City of Laurie, Missouri

REGULAR MEETING MINUTES

BOARD OF ALDERMEN

JUNE 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 Tom Loraine, Chief Jess Calvin, Dru Hayes, Rod Hayes, Martha Moulder, Ruth Magill, Bob O’Bryan, Valarie Ites, John Ites, Jim Walker, Amy Wilson, Michael McSorley, L.J. Hipple, Joyce Chorpening, Gary and Kathleen Lutke, Russ Ousley, Janet Dabbs, Peggy and Tom Huffman, Jim DeLuca, Carol Knight, Claire Hayden, Troy Wormsley and Mike Kenagy.

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.

Mayor Chorpening asked the Board to amend the agenda by removing Item G. & H. under New Business; the First and Second Reading of Council Bill No. 2010-11: “An ordinance adopting and enacting a new Code of Ordinances of the City of Laurie establishing the same; providing for the repeal of certain ordinances not included therein, except as herein expressly provided; providing for the manner of amending such code of ordinances; providing penalty for the violation thereof; and providing when this ordinance shall be come effective.” A Public Hearing needs to be scheduled for July 6, 2010 for changes and public input.

Alderman Zgiet made the motion to remove Item G & H from the agenda’s New Business. Alderman Lux seconded. The following vote was recorded:

Alderman Lux - aye

Alderman Hager - aye

Alderman Keck - aye

Alderman Zgiet – aye

Attorney Lorraine stated he had sent a letter to Mayor Chorpening on a Municipal Court Operating Order # 1. After a brief discussion, it was determined the information was not available to the Mayor and Aldermen and would be placed on the July agenda.

APPROVAL OF MINUTES

The minutes of May 10, 2010 regular meeting, May 17, 2010 Special Meeting, and May 25, 2010 Special Meeting were presented. Alderman Keck made a motion to approve the minutes as presented. Alderman Zgiet seconded. The following vote was recorded:

Alderman Lux - aye

Alderman Hager - aye

Alderman Keck - aye

Alderman Zgiet - aye

Unfinished Business

A. 2001 Bond Refinancing:

Charles L. Zitnik, D.A. Davidson & Co.

Jack Dillingham, Piper, Jaffray

Both firms had submitted estimated proposals on the refinancing of the City’s 2001 Revenue Bonds. The bonds were originally underwritten by Piper Jaffray. The savings by both companies equaled about 4 ½% over the life of the loan or $30,000 - $40,000 depending on the interest rate at the time of the financing. Public Works Director Ed Young stated the estimated construction costs for the Highway O water line would be about $609,000. Should the city decide to refinance the 2001 Waterworks Revenue Bonds then it would be beneficial for the city to include the new water line construction into the financing.

Mayor Chorpening asked the board to table the refinancing until more information is received on the Highway O water line.

B. First Reading Council Bill No. 2010-09; Ordinance No. 2010-09: “An Ordinance amending certain portions of Ordinance No. 2005-03, THE ZONING ORDINANCE OF THE CITY OF LAURIE, MISSOURI.” Alderman Hager introduced Council Bill No. 2010-09 as amended for the first reading. Alderman Keck seconded. A letter from Richard Purdon Chairman, Planning and Zoning Commission stated a public hearing was held on June 7, 2010 on the establishing minimum yard requirements for commercial and industrial districts. The changes in Ordinance No. 2010-09 was approved for the Board’s consideration. With no further discussion the following roll call vote was recorded:

Alderman Lux - aye

Alderman Hager - aye

Alderman Keck - aye

Alderman Zgiet – aye

C. Second Reading Council Bill No. 2010-09; Ordinance No. 2010-09: “An Ordinance amending certain portions of Ordinance No. 2005-03, THE ZONING ORDINANCE OF THE CITY OF LAURIE, MISSOURI.” Alderman Lux introduced Council Bill No. 2010-09 as amended for the second reading. Alderman Keck seconded. 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. 2010-09 becomes Ordinance No. 2010-09.

