06-22-2020 Minutes CITY OF SALINA,KANSAS
REGULAR MEETING OF THE BOARD OF COMMISSIONERS
June 22,2020
2:30 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 Regular 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 followed by the Pledge of Allegiance and a moment of
silence.
Those present and comprising a quorum: Mayor Michael L. Hoppock (presiding), Commissioners
Trent W. Davis, M.D., Rod Franz,Melissa Rose Hodges, and Karl Ryan.
Also present: Michael Schrage, City Manager; Greg Bengtson, City Attorney; and Cheryl Mermis,
Deputy City Clerk.
Michael Schrage, City Manager, wanted to publicly address a recent question he was asked
about the revised start time of the meeting. He stated going forward there would be proper
notification of further deemed special meetings which would allow for a different start
time. He further stated the meeting scheduled for this date and time was set after polling
the Commissioners due to number of agenda items.
AWARDS AND PROCLAMATIONS
None.
CITIZENS FORUM
Joel Wiemer, Salina, Chairman of the Salina/Saline County Law Enforcement Advisory
Board, explained the role of the Salina/Saline County Law Enforcement Advisory Board.
Robert Cunningham, Salina, Salina/Saline County Law Enforcement Advisory Board
member, read a statement from Vanessa Lopez Burns, a fellow board member. He
continued to provide information on a personal incident that occurred here in Salina
recently; his thoughts on the need for societal changes, and his thoughts on the role of
board. Mayor Hoppock thanked Mr. Cunningham for his statements and involvement; and
stated he was looking forward to working with him and the law enforcement advisory
board as he and the Commissioners become more educated on the group and responding
to the citizen's questions and concerns.
Commissioner Hodges asked Mr. Cunningham if he had a family member in law
enforcement. Mr. Cunningham replied yes and provided additional information on not
only his family member's direct public contact but the citizens that may experience racial
profiling and explained his motivation for his involvement with the Salina/Saline County
Law Enforcement Advisory Board.
Justin Hanke, Salina, provided the City Manager a document for the public record and
spoke on behalf of the residents of the Grand Prairie Addition regarding grievances the
group was taking issue with, the proposed plan to re-plat Phase 3 Grand Prairie Addition
and the special assessments costs. He continued to state the residents intend to take legal
action against the Developer and the City of Salina if the re-plat plan was approved.
Commissioner Hodges asked whether the information Mr. Hanke presented was going to
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be sent for review, to the planning commission before meeting on June 23, 2020. Michael
Schrage, City Manager, stated that staff will need time to review but that the planning
commission will be asked if they want to reconsider.
Luke Stanford, Salina, representing The Sunflower Coalition, provided his thoughts on
public accessibility in regards to the change in meeting times for the City Commission
meetings and the lack of accountability for the Salina/Saline County Law Enforcement
Advisory Board. Commissioner Hodges mentioned that she was forwarded some questions
from concerned citizens pertaining to transparencies of the law enforcement advisory
board's policies and was waiting for that information. She further stated that she had
obtained the 2016 use of force policy; and was willing to share information that she had
gathered with anyone that made a request.
Michael Schrage, City Manager, stated that today's meeting time was revised due to the
significantly long agenda and mentioned that prior to COVID-19, study sessions begin at
2:30 pm with the commission meeting starting at 4:00 pm.
Blaze Johnson, Salina, provided information on a personal experience with Salina Police
Department, provided her thoughts on the training of new police officers, cited Kansas
Bureau Investigation (KBI) statics from 2019 and asked the City Commission if a $10
million dollar budget for the Salina Police Department was justified.
Elizine Gomez, Salina, provided her thoughts on the 1033 Program and encouraged the
City Commission to watch a video titled Ferguson Missouri and Police Materialization,
hosted by John Oliver. Commissioner Franz clarified that his understanding was the City
did not pay$200,000.00 for the armored vehicle,it was obtained in an acquisition of surplus
and valued at that amount, at that time.
Gavin Jones, Salina, provided information on records obtained through the Law
Enforcement Support Office, the Government agency responsible for the 1033 Program and
asked the Commissioners for more oversight and transparency on additional acquisitions
of military grade equipment,by the Salina Police Department.
Edy Chernimole, Salina, provided his thoughts on the need for an independent third party
for the Saline/Salina Law Enforcement Advisory Board. He continued to provide his
thoughts on the lack of information available on the board and the role of the board.
