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07-29-2013 Special Meeting MinutesCITY OF SALINA, KANSAS SPECIAL MEETING OF THE BOARD OF COMMISSIONERS July 29, 2013 „ 6:00 p.m. w The Special Meeting of the Board of Commissioners was called to order at 6:00 p.m. in Room 107, City -County Building. A roll call was taken followed by the Pledge of Allegiance and a A moment of silence. ' Those present and comprising a quorum: Mayor Barbara V. Shirley (presiding), Commissioners Jon R. Blanchard, Kaye J. Crawford, Randall R. Hardy, and Aaron Householter. Also present. Jason A. Gage, City Manager; Greg Bengtson, City Attorney; and Lieu Ann Elsey, City Clerk. ADMINISTRATION (3.1) Health Department Settlement Agreement and Release with Saline County. Greg Bengtson, City Attorney, requested an executive session. 13-0254 Moved by Commissioner Blanchard, seconded by Commissioner Householter, to recess into executive session for 10 minutes to discuss with legal counsel matters subject to the attorney- client privilege for the reason that public discussion of those matters would waive the privilege and adversely affect the City's interest in the matters and reconvene at 6:12 p.m. Aye: (5). Nay: (0). Motion carried. The City Commission recessed into executive session at 6:04 p.m. and reconvened at 6:16 p.m. 13-0255 Moved by Commissioner Blanchard, seconded by Commissioner Householter, to extend the current executive session for an additional ten minutes and reconvene at 6:27 p.m. Aye; (5). Nay: (0). Motion carried. The City Commission reconvened at 6:27 p.m. 13-0256 Moved by Commissioner Householter, seconded by Commission Crawford, to lay Item 3.1 on the table. Aye: (5). Nay: (0). Yvonne Gibbons, Health Department Director, expressed her appreciation for the City Commission support, county and city proposals, and the need for a joint health department. Loralee Tibbetts, 1431 Austin Circle, provided information to the City Commission regarding the increase cost to the Health Department's employees and tax payers on their health insurance benefits if they have to switch to Saline County's coverage. A discussion followed between Commissioner Householter, Mayor Shirley, Commissioner Hardy, and Ms. Tibbets regarding the cost and concerns. Dr. John Adams, Board of Health, expressed his concerns of program cuts. Commissioner Householter responded to Dr. Adams' concern feeling that the Saline County Commissioners were using the issue for political gain. Commissioner Householter continued to express his concerns with spending more on the repairs of the existing structure. Rob Freelove, 835 Highland, expressed his support for a joint partnership and the importance ' of maintaining the current functionality of the health department. Tracey Sin, 3401/2 S. Connecticut, expressed his concerns of the existing structure and felt that the original builder should come back to the community to rebuild the building at no charge. Glen Engelland, 2864 Halstead Road, expressed the importance of maintaining the services and health board structure. John Roudybush, 2136 W. North Street, expressed the need of securing the roof and reopening the health department before the end of the year. He continued to state that the building inspection should have been done correctly the first time and the City needed to follow the Memorandum of Understanding that is in place, and rumors of demolishing the building. Page I Commissioner Hardy commented that he wanted to do what is best for the community and wanted to be mindful by looking into the future needs and possibly a regional health department. Mayor Shirley concurred with Commissioner Hardy. Mr. Gage noted that they had been approached by local attorneys that offered to provide mediation services. He continued to explain the negotiations and proposals placed. 13-0257 Moved by Commissioner Householter, seconded by Commissioner Crawford, to remove Item 3.1 from the table. Aye: (5). Nay: (0). Motion carried. 13-0258 Moved by Commissioner Blanchard, seconded by Commissioner Householter, to recess into executive session for 15 minutes to discuss with legal counsel matters subject to the attorney- client privilege for the reason that public discussion of those matters would waive the privilege and adversely affect the City's interest in the matters and reconvene at 8:05p.m. Aye: (5). Nay: (0). Motion carried. The City Commission recessed into executive session at 7:40 p.m. and reconvened at 8:08 p.m. Page 2 Commissioner Householter disagreed with Mr. Roudybush's interpretation of the Memorandum of Understanding, and felt that the City has made generous offers to Saline County. Commissioner Hardy and Jason Gage, City Manager, responded to Mr. Roudybush's concerns d of demolishing the building. w q Commissioner Crawford expressed the need to move forward and get an agreement with the County so both entities are involved with running the health department. Stephanie Wolf, Health Department, expressed her support for a joint partnership and ' concerns with loss of programs if an agreement is not met. Lanay Meier, 2242 Huntington Road, suggested that the two