Minutes of Regular Session

Monday, August 10, 2009

 

The Mayor and Board of Aldermen met in regular session on Monday, August 10, 2009 at 6:00 p.m. in the City Hall with the following members present:

 

Mayor Raymond Gunter

Alderman Gary Grubbs     Alderman William Allen

Alderman Eddie Barnett, Jr.    Alderman Paul Barley

 

City Clerk Randall Baker was present and performed the duties of his office.

 

City Attorney Mike Mowrer was present as legal counsel for the City.

 

Approval of minutes

Motion was made by Alderman Barnett and seconded by Alderman Barkley to approve the minutes of the July 13, 2009 regular session.  Motion carried unanimously.

 

Motion was made by Alderman Barkley and seconded by Alderman Barnett to approve the minutes of the July 13, 2009 closed session.  Motion carried unanimously.

 

Ordinance approving AT&T settlement

The following bill was then introduced and read.

 

 

BILL NO._680____                                ORDINANCE NO. 680

 

AN ORDINANCE OF THE CITY OF CAMPBELL, MISSOURI APPROVING THE AT&T CLASS ACTION SETTLEMENT.

______________________________________________________________________

 

WHEREAS, the Board of Aldermen of the City of Campbell, Missouri has reviewed the Notice of AT&T Class Action Settlement and Approval Hearing in Case No. 044-02645 and has found and determined that in order to provide for the good and proper operation of said City  an Ordinance approving the AT&T Class Action Settlement should be and is by this Ordinance adopted and placed into effect.

IT IS NOW ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF CAMPBELL, MISSOURI, TO-WIT:

Section 1.  After reviewing the Class Action Settlement it is the Board’s belief that the Settlement is in the best interest of the citizens of Campbell, Missouri.

Section 2.  The Board accepts the terms of the Settlement.

Section 3.  The Board agrees to be bound by all of the terms and provisions of the Settlement.

Section 4.  Conflicting Ordinances Repealed.  All Ordinances or parts of Ordinances in conflict herewith are repealed.

Section 5.  This Ordinance shall be in full force and effect upon its passage, approval and adoption.

Read the first time, passed and approved this 10TH day of August, 2009.

 

Read the second time, passed and approved this 10th day of August, 2009.

 

________________________________________

Raymond A. Gunter - Mayor

Attest:

 

 

_______________________________

Randall Baker - City Clerk

 

Motion was made by Alderman Barnett and seconded by Alderman Barkley that the bill be placed upon a second reading.  Motion carried unanimously.

Motion was made by Alderman Barkley and seconded by Alderman Grubbs that the bill pass and become Ordinance number 680.  Motion carried unanimously.

 

Potential Conflicts of Interest Ordinance

The following bill was then introduced and read.

 

Bill Number 681                                   Ordinance Number 681

 

AN ORDINANCE OF THE CITY OF CAMPBELL, MISSOURI, TO ESTABLISH A PROCEDURE TO DISCLOSE POTENTIAL CONFLICTS OF INTEREST AND SUBSTANTIAL INTERESTS FOR CERTAIN MUNICIPAL OFFICIALS; AND PROVIDING AN EFFECTIVE DATE.

________________________________________________________________

 

BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF CAMPBELL, MISSOURI AS FOLLOWS;

 

     Section 1.  Declaration of Policy.  The proper operation of municipal government requires that public officials and employees be independent, impartial and responsible to the people; that government decisions and policy be made in the proper channels of the governmental structure; that public office not be used for personal gain; and that the public have confidence in the integrity of its government.  In recognition of these goals, there is hereby established a procedure for disclosure by certain officials and employees of private financial or other interests in matters affecting the city.

 

     Section 2.  Conflicts of Interest.  The Mayor or any member of the Board of Aldermen who has a substantial personal or private interest, as defined by state law, in any bill shall disclose on the records of the Board of Aldermen the nature of his interest and shall disqualify himself from voting on any matters relating to this interest.

 

     Section 3.  Disclosure Reports.  Each elected official, the chief administrative officer, the chief purchasing officer and the general counsel (if employed full-time) shall disclose the following information by May 1 if any such transactions were engaged in during the previous calendar year:

 

                 a.  For such person, and all persons within the first degree of consanguinity or affinity of such person, the date and the identities of the parties to each transaction with a total value in excess of five hundred dollars, if any, that such person had with the political subdivision, other than compensation received as an employee or payment of any tax, fee or penalty due to the political subdivision, and other than transfers for no consideration to the political subdivision; and

 

                  b.  The date and the identities of the parties to each transaction known to the person with a total value in excess of five hundred dollars, if any, that any business entity in which such person had a substantial interest, had with the political subdivision, other than payment of any tax, fee or penalty due to the political subdivision or transactions involving payment for providing utility service to the political subdivision, and other than transfers for no consideration to the political subdivision.

