MOPR'S  4/15/02  VP  BOA   MTG   MINS


Notes:  I apologize for missing a portion in the middle of this mtg.  I didn't hear the recorder shut off at the end of the tape.  Fortunately, this is a very rare occurrence.    


Present:  RS, RH, TB, MW, FP, EM, JW, RC, BL, DM.  -  Absent:  CS.

4/15/02 BOA - Sec  1 of 4


FP has JW lead Pledge of Allegiance, mtg is called to order & MW calls roll.  Present:  RS, RH, TB, JW, RC, BL, DM).  JW moves, TB 2nds approval of tonight's special agenda, motion carries.  RS moves, JW 2nds approval of 4/1/02 BOA mins, motion carries.  MW reads 4/2/02 election cert'n


DM for mayor 483, FP 414;  Muni Judge Chas. Ford 686;  Collector MW 593;  for Marshall, Scott Rue 3, Clyde Steel 1, David Brown 13, Ray Wilson 18;  Ald Ward 1, DA 121, Gil DeNormandie 86, Lionel Hall 27;  Ald Ward 2, RH 113, DLC 58;  Ald Ward 3, MP 113, RC 147;  Ald Ward 4, Steve Rayfield l, Steve Manita 56, Dennis Lewis 1, BL 98;   Approved by all.  RS cmts that he had one good year with mayor, sorry election turned out way it is, but that's the way people vote.  DM: Tks for vote of confidence.  (laughter)  FP asks if anyone else has anything to say.  TB says it's been a pleasure working with FP.  FP appreciates bd & all their coop the past 2 yrs, also dept heads & city employees that have worked so hard, & all the people that have served the city.  He wishes everybody well & if anything he's needed for, people should let him know & he congrats folks elected.  All 7 approve adjournment.

MW swears-in election winners by having them raise their right hands & repeating after her: I (name) DO SOLEMNLY SWEAR THAT I WILL support the Constitution of the United States & the Constitution of the State of Missouri, & that I will FAITHFULLY DEMEAN MYSELF IN THE OFFICE OF (whichever) for which I was elected on the 2nd day of April, 2002."  Each then signs a paper & pictures are taken. 


Mayor DM calls 4/15/02 mtg to order & MW takes roll.  Present:  DA, RS, RH, TB, JW, RC, BL. 


DM: (Acceptance Speech) I would like to begin by thanking everyone.  I would also like to clear the air.  I especially want to address the hate mail.  I have a copy of the form signed by the individual that requested the mailing labels from the Bd of Election Cmsn that were used in the hate mail.  Needless to say, the Election Cmsn is not too happy that their svcs are being misused. I know who is & was behind the mailing & the negative statemts.  I am sad to say some were elected ofc'ls & employees. 


My wife has been accused of making phone calls to agencies & candidates' wives. Orgs I'm a member of, have been attacked in public for having gotten me elected.  It wasn't a group or an org of citizens who want a better place to live, or citizens who are sick of petty politics that are destroying us.  Ward 4, my home, supported me the most.  This pathetic abuse of elected ofcs can stop now or u may continue in your endeavor to work to have me fail.  However, remember this, your endeavor will be a detriment to the taxpayers, the people u & I rep.  Therefore, I am rcmd'g now that we work as a team in the best interest of the taxpayers, not relatives, friends or vindications.  The taxpayers best interest should be foremost in all of your decisions.


I understand the misunderstanding between the City Clerk & the ald.  Errors were made by both.  The City Clerk did her job as she had in previous yrs.  When she was attacked, she went on the defensive & attacked back.  The City Clerk in this muni does the job of clerk, collector & treasurer.  So if u wish to replace the current city clerk, I hope u have the good sense to hire an experienced city clerk & an experienced treasurer.  The treasurer does a great deal more than just sign the checks according to the ord  book. 


It is a sad & sorry state of affairs when adults cannot behave in a professional manner, especially those elected to rep &/or handle the money of the taxpayers.  Muni gov't cannot be run as a biz.  U are not working with your own money as u do in a biz;  u are working with taxpayers' money.


