City Council Meetings

Page 1 CITY COUNCIL PROCEEDINGS NOVEMBER 19, 2020 MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL Wichita, Kansas, November 19, 2020 Thursday, 09:00 AM OPENING OF SPECIAL MEETING The City Council met in regular session with Brandon Whipple, Cindy Claycomb, Bryan Frye, Becky Tuttle, Jeff Blubaugh, James Clendenin, and Brandon Johnson. Staff Members Present: Bob Layton, City Manager, Jennifer Magana, City Attorney, and Karen Sublett, City Clerk. Mayor Whipple called the meeting to order at 9:04 a.m. Reading of the Call for the Meeting by the City Clerk Consideration of the Business in the Order Embraced in the Call for the Meeting IX) COUNCIL MEMBER AGENDA 1.) RESOLUTION ALLOWING ENFORCEMENT OF SEDGWICK COUNTY RESOLUTION 154-2020 IN THE CITY OF WICHITA AND GOVERNMENT ENFORCEMENT SERVICES AGREEMENT BETWEEN SEDGWICK COUNTY, KANSAS AND THE CITY OF WICHITA. Attachment: Agenda Report No. IX-1.docx Attachment: County - City Health Order Enforcement Agreement.docx Attachment: Resolution 20-369.docx Attachment: Sedgwick County Resolution Attachment: Sedgwick County Health Order Bob Layton City Manager stated we are here today to consider an action in support of a November 13th order that was issued by the Sedgwick County Health officer. Stated in that order, there were a number of actions that were to be taken: 1) require masks and face coverings for anyone in public spaces; 2) requiring businesses and organizations to inform members of the public and their employees about the need to wear masks in their facilities; 3) requirement of a six foot social distancing and public spaces; and 4) a limit of 100 individuals for mass gatherings. Stated the enforcement mechanism for this resolution was approved by the County Commission and right now that only applies to unincorporated Sedgwick County. Stated in order for the order to be enforced inside the City of Wichita, the City Council needs to approve a resolution, which is in front of you today, as well as an enforcement agreement. Stated the  Page 2 CITY COUNCIL PROCEEDINGS NOVEMBER 19, 2020 resolution indicates that any violations of the health order will be prosecuted in Sedgwick County Court, that the violations themselves will be written by County staff and the enforcement agreement indicates that the City will provide assistance in reporting any violations as they are observed or as we are asked to investigate. Stated City staff will not be able actually writing citations but just reporting to the County Counselor's office and the County Counselor will make decisions on actions. Stated in working with the County Manager, it is their intent to for first time violators, to issue warning letters and to work on education with and business or individual that has been reported before ever getting to the point of a citation. Stated for serious violations, the next step which will be determined by the County Counselor, will be the issuance of a citation and court resolution. Council Member Frye stated it says complaints will be received by the Sedgwick County Health Department, they will review it, issue warnings and decide if they need to have WPD and WFD to visit the premises, and asked if that is the change of command. Bob Layton City Manager stated yes. Council Member Frye asked if we anticipate a number, how many we are expecting to visit and observe. Bob Layton City Manager stated we really don't know at this time. Stated when we had the mask ordinance, we had weekly inspections of bars and restaurants in Old Town because we do that any way. Stated in terms of actually investigating individual complaints; doesn't know that we had a lot. Stated we did issue a number of warning letters but in terms of going out to locations is primarily bars and was outside of Old Town and would have only been a handful. Council Member Frye asked if there is a time frame as to when this ends; does it follow the order that Dr. Minns has established now? Bob Layton City Manager stated no, this stays in place so that if Dr. Minns were to issue a subsequent order that it would remain in place. Council Member Frye stated it would follow whatever order Dr. Minns decides to do related to anything public health. Bob Layton City Manager stated that is correct and we can revisit the issue as we get further through the outbreak and the Council can rescind this. Council Member Frye stated but it is also being extended to any other outbreak or public health issue that Dr. Minns would decree; it would follow that as well, correct? Bob Layton City Manager stated right and if you want to limit this to public health orders dealing with the outbreak of COVID-19, we could probably fashion it that way. Council Member Frye stated giving a "blank check" to someone who is not an elected is kind of unchartered territory. Bob Layton City Manager stated yes he understands that but the only way we got to this point is that the County Commission had to approve and enforcement ordinance so right now you are coming alongside the County Commission more than you are the health officer.  