New Business

A. First Reading Council Bill No. 2010-12; Ordinance No. 2010-12: “An Ordinance approving lot realignment for Tracts 1 and 2 of Oak Leaf Estates.” Mayor Chorpening asked Mayor Pro-tem Ken Zgiet to take over as he is the owner of Oak Leaf Estates.

Alderman Keck introduced Council Bill No. 2010-12 for the first reading. Alderman Lux seconded. A letter from Richard Purdon, Chairman, Planning and Zoning Commission reported the Commission approved the realignment of Tracts 1 and 2 of Oak leaf Estates by re-platting an area of approximately 9,600 square feet of Tract 1 to Tract 2. All required information was provided on the plat. No rezoning is involved, and both tracts meet the lot size requirement for district R-1. 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. 2010-12; Ordinance No. 2010-12: “An Ordinance approving lot realignment for Tracts 1 and 2 of Oak Leaf Estates.”: Alderman Lux introduced Council Bill No. 2010-12. Alderman Keck seconded. The following roll call vote was recorded:

Alderman Lux - aye

Alderman Hager - aye

Alderman Keck - aye

Alderman Zgiet – aye

Mayor Pro-tem Zgiet declared Council Bill No. 2010-12 becomes Ordinance No. 2010-12.

C. First Reading Council Bill No. 2010-13; Ordinance No. 2010-13: “AN ORDINANCE OF THE CITY OF LAURIE, MISSOURI APPROVING AND ADOPTING GUIDELINES FOR ELECTRONIC COMMUNICATIONS.” Alderman Hager introduced Council Bill No. 2010-13 for the first reading. Alderman Zgiet seconded. Discussion followed regarding changes to the ordinance on records that are required to be closed per state and federal laws. Attorney Loraine stated changes would be made to the ordinance and placed on the July agenda.

D. Second Reading Council Bill No. 2010-13; Ordinance No. 2010-13: “AN ORDINANCE OF THE CITY OF LAURIE, MISSOURI APPROVING AND ADOPTING GUIDELINES FOR ELECTRONIC COMMUNICATIONS.” No second reading was held.

E. First Reading Council Bill No. 2010-14; Ordinance No. 2010-14: “An Ordinance of the City of Laurie, Missouri approving and adopting the Floodplain Management.” Alderman Lux introduced Council Bill No. 2010-14 for the first reading. Alderman Hager seconded. Public Works Director Ed Young stated the ordinance needed to be adopted for the City to participate in the National Floodplain program. With no further discussion the following roll call vote was recorded:

Alderman Lux - aye

Alderman Hager - aye

Alderman Keck - aye

Alderman Zgiet - aye

F. Second Reading Council Bill No. 2010-14; Ordinance No. 2010-14: “ An Ordinance of the City of Laurie, Missouri approving and adopting the Floodplain Management.” Alderman Keck introduced Council Bill No. 2010-14 for the second reading. Alderman Zgiet seconded. 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. 2010-14 becomes Ordinance No. 2010-14.

Pending Payments & Addition to Pending Payments: With no questions or discussion Alderman Zgiet made a motion to approve the pending payments and additions to pending payment. Alderman Hager 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

- Authorized Passengers in City Vehicle: A letter dated February 4, 2009 was presented and had been overlooked for receiving Board approval for the following to non-city personnel or volunteers to be allowed to ride in the Public Works Director’s city vehicle:

Son Derrick Young and/or his girlfriend/spouse; Daughter Amanda, husband Barrett; parents Bill and Roberta Young; brother Gary and members of his immediate family, wife and two daughters; Aunt Nila; and friends David and Trish Dennis.

