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No. 3 Tigers move on to Central Regional title game with win over MSUM

HAYS, Kan. – The third-ranked Fort Hays State women’s basketball team built a 14-point third quarter lead then held on down the stretch to fend off MSU Moorhead 71-60 Saturday in front of a raucous Gross Coliseum crowd of 3,725. The Tigers (32-1) advance to Monday’s NCAA II Central Region championship game where they will play seventh-ranked Southwestern Oklahoma State, the second seed in the regional. The Bulldogs hit a last second 3-pointer to knock off defending national champion Central Missouri 78-75 earlier in the day.

The win was Fort Hays State’s 18th at home this season and extends their home court win streak to 25 straight, both matching program records.

FHSU Postgame Press Conference

Game Highlights

The Tigers got off to their second straight slow start and trailed by three early on after hitting just three of their first 13 shots. A put-back layup from Kacey Kennett with just over three minutes left in the opening quarter sparked a run of five-straight makes for the Tigers that stretched into the second quarter. Tatyana Legette tied things up at 14 with a layup before a left wing three-pointer from Madison Mittie put the Tigers in front for good.

Lanie Page splashed in a three early in the second frame before Belle Barbieri added two points on a layup to put the Tigers in front by nine following an 11-0 run. The lead hovered between four and nine for the rest of the half before MSUM went into the locker room down six thanks to a buzzer-beating three-pointer from Kiley Borowicz.

Fort Hays State used a 12-2 run in the middle of the third stanza to go in front by 14, 50-36, aided by back-to-back three-pointers from Kennett and Mittie. But the Dragons would not go away without a fight, scoring the next eight points to cut within six. MSUM hit another three at the buzzer to wrap up the third quarter, trimming the Tiger lead to seven with 10 minutes to play, 54-47.

The Dragons were within one possession on two occasions in the fourth quarter, but three-straight makes from Taylor Rolfs, Kennett and Barbieri pushed the Tiger lead back to nine with just under five minutes to play. Solid defense down the stretch helped the Tigers secure the win, limiting MSUM to just four made shot in their final 14 attempts.

The Tigers made the most of their size advantage, getting to the line 25 times (19-of-25, 76 percent) compared to just four free throw attempts for MSUM. Fort Hays State held a slight edge in rebounding, grabbing 37 boards compared to 34 for the Dragons.

After scoring 12 points in the first half, Legette finished the contest with a game-high 21 points, adding four assists, two big blocks and five rebounds. Kennett added 13 points while Barbieri added her sixth double-double and fifth in the last nine games thanks to 12 points and 10 rebounds despite playing only 18 minutes due to foul trouble. Page put up 10 points while Mittie added six after a 2-for-3 effort from behind the arc.

Notable:
The Tigers are now 15-2 against NSIC programs under head coach Tony Hobson
FHSU moves to 5-4 all-time in the NCAA Tournament

Public hearing Mon. for rezone request at 22nd & Wheatland

(Click to enlarge)

CITY OF HAYS

The Hays Area Planning Commission will conduct a public hearing Mon., March 18 for the rezoning application of the southeast corner of 22nd and Wheatland Avenue from Neighborhood Conservation District to Commercial General District.

The city commission approved the rezoning request Jan. 24 amidst a discussion of rezoning procedures and notifications to the public.

Monday’s agenda is available here. The meeting starts at 6:30 p.m. in Hays City Hall, 1507 Main.

New NW Kansas police officers graduate from academy

Officers from left to right are: Lieutenant Tim Greenwood, Officer Lane Hoffman, Officer Nick Kleiber, and Lieutenant Brandon Wright. HPD photo

YODER — Fifty-one new law enforcement officers graduated from the Kansas Law Enforcement Training Center on March 8. Independence Police Chief Jerry Harrison was the speaker for the ceremony in KLETC’s Integrity Auditorium.

The new officers were members of the 254th basic training class at the center. Located one mile west and one mile south of Yoder, near Hutchinson, the center is a division of University of Kansas Professional & Continuing Education.

The graduates, who began their training Nov. 12, represented 38 municipal, county and state law enforcement agencies from across Kansas.

Graduates receive certificates of course completion from KLETC and Kansas law enforcement certification from the Kansas Commission on Peace Officers’ Standards and Training, the state’s law enforcement licensing authority. The training course fulfills the state requirement for law enforcement training. Classroom lectures and hands-on applications help train officers to solve the increasingly complex problems they face in the line of duty.

Established by the Kansas Legislature in 1968, the center trains the majority of municipal, county and state law enforcement officers in Kansas and oversees the training of the remaining officers at seven authorized and certified academy programs operated by local law enforcement agencies and the Kansas Highway Patrol.

About 300 officers enroll annually in KLETC 14-week basic training programs. The center offers continuing education and specialized training to over 10,000 Kansas officers each year.

