MARIONVILLE CITY COUNCIL REGULAR SESSION MINUTES Marionville Fire Station Conference Room, 101 S Central Thursday, November 12, 2015 Mayor Rapp called the meeting to order at 6:30 p.m. On roll call the following Aldermen were present: David Arnsmeyer Donna White Kay Leffingwell Tracy Glenn George Jennings Wanda Montgomery was absent. A few citizens were also present. Following roll call Mayor Rapp led the Pledge of Allegiance and opened the meeting with prayer. Approve order of agenda: Alderman Leffingwell made the motion to approve the order of the agenda. Alderman Arnsmeyer seconded. Motion passed on roll call vote as follows: AYES: 5- Glenn, Leffingwell, Jennings, White, Arnsmeyer ABSENT: 1- Montgomery Approve minutes of October 8th regular meeting and October 19th special meeting: Alderman Arnsmeyer made the motion to approve the minutes of the October 8th meeting as presented. Alderman Leffingwell seconded the motion. Motion passed on roll call vote as follows: AYES: 5- White, Jennings, Arnsmeyer, Leffingwell ABSTAIN: 1- Glenn (absent) ABSENT: 1- Montgomery Alderman Leffingwell made the motion to approve the minutes of the October 19th special meeting as presented. Alderman White seconded. Motion passed on roll call vote as follows: AYES: 5- Arnsmeyer, Glenn, Leffingwell, Jennings, White ABSENT: 1- Montgomery Approve payment of Bills, Adjustments, Bank Recs and Cash Reports: Alderman White made the motion to approve the payment of bills, bank recs and adjustment reports as presented. Alderman Arnsmeyer seconded. Motion passed on roll call vote as follows: AYES: 5- Jennings, Arnsmeyer, White, Glenn, Leffingwell ABSENT: 1- Montgomery Citizens Comments/Official Guests and Visitors: (none) 1 OLD BUSINESS Resolution 2-2015R “A Resolution of the Board of Aldermen of Marionville, Missouri Amending the Annual Budget for the Fiscal Year Ending December 2015.” The Resolution would increase the expenses for 2015 by $141,200. Alderman Arnsmeyer indicated he would have like to have seen a total dollar amount for the expenses. Alderman Arnsmeyer stated this budget amendment would bring the deficit to $198,649 which comes out of our bank account. Alderman Leffingwell made the motion to approve Resolution 2-2015R as presented. Alderman Glenn seconded. Motion passed on roll call vote as follows: AYES: 4- White, Leffingwell, Jennings, Glenn NAYES: 1- Arnsmeyer ABSENT: 1- Montgomery NEW BUSINESS Set meeting to review 2016 Budget: Alderman Arnsmeyer made the motion to schedule a budget workshop on Monday, November 23, 2015 at 6:30 p.m. Alderman Leffingwell seconded. Motion passed on roll call vote as follows: AYES: 5- Jennings, Arnsmeyer, Glenn, Leffingwell, White ABSENT: 1- Montgomery Pay Scale for employees (police clerks, sergeant, and corporal): The current pay scale does not include the positions of police clerk, sergeant, or corporal. Alderman Arnsmeyer had created a report showing the wages of cities in both hourly and salary amounts for comparison. Alderman Glenn asked what the sergeant’s duties were. Chief Witthuhn stated we have two (2) sergeants and each supervise half of the officers and we have fifteen officers. Sergeant Smith and Chief Witthuhn indicated some of the duties include scheduling, reviewing reports, help with evidence, job evaluations and running what goes on out on the road. Alderman White made the motion to discuss the pay scale at the same meeting to review the 2016 budget. Alderman Leffingwell seconded the motion. Motion passed on roll call vote as follows: AYES: 5- Glenn, Leffingwell, Arnsmeyer, White, Jennings ABSENT: 1- Montgomery Consider Engineering fees for survey of drainage easement: Mayor Rapp stated MODOT came and looked at Lincoln Street and Mill. They are going to try to make Lincoln St. about four (4) feet wider by extending the culvert. The engineers have looked at the sidewalk at Mill and Lincoln and indicated it served no purpose and should be taken out. Some sort of berm or something to hold water on the one side needs to be put in. The engineers indicated we would need to have a survey done and draw up an easement to remedy the problem. The engineer’s proposal for the survey and the easement was $950.00. Alderman Leffingwell made the motion to accept the engineer’s proposal of $950.00 for a survey and drainage easement. Alderman Glenn seconded the motion. Motion passed on roll call vote as follows: AYES: 5- Arnsmeyer, Jennings, White, Glenn, Leffingwell ABSENT: 1- Montgomery 11/12/15 2 Police Agreement for 2016 and Bill 2015-17/Ordinance 17-2015 “AN ORDINANCE AUTHORIZING THE MAYOR OF THE CITY OF MARIONVILLE, MISSOURI TO ENTER A CONTRACTUAL AGREEMENT WITH THE CITY OF AURORA, MISSOURI.” Mayor Rapp read Bill 2015-17 twice by title only. Alderman Leffingwell expressed her concern that this agreement gives Marionville no power. We are not dealing with the Police Chief but with the City of Aurora. People from Aurora have told her we were stupid for signing it. She was upset because our attorney ignored suggestions regarding the agreement that would give Marionville more say. Alderman Arnsmeyer commented our Police Department is doing well. He has gotten complaints the police are not here enough; however, he does see on the logs, where Aurora officers have covered for Marionville and Marionville has covered in Aurora. Alderman Arnsmeyer stated he has had problems getting copies under a sunshine law request from the City of Aurora. Alderman Glenn stated it would cost more for us to maintain our own police department. She also commented that nobody was happy when we had our own department. Alderman Leffingwell stated she does not have a problem with Chief Witthuhn. He has been kind enough to listen to us. Alderman White stated she has a problem with the City Manager. He is difficult to talk to and she doesn’t like the amount of control he has over the Police Department. We need to trust our Chief and let him do his job. She doesn’t see we have a better option at this point. Alderman Glenn asked if our crime has increased. Chief Witthuhn stated last year’s statistics were down almost fifty percent (50%). Chief Witthuhn asked Alderman Arnsmeyer what problems he had with sunshine law requests. Alderman Arnsmeyer stated he had problems with his request for the police inventory and was denied requests more than once for copies of minutes of the police advisory board meetings. Chief indicated there was no advisory board. After an exchange of words, Chief Witthuhn remarked that Alderman Arnsmeyer has called him a liar several times. Alderman Arnsmeyer stated he could call the Attorney General’s office regarding the sunshine law requests and would put it on the internet. Chief Witthuhn replied for him to do what he had to do. Jim Dickenson was concerned that any personal opinions or ill will doesn’t need to go out on the internet. This needs to be dealt with here. When he was on the council, he had to set personal opinions aside. It’s what is best for the City. There are issues but deal with them as adults. Alderman Arnsmeyer made the motion to change the title of Bill 2015-17/Ordinance 17-2015 by adding “for police services” at the end. Alderman Jennings seconded. Motion passed on roll call vote as follows: AYES: 5- Arnsmeyer, White, Glenn, Jennings, Leffingwell ABSENT: 1- Montgomery Alderman Arnsmeyer made the motion to continue with Bill 2015-17/Ordinance 17-2015 and to vote to pass Bill 2015-17/Ordinance 17-2015 with the changes. Alderman Glenn seconded. Roll call vote was as follows: AYES: 3- Jennings, Glenn, White NAYES: 2- Leffingwell, Arnsmeyer ABSENT: 1- Montgomery 11/12/15 3 Mayor Rapp stated the Ordinance did not pass by a majority of the board, therefore, since the current agreement runs out at the end of December, the board needs to figure out what they are going to do about the police department and a police chief. Vote to go into closed session pursuant to RSMo 610.021 (13) closed records and RSMo 610.021 (2) Leasing, purchase or sale of real estate: Alderman Arnsmeyer made the motion to go into closed session pursuant to RSMo 610.021 (13) closed records and RSMo 610.021 (2) leasing, purchase or sale of real estate. Alderman White seconded the motion. Motion passed on roll call vote as follows: AYES: 5- White, Arnsmeyer, Leffingwell, Jennings, Glenn ABSENT: 1- Montgomery Aldermen went into closed session at 7:15 p.m. and returned at 7:37 p.m. Mayor Rapp stated in closed session the board reviewed five (5) employee evaluations and discussed a real estate matter. The vote on real estate matter will be announced after the transaction is finalized. In closed session Alderman Arnsmeyer made the motion to go back into open session. Alderman Glenn seconded and motion passed on roll call vote as follows: AYES: 5- Arnsmeyer, Jennings, White, Leffingwell, Glenn Review annual anniversary for Debbie Crowell (12/4), Heather Tidwell (12/22), Sean Pierce (12/29, Aletha Smialek (1/2), and Krissa Smith (1/2): Alderman White made the motion to give a three percent (3%) raise for these five (5) employees effective on their anniversary