On Wednesday, Congressman Tim Huelskamp

had meetings with Hercules Industries Vice-President Andy Newland and Colorado Christian University President Bill Armstrong to discuss both legal and legislative strategies to overturn the Obama Administration’s so-called “HHS Mandate.”  That rule, promulgated by U.S. Department of Health and Human Services (HHS) Secretary Kathleen Sebelius, compels small family-owned businesses and religious groups to pay for sterilization and contraception, including abortifacients, through employee health care plans.

In its lawsuit against Secretary Sebelius, Hercules Industries (a Colorado-based manufacturer of heating, ventilation and air conditioning units owned and operated by the Newland family) is represented by The Alliance Defending Freedom, a public interest legal foundation.  In its separate lawsuit against HHS, Colorado Christian University (a nondenominational Christian liberal arts university headed by former U.S. Senator Bill Armstrong) is represented by the public interest legal foundation called The Becket Fund.

Congressman Huelskamp released this statement:

“Americans of all faiths – including Orthodox Jews and Protestant Christians, and especially Catholics who have been unfairly targeted for persecution by the Obama Administration – must remain resolute in our demand that President Obama and Secretary Sebelius eliminate this rule in its entirety.  In addition to touring the Hercules Industries facility and visiting the Colorado Christian University campus, I thanked Mr. Newland and Senator Armstrong for having the courage to sue the Federal government.  I encouraged them to continue their efforts to obtain judicial review of this Administration’s violation of their First Amendment rights.  In our discussion of how much progress remains to be made on Capitol Hill, I pledged that I would continue to encourage House Republican leaders to avail themselves of every opportunity to defund the Obama Administration’s enforcement of the HHS Mandate.” 

ELLIS CITY COUNCIL

REGULAR MEETING

Minutes

April 1, 2013

CALL TO ORDER

Mayor David McDaniel called the meeting to order at 7:30 p.m. Present were Council members Brian Raub, Lyle Johnston, John Walz, John Leiker, and Jolene Niernberger.  Also present were Public Works Interim Co-Director Dan Wickham, City Clerk Amy Burton, Police Chief Taft Yates, and City Attorney Olavee Raub.

 

PLEDGE OF ALLEGIANCE TO THE FLAG

AMENDMENTS TO AGENDA

Mayor McDaniel asked for an executive session at the end of the meeting and also to add the City Attorney under Reports from City Officials.  Council approved the additions by consensus.

PUBLIC PRESENT

Scott Ross, Tammy Leiker, Steve Homburg, Ron Johnson, Brandon Pfeifer, E.L. Patee, Mark Kelly, Steve Ferland, Chad Sproul, Glen Keller, Dustin Mattheyer, Bob Gabel, Dan Pyle, Dorothy Weber, John Befort, Bernie Schoenberger, Marvin King, Jack Fox, Arthur Honas, Alex Riedel, Rose Smilie and Paul Begler.

CONSENT AGENDA

Councilmember Jolene Niernberger moved to approve the consent agenda containing the Minutes from Work Session on March 11, 2013; Regular Meeting on March 18, 2013; Special Meeting on March 20, 2013; Special Meeting on March 25, 2013; and Bills Ordinance #1922. Councilmember John Leiker seconded the motion. The Council approved the consent agenda unanimously.

PUBLIC COMMENT

Brandon Pfeifer, representing the Ellis Junior Free Fair Board, inquired of the Council how the Stage III watering restrictions would affect annual fair activities.  Council noted that water for mud volleyball would not be allowed unless hauled in from another water source; however, watering livestock is not prohibited under Class 1 usage.

E.L. Patee asked if he would be able to water his cattle at pasture with well water.  Watering livestock is not a Class 1 water usage and is allowed.

Chad Sproul spoke against the City signing the interlocal agreement with Ellis County.  The agreement would provide the County with Ellis’ share of a half-cent sales tax to help pay for capital improvements.  Mr. Sproul also asked Council if he could haul water to his house from a well outside City limits.  Council only has the authority to restrict usage of private wells inside the City limits.  Police Chief Taft Yates commented that although it isn’t required, it would be a good idea for those residents hauling water in from outside the City limits to inform the police department to aid the department in determining who is in violation of the watering restrictions and who is not.

