Feb 13, 2012, 2012 Minutes

February 13, 2012 LECOMPTON CITY COUNCIL MEETING MINUTES

7:00 P.M. Mayor Mark L. Tunstall brought the Lecompton City Council Meeting to order at 327 Elmore, Lecompton, KS. This meeting is a continuance from the February 6, 2012 Council Meeting. Council Members Jimmy Wilkins, Tim McNish, Elsie Middleton, Christy Mallonee, and Jennifer Smith were present. The following were also present: City Clerk Lynley Sanford, City Superintendent Justin VanWinkle; residents Lori Wilkins, Bill and Vicki Roberts, Mr. & Mrs. Roger Guillory, Roy and Marsha Paslay, Sandra Nichols, Brenda Hastert, Kenneth Kibbee, Mary Jane Hoffer, Steve and Vickie Marino, Cyndi Treaster, Dorothy Smith, Barbara and Bob Jernigan, Bo March, Carol Mack, Charlene Write, Paul Bahnmaier, Carl Bahnmaier, Mary Lou and Bob Morris, Kim Stewart, Bonny Fugett as well as other members of the community that did not sign in or chose to remain un-named.

Lee Hendricks City attorney started the meeting by bringing forward a general contract in which we would be using a revised version that all parties agreed upon for lease/purchase of the Old Lecompton High School. Discussion of general terms, and changes in keys points of the contract were reviewed.

In regards to lease/purchasing with Roger Guillory and the New Covenant Ministries in general, from what he has gathered not a whole lot of research/background information has been gathered. Lee compared this situation to one of someone who wanted a simple tax abatement, in which the paper work for that is 9 pages long. We haven’t asked for New Covenant ministries or any other interested party to give us information about their intentions or financial backing.

Mayor Mark L. Tunstall opened the floor to public comment and concern about the lease/purchase of the Old High School

Public Comment:

These comments are some of the questions/concerns from public citizens regarding New Covenant Ministries lease/purchasing the Old High-school Building:

– Whoever is in the building, if they are not doing what they stated the original intent of use or purpose of building was to be used for and there are community complaints – could the governing body decide to end the contractual arrangement?
– It is my understanding that the lease/purchase is for a $1.00; could we lease/purchase the building for more than $1.00 to show “good faith” for care/repair of the building?
– Would we be able to add stipulations to the contract that would all the ability of the governing body to inspect the interior of the building on a monthly basis?
– A search committee was supposed to be formed and I signed up for it but was never contacted back about formation of a committee (Brenda Hastert)
– What is the plan on the table right now?
o To look into pursuing negotiations of a contract with Roger Guillory and New Covenant Ministries
– Have they done anything with casualty insurance yet?
o Yes the city has damage insurance on the building and maintains personal injury/liability insurance on the building as well
– Can we put in a default clause? Default on the property utility payments, who is responsible? Would they carry over to the city?
o No if the tenants/owners defaulted on their utilities, then the repayment of that would not fall back on the city.
– Is New Covenant Ministries a new ministry?
o Yes
– Would the lease/purchase be to a person/s or to a church?
o To a Church