governing bodies use a mediator to help with the discussions and come up with a solution. Commissioner Householter expressed his frustration with the amount of time that has been spent on the issue. Ray Hruska, 235 N. Santa Fe Avenue, felt that Commissioner Householter has been out of line with his comments, and needs to stay focused on the issue. Commissioner Householter responded. Tracey Sin, 340 1/2 S. Connecticut, reminded the Commission to keep in mind of how this will affect the community. Commissioner Hardy commented on the City- County relationship and cannot understand why they could not resolve the issue. Commissioner Householter expressed his frustration that the City has presented options to the County and they have received nothing but negative input; the governing bodies need to do what is right for the community. Mona Hargrave, 704 S. 10th, thanked the Commission for all they have tried to do and expressed her concerns regarding the increased cost to the employees. ' Loren Banninger, 2078 Leland Way, questioned why both governing bodies could not meet in an open forum to discuss the issue. Commissioner Householter responded. Bill Cumberland, 612 Post Oak Lane, felt that this was not just a building issue, but also an issue that affects the employees; the governing bodies needed to do the right thing for the community. Commissioner Blanchard expressed his appreciation for the input. He continued to state that City staff was given the direction by the Commission to prepare the resolution to dissolve the joint Board of Health; however, ultimately it is the City Commissions goals to keep the health department together. Ray Hruska, 235 N. Santa Fe, commented on the amended agenda. Commissioner Hardy commented that he wanted to do what is best for the community and wanted to be mindful by looking into the future needs and possibly a regional health department. Mayor Shirley concurred with Commissioner Hardy. Mr. Gage noted that they had been approached by local attorneys that offered to provide mediation services. He continued to explain the negotiations and proposals placed. 13-0257 Moved by Commissioner Householter, seconded by Commissioner Crawford, to remove Item 3.1 from the table. Aye: (5). Nay: (0). Motion carried. 13-0258 Moved by Commissioner Blanchard, seconded by Commissioner Householter, to recess into executive session for 15 minutes to discuss with legal counsel matters subject to the attorney- client privilege for the reason that public discussion of those matters would waive the privilege and adversely affect the City's interest in the matters and reconvene at 8:05p.m. Aye: (5). Nay: (0). Motion carried. The City Commission recessed into executive session at 7:40 p.m. and reconvened at 8:08 p.m. Page 2 13-0259 Moved by Commissioner Blanchard, seconded by Commissioner Householter, to extend the current executive session for an additional ten minutes and reconvene at 8:18 p.m. Aye: (5). Nay: (0). Motion carried. N The City Commission recessed into executive session at 8:09 p.m. and reconvened at w 8:26 p.m. 13-Oif)O Moved by Commissioner Blanchard, seconded by Commissioner Householter, to extend the current executive session for an additional 10 minutes and reconvene at 8:37 p.m. Aye: (5). ' Nay: (0). Motion carried. 3 The City Commission recessed into executive session at 8:26 p.m. and reconvened at 8:47 p.m. 7 13-0261 Moved by Commissioner Blanchard, seconded by Commissioner Householter, to extend the current executive session for an additional 10 minutes and reconvene at 8:57 p.m. Aye: (5). Nay: (0). Motion carried. The City Commission recessed at 8:47 p.m. and reconvened at 9:00 p.m. City Attorney Greg Bengtson commented on the utilization of the health department reserve funds, City's participation funds, and suggested the City Commission provided direction on how to move forward. 13-0262 Moved by Commission Blanchard, seconded by Commissioner Householter, to authorize the city attorney to forward a proposal to County Commission with the desire to put an agreement together contingent upon the health department staying intact provided that: the City of Salina will fund $500,000 for the roof repair of the building; the City of Salina will release Dr. Pikul to contract with Saline County for engineering services without waiving any privilege that attached Dr. Pikul's engagement by and related work on behalf of the City of Salina; Saline County would release and indemnify the City of Salina for the current condition of the building and release of any claims, that $500,000 from the Health Department reserve funds be used for renovation purposes, future maintenance to be part of the Health Department budget, and to work towards a future interlocal agreement with Saline County. Aye: (5). Nay: (0). Motion carried. OTHER BUSINESS None. ADJOURNMENT 13-0263 Moved by Commissioner Householter, seconded by Commissioner Blanchard, that the regular meeting of the Board of City Commissioners be adjourned. Aye: (5 y: (0). Motion carried. The meeting adjourned at 9:10 p.m. [SEAL] Aaron Householter, Vice -mayor ATT Lieu Ann Elsey, CMC ity Clerk Page 3