Council Meeting September 14, 2009 Council Chambers: ROLL CALL: The City Council of Lincoln Center convened in regular session at 7:30 p.m. with Mayor Glenn M. Stegman presiding. Councilmembers present: Jack D. Crispin, Jr., D. Leon Kingan, Gwen Knight, Joel Mahin, and Arletta R. Morse. Officials present: Attorney Daniel D. Metz, Clerk Rose M. Gourley. Also present: Superintendent Jesse C. Meyer. VISITORS: Others in attendance for all or portions of the meeting: Larry L. Douglas, Jayne Feldkamp, Mona Wolting, and Amy Hawkinson. MINUTES: Minutes of the August 10, 2009, regular meeting were approved as written. PAYROLL VOUCHER: Payroll Voucher No. 09-08, for August wages and salaries in the amount of $54,229.27, was presented. A motion by Morse, seconded by Crispin, to approve said Payroll Voucher, carried. ACCOUNTS PAYABLE: Accounts Payable lists were reviewed. Invoices prepaid in August totaled $94,354.63. Unpaid invoices received to date totaled $178,320.83. Upon motion by Crispin, seconded by Knight, all said invoices in the amount of $272,675.46, were approved for payment. DELINQ. ACCNTS.: The Governing Body reviewed a list of eighty-eight delinquent utility accounts totaling $15,046.16. Clerk Gourley explained that most of the accounts had just gone past due, and the number and size of the delinquency was normal for this time of the month. 2008 AUDIT REPORT: Larry L. Douglas, on behalf of David A. O’Dell, C.P.A., presented City of Lincoln Center Financial Statements for the year ending December 31, 2008. He first reviewed the Special Financial Statements, indicating compliance with Kansas cash basis and budget laws. In reviewing the Enterprise Funds, he noted certain funds had suffered somewhat in 2008; however, they retained healthy balances. He said both sets of Financial Statements presented a clean opinion of the City’s position. A letter identifying certain internal control deficiencies and recommendations was briefly discussed. Morse moved to approve and accept the Auditor’s Report and Financial Statements. Motion seconded by Kingan, carried. 2009 & 2010 AUDITS: A proposal for audit services for the years ending December 31, 2009 and December 31, 2010, was received from David A. O’Dell, CPA, LLC. The terms of service were outlined in Mr. O’Dell’s letter dated September 4, 2009, and included a fee range of $7,800-$8,900 for 2009 and $8,200-$9,000 for 2010. Upon motion by Crispin, seconded by Mahin, said proposal was accepted. CMB APPLICATION: An application for license to sell cereal malt beverages at the Hungry Hunter Restaurant was received from TAG, Inc. with the place of business to be operated by Manager Jayne Feldkamp. Jayne Feldkamp and Mona Wolting were present to receive and answer questions regarding their knowledge of the applicable laws governing the sale of cereal malt beverages for consumption on the premises. There followed a motion by Knight, seconded by Morse, to issue said license for 2009. Motion carried. GAAP WAIVER RES. 09-07: There came on for consideration Resolution No. 09-07, entitled “A RESOLUTION BY THE GOVERNING BODY OF THE CITY OF LINCOLN CENTER, KANSAS, CONCERNING THE FINANCIAL REPORTING FOR THE CITY OF LINCOLN CENTER, WAIVING GAAP.” Said Resolution waives the requirements of K.S.A. 75-1120a (a) regarding the financial statements and reporting for the year ending 2009. Crispin moved to adopt said Resolution. Motion seconded by Mahin, carried. CDBG R 09-PF-930: Several documents relating to the CDBG-R Water Supply Project were introduced. An Agreement for Administration services was received from the North Central Regional Planning Commission. The total compensation for said services, $13,000.00, would be paid by CDBG-R funds in the amount of $8,000.00 and City funds in the amount of $5,000.00. Crispin moved to authorize the Mayor and Clerk to execute said Agreement. Motion seconded by Knight, carried. Council Meeting Minutes – September 14, 2009 – Page 2 A Civil Rights/Fair Housing Policy was presented and reviewed. Said policy outlined the procedures for handling civil rights/fair housing complaints within the City of Lincoln Center. Mahin moved to adopt said Policy, seconded by Crispin. Motion carried. Upon motion by Knight, seconded by Kingan, written Procurement Procedures and Standards were adopted for the duration of the Community Development Block Grant project 09-PF-930. A motion was made by Knight, seconded by Crispin, to adopt the City of Lincoln Center Code of