– Do you still have to meet the state requirements for so many sq. ft. per child; fire escapes; etc?
o Yes
– There is already a k-4 afterschool care program part time during the week, what would make parents want to bring their children to your program as opposed to using one that is already available?
– An SB 123 – community program for drug/alcohol program, if we don’t have control over what programs the church utilizes the building for, we could run into problems. Community vs. patients receiving treatment and substance abusers being in the same facility as children.
– Amount of start-up capital just seems really inadequate at $1000
– I think you should see the building out right
– Have 38 years of experience in education, I am not opposed for the after school program, but we already have Kaw Kamp for kids – feels most public schools have programs already set in place – with the substance abuse program I feel that it will bring drugs/alcohol/gangs into the community. Not that 8th graders are doing drugs or are in gangs, but their older siblings that could be picking them up could be. I do not want people outside my community to come in and become familiar with the area and bring gangs/drugs into the community and put my home/belongings at risk.
– I have worked very closely with Roger and Camay Guillory and I would like to establish the character of the people you are looking at working with. They are very kid oriented. Roger has the attitude of “if you build it they will come”. And they will come – He has a very successful Christian athletic team, these are the type of people you want in your community, to help create programs like kids committed to kids which they helped organize.
– I am very uncomfortable with the idea of it being a new start business – would be more comfortable with a business that was growing and needed a larger space.
– Would there be Sunday church services provided in the building? – Yes
– Would you have Spring Break child care available? – No – What about summer break? – Yes
– Will Mr. or Mrs. Guillory be at the center every day after school? – Yes that is the plan
– What is the fee scale for providing child care services there? – $100 holding fee to hold the child’s spot in the program; and an additional weekly charge of $25-$35 for 3 days a week of care.
– Would like to see a committee formed consisting of 1 council member, 1 planning commission member, and at least 3 other representatives to find someone for the building.
– Why would it be bad for the city to be a landlord?
o Collect rent/what if a tenant doesn’t pay?
o Repairs can be costly on the building
o Collections
o Commercial lease is different and much harder to end
– Any chance of keeping auditorium and conference room and renting the rest of it out?
– Don’t want to become the “slum” of Lawrence
– We don’t have a good city website where you can access information
– Other avenues residents would like to see information on the Old High school provided: Internet, Newspaper, develop a brochure and hand it out, contact architecture offices.
– Historical Value in that building – not want to change the interior structure of the building much.
Ends public comment pertaining to Old High-School Lease/Purchase

Jennifer Smith motioned to proceed with a contract for lease/purchase with New Covenant Ministries. Christy Mallonee Seconds the motion. Further discussion on the motion:
– We need to make more efforts – not ready to proceed without due diligence
– Church that is very community oriented
– Like the idea of afterschool program and bringing a “togetherness” of the community.
– If we proceed tonight we are ignoring the majority and not giving due diligence

Vote: 2 yay 2 nay +1 nay by having to vote on it tonight
At this time the council moves to not proceed with the contract with New Covenant Ministries

Jimmy Wilkins motioned to form a search committee and to have them present in30days with any new leads for interested parties to lease/purchase the old high school building. Elsie Middleton seconded the motion. Further discussion on the motion:
– Sandy Jaqout: I’d like to see real research on this – 3 months isn’t too long of a time period to wait – if someone is coming in with a similar program and is using government grants, I think it would be smart to know what grants have been applied for.
– Elsie Middleton being the previous voted Council member representative to look into interested parties in the Old High-School building should continue as leader of the search committee, Jimmy Wilkins will be member at large.
– Lynley will get contact information of those interested to Elsie Middleton
Motion carries 3 yays – 2 nays

Roger Guillory thanked the council members for allowing him the opportunity for even hearing his proposal

Lee – It would be wise to have Lynley present at one meeting every month in the meeting minutes and agenda to show this crowd, the City Council members and the rest of the crowd the monthly cost of the building and what it is costing the City. I would also suggest for future reference, that the City Council move to hold a special meeting for the discussion of matters of this nature.

Lee – regarding the matter of Bill Roberts: The resolution has been passed – it is up to the council after February 16th, 2012 on how they would like to move forward in regards to clean up on Bill Roberts’s property.
Lee requested to go on record that Denzil Hackathorn was asked on Wednesday 2/8/2012 to address some issues with dilapidated structures on his property and had 6 people cleaning up his property on 2/11/2012. The matter of Bill Roberts’s property has been more than adequately discussed and the City can proceed as deemed necessary.

Bill Roberts requested that Lee appoint someone to come look at his property and see the work he has done and that he is in compliance with the resolution.

Further discussion incurred between Bill Roberts, the City Council, and Lee Hendricks

9:30 PM Jimmy Wilkins made a motion to adjourn. Christ Mallonee seconded the motion and the vote passed 5 yeas, 0 nays.

Lynley Sanford, City Clerk