Santiago Vasquez, Salina, provided his thoughts on the inaccuracies within the City
Commission, mismanagement of city funds and the need for some transparency to the
Salina Police Department Excellence Fund. He continued to share a personal story about a
perceived injustice action, at the hands of law enforcement and wanted answers from the
Commissioners. Mayor Hoppock stated that today, in the citizen forum, that the
Commissioners were present, to listen and would respond to citizen questions in a future
meeting or multiple meetings. Commissioner Hodges made an announcement that if
agreeable to Mayor Hoppock and the other Commissioners, she would volunteer to speak
to him personally.
Norman Howell,Salina,provided his thoughts on the use of the new police training facility
and referenced a written document that he previously provided to the City Commission,
from four years ago, on the same issues,which have not been addressed.
Jon Blanchard, Salina, former mayor of Salina and former commissioner, stated he was not
aware there was a law enforcement advisory board and requested the Commissioners
answer the citizens' questions now. Mayor Hoppock, stated that in the citizen forum,
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Commissioners were listening, and City staff will be putting out a notification about a
public community meeting in the coming days.
Mayor Hoppock thanked all individuals for speaking. Mayor Hoppock stated he believed
Salina had a good police force and praised the men and women in law enforcement that
show up for work every day, responding to many different situations and because of the
allegations that have been presented by public citizens, City staff were coordinating a
public meeting for June, 29, 2020 where Commissioners hope to learn more and help to
make the Salina Police Department do a better job.
PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME
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None.
CONSENT AGENDA
(6.1) Approve the minutes of June 15,2020.
20-0193 Moved by Commissioner Ryan, seconded by Commissioner Davis, to approve the consent agenda
as presented. Aye: (5). Nay: (0). Motion carried.
ADMINISTRATION
(7.1) Resolution No. 20-7837 authorizing the City Manager to enter into an agreement
with Travelers Property & Casualty Co of America/The Travelers Indemnity
Company for the renewal of the City's Comprehensive Property/Casualty
Insurance Program and with Lloyds of London for a property deductible buy down
option.
Nancy Schuessler, Risk Manager, explained that the current policy and costs, bids received,
and the proposed policy.
Commissioner Ryan asked if the City/County building and the police training facility
would be covered. Ms. Schuessler stated only personal/business property were covered in
the City/County building since the building was owned by Saline County and once the
contractor turned the training center over, the City will own that facility and the facility
would be covered on the City's policy.
Commissioner Franz asked if the training facility was included in the buy-down of the
deductible. Ms. Schuessler stated all facilities would be included in option A for an
additional $146,000.00 in premium; Option B would cover nine highest valued properties if
the $100,000.00 buy-down deductible were purchased for an additional premium of
$69,667.00; Option C would cover five facilities in the downtown district for an additional
premium of $36, 788.00; and Option D would cover two facilities for an additional
premium of$30,245.00.
Ms. Schuessler explained the fiscal impact and action options.
Commissioner Franz noted a quote for crime coverage was at $500,000.00; Ms. Schuessler
stated the existing coverage was set at$250,000.00.
Commissioner Davis asked whether the City owned the community theater, Ms. Schuessler
stated the community theater owned the building and carried the liability insurance. She
continued to state the City had a financial interest in the facility and because it had a
blanket policy it was easier to insure the facility because the City received better rates than
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the community theater would if they went out on their own. She further stated the same
arrangement was in place for the Art Center. She lastly stated the City of Salina had
contracts with the Salina Community Theatre and Salina Art regarding the insurance
coverage and the theatre parking lot. Michael Schrage, City Manager, stated that by
contract, the City also provided janitorial services and building maintenance to the
community theater.
Commissioner Davis asked if there were no claims for wind or hail damage, Ms. Schuessler
stated that the City could pay roughly $70,000.00 per year in premiums and not have a
claim and further noted that there have only been three building claims under hail damage
in nineteen years and numerous hail damage claims for automobiles. Commissioner Franz
noted that based on the information that had been proposed,insuring all the buildings with
the buy down option for twenty years, the City would pay out over $2.8 million dollars in
premiums. Commissioner Franz stated he was uncomfortable with the buy-down option.
Mayor Hoppock asked if this was standard in the market place. James Charlesworth,
Charlesworth Consulting and Mark Skidmore, Assurance Partners, were present to
respond to Commissioners' in depth questions.
Commissioner Davis asked if there was a budget for deductible. Michael Schrage, City
Manager, stated it was a risk management expense. Ms. Schuessler stated the premium
deductible buy down coverage was $70,000.00 for nine facilities. Mayor Hoppock asked
what classified as wind. Ms. Schuessler stated tornadoes.
