Board of Aldermen Meeting

Meeting Agenda

CITY OF BALLWIN
BOARD OF ALDERMEN MEETING
March 10, 2014 - 7:00 p.m.
At 300 Park Drive, Donald “Red” Loehr Police & Court Center
www.ballwin.mo.us

1. Call to Order

2. Roll Call

3. Pledge of Allegiance

4. Approval of Minutes: February 24, 2014 Board of Aldermen meeting & closed session

5. Presentation: None.

6. Pending Issues: None.

7. Citizen Comments:

8. Public Hearing: None.

New Business:

9. Legislation Next Ordinance # 14-06
A. None.

10. Consent Items
    A. Parks Mower
    B. Golf Course Tractor
    C. Golf Course Mower
    D. Golf Course Chemicals
    E. Ballwin Days Rides
    F. Ballwin Days Fireworks

11. Mayor’s Report
    A. Closed Session – Personnel
    B. Compensation

12. City Administrator’s Report
    A. Pointe Pool Resurfacing
    B. Police Dept. Office Workstations

13. Staff Reports
    A. None.

14. City Attorney’s Report
    A. Legal Issues

15. Aldermanic Comments

16. Adjourn

NOTE: Due to ongoing City business, all meeting agendas should be considered tentative. Additional issues may be introduced during the course of the meeting.
CLOSED SESSION: Pursuant to Section 610.022 RSMo., The Board of Aldermen could, at any time during the meeting, vote to close the public meeting and move to closed session to discuss matters relating to litigation, legal actions, and/or communications from the City Attorney, as provided under Section 610.021(1) RSMo., and/or personnel matters under Section 610.021(13) RSMo., and/or employee matters under Section 610.021(3) RSMo., and/or real estate matters under Section 610.021(2) or other matters as permitted by Chapter 610.

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BOARD OF ALDERMEN MEETING BRIEFS
March 10, 2014 7:00 p.m.
300 Park Drive – Donald “Red” Loehr Police & Court Center

This is a condensed summary of the action items which will be considered at tonight’s Board Meeting. It has been prepared to give you a greater understanding of the issues which will be discussed. If you have comments, questions, or concerns, please call (636) 227-8580. If you would like to know more about the programs or services which we provide, please dial our 24-Hour Information Line (636) 207-2300, or visit us on the web at www.ballwin.mo.us.
CITIZEN COMMENTS

If you wish to address the Board during this meeting, please fill out the “Citizen Comments: To Address the Board of Aldermen” form and place it in the tray on the table at the front of the Board Room before the meeting begins. Topics of a global nature, such as requests for ballot initiative endorsements, should be submitted in writing to the City Clerk at 14811 Manchester Road, or e-mailed to mclark@ballwin.mo.us prior to the meeting.

Please limit your comments to 3 minutes as an individual and 5 minutes representing a group. Please avoid repeating comments others have already made.
Thank you for your cooperation.

MINUTES
The Minutes from the February 24 Board of Aldermen meeting and closed session are submitted for approval.

PARKS MOWER
It is recommended that we purchase this replacement mower from Erb Equipment, who submitted the low bid of $14,922 with trade.

GOLF COURSE TRACTOR
It is recommended that this replacement equipment be purchased from Turfwerks, who submitted the low bid of $29,191, with trade.

GOLF COURSE MOWER
It is recommended that we purchase a new articulating mower from Turfwerks, who submitted the lowest of 3 bids in the amount of $17,270 with trade.

GOLF COURSE CHEMICALS
It is recommended that we purchase this year’s supply of fertilizers, fungicides, and herbicides from a variety of low bidders on a unit price basis, with the aggregate total not to exceed $40,865.

BALLWIN DAYS RIDES
It is recommended that this contract with Miller Spectacular Shows be renewed with no significant changes.

BALLWIN DAYS FIREWORKS
It is recommended that this contract be awarded to J&M Displays, since they offered the most extensive displays for our budget.

CLOSED SESSION
Mayor Pogue would like to adjourn into closed session at the end of the meeting to conduct annual personnel reviews.