dates. Alderman Leffingwell stated she didn’t like percentages, they were not fair. Alderman Glenn commented she felt anybody who puts their life on the line everyday deserved to get the maximum amount for a raise. Alderman White amended her motion to a five percent (5%) raise for these five (5) employees, to be effective on their anniversary date. Motion was seconded by Alderman Glenn and passed on roll call as follows: AYES: 5- Glenn, Jennings, Leffingwell, Arnsmeyer, White ABSENT: 1- Montgomery Fire Department request to purchase boots and masks: Jim Dickenson, Assistant Fire Chief, stated the fire department wanted to purchase twelve (12) pair of boots and ten (10) masks plus a few other pieces of equipment like flashlights, etc. What they are currently using is about seventeen (17) years old. They have ninety-six hundred dollars ($9600.00) left in this year’s budget and the cost for these items would be in the ballpark of sixty-two hundred dollars ($6200.00). Alderman Arnsmeyer made the motion to approve the request by the fire department for the purchases in the amount of sixty-two hundred dollars ($6200.00). Alderman Glenn seconded. Motion passed on roll call vote as follows: AYES: 5- Jennings, Glenn, Arnsmeyer, Leffingwell, White ABSENT: 1- White 11/12/15 4 DEPARTMENT REPORTS Police Chief Witthuhn: Indicated the police department has been busy. He had some questions in lieu of the vote on the police agreement. Chief Witthuhn stated the dispatching and jail services were being provided by Aurora before the service agreement came about. He asked that this be put on the agenda for next month to discuss continuing those services. Alderman Leffingwell asked for the police service agreement to be put on the December agenda for a revote. If necessary for approval she would vote yes. Chief Witthuhn stated Marionville’s new police car is now in use. He apologized for the current overtime, but had authorized overtime in which four (4) drug arrests were made. The alderman shared with Chief several complaints they had received regarding speeding on certain streets. Chief Witthuhn and Sergeant Smith indicated they would have officers check that. Assistant Fire Chief, Jim Dickenson: Indicated the fire department has responded to several auto accidents this year. The fire station saw lots of trick-or-treaters on Halloween. ALDERMAN COMMENTS Alderman Arnsmeyer: Asked if the Mayor was getting reports from the Street Department. They are turning them in weekly. It was noted the Street Department is to be turning them in daily. Alderman Arnsmeyer gave a summary of the MML meeting he attended in Ash Grove on October 29. Items discussed were: --The new Mack’s Creek Law. If passed it would require two financial statements. One is regarding the revenue from minor traffic violation. Someone from the city would be assigned to sign this under oath. The other is a certification signed by the judge. --Discussed a petition audit. Anyone can start a petition audit, but the one who turns it in has to be a citizen. After turned in, the signers have ten (10) days to have their name removed. --New Election Laws. Form 5120 (tax affidavit) must be filed prior to turning in the declaration of candidacy. They can show proof of filing (picture of envelope or fax confirmation page). --Use of public funds can be used for a ballot item for education only. --Employee drug screening. Medical marijuana is influencing this. Make sure your testing policy is consistent. MAYOR COMMENTS Mayor Rapp stated the Planning and Zoning Board needs three (3) more members and the Park Board needs one (1) more. Empire has put in a new light pole downtown. Barry is in the process of fixing a broken piece of sidewalk where the new pole is. Next year our engineers can apply for a sidewalk grant. The trailers on the property on Coleman Road, which was given to the city, are not the city’s property. One has been moved out and the other had requested to stay until the city decided what to do with the property. The street paving came in under what they projected. Mayor Rapp announced that Convoy of Hope will be giving away shoes at the elementary school on November 24th from noon to 2:00 p.m. It would be nice to have some aldermen, police officers, and firefighters to help with this. 11/12/15 ADJOURNMENT 5 Alderman White made a motion to adjourn, seconded by Alderman Glenn. All voted aye. The meeting adjourned at 8:10 p.m. _______________________________ Mayor Doris Rapp ATTEST: ___________________________ City Clerk Debbie Bateman 11/12/15 6 7