6.2 Resolution 22-8040 Settlement Agreement SMCCITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
03/28/2022 4:00 P.M.
AGENDA SECTION 6 ORIGINATING DEPARTMENT: FISCAL APPROVAL:
NO: /
BY: (�Y
ITEM 2 — City Manager's Office FINAL APPROVAL:
NO:
Page l BY: Jacob Wood, BY:
Deputy Citv Manaoer
ITEM:
Approve Resolution No. 22-8040 Authorizing the City Manager to execute the Settlement Agreement
and Release of All Claims between the City of Salina and Salina Media Connection (SMC).
BACKGROUND:
Over the last several years, the City has had many discussions about the longstanding agreement
with SMC for management of the public, educational, and governmental television programming
services through a public access channel and a governmental/educational access channel. As a
result of those discussions, the City chose to bring some of the services in-house and terminate the
agreement with SMC. On June 28, 2021 the City Commission chose to allow the agreement with
SMC to terminate rather than extend or renegotiate.
At that time, staff began to exercise the termination provisions outlined in the agreement. This
included setting a timeframe for SMC to vacate Memorial Hall and determining the status of SMCs
assets to include equipment and remaining fund balance totaling $165,291.37. The agreement
included a presumption that all SMC assets, including fund balance, belong to the City unless SMC
could provide documentation that they were attained with non -city funds. In July, SMC provided
documentation for a list of items valued at approximately $29,000. On July 26, 2021 the City
Commission determined that SMC had provided adequate documentation and gave staff authority to
make future approvals.
SMC was allowed limited access to Memorial Hall until late August. During that time, some additional
equipment was determined to be owned by SMC and most of the equipment, files and other items
belonging to SMC were removed. There are still a few items remaining in the facility that will need to
be removed once a final settlement agreement is approved. SMC and City staff continued to make
progress on determining the status of the equipment, but there was little progress during this time on
determining the dissolution of the remaining fund balance.
On August 23, 2021, the City Commission authorized legal counsel to file a suit to enforce the terms
of the contract. Shortly after this action, the City and SMC were able to agree and settle all of the
remaining issues. The City offered to allow SMC to keep 15.5% of the fund balance based on the
historical annual percentage of income that SMC had received from sources other than the City. SMC
agreed to allow the City to keep some equipment that was purchased with non -city funds in return for
offsetting amount of the fund balance. The equipment was valued at $11,000. The total amount of
the cash payment to be made by SMC to the City as outlined in the attached agreement is
$128,671.21. The City did not file a suit against SMC because of the progress that was made in
negotiating terms.
The proposed settlement terms were presented to the City Commission on September 13, 2021. The
City Commission accepted the terms and directed legal counsel to draft a final settlement agreement.
The attached settlement agreement is the culmination of the efforts between SMC and the City over
the past several months to draft the final agreement.
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
03/28/2022 4:00 P.M.
AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL:
NO:
BY:
ITEM City Manager's Office FINAL APPROVAL:
NO:
Page 2 BY: Jacob Wood, BY:
DeDUtV City Manaaer
On September 13, the Commission also had a discussion about the video archive. They instructed
staff to continue conversations with SMC about archived videos. It has been determined that the City
is in possession of all of the archives that exist. The videos are captured on several servers. The
server that is currently in use has videos going back to 2015. The City also has the previous server
that was used. When SMC switched to the newer server they were unable to transfer the videos from
the previous server. Staff is working to determine what still remains on the server and if it can be
salvaged. The past practice of SMC was to delete old videos in order to make room on the server for
new videos. This means that the historical archive was deleted over time. All of the physical tapes
that SMC had on site were destroyed a number of years ago.
FISCAL NOTE:
SMC's fund balance as of June 30, 2022 totaled $165,291.37. The funds considered to belong to the
City equal 84.5% of the total or $139,671.21. The value of the equipment retained by the City is
$11,000.00. The total cash payment from SMC to the City will be $128,671.21.
COMMISSION ACTION OR RECOMMENDED ACTION:
Staff has identified the following options for the City Commission's consideration:
1.) Approve Resolution No. 22-8040 authorizing the City Manager to execute the settlement
agreement and release of all claims with SMC.
2.) Approve Resolution No. 22-8040 authorizing the City Manager to execute the settlement
agreement and release of all claims with SMC with amendments as the City Commission
deems appropriate.
3.) Postpone consideration of settlement agreement and release of all claims to a specified date
and time and provide staff direction regarding additional information or amendments the City
Commission would like to request for their further consideration.
Staff recommends option 1.
Attachments:
1.) Resolution 22-8040
2.) Settlement Agreement and Release of All Claims
3.) Excerpt of the June 28, 2021 City Commission Meeting Minutes
4.) Excerpt of the July 19, 2021 City Commission Meeting Minutes
5.) Excerpt of the July 26, 2021 City Commission Meeting Minutes
6.) Excerpt of the October 23, 2021 City Commission Meeting Minutes
7.) Excerpt of the September 13, 2021 City Commission Meeting Minutes
RESOLUTION NUMBER 22-8040
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS WITH
COMMUNITY ACCESS TELEVISION OF SALINA, INC., A KANSAS NOT-FOR-
PROFIT CORPORATION D/B/A SALINA MEDIA CONNECTION
BE IT RESOLVED by the Governing Body of the City of Salina, Kansas:
Section 1. The City Manager of the City of Salina is hereby authorized to execute and
implement a settlement agreement and release of all claims with Salina Media Connection
in substantially the form presented to the Governing Body.