There is nothing wrong or improper in supporting a candidate during an election.  It is done on every level of gov't, from local to the U.S. level.  It simply shows that u believe someone to be better for a position than someone else.  As the old saying goes competition is good for the soul.  But it does not mean personalities should be involved.  There is something wrong when a cmty harbors this much hatred.  You're hurting the City.  It is time for a new beginning, a positive beginning with a bright future for the city.  The choice is up to u.


The honor has been bestowed upon me by the taxpayers to rep them as their mayor.  My campaign promises were to work hard for the city in a fair & equitable manner & to obtain cousel to better rep the city, the position of prosecuting atty & especially the levee.  As I stated in my campaign, too much & too long.  Those were my only campaign promises.  I owe nothing in my position as elected Mayor except to the taxpayers.  If u fight my term in office, u are fighting the taxpayers.  Tku. Mayor DM.  (Much applause is heard.)


DM:  Mrs. Wilburn has a letter from Ken Curtis.  ( According to the city's mins, Ken Curtis is a former mayor.)  I'd like to have that read into the journal, please.  MW:  This letter was sent to RH & TB. 


"Dear Ald, in the aftermath of the recent muni election, I have been made aware of an on-going controversy involving activities of city ofc'ls.  I am hoping that u & other members of BOA will recognize the potential for of a portrayl of a most unfavorable image for the city as the new admin begins with hostilities involving name-calling or other actions of anonymity.  Hopefully u & all members of the bd & the new mayor will go about reorganizing the city admin in such a way as to avoid unwarranted infighting for any purpose.  Certainly there will be differences of opinion about appointments to various cmtes & non-elected positions, but these should be resolved after a new BOA has had the opp to let the heat of a muni election diminish, & w/o getting into personality conflicts or vendettas.  If such cmte assignments & appointments are made in such a way as to show personal vendetta, it can cause near irrepairable damage to our city's image.  Again, u & hopefully the other ald & the mayor will give consideration to these views.  Sincerely, Ken Curtis.  PS: I would be present to personally give these views, except for a schedule conflict."


DM: I have 2 speaker cards.  Bill Weishaar with the pawn shop will be allowed to speak when that comes up.  Maureen Morris, would u like to speak now, at a particular issue or when something comes up or did u want to speak at the beginning?  MM: Later. -  DM tells anyone else who wants, to speak to fill out a speaker card. 


4/15/02 BOA - Sec  2 of 4


RH is nominated by acclamation & DM dclares him Pres of the Bd.  DM: Under mayor's appointments, I feel we need to go in different directions for an atty.  I sense some reluctance to change, but I'm going to go ahead & ask for the motion on it anyway 'cause that's one of the things I campaigned on.  (It was voted down.)  I hope we're all professional enough to work together, with Mr. Martin & along with the mayor. 


RC:  Point of order.  Could we approve the agenda first?  DM: Are there any other additions to the agenda, before we approve it?  DA:  Yes, YH, election of city clerk.  DM: Put that after the mayor's appointments.  Any other additions or changes to agenda?  DA: Yes, YH, under the mayor's report, I'd ask for a update on items discussed at the levee cmte mtg today. - Agenda is approved as amended. 


DM: Now for the appointments.  I feel the mayor has traditionally been able to make his or her appointment for the atty, somebody he feels comfortable with.  It's  not a reflection on the previous atty, but I feel person that, direction the town should be moving in, & would appreciate a motion for dismissal of EM as the city atty.   JW:  Is this for all his duties or just the city atty?   DM:  It's city atty, but if the bd's pleasure is to split it up, we could discuss that.  Hearing no motion, would there be anyone interested in changing prosecuting atty for City of VP?   JW:  YH, I move that we remove EM as city atty & the prosecuting atty.  DM: city & prosecuting?  JW: Yes.  DM: Is there a 2nd?   DM:  Everybody stares at the desk, there's no 2nd, so that motion dies for lack of second.  Is there a motion to remove EM as prosecuting atty? (none heard) As I said earlier, if EM is retained, which apparently he is by the lack of a motion,  I would hope that we can work together professionally & work for the best of the town.  The tax dollars are paramount in my decision making & I hope everyone up here will do the same. 


