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A regular meeting of the Board of Commissioners of the City of

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A regular meeting of the Board of Commissioners of the City of Powered By Docstoc
					                                    CITY OF IOLA
                                    2007-18 PAGE 1
                                   AUGUST 14th, 2007

A regular meeting of the Board of Commissioners of the City of Iola was held August
14th, 2007 at 1:00 p.m., at the City Commission Room located a 2 W. Jackson Ave., Iola,
Kansas.

CALL MEETING TO ORDER
Mayor Maness called the meeting to order at 1:00 p.m.

ROLL CALL
Mayor Bill Maness and Commissioners William Shirley and Craig Abbott were present,
with Mayor Maness presiding. Also present were City Administrator Judy Brigham, City
Clerk Sandra Mefford and City Attorney Chuck Apt.

PLEDGE OF ALLEGIANCE
Mayor Maness led the group in reciting the Pledge of Allegiance.

Commissioner Abbott asked that the Personnel Actions be moved from the Consent
Agenda and be addressed during an Executive Session. City Administrator Brigham
advised that two Personnel Actions have been added to the Consent Agenda. The
additions are for Ronnie Knavel and Ronnie Hageman. Brigham also advised that there
would be a 5:00 p.m. meeting tonight at Community National Bank building with Mike
Duffy from Shafer Klien & Warren. She noted that this was not an open meeting but just
a presentation regarding damage assessment and the long term future of Riverside Park.
City Attorney Apt advised that a special called meeting of the Commission would not be
required as this was just a presentation and the Commission would not discuss City
business or take any actions. Commissioner Shirley asked for a list of people that would
be attending the meeting.

REVIEW & APPROVAL OF AGENDA
Motion was made by Commissioner Shirley, and was seconded by Commissioner Abbott
to approve the agenda with the above noted changes. The vote was three ayes.

PUBLIC COMMENTS
Bill McAdam, owner of the Super 8 Motel, asked the Commission if he was to give the
City land that contained the ditch that runs behind the motel, would the City be willing to
accept ownership. He advised that he would pay all cost involved in the transfer. It was
noted that the land in question is subject to contamination at this time. The Commission
asked McAdam to wait till the representatives of the EPA addressed the Commission as
they might be able to help him.

Loretta Andres, 306 S. Kentucky, asked the Commission if they had heard where the new
Ambulance building was going to be located. The Commission advised that they had not
heard anything. Andres stated that she had heard the building would be near the
Southeast corner of Hwy 169/54. Mayor Maness noted that the County was handling this
and the City was not involved.
                                     CITY OF IOLA
                                     2007-18 PAGE 2
                                    AUGUST 14th, 2007

CONSENT AGENDA
A. Minutes Approval – July 24th, 2007
B. Appropriation Ordinance - $1,207,788.95
C. Personnel Actions –Jeremy Ellington-Fire Dept.-Rate Increase; Eric B’Hymer-Fire
Dept.- Rate Increase; Sherman Ashmore-Recreation-Rate Increase; James Snavely-
Electric Dept.-Rate Increase; David Ingle-Police-Rate Increase; Anthony Maness-Police-
Rate Increase; Charles Sellman-Water Prod.-Rate Increase; Danny McKarnin-Electric
Generation-Rate Increase; Roberta Ellis-Dispatch-Rate Increase.

Motion was made by Commissioner Abbott, and was seconded by Mayor Maness to
approve the Consent Agenda with the Personnel Actions moved to an Executive Session.
The vote was three ayes.

1:15 p.m.: City Attorney Chuck Apt left the meeting.

ROUND TABLE
A. Smelter Cleanup Discussions – Rick Bean, KDHE representative, Michelle Quick
and Mark Doolan, EPA representatives where present to discuss the next step in the clean
up process. Lisa Roberts from KDHE discussed with the Commission the health hazard
of lead contamination for children. She noted that the average age of children tested in
the Iola area was four year old. Roberts advised at the present time Iola does not have a
health problem but may still have a health risk. Scott Hayes, EPA representative advised
that all residential locations in Iola that had a lead content of over 800 had been taken
care of but there are still several areas that will fall in the 400 to 800 category. He noted
that they had done 1700 samples and screenings. Mayor Maness noted that maybe we
need an awareness campaign. The EPA and KDHE representatives advised that the next
step would be to have the area defined as a Superfund Site. They discussed with the
Commission the pro’s and con’s of doing this and advised that without the Commission’s
support EPA and KDHE would not proceed with the process to have the area defined as a
Superfund Site. Motion was made by Mayor Maness, and was seconded by
Commissioner Shirley to have a resolution prepared for the next meeting giving approval
to start the process for Superfund Site status.

1:57 p.m.: City Attorney Apt returned to the meeting.

