The Finance & Administration Committee meeting was called to order at 6:30 p.m. by Chairman Fleming.  Members in attendance included Aldermen Terbrock, Pogue, Buermann, Kerlagon, and City Administrator Kuntz.

Chairman Fleming presented a list of potential issues, revenue and expenditure possibilities for future consideration.  He suggested that the group consider this and other options to be better prepared for the Fall budget discussions.  He mentioned that we need to do a better job with informing the public of our financial situation, attracting new business and retention.  Each member was challenged to take on researching a topic of interest and reporting back to the group. 

The next meeting will focus on priorities and formulating future agendas.

Adjourn:  The meeting adjourned at 6:58 p.m.

Chairman Frank Fleming

ATTEST: Robert A. Kuntz, City Administrator 

The meeting was called to order by Mayor Young at 7:00 p.m.

The Pledge of Allegiance was given.

The Minutes of the May 8, 2006 Board of Aldermen meeting were submitted for approval.  Alderman Pogue amended page 2 paragraph 8 to state that “the area served by the pool includes Ballwin residents and surrounding areas is close to 50,000”.  A motion was made by Alderman Pogue and seconded by Alderman Buermann to approve the Minutes as amended.  A voice vote was taken with a unanimous affirmative result and the motion passed.

PRESENTATION: 

City Administrator Kuntz introduced the MIS/GIS Operations personnel, which is part of the Administration Department.

Mayor Young said that there will be an open house at the Police Department on Sunday June 4 from 1:00 – 4:00 p.m.

Ballwin Days:  Co-Chairman Tim Vincent gave a preview of the 2006 festival.  He said the shuttle bus system will drop off riders at the circular parking area in the northeast corner of the park.  This will help traffic flow.  He said there will be a fireworks display on Saturday, June 24.  Twilight Fire and Illuminations will put on the display in the parking area next to the tennis courts.  All safety issues have been addressed and falls within the code.  Metro West Fire department will be present to maintain the strict codes for fireworks and certain areas will be hosed down.   These are fireworks have a smaller caliber with less fallout area.  The festival, including the fireworks, is under budget.  Handicap parking will be in the Government Center lower parking lot.  The shuttle will service this area.  The owner of Olde Towne Plaza will sponsor a trolley that will run from Olde Towne Plaza to the Ballwin Days drop off site throughout the entire festival.  The display will start at approximately 9:30 p.m.  Alderman Suozzi asked if the tennis courts lights could be turned off during the display.  Mr. Vincent said the display will be high enough in the air that this won’t be necessary for safety. 

None.

Laura Donovan, 902 Clayworth Drive:  Ms. Donovan turned in a petition of 95% of the residents of Clayworth Subdivision for stop signs.  City Administrator Kuntz said that the policy is that the request will be referred to the Police Department and then to the City Engineer.  Alderman Fleming said that he and Alderman Robinson have attended their subdivision meetings wherein the need for these stop signs has been discussed for a couple of years.

None.

BILL # 3421 - AN ORDINANCE TO OPT OUT OF THE STATE IMPOSED SALES TAX HOLIDAY.

A motion was made by Alderman Buermann and seconded by Alderman Terbrock for a first reading of Bill No. 3421.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3421 was read for the first time.

A motion was made by Alderman Suozzi and seconded by Alderman Buermann for a second reading of Bill No. 3421.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3421 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3421 with the following results: 

Ayes – Buermann, Robinson, Suozzi, Lembke, Terbrock, Kerlagon, .    Nays – Fleming, Pogue.  Whereupon Mayor Young declared Bill No. 3421 approved by a vote of 6-2 and it became Ordinance No. 06-32.

Alderman Lembke said that the State of Missouri chose to put this into law for one weekend per year.  Ballwin’s major source of revenue is sales tax.  The State Legislature requires us to opt out, otherwise it will be automatic acceptance of the tax holiday.  This would take revenue away from Ballwin.  The State did not fund anything retroactively to help support those who get revenue only from sales tax.  He said he is supporting the opt out so that Ballwin can have a balanced budget.  Alderman Pogue said that there are studies that show that the sales tax holiday has not had a negative effect. 