JW: Just for point of clarification, I've supported every mayor I've been under.  You're the 4th I've worked under, & whoever's the city atty they wanted, I supported.  I will support u in your wish for whoever u pick & hope some of the other ald will give the same support to the new mayor they've given in the past to others.  DM:  I appreciate your cmts, JW.  I had (3?) mayors, at least, the time I've been living here, that did have the option of appointing their own atty.   FP retained EM, & previous mayor's, Kathleen Butler  & Jack Horst __________.  I hope I can work with anyone who's up here.


For ct clerk, 2-yr term, I appoint Cassie Whitteaker & would appreciate same motion. (someone motions)  Is there a 2nd?  Apparently not.  Moving on.  I'm appointing Joyce Brust as Parks Coordr.  JW motions & suggests holding the appointmts over till the next scheduled mtg.  DM: Ok, I have one more & hope to just cover that & I'll skip the rest. - RH speaks louder & says he gave 2nd for Joyce. DM apologizes for not hearing RH & asks if anyone wants to discuss. 


DA:  Mr. Mayor, I spoke with u on several occasions over the last wk & on this position & including other positions.  & I ask that u, by the power & authy of mayor, place these items in cmte for consideration towards a more professional style of mgmt for the city, including consideration of a ____ city adminr.  It appears we decided not to go that route.  But I just want everybody to know that I did ask for that consideration, that this not be considered tonight.  However, it's now made it to the table with a motion & a 2nd.  I did make some promises thru my campaign, on constructing some, or better const of a park facility & several locations that the city has.  I want to make sure we get there & I'm gonna do everything within my power to do that & I ask the bd to help me thru that process. Tku.


DM: I have attended parks mtgs over last few months because I agree too.  We should upgrade the parks.  Tho I was not a member of the Parks Cmte, I'd like to see them move fwd.  We have Valley Days coming up, so Mrs. Brust is experienced & we'd be well served to keep her on bd.  I didn't think we needed to bring somebody else in who was looking to advance to a full blown parks position in the future.  I asked another person last wk if she would take on a job of working with children in town during wk for sports & different crafts thruout the town.  People would be able to, er have the children come in during the wk & have little programs over the summer so children will have something to do, other than watching TV. This woman will be traveling over summer, or would've enjoyed taking it.  Mrs. Brust has been working, getting Halloween parties & other events together & VDays coming up & has done well in this position. Maybe we can also move fwd & have someone with a parks position as we get more money when the levee is completed. 


RH:  It's probably too late for this one, but even on the prosecuting atty, I was going to make a motion to throw it in cmte, but we don't know who's on cmtes.  That was for prosecuting atty.  I would be willing to throw it to a cmte, just like I'll be willing to throw this one in a cmte because it looks like everything's going to go to cmte.  So I'll withdraw my 2nd.  DM: Is there a 2nd on Mrs. Brust? (none heard) Back to ct clerk, does bd have any ideas who will be performing clerk duties starting tomorrow morning, if Miss Whitteaker is not ct clerk? (no answer heard)


My last appointment for tonight, since Mrs. Brust is not being approved tonight, Mr. DC as Levee Cmsnr.  He's done a fine job & would like to at least keep him on. - RS motions, & barely audible is TB's 2nd.  DA:  Again Mr. CC has done a fantastic job & has moved levee project fwd.  At some point in time, especially during course of budgeting, I'm gonna be bringing some specific requests  to this bd to make sure that we aid him in his effort as he manages the levee on behalf of City VP.  So I will be supporting this nomination tonight. - All approve.