Area graduates who granted permission to release their names are listed below by county and agency.

Barton County
• Ellinwood Police Department in Ellinwood — Craig Merritt, patrol officer
• Great Bend Police Department in Great Bend — Matthew Barker, Malik Moon, Craig Ramsey, patrol officers

Ellis County
• Hays Police Department in Hays – Lane Hoffman, Nicholas Kleiber, patrol officers

Sherman County
• Goodland Police Department in Goodland – Jamie McKinney, patrol officer

Smith County
• Smith County Sheriff’s Office in Smith Center – Jeremy Presbrey, deputy

Curious George comes to Russell

SHPTV

BUNKER HILL – Smoky Hills Public Television has announced that Curious George is coming to Russell. The free family event will be at the Dream Theater in Russell on Tuesday, March 19 at 1 p.m.

Children are invited to meet and take pictures with Curious George. Following the meet and greet, you can grab your popcorn and watch a movie! There will also be gift bags for the first 500 kids.

“We are excited to once again bring our Family Fun Day back to the Russell community,” said Tricia Flax, Smoky Hills Public Television Events Coordinator. “This year we will have Mark Popp, the Balloon Twister, on hand to entertain the kids before the movie! Don’t miss out on this great event, Curious George is excited to meet you and your family!”

Family Fun Day is an educational and entertaining event that Smoky Hills Public Television puts on approximately 4 times a year across central and western Kansas. SHPTV brings a special PBS character to visit and FREE books and educational gifts are distributed to those children in attendance.

Time to enroll in HHS summer driver’s ed

Submitted

Anyone interested in taking Driver Education this summer through Hays High School, contact Bruce Rupp at Hays Middle school.

You may call the school at 785-623-2450 or email him at [email protected].

Hays High School allows both in-district and out-of-district students to take the course.

The enrollment meeting will be at 7 p.m. Monday, March 18 in the Hays High School cafeteria.

If you are unable to attend, there will be forms available at both Hays Middle School and Hays High School.

FHSU graduate student participates in Leadership Hays class

Andrews
FHSU University Relations

Chelsie Andrews, Bennington graduate student at Fort Hays State University, is participating in Leadership Hays, coordinated by the Hays Area Chamber of Commerce.

Andrews double–majored in tourism and hospitality management and leadership studies as her undergraduate degrees at FHSU and is now working towards a Master of Professional Studies in human resources management.

Leadership Hays is a multi-session program held from February through May and helps develop leadership skills and challenges its participants to implement the techniques learned in their personal and professional lives.

This year there are 21 participants from 19 areas of business that are participating in the program. Together, they will collaborate ideas, practice leadership skills, discuss leadership qualities and network.

Their final project will be a testament of the skills gained as they plan an activity to benefit the children in Ellis county.

“I saw the word ‘leadership’ and wanted to give it a shot,” said Andrews. “My goal is to give back to the community while gaining vital leadership tools that will aid me in my future career.”

“Chelsie’s dedication to her academic and professional pursuits are admirable as she seizes opportunities while being a part of FHSU and the Hays community,” said Dr. Stacey Smith, chair of the Department of Applied Business Studies and associate professor of Tourism and Hospitality Management.

Kansas Storytelling Festival scheduled next month in Downs


The Kansas Storytelling Festival opens on Friday afternoon and closes the following evening. Within this charmed pocket of time, the Kansas Storytelling Festival offers two evening concerts and many separate sessions of stories, workshops, and music. There’s something for everyone; Puppets and Stories for Children, Homespun Tales, Historical Portrayals, Poetry, Music, and more.

On Friday afternoon and all day Saturday, storytelling sessions are held simultaneously at different locations, all within comfortable walking distance. Stories continue almost until the evening storytelling concerts. Local organizations provide food options at the festival as well as local restaurants. Opportunities to sit down and exchange stories with a friend abound.

Performers
Whether it’s toe-tappin’ music, a glimpse into history, tall tales, or simply entertaining, fun-loving anecdotes about living, there is something for everyone at this year’s 26th annual Kansas Storytelling Festival.

