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Record tampering, retaliation, $600 coffee pots. What’s going on in Clay Co. government?

https://www.kansascity.com/news/politics-government/article212335919.html

On a sunny day last May, a boom truck sat outside the Clay County Annex on Vivion Road.

Worlds of Fun was sued for polluting. Then Missouri loosened its pollutant limits

By Kelsey Ryan
The Kansas City Star
July 8, 2018

https://www.kansascity.com/news/local/article213690094.html#storylink=cpy

 

When a Missouri group sued Worlds of Fun for its pollution of waters that eventually lead to the Missouri River, the last thing it wanted was to loosen environmental regulations.

The Missouri Coalition for the Environment in 2016 reached a settlement with Worlds of Fun, which includes Oceans of Fun, and the park has followed the terms of its agreement so far.

But this year, the Missouri Department of Natural Resources loosened the park’s permit under the Clean Water Act, allowing it to send more pollutants into the river.

“You want this to strengthen the environmental law,” Heather Navarro, executive director of the St. Louis-based Coalition for the Environment, said of the lawsuit. “You want to uphold the clean water laws, and often what happens is instead of strong enforcement, they increase the limits.”

In the park’s most recent permit, the state increased or completely removed limits for several pollutants, including chlorine, oil and grease, and total suspended solids (solids in water that can be trapped by a filter), The Star found.

Pollution inside the park itself is not an issue. But environmental groups are concerned about both the overall water quality of the Missouri River and the fate of a rare and ancient sturgeon as pollutants flow from outfalls at the park into creek tributaries and eventually the river.

Larry O’Donnell, president of the Little Blue River Watershed Coalition, called the permit level increase a “back door” for allowing pollution.

“DNR is not servicing the people of Missouri, it’s servicing industry,” he said. “They’re the Department of Natural Resources, not the Department of How Many Resources Can We Screw Up.”

Under the Clean Water Act, restrictions on effluent discharge can be loosened only in certain circumstances. The DNR said it now believes Worlds of Fun’s old permit was incorrect and that the park should never have been held to the same standards as a traditional wastewater facility, said Paul Dickerson, compliance and enforcement chief for the DNR’s Water Pollution Control Branch.

“We want people to know that we did not change this arbitrarily,” he said.

Chris Foshee, spokesman for Worlds of Fun, said the park would not comment on the change in levels on its latest permit. However, he said the park did not dispute the old limits when it appealed the permit earlier this year. That appeal, he said, dealt mostly with wording and was dismissed in May.

The coalition’s lawsuit focused primarily on the park’s history of noncompliance with its state permit from 2010 to 2015. According to the suit, the amusement park had “ongoing, repeated, and unlawful discharges of toxic water pollutants” in violation of the Clean Water Act and regularly dumped chlorine, copper, total suspended solids, oil and grease in amounts that exceeded the limits allowed by its state permit.

The suit also said that Worlds of Fun regularly failed to conduct required monitoring or report that data to the state and did not comply with the schedule to make wastewater treatment facility improvements.

Worlds of Fun and Oceans of Fun, which have combined operations, are owned by Cedar Fair, a publicly traded company that had net revenue of $1.3 billion last year. Cedar Fair is one of the largest regional theme park operators in the country, with more than 25 million visitors across its 11 parks last year.

As part of the settlement, Worlds of Fun paid $100,000 to two groups for river cleanup activities, replaced its oil and water underground tank at the Prowler ride and provided oil release reports to the state’s hazardous waste program, in addition to paying civil fines.

While the water in the Missouri River is “not going to eat the skin off your body,” O’Donnell said, he doesn’t advise people to drink it or go in it after a big rain. The long-held theory that “dilution is the solution to pollution,” or the approach of allowing even small levels of pollution in water, is flawed, O’Donnell said.

“It doesn’t just disappear; it’s going somewhere,” he said. “People downstream are going to pay for that. … Basically, you’re letting industries and corporations put stuff in the water that municipalities will have to take out in order for people to drink the water. That’s not right for the common good.

“Go tell the aquatic life in the stream that a little more chlorine isn’t going to hurt them. The reason they put chlorine in water is to kill bacteria. It kills things in the stream.”

‘Limited resources’

Despite meeting the terms of the settlement, Worlds of Fun recently was in violation of its permit because it had not reported the amounts of pollutants discharged into Shoal Creek tributaries since April, Dickerson said.

But after The Star called the park last week to ask about its noncompliance, it filed the reports with the state.

The permit program sets requirements for regularly monitoring and reporting the amounts of pollutants. In 2017, when the park filed its reports with the state, it had three separate permit violations, Dickerson said: two for total suspended solids pollution and one for oil and grease pollution that exceeded allowed limits.

Dickerson said the department had reached out to Worlds of Fun about its recent missing report but “had difficulty getting ahold of folks.”

Inaction by the DNR is what prompted the Missouri Coalition for the Environment’s suit in 2015, the coalition said.

From 2010 to 2015, the DNR sent Worlds of Fun at least 24 “Letters of Warning” and at least 10 “Notices of Violation,” according to the suit. But that apparently is as far as it went.

“The state of Missouri wasn’t doing their job,” said Ed Smith, policy director for the coalition. “We rely on government entities like the Department of Natural Resources to be responsible for upholding clean water laws. … We have these laws for a reason, and they need to be enforced.”

The EPA delegates most of its compliance and enforcement responsibility for federal environmental laws like the Clean Water Act to states. In Missouri, the reports that show levels of pollutants put in the water are self-reported by permit holders.

On-site inspections by the state usually occur every five years as permits expire, Dickerson said. However, the coalition’s lawsuit prompted the state to do an immediate inspection in 2015, and the park was found to be out of compliance at that time.

Dickerson said the department oversees more than 10,000 permits across the state. At the Kansas City regional office, there are about 10 inspectors.

“We have limited resources,” he said. “If it’s brought to our attention and there’s a real problem there, we’ll take a look at it.”

But Bob Menees, an attorney with Great Rivers Law, which helped the coalition with its suit, said being short-staffed should not be an excuse for not following up on reports that show an obvious violation.

“It’s low-hanging fruit for the agency to say, ‘Here’s a problem, let’s address it,’ ” he said.

In the last year, the DNR has also changed its mission statement, which Navarro said she believes is reflective of its new approach.

The old mission statement said, “The mission of the Missouri Department of Natural Resources is to protect our air, land and water; preserve our unique natural and historic places; and provide recreational and learning opportunities for everyone.”

Now, it says, “The mission of the Missouri Department of Natural Resources is to protect Missouri’s natural resources while promoting the environmentally sound operations of businesses, agriculture and industry in our interactions with the public.”