Alderman Keck made a motion to approve the list of permitted non-city personnel or volunteers to be allowed to ride in the city supplied vehicle. Alderman Hager seconded. The following vote was recorded:

Alderman Lux - aye

Alderman Hager - aye

Alderman Keck - aye

Alderman Zgiet - aye

- Employee receives DSII Wastewater Treatment Operator: Public Works Director Ed Young stated Maintenance Employee Dean Smith had received a DSII operator’s certification and asked the board to approve a .50 cent per hour raise. Alderman Zgiet made a motion to approve a .50 cent per hour raise for Dean Smith. Alderman Hager seconded. The following vote was recorded:

Alderman Lux - aye

Alderman Hager - aye

Alderman Keck - aye

Alderman Zgiet - aye

- Update on pavilion concrete work: The concrete work has been completed at the pavilion in the beer garden and the culvert by the stage.

- Laurie Nursing Home Sidewalk to Fairgrounds: Laurie Nursing Home has installed the sidewalk from the nursing home to the fairgrounds. Public Works Director Ed Young asked the board if the city should install handrails to the city’s section of the sidewalk.

Attorney Loraine stated for the city should take due care and reasonable steps to insure safety. Public Works Director Ed Young was asked to provide bids for a handrail.

- USDA Confirmation for 4th Storm Siren: Confirmation was received from USDA that the city had received a 55/45 grant to install a fourth storm siren. Public Works Director Ed Young also reported that a new AC Power Lost and Restored Monitor is now available for each of the storm sirens. The siren controller must contain a monitor system that plays a digitally recorded voice via two way radio which can be heard at dispatch through the radio system to indicate AC power failure and AC power restoration. The voice message sent must send the location name and unit number of the individual sirens. The cost per unit is estimated at $600.00.

Alderman Zgiet made a motion to solicit bids for the fourth storm siren with option A to include a siren controller and option B to include cost of adding siren controllers to the other three sirens. Alderman Keck seconded the motion. The following vote was recorded:

Alderman Lux - aye

Alderman Hager - aye

Alderman Keck - aye

Alderman Zgiet - aye

- Morgan County Working on 5th Storm Siren: Morgan County has received a grant for storm sirens. One will be placed in the City of Laurie. The time frame for installation is yet to determined.

- AeroMod Belt Filter Press Sludge Dewatering: Public Works Director Ed Young reported AeroMod provided a summary of the sludge removal demonstration performed at the wastewater treatment plant. A proposal for a unit sized for the city’s need with cost estimates was provided.

- Huber Manufacturing to schedule demonstration: A demonstration from Huber Manufacturing for sludge removal will be held June 22, 23, and 24th. The system will be similar to the one from AeroMod. The Board and public are invited to see the unit in operation.

- Update on Highway O Water Line Upgrade: The Facility Plan for the Highway O water line upgrade has been delivered to DNR. The documents will also be supplied to funding agencies as part of the application.

B. Jesse Calvin, Police Chief

- Monthly Police Report: Chief Calvin stated he had nothing further to report from the reports supplied to the Mayor and Aldermen:

C. Olive Wood, City Clerk

- Review Financial Report: The bank balance as of June 9, 2010 was $2,215,525.16. Sales tax for the end of May was down 12% below projected revenues, but with the sales tax received in June is was down by 2% from the previous year. General Fund revenues totaled $224,566.77, expenses $222,145.64. Events revenues $16,077.02, expenses $24,250.20; Water and Sewer revenues $264,183.81 and expenses $229,461.20.

- Approval of the Liquor License Application: A Liquor License Application was provided with the liquor rates approved by the Board of Aldermen at the regular meeting on May 10, 2010, once the codification is completed. Alderman Keck made a motion to approve the liquor license application with the new rates once the codification becomes effective. Alderman Lux seconded. The following vote was recorded:

Alderman Lux - aye

Alderman Hager - aye

Alderman Keck - aye

Alderman Zgiet – aye

- Approval of the Merchant Renewal Application: Alderman Keck made a motion to approve the Merchant Renewal Application. Alderman Lux seconded. The following vote was recorded:

