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10-15-2018 Minutes CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS October 15,2018 4:00 p.m. The City Commission convened at 2:30 p.m. for Fire Station #4 Needs Assessment at Fire Station #4, 669 Briarcliff and at 3:45 p.m. for Citizens Forum at City-County Building, Room 107B. The Regular Meeting of the Board of Commissioners was called to order at 4:00 p.m. in Room 107, City-County Building. Roll call was taken followed by the Pledge of Allegiance and a moment of silence. Those present and comprising a quorum: Mayor Karl F. Ryan (presiding), Commissioners Trent Davis,Joe Hay,Jr.,Melissa Rose Hodges, and Mike Hoppock. Also present: Michael Schrage, Interim City Manager; Greg Bengtson, City Attorney; and Shandi Wicks, City Clerk. AWARDS AND PROCLAMATIONS None. CITIZENS FORUM Bruce Moore, 142 Seitz Drive, provided his thoughts on the actions of Mr. Schrage regarding the personnel matter of Vanessa Cowie and contacting his employer. He continued to provide information on the volunteers of the Salina Animal Shelter and the actions of Chris Cotten. Nicole Krob, 231 S. Clark, asked for an update on the timeline for the Salina Animal Shelter moving from under Parks & Recreation and continued to discuss the animal cruelty case. A conversation ensued between Ms. Krob and Michael Schrage, Interim City Manager. Deborah Corrales, 124 E. Charlotte, asked who raised the grant funds for the animal shelter and who handled grievances. Ms. Corrales also stated that Mr. Schrage was seen taking department directors to lunch after the resignation of the animal services supervisor. David Norlin, 608 E. Republic, provided his thoughts on the issue of transparency and the censure of Mr. Blanchard. He continued to provide information on the recent vote to suspend rules of small campaign signs on city right-of-way due to a new law passed by the legislature last session. A conversation continued between Mr. Norlin, Michael Schrage, Interim City Manager, Lauren Driscoll, Director of Community & Development Services, and Greg Bengtson, City Attorney,regarding political signs in the right-of-way. Patrick Harrington, 606 Washington, provided his thoughts on the transparency of the meeting and stated it would be helpful for the meetings to be changed to 6:00 p.m. twice a month. He continued to provide his thoughts on Salina 2020 and the downtown project. Michael Schrage, Interim City Manager, stated the study session topic next week would be changed and would start at either 2:00 p.m. or 2:30 p.m. to discuss the downtown project. Commissioner Hodges stated she had a list of Salina 2020 members she will post to her Facebook page and possibly review at the study session next week. Brian Frazier, 512 S. Eighth Street, President of Salina NAACP, stated the Salina NAACP had the privilege to host the Kansas NAACP Conference in Salina last week, and provided additional information on those in attendance at the conference. He continued to provide Page 1 additional information on the upcoming election. Marcie Moberly,300 E. Wayne Avenue, discussed the Kansas Open Public Records Request she submitted, retaliation of staff, marks on foster dog and the need for an investigation of the City of Salina departments and City management. w Commissioner Hodges asked if our records were on the computer at animal services. Michael Schrage, Interim City Manager, stated there were some documents that were computerized. He continued to state staff was searching through two (2) boxes for the intake form and he informed staff to quit searching for the document until staff could identify if the requestor would like the information. U Commissioner Hodges stated she would cover the cost of the retrieval fee to locate the form. She continued to state we have retaliated against Maggie Gillam and her family's business,Judge Moore and Ms. Moberly in different ways. Commissioner Hodges asked at what point were we going to commit to a third party investigation of the situation or are we going to acknowledge that we're not interested in doing it. She continued by stating she would like to add to it the agenda for a discussion item in a few weeks. Mr. Schrage stated if it was a third party investigation, it would be a decision of the Governing Body and would take little of his time but to assist the Governing Body in finding someone to conduct that investigation. Commissioner Hodges asked if she could make a motion to hire a third party entity to give a post mortem on the animal seizure, the timelines, who knew what when and a review of the processes. Mayor Ryan stated Commissioner Hodges could bring it up under other business and continued by providing his thoughts on her request. Ms. Moberly provided information on the differences of the computerized and paper form. Mr. Schrage provided information on the request. Commissioner Davis asked if the matter could be discussed under other business. Daniel Eckhoff, 2664 Highland Avenue, wanted to show his frustration on the lack of transparency of the Governing Body. He continued to thank Commissioner Hodges for her conversation. He further continued to provide his thoughts on the overhead structures for the downtown project. