Minutes-July 15, 2014

~~COUNCIL MEETING
Tuesday July 15 2014 at 7:00 PM at the
Goodman City Hall

July 15, 2014
Regular Board Meeting

The Board of Aldermen held a regular meeting on Tuesday night July 15, 2014 at 7:00 PM.  Those present included Mayor Greg Richmond, Alderpersons Keith Kohley, Calvin Wilson, Alice Kezar and Bill Hess. Also present were City Supervisor David Brodie, City Employee David Sarratt, Officer Bill Cagle, Emergency Management Director Denis Kolb, and City Clerk Paula Brodie. Guests included Vickie Fields, Carlton Lewis, Maxwell Mace, representatives from Casey’s General Store Danny Edwards, Kristy Brown and Linda Thurman and Katrina Hines from the McDonald County Dispatch.

The Mayor called the meeting to order at 7:00 PM.  

The Board of Aldermen discussed the minutes from the regular meeting on July 1, 2014. Ald. Kezar moved to approve the minutes from the regular meeting on July 1, 2014. Ald. Kohley seconded. Ald. Kohley, Kezar, Hess voted aye with Ald. Wilson abstaining because he was not present at the meeting on July 1, 2014. 

 Citizens Business:
 
1. The Mayor acknowledged Max Mace regarding a complaint against the Chief of Police. Mr. Mace stated that there had been an incident involving two dogs. He said one belonged to his grandchild and one to his grandchild’s friend. He said that his daughter called 911asking for Curt to come to her house. He said that Curt called her, but never came to the house. He said he went to Curt’s house and asked him why he was still sitting on his ______ and not responding to the call. He said that the Chief had ordered him off his property.

Mr. Mace also stated that he had a complaint against kids riding their skate boards on the sidewalks. Curt noted that he had responded to a call from the bank regarding that very thing and that he had talked with the kids, telling them they could not ride their skateboards around the bank and on the sidewalks.

The Mayor asked Curt if he had any comments in response. Chief Drake stated that he received a   call from dispatch about two dogs fighting. He said he talked with Mr. Mace’s daughter, Crystal and she told him it was their dog and a dog that belonged to her child’s friend. He said he told her that they could take care of it between themselves or he could respond an issue a ticket to the other dog’s owner. He said since they were friends he left it up to her to decide. He told her if she decided that she wanted a ticket written he would respond. He said he never received another call from her. He stated that Mr. Mace had come to his house and wanted to know why he was sitting on his _______. He said he did order Mr. Mace off of his property as he was using profanity and he was actually not on duty. He said he had worked his regular shift and was at home with his family when he received the call. He said to save the City paying him additional wages; he handled it over the phone.

Mr. Mace stated that he did understand that Curt was not at the office but thought he would respond as soon as he could.
The Mayor stated that it sounded like there had been a misunderstanding on whether or not he would respond.

Ald. Kohley stated that he didn’t think Curt had done anything wrong, that there might have been a misunderstanding about whether he would respond or not and since Mr. Mace’s daughter was not present to actually report what she and Curt talked about they really did not know what was said.  Ald. Kohley did ask Mr. Mace if he used profanity and if he did, would not he have responded the same way if someone came to his house and started swearing at him.

2. The Mayor noted that Mike Davis was not present. Keith said he talked to Mr. Davis about his cleaning up his lot and that Mr. Davis had said was trying to get it done, that he was pouring concrete and would get back to work on it after he was done.

3. The Board discussed the Don Kramburg properties. Ald. Kohley stated that Mr. Kramburg’s brother has been working on it and that it looks a lot better and he noted that he has been helping them by mowing the properties. The Board tabled further discussion until a future meeting.

4. The Mayor acknowledged Danny Edwards, from Casey’s General Store. Mr. Edwards stated that he was present to voice a complaint against Chief Drake. He said that they had a person try to use a check that belonged to his mother. He stated that the Mother had called the store earlier warning the clerks of the possibility of her son trying to cash the check. She asked them to refuse the check. When her son came in the clerk refused the check. The suspect left the store and one of the clerks followed him and was struck by the car as he tried to leave he parking lot.  Mr. Edwards noted that the suspect did come back to the store, because his mother had contacted him and told him he better go back. Mr. Edwards said Curt did not arrest the suspect. He said that when he asked Curt why he did not arrest him he was told by Curt that the clerk had actually stepped out in front of the moving car and the suspect had yelled at her to get out of the way. He also said that Curt let the suspect go and did not question any of the witnesses. He also stated that 911 had to call the store to see if Curt was OK because he wouldn’t answer his radio or phone. He said that he told Curt that 911 had tried to call him and Curt looked at his phone and Mr. Edwards noted that the call from 911 was blocked. He said he had a concern in the Police Chief would not receive calls from 911 and blocked them on his cell phone. He noted that Curt had not as yet even questioned the clerk that got hurt.

