Fireworks flew during Monday’s meeting of the Ellsworth City Council before a motion to accept the original 3-year contract extension with City Administrator Dustin Stambaugh was approved.

Mayor Dan Finnegan said a non-employee of the city wished to address the council in executive session.

“We cannot have nonemployees in executive session,” City Attorney Patrick Hoffman said.

“It has to be in open session,” Mayor Dan Finnegan asked.

“Absolutely,” Hoffman replied.

Finnegan asked Hoffman if the council could allow the person to speak in open session.

“That’s not my decision,” Hoffman replied, adding it was the city council’s meeting, not just the mayor’s.

“We were advised from the very start of this to not have any correspondence with any of the parties involved,” Council Member Don Panzer said.

“Yes sir,” Hoffman replied.

“And Mr. Mayor visited with ‘so and so’ and said why don’t you come to the city council so you could bash Dustin,” Panzer said.

“That is about the lowest of the low.”

“He has critical information,” Finnegan said.

“We’ve all agreed on it,” Panzer told Finnegan. “You’re stirring up mud. You’re so much of a low life on this.”

“Be quiet,” Finnegan told Panzer.

Panzer replied that Finnegan was putting the city in great liability.

“If he (the non-employee) walks up to the podium, I’m walking out of here,” Panzer said. “And if we all walk out, you cannot conduct a meeting.” “I think there is critical information for the city to hear,” Finnegan said.

“All you’re wanting to do is stir s..t up again,” Panzer said. “I get so tired of you being negative. You want to run everything. You want to run all the city, the city employees. You have lost the respect of everybody — the city council.”

Panzer then said the whole city council was “stepping out.”

“The mayor is putting us in deep liability,” he repeated.“ We’ve got some critical information about the police department that needs to come to the surface,” Finnegan said.

“All you want to do is bash Dustin,” Panzer said.

It was then that council member Tyler Renard moved to approve the 3-year contract extension with Stambaugh as written by Hoffman, which includes a salary of $100,000 per year and a $300 per month car allowance.

Panzer seconded the motion.

Stambaugh said he didn’t approve the contract because the mayor has requested language to be added to the contract.

“That pretty much makes it where I take the fall for any lawsuits coming before us,” he said, “even though it was a collective decision that was made and I followed legal counsel in every one of these situations. And I brought these situations to the city council and therefore, I don’t believe that it is a fair treatment of me.

“I believe I am a contracted employee — I am a protected employee — and I am asking for the city council to have my back on this because that clause makes it a hostile working environment. It also sends me the message that you don’t trust me, even though I chose in every single situation to contact counsel in every situation that I’ve made, personnel-wise, along with having executive sessions with this board to get your guidance before I made any move.”

Panzer said he was under the impression the motion would be on the original contract extension.

Hoffman said he presented the council with a draft of the original contract which was essentially the current city administrator’s contract, with the only change being an enhanced severance period.

He advised the council to clarify in their motion which contract they were referring to.

“I want to make sure we are voting on the original contract with extended severance,” Council President Jessica Kootz said.

“For the record, I truly believe this is a big mistake, what they (the council) are doing,” Finnegan said. “I think there is information that needs to come out, and they need to sit there and listen to it. And if they want to vote on this afterwards, that’s fine. They need to hear the information.”

After a council member once again wanted to make sure they were voting to approve an extension to Stambaugh’s original contract, Hoffman said he would get with the city staff to make sure that was in the official city record.

“Is that satisfactory, Dustin,” Panzer asked Stambaugh.

“Yes,” Stambaugh replied. A motion to approve the original 3-year contract extension with Stambaugh was once again made and seconded. This time the council approved the motion.

In other business:

• A few brief fireworks also sparked during an update on city projects by Jon Halbgewachs of Kirkham Michael.

Halbgewachs said Kirkham Michael continues to work with the Kansas Department of Transportation and the contractor on the neighborhood multi-use path project to develop a means for conveying water under the path just north of the Good Samaritan Society property.

He said information has been forwarded on to KDOT and the contractor has been asked for a price breakdown.

Halbgewachs said the bottom line quote from the contractor is $7,625.

“And Kirkham Michael is going to pay that,” Panzer asked.

Halbgewachs said it will be forwarded to KDOT for consideration to be added into the project.

“But there is no more expense to the city,” Panzer asked, noting the council has already heard from KDOT via a letter.

“KDOT basically said that was the most asinine deal there ever was and that you guys are responsible for it,” Panzer said. “That was the understanding in the letter I got.”

“Well, just to clarify, they still have to run it through KDOT first,” Stambaugh said.

“I am tired of you coming back every time and saying ‘well, we screwed this up and it’s only going to cost you this much,’” Panzer told Halbgewachs. “Do it right the first time or fix it. Do it right.”

• Approximately 15 minutes before the regular council meeting, a public hearing was conducted on why the vacant home at 705 E. Fourth St. should be condemned as a dangerous structure. No action was taken.

During the regular council meeting, the council approved moving forward with the condemnation of the property.

• Approval was given to a request by Marne and Brent Herlan to have a fireworks stand.

• Approval was given to a request by the El-Kan Western Riders Saddle Club Inc. to have a cereal malt beverage license.

• A request by Grow Ellsworth County was approved to waive the rental fee for use of the city recreation center so various local vendors and businesses can come together and feed the 750-800 bicyclists riding through Ellsworth from 10 a.m.-2 p.m. Tuesday, June 11, as part of the Bike Across Kansas event.

• A request by Jason Hicks, commander of the Ellsworth American Legion Post 174, to close all of D Street between the American Legion and Tractor Supply for safety reasons during Legionfest May 4, was approved.

• Approval was given to purchase requests for water and sewer repairs. Specifically, lighting for the east water tower in the amount of $10,226.50 and replacement of all water well transducers in the amount of $12,909.31.

• Approval was given to clarify a policy conflict in the city employee manual dealing with vacation pay for terminated employees. Moving forward, the city will pay employees their vacation pay and comp time if they are terminated.

• Approval was given to Resolution 24-010, authorizing the improvement or reimprovement of certain main trafficway connections within the City of Ellsworth and providing for the payment of the costs thereof.

• Approval was given authorizing and directing the issuance, sale and delivery of general obligation temporary notes, series 2024, of the City of Ellsworth, providing for the levy and collection of an annual tax, if necessary, for the purpose of paying the principal of and on said notes as they become due; making certain covenants and agreements to provide for the payment and security thereof; and authorizing certain other documents and actions connected therewith.

• Approval was given to award the snow removal equipment building project at the Ellsworth Airport to Seaton Construction Group for $436,163, contingent upon Federal Aviation Administration approval of the contract award and the Airport Improvement Program Bi-Partisan Infrastructure Law grant.

In a related vote, approval was given authorizing Stambaugh to sign and submit grant documentation to the FAA for 90 percent of the project’s grant amount and to sign a contract with the contractor upon FAA grant approval. In addition, approval was given to approve Stambaugh signing a contract with Benesch on the condition that no work may commence until/unless FAA grant approval for 90 percent of the contract has been granted.

• Approval was given to purchase 37 meter lid covers from MaiCo for $10,064.

• During comments from the council, Kootz advised residents to “bag your trash — bag your dog poop.”

• No action was taken after two executive sessions totalling 15 minutes with Stambaugh, Hoffman and Dale Warren to discuss non-elected personnel (staffing).

The next meeting of the Ellsworth City Council is at 5:30 p.m. Monday, May 13, at city hall.