Minutes-June 7, 2011

The Board of Aldermen held a meeting on Tuesday night June 7, 2011 at 7:00 PM.  Those present included Mayor Greg Richmond, Alderpersons Keith Kohley, Kristin Lett, JR Fisher and Bill Hess. Also present were City Supervisor David Brodie, City Clerk Paula Brodie, Chief Tom West and Officer Curt Drake. Guests included Carson Bunch, Carrie and Jesse Ruby, James Elliott, Gloria Davies and Joyce Haynes from the McDonald County Press.  

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

The Board of Aldermen discussed the minutes. Ald Kohley moved to approve the minutes from May 17, 2011. Ald Hess seconded. Aldermen Hess, Kohley, Lett, and Fisher voted aye, with 0 nays. 

The Mayor acknowledged Gloria Davies. She informed the Board that she had a water leak caused by a broken pipe. She requested the Board to average her bill. It was noted that she discovered the water leak and repaired it after the last reading time which meant that her water leak will extend into the next billing cycle. Ald Lett moved to average her water/sewer bill for two months. Ald Fisher seconded. Ald Hess, Kohley, Fisher, Lett voted aye, with 0 nays. 

The Mayor noted that Callie Hudson was running late so he suggested moving her discussion until the last of the meeting. 

The Board discussed Bill # 2012-424 for Ordinance # 2012-434 regarding changes to the personnel policy. Ald Fisher noted that he was concerned about Section 117.404, B 2. He stated that he had looked at his copy of the Ordinance book, the one copy on the website and the CD that he was given and that the new ordinance reflects a change that is not on any of the places he checked.  The Clerk was instructed to look into it and the Board tabled voting on the new ordinance until the next meeting. 

The Board discussed the transfer switches for the generators at the Police Dept. and City Hall. Supervisor Brodie explained how the switches and disconnects work.  David stated that he had contacted two other electricians but they did not respond. Gilliam’s Electric is the only one who turned in a bid. David informed the Board that Empire District donated a main disconnect to the City. Ald Fisher stated he had contacted Crane Electric and they said they would be interested in turning in a bid.  He said that because of the Joplin Tornado they were behind and it might take a few days to let them put in a bid. The Board agreed to table any decisions until next meeting. 

The Board  discussed the Minutes-On-Demand online storage application.  The Clerk asked the Board to hold off making a decision as there might be a need for a new copier. If so it was recommended by the photo copier repair man that the Board looks into a photo copier that copy’s, scans, and faxes. The Board agreed.

The Board discussed annexing 59 Highway and B/C Highway. It was noted that the Board was only interested in annexing the highway not peoples’ properties. The Board tabled for further discussion.

The Board discussed the following old business:

David reported that Clyde asked him to tell the Board that the betterment committee is still going to build the fence at the new park on Barlow.

Ald Fisher told the Board that he had talked with a representative from MML about purchasing items included in the budget. He said that the representative told him that even though the Board had placed an item in the budget the Board did not have to go ahead and purchase that item.

Department heads gave the following reports:

Tom West – stated he had no reports to give.

David Brodie – Reported that he had talked with Mrs. Wiley’s son regarding the easement that Jesse Ruby needs for his water line. He stated that Mr. Phillips stated that if Jesse would install the tin that Mrs. Wiley already has on her roof and fix her sewer line she would give Mr. Ruby an easement. Ald Lett stated that she understood that Mrs. Wiley would give the City an easement. David stated that he still believes that the only thing the City can do is to place another meter next to the one that feeds Mr. Cantrell’s line.  

Mr. Ruby stated that he still did not agree with the Board that they had supplied water to his property. He proceeded to draw a map on the board showing the Board where his, Mr. Wilson’s, Mrs. Wiley’s and Mr. Cantrell’s property lines were in comparison to where the meter was set.

Mr. Ruby read Article # 1 Chapter 705.020, the definition of what a water service is. Mr. Ruby stated that he was wondering why he was told that he could not run his water line along the road as it was out of the city limits, when the definition of what a water service is explicitly says it can be ran outside the city limits as long as it is hooked to the meter within the city limits. He stated that running the water line along the road is not a viable solution now, but that he is upset because he was informed incorrectly.


David Brodie- informed the Board that the main that ran to the Flower shop was run on the bank property and now needs to be replaced. He stated that the City is responsible to replace the line to the flower shop as years ago the City ran the line without getting easements. He stated that he is trying to get an easement from the Bank to run the water line. He recommended that the city place the meter at the street north of the old jail. Mr. Ruby read to the Board the March 15th, 2011 minutes regarding the line to the flower shop. He said that the minutes reflected that David had said that the line should have been a main. David said he might have misspoken at that meeting but that the line is definitely a main line.