DM asks current chairman heads to turn in, over next couple wks, any items they have, & at the next mtg he'll be appointing ct commissions or elected positions of Police Cmte, FW&M, Leg & Public Works.  RC: Point of order, code book requires that be done tonight.  DM: So you're telling me u want the cmtes, but ct clerk, u can live without for a few wks?  (Someone laughs) RC: YH, I'm only stating what the code book says.  DM: I'm just asking a ques.  Who's going to run the city tomorrow morning?  Could u give me the ord. # please. I don't want to violate an ord.  RC: It's sec 110.260. 


DA: YH, can I ask a ques?  I think it might help us thru the issue of who will run the city hall tomorrow.  I believe the thing that we did not approve your appointments, u did not remove the individuals from those positions.  I believe they serve until a proper appointment is found & I guess u may ask the city atty if that's correct.  EM:  Generally speaking that's the law.  Some of these people have defined terms of ofc & I'll get back to the bd & this mayor tomorrow morning with the right answer.  DM: So u're saying it is possible to not have a ct clerk tomorrow.  EM: It, it, it's possible that they serve until their successors have been duly confirmed.  But by the same token, since there is a defined term on some of these people, for instance, one term is one yr, I believe for Parks Coordr & maybe since that term expires, it's, it's vacancy.  & I'm really not sure about the ct clerk thing.  I think it's maybe a one-yr term as well. __________________.  


DM: While I'm having MW look up the position of ct clerk, if it is for 1 or 2 yrs, cmte appointments, as I'm directed by ord book: Police Cmte, TB, is Chairman, other members are DA, RC, & whoever Ward 4 appointmt is.  I hope that goes more smoothly than tonight's appointmts. LEG Cmte, BL Chairman, other members DA, RC & RH.  PBW Chairman RS, other members BL, JW & RH.  FW&M, JW Chairman, other members RS, TB & Ward 4 appointmt.  P&Z member JW.  Muni League rep BL, alternate Ald RS.


JW moves to approve cmte reps. DM: They're by appointment by the mayor, so by exec direction, those are the four cmte reps  RC: YH, I believe u have to vote on the P&Z.   DM:  Till EM is able to find the ct clerk, maybe he'll check on P&Z as well. Next item will be election of city clerk.  RS: On FW&M, what was the uh ____ ?  DM:  I'll get copies to u after the mtg.  FM&W Chairman is JW, members RS, TB & whoever is Ward 4 Ald. 


Next item is city clerk.  RC: Yes, YH, move to uh, uh, move to uh hire Pat Pillow as city clerk.  DA: 2nd.  DM: I'd like to ask does Mr. Pillow have muni experience?  It's not required, but I'm just asking for the city's benefit.  Do u have muni clerk experience or similar?  AP Pat Pillow: From my military, all I have is my Air Force experience.  DM: I'm not meaning to belittle u;  it's that people asked me that whoever we put in would have experience with muni ofcs, in fairness to the townfolks.  AP Pat Pillow: Experience with budgets is all.  DM:  Are there any other nominations for city clerk?  TB: I'd like to nominate MW as city clerk.  DM:  Is there a 2nd for MW?  (none heard)  Was it RC who made the motion for Mr. Pat Pillow?  RC: Yes.  DA: I'll 2nd, YH.  DM: Is there a 2nd to MW nomination as city clerk?  Hearing none, Mr. PPP is - are there any other nominations besides Mr. PP & MW? (none heard)  All in favor of Mr. PP as city clerk, signify by saying aye... - voice vote & roll call:  Yes:   BL, DA, RS, RC.  No:  RH, TB, JW.   MW: 4 yes, 3 no.  Tku very much. 


