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04-22-2020 Minutes (Special) CITY OF SALINA,KANSAS 1,6 SPECIAL MEETING OF THE BOARD OF COMMISSIONERS April 22,2020 4:00 p.m. Mayor Hoppock asked the Clerk for verification that notice had been sent for today's City Commission meeting. The Clerk replied yes. The Special 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. Those present and comprising a quorum: Mayor Michael L. Hoppock (presiding), Commissioners Trent W. Davis,M.D., Rod Franz, Melissa Rose Hodges (via phone),and Karl Ryan. Also present: Michael Schrage, City Manager; Greg Bengtson, City Attorney; and Shandi Wicks, City Clerk. Mayor Hoppock asked staff to explain the technology options for participation and listening to the meeting. Michael Schrage, City Manager, explained the public participation options for the meeting and how an executive session would work if needed. Mr. Schrage stated that he wanted to confirm with Scott Gardner, Director of Continuous Process Improvement, that the following were working: the Salina Media Connection cable television, online website and City of Salina, Kansas YouTube live was working properly. Scott Gardner, Director of Continuous Process Improvement, stated yes for all. The Pledge of Allegiance and a moment of silence followed. ADMINISTRATION (3.1) Discuss budget related personnel matters. Mayor Hoppock stated that this was part of the job that none of us looked forward to and thanked staff for the time spent putting this together. Commissioner Franz stated he had concerns will the staffing information provided to the City Commission by the City Manager in an email entitled "COVID-19 staffing proposal detailed." He stated he appreciated the detailed information and did not believe it rise to the level of executive session but strongly believed the City Commission discussion of the detailed proposal at that level of detail was imprudent for two (2) reasons: first,none of the City Commission, individually or collectively, had enough information about day-to-day operations of each department to make those decisions, the City Commission was there to set policy not implement day-to-day operational decision or schedule. He stated secondly, he felt it was beyond the authority of the City Commission provided in Section 2 of the Salina Code and was an encroachment of the city manager's duties and authority provided in the Salina Code as well as a violation of the ethics policy. 20-0132 Moved by Commissioner Franz, seconded by Commissioner Davis, to limit the discussion to departmental summaries provided on pages 38 & 39 of the PowerPoint presentation or similar summaries that were distributed to us last Monday. Commissioner Hodges stated that she had requested the detailed information to help her understand the plan that was developed. Commissioner Davis asked if there was a point in the presentation that we would be better Page 1 suited to address the motion. Commissioner Franz stated that the City Commission did not have the necessary information to have that discussion. Commissioner Davis asked if the department heads were involved in the process to create the plan for each department. Michael Schrage, City Manager, stated there was a conversation with the executive staff on what the options were and the department heads prepared a spreadsheet and submitted those to the City Manager, Finance Director and Human Resources Director for review, after review, staff met with each department head to discuss the plan submitted. He also stated that the City Manager, Finance Director and Human Resources Director spent time discussing the plan implementation, proposed staffing level, cost savings and included benefits and KPERS contributions. Commissioner Davis asked if Commissioner Franz if he was envisioning that the City Commission become knowledgeable enough about each individual employee position to make that decision or should the City Commission stay out of that. Commissioner Franz stated he thought the City Commission should stay out of the level of discussion on each individual employee position. He continued to state he did not mind talking about a department but felt it as difficult to discuss individual employees especially when there was only one person in that position. He further stated that he did not know if conversation about a specific position would rise to the level of executive session. Commissioner Davis asked if the City Commission would cross into personnel matters as it related to an individual employee in the situation where there's a one-person department or subdivision of a department that a person's identity was easily unmasked. Greg Bengtson, Legal Counsel, stated there were two (2) levels of analysis at issue: (1) the matter of the respective roles of the governing body relative to the city manager and the matter of the interest that was at issue on the potential need for qualification for an executive session discussion based upon the privacy interests of the employee, that would be what prompts when the governing body would get to the level of an individual employee or readily identifiable members of a class of employees. He continued to state the governing body would be in that area where the right of privacy could be violated by a public discussion of matters that they would deem of the private interest. Commissioner Hodges stated with a conversation of this gravity, she was not comfortable with limiting the conversation at this point and felt if it was necessary to hold an executive session that was acceptable. Commissioner Ryan stated that he did agree with Commissioner Franz and felt the detailed information was within the duties of the City Manager although