ELLIS–By a 3-2 vote, Ellis City Council members voted December 1 against creating an ordinance allowing for annual automatic rate increases of a nominal percentage in utility rates.

The discussion came about after a recent large rate hike had to be implemented when it was discovered Midwest Energy had been under billing the city for its electrical use for several years.

Current utility rates are reviewed annually by the city council.

The complete meeting minutes follow.

ELLIS CITY COUNCIL REGULAR MEETING Minutes December 1, 2014

CALL TO ORDER
Mayor Lyle Johnston called the meeting to order at 7:30 p.m. Present were Council members Gary Luea, Dave McDaniel, Jolene Niernberger, Terry Redetzke, and John Walz. Also present were Public Works Director Alan Scheuerman, City Clerk Amy Burton, Police Chief Taft Yates, Fire Chief Denis Vine, and City Attorney Olavee Raub. Council member Ron Johnson was absent.
PLEDGE OF ALLEGIANCE TO THE FLAG
AMENDMENTS TO AGENDA
None
PUBLIC PRESENT
Ryan Augustine, Steve Homburg, Brian Spano, and Glen Keller
CONSENT AGENDA
Council member Terry Redetzke moved to approve the consent agenda containing the Minutes from the Regular Meeting on November 17, 2014 and Bills Ordinance #1962. Council member Jolene Niernberger seconded the motion. The Council approved the consent agenda unanimously.
PUBLIC COMMENTS
None
PRESENTATIONS OF AWARDS, PROCLAMATIONS, REQUESTS & PETITIONS (HEARINGS)
None
SPECIAL ORDER
Fire
Fire Chief Denis Vine reported that all of the fire trucks have passed various inspections and have been serviced. Two firemen are interested in pursuing the KU Fire Instructor I certification. One fireman will be selected to attend the training.
Wastewater: Repair/Maintenance
Brian Spano, Wilson and Company, reviewed the letter received from the Kansas Department of Health & Environment acknowledging receipt of the Preliminary Engineering Report for the Wastewater Treatment Plant improvements. The Schedule of Compliance requires a “status report” be submitted to KDHE by July 1, 2015, with the facility improvements completed by April 1, 2016. The Preliminary Engineering Report requested a completion date of September 1, 2016, but the State would like to keep the April 1, 2016 deadline until the design of the improvements can be completed and reviewed. Mr. Spano will present a contract for the facility design for consideration at the January 5, 2015 meeting. Also at that January meeting, the City will hold the required public hearing for the KDHE revolving loan application.
UNFINISHED BUSINESS
General Government: Policy
Council reviewed the latest draft of the City’s Purchasing and Bidding Policy and Procedures. Public Works Director Alan Scheuerman asked if it would be possible to include a provision allowing Council to authorize department heads to purchase routine maintenance items that might exceed the individual purchasing authority stated in the Policy. City Attorney Olavee Raub provided wording authorizing blanket authority for routine maintenance items. Council member John Walz moved to approve the Purchasing and Bidding Policy and Procedures with the addition of a provision for Council to give blanket authority to department heads for routine maintenance items. The motion died for lack of a second. Council member Gary Luea questioned the need for the additional wording when the Policy already had a provision for emergency purchases. Ms. Raub stated that routine maintenance items would not fall under the “emergency purchasing” provision. It was the consensus of Council to add the modification to the Policy and revisit at the next meeting.
Water, Sewer, Sanitation: Accounting/Billing
The Council discussed creating ordinances allowing for annual automatic rate increases of a nominal percentage in hopes to avoid large rate adjustments, as experienced recently. Council members Jolene Niernberger and John Walz stated that any Kansas Rural Water Association seminar they’ve attended stresses the importance of using automatic rate increases. Council member Gary Luea questioned that if the Council needs to review the utility rates every year anyway, then why the need for the ordinance? Council member John Walz moved to revise the existing utility rate ordinances by adding a modification increasing the rates for water, sewer, and sanitation 3% annually unless a resolution is passed determining otherwise. Council member Jolene Niernberger seconded the motion. Upon a call for discussion, the Council clarified that any additional rate increase would not take effect until January 2016. Mayor Lyle Johnston suggested that the rates be reviewed every year during the budget process. Upon a call for the vote, the motion failed 2-3, with Council members Jolene Niernberger and John Walz voting for the motion, and Council members Gary Luea, Dave McDaniel, and Terry Redetzke voting opposed.
