CITY OF
MINUTES REGULAR COUNCIL MEETING FEBRUARY 14, 2007
MEMBERS PRESENT: Larry Coursen, Bob Sisson, Ira Allen, Rich Hamit, Bruce Smith, Mayor Jack
Young.
OTHERS PRESENT: Frank Rhodes, Don & Ruth Thornton, Jon Brady, Ken Krause, Bev Hix, EulaLee
Fuller, Peggy Waldman, Vic Robbins, Kris Stangis, Michael & Jenna Blood, Jim
Koger, Bob Call, Ed Harmison, Cheryl Brown, Everette Dannar.
The meeting was called to order by Mayor Young at 7 PM. The clerk called roll.
MINUTES / WARRANTS: Larry Coursen moved to approve the minutes of the January 24, 2007 meeting as written. Bruce Smith seconded, motion carried 5-0.
Bob Sisson made a motion, seconded by Larry Coursen, to pay all warrants presented. Motion carried 5-0.
DAMAGE CLAIM/THORNTON: Don
and Ruth Thornton came before the council to report that the city’s insurance
company, EMC, has notified them that they have verified $3,000 worth of
damages. However, their offer for settlement is $1,000. EMC
feels that the contractor doing the sewer rehabilitation work for the city,
Joshua Excavating, should be responsible for the remaining $2,000.
LIBRARY: Peggy Waldman informed the council that the alley behind the library is really a mess due to the recent sewer line replacement. It’s causing problems with employees and also those using the handicapped parking. Waldman said that a small trench that was dug wasn’t much help, and that water has come into the back of the building. After discussion, Waldman was told that improvements will be made to the alley as soon as the weather permits, and Bob Call and Vic Robbins will be working on a plan for the improvements. Robbins said that it might never be perfect since the buildings are lower than the alley. The mayor told Waldman that July is the target date.
OVERBROOK PARK PROJECT: Jon Brady and Ken Krause were present to discuss the park project progress. Brady also asked if the council has made a decision about turning over control of the Jones Fund account at First Security Bank to the Overbrook Park Project committee. Brady told the council that the committee has set up some accounts to be used for the park project. Ira Allen said that the committee is needing some funds for the legal issues to set up tax shelter accounts so that people can start making donations. Bruce Smith moved to have Jack Young’s name removed from the current account and representatives from the committee be authorized to write checks on that account. Cheryl Brown asked if the account records will still be included in the city’s annual audit or if the committee will make other arrangements. Ken Krause said that hasn’t been decided yet.
Ken Krause reported the results of the grant applications. A $126,679
grant has been awarded to the City of
Krause said that the Project does have a board and all the financial issues will go before the board for approval.
SEWER PROJECT: Vic Robbins came to give an update on the sewer rehab project. Robbins said that there wasn’t too much to report on the rehab. However, he did tell the council that the lift stations are subject to future failure, especially during a power failure and he recommends having a maintenance agreement with Ed Hickman. Robbins said that he’s learned there are automatic calling devices that will monitor the lift stations. These work on cell phones which would eliminate installing additional phone lines. It would cost about $1800. Hickman puts on training courses for lift station operators in addition to performing maintenance. Robbins asked Hickman to send more information regarding the training sessions. Robbins said that since KDHE requires the city to do a study of the maintenance and reliability of the lift stations, having the training and maintenance agreement would be very beneficial. Hickman is going to provide a report stating everything that he’s done to the pumps, and what remains to be done.
Robbins said that he’s trying to get the quarterly progress reports for the sewer rehabilitation project up to date. He is concerned that more hasn’t been done on the project. Robbins hasn’t had any response from Joshua Excavating since Robbins sent him a list of items completed and those to be completed. The city clerk said that Donna Crawford is still working on all the paperwork required for the grant. Joshua Excavating still has about $185,000 coming IF they finish the project.