PRESENTATIONS OF AWARDS, PROCLAMATIONS, REQUESTS & PETITIONS (HEARINGS)

None

SPECIAL ORDER

Personnel: Entry

Mayor McDaniel announced the appointment of Steve Ferland to fill the remaining one year term of the recently vacated council seat.  Mr. Ferland was hired as a consultant to the City at the March 18, 2013 regular Council meeting, therefore, to avoid a conflict of interest, Councilmember John Walz moved to rescind his motion on March 18, 2013 to hire Steve Ferland as a consultant to the City.  Councilmember John Leiker seconded the motion.  Motion carried unanimously.  Jolene Niernberger then made a motion to approve the appointment of Steve Ferland to the remaining one-year term of the vacant council seat.  Lyle Johnston seconded the motion.  Motion carried unanimously.  City Clerk Amy Burton then administered the Oath of Office to Mr. Ferland and welcomed him to the Council.

Water

Scott Ross, Division of Water Resources, was present to answer questions from the Governing Body and audience regarding the current water supply outlook and water conservation efforts.  Mr. Ross reported that the City of Ellis was tagged at the State level as a “red zone” community, one that could possibly lose water supply in the future.  Ellis currently has no stream flow and limited access to more supplies of water.  The City is not prohibited from looking for rights to new wells; however, with limited supplies, it could be very expensive to pipe water to the City.  Councilmember Leiker inquired about Dakota wells.  Mr. Ross explained the problem with Dakota wells is they are not high production wells, and the quality of water produced can vary dramatically.   Council asked for more information on becoming an Intensive Groundwater Use Control Area (IGUCA).  Mr. Ross explained that the area has to include a designated boundary and a common water source.  The area must meet certain criteria such as a declining water table or deterioration in water quality.  Mr. Ross said the authority an IGUCA gives a City is the same authority the State granted the City of Ellis in restricting usage of private water wells.  A question was asked about the use of effluent water.  Mr. Ross informed those attending that effluent water is subject to certain levels of treatment and its use is limited depending on the level of human contact with the surface.  Regarding wells drilled outside the City limits, Mr. Ross said that water could only be sold to someone else under a permit issued by the Chief Engineer.  That permit would define a specific amount of water to be sold and the time frame it had to be sold within.  When asked by Councilmember Walz on a forecast for the drought continuing, Mr. Ross said his best guess is the drought won’t intensify in 2013, but will stay stable, not any better or worse.  Mr. Ross praised the City of Ellis for being proactive in having a water conservation plan and carefully monitoring the water supply.  Ellis has paved the road for other communities in the State by pursuing the authority to restrict usage of private water wells.  Ellis is the first community in the State of Kansas to receive this authority.

 

UNFINISHED BUSINESS

Capital Improvement: Repair/Maintenance

Councilmember Ferland reported that he has checked references on both of the engineers that came to Council to present their firms.  Buck Driggs, Driggs Design Group, had a slight edge over his competitor in the ability to secure grant and loan funds for improvements.  The Council directed City Clerk Amy Burton to contact Mr. Driggs and have him present a cost estimate for his services on the City’s water line and street improvement projects.

General Government: Contracts

Council entered into a discussion regarding the interlocal agreement with Ellis County to dedicate Ellis’ share of the potential half-cent sales tax to the County to help pay for improvements to the County jail, courthouse, EMS, and rural fire department facilities.  Councilmember Niernberger noted that financially, Ellis’ contribution wouldn’t make a significant difference to the project, only delaying the payoff 3-4 months; however, her concern is the perception of the City not willing to contribute to the project.  Ms. Niernberger noted that the City frequently calls on the various County departments for help and she feels there should be some cooperation with the County.  Council was in agreement that the facility improvements were greatly needed. Lyle Johnston noted he was not in favor of the County receiving any of the City’s portion of the sales tax revenue. Councilmember Ferland asked how the City would use the sales tax revenue if not turned over to the County.  Brian Raub noted that the entire City utilizes the County facilities so the citizens of Ellis do benefit from the potential improvements.  Mayor McDaniel noted that he has not heard from a single person that wants to turn over the City’s sales tax revenue to the County.  Councilmember Niernberger moved to make a proposal to Ellis County to allocate 50% of the City’s portion of the half-cent sales tax to help fund the renovation of County facilities.  Councilmember Raub seconded the motion.  Upon a call for a vote, Councilmembers Niernberger and Raub voted in favor, Councilmembers Johnston and Ferland voted opposed, and Councilmembers Walz and Leiker abstained due to a perceived conflict of interest since both are employed by the County.  Motion passed 4-2.