Bill Harley
Bill Harley uses song and story to paint a vibrant and hilarious picture of growing up, schooling and family life. His work spans the generation gap. He reminds us of our common humanity and challenges us to be our very best selves. A prolific author and recording artist, Bill tours nationwide as an author, performing artist and keynote speaker. Bill’s songs are joyous, direct and honest. His stories are filled with the details of daily life – all told and sung from his slightly off-center point of view.

www.billharley.com

Geraldine Buckley
With her trademark wit, warmth and humor, storyteller and educator Geraldine Buckley has been involved in storytelling, speaking, performance poetry and conducting creative workshops for over thirty years. She shares folktales and Greek myths and performs true stories based on her own globe-trotting adventures at festivals, schools, theatres, house-concerts, prisons, and conferences. Geraldine bridges cultural gaps and entertains with joy.
www.geraldinebuckley.com

Joe Herrington
Joe Herrington grew up in Texas at the feet of storytellers in a day before television had assaulted the young imagination. His grandfather and uncle both talked in stories and from them he learned to weave tales and appreciate the power of words. Joe loves Western ways and traditions. He writes his stories about those times and those amazing people of unblemished character and honor. In his words, “When the campfire flickers, I get a stir in my soul. A yearning swells within me to recall the events of good days past and tell their story.” Calling all Texans and others who love a story about that big western sky and the wilderness beneath it!
https://www.joeherrington.com/

Megan Hicks
Megan Hicks has a warm sense of humor and deep respect for anybody who is now or ever was a kid. She’s a storyteller who captivates audiences of all ages and from all walks of life. As a self-proclaimed Teller-Without-a-Niche, Megan dives heart-first into every story she tells – fairy tale, personal story, American history, parody, ghost and horror, humor. Magically, her listeners are happy to follow. She takes her love of whimsy with her wherever she goes as she creates new stories and adaptations, and discovers new purposes for the “found objects” that continue to inspire her ingenuity.
www.meganhicks.com

Ed Stivender
When Ed Stivender takes the stage the audience will hear yarns – yarns spun from the epic and ridiculous, yarns drawn from centuries-old traditions, and yarns improvised on the spur of the moment. Since 1977, when he left his day job as a high school teacher in Connecticut and turned to storytelling full-time. Ed has fabulated his way around the globe. In reviews of his work, Ed has been called “the Robin Williams of storytelling” and “a Catholic Garrison Keillor,” but we think you will find his stories uniquely his own.
https://www.edstivender.com

Downs, Kansas, is called the “The Town of Many Stories,” and rightly so. We tell stories. We listen to stories. We save stories. Each April since 1994 we honor stories by hosting the Kansas Storytelling Festival.

https://www.kansasstorytelling.com/

Prepurchase admission https://www.kansasstorytelling.com/register

Sunny, mild Saturday

Today
Sunny, with a high near 57. West southwest wind 5 to 8 mph becoming north in the afternoon.
Tonight
Mostly clear, with a low around 28. North northeast wind 6 to 9 mph.
Sunday
Sunny, with a high near 54. East northeast wind 5 to 7 mph.
Sunday Night
Partly cloudy, with a low around 30. East northeast wind 6 to 8 mph.
Monday
Mostly sunny, with a high near 52. East southeast wind 7 to 11 mph.
Monday Night
Rain likely, mainly after 1am. Mostly cloudy, with a low around 35. Chance of precipitation is 70%. New precipitation amounts between a tenth and quarter of an inch possible.
Tuesday
Rain likely before 1pm. Mostly cloudy, with a high near 54. Chance of precipitation is 60%. New precipitation amounts between a tenth and quarter of an inch possible.
Tuesday Night
Mostly clear, with a low around 31.
Wednesday
Sunny, with a high near 56.

No. 3 Tigers fight off Pittsburg State to advance to NCAA II Regional semifinals

HAYS, Kan. – After trailing by as many as eight in the first half, the third-ranked Fort Hays State women’s basketball team rallied after halftime to knock off Pittsburg State 74-65 in front of 3,345 at Gross Coliseum in the first round of the 2019 NCAA Division II Women’s Basketball Championship Central Regional.

It was third time the Tigers came away victorious against the Gorillas over the last five weeks, the first time FHSU has defeated Pittsburg State three times in a single season.

FHSU Postgame Press Conference

Game Highlights

Taylor Rolfs opened the scoring with a three-pointer, but a 12-0 run from Pittsburg State soon put the visitors in front by seven, 12-5. The run matched the longest scoring stretch by a Tiger opponent this season. Madison Mittie hit a big three-pointer from the right wing late in the quarter before PSU went back in front by five, 15-10 with a buzzer-beating three of their own.

(Courtesy FHSU Athletics / Allie Schwiezer)
Belle Barbieri scores two of her 15 second half points Friday vs. Pittsburg State.

The Tigers trailed by as many as eight at the midway point of the second quarter before Kacey Kennett made two big three-pointers to help FHSU tie things up with 41 seconds left before halftime, 29-29. The junior knocked one down to spark a 13-5 Tiger run before wrapping up the run with another triple while being fouled. She buried the free throw before PSU dropped in a layup to take a two-point lead into the break, 31-29.

Kennett poured in another three-pointer on the first possession of the third quarter, putting the Tigers back in front for the first time since midway through the first. After PSU tied things up, FHSU responded with a 7-0 run on back-to-back layups from Belle Barbieri and another triple from Rolfs. The Gorillas rallied once again, tying things up with two minutes left before Barbieri gave the Tigers the lead for good with another bucket.