Mr. Schrage stated if it was the wish of the Commissioners, to add the police training
facility to the policy for wind and hail that would have to be specifically referenced in
motion since it was not part of the nine facilities.
Commissioner Davis asked if there had ever been an incident where the City covered the
cost without submitting a claim. Ms. Schuessler stated yes, the current proposal was a 1%
deductible and $50,000.00 minimum, per occurrence and the City's history was very
favorable with three claims in 19 years.
A conversation ensued between the City Commission regarding the motion options.
Commissioner Hodges asking if section two would be approved separately. Commissioner
Franz clarified by saying he was proposing that the policy be renewed without the
supplemental policy.
20-0194 Moved by Commissioner Franz, seconded by Mayor Hoppock, to adopt Resolution No. 20-7837
authorizing the City Manager to enter into an agreement with Travelers Property & casualty
Co of America/The Travelers Indemnity Company for the renewal of the City's
Comprehensive Property/Casualty Insurance Program; excluding section two pertaining to
the Lloyd's of London supplemental policy. Aye: (4). Nay: (1) Hodges. Motion carried.
(7.2) Salina Media Connection Agreement Discussion(SMC)
Jacob Wood, Deputy City Manager, provided an overview of the current agreement, the
renewal of the current agreement, the options if the City Commission would like to
consider an alternate approach, quality issues with the current service, and an overview of
the detailed monthly reports from SMC.
Mayor Hoppock asked staff what would be involved if the City chose a different vendor
that would include the County and USD 305. Mr. Wood stated that USD 305 had a separate
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agreement and wasn't sure what that agreement looked like but he was confident that an
agreement with the County could be worked out. He continued to state the City currently
contracted with SMC for$220,000.00 and the County paid$15,000.00.
Commissioner Franz asked for staff's research with different providers and if there were
inquires as to what other cities were doing. Mr. Wood and Mr. Schrage stated there were a
couple of other high level companies that were researched but there wasn't a lot of time
devoted to looking elsewhere for other providers; previous direction from the Commission
was to try to work out the issues with SMC. Mr. Wood and Mr. Schrage indicated their
willingness to devote more time if that was the direction the Commissioners wanted to
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pursue.
Commissioner Hodges stated if the City pursued another provider it would be her
preference that it be conducted in-house, expressing her frustrations with connectivity and
audio/visual issues that have occurred recently with SMC. There were several staff
members and volunteers of the SMC on hand to answer the Commissioners questions and
provide comments.
Commissioner Franz asked staff about soliciting proposals through an RFP, RFQ or set up
an in-house production and whether it could be set up and implemented in a six month
time-frame. Mr. Schrage stated it would be possible to research it but implementation was
the concern by the end of the year; if proposals were to be submitted, staff will need to seek
technical expertise to put the RFP together and time to analyze responses. He continued to
state the current agreement was in effect until December 31, 2020 and the requirement to
provide a six month notice if the City did not renew the contract.
Greg Stephens, SMC, stated there was a 25 second delay, which is a natural delay, new
equipment had been purchased, noted there were a lot of challenges with staffing that
occurred due to COVID-19 and further stated that he was committed to resolving the
identified issues.
Deborah Cox, SMC Volunteer, provided information on the staff and volunteers working at
SMC and their dedication to providing the community access to city and county
government by way of televised programming.
Nancy Klostermeyer, SMC Board Chair, spoke on their commitment to provide quality
productions and resolving the problems.
Laneya Meyer and Joan Ratzlaff, both of Salina, stated they had been involved as
volunteers with community access television and wanted to see the City continue
supporting SMC.
Miranda Bachman, Salina, thanked the Commissioners that attended the Father's Day
Event and stated her wish for the City to continue supporting and utilizing SMC.
Mayor Hoppock stated he shared the same frustrations that the other Commissioners have
shared about the problems with SMC but would like to see an extension to the current
agreement.
20-0195 Moved by Commissioner Franz, seconded by Commissioner Davis, to give notice to terminate the
current agreement and ask that amendment the current contract with Salina Media Connection to
extend to June 30, 2021; allowing them the time to address the issues that have been identified and
direct City staff to develop some platforms for an RFP or RFQ if that is the direction that has to
occur. Aye: (4). Nay: (1) Ryan. Motion carried.
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(7.3) Consider alternate bid for replacement of Quint Fire Apparatus
Michael Schrage, City Manager, stated the bids received were over bid and at the start of
the COVID-19 outbreak, as part of the budget discussions, it was decided to postpone the
purchase.
