Board of Aldermen Meeting and Refuse Collection Public Hearing

Meeting Agenda

PUBLIC HEARING
RE: REFUSE COLLECTION

The Ballwin Board of Aldermen will conduct a Public Hearing on April 13, 2009 at 7:00 p.m. during the Board Meeting to discuss the Residential Refuse Collection contract options. 

Allied Waste has proposed a 5-year extension based on current service levels, or a reduced rate for trash and recycling only with yard waste and leaf collection for an additional fee on a subscription basis.  Citizen comments and input will be welcome during this discussion. 

The meeting will be held at the Donald “Red” Loehr Police and Court Center at 300 Park Drive.  This meeting and all other meetings are open to the public and the building is handicapped accessible.

Robert Kuntz, City Administrator

Residents of Ballwin are afforded an equal opportunity to participate in the programs and services of the City of Ballwin regardless of race, color, religion, sex, age, disability, familial status, national origin or political affiliation.  If you are a person requiring an accommodation, please call (636) 227-8580 (V) or (636) 527-9200 (TDD) or 1-800-735-2966 (Relay Missouri) no later than 5:00 P.M. on the third business day preceding the hearing.  Offices are open between 8:00 A.M. and 5:00 P.M. Monday through Friday.

Meeting Agenda click here

Meeting Minutes

MINUTES OF THE BOARD OF ALDERMEN MEETING
CITY OF BALLWIN – 300 PARK DRIVE
April 13, 2009

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

             PRESENT                                                    ABSENT
MAYOR WALT YOUNG 
ALDERMAN TIM POGUE 
ALDERMAN JIMMY TERBROCK 
ALDERMAN KEN BUERMANN 
ALDERMAN JANE SUOZZI 
ALDERMAN JAMES ROBINSON 
ALDERMAN FRANK FLEMING 
ALDERMAN RAY LEMBKE 
ALDERMAN RICHARD BOERNER 
CITY ADMINISTRATOR ROBERT KUNTZ 
CITY ATTORNEY ROBERT E. JONES 

The Pledge of Allegiance was given.

MINUTES

The Minutes of the March 9 Board of Aldermen meeting were submitted for approval.  Alderman Buermann said that his absence at the last meeting was due to illness and asked this be added.  Alderman Fleming amended page 9 to show that the motion was for submitting an “application” for a goose roundup.  A motion was made by Alderman Buermann and seconded by Alderman Suozzi to approve the Minutes as amended.  A voice vote was taken with a unanimous affirmative result and the motion passed.

PRESENTATION
Recognition plaques were presented by City Administrator Kuntz to the following retiring Aldermen:  Ken Buermann, Alderman 1995 – 2009; Jim Robinson, Alderman 1999 – 2009; Ray Lembke, Alderman 2002 – 2009; and Mayor Walt Young, Planning & Zoning Commission 1989 – 1991, Alderman 1991 – 1998, Board of Adjustment 1998 – 2005, Mayor 2005 – 2009.

Alderman Buermann thanked former Mayors Ed Montgomery, Bob Jones, and Mayor Walt Young for their mentoring over the years.  He said he has mentored several individuals and he told them, “take any good traits that I have and throw out my bad traits which you don’t like.  If you do that over and over with a few individuals, you will inherit all the good traits.”  He also thanked Aldermen Roy Anderson and Bob Pisarkiewicz for teaching him the ropes of being an Alderman.  He said that Alderwomen Kay Easter and Terry Byatt and Aldermen Ron Nichols and Press McDowell taught him valuable lessons, such as, you don’t have to have the last word, teamwork, we’re always approachable, and sometimes it’s better not to speak.  He said that Alderwoman Jane Suozzi has been a tremendous partner as they worked together for what was best for Ballwin.  He thanked his wife, Linda, who has been a constant sounding board and for her patience and dedication.  He also thanked his parents Bill and Velma Buermann for the positive influence they have been. 

Alderman Robinson thanked everyone for the opportunity to serve.

Alderman Lembke thanked the Ballwin residents and the Ballwin staff.  He said that the City of Ballwin staff makes the job of aldermen much easier. 