The Tigers padded their lead to 10 by the midpoint of the final quarter, thanks to a step-back three-pointer from Hailey Walker. Pittsburg State closed within two later in the game, but Fort Hays State held on after hitting eight of their final 10 shots from the floor alongside a 6-for-6 effort from the charity stripe. Leading by just two, Mittie doubled the lead with a wraparound layup with just over one minute to play. Barbieri put up three points the old fashioned way on the ensuing possession, stretching the lead to seven with 33 seconds to play. Rolfs and Mittie added two free throws each in the waning seconds to seal the victory.

Barbieri led the way with 17 points, eclipsing 10 points for the 21st time this season. Rolfs added 16 on 6-of-8 shooting while Kennett put up her first double-double of the season with 12 points and 11 assists. Mittie drilled four of her five attempts in the game, totaling a season-high 11 points while grabbing six rebounds and dishing out three assists. Tatyana Legette distributed a team-high six assists, her seventh game of the year with five or more dimes.

The Tigers cleaned up the on the glass, outrebounding PSU 38-25. The Tigers knocked down 48.3 percent of their shots, including a 7-for-17 effort from behind the arc.

Fort Hays State moves on to the regional semifinals to take on the regular season NSIC champions, MSU Moorhead. The Dragons advanced to Saturday after knocking off Minnesota Duluth, 63-54.

🎥 In Hays Friday, Moran defends vote against Trump’s emergency declaration

U.S. Sen. Jerry Moran, R-Kan., joined the HACC Chamber Chat Friday morning at FHSU.

By BECKY KISER
Hays Post

Sen. Jerry Moran was in Hays on Friday morning to get his hair cut and then swung by the Hays Area Chamber of Commerce Chamber Chat at Fort Hays State University.

The weekly event featured executive staff members of the FHSU Student Government Association, who explained the organization’s purpose and how it works.

Community Relations Director Jacki Dougherty, Wichita junior, talked about the outreach programs she coordinates, including partnerships.

Moran, one of the two Republican U.S. senators for Kansas and a former Hays resident, noted he had served in SGA when a student at FHSU.

“There’s nothing more important than what happens here at Fort Hays State University for the benefit and future of western Kansas. What takes place on this campus matters greatly,” Moran told the crowd. “It’s great to see the chamber of commerce, the business community of Hays, and the students come together.”

Moran visits with constituents at FHSU Friday morning, including Hays City Commissioner Ron Mellick.

After the Chamber Chat, Moran talked with many of the attendees and then sat down for a short interview with local media representatives.

Moran was asked about his vote Thursday for the Emergency Declaration Resolution of Disapproval to block President Donald Trump from using emergency powers to construct a wall along the U.S.-Mexico border. Moran is one of just 12 Republicans who joined with Democrats in the 59-41 vote. The other Kansas senator, Pat Roberts, voted against the resolution.

The Democrat-controlled House approved the resolution last month, 245-182.

“I and many of my colleagues have been interested in more border security. … I’ve introduced legislation related to strengthening our borders, including money necessary for a wall to be built,” Moran said. “The question is, how do we get there since Congress rejected that?”

After the Senate vote, President Trump tweeted “VETO!”

Moran believes Trump has been “unfairly treated by Democratic leadership” that previously voted for funding for a wall and supported it.

“Perhaps because it’s now President Trump, they’re unwilling to do so,” he said.

The contention that building a wall across the southern border is immoral is “just wrong” in Moran’s view. “It is important to have border security and to know who’s coming across our borders.”

It’s also important, Moran says, that Congress abide by the U.S. Constitution.

Moran believes strongly the method of a president declaring an emergency and spending the money is a violation of the Constitution, which Moran has sworn to uphold.

“This can become a precedent for other presidents and emergency powers have certainly been used by previous presidents,” he said. “When (Democratic) President Obama was using executive orders to negotiate an agreement with Iran on its nuclear abilities, that should have been a treaty subject to Senate confirmation. I and many of my colleagues pushed back strenuously on his, in my view, excess use of executive power. The Democrats were in the majority and the votes weren’t there for success in the Senate.

“Other presidents have worked around Congress to do things that requires Congress to be engaged in. It was wrong then and it will be wrong in the future. Having taken that position with President Obama, I can’t pick and choose at which points in time I think the Constitution is important. I think it’s important always.”

The president is acting under an emergency powers act, a law that is unconstitutional, according to Moran, and needs to be repealed or amended.

“That’s where the focus was in advance of this vote and that’s where the focus is today after this vote, is to have a different set of criteria that guides a president’s ability to declare an emergency in what circumstances.”