Page 3 CITY COUNCIL PROCEEDINGS NOVEMBER 19, 2020 Council Member Frye stated but that doesn't have a time limit either, or does it? Bob Layton City Manager stated no not their enforcement resolution but thinks the current order does. Council Member Frye stated if officers would have to appear in court if there was a citation or violation issued, would that be on our expense or would it be reimbursed by the County for the time spent that officers are in court? Bob Layton City Manager stated that would be our expense, however, we set a process that their report should be sufficient evidence for prosecution and we would not need to appear in court. Council Member Frye asked if the County is anticipating hiring any extra staff for this Code Enforcement officers. Bob Layton City Manager stated he doesn't believe so. Council Member Frye stated he wished they were here today to answer some of these questions and is surprised they are not. Bob Layton City Manager stated it is probably his fault for not asking them to be here or at Century II. Stated it is his understanding they are not adding any staff. Stated they did add some staff with COVID- 19 funding to help with contract tracing and other administrative duties but not in terms of MABCD. Mayor Whipple stated the previous speaker mentioned that we are on unchartered territories by accepting within our City the order for the County Health Inspector that was approved the elected body by the Sedgwick County Commission. Stated it is his understanding that this law was put in place in which we had to allow health orders to take place in our City and was something that was approved less than a year ago during a special session and asked legal staff to comment on that. Jennifer Magana City Attorney stated she thinks it is unchartered in that she is unaware of any time the City has consented to the enforcement of a County resolution within the City limits. Mayor Whipple stated before we didn't have to, it was automatically applied; is that correct? Jennifer Magana City Attorney stated no the County resolutions are only otherwise authorized in the unincorporated areas of the County. Mayor Whipple stated House Bill 2016 was passed this year at special session that required us to opt in, and you are saying that bill just solidified previous law. Jennifer Magana City Attorney stated if she recalls, the 2016 Bill required counties to opt out of a health order of an Executive Order of the Governor. Stated it didn't address the cities authorizing enforcement of a county resolution within the City limits like this does today. Stated this is a different action. Mayor Whipple asked if the County Health official have the ability to temporarily close an establishment within the City limits without the expressed approval of the City Council. Jennifer Magana City Attorney stated she believes County Health officials have authority to do some actions like that but does not know the extent without looking at the Kansas statute on health officers.  Page 4 CITY COUNCIL PROCEEDINGS NOVEMBER 19, 2020 Mayor Whipple stated so they do have authority within cities that are incorporated even before COVID. Jennifer Magana City Attorney stated yes to some degree. Bill Voloch, President CEO of Wesley Healthcare stated he wants to speak to what is going on at Wesley from a hospital operations standpoint and what we are planning for. Stated his hospital is overwhelmed by COVID at this point and as of yesterday, we have 115 COVID positive patients in the hospital, about half of those in the ICU and currently we have five of our units that are full of COVID and pretty close to full. Stated we have two ICUs that are full of COVID and three med-surge floors that we are housing those patients on. Stated we are at that point where we are unable to take on much more. Stated yesterday many of the nurses pleaded with him to continue to express the concern that we have our health system being able to handle an increase in volume based upon our current spike in numbers that we are seeing, we are projecting 195 to 200 COVID positive patients by the end of December. Stated there is great concern around Thanksgiving and Christmas gatherings that are coming up. Stated we have been able to staff the hospital adequately to this point, however, every bed at Wesley is full every day and we are unable to take very many transfers from outside of Wichita and the County any longer. Stated we are a regional health center that we get a lot of our patients from outside of the County and City and we have had to shut down all those requests. Stated his concern is not for where we are today, and thinks today we are handling it okay. Stated if this is the top of the spike, great but is very concerned to what we are seeing and where we will be by the end of the year given the trajectory that we are seeing in the community. Dr. Ebersole stated he is the Chief Medical Officer at Wesley Health Care and is here on behalf of their medical staff, which is about 1,200 members at Wesley and to offer the medical staff's recommendations around restrictions in our community given at this point, almost expediential growth of COVID-19 over the last several weeks to months. Stated we are up to over 28% of 14 days rolling average of positivity in our community and county so more than one and four people that are being tested are now positive for COVID-19. Stated these people are throughout our community, they come into our hospital, the come into the grocery stores and go to restaurants, bars and sporting events, so the opinion of our medical staff recommendations are the following: shut down close all bars and nightclubs; for restaurants, to stop in- person dining and all restaurants would go to take-out only; close venues that hold large gatherings; discontinue winter sports which would be applied to both public schools with public events as well as private events; all gatherings be 10 or less people; and that as we come to the holidays that families gather