BILL # 3422 - AN ORDINANCE GRANTING A SPECIAL USE EXCEPTION TO XENON INTERNATIONAL SCHOOL OF HAIR DESIGN.

A motion was made by Alderman Suozzi and seconded by Alderman Buermann for a first reading of Bill No. 3422.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3422 was read for the first time.

A motion was made by Alderman Robinson and seconded by Alderman Buermann for a second reading of Bill No. 3422.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3422 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3422 with the following results: 

Ayes – Pogue, Kerlagon, Suozzi, Robinson, Buermann, Terbrock, Fleming, Lembke .  Nays – None.  Whereupon Mayor Young declared Bill No. 3422 approved and it became Ordinance No. 06-33.

BILL # 3423 - AN ORDINANCE GRANTING A SPECIAL USE EXCEPTION TO RIAZ AHMED FOR THE PREPARATION AND SALE OF FOODSTUFFS TO BE CONSUMED IN A PLACE OTHER THAN ON THE PREMISES WHERE PREPARED.

A motion was made by Alderman Robinson and seconded by Alderman Buermann for a first reading of Bill No. 3423.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3423 was read for the first time.

Alderman Lembke asked where the sales tax would be applied.  Mayor Young said that the service is contracted within the city limits of Ballwin.  City Administrator Kuntz said this will be a local sales tax.

A motion was made by Alderman Suozzi and seconded by Alderman Buermann for a second reading of Bill No. 3423.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3423 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3423 with the following results: 

Ayes – Kerlagon, Suozzi, Lembke, Fleming, Buermann, Pogue, Terbrock, Robinson .  Nays – None.  Whereupon Mayor Young declared Bill No. 3423 approved and it became Ordinance No. 06-34.

BILL # 3424 - AN ORDINANCE APPROVING THE SITE PLAN OF HALCYON PLACE IN THE CITY OF BALLWIN, ST. LOUIS COUNTY, MISSOURI.

A motion was made by Alderman Suozzi and seconded by Alderman Buermann for a first reading of Bill No. 3424.   A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3424 was read for the first time.

Alderman Robinson asked about cleaning up the common area.  Jim Leahy said that this will be done in the Fall.  Alderman Robinson said that this should be in writing.  Mr. Leahy said that the developer has agreed to put $100,000 in escrow for this purpose.  Alderman Robinson said this should be a written agreement.  The developer said that in the proposed legislation, section d and e suggests that he cannot start until the annexation process is completed.  He said he is willing to place $100,000 into escrow to guarantee that the improvements are funded.  The escrow funds would only be released as work is completed in the common ground area.  He asked an amendment to this bill removing sections 1d and 1e, and substituting the condition of $100,000 escrow be placed at an appropriate title company approved by the trustees.

City Attorney Lucchesi said that he does not recommend the City enforce the escrow issue.  He said that this is an agreement between two private parties.  The City should not be involved in enforcing an agreement between two parties that have made this agreement. 

Alderman Buermann asked if there is any problem in deleting items d and e.  City Attorney Lucchesi said that he is less concerned about item d.  Regarding item e, if the substitution is that $100,000 is placed in escrow per an agreement, he said that’s acceptable.  The developer said that he does not recall any precondition by the subdivision for annexation being made in the preliminary or planning & zoning approvals.  City Attorney Lucchesi said that his notes show that this was a condition to become part of the surrounding subdivision.  Alderman Suozzi said that Assistant City Administrator Aiken’s report states that this matter needs to be finalized with documentation from all parties being provided prior to allowing the commencement of any clearing, grading or construction activities on the site. 

Alderman Robinson said that he wants to be sure that this development works.  He said that if the improvements to the common ground are not made or the indentures are not prepared or approved, the City gets blamed. 

City Attorney Lucchesi suggested that item d could be amended to read, “the site plan becomes part of the surrounding subdivision prior to the issuance of the first building permit.”  And, “additional improvements to the surrounding subdivision are made as reported in the public hearing and/or the $100,000 be placed in escrow with the trustees of the subdivision.” 

A motion was made by Alderman Lembke and seconded by Alderman Terbrock for this amendment.