Moran said he thinks there is sufficient Republican Congressional support to “rein in” the law that allows presidential emergency powers regardless of the circumstances. “I don’t know about Democratic support, but there ought to be to do so.”

On Wednesday, Moran — a member of the Senate Appropriations Committee — co-sponsored a bill that was introduced as the Assuring that Robust, Thorough, and Informed Congressional Leadership is Exercised Over National Emergencies (ARTICLE ONE) Act, legislation that would restore Congressional authority over emergency declarations.

Moran acknowledged the difficulty in amending the law.

“Probably no president will ever agree to sign a law that restricts their authorities,” he said with a wry smile. “It’s a really old law and being used in ways suggesting that it must be amended. It will take a president or a super majority of House and Senate members to alter the law.”

According to Moran, the president on Thursday “indicated that he would consider” signing an amended law “in the future.”

Mid-afternoon Friday, President Trump signed the first veto of his administration, overriding  Congress to protect his emergency declaration for redirecting more than $6 billion in federal funds for the border wall.

Friday morning Moran predicted there would not be a vote in the Senate on the override and that a vote would fail in the House.

“But I intend to be consistent with my past votes,” he added.

Trump’s national emergency declaration still faces legal challenges. Sixteen states filed a lawsuit last month challenging the declaration as unconstitutional.

Below is the statement Moran issued yesterday regarding his vote on the Emergency Declaration.

 

WASHINGTON – U.S. Senator Jerry Moran (R-Kan.) – member of the Senate Appropriations Committee – Thursday announced he will support H. J. Res. 46, the Emergency Declaration Resolution of Disapproval.

“President Trump is correct, there is a need for better border security,” wrote Sen. Moran. “…I have introduced legislation and voted many times for greater funding for border security, including President Trump’s border wall.”

“Upon my election to public office, I take one oath – to uphold the Constitution of the United States,” continued Sen. Moran. “I believe the use of emergency powers in this circumstance violates the Constitution. Allowing the use of such power establishes a precedent for future presidents to further act against laws and appropriations approved by Congress. This continues our country down the path of all powerful executive – something those who wrote the Constitution were fearful of.”

Sen. Moran’s full written thoughts can be found here and below.

1. President Trump is correct, there is a need for better border security.

2. Our borders are a matter of national sovereignty and control over who enters our country is vital in our fight against terrorism and battle against drugs and human trafficking.

3. Many Americans and most Kansans agree with the President that this is an important issue and must be dealt with.

4. The President has not been fairly treated by Democrats in Congress – a wall is not immoral and democrats have previously supported funding border barriers.

5. I have introduced legislation and voted many times for greater funding for border security, including President Trump’s border wall.

6. The President can advance the building of a wall with the funding just approved by Congress and can increase the funds available by reprogramming other accounts.

7. Therefore, the declaration of an emergency is not necessary.

8. The declaration of an emergency under these circumstances is a violation of the U.S. Constitution. The laws passed by Congress years ago allowing the president emergency powers is flawed and needs to be repealed or amended.

9. In high school government class we all learned about our Founding Fathers and the three separate, but equal branches of government. This concept is one of the most significant in protecting America as a republic and maintaining citizen freedoms & liberties. Both government structure and the Bill of Rights matter.

10. Upon my election to public office, I take one oath – to uphold the Constitution of the United States. I believe the use of emergency powers in this circumstance violates the Constitution.

11. Allowing the use of such power establishes a precedent for future presidents to further act against laws and appropriations approved by Congress. This continues our country down the path of all powerful executive – something those who wrote the Constitution were fearful of.

12. Kansans have criticized President Obama for abuse of executive orders, ignoring the laws and avoiding the requirements of negotiating a treaty when dealing with foreign powers. I agree and fought it.

13. I aggressively opposed the overreach of past presidents and believe that I can not pick and choose to now look the other way.

14. If the Constitution means one thing in the Obama administration and another in the Trump administration, the enduring value of the Constitution disappears and another generation of Americans will be less free.

15. The number one responsibility we have as American citizens is to pass to the next generation of Americans our constitutionally guaranteed liberties. There are days where it seems clear we are failing greatly.

16. How we do things – even good things – matters. We were raised that the ends don’t justify the means.

17. To find a loop hole on this issue and to vote another way might be an easier course. But my gut, my intellect, my understanding of history, tells me use of emergency powers is wrong. It can’t be an option to support something I believe wrong.

18. This country is filled with people who care, who are patriots, who served in our military. I try never to let anyone down. On my watch I always want to do right as I see it.

-Jerry

Producers try to recoup losses after Plainville Livestock Commission drains account

Farmer and rancher Dereck Stockman and his son August.

