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09-30-2019 Minutes (Special) CITY OF SALINA,KANSAS SPECIAL MEETING OF THE BOARD OF COMMISSIONERS September 30,2019 2:30 p.m. inn The Special Meeting of the Board of Commissioners was called to order at 2:30 p.m. in Room 107, City-County Building. Roll call was taken. Those present and comprising a quorum: Mayor Trent Davis (presiding), Commissioners, Joe Hay,Jr., Melissa Rose Hodges, Mike Hoppock, and Karl Ryan. Also present: Michael Schrage, City Manager; Greg Bengtson, City Attorney; Jacob Wood, Deputy City Manager; and Allison Hamm, Deputy City Clerk. Mayor Davis asked the Clerk for verification that notice had been sent for today's City Commission meeting. The Clerk replied yes. ADMINISTRATION (3.1) Request for attorney-client privileged executive session with environmental counsel for the Salina Public Entities and the City's legal counsel regarding the subject of matters relating to scheduled mediation in the context of pending litigation in U.S. District Court relating to the former Schilling Air Force Base environmental matter. I move the city commission recess into executive session for _ minutes to discuss the subject of matters relating to scheduled mediation in the context of pending litigation in U.S. District Court relating to the former Schilling Air Force Base environmental matter with environmental counsel for the Salina Public Entities and the City's legal counsel based upon the need for consultation with an attorney for the public body which would be deemed privileged in the attorney-client relationship pursuant to K.S.A. 45-7319(b)(2). The open meeting will resume in this room at p.m. 19-0281 Moved by Commissioner Hoppock, seconded by Commissioner Hodges, to recess into executive session for 45 minutes to discuss the subject of matters relating to scheduled mediation in the context of pending litigation in U.S. District Court relating to the former Schilling Air Force Base environmental matter with environmental counsel for the Salina Public Entities and the City's legal counsel based upon the need for consultation with an attorney for the public body which would be deemed privileged in the attorney-client relationship pursuant to K.S.A. 45-7319(b)(2). The open meeting will resume in this room at 3:18 p.m. Aye: (5). Nay: (0). Motion carried. The City Commission recessed into executive session at 2:33 p.m. and reconvened at 3:18 p.m. No action was taken. 19-0282 Moved by Commissioner Hoppock, seconded by Commissioner Hodges, to recess into executive session for 30 minutes to discuss the subject of matters relating to scheduled mediation in the context of pending litigation in U.S. District Court relating to the former Schilling Air Force Base environmental matter with environmental counsel for the Salina Public Entities and the City's legal counsel based upon the need for consultation with an attorney for the public body which would be deemed privileged in the attorney-client relationship pursuant to K.S.A. 45-7319(b)(2). The open meeting will resume in this room at 3:50 p.m. Aye: (5). Nay: (0). Motion carried. Page 1 The City Commission recessed into executive session at 3:20 p.m. and reconvened at 3:50 p.m. No action was taken. Also present in executive session: Tim Rogers, Airport Authority Executive Director; Martha Tasker, Director of Utilities; Debbie Pack, Director of Finance and Administration; Mike Schrage, City Manager; and Jacob Wood, Deputy City Manager. (3.2) Consideration and approval of Kansas Open Meeting Act violation self-report to the Attorney General's Office. Mike Schrage, City Manager, explained the Kansas Open Meetings Act, the violation in question, fiscal impact and action options. Commissioner Hoppock asked if the new process of verifying notification would be done at all city functions. Mr. Schrage stated that was his intent. Commissioner Hoppock mentioned the League of Kansas Municipalities information they have available on KOMA and KORA. Mr. Schrage stated staff was working on a new training for all new board members. He added that he reached out to the Attorney General and the League on information, but they were looking at building an in-house approach that is more personalized and cost-effective. Commissioner Hodges asked if the ethics policy would fall into that training. Mr. Schrage stated yes. Commissioner Hay stated that this issue shouldn't happen again and expressed the need for more training. Mr. Schrage stated he agreed and added that this issue wasn't due to a lack of knowledge,but a human error. Mayor Davis stated he would like the notification to list the Mayor's name. Mr. Schrage explained his reason for taking this approach to verifying notification. Commissioner Hodges asked how far in advance a notice is required to be posted ahead of a special meeting and if a notice can be sent as soon as a meeting is established. Mr. Schrage stated there was no statute limitation for a notice in general and provision of an agenda. He added that if an agenda is to be made available, they have to follow additional notice requirements. Commissioner Hodges asked how the April 24th response was addressed. Greg Bengtson, City Attorney, stated that this was in reference to a question asked by the Attorney General if there had been any complaints made on the City regarding KOMA violations. He added that at that meeting, no agenda was provided, so