Section 2. The City Clerk is hereby directed to file the original agreement and retain
according to the City of Salina Records Management Policy.
Section 3. This resolution shall be in full force and effect from and after its adoption
Adopted by the Board of Commissioners and signed by the Mayor this 28'x' day of March,
2022.
Trent W. Davis, M.D., Mayor
[SEAL]
ATTEST:
JoVonna A. Rutherford, City Clerk
SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS
This Settlement Agreement and Release of All Claims ("Settlement and Release") is
made and entered into this day of March 2022, by the City of Salina, Kansas, a Kansas
municipal corporation, (the "City") and by Community Access Television of Salina, Inc., a
Kansas not-for-profit corporation d/b/a Salina Media Connection, ("SMC").
RECITALS
A. The City and SMC (collectively, the "Parties") are the Parties to an agreement
dated effective January 1, 2020, as amended by written amendment dated December 28, 2020,
(collectively, the "Agreement'), for which written Notice of Termination of the Agreement was
presented to SMC by the City, with provision of a termination date of June 30, 2022.
B. Section I1 of the Agreement provides the process for transfer of assets upon
termination or dissolution of the Agreement and the method for determining ownership and
division of assets based on whether assets were "City -Funded Assets" or "SMC -Funded Assets."
C. Subsequent to receipt of the Notice of Termination, the Parties participated in the
established process for transfer of assets, and that process and concurrent good faith negotiations,
have resulted in the following mutually agreed upon terms of settlement and release.
D. The Parties now desire to enter into this Settlement and Release, solely as a
means of avoiding the costs and delays associated with possible litigation, and not as a statement
of fault or liability by either Party, all of which is hereby denied.
NOW, THEREFORE, in consideration of the foregoing and of the covenants,
agreements, considerations and conditions hereinafter set forth, the sufficiency of which is
hereby acknowledged, the Parties each. HEREBY RELEASE, ACQUIT AND FOREVER
DISCHARGE the other Party, and all of its employees, agents, representatives, and assigns, from
any and all doubtful and disputed demands or claims, for potential liability, including but not
limited to any and all rights or claims in law or equity, and all demands and damages of any kind,
known or unknown, arising out of or related to the Agreement, Termination of the Agreement,
Transfer of Assets upon Distribution or any other action or failure to act related to performance of
the Agreement by either Party.
AGREEMENT
In consideration for the covenants, promises, releases, and other terms of this Settlement
and Release, the City and SMC agree, as follows:
1. Cash Payment; Equipment; Other Personal Property; and Copyrighted
Programming and Content. The City and SMC agree that the consideration for this Settlement
and Release includes, in part, the following (a) cash payment and (b) allocation of equipment and
other personal property:
(a) Cash Payment. SMC agrees to deliver a guaranteed Total Cash Payment in the
form of either a certified or cashier's check payable to the City in the amount of $128,671.21,
upon execution of this Settlement and Release. The Parties mutually agree that payment of the
Total Cash Payment from SMC to the City constitutes full and final payment of any monetary
obligation of SMC to the City for any and all matters associated with this Release. The Parties
further mutually agree that deposit of Total Cash Payment by the City, will constitute receipt
from SMC and payment in full by SMC. The Total Cash Payment is calculated as follows:
SMC's funds on hand as of June 30, 2022 (the "Fund Balance"): $165,291.37
84.5% estimated City -Funded share of the Fund Balance: 139,671.21
Less agreed value of SMC -Funded equipment to be acquired by the City (11,000.00)
Total cash payment from SMC to the City ("Total Cash Payment") $128,671.21
(b) Equipment and other personal property. The City and SMC mutually agree that
either SMC, or Individuals who have submitted executed Declarations of Ownership of Items of
Personal Property, own all items of equipment and other personal property listed on the
equipment and personal property itemization attached and incorporated as Exhibit A. Further,
SMC and the City mutually agree that ownership of the equipment currently in the possession of
the City, located in room 107 of the City -County Building, and itemized on the equipment
itemization attached and incorporated as Exhibit B, shall be transferred from SMC to the City in
exchange for the $11,000 reduction of the total cash payment from SMC to the City accounted
for in subparagraph (a) above. The City and SMC agree, in a reasonable and timely manner after
execution of this Settlement, and with mutual cooperation, to take any steps necessary to
effectively complete the agreed upon allocation of equipment and personal property and that the
Parties will proceed with mutual cooperation to facilitate removal from Memorial Hall of all
remaining equipment owned by SMC, in a reasonable and timely manner.
(c) Copyrighted Programming and Content. Except when content is controlled by the
Kansas Open Public Records Act or other applicable sunshine law, pursuant to applicable
copyright laws, rules, regulations, or statutes, copyrighted programming and content is owned by
the individual or entity who holds the copyright, even if the content can be found on servers
owned or controlled by either Party to this Agreement. The Terms of this Agreement shall not
affect the application of copyright laws, rules, regulations, or statutes to the ownership, control of
or permission to access any copyrighted programming or content owned by any party, including
Parties to this Agreement and Third Parties. The City agrees to provide SMC with an electronic
copy of all programming content stored on the "TightRope" server for delivery by the City to an
authorized representative of SMC upon execution of this Settlement and Release.