By CRISTINA JANNEY
Hays Post

Derek Stockman’s farming and ranching operation has been brought to a standstill. He sold 41 heifers at the Plainville Livestock Commission on Feb. 5, but his check for almost $37,000 bounced.

Stockman of Kirwin only recently expanded his farming operation into cattle. He is now unable to make his FSA loan payments, nor is he able to get his operating loan for the coming year guaranteed.

“The bills don’t stop coming in,” Stockman said.

Stockman is one of more than 40 livestock producers in the area that have been caught up in legal action and bankruptcy of Plainville Livestock Commission, operated by Tyler Gillum. This is just the latest in a series of financial problems and federal regulation violations faced by the market agency.

“Everybody says you’ll get your money, but I don’t know. When is that going to happen?” Stockman asked. “Are they going to pay my interest or are they going to give my commission back? I doubt it.”

In the meantime, Stockman is working with the FSA to get his loan payments deferred.

Although several producers said they had heard rumors there were problems at Plainville, Stockman said he was blindsided when he received his check back from the bank.

On Feb. 12, Almena Bank froze two of Plainville Livestock Auction’s bank accounts. When the bank froze the accounts, tens of thousands of dollars worth of checks Gillum had written to area ranchers who had recently sold cattle at the Plainville Livestock Commission bounced.

In court filings, the bank noted Plainville Livestock Commission transferred more than $916,000 from its custodial account into its general operating account the bank’s officers believed to cover overdrafts in the general operating account.

Almena Bank has filed an interpleader case, which is legal action that seeks to determine to whom the money that was transferred out of the custodial account belongs.

When a market agency sells livestock, the money collected from the buyers is supposed to be deposited in a custodial account until the sellers are paid. The funds collected during sale have to be deposited into the account by the next business day.

Regulations prohibit market agencies from using the proceeds from the sale of livestock sold on a commission basis for any purpose other than paying consignors the net proceeds from the sale of their livestock, after deducting the market’s lawful charges.

RELATED: Kan. Livestock Association issues advisory on Plainville Livestock Commission

This is not the first time Gillum’s operation had been caught with insufficient funds in his custodial account.

Plainville Livestock Commission was cited by federal court in 2012 and 2014 for not having sufficient funds in its custodial account.

On July 31, 2017, an analysis of Plainville’s custodial account showed Plainville had outstanding checks drawn on its custodial account in the amount of $9,641,594. The custodial account had a balance of $45,928 with proceeds receivable of $46,615, resulting in a custodial account shortage of $9,549,050.

Between March 2018 and May 2018, Gillum issued 33 insufficient funds checks from its custodial account totaling more than $1.25 million. The checks were paid, but were paid up to two weeks late, resulting in $1,500 in overdraft fees and $775 in returned item fees on the custodial account.

The U.S. Attorney filed filed another case another case in July 2018 in which it stated Plainville Livestock Commission failed on numerous occasions to maintain funds in its custodial account. Gillum was fined $117,750.

In addition to the interpleader case, Almena bank also attempted to foreclose on Gillum based on default of three loans totaling more than $3.49 million.

The bank alleged in court documents Gillum was trying to dispose of assets that he had designated as collateral on the loans.

Cattle on Stockman’s ranch.

The stockyard is still operating in Plainville as Heartland Regional Stockyards under a license held by Ll0yd and Judy Schneider. Hays Post tried to contact the Schneiders, but received no answer at the stockyard.

Plainville Livestock Commission filed for Chapter 11 bankruptcy on March 1. Chapter 11 is usually used to restructure debt and pay creditors off over time.

Gillum’s attorney in the bankruptcy case, Thomas Gilman of the Hinkel Law Firm in Wichita, said Gillum hopes to sell the assets of Plainville Livestock Commission as part of the Chapter 11 bankruptcy debt restructure.

Gilman said Almena Bank’s foreclosure case against Plainville will be stayed until the bankruptcy case is heard in U.S. District Court in Wichita. The hearing on that case is set for April 11.

The Hays Post reached out to the attorneys for the Almena Bank, but a phone call was not returned.

Gilman said he was unsure what the procedures will be for repayment of producers who were owed money from Plainville Livestock Commission’s custodial account. He said he is not representing him in that matter nor any matters pertaining to any potential complaints filed by the U.S. Attorney in regards to violations of USDA Packers and Stockyards regulations.

Calls to the USDA Packers and Stockyards Division were not returned.

The Hays Post posed several questions to the U.S. Attorney’s office. Its media representative said he was unable to answer questions about when producers might receive their money back or what process would be used in paying back producers for the bounced checks. The representative also did not know how the bankruptcy filing might affect the claims against the custodial account.

Attorneys for Almena Bank also did not return a phone call.

As a complex legal battle plays out in court, producers like Stockman and others owed money by the operation are trying to hang on.

