The Carl Junction City Council met in regular session on Tuesday March 17, 2009 at 7:00 PM at City Hall. Mayor Mike Moss called the meeting to order with the following present: Richard Zaccardelli, Don Marshall, Carl Skaggs, Mark Powers, Pat Smith, Dee Lynn Davey and Walter Hayes. Alderman Wayne Smith was absent. Also present were City Administrator Steve Lawver, City Clerk Maribeth Matney and City Attorney Mike Talley.

AGENDA

Pat Smith motioned to approve the agenda. Carl Skaggs seconded. All in favor. No opposed. Pat Smith motioned to approve the consent agenda. Carl Skaggs seconded. All in favor. No opposed.

PUBLIC FORUM

Steve Frederickson, 905 E Pennell, asked if we had clarified the bond issue rates and if we had received the true numbers on it. Steve Lawver reported that the bond counsel was on vacation but he will get with him. Steve Frederickson said he believes the cost will be much higher and that we should pay any current expenses before we go into debt more.

Mary Schillaci, 706 Springhill, apologized to the Mayor. She had sent an e-mail regarding an open record. She stated that someone could have sent it but chose not to. She then stated that there are 4900 registered voters in Carl Junction. There was a petition presented to the city council stating that there were 250 at a November meeting. She stated that it was closer to 100 people which is not 5% of registered voters. She has a problem with that and stated that the petition should have been verified. She then passed around a budget on Schifferdecker golf course. She stated that Richard Zaccardelli reported that Joplin had made money on it last year but these financial statement show they subsidized it $54000 and they still lost $42000. She stated that the budget Mr. Lawver put together shows 26000 rounds of golf but Schifferdecker had only 23970 last year. That shows the state of golf today. She also said that public golf courses don’t get many memberships. We need to consider these things. She then went over Steve Lawver’s projected budget numbers. Ms. Schillaci’s time was up for public forum but the council allowed her to continue. She stated that maintenance is not in Steve’s budget. There are no golf shop expenses, no insurance expenses and no capital improvement expenses. We also do not have any expenses regarding the operation and maintenance of the pool and tennis court or the 95 acres of recreation land. She also stated at the due diligence committee meeting Steve Lawver and Mark Powers reported that we had $50,000 we could put toward the golf course every year. She stated that we are cutting benefits to our employee’s but we can afford to spend $50,000 on a golf course. She stated that the council’s priorities need to be changed. She asked that the council do the numbers for themselves and not to take anyone’s word for it.

REVIEW AND APPROVAL OF LEASE PURCHASE FINANCING BIDS ON EQUIPMENT

Steve Lawver then presented a spreadsheet on the financing bids for the PW equipment (see attached). It is for a 5 year note. We are using the FEMA money to put a down payment on them. That leaves us financing $213,000. It will be paid out of 3 departments. SMB rates are lower but Commerce Banks annual payment is less. There was some discussion regarding that issue. Pat Smith motioned to accept the bid from Commerce Bank. Carl Skaggs seconded. All in favor. No opposed. Mike Talley stated that we needed a contract and ordinance for approval. Steve will get with Commerce Bank.

REVIEW AND APPROVAL OF BIDS REPLACING #3 PUMP

Steve then reported that we had 2 bids for the installation of the #3 pump. Flynn Drilling pulled their bid since they did not calculate the electrical work that needed to be done. That leaves us with the bid from Tiff City Pump for $43273.00. Pat Smith motioned to approve the bid from Tiff City Pump for $43273.00. Carl Skaggs seconded. All in favor. No opposed.

REVIEW AND APPROVAL OF POLICE CAR BIDS

Chief Haase reported that he had received only 1 bid for his vehicles. It was from Carthage Ford. He compared it to the state bid and Carthage Ford was cheaper after you added everything in. Pat asked why he was getting another SUV. Chief Haase said it was mainly due to the weather and they also can carry more equipment in the SUV versus the patrol car. He also wants to advertise our old cars and sell them outright. He has had some local towns express interest. Pat Smith motioned to approve the bids from Carthage Ford for the patrol car and the SUV. Richard Zaccardelli seconded. All in favor. No opposed.