Special Machinery: Acquisition

City Clerk Amy Burton presented a breakdown of the Special Machinery fund by project over the last five years.  Police Chief Taft Yates reported that the police vehicle under consideration from Government Services has closed out for the spring season.  It was the consensus of the Council to table the item until police vehicles are available from Government Services again.

Water: City Code

City Attorney Olavee Raub reported that Ordinance #1349, which allowed for the use of grey water, could possibly put citizens in violation of Kansas Department of Health and Environment’s regulations.  Surface discharge of grey water is not allowed.  Attorney Raub recommended that Council more fully research the usage of grey water before an Ordinance approving its use is considered.  Therefore, Councilmember Walz moved and Councilmember Leiker seconded a motion to approve Ordinance #1350 which repeals Ordinance #1349.  Motion carried unanimously.  Council discussed the current fine structure for offenses against the watering restrictions under Stage III.   It was the consensus of the Council to leave the fines at the current levels for now.  City Clerk Amy Burton reviewed a revenue projection for the water utility under Stage II and Stage III.  Council then addressed several questions that have surfaced since the declaration of a water emergency and the granting of authority to restrict usage of private water wells.

NEW BUSINESS

General Government: License/Permit

The Council has recently approved event requests where the applicants would like to be able to consume cereal malt beverages.  Current City Code does not allow consumption of cereal malt beverages without a valid license to sell, regardless if the applicant is selling or just consuming the beverages.  Council discussed options of whether it would be more feasible to allow a temporary permit to consume, change the wording in the current ordinance to allow consumption, or to leave the ordinance alone, which would require applicants to undergo a background check to obtain a temporary license.  The consensus of the Council was to leave the current ordinance alone.

REPORTS FROM CITY OFFICIALS

Public Works

Interim Public Works Co-Director Dan Wickham presented the well depth chart that illustrates the current City well levels.  Mr. Wickham also reported that the department is currently replacing concrete in several areas around town and they have been dry sweeping the streets.

Police

Police Chief Taft Yates presented the April officer schedule and reported on the various training opportunities the department has participated in.  Officer McCollam and Officer Smull will present to the Council on April 15, 2013 on recent classes attended.  Chief Yates also reported that Officer Casey is doing very well at the Kansas Law Enforcement Training Center.

City Clerk

City Clerk Amy Burton reported that she has been in contact with Ellis High School regarding dates to hold the Water Quality and Conservation Fair.  The best date available is April 26, 2013.  Mayor McDaniel reported that Dena Patee has contacted him about holding the water conservation fair during Riverfest.  It was the consensus of the Council to hold the Water Quality and Conservation Fair during Riverfest on June 8, 2013.  Ms. Burton also presented to Council a breakdown of the full-time equivalent employees charged to each department.

MAYOR/COUNCIL

Mayor McDaniel reminded everyone of the LKM academy training in Ellis on April 12, 2013.  If registration numbers are too low, the class may be cancelled so he strongly encouraged all council members to attend.

The governing body then discussed a hiring committee for the vacant public works director position.  It was the consensus of the Council to have the Mayor and Councilmembers Ferland and Walz sit on the committee, and possibly one or two community members.

EXECUTIVE SESSIONS

Mayor McDaniel requested an Executive Session to discuss personnel matters of non-elected personnel.  A 20-minute executive session was proposed starting at 10:13 p.m.  Mayor McDaniel asked for a motion to recess.  Steve Ferland moved to recess to executive session for personnel matters of non-elected personnel with the City Attorney and Council present.  John Walz seconded the motion.  Motion carried unanimously.  The Council returned to open session at 10:33 p.m.  No action was taken in executive session.

ADJOURNMENT

John Leiker moved to adjourn the meeting.  Brian Raub seconded the motion.   The motion carried unanimously.  The meeting adjourned at 10:33 p.m.