Larry Dinkel, owner of Jim Mitten Trucking of Oakley, hauled cattle for Plainville Livestock Commission. He has already paid employees, but he can’t go on indefinitely without what he is owed.

In addition to being short of what he was owed from Gillum’s last sale, because of the scandal fewer producers are taking cattle to the stockyard under the new operators, which means lost business for his trucking company.

“We used to haul several loads in and out of there every week, and now I don’t haul anything in and out of there” he said, “because the customers are not going back.”

Dinkel blames, in part, federal regulators, who allowed Gillum to continue to operate despite repeated financial regulation violations.

“Had they done their job, none of us would be in this mess right now,” he said.

Stockman said he also hoped federal regulators would take action.

“I don’t think anyone should have to go through this,” he said. “We farmers go through enough trouble throughout the year to put in a full year’s work and not get paid for a full year’s work. It is nothing anyone should have to go through.

“It shouldn’t ever happen. Whoever is guilty, I feel they should make an example of him, so this doesn’t happen again.”

Click HERE for the U.S. Attorney complaint filed last year.

RELATED: Plainville Livestock Commission given suspension, assessed civil penalty

🎥 City to purchase land at 27th and Commerce Parkway

By BECKY KISER
Hays Post

In a 3-2 vote Thursday night, Hays city commissioners agreed the city will move ahead with the purchase of 91 acres in the northeast corner of the 27th Street and Commerce Parkway intersection at the east Interstate 70 Exit 161.

In April 2018, the city purchased an 18-month irrevocable option to buy the land. The option expires this year on Sept. 19.

Although Vice-Mayor Shaun Musil and Commissioner James Meier previously said they would be voting against the purchase, Thursday they both said they understand why the majority of the commission supports it.

“At this time, I think we could get better use out of this money somewhere else,” Meier said.

“In my opinion, from what I’ve heard from Retail Strategies (the city’s retail consultant) and all the information you read, is that retail is just not expanding anywhere in the United States,” said Musil. “I don’t think it’s a bad deal for Hays, but I don’t think we’re desperate. … I want to help Hays grow, and I think it will. We need to grow faster, but I don’t think this is the answer.”

Commissioner Ron Mellick read a statement focusing on the high cost of land in Hays hampering development.

“A few years ago, we extended 22nd Street from Canterbury east to Commerce Parkway for better traffic flow … and we hoped that we could get retail businesses and affordable housing developed along that street. Taxpayers paid for the land, right of way, and utilities along that stretch,” Mellick said. “Overnight, this $4,000-an-acre farm ground is suddenly $80,000 to $130,000 price per acre. … I don’t have a problem with the private sector making a profit, but it is starting to hinder the city of Hays’ growth.”

Meier agreed with Mellick but said “it’s developing into a kind of chicken or egg situation.”

“I don’t think it’s a bad model to wait for the development and then put in the infrastructure,” Meier said. “On the one hand, we say that we want to put in a bunch of infrastructure. But then the land costs goes up and we feel like that’s hindering development and so then we have to buy the land. I’m just not really sure where that stops.”

Mellick noted the land would have to be sold by the city for development before the city would put in the infrastructure.

Hays will purchase 91 acres just north of I-70 and east of Commerce Parkway for future development.

“We can buy this land for $8,800 per acre,” Mellick figured. “We can purchase this 91 acres for the same price that you can only buy one-and-a-quarter acres on north Vine Street.

“We could then offer this land for retail, manufacturing, business and even affordable housing development. … Now is the time and place for us to invest in the future of Hays.”

Sales tax is the primary driver of the city’s budget.

The city will pay the remaining $782,608 to the landowner, the Cathy A. Braun Revocable Trust of Hays, along with shared closing costs and title insurance. The money will come out of the Commission Capital Reserve fund.

HPD Activity Log March 11-13

The Hays Police Department responded to 9 animal calls and conducted 13 traffic stops Mon., March 11, 2019, according to the HPD Activity Log.