Mayor Young said the following:  “I want to thank the residents of Ballwin for giving me the opportunity to serve as Mayor.  The past four years have been a wonderful experience.  I am grateful to the citizens of Ballwin who elected me.  I have had an opportunity to meet so many people I would not have had a chance to know.  My favorite part was the children I met at DARE graduations, Ballwin Days, Scouting events, or school functions.  I enjoyed being a “grandfather” to the children of Ballwin.
I want to thank the city’s staff for doing an outstanding job for all of us.  Their hard work provides us with a wonderful place to live.  I want to thank the present and past Board of Alderman for their service.  I want to thank the present and past members of our Planning and Zoning Commission, Board of Adjustment, Ballwin Historical Commission, Ballwin Days Committee, Comprehensive Plan, and The Great Street Initiative.  All of these individuals serve our city without pay and give us much of their time and effort.  Many individuals have served our city in many different capacities in the past 59 years.     

I have served the city for 20 years as a member of The Planning and Zoning Commission, Alderman, member of The Board of Adjustment, and Mayor.  I am proud to say that I never missed a meeting.

I have been open and approachable to residents.  I always listened to any concern that a resident may have and taken their point of view into consideration.   I have my home phone number on my business cards and have always encouraged residents to call me at home.  My truck has my name and e-mail address so that any resident at any time could ask a question or tell me about a concern.  I have always been honest with my residents.

My main reason for running for mayor was to improve communications between city government and the residents.  I was instrumental in creating the city’s current e-mail system.  This system allows for easier communication between the residents and their alderman and mayor.  Prior to this system, all e-mails were conducted using their own personal e-mail address.  Now e-mails are retained by the city.  Our city’s web site has also improved.  Residents are able to subscribe to the Web-based Newsletter.  These Newsletters notify residents on anything that affects the city; such as: Planning and Zoning Notices, Park and Recreation Functions, street repairs, notices of the Board of Alderman Meetings, and any other activities that affect the residences.

The city’s finances have always been a priority of mine.  I am proud to say that I recommended to the Board in January, 2006 that they should increase the Utility Tax by 2% in an effort to increase revenue. This proved to be a financially solid recommendation.  During the public hearings in February, 2007 we asked the residents their opinion on what method the Board should use to increase revenue.  The Utility Tax increase was the most popular method.  I strongly agreed because that was a more affordable option for our residents.  The Board voted to increase the Utility Tax in mid 2008. I am proud to say that this increase in revenue kept our Bond Rating strong, enabling the city to recast Bonds.  The city has saved approximately $130,000 in interest without increasing the term of the Bonds. Also, the increased revenue enables the city to increase street repairs in 2009 by $700,000.  We must continue to add these additional funds to the street repair program through the budget year of 2012 when additional street funds will be available because the first of our bonds will be paid.

Another important item I was able to initiate was the joint meetings between Ellisville’s City Council and Ballwin’s Board of Alderman.  The two cities are currently sharing equipment to decrease cost.  The City of Ballwin Park Department partnered with Ellisville so that Ellisville Residents could use our pool while their pool was under construction.  We are working toward the possibility of the residents of our two cities having one recreational pass for both cities.

During my term, we also improved and established a new comprehensive plan.  Again, residents of the city volunteered to serve.  The process took well over a year.  The members of this committee did an outstanding job.  Many of Ballwin’s residents came to meetings and offered their ideas.  After that process was completed a new program began known as the Great Streets Initiative.  I want to commend the individuals who started the work on this program.  Now money has been secured to continue with the design phase through the Federal Stimulus Bill. This will be a long process and will take many years to complete.  It will take a lot of work by the residents, business groups and government officials.   

The most important contribution I made to the city during my term as alderman was finding the location for the Pointe at Ballwin Commons.  I was one of the aldermen who wanted to build a recreation complex large enough for the future.  That has proven to be a good decision for the city.

I am proud to say that I always tried to do what is best for the city.  I never voted or did things just so that I would be reelected.  I always had the best interest of the city in my heart.  After all, I have lived here 36 years, I raised my daughters here, and they continue to live in Ballwin with their husbands and my four grandchildren.  Thank you again for this wonderful opportunity.”