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME None. CONSENT AGENDA (6.1) Approve the minutes of October 8, 2018. 18-0424 Moved by Commissioner Hay, seconded by Commissioner Davis, to approve the consent agenda as presented. Aye: (3). Nay: (0). Motion carried. ADMINISTRATION (7.1) Award of contract for City of Salina Project No. 80023, Parking Lot, 127 N. 5th Street. Jim Kowach, Director of Public Works, explained the project, bids received, fiscal impact and action options. Michael Schrage, Interim City Manager, explained the status of the New Market Tax Credit Page 2 financing and securing the legal rights of the property. Commissioner Hoppock asked who was drawing up the lease. Mr. Schrage stated Dan Klaff, New Market Tax Credit Counsel, was the lead in developing the lease; Todd Luckman, outside Counsel would review the document on behalf of the City of Salina and Syd Reitz, would review the document on behalf of the Salina Regional Health Foundation would work together to draw up the lease. y Commissioner Hoppock asked if the document would be drafted for next week. Mr. Schrage stated yes, he was not as concerned with the lease but getting on the New Market Tax Credit calendar for closing. U Commissioner Hodges asked for clarification on the $1.625 million and the $700,000. Mr. Schrage stated the$700,000 would be in New Market Tax Credit money. Commissioner Hodges asked if there would be any savings to gain by working all 3 parking lots at the same time. Mr. Schrage stated if we miss the deadline of the end of the year we lose the opportunity of the$700,000. A conversation ensued between Commissioner Hodges and Mr. Schrage regarding the work of the 3 parking lots. Commissioner Hodges thanked staff for their work on the item. Commissioner Hodges asked what the role of the BID Design Review Board was. Mr. Schrage stated the design review board guidelines were more focused at structures and buildings and in the downtown the expectation was the lots would be 100% filled with buildings. He continued by stating the question had come up before whether landscaping and site work were subject to the design review board. He further stated it was error on staffs part to not take the item to the design review board prior to the City Commission action. Jon Blanchard, 1117 State Street, asked where the $2.7 million dollars of the New Market Tax Credits went. Mr. Schrage stated the bulk of the money went to the fieldhouse (the $9 million split $4.5 million public and $4.5 million private and $2 million), he also stated the balance remaining was $700,000. A conversation ensued between Mr. Schrage and Mr. Blanchard regarding the New Market Tax Credit financing and the STAR Bond financing. Mr. Blanchard asked if the other two parking lots would be reconstructed and reconfigured like they were presented to the public in earlier plans and when were they going to be done. Mr. Schrage responded by stating the contract before the City Commission today did not include the two lots to the south, but the construction of the Bank of America parking lot would connect with the first lot to the south and it would leave remaining lot to the south to be connected to the rest of the parking lots. Mr. Blanchard continued to provide his thought on the downtown project. Commissioner Davis stated the change was necessary to ensure the medical and dental schools could utilize the spaces during the daytime and allow usage for the fieldhouse in the evening. Commissioner Hodges asked if the commission would be presented the lease. Mr. Schrage stated yes, under the Qualified Active Low Income Business, Inc. Page 3 18-0425 Moved by Commissioner Davis, seconded by Commissioner Hoppock, to award City of Salina Project No. 80023, Parking Lot, 127 N. 5th Street to Vogts Parga Construction, LLC of Newton, Kansas in the amount of $444,070.07 plus a $55,929.93 (12.6%) construction contingency and direct the Mayor and City Clerk to withhold their signatures on the construction contract until the City has secured legal rights to the subject parking lot, as determined by the City Manager and change w the completion date from December 15, 2018 to December 31. 2018. Aye: (4). Nay: (1) Hodges. Motion carried. N Commissioner Hodges asked if Item 7.3 could be placed on the agenda before Item 7.2. Greg Bengtson, City Attorney, stated the motion would anticipate going back to Item 7.2 at the same meeting. 18-0426 Moved by Commissioner Hodges, to table Item 7.2 and move forward Item 7.3. Motion died due to lack of second. (7.2) Reconsideration of sanction of former Commissioner Blanchard. Michael Schrage, Interim City Manager, provided an overview of the documents and the history of the matter. Commissioner Hodges asked if former employees were protected by KOMA and would receive the same non-elected personnel protections as they would receive while they were employees of the City of Salina and asked if outside contracting agencies receive the non- elected personnel protections. Mr. Schrage stated the engagement of Anna Krstulic was for a specific item only and she was not retained for this item. He continued to state the City Commission was currently without legal counsel and City Commission would need to engage additional outside counsel if the City