no notification was sent and they wanted to make the Attorney General aware that they had dealt with a previous related matter. A conversation ensued between Commissioner Hodges and Mr. Bengtson regarding the question that was brought up by the Attorney General and whether a complaint was made or not. Mr. Schrage clarified that the approach they are taking today is not what was done on the April 24th issue. Commission Hodges asked if the previous KOMA issue would not have been dealt with if it wasn't for the issue being brought up. Mr. Bengtson stated he recalled focusing on the cause of the error and the solution, but not the self-disclosure. Page 2 A conversation ensued between Commissioner Hodges and Mr. Bengtson regarding the previous KOMA issue at the April 24, 2019 meeting. Mr. Bengtson stated there was recognition at that meeting that Ms. Ratzlaff hadn't received notice for the strategic plan session. He then clarified why they didn't self-report that issue. Commissioner Hodges stated that Ms. Ratzlaff had notified them during the strategic plan session and sent emails afterwards regarding the issue. She then apologized to Ms. Ratzlaff that she wasn't aware that self-reporting was an option at that time. Norman Mannel, Salina, expressed his opinions on the actions regarding the KOMA issue and the consequences the responsible parties should face. Mayor Davis stated this was an error and wasn't going to worry about the consequences. Mr. Mannel stated there was a need to address this so it didn't happen again. Mayor Davis stated they are taking steps to assure the notification has been sent out. He added that he will sign himself up as well to verify this. Jon Blanchard, 250 South Ninth Street, stated he doesn't agree with the letter drafted to the Attorney General and asked who the city attorney works for. He compared this violation with the one in February and stated the only difference is this one was brought to the attention of staff. He added that there could have been precautions put into place at that time so that more violations didn't come to light. Commissioner Hodges asked for clarification on the chain of command with the governing body in regard to the city attorney. Mr. Bengtson stated that his client is the organization as a municipal corporation through various constituents and the governing body is one of those. He added that his primary obligation in regard to administrative matters is the city manager's office and the various staff members that might call upon him and his office. He continued to state that he did not think that the matter regarding the strategic plan session warranted a self-report or he would have asked for the opportunity to speak to the governing body in executive session,but that this situation warranted a self-report. Mr. Schrage stated that the lack of notification came to light in the middle of the strategic plan session. He added that the issue was not handled formally at that time. Commissioner Hay asked what would have been done if Ms. Ratzlaff hadn't come forward with the last KOMA violation. Mr. Schrage stated that there was conversation on what is required, where they failed and what the solution was. He added that no effort was made at that time and that this preventative measure is the new approach to the agendas. Commissioner Hay asked if Mr. Bengtson would have had a statement prepared if Ms. Ratzlaff would not have brought the issue forward. Mr. Bengtson stated that no one in the joint meeting with the Saline County Health Department was aware that notice had not been sent. Mayor Davis stated that the system they have works most of the time and wouldn't have thought to verify that notification was sent every time before a meeting because of this. He added that the steps they are taking now should reduce the likelihood of it happening again. Commissioner Hay added that this was a mistake and would hope it wouldn't happen again. Joan Ratzlaff, Salina, stated that she is glad staff is having this discussion and agrees that more training for staff needs to be done. She added that there is a lack of involvement of Page 3 the citizens of Salina from the City standpoint and wants to see more training in KOMA for all staff liaisons for other boards and commissions. Mr. Schrage stated his intent is to have a very formal written communication on KOMA for all staff and staff liaisons. He added that there are a lot of other issues and little details z within KOMA that warrant the need for this to be more formal. Commissioner Hoppock stated that he intended to bring the discussion regarding the lack of notification for the September 16, 2019 meeting in Other Business at the September 23, 2019 meeting. He added that it was his intent to discuss how to correct their mistake and move forward. U Mayor Davis asked that the discussion regarding formal training for boards and commission be put on the agenda. Mr. Schrage stated that staff was currently working on that. Moved by Commissioner Ryan, seconded by Commissioner Hoppock, to approve Resolution No. 19-7746 authorizing and directing the City Manager to sign and submit a verified self-report of a Kansas Open Meetings Act violation relating to the notice of the September 16, 2019 special meeting of the Salina City Commission for submission to the Office of Kansas Attorney General Derek Schmidt. A conversation ensued between Commissioner Hodges and