2. Mutual Release of All Claims. In consideration of the cash payment and the
allocation of equipment and other personal property outlined in paragraph 1 above, the City and
SMC each fully and forever release and discharge the other and the other's past, present and
future officers, directors, members, employees, agents, assigns, servants, representatives,
attorneys, and/or other persons acting on the other's behalf (collectively, the "Releasees"), both
jointly and severally, from all actions, causes of action, suits, losses, damages, expenses, claims,
and demands of every kind and nature, known or unknown, including, but not limited to, all
claims arising from the subject matter of the Agreement and events described in Recital "A"
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above. Further, the City and SMC each warrant and represent that this Release is a general
release and further expressly waives and assumes the risk of any and all liability, rights, claims,
demands, including but not limited to damages, losses, expenses, costs, actions, causes of action,
suits of liability, and controversies of any and every kind and description whatsoever, whether at
law or equity, under statute, in contract, or in tort, suspected or unsuspected, known or unknown,
without exception or reservation, now existing or which may accrue later, including any and all
claims asserted or which could have been asserted in any lawsuit, on account of and in any
manner arising out of or related to the Agreement and events described in Recital "A" above.
3. Compromise of Disputed Claims. It is understood and agreed by the Parties that
this Settlement and Release is the compromise of disputed claims, and the payment and
consideration recited herein shall not be construed for any purpose whatsoever as an admission
of liability by the City or by SMC.
4. Supplemental Documents. The City and SMC agree to cooperate fully and
execute any supplementary documents and to take all additional actions which may be necessary
or appropriate to give full force and effect to the terms and intent of this Settlement and Release.
5. Representations; Authorized Signatories; Legal Counsel. The City and SMC
each represent and covenant that:
(a) Each party, acting in good faith, has fully disclosed the existence and location of
all assets in its possession or the possession of its past, present, and future officers, directors,
members, employees, agents, servants, representatives, attorneys, and/or other persons acting on
its behalf (collectively, its "Representatives") governed by the Agreement. This Settlement and
Release is entered into in reliance upon full disclosure by the other party and the other party's
Representatives regarding the existence and location of all assets governed by the Agreement.
(b) Each member of the governing body or board of directors of each Party has been
provided with a copy of this Settlement and Release, each Parry's governing body or board of
directors has had opportunity to consult with its legal counsel regarding the legal effect of this
Settlement and Release, and each Party relied solely on their own judgment and the advice of
their counsel without influence or coercion from the other Party, in making the decision to enter
into this Release.
(c) The officer signing this Settlement and Release on behalf of each Party has been
duly authorized by corporate resolution of its governing body or board of directors to execute
this Settlement and Release on its behalf and to implement the exchange of consideration
outlined in paragraph 1 above. The City and SMC each agree to provide the other party with a
copy of its signed corporate resolution upon execution of this Settlement and Release.
(d) Each Party agrees to defend, indemnify, and hold harmless the other and the
other's Releasees against any rights, claims, suits, demands, or interests of third parties,
including reasonable expenses of investigation, costs, and attorney's fees, only in the event they
arise in the defense of any proceeding arising out of an assertion that the other Party's signatory
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to this Settlement and Release was not so authorized to execute this Settlement and Release and
to implement the exchange of consideration outlined in paragraph 1 above.
6. Entire Agreement. The City and SMC agree that this Settlement and Release
represents and is the entire, full, and final, agreement between them and each acknowledges that
no other representation, statement, or promise has been made to induce the signing of this
Settlement and Release. The City and SMC further agree there is no agreement by the City or
SMC to do anything not mentioned in this Settlement and Release and that all acts, payments and
promises set forth in this Settlement and Release are made in full consideration of any and all
claims, damages, and losses, whether now known or unknown.
7. Merger Clause; Amendment. The City and SMC intend these terms to be a
complete, conclusive, and final expression of all the conditions of their Settlement and Release
and not a mere recital. Any amendment to this Settlement and Release must be reduced to
writing and signed by duly authorized representatives of both the City and SMC before it will be
effective.
8. Binding Effect. This Settlement and Release shall be binding upon the City and
SMC and inure to the benefit of the City and SMC and their respective past, present, and future
officers, directors, members, employees, agents, assigns, servants, representatives, attorneys,
and/or other persons acting on their behalf.
9. Governing Law. This Settlement and Release shall be construed and interpreted
according to the laws of the State of Kansas.
10. Severability. The unenforceability, invalidity, or illegality of any provision of
this Settlement and Release shall not render the other provisions unenforceable, invalid, or illegal
and such provision shall be deemed modified to the minimum extent necessary to make the
provision consistent with applicable law and, in its modified form, such provision shall then be
enforceable and enforced.
11. Counterparts, Copies and Effective Date. This Settlement and Release may be
executed in one or more counterparts and transmitted electronically and so long as each of the
parties has executed at least one of such counterparts, each fully executed counterpart, including
a copy of the fully executed counterpart, shall constitute an original and this Settlement and
Release shall be binding as between the Parties. The effective date of this Settlement and Release
shall be the date upon which it is executed by the last of the Parties to sign.
12. Headings. The captions, headings, and organization in this Settlement and
Release are placed herein for convenience of reference only and shall not be deemed to
constitute a part of this Settlement and Release, or in any way, affect, limit, amplify, or otherwise
modify the terms, covenants, representations, warranties, conditions, requirements, obligations,
or other provisions contained in this Settlement and Release.
13. Incorporation by Reference. All Exhibits referenced in this Settlement and
Release are incorporated herein by this reference, if not previously incorporated.
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CITY OF SALINA, KANSAS:
IN WITNESS WHEREOF, the duly authorized officer of the City of Salina, Kansas,
has executed this Settlement Agreement and Release, consisting of six (6) pages and Exhibits A
and B, on this day of 12022.