Commission would like to go into executive session. A conversation ensued between the Commission and Mr. Schrage regarding the reconsideration of the sanction and the KOMA rules. Greg Bengtson, City Attorney, asked if he could have a brief conversation with Ms. Anna Krstulic. The City Commission recessed at 5:48 p.m. for a 5 minute break. The meeting resumed at 5:53 p.m. Mr. Bengtson stated as for Clark, Mize and Linville, there were no protections and he did not know where the line was for a former employee protection. Mr. Schrage clarified by stating attorney-client privilege still remained and stated staff could not recommend entertaining Ms. Anna Krstulic to represent the commission. Commissioner Hay stated he had been through the document several times and provided his thoughts on the matter. Commissioner Hodges asked did the Commission at that time; take action specifically to redact those documents prior to their release. Mr. Schrage stated depending on the document it could depend and need to be discussed in executive session. Commissioner Hodges provided her thoughts on the redaction of the documents. Mr. Schrage stated as the Freedom of Information Officer, the city manager would process those requests with assistance of legal counsel. He continued to state it was normal practice Page 4 of the city manager to fulfill open records requests on a regular basis. 111 Commissioner Hodges asked if the City Commission was aware of the request and were the redactions ran through the City Commission to make them aware of the request. Mr. Schrage stated he would have to research the question to provide a more accurate answer. Commissioner Davis provided his thoughts on the redaction of the documents, the sanction of former Commissioner Blanchard and the ethics policy. Commissioner Hoppock provided his thoughts on the redaction of the documents. 4 Mr. Schrage stated at the time the response to the Kansas Open Request was distributed, it 3 was distributed to the City Commission with the redactions noted in the email. Mr. Bengtson stated he had no role as a legal standpoint in the conversation but hoped it was appropriate for his fact checking on the communication of the documents to the City Commission. He continued to state the redacted letters were provided in response to the request and not the un-redacted letters. Joan Ratzlaff, Salina, provided her thoughts on the openness of documents and information to the public. Greg Stephens, Salina, provided his thoughts on the redacted letters and the Chamber of Commerce funding elections. Commissioner Hoppock asked Mr.Stephens where he got his proof that the Chamber of Commerce was funding elections. A conversation ensued between Mr. Stephens and Commissioner Hoppock regarding the actions of the Chamber of Commerce and redacted letters. Jon Blanchard, 1117 State Street, asked if Commissioner Hoppock was aware of what was in the 2012 Steering Committee Plan. Commissioner Hoppock stated he did not; he was not on the commission at that time. Mr. Blanchard continued to provide information regarding the 2012 Steering Committee Plan, the letters in question, the ethics policy and conflicts of interest. A conversation ensued between Mr. Blanchard and the City Commission regarding conflicts of interests, the records in question and the ethics policy. Mr. Blanchard asked who wrote the November 18, 2014 letter. Mr. Schrage stated it was at the request of the City Commission and was signed by the City Commission. He continued to state he did not write the letter. Mr. Bengtson stated he was the scrivener of the letter. A conversation ensued between Mr. Blanchard, Mr. Schrage and Mr. Bengtson regarding the drafting of the letter and the intent of the letter. Mr. Blanchard continued to provide his thoughts on the open record requests and the letters. Mr. Schrage stated email was not part of his review for compiling the documents for this item. Marcie Moberly, 300 E. Wayne Avenue, provided her thoughts on the matter, access to open records and the need for new commissioners or a lot of public outcry. Commissioner Davis provided information on how the business of the City of Salina was handled and the role of the City Commission. A conversation ensued between the Commission and Ms. Moberly regarding the matter and the business of the City of Salina. Joan Ratzlaff, Salina, provided her thoughts on the reprimand of Mr. Blanchard. A Page 5 conversation ensued between the Commission and Ms. Ratzlaff regarding the reprimand of Mr. Blanchard. Ms. Ratzlaff asked the City Commission to set by example more openness and better education of KOMA, KORA and the ethics policy. Mayor Ryan stated he was open with citizen consideration at the podium. Commissioner Hodges quoted phrases from the City of Salina ethics policy and provided her thoughts on the release of the letters between the City of Salina and the Salina Area N Chamber of Commerce. Mr. Blanchard asked that rather than deliberate or move on resending the ethics violation, someone make a motion to reaffirm the violation or otherwise let it sunset. 