Robbins said that he’s been asked to look over the plans for the force main sewer for FAR Properties by Todd Goodyear, the subcontractor. He agrees with Goodyear about a couple of changes that Goodyear would like to make. One is to install a fire hydrant at the end of the water service line; the other would be to use gasketed-pipe rather than glued pipe. Ira Allen said he thought a fire hydrant was planned. Frank Rhodes said he would talk to their engineer about the changes. Bruce Smith asked about the easements from the Overbrook Fair Board. Cheryl Brown said the easements have been signed, and will be recorded.
Frank Rhodes asked if it would be okay if, when the high-pressure sewer line
and the water line are dug, to let either Vic Robbins or someone from the city
do the inspection since everything is in the specs prepared by Kramer
Engineering. This would eliminate them having to pay another
engineer. Robbins said that the sewer installation requires
constant inspection, not just when it’s connected to the city’s system.
Robbins said that Kramer would have to give his approval, and FAR would have to
pay him if he does the inspection.
The council reviewed the proposal from Hickman Environmental for the maintenance of the lift stations. After discussion, Bruce Smith moved to approve the contract with Hickman Environmental for $1200/year for the maintenance of all equipment and components on the pump stations, providing both are included in the three visits per year. Larry Coursen seconded; motion carried 5-0.
Robbins told the council that he feels that the city has paid more than their share of the bill from Maryco for the asphalting on Kansas State Bank property as a result of the sewer rehab work. The council agreed that a letter needs to be sent from the city attorney regarding this matter.
ASH STREET DRAINAGE: Kris Stangis said she hasn’t signed the letter to property owners about addressing the drainage issues in her block of Ash Street because it doesn’t clarify exactly what changes will be made. Robbins hasn’t prepared final plans, but he thinks that basically the ditch will be leveled and made about 6” deeper with the berm increased on the west side of the ditch. He did say that Stangis might lose her little garden spot. Mayor Young asked Robbins to make a drawing so that the property owners can visualize what will be done. Stangis was assured that the ditch will be maintainable. Robbins said that the property owners need to mark the property lines before any work is started. Mayor Young said that the city will not make any changes without signed agreements from all the property owners. Stangis asked what would happen if the house next door sells before the changes are made. The mayor said that he would have to check with the city attorney.
SCHOOL CARNIVAL DONATION: Cheryl Brown said she had been asked by one of the school employees if the city would be willing to donate half the cost of a family pool pass to be one of the prizes at the school carnival. Brown said she isn’t sure what a family pass costs. Rich Hamit made a motion, seconded by Bruce Smith, to donate a family pool pass to the school. Motion carried 5-0. Brown will take care of making a certificate for the pass.
MISCELLANEOUS: The following items were tabled:
1. Re-appointment for the Housing Authority
2.
CITY HALL REMODELING: Bruce Smith moved to accept David Alcorn’s bid of a maximum cost of $500 to make the changes in the entry area of city hall. Larry Coursen seconded; motion carried 5-0.
RURAL WATER METER: Mayor Young said that the council needs to be aware of requests made by Jaci Boeka, one of George Maichel’s daughters, regarding the lease agreement for the city wells and also water usage from those wells. Copies of the agreements and the water usage reports dating back to the late 1950’s have been mailed to her, but Mayor Young hasn’t been told exactly why she wanted the documents. Boeka was under the impression that because of some of the city’s wells were located on her father’s property, there would be no usage fees for any water used by Maichel. The clerk said that up until 1993, water usage was billed to George Maichel, and produced the ledger showing the billing and payments. Mayor Young had told Boeka that the city was considering removing the pasture meter, but she asked that it not be removed. The mayor has been told that water has been used since the meter was supposed to have been shut off back in 1993, the time of the last billing, but the meter reading has not changed. Bruce Smith suggested locking the meter.
LAW REPORT: Chief Ed Harmison reviewed his written report for the council. Chief Harmison asked how the police department should handle residents not licensing their dog and cat licenses. The council agreed by concensus to not do a city-wide mailing, or go door-to-door at this time. If an animal that’s picked up doesn’t have a current license, tickets should be issued for it being at large and also not having a valid city license. Beverly Hix asked what the penalty would be for the tickets. Chief Harmison said that the fine for not having a license is $60 with $60 court cost. The fine would be the same for an animal at-large, licensed or not.