Mayor Davis regarding the KOMA and KORA violations and the need for citizens to trust the governing body. Mr. Bengtson asked for clarification on Commissioner Hodges' reference to KOMA violations. Commissioner Hodges stated that she was referring to the strategic plan session in April, the joint county meeting a couple of weeks ago and the issue surrounding the redaction of the letters. Commissioner Hoppock stated that there are items that require the need to be met behind closed doors. He then asked if a commissioner can opt out of attending an executive session. Mr. Bengtson stated that was correct, but it is not recommended. Commissioner Hodges asked what options a commissioner has if they are in executive session and don't agree with actions taking place. Mr. Bengtson stated that a commissioner has the option to leave and take any action they deem appropriate. Mayor Davis asked for clarification on if this is regarding a matter of choice or a conflict of interest. Mr. Bengtson stated this was the discretion of any individual commissioner. He added that a commissioner has no obligation to participate and it is up to them if they decide to leave if they are concerned with ongoing participation. 19-0283 Mayor Davis recalled the motion. Aye: (5). Nay: (0). (3.3) Expo Center lease discussion and deliberation. Request for attorney-client privileged executive session regarding the subjects of negotiations with Saline County relating to the Expo Center Lease Agreement. I move the city commission recess into executive session for _ minutes to discuss the subjects of negotiations with Saline County relating to the Expo Center Lease Agreement with legal counsel based upon the need for consultation with an attorney for the public body which would be deemed privileged in the attorney- Page 4 . client relationship pursuant to K.S.A. 45-7319(b)(2). The open meeting will resume 1in this room at p.m. Mike Schrage, City Manager, explained the lease negotiations, fiscal impact and action options. E Commissioner Hodges asked if the length of the lease being offered was 40 years as opposed to the 30 years that was talked about previously and if the utility lines will be 4 relocated. Mr. Schrage stated that the paragraph referring to them spending no more than IS the $5.7 million places a cap on the expenditure, but doesn't represent a minimum a commitment. He added that this was previously talked about as a fixed amount. U The City Commission recessed at 4:50 p.m. for a 5 minute break. The meeting resumed at 4:55 p.m. 19-0284 Moved by Commissioner Hoppock, seconded by Commissioner Hodges, to recess into executive session for 30 minutes to discuss the subject of negotiations with Saline County relating to the Expo Center Lease Agreement with legal counsel based upon the need for consultation with an attorney for the public body which would be deemed privileged in the attorney-client relationship pursuant to K.S.A. 45-7319(b)(2). The open meeting will resume in this room at 5:25 p.m. Aye: (5). Nay: (0). Motion carried. The City Commission recessed into executive session at 4:55 p.m. and reconvened at 5:25 p.m. No action was taken. I19-0285 , Moved by Commissioner Hoppock, seconded by Commissioner Hodges, to recess into executive session for 15 minutes to discuss the subject of negotiations with Saline County relating to the Expo Center Lease Agreement with legal counsel based upon the need for consultation with an attorney for the public body which would be deemed privileged in the attorney-client relationship pursuant to K.S.A. 45-7319(b)(2). The open meeting will resume in this room at 5:42 p.m. Aye: (5). Nay: (0). Motion carried. The City Commission recessed into executive session at 5:27 p.m. and reconvened at 5:42 p.m. No action was taken. Also present in executive session: Mike Schrage, City Manager; and Jacob Wood, Deputy City Manager. Jon Blanchard, 250 South Ninth Street, asked if there would be any action after the executive session. Greg Bengtson,City Attorney, stated there was a possibility. Moved by Commissioner Hoppock to direct staff to prepare a letter to Saline County outlining the proposed issues to be addressed in the lease with the county, including: 1) a 30 year lease based on a minimum investment of $5.7 million, or 2) the completion of the projects listed in the proposed master plan; 3) a schedule of dates when they anticipate the completion of the proposed master plan; 4) cancel the current lease at the time the new lease is executed; and 5) neither the city or the county at this time will relocate the existing overhead utility lines. S Commissioner Hodges asked if they do request when the installation of new services going in that the lines be buried. Page 5 Mike Schrage, City Manager, asked for clarification on whether the$5.7 million refers to the County's base list or alternate list of projects; and if the commission is asking them to offer up a schedule for further consideration. Conunissioner Hoppock replied yes, that was correct. 19-02$6 Mr.Schrage restated the proposed motion. Seconded by Commissioner Hay. Aye: (5). Nay: (0). a y ADJOURNMENT 19-02$7 Moved by Commissioner Hay, seconded by Commissioner Hodges, that the special meeting of the Board of City Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The meeting adjourned at 5:47 p.m. [SEAL] Trent W. Davis M.D., Mayor ATTEST: SAWACti (Oita Shandi Wicks,CMC, City Clerk 1 1 Page 6