DM: City atty has informed me that a simple majority of the 7 members voting - I'd just like to state for the record, that we had a new city clerk that worked for & was only allowed one vote on it, I guess that's the way it goes I guess the saying is.  PP, I guess you're our new city clerk.  MW: You'd better get up here, Pat, & good luck (MW takes her things & steps down.) PP: I have a request to not sit there tonight since I'm not prepared.  DM:  Why not?  PP: I wasn't prepared.  I didn't think I was gonna _______.   MW: You weren't prepared?  DM: We need the mins taken.  If you're declining, we'll open up the nominations again.  RC: YH, I'll make a motion that one of the ald take the mins this evening.  RS:  2nd.  JW:  YH, RC needs to be sitting down there, he knows everything.  DM: If u feel Mr. PP is qualified, I'd like to know why u don't want him up here tonight.  RC: _______quest, YH.  DM: I would like to call a 5-min recess please.  (they do)


4/15/02 BOA - Sec  3 of 4


DM: Nothing specific in the book about an ald taking mins, but I feel uneasy about an ald voting at the same time, or discussion & taking mins.  So EM has agreed & I appreciate him taking over in a pinch here.  Aldermanic cmte reports - sorry I skipped a line, licenses & reports, permits.  I checked the permit for the USA Trading Post & Pawn.  Mr. Weishaar, please step up to the mic & state your name please & biz.


MrW:  My name is Bill Weishaar, Jr. & I'm seeking approval from the bd for opening a USA Pawn & Trading Post.  I guess 1st off, there's a lot of bad things that can be assoc'd with a pawn shop.  I've grown up in St Louis, lived in Ballwin, went to Holy Infant School, graduated from DeSmet, went on to college, worked for my family bizs which is Baxter Gardens & I have some (DM bangs gavel & says "maintain order please, sorry, sir, for the interruption, apologize".) 


I have some co-workers that have expressed some interest in expanding into a different field, which is being able to resell, refurbish tools, televisions, stuff along those lines.  By no means am I looking to draw in a  bad crowd into the City of VP.  There's 2 stores, one in Fenton & 1 out in Allenton, there's several all over.  But by no means am I wanting to create a bad env't for the City of VP.  So I'm more than willing to take any sugs as to how I would be able to market these products w/o necessarily using the term pawn.  Most people do not know what a trading post is, but do know pawn shop.  I brought a little thing up if I may, that basically shows what we're wanting to put on the signs (as he hands it to the bd).  I've approved that with the owner of MVPlz, a nice, a very visible, clean location.  I will work with the Police as needed to make sure there is no problem with either the customer or the biz facility up there. 


Other than that, I was told originally that there wouldn't be a problem in getting a biz license, otherwise I wouldn't even be here.  I guess in your Ord # 1086, under your VP City Codes, u state that a pawn broker is a licensable co & therefore I ask that u guys, ladies & gentlemen, u vote on giving me my biz license tonight, please. 


JW: YH, I'd like to ask the city clerk if this license is applicable for the City of VP.  DA: YH, if I may also ask a ques?   JW:  YH, I still have the floor.  Could u ask the city clerk that?  DM: Mr. PP, do uno if this is legitimate for our town?  PP:  Point of order, sir, I don't wish to answer that ques.  DM: Tku.  JW, he declines to answer.


I'd just like to state that for the record, couple yrs ago, _________, I used to be a member P&Z before becoming an ald.  & a couple pawn shops approached the city about coming into town, but went down to Fenton.  I don't know if that's the same one you're referring to & another one down near Arnold.  There were several bicycles out front & other little tools & things which frankly I think VP was trying to get away from that image.  When the ord comes up, I'd hoped you'd be available for more ques's.  That's one thing I was hoping one of the ald would ask, what, if any, storage will be out front, what will be displayed inside, what are hrs of op.  One thing distressed me was I believe there's a 1 1/2 % /mo interest, but there were storage & other fees that end up being about 20 - 25%/mo charges on the items. There was a widowed woman in late 70's & she was told bring her ring in, & got her SS check & tried to buy it back.  & not to knock the situation where a person needs the money, but this - when somebody just says the interest is this, & they forget all the other fees that go into it, if that's something that's good for our town - 


Mr.W: Well, there's no storage fees.  DA:  Does the City of VP have a process for approving buiz licenses that are a permitted use?  U state that this will need an ord.  Is this a new const or is it an existing bldg?  MrW:  It's an existing bldgI'm just looking to be a renter.  DM:  It is in the ord book, under 108, section - DA: Does the City of VP have a procedure for approval for a biz license?  I don't believe that all or any biz licenses should come before the BOA, but I guess this is why I go back - why is this before us?  & if I'm incorrect, I'd ask for clarification on that.


