January 3
CITY OF HIAWATHA
CITY COMMISSION MINUTES
TUESDAY, JANUARY 3, 2006
5:35 P.M.
The Hiawatha City Commission met in regular session January 3, 2006 at 5:35 p.m. at City Hall with Mayor Trant, Commissioner Collins, Commissioner Schmitt, Commissioner Gamble, and Commissioner Shamburg in attendance.
1. Pledge of Allegiance/ Call to Order
2. Approval of minutes of the December 27, 2005 city commission meeting.
Commissioner Schmitt made a motion, seconded by Commissioner Gamble to approve the minutes of the December 27, 2005 city commission meeting. Motion carried, 5 ayes.
3. Presentation of petitions, public comments, memorials
4. Old Business
New Business
5. Consider a request for partial payment #21 to A.H.R.S. Construction, Inc. for Phase 1 work on the Waste Water Treatment facility.
City Administrator Slaugh stated that the Phase I project is complete but there are still some minor items that need to be wrapped up including the road. The aero-mod basin has been completed including a walk-way and railing. City crews have moved from the North Plant to the new facility and transferred phone lines.
City Administrator Slaugh stated there is still a question on Phase I whether to impose liquidated damages. If the city incurs any additional costs associated with the missed deadline, the contractor could be billed for those costs. A.H.R.S. has sent a letter stating why they did not meet to deadline. Final costs from the engineer will determine whether we impose liquidated damages.
Commissioner Collins made a motion, seconded by Commissioner Shamburg, to authorize partial payment request #21 to A.H.R.S. Construction, Inc. in the amount of $25,992.50 subject to final approval by Rural Development and authorize the mayor to sign the necessary documents. Motion carried, 5 ayes.
6. Consider a request for partial payment #9 to A.H.R.S. Construction, Inc. for Phase 2 Part A work on the Waste Water Treatment facility.
City Administrator Slaugh stated that the project has been moving along well despite bad weather. It will probably be finished in 2-3 months and with this request the project is 86% complete in the dollar amount expended. This payment request is for the last month’s work.
Commissioner Gamble made a motion, seconded by Commissioner Shamburg, to authorize partial payment request #9 to A.H.R.S. Construction, Inc. for Phase 2 Part A work on the Waste Water Treatment Facility in the amount of $99,481.50 subject to final approval by Rural Development and authorize the mayor to sign the necessary documents. Motion carried, 5 ayes.
7. Consider an application for time extension for the Community Development Block Grant for the Waste Water Treatment facility, Phase 2.
City Administrator Slaugh stated that the current completion date we have registered with is the end of December 2005. Since the project was not completed, we are requesting a 6 month extension to June 30, 2006
Commissioner Schmitt made a motion, seconded by Commissioner Gamble, to approve the request for a six-month time extension on the Community Development Block Grant for Phase 2 of the Waste Water Treatment facility and authorize the mayor to sign the necessary documents. Motion carried, 5 ayes.
8. Consider approval of a certificate of substantial completion on the Crosswind Industries project.
City Administrator Slaugh stated that a certificate of substantial completion is a formal certificate that starts the warranty period and the performance bond by the contractor. The facility has been inspected and the punch items have been completed. Final project amounts to date: Building, property and site preparation - $1,728,455.66, Utility - $457,377.66, Total Project cost - $2,185,833.52.
Mayor Trant stated that the numbers quoted do not match the numbers in the packet.
City Administrator Slaugh stated that the figures have been updated with last payment requests from Creal-Clark. One payment request is still pending.
Commissioner Schmitt made a motion, seconded by Commissioner Gamble, to approve the certificate of substantial completion for the Crosswind Industries project on South 12th Street and authorize the mayor to sign the required documents. Motion carried, 5 ayes.
9. Consider changes to the “PERSONNEL POLICIES AND GUIDELINES FOR THE CITY OF HIAWATHA, KANSAS,” DATED JANUARY 20, 2005 and the Hiawatha Municipal Code.
City Administrator Slaugh stated that the main issue deals with the supervisory responsibility with the city administrator in regards to department heads and appointed personnel like the city clerk. Some of the discrepancies have been perpetuated since we have had city administrators in Hiawatha. The Municipal Code contains conflicting guidance on the supervision for the police chief and the city clerk. City Attorney, Don Cashman, prepared a letter that is included in the packet and he is present tonight to provide guidance.