18-0427 Moved by Commissioner Hodges to reaffirm the censure of former Commissioner Jon Blanchard. Motion died due to lack of second. (7.3) Consideration of Kansas Open Records Request. Michael Schrage, Interim City Manager, explained the Kansas Open Records Request and the timeline for the item. Ann Krstulic, Attorney with Stinson, Leonard, Street, LLP, explained the Kansas Open Records Act (KORA), the process she went through and the redacted invoices. Commissioner Hodges thanked Ms. Krstulic for coming to Salina and staying for the duration of the meeting. She continued to state she had asked to have access to Ms. Krstulic 111 to ask questions and it was city staff that did not allow for the request. Commissioner Hodges asked if the letter transmitted on January 22nd was a draft letter. Ms. Krstulic stated she sent a draft letter on January 22nd and the final product was received on January 30th but was dated January 22nd. Mr. Schrage stated as of January 26th there were still questions Ms. Krstulic was researching. Commissioner Hodges asked if there were changes to the letter between January 22, 2018 and January 30, 2018. Ms. Krstulic stated she did make changes to the letter simply on how she had written the letter. Commissioner Hodges stated from her research there were differences in attorney-client privilege in the public sector versus private sector. Ms. Krstulic stated the privileges were somewhat the same and there were still attorney-client privileges in the public sector. Jon Blanchard, 1117 State Street, provided information on the request for a second opinion of the matter, the redacted form of the invoices and the case law Ms. Krstulic referenced. Ms. Krstulic provided information on the case law and the redaction of the invoices. Mr. Blanchard asked if anytime an associate of a law firm would perform legal analysis of a document could attorney-client privilege be claimed. Greg Bengtson, City Attorney, stated at the request of the records custodian, the analysis and any advice given would be privileged but would not be the actual request for the documents. Mr. Blanchard stated the role of the government attorney was significantly different than the role of a private sector attorney and provided his concerns regarding the document. Mr. Blanchard asked if was it customary for an attorney to give a second opinion and have the attorney you were providing the opinion of present the information. Commissioner Hodges stated we continue to put Mr. Bengtson in an awkward position and Page 6 stated when she asked if Ms. Krstulic would be available after the City Commission 1 received the memorandum for questions, she was told no she was not. She further read from her response to the attorney general request and the position Mr. Bengtson continued to get put into. Mr. Bengtson stated this matter was discussed at the June 25th meeting and - summarized what happened. w Mr. Blanchard continued to provide information on his KORA request and the decision made by the City Commission. C N - Mr. Bengtson asked if the City Commission could take a short break to consult with Ms. 1 Krstulic. 8 The City Commission recessed at 8:13 p.m. for a 7 minute break. The meeting resumed at 8:20 p.m. Mr. Schrage stated as the current freedom of information officer, and asked to provide a document; he would have not considered a draft of the document. He further stated he was comfortable with disclosing there was a draft letter since Mr. Gage had done so in his memorandum. Mr. Bengtson thanked Ms. Krstulic for coming and stated it was helpful for him to consult with Ms. Krstulic on the matter. He continued to speak to the chronology of the events without waiving the privilege. Commissioner Hay asked how many drafts there were total. Ms. Krstulic stated two (2) drafts and one (1) final. 1 Mr. Bengtson continued to provide information pertaining to the KORA request of Jon Blanchard dated June 19, 2018. Mr. Schrage stated the one item that could be released was the redacted invoice and the remainder would be retained through attorney-client privilege. 18-0428 Moved by Commissioner Davis, seconded by Commissioner Hoppock, to maintain the attorney- client privilege on the communications and redact the invoices. Aye: (4). Nay: (1) Hodges. Motion carried. DEVELOPMENT BUSINESS • None. OTHER BUSINESS 18-0429 Moved by Commissioner Davis, seconded by Commissioner Hoppock, to recess into executive session for 7 minutes to discuss a non-elected employee's performance and status based upon the need to discuss personnel matters of non-elected personnel, pursuant to K.S.A. 75-4319(b)(1). The open meeting will resume in this room at 8:45 p.m. Aye: (5). Nay: (0). Motion carried. The City Commission recessed into executive session at 8:38 p.m. and reconvened at 8:45 p.m. No action was taken. ,18-0430 Moved by Commissioner Davis, seconded by Commissioner Hoppock, to extend the current executive session for an additional 10 minutes. Aye: (5). Nay: (0). Motion carried. The City Commission recessed into executive session at 8:47 p.m. and reconvened at 8:57 Page 7 • p.m. No action was taken. ADJOURNMENT 18-0$31 Moved by Commissioner Hoppock, seconded by Commissioner Davis, that the regular meeting of the Board of City Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The meeting w adjourned at 8:58 p.m. N 3 [SEAL] Karl F. Ryan, Mayor ATToE�ST , q Allison Strait, Deputy City Clerk e • 1 Page 8