MrW: YH, if I may.  I was told by JBs that the previous mayor would not allow me to open my biz or would not sign off on my biz license.  I've been trying to get this license for several months... 


(Unfortunately, I did not hear my recorder shut off.  The city's ofc'l mins state that:  it was determined Mr. W. did not need to approach the bd for ofc'l permission;  & Mr. W advised the bd that he'd change the name "pawn" to smaller type.  Also, DM requested that all past standing cmte chairmen submit a discussion list of items to the new chairmen.  Also, Bill #1679, an ord auth'g the city to execute an agreemt with AG Edwards & Sons, Inc, providing for financial advisory svcs & underwriting svcs for a series 2002 TIF Bond issue was read on its 1st reading & Bill #1679 be #'d Ord 1554.  DA motioned to pass, 2nd by TB & ord passed unan.  The city's ofc'l mins also basically state that the same Billl #1679 to be #'d Ord 1554 was read on its 2nd reading;  RS motioned to pass, 2nd by RH & ord passed unan;  also, Bill #1680, an ord amending ord #1531 auth'g the city to contract DG Purdy & Assoc by expanding the scope of said svcs to include NPDES permitting; review of wetland & mit & env'l issues was read on its 1st reading & that Bill #1680 be numbered Ord 1555.  RS motioned to pass, 2nd by TB, ord passed unan;  mins also basically state that the same Billl #1680 amending Ord 1531 & to be #'d Ord 1555 was read on its 2nd reading;  RS motioned to pass, 2nd by RC & ord passed unan.  Also, during the mayor's report as requested, an update on the levee was given;  there were no parks or city engineer reports given;  Lt. Melies advised the bd his report was in the packet.  Etc.)


4/15/02 BOA - Sec  4 of  4


(MM's tape is on again.)  DM:...The money proposed by the Pres, $600K, only provides for admin & continued planning & design.  So there would be some work done, but assume it would be run at a much slower pace.  We need the money is the bottom line.  Money makes the work go round.  Any other levee ques's?  (none heard)


Mayor's report.  I guess I pretty much said it in my opening speech.  If any of the ald would like to have 2 mins to get any of their uh discussion, or just in general, what they would like.  DA: I know we're getting off to a rough start tonight & things will need to get better.  I did speak specifically with u on some items that I hope u will pursue. I know that there are things that we agreed & have in common for the city & hope that we will move fwd on those items.  And again, I'm not going to let this night be a reflection of how the next 2 yrs are going to go by any means.  However, I think I've been honest with u, up front on what I'm going to oppose & not oppose & we'll move beyond that.   & I did ask that that one particular item towards the admin be considered at some point in time & whichever cmte u decide to place that in. 


DM: I'd just like to state, when I first moved into town, I felt the city adminr or mgr - I'm not hung up on the exact name - but some person who has a degree in public policy mgmt, or even an advanced degree, a masters & that, would be well served to be in town.  Somebody once asked about a full-time mayor & I felt that first of all you're restricting a person to the town, does not necessarily have a degree in public policy mgmt.  If u can get somebody who can advertise thruout the whole area & bring somebody, whoever's the best person that's qualified for the job & I think politics can stay out of it.  I think somebody that's coming in & running the day-to-day biz,  the mayor & the bd would  have to set up the objectives of what happens in the future, like obviously levees, streets, a recreational center if  the people deem it necessary.  So those thoughts in there, the mgmt helps to get everything in place.  So I'm glad to see DA's view on that.  Once we get it in a cmte, we can hopefully catch up on the details.


