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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 Page 1 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, Page 2 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 U 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 Page 3 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 Page 4 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 N 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. Page 5 (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 Page 6 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 Page 7 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. U 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 Page 8 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. 0 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 Page 9