Alderman Robinson asked if there is an agreement on what was promised or committee at the meetings.  He said the developer believes that there was no precondition.

City Attorney Lucchesi said that on item e, the developer has agreed to what the subdivision wants.  City Administrator Kuntz said that we could say building permit for new construction as proposed.  The developer said that would work.  The Board agreed that the City should not be in charge of the escrow account. 

Alderman Lembke withdrew his motion and modified Section 1, item d as follows:  “the site becomes part of the surrounding subdivision prior to issuance of the first new building permit; property known as Manor House is exempted; Item e, additional improvements to the surrounding subdivision are made as reported at the public hearing, and/or $100,000 escrow account is established between the developer and trustees to insure completion.”  The new motion was seconded by Alderman Terbrock.

Alderman Suozzi said that one more issue is the sidewalk that they don’t want to build.  She said that the legislation contains a statement that in lieu of the sidewalk construction, they will donate a certain amount to the sidewalk fund.  Alderman Lembke said that there is, but then they want to be credited back for the wall.  The developer said that part of the sidewalk was requested to be omitted because an arborist has stated that if the sidewalk is constructed in that location, the oak tree will die.  He said that a six-inch retaining section will be needed to hold back the soil and protect the trees.  With Board permission, they would like to omit that section of sidewalk.  City Administrator Kuntz said that if the developer doesn’t construct the sidewalk, whatever the sidewalk cost would have been as determined by the engineer, the developer will contribute into the sidewalk fund. 

A motion was made by Alderman Lembke and seconded by Alderman Buermann to amend Bill 3424 to change Section 1, Item d from the site becoming part of the surrounding subdivision to the site becoming part of the surrounding subdivision prior to the issuance of the first new construction building permit with property known as Manor House being exempted.  Also changing Section 1, Item e, which was additional improvements to the surrounding subdivision are made as reported at the public hearing, to additional improvements to the surrounding subdivision are  made as reported at the public hearing and/or a $100,000 escrow account between the developer and the subdivision trustees be posted prior to the start of any new building construction.  A voice vote was taken with a unanimous affirmative result and the motion passed.

A motion was made by Alderman Lembke and seconded by Alderman Buermann for a second reading of Bill No. 3424, as amended.  A voice vote was taken with a unanimous affirmative result and the motion was declared passed.  Bill No. 3424 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3424 with the following results: 

Ayes – Lembke, Fleming, Terbrock, Suozzi, Buermann, Kerlagon .    Nays – Pogue, Robinson.  Whereupon Mayor Young declared Bill No. 3424 approved and it became Ordinance No. 06-35.

A motion was made by Alderman Lembke and seconded by Alderman Buermann to accept the Consent Items.  A voice vote was taken with a unanimous affirmative result and the motion passed.

Appointments:  Mayor Young said that he is concerned about commission members not notifying anyone when they are not going to be in attendance at scheduled meetings.  He said that on the Planning & Zoning Commission, there are 2 members who missed half of the meetings.  Attendance is important.  He asked the Board how they want the excessive absences handled.  Alderman Suozzi said that she spoke with one of the commission members who has excessive absences, but noted that this individual has attended a focus group session for the comprehensive planning meeting and both of the comprehensive meetings. She’s doing a good job and would be disappointed to have someone of her quality removed from the Planning & Zoning Commission.  Mayor Young said he is not trying to do that.  He asked the Board for guidelines regarding attendance. 

Alderman Kerlagon asked if there is a written policy regarding attendance.  City Administrator Kuntz said that there is no written policy at this time.  Alderman Terbrock said that at times, it’s difficult to get people to serve on the various commissions.  They shouldn’t be forced away when they are giving their time to serve.  Alderman Lembke said that the Mayor should have the right to talk to the commission members with excessive absences and ask if this is something that they really want to be doing, and if not, a replacement should be considered. 

City Attorney Lucchesi said that as long as there is a quorum, that’s all that’s necessary.  If they are good commissioners, you will want to keep them and make allowances for absences.  Alderman Suozzi said that it’s more important that they notify someone when they are not going to attend. 

