Board of Aldermen Meeting

Meeting Agenda

Meeting Agenda click here

 

 

 

Meeting Minutes

MINUTES OF THE BOARD OF ALDERMEN MEETING
CITY OF BALLWIN – 300 PARK DRIVE
February 8, 2010

The meeting was called to order by Mayor Pogue at 7:01 p.m.

             PRESENT                                                                   ABSENT
MAYOR TIM POGUE 
ALDERMAN JIMMY TERBROCK 
ALDERMAN PRESS MCDOWELL 
ALDERMAN JANE SUOZZI 
ALDERMAN FRANK SCHMER 
ALDERMAN FRANK FLEMING 
ALDERMAN JIM LEAHY 
ALDERMAN RICHARD BOERNER 
ALDERMAN KEN MELLOW 
CITY ADMINISTRATOR ROBERT KUNTZ 
CITY ATTORNEY ROBERT E. JONES 

The Pledge of Allegiance was given.

MINUTES

The Minutes of the January 25, 2010 Board of Aldermen Workshop and closed session were submitted for approval.  Alderman Boerner amended the Minutes as follows:  Page 4, Paragraph 9, adding “Alderman Boerner suggested that Ballwin could generate $20,000 - $40,000 in additional revenues by fully investing the unreserved surplus, which is about $2.5 million that is in a money market account.”  A motion was made by Alderman Mellow and seconded by Alderman Boerner to approve the Minutes as amended.  A voice vote was taken with a unanimous affirmative result and the motion passed.

PRESENTATION
None.

PENDING ISSUES
None.

CITIZEN COMMENTS

Ron Markland, 15908 Wetherburn Road:  Mr. Markland spoke to the Board regarding records retention.  He said that he has a petition audit form from the Missouri State Auditor’s office.  Mr. Markland has been delaying obtaining signatures because he was hoping that the City would correct alleged errors in purchasing and conducting closed meetings that he said are in violation of State law.  He said the city has a newly found problem of a lack of storage space and must be resolved by the destruction of any record prior to 2009.  He said he will collect the signatures required to request an audit to go beyond the past fiscal year, and any alderman voting for this will bear the consequences and any alderman running for re-election had better be prepared to explain this action. 

City Administrator Kuntz said that the records are account payable vouchers, check registers, and account receivable files.  The destruction of records is done at least twice each year and has been done for many years.  This is a routine matter and not a new or sudden procedure.  These are financial records that are from 2004 and 2005. 

Jim Nelson 15961 Downall Green Drive:  Mayor Pogue said that this is regarding a case that is pending litigation; therefore, comments cannot be taken at this time.  Mr. Nelson said that there is no legal basis to deny him to speak about something that the people in this city need to know. 

City Attorney Jones said that the Board and Mayor are not required to take public comments from anyone about anything.  This is merely a courtesy.  If the Mayor and Board decide that they don’t want to listen to an adversary who is suing the City of Ballwin, about something that has been submitted to the Courts, it is within their prerogative to do this. 

PUBLIC HEARINGS
None.

NEW BUSINESS

LEGISLATION

BILL # 3612 - AN ORDINANCE ADDING A NEW SECTION 17-13 TO THE CODE OF ORDINANCES OF THE CITY OF BALLWIN WITH RESPECT TO THE MISUSE OF 911.

A motion was made by Alderman Suozzi and seconded by Alderman Terbrock for a first reading of Bill No. 3612.  A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3612 was read for the first time.

A motion was made by Alderman Terbrock and seconded by Alderman Suozzi for a second reading of Bill No. 3612.  A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3612 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3612 with the following results: 
Ayes – Terbrock, Suozzi, Schmer, Boerner, McDowell, Leahy, Mellow, Fleming.  Nays – None.  Bill No. 3612 was approved and became Ordinance No. 10-04.

