City of Laurie, Missouri

REGULAR MEETING MINUTES

BOARD OF ALDERMEN

MAY 10, 2010; 6:00 P.M.

CITY OF LAURIE, MISSOURI

The meeting was called to order at 6:00 p.m.

Present at the meeting were Mayor Chuck Chorpening, Alderman Ken Zgiet, Alderman Clarence Hager, Alderman Greg Lux and Alderman Herb Keck.

Others present were City Clerk Olive Wood, Director of Public Works Ed Young, City Attorney Al Clever, Chief Jess Calvin, Dru Hayes, Rod Hayes, Martha Moulder, Jeff Chorpening, Ruth Magill, Valarie Ites, John Ites, Ashley Pryor, Jim Walker, Jeanne James, Karen Clark, Jim Clarke, Amy Wilson, Vinny Stepanik, Michael McSorley, Paul Irwin, L.J. Hipple, Ilene Brown, Pat Phillips, Jay Fisher, Joyce Chorpening, Hugh Smith, Tom Loraine, and Charles Zitnik.

Before starting the agenda, Mayor Chuck Chorpening asked those present to stand and recite the Pledge of Allegiance. A moment of silence was held in honor of our troops and our nation.

APPROVAL OF MINUTES

The minutes of the April 12, 2010 regular meeting were presented. Alderman Hager made a motion to approve the minutes as presented. Alderman Keck seconded. The following vote was recorded:

Alderman Lux - aye

Alderman Hager - aye

Alderman Keck - aye

Alderman Zgiet - aye

UNFINISHED BUSINESS

A. Resolution No. 2010-01; “A RESOLUTION BY THE CITY OF LAURIE, MISSOURI IN APPRECIATION TO PAUL IRWIN FOR HIS SIX YEARS OF SERVICE TO THE CITY OF LAURIE, MISSOURI:” Mayor Chorpening presented a Resolution No. 2010-01 to Alderman Paul Irwin, thanking him in appreciation for his service to the City of Laurie and for being the Mayor Pro-tem.

B. Ballpark Ordinance No. 113; Section 13. “No person, partnership, association or persons, or corporations hereunder shall sell, possess, or consume any type of non-intoxicating or intoxicating liquors as defined herein in the Laurie Park on State Road RA.” Mayor Chorpening stated that at last months meeting Hugh Smith had requested the board waive allowing liquor in the Laurie Park off State Road R.A. Alderman Keck made a motion to reject the request for allowing liquor in the Laurie Park off State Road R.A. Alderman Lux seconded. The following vote was recorded:

Alderman Lux - aye

Alderman Hager - aye

Alderman Keck - aye

Alderman Zgiet - aye

C. Liquor License Fees for Codification. In Section 600.040: Schedule of License Fees the draft included the fees allowed by state law, which are one and one-half times the state charges. The state fees are much higher than the city’s present liquor license fees. Mayor Chorpening asked the board to approve an increase, but to consider the city’s businesses and the economic times. The board discussed ways to increase fees by increasing the four license fees the city currently has or using a percentage of what the state allows. Alderman Zgiet made a motion to set the fee for the city’s liquor licenses at 50% of what the state charges for each license. Alderman Hager seconded. The following vote was recorded:

Alderman Lux - aye

Alderman Hager - aye

Alderman Keck - aye

Alderman Zgiet - aye

NEW BUSINESS

A. First Reading Council Bill No. 2010-10; Ordinance No. 2010-10; “An Ordinance approving lot realignment for Lot 1 of Big Creek Plaza.” Alderman Zgiet introduced Council Bill No. 2010-10 for the first reading. Alderman Keck seconded. The Planning and Zoning Commission provided a letter where they had voted unanimously to approve the lot split in Big Creek Plaza. With no further discussion the following roll call vote was recorded:

Alderman Lux - aye

Alderman Hager - aye

Alderman Keck - aye

Alderman Zgiet - aye

B. Second Reading Council Bill No. 2010-10; Ordinance No. 2010-10; “An Ordinance approving lot realignment for Lot 1 of Big Creek Plaza.” Alderman Hager introduced Council Bill No. 2010-10 for the second reading. Alderman Lux seconded. With no discussion the following roll call vote was recorded:

Alderman Lux - aye

Alderman Hager - aye

Alderman Keck - aye

Alderman Zgiet – aye

Mayor Chorpening Declared Council Bill No. 2010-10 becomes Ordinance No. 2010-10.

Pending Payments & Addition to Pending Payments: Two invoices were requested to be added to the addition to pending payment list: Laurie Motors for $44.00 - PD spot light installed and $12.00 - PD tire repair. Alderman Lux made a motion to approve the pending and additions to pending payments. Alderman Zgiet seconded. The following vote was recorded:

Alderman Lux - aye

Alderman Hager - aye

Alderman Keck - aye

Alderman Zgiet - aye

Department Head Reports

A. Ed Young, Public Works Director: Ed Young introduced Charles L. Zitnik, Senior Vice President, Public Finance from D.A. Davidson & Co. Mr. Zitnik is working with the Indian Rock Neighborhood Improvement District on their bonds to install city sewer.