PENDING ISSUES
None.

CITIZEN COMMENTS
None.

PUBLIC HEARINGS
REFUSE COLLECTION – ALLIED WASTE
City Administrator Kuntz said that the current contract with Allied Waste expired on December 31, 2007.  Since that time, we have been on an extension with Allied at rates that were in effect in 2007.  Negotia-tions have been conducted to extend the service agreement.  There have been discussions regarding taking some of the services that are currently provided, such as leaf and yard waste disposal, and making this optional so that people that did not wish to participate would not be burdened with this cost. 

City Administrator Kuntz said that the proposal from Allied Waste essentially provides the same level of service, but it gives the Board of Aldermen an option at any time during the course of the service agreement to modify the levels of service.  The modification would result in an adjustment to the rates. 

Tony Lamantia, Municipal Account Representative with Allied Waste, presented a summary of the contract proposal.  He said that this is a 7-year agreement that would commence May 4, 2009, and end on December 31, 2015.  The current rate is $17.01, and the price would increase to $17.98.  In year 2, the price would increase 3½ % to $18.61; year 3 would increase 3½ % to $19.26; year 4 would increase 4%, then 4%, and again 4%.  There is a 10% senior discount for citizens 65 and older. 

Mr. Lamantia said that white goods are included in the base price, therefore, there will be no additional charge.  White goods still need to be called in to the customer service department for a scheduled pickup.  Bulky items, such as couches, sofas, chairs will be picked up on the last pickup day of the month.  It won’t be necessary to call Allied for this pickup.  There will be a 2-item limit.  Table and chairs will be one item.  A couch with table and chairs will be 2 items. 

Mr. Lamantia said the twice weekly pickup will go up from $30 to $36 with the increases each year.  He said the base service contains a 65-gallon container for recycling.  If someone needs twice weekly trash pickup, they are not doing their part in recycling.  The automated system will be added, which the city can opt into at anytime during this contract.  If the city opts in right now, the cost would be $18.69, consisting of the 95-gallon trash cart and a 65-gallon recycling container, with once per week service for the entire city. 

Mr. Lamantia said that everyone could have the option regarding yard waste pickup.  If they took it right now, trash and recycling would be $14.98, and $12.89 for optional yard waste.  This would be a billing for 9 month with service for 12 month, which is 3 months free if residents sign up for yard waste.  If they took it in year 3, the cost would increase by 3½ %and 3½ %.  Depending on what year the city opts into this, the increase would go into effect each of those years. 

The city leaf collection would become an optional service and people would have to call in and pay for that service.  They could also put the leaves in yard waste bags for Allied pickup.  With the additional 65-gallon recycling container, more homes could be serviced with the automated service. 

City Administrator Kuntz said that very few of the nearby communities offer the curbside leaf collection vacuuming service.  The cost for this service is rolled into the basic trash collection rate.  He said that the trash collection bill for Manchester residents, which includes curbside recycling, once per week pickup, bulky and white goods, and yard waste, is $17.98.  Chesterfield, with the yard waste option, is at $22.42.  Ballwin’s rate of $17.01 to the proposed rate of $17.98 is a good economic value. 

Alderman Lembke said that this proposed contract allows for uninterrupted and familiar service.

Alderman Pogue asked about construction materials.  Mr. Lamantia said that construction materials can be put in the trash cart with the regular trash.  There will be an additional charge for anything outside the container.  He said that the recycling will be an automated service.  Information will be provided to the residents to explain the program. 

Alderman Robinson asked about recycling containers at public facilities.  Mr. Lamantia said that there are modified containers for recycling. 

Alderman Pogue asked when the 65-gallon recycling carts will be delivered.  Mr. Lamantia said May 11.