he appreciated the level of detail that staff had created to help educate the governing body but felt it was within the City Manager's job description to carry out the plan that was presented. Commissioner Davis asked if the action of this magnitude raised to the level for the City Manager to need approval of the plan. Mr. Schrage stated there would be a need for some flexibility for the City Manager and department heads to adjust as necessary. Commissioner Hodges asked if we had a staffing concern or question within a department that conversation was totally off the table. Commissioner Franz stated he thought conversations of a specific department could be discussed but not discussing the specific job positions of the employees. Page 2 A conversation ensued between the City Commission regarding the motion on the table. Mayor Hoppock asked what the intent of the proposed resolution was. Mr. Schrage stated the resolution was intended to grant a staff level authority and to state the intent of what staff was trying to accomplish. Commissioner Davis asked if it was not a pandemic, would the City Manager have the authority to make changes to staffing. Mr. Schrage stated yes, on an individual personnel level. Mr. Bengtson stated on the proposed resolution, letters I and J., he listed the role and responsibility of the City Manager and the Governing Body. He further explained the roles and the intent of staff. Commissioner Davis asked if Commissioner Hodges would have a greater degree of comfort if the vote was delayed to page 38 of the presentation and then decide if we need to go into the weeds or not. Commissioner Hodges stated she knew where Commissioner Franz was coming from and thanked Mr. Bengtson for providing the information on the role of the Governing Body and thought if she had a question regarding the staffing and levels of service, she would like to ask that question. A conversation ensued between the City Commission regarding the role of the City Commission and the motion on the table. Mayor Hoppock called the question. Aye: (4). Nay: (1) Hodges. Motion carried. Mr. Schrage explained the staffing plan presentation. Commissioner Davis stated aside from practical reasons for implementing this, what message was going to go out to the customers to interact with departments differently. Mr. Schrage stated staff would need to communicate as clearly as we could to citizens on the new staffing level and operational hours. Commissioner Davis asked if there were ways to streamline the process for building permits. Mr. Schrage stated staffing outside of the stay-at-home order would increase and use of the online permitting software could be utilized. He stated that staff would need to review the services and get creative on ways to streamline processes. Commissioner Davis asked about planning commission review of applications. Mr. Schrage stated staff had been paying attention to those applications and would need to look at potential ways to hold a meeting if the stay-at-home order continued. Commissioner Franz provided his thoughts on the proposed staffing approach and was concerned about the detectives' division hours outside of the shared work program. He continued to state he was pretty much pleased with the outcome although it was a little short of what was needed. Mr. Schrage stated he was remised and acknowledged that overtime was heavy for both the police department and fire department for years and there was some adjustment in hours and overtime reductions for the police department. He continued to state there was a shift in crimes in the community. Commissioner Ryan thought the key was to stay nimble in this and thanked staff for their thoroughness. Commissioner Hodges asked what conversations had been had with the State of Kansas on the work share program and our application. Mr. Schrage stated staff had researched the program, the law and information other companies were able to share. Mayor Hoppock asked what happened to the employees that were scheduled to be on the Page 3 program. Natalie Fischer, Director of Human Resources, stated in some circumstances the State of Kansas would allow the application to be approved retroactively. Mayor Hoppock asked if we would implement the work share program right away. Ms. Fischer stated there could be a staggered approach for implementation. Commissioner Hodges would like to see if a formal application was ready to go or not and asked if there were things that staff needed to be aware of specifically for retroactive status for the employees. Commissioner Hodges asked when the current enrollment period was for health insurance. Ms. Fischer stated at the end of the year there was a time period for employees to enroll for coverage beginning February 1st of the next year. She also stated there were qualifying events that would allow amendments and changes to occur in 30 days of the changing events. Commissioner Hodges asked if the spouse of an employee lost his or her job, the employee could access insurance for the spouse and family. Ms. Fischer stated yes. Mayor Hoppock asked if employees that were furloughed or on the work share program would the health insurance remain the same. Ms. Fischer stated yes, for those that were furloughed the employee would pay for their portion to the City of Salina as part of a payment plan. Commissioner Hodges asked in the proposal in the plan, seasonal/temporary employees would not be employed this year, does that mean Kenwood Cove would be closed and when would that announcement be made. Mr. Schrage stated he thought there would not be an option to get staffing to open Kenwood Cove but other programming would need to be taken individually at a later