Alderman Fleming said that if someone misses more than half of the meetings, they may have issues beyond their control that would indicate that someone else might better serve.  Some members have been asked if they are going to attend, they said yes, and then didn’t show up. 

Alderman Lembke said that commission members should be instructed that as soon as they know that they are not going to attend a meeting, they should call.  Mayor Young said that he would like to cautiously express to the commission members that this is an important issue. 

Alderman Buermann suggested that the chairmen of the Planning & Zoning Commission and Board of Adjustment be responsible for managing their commissions.  He recommended that the commission members be given a list of names and phone numbers that they should call if they are not going to attend any meetings.  Mayor Young agreed. 

Mayor Young recommended the re-appointment of Sue Heath to the Planning & Zoning Commission.  A motion was made by Alderman Suozzi and seconded by Alderman Pogue to accept this appointment.  A voice vote was taken with a unanimous affirmative result and the motion passed.

MSD:  Mayor Young said that within the next 18 months, MSD will have a tax increase on the ballot.  The tax west of Hwy. 270 is 28¢ per month.  They are also going to be 21 districts reduced to 5.  There will be an advisory Board that will advise what projects need to be done.  He said he recommended to them that they don’t present a public proposal until they get those five districts proposed, organized, and priorities set out.  They don’t think that every district is going to approve this.  If they don’t, they won’t get anything done except for whatever money they have for that district.  Any district that approves the tax will have a chance to get things accomplished.  He said he will forward to the Board City Engineer Kramer’s summary of the meeting.

Alderman Terbrock asked who has control over Fishpot Creek eroding back yards and trash being thrown into the creek?  He said that the MSD representatives have said that they don’t.  Mayor Young said that MSD is looking for the districts to take ownership and do something about this.  If it is marketed properly, it could pass.  He asked for feedback from MSD on this.  He suggested that City Engineer Kramer or Assistant City Administrator Aiken could serve on the committee that will be managing the district.

Annexation:  City Administrator Kuntz that this is a map plan.  It needs to be submitted to the Boundary Commission by July 1.  It does not obligate the City.  It indicates anything on the inside of the line is fair game for a proposal of annexation, and anything on the outside cannot be considered for five more years.  Essentially it’s the same map that was approved five years ago, the only change being that he has eliminated the section of the unincorporated area which is to the southeast of Town & Country.  He said the reason is that it’s on the east side of a 4-lane divided limited access roadway (141), and from a service delivery standpoint, it makes no sense to be included in the City’s map plan.  There is a 12-home subdivision called Kylewood that is served on three sides by Ellisville; it belongs in Ellisville.  Mayor Young said we don’t want to have pockets like we had before.

A motion was made by Alderman Suozzi and seconded by Alderman Lembke to draft an ordinance to submit the map plan to the Boundary Commission.  A voice vote was taken with a unanimous affirmative result and the motion passed.

Dental Insurance:  City Administrator Kuntz said that this is a benefit and insurance is a partnership.  Their utilization does a lot to affect the premiums.  The City’s contribution does a lot to affect how much of the premium is being cost shared.  This health insurance costs the employees 3 ½% above the 5% that the City paid and is their contribution to continue the health insurance.  He feels that this year, this can be absorbed through the existing budget.  This is a good benefit. 

A motion was made by Alderman Robinson and seconded by Alderman Pogue to accept the recommendation.  A voice vote was taken with a unanimous affirmative result and the motion passed.

Street Sweeper:  City Administrator Kuntz said that this year will be the third and last installment on the salt dome.  That will free up roughly the amount of what it will take to pay for the street sweeper.  The hopper on the existing street sweeper is worn out and can no longer be repaired.  The hopper could be replaced for about $18,000 and would have to be custom made.  The trade in value of the sweeper is approximately $9,500.  He suggested that we limp along, call the low bidder, get experience as to what contractual does, and then consider this as a whole new program for 2006.  He said we can do limited spot sweeping with current equipment.  People are not calling to request that their street be swept. 