Mr. Zitnik explained the city’s 2001 Water Bonds were issued at $765,000; the city has the debt paid down to $510,000. The city’s present interest rates are between 5% and 7.5%. He estimated current interest rates at 3% to 4.75%. To refinance the present bond the city would be required to pay administrative fees and 2 ½% points on a new loan, but the savings could possibly be around $35,000. Mr. Zitnik asked if the board would allow him to give a synopsis at the next board meeting. Public Works Director Ed Young stated this was worth investigating but the city should give the present bond holder the same opportunity. Mr. Zitnik will provide a report at the June meeting.

1. Internet Update: Jim Petropoulos of Lexsar has ordered a different style of antenna and it will be installed on the very top of the city’s water tower. Presently the homes or businesses must be in direct site of the tower for the internet to work properly and free of trees and leaves. The city has been assured the new antenna should work better without a direct line of site.

Alderman Lux asked if the city would be charged for the new antenna. Mayor Chorpening guaranteed the cost of the new antenna would not be passed on to the city. Lexsar will use the present antennas at other locations.

2. Planning & Zoning Recommendation on Subdivision Regulations; and Codification Changes: A public hearing is planned for Monday, June 7th to hear comments on the proposed changes and recommendation of the Commission to incorporate setbacks of 10 feet for the front, side and rear of properties zoned as Commercial and Industrial Districts.

3. Update on Fairground Pavilion Addition: The addition to the Fairground pavilion is underway with leveling and concrete placement.

4. Request from Horseshoe Club to add 16 feet on the Shelter House/Bathroom: The Horseshoe Club has requested permission to add on 16 feet to the shelter house/bathroom structure by the horseshoe pitching lanes. The club will pay all expenses involved in the project. Plans are to start upon approval from the Board. Alderman Hager made a motion approving the Horseshoe Club to add 16 feet to the shelter house/bathroom structure in the Fairgrounds. Alderman Lux seconded the motion. The following vote was recorded:

Alderman Lux - aye

Alderman Hager - aye

Alderman Keck - aye

Alderman Zgiet - aye

5. Update on Nursing Home Sidewalk to North Fairgrounds Rd.: The Nursing Home has agreed to build the sidewalk connecting it to the fairgrounds along N. Fairgrounds Rd.

6. Demonstration from AeroMod for Sludge Dewatering: On Monday, May 17, 2010, an operational belt filter press from AeroMod will be demonstrated for sludge dewatering. There are several methods of performing sludge dewatering, but the end product is essentially the same. The Board and public is invited to watch the demonstration. The city spends between $25,000 and $30,000 each time we have the sludge removed from the treatment plant.

B. Jesse Calvin, Police Chief

- Monthly Police Report: Chief Calvin reported there had been two break-ins during the past month with one case being cleared by arrest and the other case is waiting on evidence to get back from the lab to make the arrest. Two child abuse cases are being investigated; one inside the city limits the other outside and charges are pending.

Mayor Chorpening asked Chief Calvin if he had refused to comply in writing with the requests from a letter regarding the following:

- did you have overtime this past month. Chief responded he did have some overtime because the officers had training in Morgan County.

- you are immediately instructed to stand on a one eight hour shift by yourself as part of your regular duties, have you been doing that? Chief responded he had never stopped.

- you have also been instructed to provide a copy of the officers’ daily activity log which you have refused to do.

- you have been asked to provide written warnings at traffic stops that require signatures which you have refused to do.

- and I’ve asked you since there are two officers on the day shift to stagger lunch hours so the citizens would have the benefit of a manned police department which you told me you wouldn’t do and I wasn’t to ask you for those sort of things.

- I also asked you to insure that all members of the department that when officers are expected to devote all their time while on duty to their duties and not to visit their own businesses on city time and you sent me a memo that you would not do these things is that correct? Chief answered for the most part, but I ask you to provide details on the persons who are doing personal business on our time. Mayor stated he would take care of that. Chief replied the other information requested is protected information that you can’t have. Chief states if you recall we had one mayor that was forced to resign because of these issues. Mayor responded that the civil code indicates that I can, I’ll leave that up to my attorney and make that happen, but you have indicated to me that you won’t do these things and I just wanted to bring it out in the public to make sure they understand and I’m trying to deal with these things because we have a budget that is very tight and trying to find out what’s happening with over time etc. and I’m also trying to make sure we do things so that I can make things happen in a way in which the City of Laurie is handled properly. Chief responses with I don’t think that has ever been a problem. Mayor thanked the Chief.