date. Commissioner Hodges stated Human Resources would be overloaded with questions, and asked if it was reasonable to cut staffing across the board when we were experiencing a new program and the new federal program. Mr. Schrage stated staff shared the concern and there was intent to try and if it was just not working, staff may need to adjust on a weekly basis based on his direction and if the plan was altered too much, the plan may need to go back to the City Commission for consideration. Commissioner Hodges asked about the impact on the hard to fill positions and asked how we could show the workers specifically in public works that we value those employees and appreciate those employees. Mr. Schrage stated hazard pay was the most used option and was an added cost but staff could run those numbers. Commissioner Hodges continued to provide her thoughts on the need for hazard pay. Commissioner Franz shared his concern with the reduction of hours in Human Resources. He also provided his thoughts on hazard pay. A conversation ensued between the City Commission regarding hazard pay. Commissioner Hodges asked if the resolution was an all or nothing adoption or was there room for adjustments. Commissioner Franz stated if there were three (3) votes,there would be an opportunity for changes to the plan. Mr. Schrage stated there were some positions that had been difficult to fill positions in a number of departments and a number of positions but in tough economic times, employment with cities was preferred or there was more of a sense of longevity or security. He continued to state that in vibrant economic times, that was typically when cities lose Page 4 employees to competing private employers. He further stated he did not know what the future holds in this particular circumstance but within the resources we have try to do the best the City could by our own employees puts a good foot forward. Commissioner Hodges stated tough economic times translated into higher crime rate and asked if anyone had done an assessment on the proposed recommendation of reduction in hours for the detectives and the impact on public safety. Mr. Schrage stated it may impact clearance rates, timing for following up on an investigation. He further stated the need to monitor impacts and there may be a need to adjust and report back to the City Commission. 0 Brad Nelson,Police Chief, stated the department was down three (3) detectives, one (1) due to deployment and two (2) open positions. Commissioner Hodges asked for staff to have a conversation regarding detectives and how their work plan would work. Mayor Hoppock stated that the Governing Body was getting into micromanaging the departments. Commissioner Hodges provided her thoughts on the staffing of the detectives in the Police Department. A conversation ensued between the City Commission, Mr. Schrage and Chief Nelson regarding staffing of the Police Department. Commissioner Franz provided an example of a yard that was not maintained well and the need for the service level to be handled a little differently that typical. Mayor Hoppock asked if the City of Salina would file for unemployment for the furloughed individuals and the shared work plan for the employees. Ms. Fischer continued to state for unemployment, staff would file the initial application and for the work share program, staff would file the initial application and submit the weekly information on behalf of the employee. Mayor Hoppock asked how the federal pandemic pay would be handled. Ms. Fischer stated it was separate from State unemployment benefits from the federal government but administered through the State. Jay asked how many of you were going to get out of bed at 1:00 a.m. to go to work on a call. Commissioner Davis stated that he did just the night before and was sure that Commissioner Ryan had to at times. Julie McKenna provided her thoughts on the amount of money paid on legal services and the ability to look at that type of expenditure when you are trying to cut back on wages of blue collar workers. Mr. Schrage stated that was a request that was made and staff had provided information as part of a study session. He continued to state staff would be reviewing all legal services and returning that to the commission. Ms. McKenna added that maybe the service could be put out for bid. Mayor Hoppock thanked Ms. McKenna for her comments and the City Commission would take it under advisement. Commissioner Hodges noted that it was a concern of hers and she thanked Ms. McKenna for the call. Joan Ratzlaff, Salina, provided her thoughts on the steps taken to keep the workers whole and wanted to express her appreciation. She continued to provide her thoughts on the South Water Treatment Plant project and asked to go back and look at those again. Mayor Hoppock asked staff to provide an update on the project. Mr. Schrage stated ground was broken and several buildings were up and the project was 50% complete with 90% of the Page 5 materials purchased. He also continued to state the estimated cost to cancel the project was $7.5 to $9.5 million dollars and we could avoid $5.5 million dollars of that project expense in the short term assuming that the project stops midway. He further stated the issues discussed if the project was not completed. Kelly Hopkins provided her thoughts on the staffing plan and wanted to reiterate she was a social worker in Salina and was concerned about the staffing level for the Police Department with increased cases of various types. She continued to ask for the City Commission to rethink about the staffing of the Police Department and leave it as normal at least through the first pass. (3.2) Resolution No. 20-7830 approving the City