COMPENSATION
Mayor Pogue would like to call for a bill to adjust the compensation of the City Attorney.

POINTE POOL RESURFACING
It is recommended that this maintenance repair contract be awarded to Schilli Plastering, who submitted the low bid of $89,318.

POLICE DEPT. OFFICE WORKSTATIONS
It is recommended that we accept the low bid of $9,287.95 from RBF Interiors to refurbish existing workstations and construct a new reception counter.

Meeting Minutes

MINUTES OF THE BOARD OF ALDERMEN MEETING
CITY OF BALLWIN – 300 Park Drive
March 10, 2014

THE MINUTES ARE PREPARED IN SUMMARY TO REFLECT THE OVERALL DISCUSSIONS,
NOT VERBATIM QUOTES.

The meeting was called to order by Mayor Pogue at 7:03 p.m.

PRESENT                                                           ABSENT
MAYOR TIM POGUE
ALDERMAN JIMMY TERBROCK
ALDERMAN MICHAEL FINLEY
ALDERMAN MARK HARDER
ALDERMAN SHAMED DOGAN
ALDERMAN FRANK FLEMING
ALDERMAN JIM LEAHY
ALDERMAN KATHY KERLAGON
ALDERMAN MIKE BOLAND
CITY ADMINISTRATOR ROBERT KUNTZ
CITY ATTORNEY ROBERT E. JONES

The Pledge of Allegiance was given.

MINUTES
The Minutes of the February 24, 2014 Board of Aldermen meeting and closed session were submitted for approval. A motion was made by Alderman Fleming and seconded by Alderman Boland to approve the Minutes. A voice vote was taken with a unanimous affirmative result and the motion passed.

PRESENTATION
None.

PENDING ISSUES
None.

CITIZEN COMMENTS
None.

PUBLIC HEARINGS
None.

NEW BUSINESS

LEGISLATION
None.

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. Parks Mower
B. Golf Course Tractor
C. Golf Course Mower
D. Golf Course Chemicals
E. Ballwin Days Rides
F. Ballwin Days Fireworks

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

MAYOR’S REPORT
Closed Session – Personnel: Mayor Pogue said that there will be a closed session at the end of the Board meeting for personnel evaluations, per Section 610.013.

City Attorney Compensation: Mayor Pogue asked that an ordinance be prepared for the amount that was approved by the Board.
A motion was made by Alderman Fleming and seconded by Alderman Terbrock to prepare the legislation amending the City Attorney compensation. A voice vote was taken with a unanimous affirmative result and the motion passed.

City/County Merger Proposed Resolution: Mayor Pogue asked the Board to authorize City Attorney Jones to draft a Resolution in opposition to the City/County merger, for Board vote at the next meeting. If approved, the Resolution will be sent to Charlie Dooley, Mayor Francis Slay, and the Better Together organization, stating Ballwin’s opposition to the City/County merger. As this has progressed, he said this is very bad for the residents of the City of Ballwin.

Alderman Fleming said that his voting for the Resolution will be contingent on the wording of the document. He asked if other cities have done this. Alderman Terbrock said no. Ballwin will be the first to start the move.

Alderman Terbrock said he believes that Ballwin should proceed to voice disapproval of this merger. In the meeting, he said everyone was told that those collecting the information were doing no analysis, and only compiling information. The e-mails that he has received projects a broad analysis of the information. They are not being truthful. Ballwin should go forward with opposition to the merger.

Mayor Pogue said that their biggest reason for the City/County merger is to water down the crime statistics. There are municipalities that under-serve their residents. He said that Ballwin does not fit into that category. He does not want Ballwin to lose control of the services that are provided to the residents, just to water down crime statistics, or take care of municipalities that are not able to take care of themselves.

Alderman Harder said he agrees with Mayor Pogue and Alderman Terbrock. This is an issue that Ballwin should be the first to move forward in opposition. There will be more cities that will be taking the same action.
Alderman Terbrock said that the State Legislators should also receive this Resolution.