CLERK’S REPORT: Cheryl Brown reminded the council that Patty Hylton has provided them with the financial reports even though she couldn’t be here. Brown said that she will be sending the easements for the FAR Property to the Register of Deeds to be recorded.
CONNECTING LINK AGREEMENT:
Ira Allen moved to decline the connecting link agreement with
WATER LEVEL SENSOR: Jim Koger told the council that he and someone from Pedrotti’s are still working on getting the water level sensor at the water tower to work with the right phone numbers, etc.
EXECUTIVE SESSION: Ira Allen moved to go into executive session from 8:40 pm to 8:45 pm. Rich Hamit seconded; meeting was recessed. The mayor called the meeting back to order at which time no action was taken.
COUNCILMEMBER COMMENTS: Rich
Hamit said that he thinks that Bob Call and Jim Koger should attend the Kansas
Rural Water Assn. meetings in
MAYOR’S REPORT: Mayor Young asked the council members to really study the Planning Commission’s recommendations for changes to the current zoning regulations.
PUBLIC COMMENTS: Kris Stangis came before the council to discuss some problems with her son, Joshua. who is 5 years old. Stangis had a meeting at the school on February 9, 2007 with the principal, Gary Foulke, and Chief Ed Harmison and her son’s mental health advocate. Her son was diagnosed last October with high-functioning autism. On December 8th her son ran away from school and made it all the way to their house. Stangis was upset that her son had come all the way home, even though he was being followed by the principal and the police chief. Stangis invited both the principal and Chief Harmison into the house to discuss Joshua. Harmison asked the principal what he should do. Stangis said she wanted Joshua to go back to school, and the principal said the same thing. Stangis said that she’d put her shoes on and take Joshua to school. Harmison stated that he would take him back to school, and that’s what happened. Stangis said she asked for the meeting at the school to try to come up with a plan to try to prevent Joshua from running away again, and what to do if he does run from school again. Stangis was told by Chief Harmison that Joshua could be taken to Lyndon and put into child protective services under these conditions.
Stangis felt upset and intiminated that she was not allowed to take Joshua back to school, and that Chief Harmison told her that he was bound under state law to consider Joshua as a “child in need of care” if he leaves the school. Stangis said the point of the meeting at the school was to build a bridge in the community between the school and the police and herself so that in the event that Joshua does run away from school, that he would be returned either to her or to the school. Stangis said that Linda Witten, who’s Joshua’s mental health advocate, had tried to explain autism in more detail, but she didn’t get very far. Stangis had brought up the “arrest report” on Joshua. She said that Chief Harmison got very upset, and left the meeting at that point. Stangis also told the council that prior to his leaving the meeting, Harmison had made a statement that maybe the school isn’t where Joshua belongs. Stangis said she was immediately upset because she’s a taxpayer, her child is protected by the “No Child Left Behind” act, and finally the Three Lakes Cooperative is funded both federally and by the state to deal with children with disabilities. Stangis said that Harmison had also said in the meeting that she needed to get with Michael Coffman because neither he or the city would take personal liability if her son is endangered. Stangis said that she though it was very immature of Chief Harmison to leave the meeting the way he did. She also questioned why Joshua should be considered a child in need of care when he was in his own home, with a parent there also.
Stangis asked the council if they had seen the police report, at which point Chief Harmison said “No one will see it, either”. Stangis then said that the report is a matter of public record, and she’s going to show it now. Harmison replied it was so noted. Stangis told the council that when she asked for a copy of the report on December 11th, Harmison was reluctant to give it to her and wanted to know what she was going to do with it. Stangis then said that she really didn’t want to bring all this up before the council, but the information in the report was disturbing to her as it described Joshua as a 100 # male who resisted arrest and displayed bizarre behavior. Stangis asked during their meeting that if Joshua is ever picked up again that he not be put in the front seat. Harmison said during the meeting that he doesn’t put people in the back seat because his patrolcar doesn’t have a cage.