Manager's recommended emergency staffing plan for the remainder of the City of Salina's 2020 calendar budget year in response to the COVID-19 public health emergency. Mr. Bengtson explained the draft resolution prepared. Mayor Hoppock stated Section 1 of the resolution would give the City Manager the tools he needed if the original plan was not workable. Mr. Schrage stated it would take staff working together to make sure the plan worked and to alter the plan if necessary. Karen Krecklow, Salina, stated employees who were working were making less than those that were laid off. She continued to ask why the City of Salina could not afford the hazard pay for those employees and if you could not afford them, let them go and let them get unemployment. Mr. Schrage stated that staff recognized the federal pandemic compensation and that was why staff tried to compensate the employees they could. Ms. Krecklow continued to provide her thoughts on the employees and the need for hazard pay. Mr. Schrage stated that hazard pay could be taken up separately from this action. Mayor Hoppock stated he hoped that what was said did not devalue what the City Commission thought about the current employees. Commissioner Davis stated the plan was to keep as many employees working with as full of a paycheck as possible. Ms. Krecklow continued to provide her thoughts on the need for hazard pay. Commissioner Davis stated the commission would have to be judicious in how hazard pay was implemented. A conversation ensued between Ms. Krecklow and the City Commission regarding the proposed staffing plan,working employees and hazard pay. Leon Nunez asked for an explanation on why the recycling center was closed during this time. Mr. Schrage stated that plastic was the number one item from his understanding that the virus lived on and the saliva on the bottles along with the need to reassign those individuals to the sanitation department to run a shadow vehicle. Mayor Hoppock stated that those individuals were leaving our community to go to another community adding exposure to those individuals. Mr. Nunez stated those items would be going to the landfill. Mayor Hoppock stated that staff was hoping to get the facility open sooner than later. Commissioner Davis asked if there was an opportunity for discussion on other items after this item. Mayor Hoppock stated yes. Lacy Kerns stated that staff had not checked to see how long it would take to get the extra $600 a week. Mr. Schrage stated that the payroll for May 1, 2020 would be a normal payroll and the State had indicated last week they would be able to implement those payments in the next week or two. He also stated the plan would need to be submitted and reviewed Page 6 and could be reviewed within 24 hours to a few days. Ms. Kerns continued to provide her thoughts on the proposed plan and the need for the department heads to take their 10% reduction now. Mr. Schrage stated staff had provided the information to the employees before its implementation and staff was trying to put the plan together the best they could to align with the payroll weeks. Mayor Hoppock asked staff for explain the $600 federal pandemic pay. Ms. Fischer stated that the State of Kansas was implementing the program to pay the unemployed individuals retroactively to the start of their unemployment. Ms. Kerns continued to provide her thoughts on the proposed plan and the reduction in staffing at the police department or the fire department. Mayor Hoppock stated it was a very difficult decision to make. Duff Laska,Salina, asked why we need to have five (5) commissioners working when three (3) would suffice. Commissioner Davis stated none of the commissioners were receiving payment right now and this was a time when a collective conciseness was necessary right now. Mr. Laska stated the commissioners were salaried so they were getting paid whether they were here or not. Commissioner Davis stated that the commissioners were paid a small amount but had given up the pay. He also stated that most commissioners were actually getting a reduction in their own salary to serve on the commission. Jerry Baxa, thanked the commission for their hard work and his dismay in the citizens in Salina for the employees that were complaining about not making the additional $600 dollars. 20-0133 Moved by Commissioner Davis, seconded by Commissioner Ryan, approving Resolution No. 20- 7830 approving the City Manager's recommended emergency staffing plan for the remainder of the City of Salina's 2020 calendar budget year in response to the COVID-19 public health emergency. 20-0134 Moved by Commissioner Hodges to amend the motion to include a hazard pay plan for workers at risk. Motion died due to lack of second. Mayor Hoppock called the question to approve Resolution No. 20-7830 approving the City Manager's recommended emergency staffing plan for the remainder of the City of Salina's 2020 calendar budget year in response to the COVID-19 public health emergency. Aye: (4). Nay: (1) Hodges. Motion carried. Mayor Hoppock opened the floor for other business. Commissioner Davis provided information on the things citizens could do for exercise and reducing crime in the community. He also stated that department heads should feel they have an open line of communication with the City Manager on the plan. He continued to state now was the time to look at being more efficient. ADJOURNMENT 20-0135 Moved by Commissioner Ryan, seconded by Commissioner Davis, that the special meeting of the Board of City Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The meeting adjourned at 7:35 p.m. [SEAL] Michael L. Hopp4.0/M, ayor i Page 7 ATTEST: -laws Shandi Wicks,CMC,City Clerk Z w a) N N O O U Page 8