ORDINANCES

Steve Lawver stated that Pat Smith had some questions that he answered and asked if any of the other council had any questions. Walter Hayes motioned to put “AN ORDINANCE ADOPTING THE 2010 FISCAL YEAR BUDGET” on first reading by title only. Richard Zaccardelli seconded. All in favor. No opposed. Walter Hayes motioned to put it on second reading by title only with a roll call vote. Richard Zaccardelli seconded. Zaccardelli-y, Marshall-y, Skaggs-y, Powers-y, P Smith-y, Davey-y, Hayes-y, W Smith-absent. Motion on Ordinance #09-11 was approved by roll call vote, signed by the Mayor, attested by the City Clerk and made a part of the permanent records of the City of Carl Junction.

Carl Skaggs motioned to put “AN ORDINANCE ESTABLISHING SALARIES FOR CITY EMPLOYEES EFFECTIVE MAY 1, 2009” on first reading by title only. Pat Smith seconded. All in favor. No opposed. Carl Skaggs motioned to put it on second reading by title only with a roll call vote. Pat Smith seconded. Zaccardelli-y, Marshall-y, Skaggs-y, Powers-y, P Smith-y, Davey-y, Hayes-y, W Smith-absent. Motion on Ordinance #09-12 was approved by roll call vote, signed by the Mayor, attested by the City Clerk and made a part of the permanent records of the City of Carl Junction.

Pat Smith motioned to put “AN ORDINANCE APPOINTING CITY OFFICERS TO THE CITY OF CARL JUNCTION TO SERVE THE ENSUING YEAR UNTIL NEW OFFICERS ARE DULY APPOINTED” on first reading by title only. Carl Skaggs seconded. All in favor. No opposed. Carl Skaggs motioned to put it on second reading by title only with a roll call vote. Don Marshall seconded. Zaccardelli-y, Marshall-y, Skaggs-y, Powers-y, P Smith-y, Davey-y, Hayes-y, W Smith-absent. Motion on Ordinance #09-13 was approved by roll call vote, signed by the Mayor, attested by the City Clerk and made a part of the permanent records of the City of Carl Junction.

The council then reviewed the ordinance approving a contract with Total Electronics System Inc for the electronic bid for the new Community Center. They were the only company that bid the whole package. Mr. Massey approved the contract. Pat Smith motioned to put “AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF CARL JUNCTION, MISSOURI AND TOTAL ELECTRONICS CONTRACTING, INC., TO SUPPLY AND INSTALL SPECIFIED ELECTRONIC SYSTEMS IN THE NEW COMMUNITY CENTER FOR THE CITY OF CARL JUNCTION, MISSOURI, IN ACCORDANCE WITH THE BID SPECIFICATIONS, FOR THE SUM OF $78,653.11; PROVIDING THE TERMS AND CONDITIONS THEREOF; AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT FOR AND ON BEHALF OF THE CITY OF CARL JUNCTION, MISSOURI” on first reading by title only. Carl Skaggs seconded. All in favor. No opposed. Pat Smith motioned to put it on second reading by title only with a roll call vote. Carl Skaggs seconded. Zaccardelli-y, Marshall-y, Skaggs-y, Powers-y, P Smith-y, Davey-y, Hayes-y, W Smith-absent. Motion on Ordinance #09-14 was approved by roll call vote, signed by the Mayor, attested by the City Clerk and made a part of the permanent records of the City of Carl Junction.

REPORTS

The council reviewed the Administration report. Pat Smith asked about the notation regarding the fence along Thom’s Station Trail. She said that she remembered talking about it 6 months ago but doesn’t remember voting on it. She is worried about setting precedence. She feels they should put up their own fence. Don Marshall said it would be like asking them to put a fence along the alley. Steve stated the fence would be on our property. It will keep people off of his property. He considered it the same as fencing our parks. Richard asked about liability. Mike Talley said it was different then putting a fence along an alley and it might be in the city’s interest if it protects our trail, but it does not affect our liability. Steve said it would limit access to the trail and they were going to put it where the road dead ends. Walter said he thought it might be like the sidewalk program. Pat asked how long the trail was and Steve replied the whole trail is 1 mile long. This fence would be about 100’ long. Pat was worried it would snowball on them and they would have to put fences up for everyone. Pat is against it. Mark Powers and Richard Zaccardelli were in favor of it. There was a lot of discussion about this. Mike Talley suggested that Jimmy Chaligoj look at it and then we can discuss it again. The council agreed with that.