City Attorney Jones said that his interpretation of the contract is that if the city wishes to exercise either of these options, it has to adopt an ordinance with regard to adoption in Section 4.2 that changes the basic trash service to an automated system and requires Allied to provide 95-gallon trash containers.  If the ordinance is approved, it is an adoption of this option and Allied is allowed to charge, based upon the increases shown in years 2, 3, etc.  We trigger the option by adopting the ordinance.  In option #2, which is in paragraph 4.3, the option would change the basic service so that trash and recycling services would all be automated and yard waste would be optional.  If we adopt an ordinance that does that, once again, Allied is locked into the percentage increases that are set forth in the option.  The yard waste would be subscription only.  If they choose the yard waste option, the rates are set forth in Section 4.3.  The option does not have to be decided upon at this time. 

City Administrator Kuntz said that the purpose of the ordinance is to adopt the basic service level.  This will take the negotiations off the table and pre-determine a rate schedule so that future Boards can make adjustments and the cost is already determined. 

Mayor Young asked if there is anyone in the audience in favor of the proposed rate increase. 

Mayor Young asked if there is anyone in the audience against the proposed rate increase. 

J. C. Hagan, 209 Cool Meadows said that the rate increases should be tied to the consumer price index instead of being at a set increase percentage.  He said that bagging the leaves is very time consuming.  He said that there will be a lot of people who opt out of the leaf collection if that is an option.  The leaves will blow and become a mess.  He believes that people should not be allowed to opt out of the leaf collection. 

Larry Kilcullen, 459 Hill Trail, Ward 3:  He said that the opt out should not be allowed for yard waste.  Years ago, it was decided not to allow the opt out for recycling and the same should be done for yard waste.  Just because the yard waste is not collected, doesn’t mean that it goes away.  It will go someplace else.  He believes that a lot of people will opt out of the yard waste pickup which will save them $3 per month.  Those who want the yard waste pickup will be charged $13 per month. 

Alderman Pogue said that the proposal is acceptance of status quo, the exact same service that is currently provided, which is trash, recycling, and yard waste.  The yard waste can be in private containers marked yard waste, or the bags.  Any future Board can take one of the options and reconsider that option. 

Alderman Lembke asked for the statistics of how many households participated in the leaf pickup.  City Administrator Kuntz said that participation is approximately 81% to 83%.  This is a very popular service.  Alderman Lembke said that future Boards can discuss this service.  City Administrator Kuntz said that what needs to be determined is will the city continue vacuuming leaves at the curb, or picked up in containers and letting people opt out of the container part of the service.  This is not on the table for a decision at this time. 

Jim Leahy, 308 Wildforest Drive:  Mr. Leahy asked if the city is dealing with the billing cycle that is sent out quarterly with this contract.  He said that the trash bill is dated about a week before he gets it in the mail, and then has only 10 days to pay.  Twice he paid late and there is a $15 late fee.  He said the billing cycle should be extended to at least 30 days. 

City Administrator Kuntz said that in the new contract, Allied will bill in advance.  The reason is that if there is a move out or a similar situation, the cost is recovered.  The balance is refunded.  Sometimes just being out of town can cause a late payment.  He asked Mr. Lamantia to discuss this with Allied officials.  He said that 30 days is not an unreasonable billing cycle.  Mr. Lamantia said that automatic billing and payment is available. 

Carol Comer, 237 Monroe Mill:  Ms. Comer asked if the same service that is currently provided will cost $17.98 per month, effective May 4, 2009.  City Administrator Kuntz said yes. 

Alderman Robinson said that large amounts of bulky trash cannot be left at the curb for long periods of time.  He said in Ward 3, there are more rental houses now and this has happened.  Mayor Young said that the home owner, not the tenant, is charged for extra pickup at the curb when there is a move out. 

Mayor Young closed the Public Hearing.

NEW BUSINESS

LEGISLATION

BILL # 3568 - AN ORDINANCE AUTHORIZING THE MAYOR OF THE CITY OF BALLWIN TO ENTER INTO A CONTRACT WITH ALLIED WASTE SERVICES FOR COLLECTION AND DISPOSAL OF WASTE.

A motion was made by Alderman Terbrock and seconded by Alderman Buermann for a first reading of Bill No. 3568.   A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3568 was read for the first time.