 

                  c.  The chief administrative officer and the chief purchasing officer also shall disclose by May 1, for the previous calendar year the following information:

 

                      1.  The name and address of each of the employers of such person from whom income of one thousand dollars or more was received during the year covered by the statement;

 

                      2.  The name and address of each sole proprietorship that he owned; the name, address and the general nature of the business conducted of each general partnership and joint venture in which he was a partner or participant; the name and address of each partner or co-participant for each partnership or joint venture unless such names and addresses are filed by the partnership or joint venture with the secretary of state; the name, address and general nature of the business conducted of any closely held corporation or limited partnership in which the person owned ten percent or more of any class of the outstanding stock or limited partnership that is listed on a regulated stock exchange or automated quotation system in which the person owned two percent or more of any class of outstanding stock, limited partnership units or other equity interests;

 

                      3.  The name and address of each corporation for which such person served in the capacity of a director, officer or receiver.

 

     Section 4.  Filing of reports.  The reports, in the attached format, shall be filed with the city clerk and with the secretary of state prior to January 1, 1993, and thereafter with the ethics commission.  The reports shall be available for public inspection and copying during normal business hours.

 

     Section 5.  When Filed.  The financial interest statements shall be filed at the following times but no person is required to file more than one financial interest statement in any calendar year:

 

                 a.  Each person appointed to office shall file the statement within thirty days of such appointment or employment;

 

                 b.  Every other person required to file a financial interest statement shall file the statement annually not later than May 1 and the statement shall cover the calendar year ending the immediately preceding December 31; provided that any member of the Board of Aldermen may supplement the financial interest statement to report additional interests acquired after December 31 of the covered year until the date of filing of the financial interest statement.

 

     Section 6.  Filing of ordinance.  If this ordinance is adopted prior to January 1, 1993, then the city clerk shall send a certified copy of this ordinance to the Secretary of State's office within ten days of its adoption.  If this ordinance is adopted on or after January 1, 1993, then the city clerk shall send a certified copy of this ordinance to the Missouri Ethics Commission within ten days of its adoption.

 

     Section 7.  Effective Date.  This ordinance shall be in full force and effect from and after the date of its passage and approval and shall remain in effect until amended or repealed by the Board of Aldermen.

 

     Read the first time, passed and approved this 10th day of August, 2009.

 

     Read the second time, passed and approved this 10th day of August, 2009.

 

 

                                ________________________________

ATTEST:                         Raymond A. Gunter, Mayor

 

 

____________________________________

Randall Baker, City Clerk

 

Motion was made by Alderman Barnett and seconded by Alderman Grubbs that the bill be placed upon a second reading.  Motion carried unanimously.

 

Motion was made by Alderman Barkley and seconded by Alderman Grubbs that the bill pass and become Ordinance number 681.  Motion carried unanimously.

 

Payment of bills

Motion was made by Alderman Allen and seconded by Alderman Grubbs to allow the monthly bills.  Motion carried unanimously with Alderman Allen abstaining on payment of warrant number 43985 to ProMO Signs in the amount of $60.00 and with Alderman Grubbs abstaining on payment of warrant number 43955 to Eze Cook Gas Co. in the amount of $29.07.

 

Asbestos study at power plant

Motion was made by Alderman Grubbs and seconded by Alderman Barnett approving an asbestos study at the power plant as the study is required before demolition of the building.  Motion carried unanimously.

 

Generators sale

Motion was made by Alderman Allen and seconded by Alderman Barnett that the generators at the power plant be sold to IPT Power Systems, Inc. of Mt. Vernon, IL 62864 for the lump sum amount of $415,000.00 by guaranteed funds and that the City Attorney prepare an Ordinance approving the sale.  Motion carried unanimously.  

 

Motion was made by Alderman Barkley and seconded by Alderman Grubbs that the generators at the power plant be sold at the earliest possible date contingent on no contractual obligations with the City’s wholesale electric supplier.  Motion carried unanimously.

 

Moore property on Central

A letter from Municipal Prosecutor Mark Preyer was reviewed.  The letter outlined the steps Mr. Preyer will now be taking against property owners, Clyde, Nancy and Robert Moore, found guilty in Circuit Court of violation of the City’s Nuisance Ordinance as the property is still not in conformance with City Ordinances.

