December 21, 2020 Commission Minutes

December 21, 2020                                                                                                                      5:00 P.M.

Mayor John Garcia called the meeting to order with Vice-Mayor Aaron Thompson, Commissioner Jay Dee Brumbaugh, 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, Sami Windle – Museum Director, 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 Alan Lanning – City Manager.

Mayor Garcia led Pledge of Allegiance

PUBLIC COMMENT

1. Frank introduced Brad Pflueger, new police officer for the City of Goodland.  He will begin tomorrow.  Brad has over sixteen years of experience.  Mayor Garcia stated, I had the privilege of meeting Brad and feel he will be an asset to our community.

EXECUTIVE SESSION

1. Executive Session KSA 75-4319 (b) (1) for personnel matters of nonelected personnel – Mayor Garcia made a motion at 5:02 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 twelve minutes.   I request the Commission and City Manager be present. Commissioner Howard seconded the motion.  MOTION carried by a VOTE of 5-0.  Meeting resumed at 5:14 p.m.  Mayor Garcia made a second motion at 5:14 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 City Manager be present. Commissioner Howard seconded the motion.  MOTION carried by a VOTE of 5-0.  Meeting resumed at 5:24 p.m. 

B.  Executive Session KSA 75-4319 (b) (2) Attorney-Client Matters – Mayor Garcia made a motion at 5:25 p.m. to recess into executive session under authority of K.S.A.75-4319 (b) (2) for attorney-client matters not to exceed fifteen minutes.  I request the Commission and City Attorney Jake Kling be present. Vice-Mayor Thompson seconded the motion.  MOTION carried by a VOTE of 5-0.  Meeting resumed at 5:40 p.m. 

C.  Executive Session KSA 75-4319 (b) (1) for personnel matters of nonelected personnel – Mayor Garcia made a motion at 5:41 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 only the Commission be present. Commissioner Howard seconded the motion.  MOTION carried by a VOTE of 5-0.  Meeting resumed at 5:56 p.m.  Vice-Mayor Thompson stated, “As elected officials of the City of Goodland it is our responsibility to hold ourselves to a high standard of moral integrity.  We must make decisions that we feel is in the best interest of the City, while following, or adapting the framework of the municipal code to meet that need.  We must also portray ourselves as leaders and advocates of the community.  We must take into consideration how our behavior, at all times, will reflect on the community that we represent.  We must also hold the City Manager to the same level of integrity.  The position of City Manager is ultimately the face of our community, our representative to the surrounding communities and entities, and the head of the City employees.  It is a position more than any other that determines how we are perceived, and able to positively engage with not only our own community, but all entities that the City has a connection with.  It is our responsibility as the member of the City Commission to make sure that the City Manager is being held accountable to those high standards.  If we do not, then we are not holding ourselves to the level of accountability that the position demands.”     ON A MOTION by Vice-Mayor Thompson to terminate the contract with Alan Lanning as City Manager effective immediately.  Motion died for lack of second.  Commissioner Howard stated, I want the public to know I did not second the motion because legal counsel advised we not do so at this time so I did not feel comfortable seconding motion. 

CONSENT AGENDA

1. 12/07/20 Commission Meeting Minutes
2. Appropriation Ordinances: 2020-24, 2020-24A, and 2020-P24
3. Appointment of Jason Showalter to the High Plains Museum Board
4. Reappointment of Jerry Nemechek to the High Plains Museum Board
5. Reappointment of Jessica Vignery to the High Plains Museum Board
6. Reappointment of Megan Thomas to the High Plains Museum Board
7. Reappointment of Dustin Stephenson to the Goodland Airport Board
8. Reappointment of Jon Yost to the Goodland Airport Board

ON A MOTION by Commissioner Howard to approve Consent Agenda seconded by Commissioner Farris.  MOTION carried on a VOTE of 5-0.  Vice-Mayor Thompson stated, I appreciate seeing people volunteer for boards.

FORMAL ACTIONS

1. Sherman County Community Development Board Interlocal Agreement – Alan stated, this is to approve Interlocal Agreement between the City and Sherman County to form Sherman County Community Development Group.  Vice-Mayor Thompson stated, the termination section has auto renewal clause.  We have indicated in past we are not in favor of auto renewal agreements.  Mayor Garcia stated, the agreement is terminated if either the County or City decide not to financially support the board.  The auto renewal clause is the language recommended by the County Attorney.  That is why the agreement goes year to year.  ON A MOTION by Commissioner Brumbaugh to approve the Sherman County Community Development Board Interlocal Agreement seconded by Commissioner Farris.  MOTION carried on a VOTE of 5-0. 

