Minutes of Meeting- October 2, 2019

Caldwell City Commission

Minutes of Meeting – October 2nd, 2019


The Caldwell City Commission met in regular session at the Caldwell Public Works Building on October 2nd, 2019 at 12:05 p.m.  Mayor P. Mark Arnold was absent. Commissioners Michelle Schiltz and Jill Kuehny were present. Casie Risley, City Administrator, Rebekah Rickstrew, Interim Police Chief, Marc Marcum, Public Works Foreman, and Troy Dierking were present. Guests present were Joel Hudson, Tony Young, Eva Young, Velta Glenn, Lisa Roths, Crystal Reynolds, Carolyn Sandell, Bryan Bobek, Teresa & Mike Weekley, Debbi Cay, Annette Leap, Lonnie Creed, Chuck Pryor, Kathy Risley, JD Good, Carolyn Rauch, Kendal Creed, and Mike Roths.  


The minutes of the September 18th, 2019 Regular Meeting were read and approved pending the correction that Commission Kuehny was present by phone on a motion from Commissioner Schiltz and seconded by Commissioner Kuehny. Motion Carried. 


Jill Kuehny, Commissioner took a moment to review the City Commission Meeting Decorum handout that had been given to all present members at the beginning of the meeting. 


Kendal Creed was present to address the Commission and thanked them for his time to speak. He expressed his concerns and frustrations regarding the Police Department and City staff. He noted that firing past Police Officer Mike Roths was a mistake. One of his concerns was that policies were not followed regarding hiring and firing; Commissioner Kuehny assured him that they were in place and adhered to. Kendal referenced a petition that had been circulated in protest of former Officer Roths no longer being employed with the City of Caldwell. He noted that there were many who refused to sign because of their feelings towards the reception of City Hall employees. He stated they were scared, did not want to feel belittled, or shut down. He proceeded to explain that during a past incident regarding ding dong ditchers at his house, former Officer Roths was the only one who offered him assistance. He explained that he had gone to City Administrator Casie Risley for help and was denied. Casie Risley, City Administrator informed him that his statement was false and that he had never had a meeting with her or requested her assistance regarding the issue. He inquired about the proper channels to follow when he had a request or inquiry. Commissioner Kuehny informed him that she would be willing to help him with any further issues he may have. 


Mike Roths, former Caldwell Police Officer, was present for clarification regarding comments he had received that he did not have the best interests of Caldwell in mind. He noted that when he was hired as a Police Officer in Caldwell, it was clear that he had intentions of running for Sheriff. During that time, he noted that he had filed a complaint against current Sumner County Sheriff Darren Chambers. He then stated that he had made the decision 6-8 months ago to not run for Sheriff. He stated that this was one of the reasons that were given when explaining that he did not have the best interest of Caldwell in mind. While expressing how he felt his interests and commitments were best for Caldwell, he noted that he responded to multiple calls while he was off-duty. He stated that several of those times were because dispatch stated they did not have anyone else available to take the call and because he was local, regardless of what he was doing at the time, he would take them. He also stated that he did not charge on-call time or overtime to the City when he responded. He expressed his thoughts regarding out of town officers using the Police Department vehicles for transportation to and from work. Mr. Roths stated that he was aware that the City cannot discuss employment details but after reviewing the bylaws he did not find himself to ever be in violation of them. He noted that he was given a raise in the previous months as well. Commissioner Kuehny interjected and stated that the City Policy does not require a notice of reprimandation. Mr. Roths proceeded to request that the City release his personnel file to him so that he can release it to the public. Commissioner Kuehny stated that she understands the difference of opinion in interpretating rules and policies. City Attorney Troy Dierking informed Mr. Roths that he will review the grievance policy. Lisa Roths inquired about receiving answers and clarification of the noted statement regarding Caldwell’s best interest. Mr. Dierking informed her that they can discuss it further but not at that current time. Mr. Roths requested to speak in the executive session; his request was denied. 


Marc Marcrum, Public Works Administrator was present to inform the Commission that Landwehr Roofing was continuing work on the roof at City Hall. Despite being replaced, it is still leaking. He also noted that the department will be changing the bed on one of the utility trucks. The current truck bed will be replaced with a utility bed. The unneeded bed will be sold on PurpleWave.


The Police Department Report was presented and reviewed.  


The Municipal Court Report was presented and reviewed. 


An update was given on the Swimming Pool Project. It was noted that there will be a meeting with Don Paddock to finalize the pool design plans before the next Commission Meeting; information regarding that meeting will be posted when it is scheduled. The project timeline was reviewed. It was noted that the KDOC had released a memo stating all projects are to be awarded bids for all construction line items within 12 months of the project start date. 


A discussion was held regarding a public tour and presentation of the Carnegie Library building on Homecoming Weekend in hopes of generating interest in the building and idea-sharing for future uses of the building. Further details are to come. 


A handout was presented and reviewed regarding blight in communities. 


A Business Incentive was granted for Caldwell Ag Resources – Bryan Nispel. 


A motion was made by Commissioner Kuehny and seconded by Commissioner Schiltz to allow for the write off of the final Caldwell Swimming Pool water bill in the amount of $584.79.


Rebekah Rickstrew, Interim Police Chief will be attending the 2019 Annual League Conference. A motion was made by Commissioner Schiltz and seconded by Commissioner Kuehny to appoint her as the City Voting Delegate. Arnold – absent, Kuehny – yes, Schiltz – yes. 


It was noted that the City-Wide Cleanup and Day of Service will be on November 9th, 2019. Local groups will be encouraged to help. 


Appropriation Ordinance 2180 was approved with a motion from Commissioner Schiltz and seconded by Commissioner Kuehny. Arnold – absent, Kuehny – yes, Schiltz – yes.  


At 12:49 p.m. Commissioner Schiltz made a motion to enter into Executive Session to discuss non-elected personnel for 5 minutes. Troy Dierking, City Attorney was asked to be present. Her motion was seconded by Commissioner Schiltz. Executive Session was concluded at 12:53 pm. No motions were made.


At 12:53 p.m. Commissioner Kuehny made a motion to enter into Executive Session to discuss trade secrets for 10 minutes. Troy Dierking, City Attorney was asked to be present. Her motion was seconded by Commissioner Schiltz. Executive Session was concluded at 1:03 pm. No motions were made


There being no other business, the meeting was adjourned at 1:04 p.m.


Kristin Hutsler, City Clerk Mark Arnold, Mayor