only as immediate family. Stated this is a public health crisis and emergency in our community and as we plan for what is occurring right now and the future, he goes through all the worst case scenarios and that is what they are planning for. Stated if the growth continues at the current pace, there will come a point that we will not have any further capacity to care for these patients. Stated that is capacity from a physical standpoint with beds, from a staffing standpoint in terms of nurses, respiratory therapists, physical therapists, physicians, and EVS workers. Mayor Whipple stated when it comes to recommendations as a medical professional, those get reported for the media who is here but our purpose today is to not implement any particular recommendations but to allow the County, the Board of Health and their medical team to lead the way when it comes to health care policy that hopefully gets these numbers down. Stated today our resolution is to solidify what was the Council's intent and last time when we talked about masks was to allow the elected officials at Sedgwick County to take the lead when it comes to health care policy. Stated it is not just the beds and some people say why not just get more beds and asked about staff and what the nurses and doctors are going through who are treating COVID patients.  Page 5 CITY COUNCIL PROCEEDINGS NOVEMBER 19, 2020 Dr. Ebersole stated the numbers of patients we have at Wesley is higher than we normally have this time of year. Stated we do have surges in our volume, it is not a flat line throughout the year and prepare for the winter to have somewhat of an increase. Stated one of the many differences with COVID-19 is that it is sustained and is sustained very critical patients that continue to come to Wesley and has now increased dramatically over the last several weeks to a month. Stated these patients are very complicated and very sick and 50% of our COVID patients on average end up in our ICU and they are requiring intense levels of care. Stated when nurses have to go into a COVID-19 room, they have to put on all of the PPE clothing and maintain that appropriately and that sterility and when they leave that room, it has to all be taken off in an appropriate manner as well. Stated there is the physical aspect of it and the emotional toll that it is taking because as health care professionals, we deal with death and dying on a daily basis and we become use to that to some degree, not numb to it but now death and dying is occurring much more frequently in our hospital due to COVID-19. Stated the other layer of complexity to this is that these patients, to protect their own family members; we do not allow visitors into these rooms. Stated we are committed that no patient at Wesley will die alone so that means a nurse, therapist or a physician is sitting with that patient, holding their hand while they are dying. Stated we use technology to connect the family via an iPad if they wish to do that, and they are out in our waiting area with our chaplain services and support staff. Stated this is just a brief description of what our staff is going through on a daily basis. Stated the toll on our nurses and physicians from a mental and physical standpoint, we have brought in counselors to work with them and therapists to talk with them. Stated they have stepped up dramatically, our nurses have picked up hundreds of extra shifts over the last several weeks due to the pool of traveling nurses are being seeked out throughout the country so the pool of traveling nurses is limited to what we can bring in. Mayor Whipple asked what happens if we stay on the current trajectory, right now we are very close to capacity and at this point there are no enforcement mechanisms for a policy designed to try to lower these numbers. Stated what happens to our hospitals if we do nothing, is there reason to believe that by doing nothing the trajectory will continue to rise. Bill Voloch stated based upon projections if we just hit what we thinks is going to happen with no interventions and we get to 200 patients by Christmas that would create a need for another 90 hospital beds. Stated he and his team have come up with a way to potentially add 30 beds, which would leave 60 additional patients that we are going to have to find a home for. Stated we will have to go to alternate places like our PACU, which is our recovery area for surgery and other alternate sites. Stated it is possible that we may have to treat patients for long periods of time and in the hallways of Wesley, which is certainly possible. Stated he thinks we can probably manage to care for everybody inside at 190 and is very concerning if we get to that level, however, is worried that 190 to 200 is not the top end. Stated we are bringing in all sorts of resources over the next month to prepare for that but it is going to come down to physical space for where we would have to treat those patients at. Council Member Frye stated he sympathizes with what both of these gentlemen are going through right now but unfortunately there is a lot of chatter on social media, a lot of people are asking questions that he does not know the answers to. Stated there are questions about wasn't this expected at some level and wasn't there going to be a second wave and were you not doing all of this leading up to it and it is now critical and you are just now doing this. Stated there are questions about elective surgeries and procedures and are we delaying those. Stated the public needs some reassurance that you are doing everything and that there have been these steps taken and it is beyond what you planned for and the next stage that has to be done.  