Stangis produced a letter from Michael Coffman written to Chief Harmison as a result of Chief Harmison’s visit to Coffman’s office the day of the meeting with Stangis at the school. The letter upset Stangis because it implied that Joshua has run away from school “numerous times” and that there was never a parent at the home. She also was concerned that Coffman’s letter stated that “he has some concern about the legal position of the city placing a child back into the environment known as unsafe based on this child’s condition. In light of significant efforts being made by the school, and the parents, and Linda Witten should the child run away again I do not believe it’s unreasonable for you to return the child to school.”
Stangis said she has shared all of this because Chief Harmison is employed by the city, and she’s concerned about the possibility of her child being taken to Lyndon in the future. Bruce Smith asked if this has happened more than once. Stangis said that Joshua ran away from school on October 30th, and the school called her and she found Joshua by the pool, and then again on December 8th when all of the above happened.
Mayor Young said that if Joshua runs away again, and there is no parent at the home, that the important thing is to keep him safe. Ira Allen said he would like to hear Chief Harmison’s side of the story, and wanted to know why he would leave a meeting before it was over. Harmison said that things were getting too emotional, and there were still people there to continue the meeting. Harmison then said that on the day in question he initially got the call from the school saying they had a runaway child. He then went to the school where he was told that there were two para’s/teachers after the child and that he was headed towards the old middle school. On the way there, Harmison passed one teacher and Mr. Foulk in the area. At the top of the hill, Harmison could see the child on the porch entering the house. He then knocked on the door and was invited in, as well as the teacher and Mr. Foulke. There was a conversation about why Joshua shouldn’t run away from school. Harmison then offered to take him back to the school in the patrolcar to be somewhat of a reinforcement to the child that what he’d done was wrong. Harmison said that he told Stangis in response to her asking what would have happened if she hadn’t been at home, that he would have taken him into protective custody. Harmison said that he had filled out an arrest report, which is also a run away report, and filed it in his office without forwarding it to KBI, the county attorney or anyone. He was reluctant to give her a copy of the report when asked. Harmison said that a child safety seat has been purchased for future use. He then said that he doesn’t have anything against Stangis or her child, but he is not going to put himself or the city in a liability situation. If he finds a 5-yr old child who’s run away from school, something has to happen. He doesn’t determine what happens to the child, and that the law so states that he take the child to Juvenile Intake in Lyndon where an evaluation would be done. Harmison stated that Joshua would have been released to his mother in a heartbeat.
Stangis said that the only reason she wanted to discuss the police report was Joshua’s behavior as being “bizarre” in light of the fact that he’s been diagnosed as autistic. And she also said that the wording in the statute sent by Michael Coffman indicates that a police officer has some discretion about what happens to the child unless there are reasonable grounds to believe that such actions (leaving the child with a parent) are not in the best interests of the child. Mayor Young asked Chief Harmison if he understands the statute the same way---that if he picks up a runaway child under 18, and there is no reason to believe that the home is not a safe environment for the child, that the police officer can take the child back to the home, provided there is a parent present. Stangis said that was the point she was trying to make at the meeting since she was at home on the day of the incident. Bob Sisson said that his sister has gone through this situation numerous times with her son who’s autistic.
Mayor Young said that this situation needs to be discussed more, but with all the people involved present. The mayor said that if Joshua runs away again, he wants him returned to his home if a parent is at the home, or taken back to the school. The mayor’s point is that Joshua is taken care of the best way possible. If there’s no parent at the home, or Joshua runs away from school several times in the same day, then Joshua should be taken to Juvenile Intake in Lyndon. Chief Harmison asked the mayor to talk to the city attorney about that.
There being no further business before the council, Larry Coursen moved to adjourn. Bruce Smith seconded; meeting was adjourned at 9:32 PM.
Respectfully submitted,
Cheryl L. Brown
City Clerk
APPROVED: March 14, 2007