Alderman Fleming said he agrees with the approach to limp along this year, and suggested that we talk to the neighboring communities about joining together on a street sweeper.  He said that since we don’t sweep streets on a regular basis, he wouldn’t mind seeing the program eliminated next year.  City Administrator Kuntz said that the storm water requirements and the Clean Water Act have mandates that there be maintenance or a program. 

City Engineer Kramer said that he contacted 12 cities regarding sweeping.  He said that half do their own sweeping, and half contract this out.  Chesterfield contracts their sweeping.  The sweeper has been repaired once.  The gravel eats away the steel.  There’s not enough thickness to weld the repair to any longer.  The hopper is no longer made by the company. 

A motion was made by Alderman Buermann and seconded by Alderman Pogue to contract out the service to Katsam Enterprises for $14,650.  A voice vote was taken with a unanimous affirmative result and the motion passed.

Selection Process:  City Administrator Kuntz said there are 63 applicants for the position of municipal judge.  He asked how the Board wants to proceed.  He said options include, interview everyone, do a group cut session, for a representative committee consisting of one member from each ward to look for required factors, or assign Human Resource Coordinator Morrison screen out the list for semi-finalists.  He said all of the interview questions have been provided.  He asked for a date that the applicants will be interviewed.  Notices can be sent out.

Alderman Kerlagon said that it makes good sense for the Human Resource department to do the initial screening.  Alderman Terbrock said that the idea was to have the Board more involved in the process.  This would be giving away the purpose that was set out in the beginning.  The reason for this is that the Board wanted to have the security and feeling that anyone who wanted to be involved in the process from the beginning could do so. 

Alderman Robinson said the Board is focusing on the process instead of substance.  Guidance has to be given to whoever is going to do the initial cut and how this should be done.  An applicant should be told that they were not selected because of these objective criteria.  He said the Board will be examined more for how this is being done than who is selected.  He said he will continue pushing for objective criteria. 

Alderman Suozzi said that a list of requirements were sent out for the job.  Some of the applicants did not meet the minimum requirements.  Human Resource Coordinator Morrison said that all of the requirements could not be placed in the newspaper ad due to cost.  Further information was posted on the website stating that these are the other things that may be taken into account, but necessarily the final factors.  Not everyone has court experience.  Not every attorney is rated by Martindale Hubble.  Some applicants have years of experience and others have just started in the last 2 or 3 years.  City Attorney Lucchesi said that any attorney can asked to be rated by Martindale Hubble.  The job has nothing to do with it.

Alderman Buermann asked if some of the interview questions could be sent to the applicants and then review their responses.  Alderman Kerlagon suggested using the length of experience as an initial cut.  Alderman Robinson said that he can cut down the number of questions to 20 for each applicant.

City Attorney Lucchesi said that an applicant should not have to spend time answering questions if it is known that they would not be accepted.  Alderman Robinson said the controlling criteria is not going to be if they have been a municipal prosecutor or a municipal judge.  He said that former municipal judge Ray Wagner probably would not have made the first cut on this list if the objective criteria being discussed were used.  He was an excellent municipal judge. 

Alderman Suozzi asked if the applicants could be expected to meet 6 of the 9 criteria statements in order to be considered.  Human Resource Coordinator Morrison said that designating 15 years of experience would cut the applicants in half. 

Alderman Terbrock said that not every applicant meets the criteria for consideration.  If they don’t, then they shouldn’t be considered. 

Mayor Young said that if 15 years experience as an attorney is the cut, the applicants that did not make the cut could still be considered as a provisional judge applicant.  Alderman Lembke said that if 15 years of service is used as the initial criteria, the applicants that did not make that cut could be dropped off.  There will be ample qualified applicants in those who made the cut for a municipal judge and a provisional judge. 

Alderman Suozzi said that publications and honors could be eliminated from the initial criteria.  Alderman Buermann said that the Martindale Hubble rating and residency could be eliminated.  Alderman Kerlagon said that it does not have to be justified to every candidate why they were not hired.  Normally a letter is sent thanking them for applying and stating that we have made our decision.  Human Resource Coordinator Morrison said that if 15 years experience is used, that will bring the applicants down to 32.  Alderman Suozzi suggested interviewing with 3 teams, which would be 10 interviews per team.  Alderman Kerlagon said that interviewing 32 applicants is not being wise stewards of the time as aldermen.  Alderman Robinson said that it is using time wisely because he doesn’t want to hire someone just because they look good on paper.  He said that establishing a cut off at 15 years is not objective, it’s arbitrary.  He said that points should be given to someone with 18 years experience than someone with 14 years 11 months experience.  The person with less experience may be a better judge than the one with 18 or 20 years experience. 