BILL # 3608 - AN ORDINANCE AUTHORIZING THE CITY OF BALLWIN TO ENTER INTO AND EXECUTE A CONTRACT WITH ST. LOUIS COUNTY, MISSOURI FOR THE MOSQUITO CONTROL SERVICE AND AUTHORIZING AND DIRECTING THE CITY ADMINISTRATOR OF THE CITY OF BALLWIN TO ENTER INTO, ON BEHALF OF SAID CITY, A CONTRACT WITH ST. LOUIS COUNTY, MISSOURI FOR MOSQUITO CONTROL SERVICE.

A motion was made by Alderman Terbrock and seconded by Alderman Leahy for a first reading of Bill No. 3608.   A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3608 was read for the first time.

Alderman Fleming said that if Ballwin sprayed half as much as it has done in the past, which is every other week, the cost would be $11,113.  The St. Louis County proposal is estimated at $13,000.  There is no cap on the charge.  He prefers Ballwin providing the service. 

Alderman Terbrock said that he agrees that the service should remain under Ballwin control. 

Alderman Suozzi said that there was the opinion that Ballwin was spraying too often.  She said there could be a cap put on a contract, but if it is a bad mosquito season, we may not have the option to lift the cap. 

Alderman Leahy said that he is very concerned about the cost.  City Engineer Kramer said that St. Louis County is prohibited by their own ordinances of making any profit from other cities.  The $13,000 is based on previous years experiences in surrounding cities and miles of streets.  He said that $13,000 is half of the previous cost.  Ballwin crews were spraying everywhere without any indication of a need.  St. Louis County will only spray as-needed, not based on trap results and West Nile outbreaks. 

Alderman Boerner said that St. Louis County has the most up to date information because its staff members attend an annual convention or seminar on this subject.  Our Ballwin crews do not do this. 

Alderman Fleming said that St. Louis County will spray as needed.  How do they determine the need?  He feels that we can be more responsive by providing this service in-house. 

Alderman McDowell said that St. Louis County explained how need is determined in its proposal.  He believes this is an intelligent approach.  City Engineer Kramer said that if the Board wants to try this method for one year, the equipment owned by Ballwin will still be here. 

Alderman Suozzi said that St. Louis County is also focused on larvicide treatment in addition to spraying adult mosquitoes. 

A motion was made by Alderman McDowell and seconded by Alderman Boerner for a second reading of Bill No. 3608.  A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3608 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3608 with the following results: 
Ayes – McDowell, Suozzi, Boerner, Mellow, Schmer, Leahy.  Nays – Terbrock, Fleming.  Bill No. 3608 was approved by a vote of 6-2 and became Ordinance No. 10-05.

BILL # 3613 - AN ORDINANCE AMENDING CHAPTER 18 OF THE CODE OF ORDINANCES OF THE CITY OF BALLWIN WITH RESPECT TO CERTAIN FEES.

A motion was made by Alderman Suozzi and seconded by Alderman Leahy for a first reading of Bill No. 3613.   A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3613 was read for the first time.

A motion was made by Alderman Leahy and seconded by Alderman Terbrock for a second reading of Bill No. 3613.  A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3613 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3613 with the following results: 
Ayes – Leahy, Terbrock, Suozzi, Schmer, Fleming, Mellow, McDowell, Boerner.  Nays – None.  Bill No. 3613 was approved and became Ordinance No. 10-06.

BILL # 3614 - AN ORDINANCE AMENDING PURCHASING AND BIDDING REQUIREMENTS FOR CONTRACTS WITH THE CITY OF BALLWIN.

A motion was made by Alderman Terbrock and seconded by Alderman Suozzi for a first reading of Bill No. 3614.   A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3614 was read for the first time.