DISCUSSION

1. Utility Rates – Alan stated, previous conversations were held to consider changing ordinance to define non-profits as large business customers for utility rates.  I have added such amendment in Section 2.7.  In Ordinance 1671, non-profits were not addressed but are classified by usage as small commercial users.  This information is only for consideration as to whether the Commission wants to discuss the change and direct staff to make changes want.  Vice-Mayor Thompson stated, this was idea I brought up with Topside Aquatic issue.  By language in ordinance large commercial customers have to exceed usage and demand requirements to qualify. My intention was to have that rate regardless.  Commissioner Farris stated, I do not feel we should change the rate because we will lose control of what non-profits get charged.  How do we determine who non-profits are?  Mary stated, that is a question from billing clerk.  How do we determine if customer is non-profit; do they show certificate?  Vice-Mayor Thompson stated, I agree.  If we do this I feel we will need to review annually and have certificates presented.  Alan stated, if you proceed this way, you have to determine who non-profits are and what usage will be to determine impact on community.  Commissioner Brumbaugh stated, when Topside Aquatics issue came up, it was mentioned if we change rate for Topside Aquatics that it would open the flood gates with others.  We need to look at who is non-profit and the financial impact.  Topside Aquatics incentive was a startup rate and they do not receive money from the City.  If they succeed it is break even.  If they close their doors, we get nothing forever.  If other non-profits startup they should have opportunity for same incentive.  Commissioner Howard stated, I agree we need control and to review on a case by case basis.  Vice-Mayor Thompson stated, we are walking a fine line when Commission decides who gets what incentives.  I am not sure that is role of Commission.  It is a good idea to have startup incentives that remain a package for everyone.  Mayor Garcia stated, when I voted no to approve current rates, several constituents got hit on the changes.  To amend a rate structure we need to know we are meeting customer usage and City needs.  Opening up a rate to all non-profit organizations will be a financial hit on the City.  I am more than willing to discuss situations on a case by case basis such as Topside Aquatics who raised money for business and had a large contribution from Dane Hansen Foundation.  All their staff is volunteer and they bring people to our community with therapeutic services offered.  They did not have a chance to get business off ground with COVID.  Dane Hansen contributes thousands of dollars to our community and we need to stand behind their contribution.  Bring me a non-profit that meets same criteria as Topside Aquatics and they will have my support.  It is hard to compare apples to apples because most non-profits have paid staff.  There are a lot of roles that play into the decision.  I do not need data, I know their data.  Vice-Mayor Thompson asked, what is consensus of Commission?  Should Alan look further into rates?  Commissioner Farris stated, I say do not mess with it.  Commissioner Howard stated, more information will not hurt anything.  Mayor Garcia stated, it will not change the issue.  Commissioner Brumbaugh stated, I am good with current ordinance.  Mayor Garcia stated, there has been collaboration on every issue discussed for ordinance presented.  Commissioner Howard stated, it would be nice to know who the non-profits are.  Alan stated, I can get data on that. 
2. Cemetery Cameras – Alan stated, I talked with Josh and Joni about issue.  Josh recommends moving a couple cameras to better vantage points.  He is not recommending additional cameras or costs to city.  We do not recommend third party systems on City system.  Commissioner Howard asked, so Joni can put up her own cameras with her own system?  Alan stated, to put that in place we would need to get direction.  Mayor Garcia stated, this is public property; staff says if she wants to put up additional cameras with her system she can, just not on City system.  Vice-Mayor Thompson asked, so citizens can put up cameras on public property?  Alan stated, she is contract labor.  Vice-Mayor Thompson stated, I am not a fan of private cameras on our property, I would agree to reposition our cameras.  It is an unfortunate situation and many have experienced loss of property.  We have surveillance and they were caught but could not be identified.  Alan stated, I am understanding we are not willing to install cameras or attach them to our network. You are in favor of repositioning our cameras if needed.  We will look at their proposals to see what we are willing to consider.  Commissioner Howard stated, I feel we need to consult with City Attorney.  Mayor Garcia stated, we are talking about outside the shop which is an isolated area.  We have vigilant service on rest of cemetery and can see what happens.  Josh stated, we have cameras at shop and chapel.  Biggest issue is large trees and headstones block visibility.  Because of cemetery layout, unless we add a bunch of poles to attach cameras, there is not a lot to attach a camera to.  I am willing to reposition cameras out there but it will be limited where we can move them too.  Mayor Garcia stated, if she is willing to buy the cameras and system and is not tied into our system, I have no issue.  Commissioner Farris stated, where she is a contractor she should have that right.  Commissioner Howard stated, I believe she will only put cameras at shop.  Commissioner Brumbaugh stated, the wiring did not work, can there be an alarm system alerting Police Department?  Josh stated, I do not know but not sure have service for that.  Alan stated, at this point I feel Commission is in favor of supporting Joni if she puts up her cameras and system.  Vice-Mayor Thompson asked, will we have rights to information on her videos?  There are legal issues that need to be addressed by the City Attorney. 

REPORTS

1. City Manager – 1.  I continue to evaluate budget to determine resources of funding.  My intent is to build a new document to determine where funding is.  I have worked with Human Resources to get insurance information.  At January 4^th meeting we will have brokerage and insurance discussion.  I have been attending various meetings and toured all City facilities.  2. I would like to introduce my son Matthew and his girlfriend Emily in the audience tonight. 
2. City Commissioners

Vice-Mayor Thompson – 1.  No Report 

Commissioner Brumbaugh – 1.  No Report    

Commissioner Howard – 1.  Merry Christmas and Happy New Year, everyone stay safe.

Commissioner Farris – 1.  Merry Christmas and Happy New Year.

• Mayor – 1.  I would like to extend my condolences to the Krayca and Keith families.  We have had a lot of losses.  Everyone needs to continue to abide by the four rules so we can help conquer this virus. 

ADJOURNMENT WAS HAD ON A MOTION Commissioner Farris seconded by Commissioner Howard.  Motion carried by unanimous VOTE, meeting adjourned at 6:35 p.m.  Next meeting is scheduled for January 4, 2021.

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ATTEST:                                                                               John Garcia, Mayor

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Mary P. Volk, City Clerk