Michael D. Schrage
City Manager
ATTEST:
JoVonna A. Rutherford, City Clerk
ACKNOWLEDGEMENT
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was acknowledged before me on , 2022 by Michael
D. Schrage as City Manager and JoVonna A. Rutherford as City Clerk of the City of Salina,
Kansas.
Notary Public
My appointment expires:
COMMUNITY ACCESS TELEVISION OF SALINA, INC.
d/b/a SALINA MEDIA CONNECTION
IN WITNESS WHEREOF, the duly authorized officer of COMMUNITY ACCESS
TELEVISION OF SALINA, INC. d/b/a SALINA MEDIA CONNECTION, has executed this
Settlement Agreement and Release, consisting of six (6) pages and Exhibits A and B, on this
day of 12022.
ATTEST:
Mike Wilson, Secretary
Nancy Klostermeyer
Chair/President
ACKNOWLEDGEMENT
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was acknowledged before me on , 2022 by Nancy
Klostermeyer as Chair/President and Mike Wilson as Secretary of Community Access Television
of Salina, Inc. d/b/a Salina Media Connection.
Notary Public
My appointment expires:
EXHIBIT A
1. Approved Items Removed From Memorial Hall Prior to Settlement
2 x hp Omen Laptop
2 x IMAC 27"/CTO*
2 x Lilliput 7 in 1920x1200 On Camera Monitor
1 x Smartphone video kit
2 x Custom Built PCs for Editing Lab, Monitors, Battery Backups
1 x JVC GY-HM170UA Compact Professional Camcorder
1 x Benro A2573FS6 S6 Video Head and AL Flip Lock Legs Kit
1 x Apple 21.5" iMac with Retina 4K Display
1 x XFX Black Edition PS w/ Dell Monitor and APC battery backup (Nancy
Admins PC)
1 x Dell I -core 3 PC and Monitor SN: BZFMYR1 (Debrah Admin PC)
1 x Paper Shredder
1 x Canon XA11 Compact Camcorder W/ HDMI + Pro Bundle 2 removed not 1
1 x Blackmagic HyperDeck Studio Mini/Cord & SDI Cable Bundle
1 x Blackmagic ATEM TvStudio HD Switcher w/headphones - headphones*
1 x Blackmagic Teranex MiniRack Shelf 1
1 x On -Stage MB7006 6 -space Microphone Bag
1 x Audix Windscreen for OM Series Microphone
2 x Pearstone PM Series XLR M to XLR F Professional Mic
1 x Audix OM2 - Dynamic Hypercardioid Handheld Mic
1 x Audix OM2 Handheld Mic with Boom Stand - Boom Stand*
2 x Audio-Technica AT8400-Plastic Lavalier
2 x Auray WLF-038-3R Foam Windscreens 3/8"
2 x Audio-Technica Pro 70 Cardioid Lav Mic
1 x Seagate 4TB Desktop Drive with Integrated USB Hub
1 x Parta Brace Quick Ran Slick Camera Cover
3 x Watson BN-VF823 Lithiam Ion Battery Pack
Page Al of 3
1 x Watson Compact AC/DC Charger
1 x VariZoom VZROCK-J600 Zoom/Focus/Iris Control
1 x Powerex MH -C801 D 8 -cell charger with 8 pro Rechargeable AA NiMH
Batteries
1 x Greg Stephens Admin PC (B22BYR2)
1 x Nancy Klostermeyer Admin PC
1 x Debora Cox Admin PC
1 x Paper Shredder
4 x Boxes of DVD's
1 x Crate of tapes and DVD's
1 x Crate of External Hardrive's (19 drives included)
2. Requested Items Approved Prior to Settlement but Not Removed
1 x Audix Windscreen for OM Series Microphone
1 x Porta Brace Cargo Case Camera Edition
1 x Senal SMH-500 Professional Studio Headphones
3. Approved Items Removed from Memorial Hall in September
1 x Canon XA11Compact Camcorder W/ HDMI + Pro Bundle
1 x Canon XA10 Camcorder — owned by Greg Stephens
1 x Telestream Wirecast Video Streaming Production System Niagra, part
Wirecast system"
4. Requested Items Approved as Part of Settlement
1 x Sennheiser HD 429 Headphones
2 x GoPro Hero 3
1 x Battery Backup
1 x C285 -AC Game Capture HD II
3 x Davis & Sanford Spreader Dollies
3 x Davis & Sanford Provista 7518 Tripod
1 x Datavideo TP300-IP Teleprompter Kit for Apple with IPad - iPad"
1 x Sennheiser HD203 Headphones
Page A2 of 3
2 x Guard Dog Hvy Dty 5 Channel Cable Protector
2 x Tripp Lite Cat6G Patch Cable Spools
1 x Alesis Multimix 10 Wireless 10 -Channel Mixer w/Bluetooth
3 x Davis & Sanford PROVISTAA7518XB Tripods
1 x DBX 266xs Compressor/Gate
2 x GoPro Chest Harness
3 x iMac 21.5 inch
3 x Apple USB Super -Drives
1 x iMac 21.5 inch
2 x Canon XA10 Camcorder
4 x Batteries for Canon XA10 Camcorder*
2 x Chargers for Canon XA10 Camcorder*
2 x Bags for Canon XA10 Camcorder*
1 x Shoulder rig
5. Personal Item Declarations (Copies of each attached and incorporated)
Signed declaration from Steve Pope
Signed declaration from Andre Harris
Signed declaration from Greg Stephens
1 x Hisense Roku TV -65" & 1 x Blackstone Griddle
Signed declaration from Heather Gouvreau — Items Removed
Signed declaration from Debra Cox — Items Removed
6. Additional Items Requested as Part of the Settlement
Festival Wall Art donated to SMC by Salina Arts and Humanities*
Neon Access TV Sign and Neon Sign in Studio*
Old PC Computer used by staff with SMC records stored on it*
Mic Branding attachments with SMC logo*
Used SD cards*
* Items still to be removed
Page A3 of 3
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DECLARATION OF OWNERSHIP OF PERSONAL PROPERTY
THE FOLLOWING ITEMS ARE MY PERSONAL PROPERTY
AND I HAVE IDENTIFIED ALL ITEMS WITH A VALUE OVER $200:
ITEM VALUE OVER $200
9.