A motion was made by Alderman Boerner and seconded by Alderman Fleming for a second reading of Bill No. 3614.  A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3614 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3614 with the following results: 
Ayes – Boerner, Suozzi, Leahy, Terbrock, Schmer, Mellow, McDowell, Fleming.  Nays – None.  Bill No. 3614 was approved and became Ordinance No. 10-07.
BILL # 3615 - AN ORDINANCE AMENDING THE 2010 BUDGET OF CASH REVENUE AND CASH DISBURSEMENTS FOR THE CAPITAL AND OPERATING REVENUE FUNDS OF THE CITY OF BALLWIN, ST. LOUIS COUNTY, MISSOURI, PROVIDING FOR EXPENDITURE REVISIONS IN ACCORDANCE WITH SAID BUDGET AND MAKING RE-APPROPRIATIONS THEREOF.

A motion was made by Alderman Suozzi and seconded by Alderman Leahy for a first reading of Bill No. 3615.   A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3615 was read for the first time.

Mayor Pogue asked City Administrator Kuntz to give a brief summary regarding the purpose of this legislation.  City Administrator Kuntz said that auditors are careful about any year-end type of purchases that are not delivered and paid before the end of the year.  An encumbrance was formerly used for this purpose, but the auditors now want all purchases closed by year end.  In this case, the climbing wall for The Pointe was authorized prior to year end, but due to a manufacturer’s recall and other circumstances beyond our control it could not be purchased in 2009.  The climbing wall was re-bid, but the grant funding and the expenditure must be put into the 2010 budget.  This is an attempt to keep the records in compliance with the auditors’ requirements. He said that these are new accounting standards and the old practices are no longer acceptable. 

A motion was made by Alderman Terbrock and seconded by Alderman Leahy for a second reading of Bill No. 3615.  A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3615 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3615 with the following results: 
Ayes – Terbrock, Mellow, Boerner, McDowell, Fleming, Schmer, Leahy, Suozzi.  Nays – None.  Bill No. 3615 was approved and became Ordinance No. 10-08.

CONSENT ITEMS:  (Budgeted items which are low bid and do not exceed expenditure estimates and/or items which have been previously approved in concept.)

A. Ballwin Days Festival Ride Contract (Miller Spectacular Shows, Inc.)
B. Destruction of Records (2004 and 2005) (Missouri Revised Statutes Chapter 109, Section 255)
C. Pointe Climbing Wall (Motion Fitness LLC ($8,700, Grant $7,830, Ballwin’s share $870)

Alderman Fleming requested that Item “B” be removed for further discussion.

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

MAYOR’S REPORT

Great Streets Initiative:  Mayor Pogue said that it has been discussed that there should be a secondary oversight group over the entire corridor.  The discussion was regarding different approaches such an organization could take.  He asked for the Board’s direction. 

City Administrator Kuntz said that there will have to be a coordinator and some local continuing funding contribution.  It was felt that this Board was supportive of a long-term commitment to a regional approach to revitalizing the corridor.  The Board agreed that they are comfortable with proceeding forward with investigating such an organization. 

CITY ADMINISTRATOR’S REPORT

Destruction of Records:  City Administrator Kuntz said that twice each year, by official Board action and based on the State Record Retention Policy, outdated city records can be destroyed.  Minutes and legislation are kept indefinitely, certain records are kept in fire-proof containers.  Records of short term importance are in “banker boxes” that are stored on shelves in the lower level basement of the Government Center.  Traditionally, at the end of a fiscal year, the oldest records are pulled for destruction to make room for the current records that will be transferred to the lower level.  Finance Officer Loehr said that the State Statute has recently been changed so that certain records can be destroyed immediately after the audit of the current year.  Previously, these records were required to be retained for 5 years.  She said that she keeps the records for 3 years.  The State requires that the records be kept for 1 year (State Statute 109.255) , but we are keeping the records for 3 years.  No electronic records are being destroyed. 

Alderman McDowell said that after an audit and a clean report is issued, the City can move forward and even electronic records do not have to be kept indefinitely because doing so serves no purpose.  Alderman Boerner said he would like to see a more detailed description of the records that are going to be destroyed.  The Board agreed to hold over this item for more information. 

Purchasing Policy:  City Administrator Kuntz said that everything that the City does with respect to purchasing has been included in a legislative format.  Therefore, the purchasing policy can be eliminated the Policy Manual. 