Ethics for all elected, appointed, paid or unpaid officials and employees. Motion carried. ROLLING HILLS AGRMT: Attorney Metz presented a Memorandum of Agreement between Rolling Hills Electric Cooperative Association, Inc. and the City of Lincoln Center. Said Agreement provided for the use, maintenance, and wheeling of electric energy over the 34.5 KV transmission lines owned by Rolling Hills. Terms of the Agreement were basically the same as the original 1988 Agreement and would now encompass a ten-year period ending September 30, 2019. Morse moved to authorize the Mayor and Clerk to execute said Agreement on behalf of the City of Lincoln Center. Motion seconded by Crispin, carried. POWER PLANT ENGINES: Superintendent Meyer provided an update on power plant engine repairs. He said the pyrometers on all five engines would need to be replaced at an approximate cost of $2,111.00. The #1 Superior engine had been put on line and was test running very well. Ted Bunn was continuing with his examination of the extent of repair needed on the #2 and #5 Superiors. SCOUT CABIN ROOF: Superintendent Meyer reported he had asked three contractors to provide quotes to replace the Scout Cabin’s roof. Only one had responded to date. Three options for roofing material were provided. Following discussion, a motion was made by Mahin, seconded by Morse, that the City approve the Bullfoot Contractors’ proposal in the amount of $7,742.92, installing Heritage 30-yr shingles. Motion carried. EQUIPMENT: Mayor Stegman and Superintendent Meyer reported on their ongoing quest to upgrade or replace some of the City’s equipment and vehicles, however, they had no recommendations to make at this time. NUISANCES: Attorney Metz informed the Governing Body that he would be filing complaints in municipal court to address several of the ongoing nuisance issues. PERSONNEL/PAID LEAVE: In order to provide equal treatment for all employees, Clerk Gourley asked that the City Council establish a policy for the granting of paid leave time in cases of emergency. One employee, whose home had been recently destroyed by fire, was granted 3 ½ days of paid leave. Another employee, whose home was destroyed by fire several years ago, had used 3 ½ days of his accrued vacation time following the fire. The City of Lincoln Personnel Policy currently has no provision for paid emergency leave. Discussion of the “emergency” definition and resulting consequences followed. It was suggested that other entities be contacted to determine how they handled similar situations. In the meantime, Crispin moved that the employee whose home was destroyed several years ago be reimbursed for 3 ½ days’ pay. Motion seconded by Morse, carried. REC. COMMISSION: Attorney Metz reported on a visit he had received from a member of the Lincoln Recreation Commission regarding the operation of the Rec’s “Gator” on city streets. City Councilmembers indicated they were still opposed to changing current ordinances to accommodate one entity. Metz also indicated the Lincoln Lions Club might review its position in regard to assistance with the Rec ball programs. FIRE INS. PROCEEDS: Clerk Gourley reported another receipt into the City’s Fire Insurance Proceeds Fund, ensuring the clean-up of certain fire-damaged or destroyed premises. The Governing Body discussed the allowable time frame for clean-up after a fire and the point at which the property would become a “nuisance.” Council Meeting Minutes – September 14, 2009 – Page 3 TOURISM COALITION: The Lincoln County Tourism Coalition, a committee of the Lincoln Area Chamber of Commerce, requested the City made a $1,000.00 contribution toward the reprinting of an updated brochure highlighting area attractions. The City had provided $1,000.00 in 2006. Mahin moved to approve said request. Motion seconded by Morse, carried. LINCOLN CO. HIST. SOC.: Upon motion by Morse, seconded by Crispin, a $25.00 membership in the Lincoln County Historical Society was approved. EMPLOYEE APPR. DINNER: Clerk Gourley reported she had made no plans this year for the employee appreciation dinner. STREETS/DEBRIS: Mayor Stegman relayed comments he had received regarding the practice of allowing residents to discharge grass clippings into the streets. Other communities prohibit such action. The matter will be researched further. ADJOURN: There being no further business, Mahin moved to adjourn. Motion seconded by Morse, carried. Council adjourned at 9:18 p.m. S/ Rose M. Gourley City Clerk