 

708 South Locust declared nuisance

The Council discussed other properties not in conformance with City Ordinances.  Due to continuing complaints from area neighbors and property owners, the Board of Aldermen at this time reaffirmed their decision of June 8, 2009 that the property at 708 South Locust Street be declared a nuisance and that both the property owner and the renter of the property be notified of the nuisance condition and that a notice to abate nuisance be entered.

 

 

Notice to Abate Nuisance

 

August 11, 2009

 

To:  Patsie Reid

     708 S. Locust Street

     Campbell, MO 63933

 

     You are hereby notified that it is unlawful to permit, cause, keep, maintain, or create a nuisance, as defined by Ordinance Number 532, within the City of Campbell, Missouri.  You are notified that you must abate the nuisance located on your property as set out below:

 

Location of Nuisance:  property at 708 S. Locust, Campbell, Missouri and legally described as Lot 6, Block 31 McCutchen Addition to the City of Campbell, Dunklin County, Missouri,

 

Description of Nuisance:  structures located on described property which structures and/or other buildings are in such a dilapidated condition that they are (a) unfit for human habitation and/or; (b) an unsanitary condition that they are a menace to the health of people residing in the vicinity thereof and/or; (c) a more than ordinarily dangerous fire hazard in the vicinity where they are located and which are in such a condition that they provide for the harborage of rats, mice, snakes and other vermin and which have an accumulation of rubbish, trash, refuse, junk and other abandoned materials, metals, lumber or other things.  In addition to the above overgrown vegetation and noxious weeds which are seven (7) inches and more in height.

 

Acts Necessary to Abate Nuisance:  To remove the structures on the described property and to remove all accumulation of rubbish, trash, refuse, junk and all other abandoned materials, metals, lumber, overgrown vegetation and noxious weeds and other things.

 

     An Order to Abate the Nuisance described above will be entered unless a hearing is requested before the Board of Aldermen of the City of Campbell, Missouri, within seven (7) days after the date this notice is received.  If the nuisance is not abated as directed and no request for hearing is made within the prescribed time, the City of Campbell will abate the nuisance. Any and all costs incurred by the city in the abatement of the nuisance shall constitute a lien against the property at 708 South Locust Street, Campbell, MO which lien shall be filed, proven and collected as provided for by law.  Such lien shall be notice to all persons from the time of its recording and shall bear interest at the legal rate thereafter until satisfied. 

 

 

                                Done by Order of

                                Board of Aldermen

                                City of Campbell, Missouri

 

 

 

___________________________________________________________

RETURN

 

I HEREBY CERTIFY THAT I HAVE SERVED THE WITHIN NOTICE TO ABATE NUISANCE IN THE CITY OF CAMPBELL, MISSOURI ON ______________ AT _________________________ TO_____________________________________

(DATE)             (TIME)                 

 

 

                                                                                  _____________________________________________

                                                                                                    POLICE OFFICER

 

 

August 4, 2009 Special Election

The results of the August 4, 2009 special election were read. Motion was made by Alderman Barnett and seconded by Alderman Barkley to accept the results of the election as 56 yes votes and 21 no votes for a total of 72% in favor of the ballot issue.

 

Rural Development Grants

The Mayor informed the Board of the grants awarded to the City through Rural Development in the amount of $88,000.00 for the purchase of two backhoes and $75,000.00 for the purchase of emergency generators.

 

City Park

Recent and pass vandalism in the city park was discussed.  Motion was made by Alderman Grubbs and seconded by Alderman Barnett that the city park be closed from 10:00 p.m. until 7:30 a.m. unless there is a scheduled community activity during those hours.  Motion carried unanimously.

 

Foster, City property exchange

Motion was made by Alderman Allen and seconded by Alderman Barkley approving a property exchange between Randy Foster for property in Arcadian Heights subdivision and the City of Campbell for property on the Industrial Park.  Motion carried unanimously.

 

Wastewater system

Mr. Rich Cochran with Waters Engineering, Inc. met with the Council concerning the study which was instituted in order to evaluate the existing wastewater treatment and collection systems, determine their needs, evaluate their adequacy for growth and provide recommendations to help the systems meet their future needs.  At this meeting Mr. Cochran also gave an update on the Recreational Use Attainability Analysis study the City is required to conduct to determine if the City will be required to add disinfection to its wastewater effluent. 

 

Adjournment

Motion was made by Alderman Allen and seconded by Alderman Barnett to adjourn.  Motion carried unanimously.

 

 

                              __________________________________

                              Raymond A. Gunter, Mayor

ATTEST:

 

 

_____________________________

Randall Baker, City Clerk