Navarro said it “sends a strong message when the department puts the interests of private business in its mission statement.”

“We want to make sure everyone knows they live in a watershed and what that means and how the things we do on a daily basis affects water quality. Oftentimes when you think about water quality, you think about drinking water, but what you see in the park is also ultimately impacting the quality of our water.”

 

The Missouri River is home to the pallid sturgeon, a fish protected under the Endangered Species Act and mentioned in the coalition’s lawsuit.

“The reason we’re paying attention to the health of the pallid sturgeon is because its health is tied to our health,” Navarro said. “If the pallid sturgeon is not doing well, it says something about the quality of the water, which is something we all depend on.”

Pallid sturgeon have been around at least 70 million years but were listed as endangered in 1990. Over a century ago, pallid sturgeon were overfished for their eggs, which were sold as caviar. A whiskered bottom feeder, the fish can get up to 6 feet long and its flat belly and snout make it more hydro-dynamic.

“It’s a fish that loves big rivers, muddy rivers. It’s got a tremendous sense of smell and touch. It’s adapted to a low-light environment,” said Robert Jacobson, supervisory research hydrologist with the U.S. Geological Survey who has worked on the Missouri River since 1993 and led studies on the fish.

But there is not enough information to determine how much water quality impacts the pallid sturgeon, Jacobson said.

“The Missouri River is like a house full of loaded guns, but there’s no smoking gun on how water quality affects the pallid sturgeon,” Jacobson said.

Researchers are in a bit of a Catch-22: Because the fish are protected, they can’t catch and then study specimens in an autopsy. And because they can’t study them as thoroughly, they have a harder time determining environmental factors that harm the few that are left.

They have determined, however, that adult pallid sturgeon have a much higher survival rate than younger ones, which means that whatever is keeping them from thriving is likely affecting young fish more.

If there is an acute contaminant in the river or a drop in dissolved oxygen, that could potentially be life-threatening, he said, particularly when the sturgeon are young.

Things like oil and grease have organic compounds that can be toxic, he said, and as they break down, it creates a demand for oxygen in the water, increasing the dissolved oxygen level. Adult fish could simply swim away to other areas, but not the young drifters.

Other potential contaminants, like chlorine, can also be harmful depending on concentration. And copper is very toxic to many organisms, Jacobson said.

“Unfortunately, there are a lot of holes in our knowledge about how things specifically affect this organism,” he said.

Dickerson said the state continues to check with Worlds of Fun on its pollution monitoring reports but that the department primarily focuses on entities with consecutive quarters of noncompliance.

Navarro said the coalition will continue to keep tabs on Worlds of Fun and encourage improvements. In the meantime, she said, consumers can make a difference.

“So many companies, including water parks, are responsive to consumer demand — like people demanding a certain quality of food or using recycled bags,” Navarro said.

“Consumers can make more demands for the environment through purchasing and can have a real impact.”

Businesses linked to McCaskill’s husband get $131 million in federal dollars

Businesses linked to McCaskill’s husband get $131 million in federal dollars

By Kelsey Ryan and Lindsay Wise

July 24, 2018 05:00 AM

When cops kill in Kansas, you probably won’t hear their names or see the video

Filing a complaint over police racial profiling in Kansas? Don’t expect much

THE KANSAS CITY STAR

December 17, 2017 

http://www.kansascity.com/news/politics-government/article190119129.html

This story was part of The Star’s entry for the Pulitzer Prize in public service. It was named a finalist in 2018. 

 

 

Residents still hope to save ‘the last KC forest’ despite Park Hill School plans

August 03, 2018 07:10 PM

https://www.kansascity.com/news/local/article216038690.html#storylink=cpy

 

Walk through the Line Creek Forest, and it’s the quiet you notice first. No cars buzzing by. No lawn mowers. Just the wind blowing through ancient trees and the faint trickle of a nearby creek. A chance encounter with a doe.

Under Brownback, Kansas government kept shrinking. ‘We’ve got a lot of damage to repair’

OCTOBER 18, 2017 11:00 AM

http://www.kansascity.com/news/politics-government/article179485646.html

 

It’s no secret that state government in Kansas is smaller than it used to be.

But you might be surprised at how much smaller.

A review of workforce reports reveals that the number of non-university state employees shrunk about 25 percent between 2002 and 2016.

Fewer state social workers to handle vulnerable adult and child welfare cases. Fewer guards to secure prisons. Fewer troopers and highway patrol staff to keep highways safe. Fewer medical professionals to care for the mentally ill in state hospitals.

“The image people have is a faceless bureaucrat pushing paperwork, but in reality it’s public safety… that’s where the real effect of these policies and political talking points has come home to roost,” said Rep. Melissa Rooker, a Fairway Republican.

“Those were not all excess positions to cut away the fat.”

While Gov. Sam Brownback is notorious for trickle-down style tax cuts — which have since been reversed by the Legislature — it’s the government workforce reduction that could have an even bigger impact on Kansans for years to come.

The reductions didn’t start with Brownback. In the eight years under Democratic Govs. Kathleen Sebelius and Mark Parkinson, whose terms were bookended by the post-9/11 recession and the Great Recession, the non-university state government workforce decreased 12 percent.

During Brownback’s shorter six-year tenure, the number of state government workers decreased 14 percent.

Now, Brownback is preparing to leave Kansas for a new job in the Trump administration as the U.S. ambassador at large for religious liberty, a State Department post based in Washington. He’s already gone before the Senate Foreign Relations Committee, and needs approval by the committee and then 51 senators for the nomination to be confirmed.

That leaves the Legislature and the future governor, Lt. Gov. Jeff Colyer, to decide how to move forward.

“We’ve got a lot of damage to repair,” Rooker said. “It will take a decade to recover from this combination of budget cuts, austerity measures and changes made within agencies.”

Lost institutional knowledge. High turnover. Fewer people holding the keys to power and information.

“Not only have we depleted our workforce in terms of numbers, but we’ve also depleted it in terms of expertise, which is why so many of our agencies are underperforming,” said Sen. Laura Kelly, a Topeka Democrat.

Last year, there were just over 17,000 non-university employees in state government — a loss of more than 5,600 workers since 2002, according to data from the Kansas Department of Administration workforce personnel reports.

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Nearly every state agency has seen reductions — through reorganization, privatization, cuts, attrition, unsuccessful recruiting or a combination of those things — in the last 15 years.