Alderman Lux - aye

Alderman Hager - aye

Alderman Keck - aye

Alderman Zgiet - aye

D. Tom Loraine, City Attorney

- Recommend Updating the Police Policy and Procedure Manual (Written prior to Laurie becoming a fourth class city). Changes will include the following: Chain of command, revise the removal and discipline section: Mr. Loraine explained that the Police Policy and Procedure Manual has a discrepancy on the Chain of Command, with the Chief of Police reporting to the Board of Trustees, as it was written when the city was still a Village. The City’s Personnel Manual was revised January 8, 2009 and approved by the Board of Aldermen with the correct organization chart, but the Police Policy and Procedure Manual is referenced to in the City’s Personnel Manual. Mr. Loraine reported that the Mayor is the chain of command in a fourth class city. It was noted that various departments are on board with this. Mr. Loraine stated the departments need to review department manuals and immediately correct obvious errors. Department heads have been asked to make revisions to manuals and provide the revised copy to the Board of Aldermen by July 2nd. The revisions will become part of the codification when adopted.

Mayor Chorpening will write a memo to Department Heads instructing them to have the manuals updated by July 2, 2010 and in the hands of the Mayor and Board.

- Discussion on Building Codes and Fire Codes between the City of Laurie & Gravois Fire Protection District: Mr. Loraine reported he is also the attorney for the Gravois Fire Protection District. The Fire District is in the process of adopting fire codes for Morgan County. Mr. Loraine encouraged the city and fire department to work on an agreement to cooperate in the building and fire code process.

Public Works Director Ed Young reported the Planning and Zoning Commission had discussed having a meeting with the Fire District to work out any details to make the building process a cooperative one. Mr. Young will request the Planning and Zoning Commission to meet with the Gravois Fire Protection District.

Board Reports:

- Alderman Lux: Alderman Lux asked for an update on the internet. Mayor Chorpening reported there is an average of two customers per day having the internet service installed.

Alderman Lux asked if the city’s agenda could be displayed in the Clerk’s window so interested parties who are unable to go by city hall during regular office hours to view the agenda placed on the bulletin board may be kept informed. City Clerk Olive Wood stated future agendas would be place in the window.

- Alderman Zgiet: Alderman Zgiet complimented the internet service; he reported it was the fastest he had experienced from other locations in town.

Mayor’s Report: Mayor Chorpening reported on the installation of a new internet antenna on top of the water tower and complimented Lexsar for being responsive to the city’s needs in providing the internet. It is too early to have a report on the exact number of people signing up, but Lexsar will provide a monthly report. The city receives 50% of the first $3,000, and then 10% of the balance.

Mayor gave an overview of the city’s sales tax compared to previous years and he reported that he hopes the decline in revenues is leveling off.

Mayor Chorpening gave an explanation of the Sunshine Law and as to why details of closed meeting were not public information.

Public Comments: None

The tentative agenda of this meeting may include a vote to close part of the meeting pursuant to RSMo 610.021 to discuss:

1. Litigation or legal actions: RSMo 610.021.1

2. Leasing, purchasing, sale or other acquisition of real estate: RSMo 610.021.2

3. Hiring, firing, disciplinary action or promoting of employees: RSMo 610.021.3

4. Individually identifiable personnel records, performance ratings or records pertaining to employees or applicants for employment.

Attorney Tom Loraine requested a closed meeting Per RSMo Section 610.021(3) regarding personnel at 7:35 p.m.

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 Hager 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, and City Attorney Tom Loraine.

Attorney Tom Loraine explained during his investigative interviews an employee had refused to comply as directed by the Board of Aldermen. After discussion the following motion was made.

Alderman Zgiet made a motion to immediately suspend Officer Jeanne James without pay and the employee must comply with the interview by Wednesday, June 16, 2010 by 12:00 p.m., or will be terminated and further the Department Supervisor must notify employee of this action immediately. Alderman Hager seconded the motion. The following roll call 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: 8:29 p.m. Mayor Chorpening reported that the Board of Aldermen had made a decision, but had 72 hours to report such action.

ADJOURN: Alderman Zgiet made a motion to adjourn. Alderman Keck seconded. Meeting adjourned at 8:30 p.m.

Respectfully Submitted,

Your Mayor