General Government: Financial
City Clerk Amy Burton reported that the only bond issues not in compliance with the Security Exchange Commission’s continuing disclosure requirements are the 2006 Revenue Bonds and the 2006 General Obligation Bonds. The City’s other bond issues are under the $1,000,000 threshold requiring disclosure. Ms. Burton attempted to set up the City on the Municipal Securities Rulemaking Board’s website to begin the disclosure process, but it requires a statement from the City authorizing Ms. Burton to act on the City’s behalf. Council member Gary Luea moved and Council member Dave McDaniel seconded a motion to authorize the Mayor to sign the letter to the MSRB authorizing City Clerk Amy Burton to act on the City’s behalf as the “obligated person” and MSRB Master Account Administrator. The motion carried 5-0.
General Government: Policy
Council member John Walz moved and Council member Terry Redetzke seconded a motion to close the City Clerk’s office and Public Works’ Department at noon on Christmas Eve, with staff taking vacation or personal leave for the afternoon hours, if they choose. The motion carried 5-0.
NEW BUSINESS
Water: Committee
Council member John Walz moved to ratify the Mayor’s appointment of T.J. Lee to the Ellis County Wellhead Protection Committee and the City’s Water Advisory Committee. Council member Terry Redetzke seconded the motion. The motion carried 5-0.
Personnel: Salary
Council member John Walz moved to approve the 2015 Pay Rates for personnel as presented. Council member Dave McDaniel seconded the motion. The motion carried 5-0.
Personnel: Policy
City Clerk Amy Burton reviewed proposed modifications to the Personnel Policies and Guidelines. One addition is allowing employees to elect overtime or a reduction in leave hours used if the hours to be paid for that week exceed forty (40) hours. This would only be allowed if an approved Leave Request was submitted at least two weeks prior to the week in which the overtime occurred. The other major addition is allowing employees to be paid 1% for each year of continuous service for any unused medical leave upon termination of employment with the City. Council member Jolene Niernberger moved to approve the Personnel Policies and Guidelines as presented with an effective date of January 1, 2015. Council member John Walz seconded the motion. Upon a call for discussion, Council member Gary Luea stated he would not vote for the motion as long as the medical leave payout was included. He believes this encourages employees to come to work ill rather than use their medical leave, thus reducing a future payout. Upon a call for the vote, the motion passed 3-2, with Council members Dave McDaniel, Jolene Niernberger and John Walz voting for the motion, and Council members Gary Luea and Terry Redetzke opposed.
General Government: Financial
City Clerk Amy Burton presented Council with a list of bad debts to be written off. One account paid their balance due after distribution of the bad debt list; therefore, the revised total to be written off is $9,265.54. This amount represents less than 1% of the City’s 2014 receivables. Writing off the bad debts is an annual accounting procedure and in no way affects the City’s ability to collect these debts. All of the debts listed have already been submitted to the State Setoff program and another collection agency. Prior to the Council meeting, Council member Terry Redetzke reviewed the individual names of the accounts to be written off, per auditor recommendation. Council member Dave McDaniel moved and Council member Terry Redetzke seconded a motion to approve the write off of the utility bad debts in the amount of $9,265.54. Motion carried 5-0.
General Government: Policy – Utility Services
Council reviewed a draft of the updated Utility Services Policy. Ms. Burton stated that the wording has been revised allowing customers to make a request of the City Clerk for a billing adjustment for a water leak, rather than appear before the Council. One modification to the policy was requested – that in the case of a large water leak or billing error, if the customer would like more than six months to make payments on the utility bill, the customer is able to make a request to the Council for an extension of time. Council member Terry Redetzke moved to approve the Utility Services Policy with the modification of allowing customers to appear before the Council for a payment extension in excess of six months. Council member Jolene Niernberger seconded the motion. The motion passed 5-0.