A Star analysis found the agencies most affected from 2002 to 2016:

▪ Department of Social and Rehabilitation Services, now called the Department for Children and Families, has lost nearly 1,800 employees (49 percent)

▪ Department of Transportation has lost more than 1,050 employees (34 percent)

▪ Highway Patrol has lost 117 employees (14 percent)

▪ Adult correctional facilities (El Dorado, Ellsworth, Hutchinson, Lansing, Larned, Norton, Topeka and Winfield) have lost 539 employees (nearly 20 percent)

▪ State hospitals (Larned, Osawatomie, Parsons and the Kansas Neurological Institute) have lost more than 534 employees (25 percent)

‘Intentional effort to downsize’

Nationwide, the number of non-university state government workers was fairly stagnant in years leading up to the Great Recession, between 2002 and 2006.

After the recession, the number of state workers nationwide started to decline, but not as drastically as in Kansas, according to an analysis of federal data by the Center on Budget and Policy Priorities, a nonpartisan research institute based in Washington, D.C.

The reason? A combination of the recession and states not wanting to raise more revenue through taxes as soon as things turned around.

“The Great Recession had a dramatic and very immediate impact, so there were decisions that had to be made and that was several rounds of straight up, ‘We’ve got to cut X percent across the board,’ ” Rooker said. “What we should have done coming out of the recession is invested. We started to recover and that’s when you had a new administration come in that decided to double down and continue the process of cutting.”

In a statement, Brownback said his “approach has always been that state government should have fewer, but much better paid employees. With that in mind, I’ve directed targeted pay increases for social workers, corrections and Highway Patrol officers. I also worked with cabinet secretaries to make the pay plan approved by the legislature this spring more fair and equitable for our state workers.”

Part of the reductions were purposeful and part of the Brownback administration’s philosophy of smaller government, said Shawn Sullivan, state budget director.

“In some agencies, particularly those in general government, there’s been an intentional effort to downsize, to be more efficient,” Sullivan said. “As staff left or retired, internally we would check to see if we needed to replace them with someone else, combine positions with another at that agency.

“In other places like (state) hospitals, we’ve had reductions, but I wish we wouldn’t have.”

For example, Larned State Hospital and Osawatomie have both seen about 30 percent staff reductions, according to state data. Sullivan said it has been difficult to recruit, particularly in western Kansas, and that the administration is working on things like increasing pay.

“There have been certain cases where we have struggled with revenue in the last couple of years that agencies have looked for further efficiencies so they will be able to keep the impact on their programs minimal,” Sullivan said.

Started with Sebelius

Like now, when Sebelius took office in 2002 the state also had an unresolved school finance case and some priorities that were not going to be fully met.

“We really started with a hiring freeze mentally, not deliberately eliminating things,” Sebelius said. “Then we did a broadbase look at efficiencies in state government.”

One of the biggest cuts was to the Department of Administration, which shrunk by 268 employees, or 35 percent, from 2002 to 2009, according to state data. Another was the Department of Labor, which was nearly halved from 822 to 421 during that time.

Sebelius said her administration froze vacancies after review, sold cars sitting idle, inventoried buildings and focused more on agencies that did not deliver human services. New technology also played a role in consolidation and replacing vacant positions with updated technology.

“At the outset, some things were off the table, anything with services to vulnerable populations,” Sebelius said. “We knew that was a lousy way to save money, it makes prisons less safe and puts foster kids in jeopardy.”

‘Experienced manpower’ lost

Lately, one of the biggest issues is staffing within the Department of Corrections, said Sen. Carolyn McGinn, a Sedgwick Republican and chairwoman of the Senate Ways and Means committee.

“We don’t have enough people to work a proper working day, especially in an environment that people need to be rested and alert, so now we have people that are working 12-plus hours a day,” she said.

“In the end, it causes safety issues for the people that work there and it can cause safety issues for people who are supposed to be seeing a parole officer on work release.”

Over the summer, amid inmate disturbances, the staffing shortage increased at Kansas’ largest prison in Lansing. At one point in July, Lansing Correctional Facility had 116 staff vacancies. The Kansas Department of Corrections says the facility, which houses more than 2,000 inmates, needs a staff of around 682 workers.

Another state prison, El Dorado, also dealt with staff vacancies, and in late June, some inmates refused for several hours to go back to their cell blocks. The workers union filed a complaint in July and said some employees at El Dorado were being forced to work 16-hour shifts. In August, Brownback approved pay increases for prison workers.

McGinn said her constituents have also called her to complain about seeking services from the Department for Children and Families.

“They can’t find anyone to talk to locally,” she said. “It used to be that we had regional offices and case workers that would help people get connected and get through bureaucracy in Topeka. Now that doesn’t happen.

“I do believe part of (the problem) is manpower, and more importantly lately it’s experienced manpower — people with knowledge and history of how to get those pieces connected.”

DCF figures show the number of full-time social workers handling child welfare and vulnerable adult cases has decreased 15 percent since 2010. Meanwhile, in the same time frame, the number of children in Kansas foster care has increased about 40 percent.

During Brownback’s administration, membership in the Kansas Organization of State Employees has gone from about 12,000 to 7,500, union president Robert Choromanski said.

“Veteran state employees are leaving in droves across all state agencies,” he said.

Part of the reason is double-digit increases in some health care premiums, the state pension program not being adequately funded, and wages not keeping up with inflation. Some state employees have decided to give up their civil service protection classification in order to get a raise, he said.

‘A healthy path’

McGinn wants the Legislature to immediately focus on agency staffing when it reconvenes in January.

“We need assessments of individual agencies or audits to find out whether we’re meeting the needs of folks,” McGinn said. “I don’t think it’s a matter of we need to hire X amount of people. We need to do measurements within every agency and ask if we’re doing the job that Kansans have asked for, particularly with our seniors and disabled.”

Sullivan, the budget director, said he welcomes legislative oversight.

“We often hear legislators say that we’ve cut to the bare bone in staff,” Sullivan said. “I challenge everyone to look at the outcomes of those agencies.”

Staffing levels can’t be increased overnight, and likely won’t be for years. Those decisions will fall on the shoulders of a new governor and the Legislature.

The entire House of Representatives is up for re-election in 2018.

“We have a whole lot more work to do to get things back on a healthy path…,” Rooker said. “It’s been evident for awhile and it played an outcome in the 2016 elections. I think people are feeling it in their daily lives, in one way or another.”

Kelsey Ryan: 816-234-4852@kelsey_ryan

Not only does sexual harassment happen at Kansas Capitol, ‘it’s a regular occurrence’

OCTOBER 31, 2017 2:55 PM

http://www.kansascity.com/news/politics-government/article181926331.html

African-American homeownership suffered most in recession — and still hasn’t recovered

JULY 09, 2017 7:00 AM

http://www.kansascity.com/news/local/article160229789.html

‘Drowning machines’: Low-head dams an unexpected killer

The Wichita Eagle, Sept. 1, 2016

http://www.kansas.com/news/local/article99351512.html

By Kelsey Ryan

 

On July 9, five people went for a morning kayak trip on the Arkansas River.