DRAFT, not official until approved by board

 

 

 

AP – The mother of an 18-year-old woman murdered in Kansas is traveling to Rhode Island to urge lawmakers to pass a law requiring cellphone providers to provide data about the location of a missing person’s phone.

Missy Smith is scheduled to address lawmakers Thursday on why she believes the proposal would help police find missing people. The legislation would compel cellphone companies to provide information on a phone’s whereabouts if police determine the person is in danger.

Smith’s daughter Kelsey was abducted and murdered in 2007. Her cellphone provider initially refused to give police data on the location of her phone, information that ultimately led officers to her body.

Similar laws have been enacted in eight states.

Kansas (AP) – The Kansas Highway Patrol says a Manhattan man died when the vehicle he was riding in ran off the interstate to avoid a car being chased by a patrol trooper.

The patrol says the accident Wednesday evening on Interstate 70 in Junction City killed 53-year-old Jake S. Black. He was a passenger in a car that went off the interstate to avoid a vehicle going west in the eastbound lanes of the interstate.

The driver of the wrong-way car was not injured and was arrested at the scene. The driver and another passenger in the car Black was in were taken to Geary Community Hospital for treatment.

Additional details weren’t immediately available.

Kansas (AP) – Negotiators from the Kansas House and Senate have agreed on a modified version of Governor Sam Brownback’s reading initiative. The compromise would set new rules for retaining first-graders who aren’t proficient in reading based on an assessment.

RECORD OF THE PROCEEDINGS OF THE GOVERNING BODY 19 MARCH 2013

                  The Governing Body of the City of WaKeeney, Kansas met in a regular session at City Hall 408 Russell Ave at 7:00 PM with the Mayor presiding and the following members present:

Mayor Kenneth Roy and Council Members George Arnold, Mary Jo Clevenger, Tom Kreutzer, Troy Leiker and Allen Weigel

BEING ABSENT: None

The minutes of the previous meeting were approved as written, printed and distributed.

                  GUESTS:  Deana Sturd, Sara Dunn, Kiley Dunn, Terry Eberle, Charlie Knoll and Janelle Miller

Sara and Kiley Dunn, representing the Trego County Fair Board were present before the Governing Body to request the city’s sponsorship of the 2013 fair.  Sara and Kiley reviewed the lineup of events and performers coming to the 2013 fair.  Sara and Kiley were thanked by the Governing Body and took their leave.

Deana Sturd, Senior Consultant with the Austin Peters Group presented to the Governing Body the final report of the city’s market compensation study dated March 1, 2013.  Deana reviewed the report at length with the city council.  The study will provide the basis for future wage and benefit levels of the city’s work force.  Deana was thanked by the Governing Body and took her leave.

CHIEF OF POLICE:  Terry Eberle provided his monthly departmental report.  Chief Eberle provided a letter of resignation for Office Thea Ratliff.  A hiring process will begin immediately to find a replacement officer for the department.

CITY ADMINISTRATOR:  Hardy Howard presented quotes that had been received for materials and contract labor for the replacement of a water main in the 400 block of N. 13^th Street.  After a review by the City Council, Allen Weigel motioned to approve the materials purchase from Municipal Supply and the contract digging to Bollig Excavating.  George Arnold seconded.  Motion carried.

The City Administrator presented a quote from Northwestern Office Supply for the purchase of a new digital copier.  After a review and discussion, Troy Leiker motioned to approve the purchase of a Sharp MX-M260 copier for $2,595.  Mary Jo Clevenger seconded.  Motion carried.

The Governing Body reviewed admission fees and hours at WaKeeney Water Park for 2013.

A motion was made by Tom Kreutzer and seconded by Troy Leiker to close the City Office at noon on Good Friday, March 29, 2013.  Motion carried.

MAYOR:   Kenneth Roy invited the City Council to attend a League of Kansas Municipalities strategic planning meeting in Oberlin on March 27, 2013.

A motion was made by Tom Kreutzer to approve an allocation of $1,000 to this year’s Trego County Fair Board.  Mary Jo Clevenger seconded.  Motion carried.

No further business appearing, the meeting was adjourned.

APPROVED:                                                                                                            ATTEST:

__________________________