Police: Accounting/Billing
Police Chief Taft Yates requested permission for the City to reimburse the Overbrook Police Department for Officer Kirby Wechsler’s recent psychiatric evaluation. The evaluation is required by the Ellis Police Department and Chief Yates has already received the results from the evaluation. Council member Dave McDaniel moved to approve payment of $175 to the Overbrook Police Department for Officer Wechsler’s psychiatric evaluation with funds to come from the Police Department. Council member John Walz seconded the motion. The motion carried 5-0.
REPORTS FROM CITY OFFICIALS
Public Works
Public Works Director Alan Scheuerman presented the Comparative Water Report for the period September 10th through October 10th and the latest water well depth levels.
Personnel: Entry
Mr. Scheuerman has received two applications for the two open positions in the Department and has conducted interviews of the applicants. He would like to hire one of the applicants at this time. Council member John Walz moved to approve the hiring of Harold Witthuhn Jr. for the General Public Works Employee IA position at a starting probationary wage of $11.24 effective December 8, 2014. Council member Jolene Niernberger seconded the motion. The motion carried 5-0.
Personnel: Exit
Mr. Scheuerman continued by stating that Caleb Lewis has submitted his letter of resignation and his last day will be December 5th. Even with Mr. Witthuhn’s hiring, the Department will be back to two employees short.
General Government: Disposal
Mr. Scheuerman reported that the old HVAC units taken off of the Municipal Building have been in storage at the Old Power Plant. He inquired if the City wanted to sell the units or leave the units in storage. Council member Dave McDaniel asked Mr. Scheuerman to check with the Ellis Railroad Museum to see if the units might be able to be used there.
Water: Repair/Maintenance
Layne has not been here yet to look at Well #12. The Public Works Department has replaced a faulty valve which may have caused some back pressure and caused the pump not to work properly. Mr. Scheuerman would like to exercise the valves as part of normal well maintenance but with reduced manpower it hasn’t been possible. Even with the valve replaced the well is only producing 15 gallons per minute.
Special Highway: Repair/Maintenance
Mr. Scheuerman asked for approval to purchase asphalt for minor street repairs. Council member Gary Luea moved to approve the purchase of two tandem loads of asphalt at a cost not to exceed $5,000 with funds to come from the Special Highway fund. Council member Terry Redetzke seconded the motion. The motion carried 5-0.
Parks: Acquisition
Mr. Scheuerman reported that the Department has replaced a portion of the lights in Memorial Park with more efficient LED bulbs, and have also added some wintertime balloon features to appeal to the younger residents.
Water Exploration: Special Project
Brad Vincent, Ground Water Associates, has reported that the applicant with first rights to Section 36 in Trego County has filed an irrigation permit; therefore, Section 25 is no longer available to drill a test hole, as it is within the 2-mile perimeter of Section 36. The City will need to proceed with drilling a test hole by Ogallah. The City has sixty days from November 10th to proceed with the Ogallah site. Mr. Scheuerman has reported he has still been in contact with Mr. Symns as well. Council member Terry Redetzke moved and Council member Dave McDaniel seconded a motion to proceed with the test drill site as proposed. The motion carried 5-0.
Police
Police Chief Taft Yates presented the Monthly Report of Activity for November and the December staff calendar. Several minor incidences should be added to the Activity Report since the report only presents cases through November 23rd due to the Thanksgiving holiday. The Department will conduct their semi-annual physical training test on December 7th.
Personnel: Benefits
Due to shortages in manpower in the Department this year, several officers have not been able to take holiday or personal leave that will be lost at year-end. Chief Yates is requesting a 60-day extension to allow officers more opportunity to try to take the time off. Council member Jolene Niernberger moved and Council member John Walz seconded a motion to give the Police Department a 60-day extension to use their 2014 holiday and personal leave time. The motion carried 5-0.
