September 7, 2021 Commission Meeting Minutes

GOODLAND CITY COMMISSION

Regular Meeting

September 7, 2021                                                                                                                 5:00 P.M.

Mayor John Garcia called the meeting to order with Vice-Mayor Jay Dee Brumbaugh, Commissioner Aaron Thompson, Commissioner J. J. Howard and Commissioner Gary Farris responding to roll call. 

Also present were Dustin Bedore – Director of Electric Utilities, Frank Hayes – Chief of Police, LeAnn Taylor – Municipal Court Judge/Clerk, Joshua Jordan – IT Director, Kenton Keith – Director of Streets and Facilities, Neal Thornburg – Director of Water and Wastewater, Danny Krayca – Director of Parks, Mary Volk – City Clerk and Cherise Tieben – Interim City Manager.

Mayor Garcia led Pledge of Allegiance

Approval of Agenda – ON A MOTION by Vice-Mayor Brumbaugh to approve Agenda as presented seconded by Commissioner Farris.  MOTION carried on a VOTE of 5-0. 

PUBLIC COMMENT

PUBLIC HEARTING

1. Revenue Neutral Rate (RNR) Hearing – Mayor Garcia opened the public hearing at 5:01 p.m.  Mayor Garcia stated, there is a resolution the commission will have to approve during hearing.  Cherise stated, you are meeting RNR but we recommended holding hearing in the event final valuations come in different.  Items discussed during budget workshops to meet RNR were reduce health insurance funding for remainder of 2021 and 2022, reduce estimate for 2022 plan to 7% with Commission recommendation to adopt a plan within 5%, so plan will change.  The levy for the Airport Fund was reduced because FAA grants are funded at 100% with ARPA money, levy for library budget remained neutral and we reduced donations.  The Building Inspector was added back in budget with Fire Department transferring to County.  Code Enforcement employee resigned so the position is combined with Building Inspector.  We removed the cemetery land purchase but Commission needs to keep this as a priority as we need land.  There were other minor changes in MERF and CIRF transfers, including the police vehicle as a transfer.  The compensation study was moved to 2021 and paid with vacancies so changes in January fall in line with study.  Mayor Garcia stated, we have made tough decisions on budget to maintain RNR.  It is always a question what the State will do, but citizens will appreciate reduction on taxes.  When final valuations come in we will know but I feel the city will be covered at RNR level.  ON A MOTION by Commissioner Thompson to approve Resolution 1577: Levy Property Tax Exceeding the RNR seconded by Vice-Mayor Brumbaugh.  MOTION carried on a VOTE of 5-0.  Mayor Garcia closed public hearing at 5:09 p.m.
2. 2022 Budget Hearing – Mayor Garcia opened the public hearing at 5:15 p.m.  Cherise stated, staff did good job putting your budget together.  With no public comment, Mayor Garcia closed public hearing at 5:16 p.m.

PRESENTATIONS & PROCLAMATIONS

1. Police Department Recognition of Officers Tim Wright and Tanner Feasel – Chief Hayes stated, Officer Wright and Officer Feasel reported to a call where their quick thinking and training helped save a citizen’s life.  The individual they saved donated five tourniquets to the department.  We want to recognize the officer’s for their quick thinking and level head.  Mayor Garcia stated, we are grateful for the professionalism and expertise of our officers.  Commissioner Thompson stated, I appreciate what all our officers do; we so often take for granted what you are called to do.  Officers received a round of applause.
2. Flatlander Festival – Lincoln Wilson stated, 2020 festival was historic, first time in 40 years event did not occur.  The revenue is substantial to our community.  We appreciate the contribution from the City and feel we use it wisely.  We understand the constraints in 2022 budget and thank you for your 2021 contribution. 

CONSENT AGENDA

1. 08/16/2021 Commission Meeting Minutes
2. 08/18/2021 Special Commission Meeting Minutes
3. 09/01/2021 Special Commission Meeting Minutes
4. Appropriation Ordinances: 2021-17, 2021-17A, 2021-17B, 2021-P17 and 2021-P17A

ON A MOTION by Commissioner Thompson to approve Consent Agenda seconded by Commissioner Farris.  MOTION carried on a VOTE of 5-0. 

ORDINANCES AND RESOLUTIONS

1. Ordinance 1742: STO 2021 – LeAnn stated, the information from the League journal included in your packet defines changes.  Only change in 2021 that really affects us is to allow the court to waive fees if they are a manifest hardship, which will be taken on case by case basis.  ON A MOTION by Commissioner Howard to approve Ordinance 1742: STO 2021 seconded by Vice-Mayor Brumbaugh.  MOTION carried on a VOTE of 5-0. 
2.  Ordinance 1743: UPOC 2021 – LeAnn stated, changes really do not apply to Goodland.  We are again redacting Section 9.9.1 through 9.9.6 which deal with marijuana and drug paraphernalia as we feel it belongs in District Court.  ON A MOTION by Commissioner Thompson to approve Ordinance 1743: UPOC 2021 seconded by Commissioner Howard.  MOTION carried on a VOTE of 5-0. 