Kevin Royse, Fire Chief, explained the fiscal impact, the use of the current unit, the revised
bid,budget amount and the build process.
Commissioner Franz asked for more information on the travel expense. Chief Royse stated
that typically there were three trips made until delivery; pre-build, mid-build and final but
because of COVID-19 the pre-build portion occurred through a virtual meeting and the
only travel expense would be the final delivery expense.
Commissioner Franz asked about the warranty on the cabin chassis as well as the change in
the engine. Commissioner Davis asked if the 10"reduction in cabin size has any effect to
functionality. David Turner, Fire Battalion Chief, stated that with the larger engine there is
a smaller cab and there was a $30,000.00 savings in the 450hp verses the 500hp and there
may be some mechanical issues realized in year 15 or 20 with the smaller engine.
20-0196 Moved by Commissioner Franz, seconded by Commissioner Davis, to approve the bid from
Rosenbauer with the smaller cab and larger engine. Aye: (5). Nay: (0). Motion carried.
(7.4) Community Forum Format Discussion.
Michael Schrage, City Manager, explained the proposed agenda and talking points for a
community forum, the meeting date, location and that staff had reached out to community
leaders to allow them to be present or to participate.
A conversation ensued between the City Commission and Mr. Schrage regarding the
protocols that should be in place; a need for a sign-up list, what could be said and time
limits.
Mayor Hoppock stated the need to be educated on the many issues that had been presented
in the citizens' forum and the public needed to hear the citizen's concerns. Mr. Schrage
stated the need for multiple meetings and establishing a set block of time and then
reconvene for further meetings.
Luke Stanford, Salina, offered a format to what his group would like to see for the first
meeting and any subsequent meetings; obtaining background information from
departments and organizations addressing the policies already in-place, a listening session,
open discussion/debate about current policies and the City's stance on the established
policies and what possible action the City Commission might make.
Blaze Johnson, Salina, provided her thoughts on the proposed meeting and noted her
concern on future meetings being set and asked that a date be set at the June 29, 2020
meeting.
Jon Blanchard, Salina, provided his thoughts on the accountability and transparency of the
law enforcement advisory board and stated he would like to see the board reorganized
with open meetings with agendas and minutes recorded and governed by statute or
ordinance.
Santiago Vasquez, Salina, stated that he understood the process took time but wanted the
Commissioners to understand that he would continue to advocate for change and would
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continue to ask questions and seek answers to his concerns.
L 20-0197 Moved by Commissioner Davis, seconded by Commissioner Ryan, to have the meeting structure
as proposed by City Manager. Aye: (5). Nay: (0). Motion carried.
Mayor Hoppock stated he will coordinate with Mr. Schrage to locate a moderator for the
community forum on June 29, 2020.
(7.5) 2021 Budget Discussion.
Michael Schrage, City Manager, stated staff was waiting on sales tax numbers and
continued to explain the approach for the 2021 budget.
Debbie Pack, Director of Finance & Administration, reported a nominal growth in 2019 of
operational expenses with incremental changes, provided an update to the April 2020
numbers, the availability of the May numbers at the next meeting, and an update on sales
tax. She continued to state that a consensus was needed for target fund balances, she
provided data on the ending balances for 2019 and the target fund balance that was for the
2020 budget, and explained the accounting policy for the general fund balance.
Commissioner Franz asked about the bond and interest fund, noting that reserves should
be between 10-15%, and stated by reviewing the data, the target appears to be considerably
lower than where it should be, he suggested adjusting the target to $600,000.00 instead of
$200,000.00. Ms. Pack stated the intention was to spend down the special gas and sanitation
fund in the 2021 budget, noted the solid waste fund had a significant balance of
$500,000.00; there were some long term capital costs associated with that fund and may
need to transfer to a capital reserve fund for closure, post closure costs, and gas
remediation. She continued to state the water/wastewater fund had a significant balance,it
too may need to transfer to a reserve fund.
Commissioner Hodges asked whether there were any plans to put any of that balance
towards the new wastewater plant or if continued accrual would reduce rates for
consumers. Ms. Pack stated the new projects were factored in to the budget and that fund
and it may be possible to shift debt funding to cash funding. She continued to state staff
would be able to look at that when a rate study is conducted.
Ms. Pack explained the detailed day-to-day operation projections, excluding personnel
numbers.
Commissioner Hodges wanted it noted in the record that Michael Schrage, City Manager,
volunteered to take a 10% pay cut because he was not able to participate in the work share
program. Commissioner Hodges thanked Mr. Schrage for his dedication.