YES
/ NO
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YES
/ NO
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YES
/ NO
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YES
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YES
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YES
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YES
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/ NO
I declare under penalty of perjury, that the above statement is true and correct to the best
of my knowledge and belief. Executed this day of to /v, 021, by:
Signature:
Printed Name:
00909561
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DECLARATION OF OWNERSHIP OF PERSONAL PROPERTY
THE FOLLOWING ITEMS ARE MY PERSONAL PROPERTY
AND I HAVE IDENTIFIED ALL ITEMS WITH A VALUE OVER $200:
ITEM VALUE OVER $200
I declare under penalty of perjury, that the above statement is true and correct to the best
of my knowledge and belief. Executed this day of T t 1 2021, by:
Signature:
i
Printed Name: (G � 1 ,
AA Wly,k G'1't6��L!/�t�
00909561
DECLARATION OF OWNERSHIP OF PERSONAL PROPERTY
THE FOLLOWING ITEMS ARE MY PERSONAL PROPERTY
AND I HAVE IDENTIFIED ALL ITEMS WITH A VALUE OVER $200:
ITEM VALUE OVER $200
CISCO SG300-20 20 PORT GIGABIT MANAGED SWITCH ��
1. SN:PSZ20421BGS WITH POWER CORD OTY 1 YES I NO 1
2. MONITOR HDMI WITH POWER CORD
3. HDMI CORD QTY 1
Kungfuki, Removable Clamp Desktop Power Station 3 -Outlet Power
4. S,rroe v.,..rr... nff,,. n—t- D....— ll..ae....:.H r TCU lit...
5 HDMI Port and 2 RJ45 Ports, Desk Edge Clamp Socket QTY 2 YES / NO
18. �� VES /_NCI
I ze
I declare under penalty of perjury, that the above statement is true and correct to the best
of my knowledge and belief. Executed this 18 day of Au usg�= 2021, by:
Signature: ffeaM2Y I GOVi-em
Printed Name: ift36{i` el -G cry ag
00909561
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DECLARATION OF OWNERSHIP OF PERSONAL PROPERTY
THE FOLLOWING ITEMS ARE MY PERSONAL PROPERTY
AND I HAVE IDENTIFIED ALL ITEMS WITH A VALUE OVER $200:
ITEM VALUE OVER $200
20. YES / NO
I declare under penalty of perjury, that a above statement 's true and correct to the best
of my knowledge and belief. Executed this � day of� 2021, by:
Signature:
Printed Name: ,! ,� b y) (f/ /
DUCT .ARATION OF UVTNI~R�il1iF OF PERSONAL F'ROPL 9Y,
THE FOLLOWING ITEMS ARE MY PERSONAL PROPERTY
AND I HAVE IDENTIFIED ALL ITEMS WMI A VALUE OVER $200:
ITEM
VALUE OVER S200
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YES / NO
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YES !-NO
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YES / NO
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YES / NO
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NO
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I declare under penalty of perjury, that the above statement is true and correct to the best
of my knowledge and belief. Exeeuted this _.. day of/�cl y�(, 2021, by:
Signature:
Printed Name:
� I
' nFCT.ARATION OF OWNFRSHIP OF FFRS NAL PR P TY
TILE FOLLOWING ITEMS ARE MY PERSONAL PROPERTY
AND I HAVE IDENTIFIED ALL ITEMS WITH A VALUE OVER $2W:
ITEM
VALUE OVER $200
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YES NO
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YES'/ NO
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YES / NO
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I declare under penalty of perjury, that the above s
of my knowledge and belief. Executed this -� day of
Signature:
printed Name:
Ls true and correct to the best
*,u4A � 2921, by:
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DECLARATION OF OWNERSHIP OF PERSONAL PROPERTY
THE FOLLOWING ITEMS ARE MY PERSONAL PROPERTY
AND I HAVE IDENTIFIED ALL ITEMS WI711 A VALUE OVER $200:
ITEM
ITEM VALUE OVER $200
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Yh; i
/ NO
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YES
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YES
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YES
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YES
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YES
/ NO
I declare under penalty of perjury, that the above statement is true and correct to the best
of my knowledge and belief. Executed this -)-I day of -Jk( 2021, by:
Signature:
Printed Name: SL E f 5
�[LeoVf'
00909561
EXHIBIT B
Items in City/County Bldg 107 Valued $11,000
1 x ASUS VivoBook 15 Touchscreen Laptop, Stand and Warranty
1 x Cox Communications - E -Install EVC Interstate PEG Encoder
1 x Mixer/processor with 20 -inputs for Ci/Co Bldg MtgRm
1 x Auto -Echo Cancelling Tele -Conferencing Processor
Page B1 of 1
Excerpt of June 28, 2021 City Commission Meeting Minutes
Commissioner Davis addressed concerns with smoking, danger to health and subsequent
danger of the practice becoming a societal norm. Mr. Davis stated he felt a uniform policy
was needed.