Police
Council member Dave McDaniel asked about the Ellis Police Department’s use of body cameras in light of the recent media blitz on police cameras. Chief Yates stated the Department has three body cameras that have been in use since April. The content recorded is non-editable and only the Chief can download the videos.
Council member Jolene Niernberger received a call from a concerned citizen that both police vehicles are regularly seen in the Ellis Family Care parking lot. Chief Yates explained that the parking lot is a frequent meeting place during shift change to exchange information on cases ongoing and any special tasks that need to be completed during the upcoming shift. Ms. Niernberger also inquired of the Ellis police vehicles being seen in other communities. Chief Yates explained that anytime the Department takes an offender into custody, the City must transport that individual to the jail, the hospital, etc. The vehicles might also be used to attend training in another town.
City Clerk
General Government: Policy
City Clerk Amy Burton discussed the current meal policy as outlined in the Personnel Policies and Guidelines. The policy states that meals for employees will be reimbursed, but does not include spouse’s meals during training sessions. Council directed Ms. Burton to send a memo to all Departments reminding them of this policy.
Industrial Development: Committee
In response to Ryan Augustine’s request for the City to pay one-half of the Ellis Chamber’s dues payment to the Ellis County Coalition, Ms. Burton had the Accounts Payable Clerk contact Aaron White with the Coalition for clarification, as the City had not paid dues for 2014 as well. Mr. White stated the Coalition actually does not charge annual dues for entities to be a member of the Coalition. Membership is made through contributions and pledges of what each entity can afford. Therefore, the Chamber may still be a member of the Coalition, even with the reduced payment. The Coalition has not made budget requests of the Council for the last two years; therefore, there are no payments budgeted for 2014 or 2015. Mr. White will plan to make a budget request for the 2016 budget.
Campground: Special Project
Ms. Burton reported the surveys completed by campground visitors throughout the year have been compiled for review. One recurring comment was the need for speed bumps through the campground as local traffic continually speeds through the area. The comments were also very complimentary of the police force. Many visitors requested a payment drop box, which the City will implement January 1.
General Government: Special Project
Included for Council review are the results from the City Resident Satisfaction Survey distributed to residents this summer.
General Government: Financial/Grants
Ms. Burton reported that second requests have been mailed to those residents that have not completed their LMI survey. The return of the surveys is critical for the City to be eligible to receive a Community Development Block Grant.
Steve Hansen with Northwest Kansas Planning & Development will attend the December 15th Council meeting to present a resolution for the Kansas Department of Health & Environment revolving loan application. The City will hold the required Public Hearing for the loan application at the January 5th meeting. The loan will provide low-interest funding for the City’s required wastewater treatment plan improvements.
The annual rabies clinic will be held January 24, 2015.
Water
The City has received a letter from the Kansas Department of Agriculture authorizing the City to regulate private domestic wells through December 31, 2015. The City must annually request this authorization.
Attorney
City Attorney Olavee Raub reported that the Ellis Review and Luke Karlin have come to an agreement on the property located at 1018 Washington. Mr. Karlin now owns the entire building and the Ellis Review has been released from liability for any code violations.
Mayor/Council
Council member Dave McDaniel plans to present some drawings for the proposed parking lot at 9th and Jefferson.
Council member Gary Luea plans to meet with the Division of Water Resources in Stockton this week to secure additional property for test hole drillers. Mr. Scheuerman requested to accompany Mr. Luea.
EXECUTIVE SESSIONS
Mayor Lyle Johnston called for an executive session to discuss property acquisition. A 5-minute executive session was proposed starting at 10:17 p.m. Mayor Johnston asked for a motion to recess. Council member John Walz moved to recess to executive session to discuss property acquisition with the City Attorney and Public Works Director present. Council member Jolene Niernberger seconded the motion. The motion carried 5-0. The Council returned to open session at 10:22 p.m. No action was taken in executive session.
ADJOURNMENT
Council member Terry Redetzke moved and Council member Dave McDaniel seconded a motion to adjourn the meeting. The motion carried unanimously. The meeting adjourned at 10:26 p.m.