The Mayor asked Curt if he wanted to comment on Mr. Edwards remarks. Curt noted that first of all he was not going to comment a lot on the case as it was an ongoing case. He stated that at the time the incident happened he had been told that Krista moved into the path of the car trying to stop it. He said he had contacted the County Prosecutor’s office about what had occurred and he was told that if she stepped out in front of the moving car they would not be able to prosecute. He said that he had talked with some of the witnesses since and found out that there was another side to the story. He said that before the prosecutor would file charges he needed a complaint form signed by the lady that got hurt, He said the parent would not sign a complaint about her son stealing her check. He said he was in the process of getting witness statements and a complaint and that
The County Prosecutor was going to file charges but would not do so until all of the paperwork is finished and turned in. Curt stated that he had given the complaint form to another lady who works for Casey’s who was going to visit Krista at the hospital the next day.

Ald. Wilson stated that he had also talked to the County Prosecutor and that he could verify what Curt said was true.  Ald. Wilson stated that the Prosecutor said that if he had a signed complaint he could press charges against the suspect.

Curt said in response to Mr. Edwards remark about his cell phone, he wanted them to know that the cell phone he uses is his personal cell phone. He said that he does have blocked calls as he had been getting a lot of crank calls. He said that Dispatch knows this and has been asked to call from one number so that he would know that it was 911.  He said he was inside of Casey’s when the phone rang but he did not hear it. He stated that neither his cell phone nor his radio works inside of the store.

Vickie Fields asked how Curt can get calls from 911 if his calls are blocked. 

Ald. Kohley asked if Curt was having trouble getting calls from 911 since going to narrow band.  He said that the EOC has had difficulty with receiving calls from 911. Curt stated he hadn’t noticed a lot of difference.

Mr. Edwards said that the person hurt had gone to the emergency room and that he understood that the suspect could have been held for a few hours. Mr. Edwards said that he did not see Curt in the store during the whole time Bill was on vacation. He said Bill does come in and watches for them when they close the store at night. . It was noted that Bill worked nights, so it is his job. Mr. Edwards stated that he had reported a gas drive off and Curt never handled it. Curt said he had handled it. He said he was out of town with his family but had received the call so he had contacted Newton County to watch for the vehicle. He said he handled a lot of calls over the phone when he was out of town or off duty.

The Mayor opened the bids for the Street project. They were as follows:

       He noted that the City had only received one bid from Swift Construction for the street project. The bid was in three parts. The asphalt over lay, fixing pot holes and leveling bid was $34,239.45, the bid for Main street in front of  the old bank, Maces and the Clinic was $13,455.00 and the fire station entrance, smooth out drive and approach up to the station $10,975.00. David reported that he went to the fire board meeting and that the Fire Board voted to pay for the entrance to the fire station if the City paid for the rest of the Main street work.

David said that he had talked to another bidder, but they did not turn in a bid. Ald. Wilson noted that the total bid was $58,669.45. 

Ald. Kohley moved to accept the bid in the amount of $58,669.45. Ald. Wilson seconded. Ald. Kohley, Hess, Kezar and Wilson voted aye with 0 nays.

The Mayor opened the bids on replacing two doors at the Police Station and Emergency Management Office. The bid also includes repairs to the Treatment plant roof.

The Mayor read the first bid from Crews Construction out of Neosho. Their bid was in the amount of $4,227.00.

David noted that he had asked for the two projects to be bid separately.

The Mayor opened the second bid from L & M Construction — for the roof at the treatment plant, labor and materials, $3,050.75 and replacing the doors at the Police stations $850.00. The total bid was in the amount of $3,900.75.

Ald. Hess moved to accept the bid from L & M Construction in the amount $3,900.75. Ald. Wilson second. Ald. Wilson, Hess, Kohley and Kezar voted aye with 0 nays.