A motion was made by Alderman Terbrock and seconded by Alderman Harder for City Attorney Jones to draft a Resolution in opposition to the Better Together’s goal of the City/County merger. A voice vote was taken with the following result: Aye: Terbrock, Finley, Harder, Dogan, Leahy, Kerlagon, Boland. Nay: Fleming. The motion passed by a vote of 7-1.

Alderman Fleming said that the reason for his Nay vote is that asking for a Resolution does not appear on this agenda. He doesn’t think this requires an emergency response. He wants to see this item on the agenda and have time to consider the wording. He said he will offer his suggestions to City Attorney Jones in preparation of the Resolution.

CITY ADMINISTRATOR’S REPORT

Pointe Pool Resurfacing: City Administrator Kuntz said that it has been 10 years since the pool has been re-surfaced. Seven to eight years is the industry standard. The pool has been patched in a number of places during the annual maintenance. The patching causes a very rough surface for the users of the pool. Staff is recommending awarding the contract to the lowest of the two bids received, Schilli Plastering in the amount of $89,318.

A motion was made by Alderman Fleming and seconded by Alderman Kerlagon to approve the Pointe pool resurfacing project as submitted by staff. A voice vote was taken with a unanimous affirmative result and the motion passed.

Police Department Office Workstations: City Administrator Kuntz said bids were solicited to refurbish the existing work stations and construct a new reception counter for more efficient service and usage. The workstations are over 20 years old and have suffered normal wear and tear due to their age, and the fabric panels and trim are faded, worn and scratched.

A motion was made by Alderman Fleming and seconded by Alderman Boland to accept the recommendation of Staff. A voice vote was taken with a unanimous affirmative result and the motion passed.

City Administrator Kuntz said that the front lobby has been painted by Ballwin personnel, and the lobby furniture has been replaced. The 50th Anniversary of the Ballwin Police Department will include a public open house and other events. Police Chief Schicker said that the worn floor surfaces have also been replaced.

STAFF REPORTS
None.

CITY ATTORNEY’S REPORT
None.

ALDERMANIC COMMENTS
Public Works Department: Alderman Dogan said the Ballwin Public Works Department has done a very good job of clearing the streets during the very harsh and long winter season. He said that the budget may have been exceeded this winter and with the pothole repair.

City Administrator Kuntz said that the Ballwin website has a section for the residents to report potholes. He said there is no excess money for salt and snow removal.

Letter Received: Alderman Kerlagon said she received a letter in the mail with no identification as to who sent this to her. The sender noted many items, such as condition of the subdivision, need for code enforcement, etc. She said she wants to try to help the citizen regarding the concerns expressed in the letter, but there is no way to communicate because the letter and envelope shows no name or address of the sender. She asked that if this citizen becomes aware of her concerns in this meeting, that he/she please contact her so that she can address their concerns.

Resolution Preparation: (See Alderman Fleming’s comments on the City/County Merger Resolution above).

Adjourn to Closed Session: A motion was made by Alderman Kerlagon and seconded by Alderman Fleming to adjourn to closed session to discuss personnel annual review, according to Section 610.013. A roll call vote was taken with the following results: Ayes: Aldermen Boland, Kerlagon, Fleming, Leahy, Dogan, Harder, Terbrock, Finley. Nays: None. The motion passed to adjourn to closed session at 7:21 p.m.

Closed Session:
The Board convened in closed session at 7:30 p.m.

A motion was made by Alderman Fleming and seconded by Alderman to adjourn the closed session. A roll call vote was taken with a unanimous result, and the closed session was adjourned at 8:25 p.m.

The Board reconvened in open session at 8:26 p.m.

Municipal Judge Nye and Prosecuting Attorney Graville discussed issues concerning the municipal court. Members of the Board of Aldermen, Mayor, and City Attorney asked questions of both the Judge and Prosecuting Attorney. The Judge and Prosecuting Attorney left the meeting and a short discussion was held concerning compensation of the Judge and Prosecuting Attorney.

A motion was made by Alderman Fleming and seconded by Alderman Leahy to adjourn the open session. The motion passed unanimously and the meeting was adjourned at 8:26 p.m.

TIM POGUE, MAYOR

ATTEST:
ROBERT A. KUNTZ, CITY ADMINISTRATOR

MC