FORMAL ACTIONS

1. Approval of 2022 Budget – ON A MOTION by Commissioner Farris to approve the 2022 budget seconded by Commissioner Thompson.  Mayor Garcia stated, total budget presented is $17,514,021.  MOTION carried on a VOTE of 5-0. 
2. Request for Right of Way – Cherise stated, the issue is a developer has land they would like to develop and are asking for right of way.  I recommended we wait until he has a developer in hand to donate the land.  That way he does not incur legal and survey costs until he knows what is needed.  There is no reason not to dedicate land.  The question is how much.  The letter indicates the City is willing to consider donating land for right of way as long as it does not affect operation of ball fields.  Commissioner Thompson asked, is property within city limits?  Cherise stated, our land is in city limits.  You would be dedicating your land for the benefit of property outside city limits unless developer requests to be annexed.  Vice-Mayor Brumbaugh asked, is there any time frame attached to the letter?  Cherise stated, the letter is nonbinding.  ON A MOTION by Vice-Mayor Brumbaugh to authorize Mayor Garcia to sign the letter for property owner seconded by Commissioner Farris.  MOTION carried on a VOTE of 5-0.
3. Approval of Compensation Study & Benefits Survey Proposal – Cherise stated, as previously discussed, the compensation study was approved to be complete in 2021 with intent to implement changes January 1.  We received two proposals which are nearly identical except cost.  McGrath Human Resources is low bid in the amount of $11,500 plus travel expenses not to exceed $2,000.  The firm is from Illinois but has done a lot of work in Kansas.  After study is complete they prepare you a plan to go forward.  ON A MOTION by Commissioner Thompson to approve compensation study with McGrath Human Resources seconded by Commissioner Farris.  MOTION carried on a VOTE of 5-0.
4. Approval of Interim City Manager’s Contract Addendum – Mayor Garcia stated, Cherise submitted an addendum to her contract.  ON A MOTION by Vice-Mayor Brumbaugh to approve Interim City Manager Contract Addendum with Cherise Tieben seconded by Commissioner Howard.  Mayor Garcia stated, renewal is at $55/hour with mileage at IRS rate of .56 per mile and overnight accommodations of $115 per night if needed.  Commissioner Thompson stated, I appreciate what you have done and your willingness to continue to help us.    MOTION carried on a VOTE of 5-0.   Cherise stated, it has been good to work with you and you have a good staff.

REPORTS

1. Interim City Manager – 1.  I would like to thank Commission and Staff for working quick to get a City Manager in place.  2.  Your next meeting will also be long as we will have Health Insurance Broker approval, water line easements and vacation of an easement.  We will have a work session on chickens on September 20^th at 4:15, before the Commission meeting.  I am uncertain whether you allow public comment during work sessions so I informed the party they could comment during public comment at meeting.
2. City Commissioners

Commissioner Thompson – 1.  No Report 

Vice-Mayor Brumbaugh – 1.  No Report 

Commissioner Howard – 1.  I would like to thank all employees, they are doing a good job. 2.  Reminder that fog sealing is tomorrow.

Commissioner Farris – 1.  Things look good.   

• Mayor – 1.  It has been a privilege working with Cherise and her professionalism.  She is candid and honest which are good strengths for a City Manager.  2.  I extend my appreciation to the health committee and work they continue doing.  There is still a lot of work to complete process.  3.  Thank you to the police officers and all you do.  4.  I appreciate what our department heads do, we have a good staff. 

EXECUTIVE SESSION

1. Under the authority of KSA 75-4319 (b) (1) for personnel matters for nonelected personnel – Mayor Garcia made a motion at 5:43 p.m. to recess into executive session under authority of K.S.A.75-4319 (b) (1) for personnel matters for nonelected personnel not to exceed ten minutes.   I request only the Commission be present.  Vice-Mayor Brumbaugh seconded the motion.  MOTION carried by a VOTE of 5-0.  Meeting resumed at 5:53 p.m.  Mayor Garcia made a second motion at 5:54 p.m. to recess into executive session under authority of K.S.A.75-4319 (b) (1) for personnel matters for nonelected personnel not to exceed ten minutes.   I request only the Commission be present.  Commissioner Thompson seconded the motion.  MOTION carried by a VOTE of 5-0.  Meeting resumed at 6:04 p.m.  Mayor Garcia made a third motion at 6:05 p.m. to recess into executive session under authority of K.S.A.75-4319 (b) (1) for personnel matters for nonelected personnel not to exceed fifteen minutes.   I request the Commission and Cherise be present.  Vice-Mayor Brumbaugh seconded the motion.  MOTION carried by a VOTE of 5-0.  Meeting resumed at 6:20 p.m.   Mayor Garcia made a fourth motion at 6:21 p.m. to recess into executive session under authority of K.S.A.75-4319 (b) (1) for personnel matters for nonelected personnel not to exceed ten minutes.   I request the Commission and Cherise be present.  Commissioner Howard seconded the motion.  MOTION carried by a VOTE of 5-0.  Meeting resumed at 6:31 p.m. 

ADJOURNMENT WAS HAD ON A MOTION BY Commissioner Farris seconded by Vice-Mayor Brumbaugh.  Motion carried by unanimous VOTE, meeting adjourned at 6:31 p.m.  Next meeting is scheduled for September 20, 2021.

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ATTEST:                                                                               John Garcia, Mayor

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Mary P. Volk, City Clerk