Rain had swollen the river. It was 7 feet higher than normal and had water flowing faster than 6 mph – a swift current for the Arkansas.

They were on the river for only a few minutes when they hit churning water under the 21st Street bridge.

The kayakers didn’t see small yellow signs on the bridge above warning of the dam below.

They didn’t know they were heading toward what experts call a “drowning machine” – a low-head dam. Such dams have killed more than 340 people across the country since 1980.

Kansas has an estimated 100 such dams, but no state regulations for warning signs. Local officials pushing the river as a recreation destination are just now considering ways to add and improve warning signs.

When one of the women in the group went over the 1.5- to 2-foot drop, her kayak tipped and she fell out. She was not wearing a life jacket.

Brian Bergkamp, a 24-year-old seminarian from Garden Plain, tried to help.

From his kayak, he threw the woman the life jacket she had lost.

But Bergkamp’s kayak overturned.

Somehow, the woman was able to get out of the current. No one saw Bergkamp after he went under.

His body was found nearly three weeks later, 6 miles down the river.

‘Drowning machines’

Because low-head dams don’t look dangerous, people underestimate the power behind them and go over them – even if they see the dams first.

The hydrology behind low-head dams is why experts call them “drowning machines.”

As water flows over the top of the dam, it creates a circular current on the down-river side that pulls people and debris down, up and back toward the dam in an unrelenting cycle.

“Low-head dams harbor strong hidden rotating reverse currents that swimmers just simply cannot overcome,” said Bruce Tschantz, who studies low-head dams and the deaths related to them. Tschantz is the former chief of federal dam safety for the Federal Emergency Management Agency and professor emeritus in the University of Tennessee’s civil and environmental engineering department.

This circular motion can put hundreds of pounds of pressure on a person in the water, he said.

“It’s like a washing machine. It just keeps recycling you.”

Nationwide, at least 340 deaths have been reported at dams like the one where Bergkamp drowned since 1980, according to Tschantz’s research.

So far this year, 25 deaths have been reported at low-head dams nationwide. Most of the deaths occur from April to August.

An increasing number of deaths at dams in recent years may be attributed to more people kayaking and canoeing, Tschantz said. At least half of drowning deaths at dams are from kayakers and canoeists.

Changing flow conditions at dams make them unpredictable day to day.

“The greater the flow, the more dangerous it becomes until it’s totally flooding over the dam and there’s no danger at all because the water doesn’t even recognize the dam,” Tschantz said.

“It’s the in-between of the extremes that causes dangerous conditions,” he said.

Witnesses say Bergkamp was wearing his life jacket. But in situations like this, life jackets don’t help much.

The water at the base of these dams has low buoyancy because of increased aeration – up to 30 percent air bubbles, Tschantz said.

About 60 percent of people reported to have died at dams were not wearing a personal floatation device, and about 40 percent were, according to Tschantz’s research.

“Even life jackets are not adequate to keep you afloat,” he said. “It’s like jumping out of an airplane with no parachute.”

Tschantz still recommends always wearing a life jacket.

“The bottom line is: Don’t go over a dam,” he said.

Four dams

Water rescues at low-head dams can be risky.

People who try to rescue others often become victims themselves, Tschantz said: Up to 25 percent of victims at dams are rescuers.

“When it’s raging like that, we can’t train in it. It’s too dangerous,” said Brent Holman, rescue captain for Wichita Fire Department Station 4, who helped in rescue efforts for Bergkamp. “We do what we can, but unfortunately, usually it’s not a good outcome.”

“If you get caught in one of those that’s violent enough, you can’t get out of it. It’s going to hold you until it’s good and ready to let you go,” Holman said.

“In any swiftwater situations, with all the training we do, that makes me the most nervous. Even with all the gear we have, it still makes me nervous because there’s no power like moving water. It gets underestimated. That’s why people get in trouble.”

25 percentof victims at dams are rescuers

The Arkansas River in Wichita has two dams. The Little Arkansas River also has two.

Only one, the Lincoln Street dam on the Arkansas, has a boat passage on the side that allows kayakers to pass safely and fish to migrate up the river. A new dam with the passage was completed in 2012.

Another, the Central Avenue dam on the Little Arkansas, has a log boom to help catch driftwood and warn boaters.

There also are dams at the Keeper of the Plains and at 21st Street, where Bergkamp drowned in July. The 21st Street dam was built in the 1970s to slow floodwaters from the Big Ditch.

Holman said he’s seen people get in trouble at the dam by the Keeper of the Plains, and he was in a group that had a training accident at the 21st Street dam about 20 years ago.

The rescue workers training there lost one of their boats and a radio, but all the people made it safely to shore.

When an accident occurs, the team operates in rescue mode for about 30 minutes and then goes into recovery mode. When it’s cold water, the rescue mode lasts longer.

“We do the best we can, but it’s like looking for a needle in a haystack and it’s moving,” Holman said. “You just don’t know where they’re going to end up. Then what really sucks is you don’t have closure.”

The addition of a boat passage at the Lincoln Street dam has helped rescue teams, but Holman said the department needs a boat ramp south of the Lincoln Street dam to improve access.

The 21st Street dam, where Bergkamp drowned, is especially dangerous because it’s actually four low-head dams that span across the pillars under the bridge, Holman said.

“A lot of people don’t even know it’s there,” he said. “You can see it if you’re on the walking path. But if you go north of there, there’s not too much in the way of signage to warn people.

“The signs are small and they’re rusty,” he said. “There need to be huge signs. There are big signs at Lincoln Street now, and there need to be big signs (at 21st Street) – maybe a cable stretched across, too. … When it’s going, it’s a churning, nasty machine. And it doesn’t discriminate. It’s going to kick you around. It doesn’t care who you are or how strong you are. It’s going to win.”

Signs for safety

Over the last several years, local officials have encouraged more people to get out on the Arkansas River.

In July, the Arkansas was named a designated National Water Trail, an award from the U.S. National Park Service that rates the river from Great Bend to the Oklahoma border as one of the best recreational rivers in the nation.

Now, after Bergkamp’s death, the city hopes to catch up its safety measures.

Asked about any immediate plans for new signs at Wichita’s dams – including the dam at 21st Street – Troy Houtman, director of parks and recreation for the city, said some new signs are planned in the next four to six weeks.

He’s not sure if signs will be at all the dams. “We haven’t even done inventory,” he said.