Page 6 CITY COUNCIL PROCEEDINGS NOVEMBER 19, 2020 Bill Voloch stated we have been planning for this since March and have had plans to surge up higher and our plan hasn't changed since March. Stated nobody knew and nobody still knows what exactly how this will go and to say that I know that we are going to hit 200, is an absolute educated guess. Stated the plan has always been that there will be a second surge. Stated we did a really good job back in June and July of slowing this back and applauds everyone in this community for that. Stated after the Fourth of July which was the last major holiday we say a spike three weeks post that but it was manageable and we were doing fine. Stated through August, September, October we started getting tired of it all as a community and we let our guard down so what is happening now is somewhat expected given the fact that we have let our guard down a little bit, so now the numbers are higher than we expected because of that and is why we are here today. Dr. Ebersole stated we have a crisis care committee that is made up of our senior team administration and our medical staff leaders and have been meeting weekly since March. Stated this is to be prepared, we discuss all of our plans and over the last four to six weeks, we have had to adapt to some changes within the organization and we have had to adapt to COVID-19. Stated medicine and COVID-19 are dynamic and constantly changing and we are learning and adapting to what we do in terms of taking care of these patients and we are adapting from an operational standpoint at Wesley as well because some of our staffing issues have changed. Stated we will continue to do that and move forward so that we are best prepared for what we expect in terms of the numbers of patients specifically around surgery. Stated we have a surgical governance committee that looks at these cases and they are reviewed. Stated there are three stages that we have at the hospital, we are in our conventional mode at this point, next is a contingency status and after that would be a crisis status so as we continually assess that on an hourly basis. Council Member Tuttle stated out of the six things that was included in the Sedgwick County Health Officers Emergency Public Health Order, the fifth bullet is entertainment venues with capacities in excess of 2,000 people may not host events unless the local health officers approved a written plan from the venue subsequent to November 13th. Stated the way she reads that is if she turned in a plan and it was approved in October; I could still hold my wedding with 500 people in December or January. Stated she is worried about confusion and people making a lot of calls and asked if there will be list provided somewhere. Stated she is trying to be proactive. Jennifer Magana City Attorney stated after reading it, it makes her question if it would be allowed unless it has authority. Council Member Tuttle stated the way she read it, if her plan was approved in October and my event is in December, she could still have her event. Stated that might be a point of clarification that we make sure is done. Jennifer Magana City Attorney stated absolutely. Council Member Tuttle stated regarding the sunset, understands that our enforcement supports the County but is fearful that this is a blanket we will help support the County and is not just these six items that we see in front of us today so if they pass another resolution tomorrow, we would also enforce that and asked what if we don't have the capacity to be able to support it. Stated her preference would be if they pass something else, we need to look at it and say yes that is something we can actually do. Bob Layton City Manager stated he understands her concern. Stated the primary enforcement responsibility falls on the County so it is a matter of us being in a support role and helping when they do  Page 7 CITY COUNCIL PROCEEDINGS NOVEMBER 19, 2020 not have the ability to enforce with health staff or MABCD. Stated we purposely wrote this language so that it didn't have to come to the City Council every time there was a change in the order and because it is such a dynamic situation, he could envision the Council getting together in the short-term every two weeks and we were trying to avoid that. Stated this doesn't say that we are going to go out to every complaint; we have to recognize the pressures that we have on our police and fire as well as MABCD and we will do what we can but was always intended that we would get involved with repeat offenders and those that are the most serious violations and will have both police and fire that will be helping in that regard. Council Member Tuttle stated she appreciates that but wants to be cognizant of the fact that our police, fire and MABCD are probably overwhelmed and also dealing with shortages because of COVID and wants to make sure that we don't over-commit for something that we can't follow up with. Mayor Whipple asked staff to speak to the collaboration efforts not only behind this but moving forward. Stated when you and the County Manager talk is there that collaboration happening with the City and the County so that concerns can be addressed before an order comes out. Bob Layton City Manager stated yes they communicate on a regular basis and the County has been really good in terms of keeping our office informed on changes and issues