A motion was made by Alderman Suozzi and seconded by Alderman Mellow to delete the Purchasing Policy from the Policy Manual since all of the purchasing information is included in the legislation.  A voice vote was taken with a unanimous affirmative result and the motion passed.

STAFF REPORTS

Temporary Signs:  City Planner Aiken said that the owner of a business in Ballwin received a notice of violation for a temporary sign that was placed in front of her business.  She felt that this was a problem because removing the sign would hamper her ability to successfully conduct business.  A committee was formed to review the sign code.  The recommended changes will give more flexibility to the business community in terms of temporary signs.  Amending the sign code will require legislation. 

City Planner Aiken said that the Great Streets sign guidelines are being formulated.  He said it’s possible that the recommended changes will be amended again in the near future.  The current code has been in place since 1982.  Alderman Leahy recommended that City Attorney Jones review the code changes.  The Board agreed.  Alderman McDowell said that the Board needs to discuss the various aspects of the code.  The current sign code reflects a philosophy that the City of Ballwin has had for years and is very conservative.  More discussion will be held by the Board after the City Attorney reviews the document. 

Wheel Loader:  City Engineer Kramer said the 2010 budget includes the replacement of a 1997 JCB backhoe with 2,532 hours of operation that was taken out of service in 2009 due to costly mechanical problems.  The budgeted purchase of a wheel loader replacement for $118,744 is proposed to be paid over 3 years using tax exempt financing.  The equipment would be used in the summer months to load broken concrete in the Fall to load the leaves into the roll-off boxes that Allied Waste hauls away, and in the winter to load salt into the trucks.  The second low bidder, Erb Equipment Co., meets all of the bid specifications for a cost difference of $614 more than the low bid, which did not meet all specifications. 

A motion was made by Alderman Schmer and seconded by Alderman Mellow to accept the State bid for the wheel loader in the amount of $118,744 from Erb Equpment Co.  A voice vote was taken with a unanimous affirmative result and the motion passed. 

Wheel Loader Financing:  City Administrator Kuntz said that financing is recommended because of the large amount of the equipment purchase and the low interest rate of 2.5%.  This would allow more money for street repairs if the whole amount was not spent at one time on the equipment. 

A motion was made by Alderman Fleming to purchase the equipment without financing. 
The motion died for lack of a second. 

A motion was made by Alderman McDowell and seconded by Alderman Mellow to purchase the equipment with financing from UMB Bank at the annual rate of 2.5%.  A voice vote was taken with the following result:  Aye:  McDowell, Terbrock, Schmer, Suozzi, Leahy, Boerner, Mellow.  Nay:  Fleming.  The motion passed by a vote of 7-1.

Lighting Fixtures:  Director of Parks & Recreation Bruer said that bid packages were sent to 11 contractors, and 6 bids were received for the purchase of new compact light fixtures for the banquet room at the Golf Club.  The fixtures will be energy efficient can lights with dimmable ballasts.  The project was advertised on Reed Construction Data, AGC, Dodge Reports, and Ballwin’s website.  The bids ranged from a high of $13,476.50 to the low of $11,669.01.  It was recommended that the 67 fixtures be purchased from the low bidder, City Lighting in the amount of $11,669.01.  Installation will be done by City staff. 

Alderman Schmer said that it was suggested that perhaps the Golf Club should be rebuilt.  If that is a possibility, should money be spent on all of the renovation at this time?  City Administrator Kuntz said this is a long term goal, not for the immediate future.  The current facility needs to be updated to enhance revenue. 

Alderman Terbrock asked if LED fixtures were discussed.  Director of Parks & Recreation Bruer said that this was not discussed because the lights to be installed are energy efficient. 

A motion was made by Alderman McDowell and seconded by Alderman Mellow to approve the purchase of the light fixtures for the Golf Club.  A voice vote was taken with a unanimous affirmative result and the motion passed.