The Arkansas River Coalition, a nonprofit that aims to protect and promote enjoyment of the river, says on its online River Guide to avoid the hazardous low-head dam under the 21st Street bridge.

Signs should be erected in locations where swimmers and boaters alike can easily read them from upstream or downstream, said Tschantz, who studies low-head dams and the deaths surrounding them.

“That would be the very minimum thing to do,” he said.

The Kansas Department of Agriculture’s division of water resources has no requirements for signs warning about dams, according to Terry Medley, water structures program manager.

Kansas’ dam safety program, like many across the country, focuses more on structural integrity of dams rather than public safety and drowning.

In Pennsylvania, law requires signs 100 to 200 feet upstream and downstream and on both sides of a river, depending on the size of the dam. Another precaution is stringing buoys on either side of the dam in conjunction with the signs, Tschantz said.

There should also be signs pointing to portages or places where kayakers and others can get out, he said.

The Lincoln Street dam, where the boat passage is located, has large signs directing kayakers to the passage so they don’t go over the dam.

Sen. Dan Kerschen, R-Garden Plain, vice chair of the Senate committee on natural resources, said it’s worth looking into the state requiring signs at dams.

“If there’s some information out there, let’s take a look and have a discussion about that,” Kerschen said.

Breaking the cycle

Some states are removing dams altogether because of the public danger and the effect of dams on the ability of fish, like trout, to migrate upstream.

According to American Rivers, a national river conservation organization, more than 350 dams were removed across the U.S. between 2010 and 2015.

Dam owners and municipalities can dump rocks below the dam to break up the boil, put in concrete steps as a series of falls, or build a series of pools and drops, Tschantz said.

The city’s capital improvement plan for 10 years into the future includes a boat passage at the 21st Street dam similar to the one at Lincoln.

“We could try to do the same (at 21st Street),” said City Engineer Gary Janzen. “At some point, we can’t protect everyone. Unless we physically put something in the river like the log boom, the idea is we would direct them to the boat pass and then that no longer is an issue – if and when we do that.”

He estimates it could cost more than $1 million to put a boat passage in at the 21st Street dam.

Houtman, with the parks department, said no money is set aside for that.

“We always want more activities and people enjoying nature and getting involved,” Houtman said.

“With that comes to light things ignored over the years, operations and maintenance of the river system. Nobody has really put pen to paper on this, and it’s forcing us to look at it a little bit differently. Now we’re finding out some of the dangers and concerns, and we want to address them.”

An ordinance passed by the Wichita City Council in June gives the parks department the authority to close parts of the river deemed dangerous based on flow rate and debris in the water.

But that could be difficult to enforce, Houtman said.

“People are still going to go out on the river. They see it as a challenge, something to do … I think everyone within the city wants to prevent these (accidents) from happening.”

Planeview: ‘Miracle City’ no more

planeview_fs8

The Wichita Eagle, Nov. 11, 2015

http://www.kansas.com/news/local/article44329398.html

By Kelsey Ryan

 

 

Dante Eddy called her landlord about the rat droppings in her house on Cessna Drive.

Nothing changed.

She called about the broken windows, the unusable toilet, the bathroom sink that overflows when the kitchen sink is drained, black mold, the broken furnace, the water heater that doesn’t work, the hole in the kitchen cabinet that reveals the dirt below, the mice coming out of holes near power outlets, the birds and bees living in the siding, the leaky pipes under the house, branches and junk in the yard, no mailbox, no stove, no refrigerator.

Nothing changed.

Rent is $375 a month.

The family used the bathroom and sponge-bathed at the QuikTrip a mile away. They washed their dishes in the bathtub.

Lots of people live that way in Planeview, a neighborhood in southeast Wichita built to house nearly 20,000 aircraft workers and their families in the 1940s.

The houses were built to last only through World War II.

But 72 years later, many are still standing – barely. They are home to thousands of impoverished Wichitans.

Eddy moved to Wichita with her two sons in September. She wanted a fresh start away from Kansas City.

The house in Planeview wasn’t what she had in mind.

‘Miracle City’

Bernie Dove is the Queen of Whitney Lane.

Dove, 87, has lived on the quiet street in Planeview since the early 1950s, slowly buying up duplexes and triplexes around her. She now owns 10 units – all but one property on her block.

She’s a good person to ask about Planeview because she’s seen it change over the years, and she tries to keep up her properties.

“If you want a neighborhood to be nice in Planeview, you’d better own it. A lot of people out here who own property want the money out of it, but they don’t ever want to do anything for repair. That is the problem. Outside of that, I love Planeview,” says Dove, who mows all the lawns herself and has lined the street with American flags.

At 5 p.m., you can hear “The Star Spangled Banner” playing from McConnell Air Force Base nearby.

Initially hailed as the “Miracle City,” Planeview was part of America’s war effort – think Rosie the Riveter and Victory Gardens and the Stars and Stripes.

Planeview – and the war – drastically changed Wichita’s trajectory as the Air Capital of the World.

Built on about 500 acres in southeast Wichita, Planeview is bordered by Pawnee to the north, South Hillside to the west, East 31st Street to the south and I-35 and George Washington Boulevard to the east.

It was one of three Federal Housing Administration projects in Wichita, along with Beechwood (removed in 1955) near Douglas and Webb, and Hilltop Manor, which still has some original structures, to the north.

Planeview had its own post office, schools, movie theater, grocery stores – everything a war-time city ought to have. It quickly grew to the seventh-largest population center in Kansas.

After the war, Wichita was short on housing. Local and federal governments passed the buck on the pesky Planeview problem.

It’s unclear how many other temporary housing structures remain standing or if Planeview is the last of its kind – the only one the government didn’t fix.

In the 1950s, the federal government sold off the houses and the city annexed the land.

In 1965, Robert DesMarteau, director of the Wichita Urban Renewal Agency, told The Eagle that the federal government selling the temporary houses was inconsistent with its “program of slum clearance and urban re-development.”

He suggested direct congressional action to clear Planeview and other similar projects.

“The government should be willing to right its own wrong.”

Nothing changed.

‘It’s all about survival’

A rooster crows in Planeview.

It’s a Tuesday afternoon in October.

Makeshift barns with chickens, geese and goats clutter small yards. A hammock hangs high in the trees.

There’s not much grass in Planeview. It’s mostly gravel, uneven concrete and unkempt alleyways. Some of the houses don’t have street access, commune-like communities built for residents who didn’t need cars because they were bused to work to build B-29s.

Poverty crept in gradually, affecting an estimated 40 percent of Planeview residents by 2010.

In 1960, the median household income, adjusted for inflation, was $39,132. Now, it’s about $23,000.