Unwanted Person–200 block W 10th St, Hays; 12:40 AM
Burglary/vehicle–2200 block Gen Custer Rd, Hays; 3/10 11 PM; 3/11 6:45 PM
Parking Complaint–1900 block Main St, Hays; 9:13 AM
Civil Dispute–400 block E 21st St, Hays; 9:20 AM
Drug Offenses–200 block W 5th St, Hays; 3/8 2:25 PM; 2:30 PM
Criminal Trespass–2700 block Vine St, Hays; 10 AM
Welfare Check–200 block W 12th St, Hays; 10:32 AM
Animal At Large–22nd St and Felten Dr, Hays; 11:18 AM
Mental Health Call–1400 block E 29th St, Hays; 11:29 AM
Phone/Mail Scam–1000 block E 41st St, Hays; 11:37 AM
Forgery–4300 block Vine St, Hays; 12:26:05 PM
Forgery–4300 block Vine St, Hays; 12:26:45 PM
Forgery–4300 block Vine St, Hays; 12:27:05 PM
Forgery–4300 block Vine St, Hays; 12:27:21 PM
Forgery–2600 block Vine St, Hays; 1/15 12 AM; 11:59 PM
Battery – simple–500 block E 8th St, Hays; 12:52 PM; 12:57 PM
Phone/Mail Scam–2200 block Marjorie Dr, Hays; 1:54 PM
Suspicious Activity–1500 block Ash St, Hays; 6:17 PM
MV Accident-Private Property–1300 block E 33rd St, Hays; 7:02 PM; 7:30 PM
Criminal Damage to Property–400 block E 21st St, Hays; 9:20 AM; 5 PM
Assist – Other (not MV)–100 block W 12th St, Hays; 8:45 PM; 9 PM
Theft (general)–2200 block Canterbury Dr, Hays; 3/10 5:30 AM; 5:45 AM
Animal Call–200 block E 8th St, Hays; 9:10 PM

The Hays Police Department responded to 5 animal calls and conducted 13 traffic stops Tue., March 12, 2019, according to the HPD Activity Log.

Warrant Service (Fail to Appear)–7th and Riley St, Hays; 12:52 AM
Disturbance – General–2700 block Epworth St, Hays; 12:50 AM; 1 AM
Burglary/vehicle–1100 block Ash St, Hays; 1:25 AM; 1:32 AM
Assist – Other (not MV)–3200 block Vine St, Hays; 3:30 AM
Theft (general)–1200 block Vine St, Hays; 6:57 AM
Found/Lost Property–Hays; 8:11 AM
Animal At Large–2900 block Walnut St, Hays; 8:21 AM
Warrant Service (Fail to Appear)–1300 block E 33rd St, Hays; 9:01 AM
Phone/Mail Scam–1800 block E 26th St, Hays; 9:59 AM
Welfare Check–100 block W 4th St, Hays; 10:45 AM
Suspicious Person–29th and Vine Frontage, Hays; 11:12 AM
Unwanted Person–4000 block Gen Hays Rd, Hays; 11:27 AM
Welfare Check–200 block Circle Dr, Hays; 3/1; 3/4
Suspicious Activity–45th and Smoky Hill, Hays; 1:20 PM
Phone/Mail Scam–1000 block Country Club Dr, Hays; 1:52 PM
Shoplifting–2900 block Vine St, Hays; 2:31 PM
Shoplifting–2900 block Vine St, Hays; 3/5 3:30 PM; 7 PM
Phone/Mail Scam–500 block E 19th St, Hays; 3:24 PM
MV Accident-City Street/Alley–4300 block Vine St, Hays; 4:15 PM
Criminal Damage to Property–600 block Walnut St, Hays; 5:12 PM
Burglary/vehicle–5200 block Vine St, Hays; 2 PM; 4:30 PM
Credit Card Violations–2600 block Vine St, Hays; 4:40 PM; 4:45 PM
Credit Card Violations–1900 block Vine St, Hays; 4:30 PM; 4:35 PM
MV Accident-City Street/Alley–2100 block Wheatland Ave, Hays; 7:35 PM
Suicidal Subject–2100 block Wheatland, Hays; 8:55 PM
Rape–3200 block Vine St, Hays; 11:33 PM

The Hays Police Department responded to 4 animal calls and conducted 24 traffic stops Wed., March 13, 2019, according to the HPD Activity Log.

Theft (general)–300 block E 5th St, Hays; 2/18 12 PM; 3/11 12 AM
Warrant Service (Fail to Appear)–300 block E 5th St, Hays; 3:04 AM
Phone/Mail Scam–500 block E 7th St, Hays; 8:54 AM
Abandoned Vehicle–1700 block Holmes Rd, Hays; 9:08 AM
Animal Call–1700 block Felten Dr, Hays; 10:02 AM
Welfare Check–400 block W 37th St, Hays; 12:10 PM
MV Accident-Hit and Run–4300 block Vine St, Hays; 12:43 PM
Unwanted Person–4000 block Gen Hays Rd, Hays; 1 PM
Animal At Large–27th and Hall St, Hays; 2:20 PM
MV Accident-City Street/Alley–22nd and Vine St, Hays; 2:22 PM
Juvenile Complaint–2100 block Commerce Pkwy, Hays; 2:40 PM
Found/Lost Property–100 block W 12th St, Hays; 3:47 PM
Intoxicated Subject–3300 block Vine St, Hays; 6:10 PM
Suspicious Person–1000 block E 41st St, Hays; 6:40 PM
Intoxicated Subject–2200 block Canterbury Dr, Hays; 6:45 PM

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