Commissioner Hoppock, stated it was proven that second hand smoke in enclosed areas
was hazardous to health. Mr. Hoppock further commented that the parks and golf course
contain acres of land, no complaints had been received related to smoking at the parks;
and, as such, he was concerned with overreach on the part of the Governing Body.
21-0$9 II Moved by Commissioner Davis, seconded by Commissioner Peck, to approve Ordinance No. 21-
11052 on second reading. Aye: (3) Nay: (2 [Hoppock/Ryan]) Motion carried.
(7.2) Salina Media Connection Agreement Discussion.
Jacob Wood, Deputy City Manager, explained the request, fiscal impact, and action options.
Commissioner Ryan requested a review of costs which Mr. Wood provided. A discussion
ensued which included the possibility of a month-to-month arrangement, termination of
agreement, transition of service and equipment, disposition of channel 21, and Salina
Public Library media proposal.
Deborah Cox, Salina Media Connection (hereinafter referred to as SMC), stated her belief
that there was a misunderstanding in their proposal in that the proposals were meant to be
suggestions. She further stated their desire to negotiate the terms for continuation of
funding to SMC.
Nancy Klostenneyer, Salina, Kansas, representative of SMC, provided clarification that the
request made by them was not for annual funding. Ms. Klostermeyer also requested a
break out of costs for the building related to the other occupants and expenses.
Sue Buske, via Zoom, stated she was contacted by Greg Stephens, on behalf of SMC, to
provide guidance to SMC. Ms. Buske stated she had reviewed all correspondence and
information provided to her by SMC, provided her thoughts and ideology on the subject
and indicated her approach was to try to find a happy medium for the needs of all parties
involved.
Nancy Mostermeyer, reiterated SMC s focus and dedication to its role as a documentarian
of community issues, actions, activities and events.
David Norlin, Salina, Kansas, commented about a believed perception of delay on the part
of SMC. Mr. Norlin further provided his thoughts on the information provided by staff,
library participation, and opportunity for collaboration. Mr. Norlin requested the
Governing Body provide adequate time and thought to the matter.
Further discussion ensued during which Commissioner Davis shared he was in favor of
extending the current agreement on a month-to-month basis which would provide an
unpressured, relaxed period to negotiate a new contract.
Commissioner Hoppock provided his thoughts on channel 21 as well as channel content
and viewing. Mr. Hoppock further commented that the present issues related to SMC are
issues that have been discussed for years and he is in favor of terminating the contract.
Commissioner Davis stated in response that SMC needed a fair chance to succeed.
Page 3
Commissioner Ryan added his frustration with the promises made by SMC which failed.
Commissioner Ryan stated a fresh start was needed as well as possible change of
leadership.
Commissioner Davis suggested further negotiation with SMC.
Commissioner Peck inquired about the potential division of equipment. Michael Schrage,
City Manager, stated that pursuant to terms in the agreement, the equipment would revert
b;
back to the city.
Mayor Hodges indicated she shared the frustrations with Commissioner Hoppock and
Commissioner Ryan in that the city has dealt with these issues again and again. Mayor
Hodges further indicated that she believed channel 21 had potential that had not been met
but she was not interested in a continued partnership. Mayor Hodges realized the
importance of the citizens being able to learn, create and upload their own content,
provided thoughts on creative access for our citizens and commended city staff for their
actions.
Sue Buske added additional comments in support of SMC.
21-0170 II Moved by Commissioner Hoppock, seconded by Commissioner Ryan, to allow the contract to
terminate on June 30, 2021, and discontinue use of channel 21.
No vote was taken as Commissioner Davis requested discussion. A discussion followed
related to further information being requested, budget and the appropriate action to be
taken.
21-0171 Moved by Commissioner Davis to amend the original motion to sand out Request for Proposal for
organizations that would like to assume responsibility for channel 21. There was no second,
motion died.
21-0172 Moved by Commissioner Hoppock, seconded by Commissioner Ryan, to allow the contract to
terminate on June 30, 2021, and discontinue use of channel 21. Aye: (4) Nay: (1 [Davis]) Motion
carried.
DEVELOPMENT BUSINESS
(8.1) Second Reading, Ordinance No. 21-11063, vacating the existing utility easement
located at 3344 Scanlan Avenue.
Commissioner Hoppock recused himself.
Mayor Hodges stated Ordinance No. 21-11063 was passed, on first reading, on June 21,
2021, and no comments have been received since that date.
21-0173 IlMoved by Commissioner Ryan, seconded by Commissioner Peck, to approve Ordinance No. 21-
11063 on second reading. Aye: (4) Nay: (0). Motion carried.
Commissioner Hoppock returned to the meeting.
LI OTHER BUSINESS
Commissioner Davis noted that restricting smoking in public parks was not going to
receive any news anywhere in the United States.
Page 4
Excerpt of the July 19, 2021 City Commission Meeting Minutes
OTHER BUSINESS
Commissioner Davis inquired about a Community Relations office organizational chart.
Mike Schrage, City Manager, indicated an internal conversation would be arranged and the
conclusions would be reported to the Governing Body.