A motion was made by Alderman Buermann and seconded by Alderman Lembke for a second reading of Bill No. 3568.  A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3568 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3568 with the following results: 
Ayes – Robinson, Boerner, Lembke, Pogue, Terbrock, Suozzi, Buermann, Fleming.  Nays – None.  Bill No. 3568 was approved and became Ordinance No. 09-11.

BILL # 3569 - AN ORDINANCE RETAINING JOHN F. MULLIGAN, JR., HOWARD PAPERNER AND KOREIN, TILLERY, LLC AS SPECIAL COUNSEL TO REPRESENT THE CITY OF BALLWIN IN LITIGATION INVOLVING CLAIMS AGAINST SBC COMMUNICATIONS, INC., N/K/A AT&T, INC. AND OTHERS.

A motion was made by Alderman Buermann and seconded by Alderman Suozzi for a first reading of Bill No. 3569.   A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3569 was read for the first time.
Alderman Fleming asked if this agreement is consistent with the other cities that are participating in every detail.  City Attorney Jones said it is, except Ballwin has not been asked to pay any money up front against future expenses as other cities were, because we are joining in at a much later point in the litigation.  This is essentially the same agreement that has been signed by 72 other cities.  Alderman Fleming said there’s not much room to strike out provisions such as 25% of future billing.  City Attorney Jones said no.  This is something that is in all of the contracts and striking it would not be acceptable to special counsel. 

City Attorney Jones said that the suit is pending in the City of St. Louis, and a motion to certify a class has been under submission to the judge since June, 2008.  He anticipates a ruling at any time.  Mediation is scheduled between the parties this week.  There could be a potential for settlement almost immediately after we become involved in this case.  City Administrator Kuntz said that they approached Ballwin because it is their hope that a city of this size joining in the class action will tip the scale even further to encourage them to settle the case. 

Alderman Robinson asked City Attorney Jones for his recommendation.  City Attorney Jones said that this is a good idea.  It will have the affect of showing that another large city is interested in this litigation.  The services addressed in this suit are related.  The land lines are purchased by different providers for different reasons.  These services have been slipping through the cracks in terms of our ability to collect gross receipts tax.  He said an example is call notes.  That is a service that is provided but has never resulted in any gross receipts tax for the municipalities.  Items like this is hoped to be picked up with this litigation. 

Alderman Boerner asked how would the support costs be allocated to the individual cities.  How would the settlement be allocated?  City Attorney Jones said that if the cell phone litigation is used as a guide, it was a combination of a period of time where the taxes that otherwise would have been due to the city were figured in accordance with the city’s rate, and based on the city’s ordinance.  There would be prospective recovery.  No attorney fees would be paid on prospective recovery if any settlement or award from a court exceeds $25 million.  Ballwin’s recovery will be based upon whatever our ordinance says.  It is based upon our rate and how much activity occurred within the City of Ballwin.  It has to be determined on the actual usage.  Since Ballwin is 8th or 9th largest city in St. Louis County, that there would be a large share of these services provided within our city. 

A motion was made by Alderman Terbrock and seconded by Alderman Buermann for a second reading of Bill No. 3569.  A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3569 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3569 with the following results: 
Ayes – Boerner, Robinson, Pogue, Lembke, Terbrock, Fleming, Buermann, Suozzi.   Nays – None.  Bill No. 3569 was approved and became Ordinance No. 09-12.

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. Staff Shirts
     B. Corporate Limit Signs
     C. Ammunition
     D. Parks Truck
     E. Vehicle Replacement
     F. Helmets
     G. Funeral Procession
     H. Voice Logger
     I. Chip Seal
     J. Speed Modification Policy
A motion was made by Alderman Robinson and seconded by Alderman Pogue to accept the Consent Items.  A voice vote was taken with a unanimous affirmative result and the motion passed.

MAYOR’S REPORT

Liquor License:  Maye’s Market.  This is a change of ownership.  A motion was made by Alderman Pogue and seconded by Alderman Buermann to approve the Maye’s Market Liquor Licenses.  A voice vote was taken with a unanimous affirmative result and the motion passed.