Commissioner Franz wanted an update on the golf course. Jeff Hammond, Deputy Parks
and Recreation Director, stated revenue was currently exceeding expenses at the golf
course with about 300 to 500 rounds per week.
Ms. Pack explained the general fund revenue estimates.
Commissioner Franz noted the personal property levels have significantly dropped after
three years of stability. Ms. Pack responded that it was a drop of $1.8 million dollars as a
result of an exemption that was filed in 2020.
A discussion ensued between the City Commission, Mr. Schrage and Ms. Pack regarding
the urgent need for a study session to discuss the 2021 budget. Ms. Pack provided an
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overview of the budget calendar. The City Commission reached a consensus to have
2:30pm as a start time for a study session[s] with Mr.Schrage sending Commissioners a few
options of dates for those meeting to take place.
DEVELOPMENT BUSINESS
(8.1) Resolution No. 20-7840 authorizing a permanent in ground swimming pool and storage
shed to be placed in a public utility easement in the rear yard at 2224 River Trail Road.
Dean Andrew, Director of Planning, explained the request, easements, affected utilities,
possible findings and action options.
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Mayor Hoppock asked if all adjoining property owners have to been in agreement to vacate
the easement. Mr. Andrew stated he is working to determine the owners of those other
lots. He continued to state he would make contact and work with City Engineer and initiate
the petition for all the lots and obtain consents of all those owners.
Commissioner Franz asked if there would be any anticipated scenario whereby other
property owners would oppose vacating the petition. Mr. Andrew stated he didn't believe
anyone would if they had all the information, most were newly occupied properties with
homeowners and the issue may come up again.
Mayor Hoppock asked if the authorization from the utility companies have been secured.
Mr. Andrew stated that he had received authorization from all the utility companies and
there was no objection to the placement of the pool and no objection to the initiation of a
vacation petition.
Mayor Hoppock asked if the resolution will be recorded with the Register of Deeds. Mr.
Andrews responded yes along with exhibits attached.
Commissioner Hodges inquired on the timeline to see the petition to vacate the easement.
Mr. Andrews responded sometime in July or first of August; time was needed to put the
petition together and contacting everyone.
20-0198 Moved by Commissioner Ryan, seconded by Commissioner Davis, to approve Resolution No. 20-
7840 authorizing a permanent in ground swimming pool and storage shed to be placed in a public
utility easement in the rear yard at 2224 River Trail Road. Aye: (5). Nay: (0). Motion carried.
OTHER BUSINESS
(9.1) Request for executive session (legal)
I move the city commission recess into executive session for minutes to discuss
with the City's legal counsel the subject of legal considerations relating to
administration of the environmental response action associated with pending
litigation in U.S. District Court relating to the former Schilling Air Force Base
environmental matter 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. 45-4319(b)(2). The open meeting will resume in this room at
p.m.
20-0199 Moved by Commissioner Davis seconded by Commissioner Hodges, to recess into executive
session for 30 minutes to discuss with the City's legal counsel the subject of legal considerations
relating to administration of the environmental response action associated with pending litigation
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in U.S. District Court relating to the former Schilling Air Force base environmental matter as well
as to discuss with legal counsel the subject of legal considerations relating to legal representation
of the City in response to a notice of claim of a potential lawsuit filed by legal counsel for Melissa
Fullen, Matthew Fullen and Beverly Fullen as 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. 75-7319(b)(2). The open meeting will resume in this room at 8 p.m. Aye: (5).
Nay: (0). Motion carried.
t Also present in executive session: Mike Schrage, City Manager; Greg Bengtson, Legal
Counsel.
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U The City Commission recessed into executive session at 7:30 p.m. and reconvened at 8:00
p.m.
20-0200 Moved by Commissioner Ryan, seconded by Commissioner Hodges, that the City Commission
approve and authorize the City Manager to sign a Waiver of potential Conflict of Interest and
Consent to Representation in that Terelle Mock of the law firm of Fisher, Patterson, Saylor&Smith,
L.L.P. has been asked to represent the City of Salina and Saline County in the matter of the Fullen
claims.
ADJOURNMENT
20-0201 Moved by Commissioner Hodges, seconded by Commissioner Davis, that the regular meeting of
the Board of City Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The meeting
adjourned at 8:02 p.m.
[SEAL] Michael L. Hop ,Mayor
ATTEST:
/
hery/ er s,Deputy City Clerk
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