David noted that he contacted another person to bid but he did not put a bid in.

The Board discussed the second reading of Bill # 2014-448 for Ordinance # 2014-458, which changes what a Child Care Center is in the definition section of the Code.

The Mayor read Bill # 2014-448 for Ordinance # 2014-458, which changes what a Child Care Center is in the definition section of the Code for the second reading.

Ald. Wilson moved to accept the second reading of Bill #2014-448 for Ordinance #2014- 458, which changes what a Child Care Center, is, in the definition section of the Code. Ald. Kezar seconded. Ald. Kohley, Kezar, Hess and Wilson voted aye with 0 nays.

The Board discussed the second reading of Bill #2014-449 for Ordinance #2014-459, which changes the Child Care Center section of the City Code.

The Mayor read Bill #2014-449 for Ordinance #2014-459, which changes the Child Care Center section of the City Code for the second reading.

Ald. Kohley moved to accept the second reading of Bill #2014-449 for Ordinance #2014-459, which changes the Child Care Center section of the City Code. Ald. Wilson seconded. Ald. Hess, Kohley, Kezar and Wilson voted aye with 0 nays.
 
The Board discussed whether or not to approve a cost of living ordinance for future increases on water/sewer bills. The Mayor noted that the water/sewer department should be make enough funds keep up with expenditures. David noted that MRWA does help City’s set rates and figure out what the rate increases should be. He said they will look over all of the revenues, and expenditures and figure out if are rates are comparable to other cities.  He said he has already been in contact with them about the amount water loss the City has. He noted that the loss is getting higher since the water project and that MRWA has a leak detector that helps find the water leaks. The Board agreed to have him contact Missouri Rural Water Association.

The Board discussed the following old business:

1. It was noted that the City wide garage sale is August 2, 2014. Names are being taken at City Hall up to the 25th.
2.  The Board was reminded that a family reunion for the family of Lilly Jean Igisomar is to be held August 2 & 3 at the ballpark. The Board talked about cleaning up the park prior to the 2nd of August. The Board talked about whether or not a dumpster would be needed. David said he would talk to Lilly Jean about whether or not one was needed.

The Board discussed the following new business:
   
 1. The Mayor asked the Board to discuss changes to the personnel policy regarding vacations and compensation time. He noted that the City has a small staff and because of this it is hard for them to take off vacation and to use up accrued comp time. The Mayor said that he thought it was not fair for people to lose their vacation and comp time. He said that if they could not use it maybe the Board could change the personnel policy to include paying people for part of their vacation and comp time. The Board discussed pros and cons about how to handle the loss of vacation and comp time. David said he and David were going to be trying to use up some of their hours. The Clerk is to give the Board copies of other cities codes on handling Vacation and Comp hours.

The Department heads gave the following reports:

 Curt Drake- gave the board his monthly Police report.

 Denis Kolb- stated he had nothing for the Board this time.

David Brodie- noted that the compressor at the treatment plant went out, but they had a spare, which they installed. He asked permission to purchase a new head for the compressor that went out so they would have a spare. He said that it cost $300.00 to replace it. The Board told him to go ahead and purchase the part. He said if it was more than $200.00 he would let them know..

Dawn Bunch – not here

Paula Brodie-noted that she had placed the current news letter from MOPERM in the Boards packets, reported that the City modem and router went out and Michael Keels had been called to replace them and that with the Mayors permission they had purchased a new printer/scanner/fax machine. Stated the reason for the new machine was to move the City closer to being paperless.

Ald. Kohley asked about the problems at the treatment plant. David said they are still checking on it daily.

The Board discussed the bills including transfers in the amount of $38,410.10. Ald. Wilson moved to approve the bills including transfers in the amount of $38,410.10. Ald. Kohley seconded. Ald. Kezar, Kohley, Hess and Wilson voted aye with 0 nays.  

The Clerk noted that Jim Morgan from the Fire Board had asked her if it would be OK to put notice on the water bills informing the public about the rate change the Fire District had received from ISO. She stated that he had asked for the information to be placed on the City’s webpage. She noted that she had already placed it on the webpage as she did not think the Board would have any objections. .

Ald. Kohley moved to adjourn. Ald. Hess seconded.  Ald. Hess, Kohley, Kezar and Wilson voted aye with 0 nays.