NEW BUSINESS
A. 2007 Audit Presentation – John Baker, Snodgrass, Dunlap & Company, P.A.,
presented their findings concerning the audit of the City of Iola as of December 31, 2006.
John noted that they had not found any items that would cause concerns. He did
highlight two items that were noted in their letter, one was a recommendation they made
last year regarding cash received through the night drop in the City Clerk’s office. This
recommendation was implemented in January, 2007 and he commended the City for
adopting this recommendation. The other item was in regards to court fines that the
Municipal Court Clerk collects. The audit suggested that these funds be deposited on a
daily basis with the City Clerk’s office. John noted that he had talked to City Attorney
                                    CITY OF IOLA
                                    2007-18 PAGE 3
                                   AUGUST 14th, 2007

Chuck Apt just prior to the meeting and was informed by Apt that all money collected by
the Court Clerk was being handled as required by the State of Kansas statues, therefore,
John asked the Commission to disregard the recommendation in their letter. Another
suggestion was for the Police Department to install a camera in the evidence room. Chief
of Police, James Kilby stated that this would not be a problem.
B. 2008 E-911 Contract – An Agreement for the purpose of Providing 911 Service for
Allen County for 2008 was presented to the Commission. Discussion was held regarding
the contract and it was decided to table this item until a future meeting.
C. Volunteer Center Utility Bill – The ONE, a not for profit organization, has
requested the Commission to forgive their current utility bill in the amount of $196.70 as
they operated as a volunteer center for several organizations during the flood. City
Attorney Apt noted that this could set a precedent for other organizations to ask for the
same consideration. Commissioner Shirley stated that he though they should forgive the
charges as this organization freely gave of their building to other organization.

Iola Soaps & Suds, a commercial laundry mat that was utilized for flood victims also
requested that they receive credit on their utility charges. City Administrator Brigham
noted that local volunteer money, estimated at about $4000, was put in each machine,
therefore, she would not recommend forgiving this bill.

Motion was made by Commissioner Abbott, and was seconded by Mayor Maness to
approve the request for The One and to deny the request for Iola Soaps & Suds. The vote
was three ayes.
D. Setting of Public Hearing – Cottonwood St. Project – Motion was made by Mayor
Maness, and was seconded by Commissioner Shirley to approve a resolution authorizing
a public hearing on the Cottonwood Street project on Coon Creek and Meadowbrook
Park to be set for August 28th, 2007. The vote was three ayes.
E. Setting of Public Hearing – 2008 Budget – Discussion was held regarding the
proposed 2008 budget with City Administrator Brigham highlighting items that have
changed from last year. Commissioner Shirley stated that he did not want the mill levy
increased from the current 37.02 to 39 mills. Commissioner Abbott expressed concerns
to Chief of Police Kilby about the built in overtime in the Police budget. Other items
discussed were transfers, idle funds, grants funds, Historical Society, general fund, and
the industrial fund. The Commission noted that they would like more involvement
during the budget process next year and would like to talk with the Department Heads.
They feel the budget process is one of their main responsibilities as a Commission.
Motion was made by Mayor Maness, and was seconded by Commissioner Shirley to
approve setting a Public Hearing for the 2008 Budget at 1:00 p.m. on 28th day of August,
2007. The vote was three ayes.

3:00 p.m.: Mayor Maness declared a five minute break.

3:05 p.m.: The meeting reconvened.
                                    CITY OF IOLA
                                    2007-18 PAGE 4
                                   AUGUST 14th, 2007

UNFINISHED BUSINESS
A. Riverside Park Cleanup Discussions – City Administrator Brigham noted that three
bids had been received for cleanup at Riverside Park. These bids are for cleanup only
and are not for any type of reconstruction. She noted that there would not be any action
taken regarding the buildings at the Park at this time. Bid were received from NCRI for
$196,524.00, Encore, LLG for $66,685.93 and Below Standard Construction, LLC for
$13,243.45. After discussion with Berkley Kerr, Parks/Recreation/Cemetery
Superintendent, motion was made by Commissioner Abbott, and was seconded by
Commissioner Shirley to approve the bid from Below Standard Construction, LLC for
$13,243.45 with provisions that they start the project on August 15, 2007, provide proof
of insurance and have the cleanup completed in two weeks. There is to be a penalty
clause in the contract that will be enforced if the cleanup is not completed within the two
week period. The vote was three ayes.
B. 2 East Jackson Lease Agreement – Presented to the Commission is a lease
agreement between the City of Iola and Thrive Allen County, Inc. for the property at 2
East Jackson for a term of one year at $400.00 per month effective at a date to be
determined. Utilities will be the responsibility of Thrive Allen County, Inc.. Motion was
made by Commissioner Abbott, and was seconded by Mayor Maness to approve the
agreement as presented. The vote was three ayes.