Liquor License:  West St. Louis County Jaycees for Ballwin Days.  A motion was made by Alderman Lembke and seconded by Alderman Robinson to approve the Liquor License for Ballwin Days.  A voice vote was taken with a unanimous affirmative result and the motion passed.

Special Use Exception and Liquor License:  Candicci’s Restaurant & Bar
A motion was made by Alderman Lembke and seconded by Alderman Pogue to approve the Special Use Exception transfer at 100 Holloway Road.  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 Terbrock to approve the Liquor License application for Candicci’s Restaurant & Bar.  A voice vote was taken with a unanimous affirmative result and the motion passed.

CITY ADMINISTRATOR’S REPORT

Mosquito Fogging:  City Administrator Kuntz said that a comprehensive overview has been provided, including a comparison of St. Louis County services, which are utilized by several neighboring cities.  This is done on a complaint call basis with a contract to handle isolated areas of complaint.  He said in the past, a Public Works employee does the fogging, through a schedule adjustment so there is minimal cost.  The chemicals are inexpensive.  This is a licensed operation conducted typically from the second week in May through about the first of October.  The cost is approximately $26,000 and is budgeted. 
       A motion was made by Alderman Robinson and seconded by Alderman Fleming to continue the mosquito fogging as has been previously conducted.  A voice vote was taken with a unanimous affirmative result and the motion passed.

Log Replacement for the Log Home:  City Administrator Kuntz said that the Log Home is an original homestead building that was donated to the city.  It is located at the entrance to Vlasis Park.  Because it is constructed of logs, there are ongoing maintenance issues.  The worst sections have been removed, replaced, and eventually other logs need to be replaced.  It is recommended that the contract be awarded to Duggan Contracting, the amount not to exceed $9,820. 

A suggestion was made by Alderman Pogue and seconded by Alderman Lembke that this be held over for more information, including a long-term plan for this structure before additional funds are committed. 

City Administrator Kuntz said that other historical elements are involved and how this is handled in other communities.  He suggested that a small committee be formed to study this in depth and report back to the Board with a recommendation.  He suggested that Alderman Buermann and a staff member, with a few people who have the interest of the community at heart and business sense be on the committee.

Alderman Pogue agreed and recommended that the School House be added into the study. 

Alderman Fleming agreed to have a long-term plan for both structures, but does not want to hold this item over.  He said there’s not much history left in the school house because almost everything has been replaced.  There is a lot of history in the log cabin and it is actively used by Cub Scout groups and many other people.  He said that the log cabin should be kept in good condition because it is used by public groups.

Alderman Lembke withdrew his second of the motion.  Alderman Pogue asked if there are any potential dangers if this is held over.  Director of Parks and Recreation Bruer said no.  Alderman Lembke said that if there’s no sense of urgency, it can be held over.  City Administrator said that this is a community asset that deserves some serious community input on a small scale.

A motion was made by Alderman Boerner and seconded by Alderman Fleming to approve this expenditure at this time.  A voice vote was taken with 5 Ayes, and Nays:  Robinson, Lembke, Pogue. 

Mayor Young suggested that Bob Pisarkiewicz be included in the discussions because he is very knowledgeable. 

Alderman Pogue said that it has been suggested to put overlap siding over the cabin.  It’s not a log cabin if overlap siding is used.  He believes in preserving the structure as a log cabin.  City Administrator Kuntz said that the proposal is to replace the logs.  He said it should be determined what is the use of the structure, cost, benefit, and how does the community feel about this. 

CITY ATTORNEY’S REPORT
Consent Items:  City Attorney Jones asked that when the Board approved the Consent Items, was the City Attorney authorized to draft legislation on Item F, Helmets, and G, Funeral Procession.  The Board said yes.

ALDERMANIC COMMENTS
None.

Adjourn:  A motion was made by Alderman Buermann and seconded by Alderman Suozzi to adjourn.  The motion passed unanimously and the meeting was adjourned at 8:34 p.m.

WALTER S. YOUNG, MAYOR

ATTEST:
ROBERT A. KUNTZ, CITY ADMINISTRATOR

MC