Mayor Trant stated that the City of Hiawatha is essentially a $4 million a year service industry. To run any organization of that size with that budget takes a good deal of communication, coordination, and cooperation. We have perpetuated one of the state statutes in the municipal code by giving the commissioners and the mayor specific duties. This was carried into the revised municipal code. This discrepancy is not only with the city clerk but also with the other appointed offices. Authority for the city’s operation flows from state statutes and this is the last word in how things should be done. In any governmental operation there has to be a system whereas no one can take inappropriate action and that again is spelled out in Kansas statutes with the various positions that are required of a city. State statues require us to appoint a city clerk, municipal judge, city attorney, city treasurer, city marshal, city fire chief, and any other position deemed necessary. City officers’ duties are prescribed by Kansas statutes. There are 199 references in the state statutes to the duties of the city clerk. Some of those are duplicates in the different classes of cities. There are 58 references to a city treasurer, 48 to a city attorney, 73 to a municipal judge, 16 to a fire chief, and 93 to a fire marshal. City officers need some autonomy in performing their duties. That is the thought process that went into the personnel description.
Commissioner Gamble stated that he still sees the same problems since the personnel manual was adopted. Too many people are supervising one person. There needs to be some clarification on who (City Administrator, City Clerk, Asst. City Clerk, Code Enforcement, Economic Development Coord., Fire Chief, Fisher Center Director, Chief of Police, Streets and Park Superintendent, Wastewater Superintendent, and Water Distribution & Light Superintendent) they report to on a daily basis. The city attorney pointed out in his letter to us that it would be real hard for the commission to supervise the city employees with the grievance procedure. Authority was delegated to the city administrator in the Municipal Code in 1979. Personnel policies need to be changed so that everyone knows what the chain of command is and who they report to on a daily basis. I have made some changes to the personnel guidelines.
Changes that Commissioner Gamble would recommend:
Personnel Policies
City Administrator:
· Under the heading Reports To, it reads the Governing Body and Mayor, omit Mayor because the Mayor is part of the governing body
· Under the heading Position Summary in the second paragraph, omit under the supervision of the governing body and Mayor because this is covered under the heading Reports To. The paragraph will now start with The City Administrator acts
· Under the heading Duties in the paragraph that begins Administratively supervise, omit officials appointed by the Mayor and confirmed by the Governing Body, and replace with attorney, city treasurer, and municipal judge. The paragraph will now read Administratively supervise all non-elected city employees with the exception of the city attorney, city treasurer, and municipal judge.
· Under the headings City Administrator Position Requirements and Supervision in the second sentence, insert Municipal code section 2.02.050 B. It will now read This position with the confirmation of the Governing Body of the city has the authority to appoint and remove all heads of departments, except the city attorney, city clerk, city treasurer, municipal judge, chief of police, and fire chief; he or she shall heave the power to appoint or remove all other employees.
City Clerk
· Under the heading Reports to, it reads the Governing Body, Mayor and City Administrator, Omit Governing Body and Mayor
· Under the heading Position Summary in the second paragraph, omit Under the supervision of the Governing Body and City Administrator. The paragraph will now start with The City Clerk performs
Assistant City Clerk
· Under the heading Reports to, it reads City Clerk and City Administrator, Omit City Administrator
· Under the heading Position Summary in the second paragraph, omit Under the direct supervision of the City Administrator and the City Clerk. The paragraph will now start with The Administrative Assistant
Office Assistant
· Under the heading Position Summary, omit and City Clerk at the end of the first sentence.
Code Enforcement Officer:
· Under the heading Reports to, it reads the City Administrator and Governing Body, omit and Governing Body
Economic Development Coordinator
· Under the heading Reports to, it reads the Governing Body and City Administrator, omit Governing Body
Fire Chief
· Under the heading Reports to, it read Mayor, Governing Body, and the City Administrator, omit Mayor, Governing Body
· Under the heading Position Summary in the second paragraph, omit Under the direct supervision of the Mayor. The paragraph will now start with The Fire Chief plans and directs
All job descriptions will be referenced in the municipal code. Do not need under the direction of the mayor in the municipal code.