Mayor Hodges stated there was a significant increase in Covid-19 and variants of the virus
and asked for information regarding vaccination percentage of first responders, strategies
put in place, and transmissions within city departments.
a
4 Commissioner Hoppock commented on the Broadway street improvements and thanked
s staff for a job well done.
(9.1a) Possible action to follow
21-0191 Moved by Commissioner Ryan, seconded by Commissioner Hoppock that the City Commission
recess into executive session for 45 minutes to discuss with legal counsel the subject of the legal
aspects of the City's rights and remedies relating to enforcement of the Agreement between the
City of Salina and Community Access Television of Salina, Inc, d/b/a Salina Media Connection
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 7:17 p.m. Aye: (5). Nay: (0). Motion carried.
The City Commission recessed into executive session at 6:32 p.m. and reconvened at 7:17
p.m Also present in executive session: Mike Schrage, City Manager; Jacob Wood, Deputy
City Manager; Greg Bengtson, City Attorney.
21-0192 Moved by Commissioner Ryan, seconded by Commissioner Davis that the City Commission recess
into executive session for 20 minutes to discuss with legal counsel the subject of the legal aspects of
the City's rights and remedies relating to enforcement of the Agreement between the City of Salina
and Community Access Television of Salina, Inc. d/b/a Salina Media Connection 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 7:37 p.m Aye: (5). Nay: (0). Motion carried.
The City Commission recessed into executive session at 7:17 p.m. and reconvened at 7:37
p.m. Also present in executive session: Mike Schrage, City Manager; Jacob Wood, Deputy
City Manager; Greg Bengtson, City Attorney.
Mike Schrage, City Manager, provided an account of the conversations that have occurred
between the city and Salina Media Connection (SMC) over the years and provisions of the
agreements and amendments entered into related to termination of the agreement, fund
balance. Mr. Schrage indicated there were three points to be discussed relating to non-
renewal of the agreement which were identified as equipment, detailed accounting of
funds and occupancy of Memorial Hall. Mr. Schrage also indicated staff had been in
contact with SMC regarding the provisions of the agreement and the documentation
required from SMC. SMC did provide a list of equipment funded by grants and a list of
additional equipment they requested to retain; however, no accounting for funds was
received distinguishing between city funds and other sources of funds. Mr. Schrage further
provided that there would be a need for communication from the city to SMC to set
Page 5
expectations and work through the transition. Mr. Schrage suggested an approach and
outline for said communication.
Nancy Klostermeyer, SMC, stated the document received by SMC indicated to provide a
11 list of items that were non -city funded, which was provided. Ms. Klostermeyer also stated
II that all invoices were ready to be submitted, a spreadsheet had been prepared for all
income and expenses since the initiation of SMC and it seemed that communication had
y II been an issue.
i;
s II Deborah Cox, SMC, mentioned SMC did need to have a conversation with their attorney,
4 who has been on vacation and not able to contact the city, and said attorney will be touch.
Further discussion followed regarding contribution percentage, detailed accounting, and
need for articulated communication. A timeline was provided for equipment inventory
and accounting, as well as delivery of communication and possession of Memorial Hall.
Moved by Commissioner Hoppock, seconded by Commissioner Ryan, that city staff and legal
counsel be directed to complete a communication to be signed by the Mayor and delivered to
Salina Media Connection based upon legal advice provided by legal counsel and direction given
by the Governing Body, City Manager and Deputy City Manager during today's executive session
and subsequent open meeting. Aye: (5). Nay: (0). Motion carried.
ADJOURNMENT
21-0194 Moved by Commissioner Ryan, seconded by Commissioner Peck, that the regular meeting of the
Board of City Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The meeting
adjourned at 7S8 p.m
[SEAL]
City Clerk
rictitth�i�,l Z
Melissa Rose Hodges, ayor
Page 6
Excerpt of July 26, 2021 City Commission Meeting Minutes
ADMINISTRATION
Mayor Hodges announced that an additional agenda item had been presented for the
meeting. Mike Schrage, City Manager, indicated that technical difficulties had not allowed
the amended agenda to be distributed to email recipients prior to the meeting.
214#96 Moved by Commissioner Ryan, seconded by Commissioner Peck, to add an Item 7.2 to the
g meeting agenda. Aye: (5). Nay (0). Motion carried.
(7.1) Authorize Publication of Notice of Budget Hearing for the 2022 Budget which sets
August 9th as the date for public hearing on the 2022 Budget, and establishes the
maximum limits of the 2022 Budget.
Debbie Pack, Director of Finance and Administration, explained the request, fiscal impact
and action options.
There were no questions or comments.
21-0197 Moved by Commissioner Hoppock, seconded by Commissioner Ryan, to approve publication of
the Notice of Budget Hearing for the 2022 Budget which sets August 9.2021, as the date for Public
Hearing on the 2022 Budget, and establish the maximum limits of the 2022 Budget. Aye: (5). Nay
(0). Motion carried.
(7.2) Approve the determination that Salina Media Connection (SMC) has provided
adequate documentation with regard to listed non -City funded assets.
Jacob Wood, Deputy City Manager, explained the request, fiscal impact and action options
A discussion followed related to the adequacy of the documentation provided, occupancy
of Memorial Hall, location and replacement of equipment, compensation, notice provided,
inventory, legal expenses, and staff authority to make decision on personal belongings
located on the premises.
21-0198 Moved by Commissioner Davis, seconded by Commissioner Hoppock, to approve the
determination that SMC has provided adequate documentation to declare the listed items as non -
City funded assets and give the City Manager authority to approve future requests. Aye: (5). Nay
(0). Motion carried.