Median Maintenance:  Director of Parks & Recreation Bruer said that Ballwin contracts out the maintenance of the landscaped medians on Manchester Road, Ballpark, Jefferson, Clayton Road, and now Big Bend Road.  Only one bid was received for the landscape median maintenance.  This was from U.S. Lawns in the amount of $6,380.00.  The project was advertised on Reed Construction Data, AGC, Dodge Reports, and Ballwin’s website.  Bid packages were also sent to eight contractors.  It was recommended that the contract be awarded to U.S. Lawns in the amount of $6,380. 

A motion was made by Alderman McDowell and seconded by Alderman Mellow to approve the median maintenance contract for $6,380.  A voice vote was taken with a unanimous affirmative result and the motion passed.

Tree Removal:  Director of Parks & Recreation Bruer said a $10,000 tree trimming grant was received from the Missouri Department of Conservation for the removal of 20 Ash trees along Old Ballwin Road.  Seven bids were received and the second low bid from Gamma Tree Service, in the amount of $5,360, is recommended for approval.  This bid is only $10 more than the low bidder which is unknown and provided no references.  Gamma Tree Service is a well known reputable contractor in the St. Louis area and will have a certified arborist on site at all times.  The price includes removal of the trees and grinding the stump.  Our Parks Department crew will plant disease-resistant trees in their place. 

A motion was made by Alderman Schmer and seconded by Alderman Leahy to approve the Gamma Tree Service bid.  A voice vote was taken with a unanimous affirmative result and the motion passed.
CITY ATTORNEY’S REPORT
None.

ALDERMANIC COMMENTS

City Attorney:  Alderman Boerner said that the Finance & Administration Committee recommended that Bill # 3480, which changed the reporting of the City Attorney to the City Administrator, be changed to the Mayor and Board of Aldermen. 

A motion was made by Alderman Boerner and seconded by Alderman Fleming to draft legislation to amend Bill # 3480 and have the City Attorney and City Prosecutor report to the Mayor and Board of Aldermen.  A voice vote was taken with the following result:  Aye: Fleming, Leahy, Schmer, Boerner   Nay:  McDowell, Suozzi, Terbrock, Mellow.  The vote was 4-4.  Mayor Pogue cast the deciding vote by voting Aye.  The motion passed by a vote of 5-4. 

Computer Software:  Alderman Schmer suggested that the Finance Department investigate and perhaps purchase new computer software to increase the efficiency of their job.  City Administrator Kuntz said that this can be included in the next budget.  It will require research, demonstrations, reference checks. 

Deer Problem:  Alderman Mellow said that the deer population in this area has dramatically increased.  He suggested that the Conservation Department task force to be reconvened to study the problem.  City Administrator Kuntz said that the plan is to host a community information forum at The Pointe on dealing with wildlife.  This will consist of a presentation and questions.  The role of Ballwin is limited, but participation and interest is vital.  He said this will be formulated within the next week to 10 days.

Audit:  Alderman Boerner said that if someone is threatening the Board, one course of action is a petition to have the State do an audit.  This requires 1,218 signatures, by State Statute.  He said this appears to be what Mr. Markland is referring to. 

Alderman Schmer said that while it may be the practice, he is skeptical about destroying the records at this time. 

Alderman McDowell said that a legal issue is before this Board.  He asked City Attorney Jones if these issues should be discussed in open session when pending litigation is in the process.  City Attorney Jones said that the resident’s desire to obtain signatures on a petition to audit the City of Ballwin is not directly related to either of the causes of action against the City.  The number of signatures is based on the number of voters in the last gubernatorial election. 

On-line Registration:  Mayor Pogue said that The Pointe on-line registration for summer programs starts March 1. 

Adjourn:  A motion was made by Alderman Suozzi and seconded by Alderman Mellow to adjourn.  The motion passed unanimously and the meeting was adjourned at 8:49 p.m.

TIM POGUE, MAYOR

ATTEST:
ROBERT A. KUNTZ, CITY ADMINISTRATOR

MC