that they are wrestling with and it would be a joint discussion if there was some concern about us taking on a greater role. Stated he thinks the County clearly understands what it is that is in front of you today and that we are in the support role but we also recognize that we are in a serious health crisis. Stated it is an important role for us to play but if there was going to be a significant change in the order, is sure that we would have some kind of consultation that would be brought forward. Mayor Whipple stated as the City Manager you are the head of the administration of the entire City of Wichita and in your professional opinion, do you believe that we do have the administrative resources to come alongside the County like this and be able to have an assistant role with the County without being stretched too thin. Bob Layton City Manager stated in terms of the enforcement, he has heard that we have outlined with the County to date, yes. Stated if there were to be a more stringent order and a request for us to get deeper involved in reporting or enforcement efforts, would have to judge that based on the request. Mayor Whipple stated and in those situations you would bring it up with the Council and we had a more stringent order, we would always have the option to revisit the issue if we needed to from the bench. Bob Layton City Manager stated yes because in that case it would have implications on the budget as well as well as on public safety response. Council Member Frye stated the resolution that we are being asked to approve, resolution 20-369 has item number five where it says the City of Wichita reserves the right to rescind this resolution and any agreement to enforce orders of the Sedgwick County local health officer following 30 days written notice with the Sedgwick County Clerk. Stated that gives us an out in terms of that open, never ending enforcement and asked if that would take an action by the Council at a meeting to make a change or would that just be done administratively. Bob Layton City Manager stated he would interpret that as needing action of the Council and does not believe that would be appropriate for administrative action.  Page 8 CITY COUNCIL PROCEEDINGS NOVEMBER 19, 2020 Public comments: 1) (No name given) asked how many of those patients came with COVID symptoms to begin with and knows we are testing everyone once they come in. Stated they said that we typically have an increase this time of year and wants to know how much larger is that increase. Stated the CEO said we did a great job in June and July; he actually coached two baseball teams here in town and those tournaments were packed and for him to say we were doing well with compliance is not correct. Stated we were not complying there. Stated Dr. Minns said early on that the reason our numbers were coming down was due to enforcement and compliance from our businesses. Stated he gave credit to the mandates and restrictions for it going down and wants to know why are the numbers going up since we have gotten more restrictive and have been more compliant than we ever had before. Stated certain masks do work for a certain period of time and if we take care of them properly, but while out in public we can see how people are wearing them and aren't washing them. Stated regarding this emergency meeting, not a lot of people could make it because it was less than 24 hour notice. Stated you putting more enforcement on the mask mandate is not going to change the game. Stated it is going to create more friction in our community and businesses policing each other and is putting the responsibility in places where it is not supposed to be. 2) (No name given) asked how this proposal will play into law enforcement on those who violate it as opposed to the last mandate when enforcement was just blown off. Stated he hopes going forward with the vaccine being distributed as we speak, hopes it can be distributed to the community as soon as possible to avoid a lockdown. MOTION: Mayor Whipple moved to pass the resolution out. Jennifer Magana City Attorney stated you made a motion for the resolution, is it your intent to make a motion to adopt the resolution and approve the agreement at this time. Mayor Whipple stated yes and will revise his motion. REVISED MOTION: Mayor Whipple moved to pass out the resolution and agreement with a singular vote. Council Member Frye asked if the resolution number needs to be identified in the motion so that it is clear. Jennifer Magana City Attorney stated it would be helpful but doesn't think it is essential because we have an agenda item that states it. Council Member Frye stated the agenda item references the County resolution by number and doesn't our resolution. Jennifer Magana City Attorney stated you are correct and the Clerk was good enough to give us a resolution number before this meeting so if that could be stated, that would be helpful. Bob Layton City Manager stated or you could simply do as you have many other times, is approval of the recommendation as outlined by staff.  Page 9 CITY COUNCIL PROCEEDINGS NOVEMBER 19, 2020 AMENDED MOTION: Mayor Whipple moved to amend his motion and take staff's recommended action to pass both the resolution and the agreement as listed on the agenda and authorize all necessary signatures. Motion carried 5 to 2 (Nays: Jeff Blubaugh, James Clendenin). ADJOURNMENT MOTION: Mayor Whipple moved to adjourn. Motion carried 7 to 0. The meeting was adjourned at 10:04 a.m. Respectfully submitted, Karen Sublett, MMC City Clerk