Steve reported that the compaction is done at the community center and Anderson Engineering will be out to lay out the building plan so they can start digging the footings.

Public Works report – Jimmy stated that they had to use their generator at the Deerfield lift station this last week. Pat Smith said that Country Club Park looks really good. Jimmy said they are about done there and will be moving to Memorial Park.

Police Department report – there was nothing to add to the report.

COMMITTEE REPORTS

The Nuisance Committee had nothing to report.

The Public Facilities Committee reported they met Friday the 13^th and discussed the operating hours, a refundable deposit for renting the facility, staff that will be required, volunteers, students from the college that might work for credit, card entry systems, the different types of membership and different fees for tax payers and non tax payers. They are gathering information at this time.

The Park/Pool reported that the Bluegrass Committee met last week and changed their forms. She also said that they need a Park/Pool Committee meeting. After some discussion it was set for the 24^th at 6:00 PM. Pat also received a phone call from Blunt’s office and they are sending her a list of veteran’s directly to her. They also said that she can do some research on the computer to help complete the list. She stated she might need a committee to help her do the research.

The Code Review Committee had nothing to report.

The Budget/Finance Committee reported that we passed the budget tonight and she thanked everyone for their time on it.

Human Resource Committee reported that the job description Steve put together looked good. Steve said he would get it out to the rest of the council for review. They will also be doing Steve’s evaluation tonight later in the meeting.

The Citizen’s for Better Life reported that they had received notification that funding has been cut and that will eliminate 17956 meals. Richard asked that we contact our representative to see if we can get some help with the funding.

UNFINISHED BUSINESS

Steve said that he put together an action plan that Wayne had asked for. It is a very preliminary draft with no time table and it is not in order but it will keep us up to speed if it passes.

Steve also asked that the council complete their transportation survey so that he can get the turned in to TranSystems.

NEW BUSINESS

Pat Smith asked about installing a voting system in the council chambers of our new Community Center. We could just wire it and decide later if we need it. Mike Talley explained that they are used so that a council members vote is not swayed by the way another member voted. They had one in Joplin. Pat Smith said it would make the votes clear cut. Steve said that they are professional looking and are nice. Mayor Moss asked that we talk to Total Electronics to see how much it would cost to add it and bring the information back to the council.

Chief Haase reported that he will be gone the rest of the week.

Steve pointed out that the Chamber is having their annual award banquet and asked that the council fill out their recommendations if they have any and return them to him and he will get them to the Chamber.

CLOSED SESSION PER RSMO 610.021 (3): HIRING, FIRING, DISCIPLINING OR PROMOTING OF PARTICULAR EMPLOYEES BY A PUBLIC GOVERNMENTAL BODY WHEN PERSONAL INFORMATION ABOUT THE EMPLOYEE IS DISCUSSED OR RECORDED.

Don Marshall motioned to go into closed session per RSMo 610.021 (3): hiring, firing, disciplining or promoting of particular employees by a public governmental body when personal information about the employee is discussed or recorded. Carl Skaggs seconded. Zaccardelli-y, Marshall-y, Skaggs-y, Powers-y, P Smith-y, Davey-y, Hayes-y, W Smith-absent. 8:20 PM

Council reconvened into open session at 8:43PM. Mayor Moss stated that they met in closed session to discuss personnel issues and no decision was made.

ADJOURNMENT

Mark Powers motioned to adjourn the meeting. Carl Skaggs seconded. All in favor. No opposed. Meeting adjourned at 8:45 PM.

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CITY CLERK                 MAYOR