Alderman Fleming suggested that one representative from each ward, along with the City Attorney, Mayor, Human Resources Coordinator, and City Administrator review the resumes and select no more than 15 applicants or 10 to be interviewed by whatever criteria the deem acceptable. 

Human Resource Coordinator Morrison said that 63 people would not all expect to get an interview.  They are professional, they work in professional settings, and even 32 would not expect to be interviewed.  She said that’s a lot to ask of them and the Board.  They have been in hiring situations before and would not do this in their own business practice and would not ask the Board to do the same.

Alderman Fleming said that the process in the past allowed the administration committee to review the applicants.  If a certain group of people are selected to review the resumes and they are empowered to make the decision who the final candidates are, he said he is in favor of this. 

City Attorney Lucchesi suggested that each criteria be used to determine how many applicants qualify.  The Board could then decide how many criteria is worthwhile to look at and what is the breakdown.  He said to list how many applicants meet each criteria from 9 all the way down to 1. 

City Administrator Kuntz said he would like a motion to extend the term of the provisional judge, and with Board approval, until such time as the position is filled, and approval to send a letter thanking them for their interest and letting them know that this is a difficult decision, and it is taking longer than anticipated. 

A motion was made by Alderman Robinson to extend the term of the provisional judge for another 60 days and that a letter be sent to the applicants thanking them for their interest in the position and advising them that the process will take longer than anticipated because of the number of applicants.  If they have publications listed, ask them to send us copies. 

Alderman Suozzi suggested that the term of the provisional judge be extended until the position is filled.  Alderman Robinson said that if there isn’t a deadline, nothing will get accomplished.  Alderman Fleming suggested the first of October.  Alderman Suozzi said there are 63 applicants waiting to hear about this.  Alderman Buermann agreed with the October deadline and suggested that the process not extend into the budget preparation.  Alderman Robinson said it is unreasonable for the applicants to have to wait 5 months for a decision. 

A motion was made by Alderman Buermann and seconded by Alderman Fleming to extend the term of the provisional judge to October 1.  A voice vote was taken.  Aye:  Aldermen Buermann, Fleming, Kerlagon, Lembke.  Nays. Suozzi, Terbrock, Robinson, Pogue.   Mayor Young cast the deciding vote of October 1.  He said that he would like to see this completed sooner than October 1.

Alderman Robinson said that the deadline has been extended but nothing else has been accomplished.  Suggestions have been made but nothing has been decided.  We haven’t moved ahead on this process. 

Alderman Fleming said that a lot of progress has been made since the issue was first presented.  There are 63 applicants and we are working on a process.  He said that concerns have been taken seriously and attempts have been made to improve the process.  City Attorney Lucchesi said that at the next meeting, there will be segregated numbers in each category and the Board can decide how to proceed.  A letter will be sent to all 63 applicants. 

Alderman Robinson said he would like to see a small group to consider a criteria and making the cuts.  Human Resource Coordinator Morrison suggested phone interviews.  This would be less intrusive than having the applicants come to an interview.  There could be 5 yes or no questions. 

Alderman Lembke said that he doesn’t know what it takes to be a judge and a decision should be made about the objective criteria.  He suggested that the City Attorney and Alderman Robinson who is an attorney to help with the process and criteria.  He said the Board is no closer to having criteria today than six months ago. 

None.

Alderman Suozzi congratulated City Administrator Kuntz for being named the City Administrator of the Year by the City Management Association. 

A motion was made by Alderman Buermann and seconded by Alderman Kerlagon to adjourn.  The motion passed unanimously and the meeting was adjourned at 9:47 p.m.

Walter S. Young, Mayor

ATTEST: Robert A. Kuntz, City Administrator 

MC