COMMISSION & ADMINISTRATOR REPORTS
A. Commissioner Abbott – Wondered if there were any vacate city owned lots that
victims of the flood could trade for. Code Services advised that the City did not own any
vacate lots that were not also in the flood zone. Asked Mike Cooper, Code Services to
check on the situation for Vinnie Wille, 916 N. Cottonwood to determine if she is in the
flood zone. Abbott noted that at the last meeting it had been approved to move the
CDBG grant application request from parks and recreation to the library improvement
project. He wondered if this might preclude future visions for a complex that could
house all recreation, public safety and library facilities. Mayor Maness noted that he
understood what Commissioner Abbott was intending but at the same time the library
required some much needed repairs now.
B. Commissioner Shirley- Advised that the Salvation Army had donated $140,000 to
flood victims and were currently having a fund raiser. Shirley noted that any monies
donated would stay in Iola and if anyone had questions to contact Janet Wilson. Inquired
of the City Administrator about the weekly reports and was advised that the
Administrator office has been overwhelmed lately but that the reports would be
forthcoming.
C. Mayor Maness- Maness noted his concerns regarding the rail trail crossing on State
Street and suggested a flashing yellow light might help. Brigham advised that per
KDOT, nothing further needed to be done, however, she has concerns about this also and
would work on it. It was also noted that inside the city limits a permit was not required
but outside of the city limits a permit would be required. Maness advised that Ms. Gina
Clounch of Iola will be our new representative to the Health Care Foundation’s
Community Advisory Committee vacated by Robert Talkington.
                                    CITY OF IOLA
                                    2007-18 PAGE 5
                                   AUGUST 14th, 2007

D. City Administrator Brigham- Noted that the Rail Trail should open on September
8th and that the Governor would be here. Advised that the City had received a letter from
the Internal Revenue Service that Iola had passed a recent compliance check and an audit
would not be necessary. Advised that the Sunflower Foundation had awarded Iola a
grant for the walking trail on Cottonwood Street.

EXECUTIVE SESSION – Attorney Client Privilege
3:40 P.M.: Motion was made by Mayor Maness, and was seconded by Commissioner
Shirley to recess into “ Executive Session” for three minutes for the purpose of
conducting a meeting for consultation with City Attorney Apt on matters deemed
privileged under the attorney/client relationship. The vote was three ayes.

3:43 P.M.: The Commission reconvened.

3:43 P.M.: Motion was made by Commissioner Abbott, and was seconded by Mayor
Maness to recess back into “ Executive Session” for five minutes for the purpose of
conducting a meeting for consultation with City Attorney Apt on matters deemed
privileged under the attorney/client relationship. The vote was three ayes.

3:48 P.M.: The Commission reconvened.

3:48 P.M.: Motion was made by Commissioner Shirley, and was seconded by Mayor
Maness to recess back into “ Executive Session” for five minutes for the purpose of
conducting a meeting for consultation with City Attorney Apt on matters deemed
privileged under the attorney/client relationship. The vote was three ayes.

3:53 P.M.: The Commission reconvened.

Commissioner Shirley asked if the November 13th meeting could be changed to
November 6th as he would be out of town on the 13th. Motion was made by
Commissioner Shirley, and was seconded by Mayor Maness to approve the change in
meeting dates. The vote was three ayes.

EXECUTIVE SESSION - Non Elected Personnel
4:20 P.M.: Motion was made by Commissioner Abbott, and was seconded by
Commissioner Shirley to recess into “Executive Session” for five minutes to discuss
personnel matters of non-elected personnel because if this matter were discussed in open
session it might invade the privacy of those discussed. The vote was three ayes.

4:25 P.M.: The Commission reconvened.

4:25 P.M.: Motion was made by Commissioner Shirley, and was seconded by Mayor
Maness to recess back into “Executive Session” for five minutes to discuss personnel
matters of non-elected personnel because if this matter were discussed in open session it
might invade the privacy of those discussed. The vote was three ayes.
                                    CITY OF IOLA
                                    2007-18 PAGE 6
                                   AUGUST 14th, 2007

4:30 P.M.: The Commission reconvened.

Motion was made by Commissioner Shirley, and was seconded by Commissioner Abbott
to approve the Personal Action as submitted with the exception of Sherman Ashmore.
The vote was three ayes.

EXECUTIVE SESSION – Personnel
4:42 P.M.: Motion was made by Mayor Maness, and was seconded by Commissioner
Shirley to recess into “Executive Session” for three minutes to discuss personnel matters
because if this matter were discussed in open session it might invade the privacy of those
discussed. The vote was three ayes.

4:45 P.M.: The Commission reconvened.

4:45 P.M.: Motion was made by Mayor Maness, and was seconded by Commissioner
Shirley to recess back into “Executive Session” for five minutes to discuss personnel
matters because if this matter were discussed in open session it might invade the privacy
of those discussed. The vote was three ayes.

4.50 P.M.: The Commission reconvened.

4:50 P.M.: Motion was made by Mayor Maness, and was seconded by Commissioner
Shirley to recess back into “Executive Session” for one minute to discuss personnel
matters because if this matter were discussed in open session it might invade the privacy
of those discussed. The vote was three ayes.

4:51 P.M.: The Commission reconvened.

Bill McAdams was advised that a Superfund Site designation should handle his problem
with the ditch behind the Super 8 Motel.

DATE/TIME OF NEXT MEETING
          City Commission Meeting 1:00 p.m., Tuesday August 28th, 2007
          City Commission Meeting 1:00 p.m., Tuesday September 11th, 2007

ADJOURNMENT
4:55 P.M.: Motion was made by Commissioner Shirley, and was seconded by Mayor
Maness to adjourn the meeting. The vote was three ayes. As the vote was unanimous,
the meeting was declared adjourned.

				
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