The rest of the city employees and department heads should report to the city administrator.
Schmitt: I agree with Curtis’ comments here and as it has been mentioned this municipal code was changed in 1979 to allow for a city administrator. Until 2004 there wasn’t a problem. When the personnel manual was voted on in 2004 it was passed by a 3-2 vote. Commissioner Gamble and Schmitt voted against the manual for the very issue being discussed today. It wasn’t a problem for 28 years and the changes need to be made in the personnel manual.
Commissioner Gamble made a motion, seconded by Commissioner Schmitt, to update the Personnel Policies and Guidelines, for the City of Hiawatha, Kansas with the aforementioned changes. Motion carried, 3 ayes, 2 nays. Commissioner Collins and Mayor Trant voted nay.
10. CONSENT AGENDA
a. Utility Billing Deposit Refund in the amount of $85.79
b. 2006 License Renewals for Cereal malt beverage (1), Plumbing (2), and Electrical (1)
Mayor Trant questioned whether the refunds came out of the utility petty cash account.
Jeanne Akins stated that the checks were not hand written did not come out of petty cash
City Administrator Slaugh stated that part of the procedure changed when we implemented the receipt management software which keeps better track of the refund checks because it all goes through the Summit system
Mayor Trant stated that the utility petty cash fund was set up for this purpose. The account is established by city ordinance and state statute and is supposed to keep a constant $1500 balance. Mayor Trant stated that he wanted to make sure it is not duplicated in an appropriation at a later date.
Jeanne Akins said that it will not be duplicated since checks were not written out of petty cash. They came from utility billing in summit.
Commissioner Schmitt made a motion, seconded by Commissioner Shamburg to approve the consent agenda. Motion carried, 5 ayes.
11. City Administrator Slaugh
City Administrator Slaugh stated that there will be a Jan. 14 Strategic planning session at Fisher Community Center. The City Commission Meeting will be on Tuesday Jan. 17 instead of Monday the 16th because of Martin Luther King, Jr. Day. On Jan. 19 there will be a Planning Commission and BZA meeting. It will be used as a training session to review basic guidance.
City Administrator Slaugh requested an Executive Session to discuss non-personnel for approximately 10 minutes.
COMMISSIONER GAMBLE MADE A MOTION, SECONDED BY COMMISSIONER SHAMBURG, TO RECESS INTO EXECUTIVE SESSION TO DISCUSS NON-PERSONNEL FOR APPROXIMATELY 10 MINUTES AT 6:23 P.M. MOTION CARRIED, 5 AYES.
Commissioner Gamble made a motion, seconded by Commissioner Shamburg, to return to Regular Session at 6:35 p.m. Motion carried, 5 ayes.
City Administrator Slaugh stated that Jim Scherer, CPA has corrected some issues and completed his allotted 40 hours of work. Jim feels like he still has 24 hours of work he needs to do: correct each month for payroll, formalize and document all entries made to correct January through September, show the person currently making entries to the accounting system the proper procedure to record payroll, and explain to the appropriate personnel the proper procedure to look for errors in the accounting system for each month after September.
City Administrator Slaugh stated that Summit has agreed to make an adjustment to the dates when we do payroll.
Commissioner Schmitt stated that it sounds like the issue is input errors not software errors.
Commissioner Schmitt made a motion, seconded by Commissioner Collins to approve 24 hours of additional time at $75/hr for Jim Scherer to correct the accounting system through September. Motion carried, 5 ayes.
12. Mayor Trant
13. Commissioner Collins
14. Commissioner Gamble
Commissioner Gamble asked whether anyone had followed up with the Railroad.
City Administrator Slaugh stated that there was no additional information to report.
Commissioner Gamble stated that he would like that issue to be resolved.
15. Commissioner Schmitt
Commissioner Schmitt asked whether we have had any correspondence from the facilitator.
City Administrator Slaugh stated that she will be emailing a questionnaire that will need to be back in a week.
16. Commissioner Shamburg
Commissioner Shamburg made a motion, seconded by Commissioner Gamble, to adjourn at 6:42 p.m. Motion carried, 5 ayes.