RH:  Just briefly, the thing about the city clerk's job tonight, my only ques - it's not really a question.  Who's the assistant city clerk & can the assistant city clerk take over this job & if why not?  I want to know why not if she can't.  & in the future, we should have an assistant city clerk who can step in.  MW could die of a heart attack tomorrow.  That's my whole point & other things, & whatever cmte it goes to.  We need all these people who scheduled vacations in this ofc.  When Marguerite takes her vacation, the assistant clerk will step in.  The assistant clerk will do the job.  It's never been done!  It's like Pee Wee Wilson.  When Pee Wee died, Pee Wee took the maps with him.  No maps of VP, no maps of the water, nothing!  It's all a well-known secret!  Assistant city clerk should be able to step in & do this job  That's my only cmt. 


DM: I agree, assistant city clerk should be able to step in, but I hope when somebody is elected to a particular job, they would take over.  RH: The point is, YH, we're sitting here like we're leaving this town defenseless.  If the assistant city clerk was trained properly & u talked about how u wanted to train people & so forth, problem would not exist. That's all I have to say. Tku.  DM: I guess to save money, since the assistant city clerk charges by the hr, we could've had her come down here on the chance that the city clerk would not be retained.  But then I guess we're, in effect, paying 2 people, the new city clerk & assistant city clerk.  Not meaning to violate any Sunshine Laws, but I did talk informally among some of the ald.  Sorry I didn't get a chance to talk to u.  I talked to u Friday, didn't get a mtg set up, but we could've perhaps seen more evidence of which way we were going & had an assistant city clerk on hand tonight.  Frankly, I didn't know which way it was going to go.  RH: I didn't either.  DM:  Point is well taken.  If somebody does retire, or get a better job somewhere else, we should hopefully have somebody else trained to step in.  Any other cmts?  (none heard)


There's a list here for PKS Coordr's Report. I don't know if Mrs. Brust feels like there's anything tonight.  If she doesn't, I'll move on.  Police Cmsnr's report. Lt. Melies.  LtM:  I don't have anything to add;  the report's in the packet, unless there's any ques's. (none heard) DM:  Sorry I skipped over, PBW Report, JM. 


JM:  YH, I got 3 things I need to bring to the mayor or the bd.  Last Fri, our city eng & I did some looking at Marshall Rd.  We're scheduled to overlay that tomorrow.  We walked that with the contractor & did some things with that.  I also took the opp to take him out to 249 Crescent Valley.  A realtor called me & said there's evidence of street creep there.  When we get that call, we normally have the city eng look into it.  Him & I looked at it.  His cmts was there was no evidence of street creep & I called the realtor back.  Within an hour, I got a call from the bldg inspector which did the inspection & at that time he said to me that he's not backing down.  There's street creep there & he wants to know what the city's going to do.  & I contacted our eng again & he told me he feels I should address this with the bd. or mayor or both & see that maybe our eng & atty get together & possibly have the atty call the realtor or bldg inspector to see what direction they're going in. 


DM: I'll check with TW tomorrow.  But when he talked with u at the time, looking at it, TW indicated there's no evidence of street creep?  Did the realtor have an eng there or what was this realtor's expertise?  Did he have somebody there?  JM: They had a bldg inspector inspect it. When u buy a bldg, u have a bldg inspector come in.


One other thing I had, 300 Vest, Loretta Clayton.  She has a dead tree that sits on a vacant spot of wood the city owns.  She claims it's causin' sewer damage to her sewer & she wants us to remove it.  DM: It's a dead tree?  JM: Yes. I'm having MSD clean their sewer line & they're gonna camera our sewer line.  DM: Do uno if we have the money to remove the tree?  JM: I believe we could remove this tree, if we can schedule it our time-wise.  DM: Just certain heights that the city crew is not - JM: It's certain dangers - if it's hanging over someone's house when they try to rope it or it's hanging over electric line, but if it's something that we can just normally drop, pick up & clean up, then we try to remove 'em ourself.  DM: When u get time, go ahead & schedule it on your list of things to do. 