In that same time, the number of homeowners decreased from 41 percent to 23 percent. The median value for homes is $36,600. Most of the homes are bought outright because banks won’t readily loan for them – or to the people willing to buy them.

Bulky waste – couches, mattresses and other trash – litters some street corners, even though the city had held a neighborhood cleanup a week before.

Two extension cords run across alleyways for neighbors to get electricity. It’s not uncommon to see neighbors helping neighbors like that, says Janet Johnson, community services supervisor for the city.

“For people in poverty, it’s all about survival. Relationships mean everything,” she says.

Johnson worked in the city’s Planeview neighborhood office for eight years. She knows the people and the problems. She loves it here.

“Sometimes it’s like walking through a Third World country. The sad thing is there’s a whole lot of people in our city that have no idea.”

‘I can’t go back’

A 66-year-old Laotian woman, Bouakhiane, sits on her front porch in Planeview.

It’s probably one of the last warm days this fall. The porch is covered in pots and pans and plants. Shoes sit outside the door.

Her little granddaughter, with a gold pendant of a monk around her neck, points out the neighbor’s chickens on the loose.

“Chicken! Look!”

But Bouakhiane isn’t too concerned.

She and her husband, a soldier, fled as refugees from Laos to the U.S. in 1979, landing first in North Carolina.

Planeview is one of the most diverse neighborhoods in Wichita. Cultures and foods and religions and ways of life collide here.

About 75 percent of Planeview residents are minorities. About 14 percent are Asian, largely Southeast Asian refugees who came in the late 1970s and 1980s, including some fleeing Communist forces.

Bouakhiane came to Planeview five years ago. She didn’t have family here, but she knew of the tight-knit Laotian community. And she knew rent was cheap.

She pays $250 a month to her Laotian landlord. He has only a few properties, she says, so he can fix things quickly.

In this small Laotian community, the landlord has a reputation to uphold. You don’t want to cause a rift in the family.

It’s a small two-bedroom, shared with her two daughters. It’s different than her old home in Laos. She owned that one.

“I loved my home. But what can I do? I’m a refugee. I can’t go back,” she says through an interpreter.

She likes her new house, though.

Her backyard garden is dying now. But there was a papaya tree, cilantro, basil, eggplant, chile peppers, lemongrass.

In Laos, she sold vegetables. Here, they’re just for family.

She’s not worried about crime in Planeview.

“There’s nothing for them to take from me.”

‘Dwelling Shall Remain Vacant’

Dante Eddy, who complained to the city, was served an eviction notice for the house on Cessna Drive, which she thinks is retaliation by her landlord.

The city stepped in, sticking a large orange sign on the front door:

“HOUSING VIOLATION”

“THIS DWELLING SHALL REMAIN VACANT and not occupied until the violations have been corrected”

The house has several life and safety issues, which could lead to sickness or death if someone continues to live there, according to Tom Stolz, director of the agency that enforces city housing codes. It also has structural issues.

While waiting for the eviction hearing – the orange sign still on the door – the family remained in the house.

Teresa Phillips, the landlord, claimed in the eviction suit that Eddy didn’t pay the rent. Eddy claimed she paid the agreed-upon amount, and that the landlord did not provide adequate housing under Kansas law.

City inspectors had nine investigations this year related to code violations on five of Phillips’ properties, mostly along Cessna Drive in Planeview. Three are active, according to city data.

She owes thousands in back taxes to the county on multiple properties, according to county data. Attempts to reach Phillips were unsuccessful.

The city plans to file misdemeanor charges against Phillips for violations at the house Eddy rented, Stolz said.

Eddy didn’t have a lawyer, but she was confident things would work out.

“No matter what, we’ll have our happy ending.”

‘Heckuva big hammer’

Stolz was in the Wichita Police Department for more than 30 years, rising to deputy chief.

He’s blunt – a straight-shooter. The guy has seen it all.

Three years ago, he got a chance to lead a merger of the city and county planning departments. Part of that job is overseeing housing, including code violations.

Housing in Planeview has been a challenge. Most of the houses didn’t meet city code when they were built quickly 72 years ago.

City inspectors can’t just walk into a house they suspect violates code. Complaints have to be reported.

Stolz thinks that housing violations, specifically health and safety issues like gas leaks, are underreported in Planeview.

Part of the reason? General distrust of government and police by the population.

Why would someone complain to the government about bad plumbing that a landlord won’t fix when, for example, they could be deported?

That makes it difficult for city inspectors to hold landlords accountable.

Enforcement of housing code has become more efficient over the last three years, Stolz said, since the city has changed from two warnings to one for violations. Before, they had some housing cases that lasted years.

If the landlord doesn’t fix problems, the case goes to court.

But that isn’t always enough to deter some landlords.

“We need to figure out a way, and we haven’t done it yet, on what we do with these five, 10 or 15 slumlords we have here that have substandard housing in huge quantities and what we do to combat them,” Stolz said.

“We’ll take them to court now and the judge is pretty limited on what he can do. He can’t throw all these guys in jail. There’s no stomach to do that. So he’ll fine them and they’ll pay it and just keep going. It’s part of how they do business. I don’t have licenses I can pull. The only threat I have for landlords to keep their housing up is through municipal court. And I don’t know that that’s scaring them enough.”

City officials had preliminary talks about a rental registry, which could include free registration or licensing of some kind and inspections. But landlords said that they shouldn’t all be punished for the actions of a few bad apples.

Stolz thinks some sort of registry would solve the problem.

“That’s a heckuva big hammer to have over somebody. We have no such mechanism right now.”

But he admits that it would be a huge amount of regulation.

Officials considered creating a registry only for landlords who had a certain number of code violations. But the city legal department said that would be unequal treatment.

‘Not tooting my horn’

Rob Snyder is the King of Planeview.

But now, he wants to abdicate his throne.

Over the past 20 years, he’s bought hundreds of properties in Wichita. At one point, he owned about 11 percent of the Planeview and Hilltop neighborhoods.

So far this year, city inspectors have had 31 investigations related to code violations on Snyder’s properties across the city, most of which are now closed. Of those, six were in Planeview and 16 were in Hilltop.

Snyder has one of the highest volumes of code violation investigations in Wichita, according to city data.

There currently are 12 open investigations, two in Planeview and 10 in Hilltop.

Snyder says he is trying to help clean up the neighborhood.

“Nobody has put the money I’ve put into Planeview. Nobody.”

He cites the 27 new homes he built four years ago in the neighborhood. And the Save-A-Lot grocery store.

“That was a big shot in the arm out there.”

He mentions the boarded-up houses he’s purchased and the $6 million spent in repairs and renovations.

“That’s a fact. That’s not tooting my horn. That’s just a fact.”

