Minutes-July 7, 2011 Special Meeting

The Board of Aldermen held a Special Council Meeting on Thursday night July 7, 2011 at 7:00 PM.  Those present included Mayor Greg Richmond, Alderpersons Keith Kohley, Kristin Lett, JR Fisher and Ald Hess. Also present were Clerk Paula Brodie and Supervisor David Brodie and guest Calvin Cantrell. 

The Mayor called the meeting to order at 7:01 PM. 

The Mayor acknowledged Mr. Cantrell. The Mayor stated that as he understands it right now there is a possibility that the city can set two meters on an electrical easement, one to Jesse and one to Mr. Cantrell. The line that is already there would be changed into a city main line. 

Ald Hess stated that he understood that the easement the Board talked about at the last meeting was actually an ingress egress for the electric company to reach their lines not a permanent easement. Mr. Cantrell stated that he had asked the Board in the past to allow him to be allowed to install a couple of meters on the existing two inch line but was told that he could not as the line was not a main line but his private service line. It was noted that several of the past owners of the property were told the same thing. 

Mr. Cantrell stated that he had sold the land to Jesse at a lesser amount because there was no water to the acreage Jesse wanted and he said that Jesse understood when he bought the property that he would have to put in a well. Mr. Cantrell stated that he could have gotten a much better price for the property if he knew that the City was going to allow Jesse to have a meter also. He said if the Board does give Jesse a meter he felt that the least they could do would be to give him two meters so that he could sell his acreage in smaller lots. He said he had 4 acres left that he would sub divide if the Board would give him the extra meters. Mr. Cantrell stated that he understood that the service line ran across three private properties.  

Ald Lett asked how the line was installed without easements. It was noted that the Pendleton’s had a verbal agreement with the landowners that they ran the line through. There were no permanent easements given to the Pendleton’s or recorded on the properties. It was also noted that they knew that they were responsible for the costs of any repairs and maintenance to the line.  

The Board discussed how many houses could be put on the line. David stated that the line would have to be 6” so that a fireplug could be set for fire protection. David stated that the line has been in for twenty years with trees and shrubs growing over the line. He stated that he believed the line would be a maintenance problem because of the vegetation and the length of time the line has been in.  

Ald Fisher stated he would like to see the city help Jesse and Mr. Cantrell out by letting them each have a meter. Ald Hess stated that he would like to see that also but that it needed to be done correctly to keep from having problems in the future. He stated that right now the line is a private line and runs through 3 separate private properties, with no easements.   

Ald Lett asked if the Board could approve giving Mr. Cantrell the extra meters, if he would agree that the line is still his private property and his responsibility to maintain. 

David stated that back in 1992 the Board allowed the Pendleton’s to run a line from the City right of way to the house on their property, with them installing the line and placing the meter at the house. He stated that the Board has agreed that this was a mistake and should never have been allowed. He stated that back in 2004 when the water project began they corrected the problem by setting the meter back on city right of way. He said it took over 12 years to correct the mistake that was allowed in 1992.  He said that if the Board approves a meter for Jesse and maybe two for Mr. Cantrell to be placed on that private line they are again making a mistake that future Boards will have to deal with. It was noted that Loren Garren put the line in at Mrs. Pendleton’s expense. He said that he would like to see the Board set the meters at the city right of way where Mr. Cantrell’s meter is now and have Jesse run his line to the meter. 

Ald Lett stated that if they all agreed that the lines were still owned by Mr. Cantrell could not the Board approve it. Mr. Cantrell stated so if the line breaks now who would be responsible to repair the line. He was informed that he would be responsible. 

Mr. Cantrell asked if the road was a public road that runs by his and Jesse’s properties. He was told that the road was actually private property however the county has been maintaining it. It was discussed whether or not to ask the County to apply to the landowners to give the land to the County for a road.

The Board discussed who pays for the costs of subdividing property and at whose expense would the water line be ran.

Ald Hess stated that the city should get a permanent easement from the Wiley’s if they are going to allow for the meters to be set on Jesse’s property.

The Mayor stated that the Board was going into recess so that they could all go over to the property in question and actually see what each of them were talking about. It was noted that no decisions will be made during their recess, only information gathered for decision making when the meeting is called back into order. The Board left in separate cars at 8:00 PM

The Mayor noted he was calling the Board meeting back to order at 8:25 PM after returning from their information trip. The Mayor stated that if the city takes the water lines, the city would need to have permanent easements from Mrs. Wiley, Mr. Cantrell and Jesse Ruby. The Mayor stated that Jesse and Mr. Cantrell would be responsible for the cost of the meters, setters, vaults and the water lines. David stated it could cost up to $2,000.00 or more to make the changes the Board had discussed. The Board agreed that Mr. Cantrell should receive one meter for free, because during the water improvement project all landowners who had meters were given new ones for free and let him purchase one more meter. The Mayor asked would he be willing to sign over the line and give the city a permanent easement to the city.  Mr. Cantrell stated that he would if he could have the two meters.

Ald Fisher suggested that the Northward Aldermen approach Jesse Ruby and Ms. Wiley for permanent easements. The Board agreed. The Clerk will get out easements from the water project to see if they can be used instead of drawing up new easements.

The Mayor called a recess for 10 minutes at 8:48PM. The Mayor called the meeting back into session at 8:54PM

The Mayor noted that the Board of Aldermen is going into closed session pursuant to RSMO. Section 610.021, Section (3) to discuss hiring, firing, disciplining or promoting of particular employees by a public governmental body when personal information about the employee is discussed or recorded.

Ald Kohley moved to go into closed session at 8:54PM. Ald Fisher seconded. Ald Fisher, Kohley, Lett and Hess voted aye with 0 nays.

The Board came back into open session at 9:20PM

The Mayor stated that he would entertain a motion to hire Charlotte Bergen and Dolly Payne to clean the city hall.

Ald Lett moved to hire Charlotte Bergen and Dolly Payne to clean the city hall. Ald Kohley seconded. Ald Fisher, Lett, Hess and Kohley voted aye, with 0 nays.

Ald Hess moved to go adjourn the open session. Ald Fisher seconded. Ald Hess, Fisher, Ald Kohley and Lett voted aye with 0 nays.


                                                                                  Greg Richmond, Mayor




Paula W Brodie, MRCC, City Clerk



                                                              Approved: ____________________

                                                                   Date: ________________