JM:  The last item I had, 4/2 Bob Bruhy who lives in Highland Vlg, I don't know if he was calling me just to vent.  I told him that I would bring it up with the new admin.  The Am Water Co contacted him & his meter is lower than it should be & he was upset because it was like that & why did the city pass a fire inspection.  I told him I didn't have an answer for him, that we no longer have a water dept, but I would check in with the bd & get back with him.  After that, I spoke with Don Smith which was one of our water dept personnel, & Dan Fowler, & they both assured me when Highland Vlg was built, all the meters was put in to code.  After they go thru & inspect the meter, devrs come in & do excavating & raising & things like that.  & so that the city would be opening a large can of worms up if they chose to do anything with this because we'd be having anywhere from 300 to 1000 residents in City of VP that might have this problem.


DM: What was the problem with it?  JM:  Basically, they claimed it was too deep into the ground for them to read it.  The reason why they're requiring to raise it is because this meter is over 15 yrs old.  Anybody with a meter over 15 yrs old, they're required to replace 'em.  Am Water probably replaces them, but if the meter fit doesn't fit code, then it falls back onto the homeowner.


TB: Could he clarify street creep?  JM:  I don't' have the legal definition of it;  it's on my desk.  It's bascially when they design a concrete street, they're finding nowadays there's not enough expansion joints & sawcuts put in it.  Especially in cul-de-sacs or on hills, when large vehicles turn on the concrete, it pushes the concrete against the concrete slab of their driveway, which in return, pushes the drway into their garage slab, which could crack their foundation.  We did not visually get inside this person's house, but upon our inspections, there was at least a 1/2" gap between the street & their drway.  All the way up their drway, & there was a 1/2" gap between their drway & their garage slab.  Based on our eng's opinion at that time, he felt that there was no street creep there, but I think he wants legal counsel to make rcmds before.  We were asked to put that in writing & I think he wants legals counsel's opinion on maybe to call the people & find out where we're at with this before we commit anything further.


TB: Could he possibly caulk the joints or something?  Would that help at all?  JM:  That wouldn't hurt, but I don't' think that that would prevent the actual street creep.  RH: Have we ever had this problem anywhere before?  JM:  Yeah, we had it in a couple areas.  In Wynstay, we saw-cut an inch out of a drway at the approach to the curb & we installed a rubber expansion joint.  In this case, there was evidence where the concrete slabs was both touching  & there was no buffer, so we saw-cut the gentleman's drway.  RH: So it was quite clear?  JM: Yes, & that would be an option here, if our eng felt there was street creep present. 


DM: _______if it decided that the city is responsible?  JM: If this was all they were wanting was an expansion joint at the drway near the apron to the road or the cul de sac, I would say roughly $500 to $1000 in material & labor. DM:  Other ques? - JB answers DM that he has nothing. 


DM:  Is there a motion to pay the bills?  Motion by DA, 2nd by _______ .  q/c on paying the  bills?  All in favor of paying the bills?  (Only RC votes no.)  Motion passes 6 to 1.  DM: (to RC) Will there be any cmts _____ for the record, I mean?  I didn't want to presume anything.  RC: YH, are u trying to talk?  Is that what u're tryin' to do?  Is that what u're trying to talk, YH?  (AP is laughing.)  DM: I apologize.  RC: Tku, YH.  I'll accept your apology.  DM: I apologize for the cmt.  RC: I'll, I'll accept your apology. - DM:  No new biz.  Since we've covered everything else on the agenda, a motion to adjourn would be in order.  (etc) Motion carried 7 - 0.  (Mtg adjourned 8:50 pm.)

Notes:  A copy of this original transcript was given to Mayor DM & the BOA at the 5/20/02 Bd Ald mtg.  Before posting here, I reviewed the entire tape again, added more detail, corrected errors, etc.