There’s not a house in Planeview that shouldn’t have a violation, Snyder says.

“They are very old. They were never meant to last this long. There’s no foundations. It does provide a good stock of affordable housing that I don’t know where they would go if there wasn’t Planeview or Hilltop.”

“If you have something rent-ready, they’ll rent. So what that tells me is there’s still a demand for affordable housing.”

About three years ago, Snyder decided to start selling his properties. He isn’t selling to investors – just families, one unit at a time.

“I’m tired. I’m old. The thing about properties in Planeview is you can put money into the property but you really can’t train tenants to take care of them. It’s just not going to happen.”

Snyder has contracts on 65 duplexes he’s selling to individual people in the neighborhood, similar to a rent-to-own arrangement.

Snyder’s goal over the next two years is to sell all of his duplexes to owners who occupy them.

“I believe that will make a big, big difference. Will it fix the problem in Planeview or Hilltop? No, I don’t know if it will ever be fixed.”

‘My own house’

City leaders haven’t found a solution for Planeview in 70 years.

About 77 percent of housing there is rented, according to the Census. That’s more than twice the citywide average.

For Stolz, there’s only one way to fix Planeview: People need to buy the houses and live there.

People like Alma.

She’s part of a Hispanic population that grew from 37 percent to 53 percent from 2000 to 2010.

Alma, who didn’t want her last name published, may be the saving grace of Planeview.

77 percentPlaneview houses that are renter-occupied

35 percentAverage renter-occupancy for Wichita

Three years ago, she bought her house in Planeview for $20,000 cash.

“I always dreamed I wanted to have my own house,” she says.

A single mom of three, Alma is fixing up the house, saving up to buy one window at a time, turning the duplex built in the 1940s into a single-family home.

Her neighbors are doing the same thing. Houses in Planeview are still better than many in Mexico, she says.

“Where I came from, you had to carry buckets of water.”

She worries about crime in the neighborhood. And she sees people drive into Planeview and dump their trash.

“They believe Planeview is a trashcan.”

Alma moved to Wichita from Mexico in 1996 because her husband’s family was here. And for 12 years, the family rented in Planeview.

Rent was $325 a month. There were sewer and maintenance problems.

She wants to see more city cleanup days.

And she wants to see more code enforcement by the city for the rentals around the home she is trying to save.

Broader attempts over 25 years to save Planeview haven’t worked, Stolz said.

Buying up properties and building new would be a risky move for developers since surrounding property values are so low, he says. Mass removal of people from the dilapidated houses isn’t a viable option, either.

“If we simply go in and start removing people from houses, you’re going to increase the live-under-the-bridge population,” Stoltz said. “Nobody is interested in doing that. At the same time you don’t want people to live in squalor, either.”

“I don’t think people want government coming in and razing neighborhoods,” he said. “And I think taxpayers would have a problem with that. In the state of Kansas, there’s a lot of property rights.”

Now is the time for the city – and the community – to fix Planeview, he said.

“We shouldn’t just allow an area of a city to continue to suffer like this. It’s a political issue. It’s going to take developers, banks, city government officials, county government officials. We’re going to have to sit around a table and say ‘What do we do?’”

‘We’re going to be good’

Dante Eddy couldn’t get a lawyer to take her eviction case, so she represented herself in the 18th District Court.

The judge did not rule in her favor.

She had to leave the house by the end of the week. The eviction could affect her ability to rent in the future.

But for now, she and her sons have found a new place.

“We’re going to be good,” she says.

The new apartment is in Planeview.

Deadly day cares: Lax regulation blamed in child deaths

The Wichita Eagle, Aug. 13, 2016

http://www.kansas.com/news/local/article95526932.html

By Kelsey Ryan

 

Within his first week at Karin’s Kids day care, 5-month-old Bryce Mosier had severe diaper rash.

He had sat for hours in a wet diaper after playing in a swimming pool. Another time, his mom came to pick him up and found him asleep on his stomach, despite instructions to lay him on his back – a basic safe-sleep practice.

His parents, Tina Williams and Brock Mosier, thought about using another day care.

But family members had recommended Karin’s Kids, operated by Karin Patterson. They decided to give Patterson one more try because Bryce had only been there a few weeks.

Tina Williams remembers that last morning clearly.

Bryce gibber-jabbered in his bouncy chair as Tina got ready for work. Brock was still asleep.

When they got to day care, Tina gave Bryce a kiss.

“I love you, Beans,” she said – his nickname because Tina ate so many burritos while pregnant.

Later that day, Patterson put Bryce down for a nap. He was on his stomach on a doubled-over Pokemon sleeping bag.

He never woke up.

Only after Bryce’s death did his parents learn that state inspectors had questioned Patterson’s ability to care for children.

Bryce’s parents – and the parents of other children who have died or been injured in Kansas day cares – say the state needs to do more to protect children. Among their concerns:

▪ Home day care providers are required to report deaths, but not injuries. The state has no idea how many children are injured in day cares each year.

▪ A 2010 state law required the state health department to establish an online database of child care providers with information about complaints. But inspection reports of day care providers are difficult for parents to find online, the links are incorrect, and complaints and inspection findings are not detailed.

▪ Day care providers are not required to have insurance under Kansas child care law, nor are they required to tell parents that they have no insurance.

▪ The number of inspectors has gone from 112 to 90 in the past four years, according to the state.

▪ The state has no estimate of the number of day cares that are unlicensed – or who operates them. People who watch more than two children are supposed to be licensed and undergo training and inspections. But the state has no penalty for those who don’t.

YOU WOULDN’T LET SOMEBODY OPEN A BINGO PARLOR AND NOT BE REGULATED BY THE STATE.

Sen. Laura Kelly, D-Topeka

“You wouldn’t let somebody open a Bingo parlor and not be regulated by the state,” said Sen. Laura Kelly, D-Topeka. “So it really is not right that we would allow somebody to open up a day care facility and not be subject to a penalty should they not be licensed.”

‘Royal battle’

Bryce is one of 45 children who died in Kansas day cares from 2007 to 2015, according to the Kansas Department of Health and Environment.

More than half of those deaths were in licensed day care homes regulated by the state – day cares like Karin’s Kids.

So far this year, the state health department has investigated two child day care deaths in unlicensed day care homes, including a 3-year-old girl who drowned in Wichita in June.

Kelly said it is time for the Legislature to revisit the child care law.

In 2010, she championed Lexie’s Law, named for 13-month-old Lexie Engelman, who died from injuries at a Johnson County day care in 2004. The law was the first major change to the state’s child care standards in more than three decades.