DEVELOPMENT BUSINESS
(8.1) Approve Ordinance No. 21-11068, changing the zoning classification of The Salina
Public Library Campus from C4 (Central Business District) to P -PF (Public Use -
Public Facilities).
Dustin Herrs, Community and Development Services Planning Division, explained the
request, fiscal impact and action option.
Commissioner Ryan questioned how the parcel was determined. Mr. Herrs could not
speak on the history of that determination.
Mr. Herrs stated, unrelated to the subject matter, that the Planning Commission had
scheduled a meeting with the Tree Advisory Board on August 3, 2021, to discuss trees and
landscaping.
Page 2
7
Excerpt of August 23, 2021 City Commission Meeting Minutes
DEVELOPMENT BUSINESS
None.
OTHER BUSINESS
A discussion took place regarding updates on the Law Enforcement Citizen Review Board,
w carry -out signs located downtown, status of resurfacing Markley Road, and proceeding
with the BKD audit report.
Mike Schrage, City Manager, explained a need for an executive session regarding the
3 deadline for SMC.
21-0262 Moved by Commissioner Ryan, seconded by Commissioner Davis, to recess into executive session
for 20 minutes to discuss the subject of legal aspects relating to the contract that's terminated by
expiration between the City of Salina and Community Access Television dba Salina Media
Connection 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. 75-
4319(b)(2). The open meeting will resume in this room at 10:00p.m. Aye: (5). Nay: (0). Motion
carried.
The City Commission recessed into executive session at 9:40 p.m. and reconvened at 10:00pmL
Also present in the executive session: Mike Schrage, City Manager; and Jacob Wood, Deputy City
Manager, Greg Bengtson, City Attorney and Jake Peterson, Clark, Mize and Linville, Chtd.
21-0263 Moved by Commissioner Ryan, seconded by Commissioner Davis to recess into executive session
for 20 minutes to discuss the subject of legal aspects relating to the contract that's terminated by
expiration between the City of Salina and Community Access Television dba Salina Media
Connection 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 KS,A. 75-
4319(6)(2). The open meeting will resume in this room at 10:22 p.m. Aye: (5). Nay: (0). Motion
carried.
The City Commission recessed into executive session at 10:02 p.m. and reconvened at 10:16p.m.
Also present in the executive session: Mike Schrage, City Manager; and Jacob Wood, Deputy City
Manager, Greg Bengtson, City Attorney and Jake Peterson, Clark, Mize and Linville, Chtd.
21-0264 1 Moved by Commissioner Hoppock, seconded by Commissioner Davis, to authorize legal counsel
to file suit to enforce the terms of the contract between the City of Salina and Community Access
television doing business as Salina Media Connection. Ave: (5). Nav: (0). Motion carried.
Page 10
Excerpt of September 13, 2021 City Commission Meeting Minutes
was a real issue and provided his thoughts and concerns about safety of the hundreds of
people that cycled through the theatre.
Chad Farber, Salina, Kansas, shared his thoughts on homelessness and stated all citizens
have compassion and love of the community. Mr. Farber further stated camping presents a
danger to the public, he is in favor of the ordnance as a tool for law enforcement and would
w love to see more information on this matter and what opportunities are available to help.
aDalton McDowell, Salina, Kansas, inquired about training and safety equipment provided to
E
any individuals performing cleanup of the campsites, as well as disposal of biohazards.
21-0178 Moved by Commissioner Hoppock, seconded by Commissioner Ryan, to approve Ordinance No.
21-11077, on first reading. Aye: (5). Nay (0). Motion carried.
Mayor Hodges announced there were four executive sessions on the agenda and due to the
county planning meeting in the same room, the Governing Body would recess and
reconvene in Room 105 to proceed with the executive sessions. Mayor Hodges noted that
the remainder of the meeting would not be televised but should be available for viewing on
YouTube.
Mayor Hodges mentioned an email she had received regarding a confrontation involving
face masks at the river festival that she would be sharing with staff.
(9.1) Executive Session - Attorney -Client Relationship.
21-0279 Moved by Commissioner Ryan, seconded by Commissioner Hoppock, that the city commission
recess into executive session, in Room 105, for 20 minutes, to include a 5 -minute break, to discuss
the subject of the legal aspects relating to the contract between the City of Salina and Community
Access Television dba Salina Media Connection 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. 75-7319(b)(2). The open meeting will resume in
this room at 7:15 p.m. Aye: (5). Nay (0). Motion carried.
(9.1a) Possible action to follow.
The City Commission recessed into executive session at 6:55 p.m and reconvened at 7:15
p.m.
Also present in executive session: Mike Schrage, City Manager; Jacob Wood, Deputy City
Manager, and Greg Bengtson, City Attorney.
Mike Schrage, City Manager, summarized agreement reached between Salina Media
Connection and the city of Salina and stated legal counsel was authorized to prepare a final
agreement to be signed.
Nancy Klosterrneyer, Salina, Kansas, on behalf of Salina Media Connection agreed with the
summarization and stated the process had taken longer than anticipated.
A discussion took place regarding the archiving of historical recordings and information
21-0280 Moved by Commissioner Hoppock, seconded by Commissioner Davis, to direct city legal counsel
to draft final terms based on the September 13, 2021, summary of settlement statement along with
continued conversations dealing with archived files. Aye: (5). Nay (0). Motion carried.
Page 7