C. Olive Wood, City Clerk

- Review Financial Report: City Clerk Olive Wood reported that as of May 5, 2010 the city’s total cash in the bank was $2,249,358.06. A review of the financial report for the General Fund show that sales tax received to date is down 8%, but the bigger months for the collection will be later in the year. The General Fund revenues are 5% below our projection for the year. Police Department budget is $7% above the projected expenses to date, and the Maintenance Street Motor Vehicle Tax is 14% above projection. This is due to the street repairs, salt purchased after the first of the year, and the budget being cut for materials, and repairs. The General Fund has a deficit of $39,776.15 when you take out the Street Sales Tax revenues and expenditures. June 1, 2010 the Street Bond Payment is due for $135,278.75.

The Event revenues were $9,466.02, expenses $$24,145.61 leaving a deficit of $14,679.59. Event revenues are mainly received in the last six months of the year.

Water and Sewer Fund revenues were $206,448.61, this being 4% below our projection, the May billing had the increase for water and sewer rates. Expenses to date were $202,459.00. The water and sewer expenditures are on target for the year.

- Codification Recommendation for Fireworks Ordinance No. 2010-02: CHANGE: SECTION 8: Previous Permits: “The provisions of Section 3 or Section 5.c notwithstanding, those persons, businesses or not for profit organizations who have held permits issued by the City of Laurie in the previous year shall be allowed to retain one (1) permit only upon written application for the permit:” Attorney Al Clever recommended taking the word “only” out of the above. Alderman Keck made a motion to accept the above with the word “only” being removed. Alderman Lux seconded. The following vote was recorded:

Alderman Lux - aye

Alderman Hager - aye

Alderman Keck - aye

Alderman Zgiet - aye

D. Al Clever, City Attorney: City Attorney Al Clever stated he had been offered and had accepted a position with the Regional FDIC, therefore, must resign as the city attorney/prosecutor effective May 28th. Mayor Chorpening thanked Mr. Clever for his services to the city.

Board Reports - None

Mayor’s Report

A. Appointment Recommendation for Board of Adjustment (Joe Valenti): Mayor Chorpening asked the Board to reappoint Joe Valenti to the Board of Adjustment. The board concurred to reappoint Joe Valenti to serve another five year term on the Board of Adjustment.

Closed Meeting: Alderman Zgiet made a motion to adjourn the regular meeting, convene in closed meeting per RSMo Section 610.021(3) to consider hiring, firing, disciplining or promoting an employee. Alderman Lux seconded the motion. The following roll call vote was recorded:

Alderman Lux - aye

Alderman Hager - aye

Alderman Keck - aye

Alderman Zgiet - aye

Attendance: Mayor Chuck Chorpening, Alderman Lux, Alderman Hager, Alderman Keck, and Alderman Zgiet. Other in attendance: City Clerk Olive Wood, City Attorney Al Clever, and Thomas E. Loraine, Attorney At Law.

Mayor Chorpening introduced Tom Loraine to the Board. Questions and discussion followed regarding Mr. Loraine’s experience with other municipalities and government agencies. Mr. Loraine offered his services at $125.00 per hour with the city to consider a contract with flat fee per month.

Alderman Hager made a motion to appoint Tom Loraine as City Attorney/Prosecutor at a fee of $125.00 per hour until such time a contract with flat fee could be put in place. Alderman Keck seconded the motion. The following vote was recorded:

Alderman Lux - aye

Alderman Hager - aye

Alderman Keck - aye

Alderman Zgiet - aye

Alderman Zgiet made a motion to return to regular opening meeting. Alderman Hager seconded. The following roll call vote was recorded:

Alderman Lux - aye

Alderman Hager - aye

Alderman Keck - aye

Alderman Zgiet - aye

Regular Open Session: Mayor Chorpening reported that the Board of Aldermen had voted to appoint Tom Loraine as the City Attorney/Prosecutor. Both attorneys will work together to turn over the files and will both attend municipal court on May 25th. Mr. Loraine stated he would not charge the city for attending the municipal court.

Meeting Night: Due to Mr. Loraine’s schedule conflict on Monday evenings it was suggested a different night be considered for Board meetings. Alderman Zgiet made a motion to change the meeting night to the 2nd Wednesday of each month. Alderman Hager seconded. The following vote was recorded:

Alderman Lux - aye

Alderman Hager - aye

Alderman Keck - aye

Alderman Zgiet - aye

The next meeting will be Wednesday, June 9th at 6:00 P.M.

Public Comments: Vinny Stepanik asked the Mayor if he had any comment from a previous newspaper article. Mayor Chorpening stated he had no comment.

Peggy Hoffman asked why the city’s storm sirens had not been tested recently. Public Works Director Ed Young stated the Board had set the date as the 2nd Monday of each month at 4:00 p.m. to test the storm sirens and due to the stormy weather today, he did not feel it was appropriate to alarm the citizens of Laurie.

ADJOURN: Alderman Lux made a motion to adjourn. Alderman Zgiet seconded. Meeting adjourned at 7:45 p.m.