It required all licensed day cares to have an annual inspection, additional health and safety training related to SIDS and safe sleep, child development, CPR and first aid. Lexie’s Law also eliminated an entire category of day care providers – “registered” day cares, which could care for up to six children but were inspected only in response to complaints.

“It’s been in effect long enough now we know what’s working and we can also find out what’s not working,” Kelly said.

5,700The number of licensed child care providers in Kansas. The majority (4,300) are home day cares that serve about 47,000 children.

Kelly said she worries that state cuts to local health departments, which do most of the inspections, don’t give them the resources to have investigative units and can only respond to crises.

She also wants inspection information online where parents can easily find it.

“I really wanted to be able to provide more information and really help parents in decision making. I was disappointed that even if they were doing it right, it still wasn’t robust enough,” Kelly said.

“The ability of parents to access good information, and the ability of our contracted health departments to roust out unlicensed providers, with teeth – to put a penalty on that – those are some things I’d like to see if we address this issue again,” she said.

State law requires a license for anyone who cares for one or two children who are not related to them for more than a combined total of 20 hours a week, or if they watch more than two children who are not related to them. Licenses aren’t required if children are watched in their own homes.

But Kelly is concerned that there is no state penalty for those who choose not to become licensed. Individual counties can determine a penalty, if any, and it’s not clear if those are enforced only after an incident has occurred.

LICENSED DAY CARE PROVIDERS ARE INSPECTED ONCE A YEAR OR WHEN THERE’S A COMPLAINT.

With the recent primary election results, which sawmoderate Republicans gain seats in the Legislature, Kelly said there may be support to strengthen the law.

In 2010, when Lexie’s Law was being debated, many of those opposed were small-government advocates who said regulating day cares would create a literal nanny state, she said.

It was a “royal battle” to get the law passed, she said.

“They’d throw the cloak of small business, that we were going to be ‘putting these people out of business’ or that we’re ‘going to deplete child care access,’ ” Kelly said.

“The other thing was this ‘all in the family’ thing – that families should have total control. If Grandma wanted to have 14 kids in her house, we shouldn’t be concerned with that. ‘She knows best.’ 

‘Recommend enforcement’

When a Wichita police officer called Tina Williams, Bryce Mosier’s mother, that afternoon to ask questions about what happened at Karin’s Kids on Aug. 4, 2011, Williams had no idea what he was talking about.

No one had told her that her son was in the hospital, she said, and that they were trying to resuscitate him.

Eventually, the family discovered details about Bryce’s death, including that he died on his stomach – an unsafe position for sleeping.

The family filed a request to the state under the Kansas Open Records Act and paid $100 for Karin Patterson’s inspection reports.

The state had more than 270 pages of documents revealing that Patterson had been convicted of attempted possession of cocaine in the 1980s, which was later expunged from her record; that she had left a sleeping infant in a van on a hot August day while she went to a garage sale; and that she had children sleeping in a basement utility room with a water heater, suitcases and a dog cage.

One report said: “RECOMMEND ENFORCEMENT ACTION BEFORE THESE CHILDREN ARE MORE NEGLECTED!”

In 2003, the state tried to revoke Patterson’s license for her previous cocaine charge, but she appealed.

Patterson did not return calls and messages seeking comment for this story.

Bryce’s parents think Patterson should not have been allowed to continue to watch children based on what was in the reports.

“Why is something so important almost hidden? And so difficult to get to? For somebody to have all that information and the state to still allow her to watch kids – I think the state messed up big,” said Brock Mosier.

Had they known that information before Bryce’s death, they would never have taken him there, his parents said.

“As a parent, you should be able to be as informed as possible before you make these huge decisions on who is watching your children,” said Bryce’s mom, Tina Williams.

Bryce’s parents have lobbied the state to make inspection records and complaints easier to find and to strengthen regulations.

Those changes could help save more kids like Bryce, they said.

“If there is something in a day care provider’s background that could reasonably make a parent say, ‘I’m not leaving my child alone with this person,’ then the law should require, at minimum, that the parent have this information without having to go dig for it,” said Blake Shuart, an attorney at Hutton and Hutton, who represented Bryce’s family and several other families of children who have died or been injured in day cares.

“Our Legislature and executive branch will stop at nothing to protect the futures of unborn children, but it’s about time they place equal priority on the futures of those who have already left the womb,” Shuart said.

In May, the state began to post the results of complaint-based inspections on its website, which were not previously available, said Lori Steelman, child care licensing program director for the Kansas Department of Health and Environment.

Parents who are able to find the search form on the website can see one-sentence descriptions of the findings. Details of the complaint and the investigation aren’t available. The reports go back only three years.

Steelman said parents can submit open records requests for the findings of any inspection, and the department will attempt to send them the information electronically at no charge.

‘Underlying thorn’

After Bryce’s death in 2011, the state restricted Patterson’s license so she could not care for children younger than 18 months.

“At the time, when we would get online, (Bryce’s) death was listed as an ‘incident’ that ‘needed corrected.’ That doesn’t give a parent looking into a day care real information,” said Bryce’s mom, Tina Williams.

Then the family found out that Patterson had been granted an exception allowing her to care for an infant.

To settle a lawsuit filed by the family, Patterson later admitted to negligence in Bryce’s death and agreed to never operate a day care again.

Patterson had no insurance for her day care. Ultimately she paid $2,000 to put a bench at Bryce’s grave.

Nearly five years after his death, losing Bryce is still “an underlying thorn that never goes away,” said Brock Mosier.

After Bryce died, Mosier and Williams had a daughter, Sophia. They later divorced.

“It’s a daily struggle,” Williams said. “His birthday and anniversary of his death are always really difficult. I didn’t have him for Christmas, so I don’t have a memory of that. But he was alive during Easter, and Mother’s Day and Fourth of July, and those are the holidays that are the hardest.”

Most people don’t know how to talk to someone who has lost a child, Williams said.

“They’re afraid to ask questions,” she said. “And I love to talk about him. I make sure that there’s pictures of him all over my house, and Sophia, his sister, knows who he is and she talks about him.

“Any time she has a balloon and she lets it go outside, she says, ‘Well, I guess Bryce needed it more.’ 

Kelsey Ryan: 316-269-6752, @kelsey_ryan

 

RESEARCHING DAY CARE PROVIDERS

To find information about licensed day care providers: kscapportalp.dcf.ks.gov/oids/Default.aspx

To file an open records request with the Kansas Department of Health and Environment for the complete files related to a licensed day care provider, contact Michael Smith, KORA officer, at 785-296-1333 or KORA_Officer@kdheks.gov.

Requests also can be mailed to: Kansas Department of Health and Environment, Office of Legal Services, 1000 SW Jackson Street, Suite 560, Topeka, KS 66612.