Returning to the discussion regarding Mr. Ruby’s water line Mayor Richmond stated that every home owner is required to run their own service lines at their expense to the City mains.

Mr. Ruby stated that he understood that the City owns the main lines to the meter. He informed the Board that there was a meter set at the house that Mr. Cantrell still owns. He stated that if the City owns water lines to the meter that must mean that the City owns the line running through his property to the Cantrell property. David stated that he believed that at one time a check meter was installed at the Pendleton’s place but that did not mean that once the meter was installed the line became a City main line.

Mr. Ruby asked the Board to consider making an exception to help him as he had been reading past minutes that reflected that past Boards had made exceptions to help other people. Jesse stated that the Boards in the past have made changes to ordinances and rulings to help people and he asked why they could not help him.

For the benefit of the Board, Ald Kohley read section 705.190, which had to do with water services. 

Dawn Bunch – Returning to Department head reports Dawn stated if there were no questions the Board had her report.

The Board discussed the following new business:

Carson Bunch asked if the Board could not see about getting the dogs off his property. He said he did not know whose they were but they are constantly on his property.  Ald Kohley read Section 205.020 for the benefit of the Board and Mr. Bunch. Mr. Bunch asked again for the Board to please pick up the dogs on his property.

David asked for the Board to return to discussing Mr. Ruby’s request so that they could give him a final answer to his question regarding his water service.

Mr. Ruby stated again that he could not run a service line through someone else’s property. The Mayor stated that Jesse knew the situation regarding the water before he ever bought the property. The Mayor stated that he believed that the only answer was that the City would install a meter at the main on Barnes Street, if Jesse would run the line to where the meter is set.

Ald Lett stated that maybe the Board should find out if by setting a check meter at the Pendleton’s house, constituted making that private line into a City main line. Ald Lett asked if the Board shouldn’t ask the attorney for clarification. The Mayor stated that the City would table any decisions until Ald Lett’s questions are answered.

Paula Brodie- Returning to department head reports Paula Brodie stated that the Cheryl Cook property now owned by Karla Thompson needs to be brush hogged and mowed. She stated that Ms. Thompson said she would rather have the City mow and brush hog adding the costs to the taxes as a tax lien. After discussion Ald Fisher’s recommendation was to have the City brush hog it and attach tax liens to the property taxes. The Board agreed.

Going back to new business Jim Elliott asked that the Board look into a house on his street that has 3 cars in the back yard and tall grass.

David asked the Board to have the clerks write a letter to Osage Door Company and the people that own the property at C and Splitlog regarding mowing their properties.

It was noted that Callie Hudson had been detained and would be moved to the next agenda.

The Clerk asked if the Board wanted to do something to help the citizens of Joplin. They agreed to allow the clerks to look into organizing some kind of collection for Joplin.

The Board discussed the need to get back on track in regards to training and setting up an Emergency Shelter. Ald Kohley stated that the city was well represented by the Emergency Management Team in their response to the Joplin Tornado. He stated he was proud of the work Dennis Kolb and the team had done. He was asked by the Mayor to get together with Dennis to ask Greg Gaines from the Red Cross to set up a meeting date for training.

The Board discussed spraying the ball park for mosquitoes. The Mayor stated he would like to see the City continue to spray while ball season is still going on. David informed the Board that Stuart is getting lights donated from Neosho football fields to light up the ballpark. He said that Stuart needs to know how many electric poles it would take for the ball field and Stuart would like to know if he could contact Gilliam Electric who has done many of the Ballpark lights in the area to come and tell them how many poles are needed. The Board agreed to let Stuart find out what Gilliam would charge and they approved for the Mayor to make the final decision on whether or not to hire them.

The Board discussed the bills for June 7, 2011 for $37,171.31 including transfers. Ald Kohley moved to approve the bills. Ald Fisher seconded. Aldermen Hess, Fisher, Kohley, and Lett voted aye with 0 nays.

David asked the Board if he could have an extension on the time he has to use up 39 hours of vacation from this year. He stated because David Sarratt had surgery and was gone he hadn’t been able to take it yet. They agreed to give him until July 31st   to use up his vacation.

The Clerk discussed how she takes minutes, what is covered and what is required.

Ald Kohley moved to adjourn. Ald Fisher seconded. Aldermen Hess, Kohley, Fisher, Lett voted aye with 0 nays.



                                                                                          Greg Richmond, Mayor




Paula W Brodie, MRCC, City Clerk


                                                                                            Approved: ____________________

                                                                                            Date: ________________