Regular Meeting

BOARD OF ALDERMEN

CITY OF PARKVILLE, MISSOURI

January 2, 2001

CALL TO ORDER

Mayor William M. Quitmeier called the meeting to order at 7 p.m.

ROLL CALL

Ward 1 Alderman Jack Friedman - present

Ward 1 Alderman Charlie Poole - present

Ward 2 Alderman David McCoy - present

Ward 2 Alderman Dave Rittman - present

Ward 3 Alderman Marvin Ferguson - present

Ward 3 Alderman Linda Arnold - present

Ward 4 Alderman Brian Atkinson - present

Ward 4 Alderman Frank McCoy - present

ALSO PRESENT: City Administrator Pat Hawver

Public Works Director Jeff Rupp

Superintendent of Streets Alan Schank

Jim Grisham

MEDIA PRESENT: Nancy Jack

Marte Zirschky for Platte Dispatch

Nora Coronado for Kansas City Star

The mayor asked for citizen input. There was none.

REVIEW OF MINUTES OF DECEMBER 19, 2000

ALDERMAN FERGUSON MOVED THAT THE MINUTES OF THE MEETING OF DECEMBER 19, 2000, BE APPROVED AS PUBLISHED; ALDERMAN POOLE SECONDED; ALL AYE; MOTION CARRIED.

MAYOR’S REPORT

KANSAS CITY, KANSAS, (KCK) POLICE FIRING RANGE: Mayor Quitmeier talked with KCK Police Chief Ron Miller about the problems of the police firing range being so close to Parkville. Chief Miller told the mayor that military groups use the range, and there’s always ammunition left over after the shooting. They can’t return it to the military except in full box quantities, so they have to discharge it to get rid of it, making the range basically an ammunition dump. The cleanup of the military ammunition is responsible for the loud noise. KCK has asked the military to go elsewhere because of the impact its shooting has on Parkville residents; at the same time KCK officials are reviewing the agreement they have with the military to see if they could rescind it. Firing range officials are planning to put a pole barn roof over part of the facility to minimize the sound. They are also exploring the option of putting a roof

over the entire firing range to abate the noise, but lack funds to do it at this time. They want to plant trees along the berm to further baffle the noise.

ANNEXATION: The petition to go to the court regarding the two annexation questions is in the final draft stage. Missouri statutes require that the annexing entity actually file suit against some of the property owners in the area proposed for annexation.

TIF (TAX INCREMENT FINANCING) MEETING: The mayor reminded aldermen that City of Parkville members of this committee were appointed at the last meeting. They will be meeting with the special counsel and with city officials this Thursday, January 4^th, at 7 p.m. He asked the city clerk to post an executive session for part of that meeting. The purpose of this meeting is to familiarize Parkville members with the bylaws and process. We also need to send formal notice to other taxing jurisdictions about their role in the project.

CITY ADMINISTRATOR’S REPORT

AUDIT COMMITTEE: Mr. Hawver said the mayor has asked that two Board members with knowledge of basic principles of accounting practices, and the mayor, serve on this committee, which would have meetings with the auditor, collector, treasurer and city administrator. The purpose is to review audits and make suggestions or recommendations to the Board about our accounting practices. The committee would probably meet twice a year. The mayor has nominated Dave McCoy and Marvin Ferguson to that committee.

RECYCLING: Studies of alternatives to the recycling center are under way. In the latter part of last year many problems have arisen. Costs to haul recyclables went from zero to $9,500 per year. We haven’t been able to find another site to which we can relocate the recycling operation. Attendance is way down, as are donations. We are looking at curbside recycling. The Recycling and Solid Waste Committee will meet. Mr. Hawver hopes to have a report for the Board at the next meeting.

RIVERCHASE - WALL STREET LOTS: Attorneys for the developers of Riverchase submitted an agreement giving the City the right of way on Wall Street and also warranty deeds to undeveloped lots. That includes the lots next to the Rankins (who sold their house to the City and are now renting it back from us). The agreement is now under review by our city attorney, and will be forthcoming in the near future. The mayor said this is a very positive agreement.

TRAFFIC STUDIES: We have a proposal to do two traffic studies, both on Highway 9 along the river – one at Coffey Road, and the other at the main entrance to Park University. The cost for the studies is $7,700 total. Martin Marietta will pay for the studies.

RECEPTIONIST POSITION: Mr. Hawver requested authorization to change the receptionist’s position from part-time to full-time. This change has been discussed for some years, but we didn’t want to lose some of the excellent part-time people we’ve had. That position really needs full-time status – we need a person who is motivated and will be there all the time. There has been a heavy turnover on the job -- we’ve had five or six different people in the last four years. Full-time members of the staff have to fill in when there is no-one else available for the front desk. It is an important position, with other duties as well as answering the phones. He would like to have the position start at $20,000, with benefits.

Mr. McCoy asked about the collector’s position becoming part-time now that the sewer billing will be done by Missouri American Water. Discussion ensued. Mr. Hawver said the sewer billings accounted for only about 10% of the time required for that position. He pointed out that the collector also trains the receptionist.

ALDERMAN ATKINSON MOVED TO CHANGE THE RECEPTIONIST POSITION TO FULL-TIME STATUS WITH A STARTING SALARY OF $20,000 PER YEAR; ALDERMAN ARNOLD SECONDED; ALL AYE; MOTION CARRIED.

COMMITTEE REPORTS

ANIMAL SHELTER: No report.

CHANNEL 2: Mr. Rittman said the feasibility of Channel 2's taking on the Internet assignment was brought up. Kathy Dusenbery followed up on this. The opinion is that the expertise and interest required for the operation of Channel 2 is different from that for the Internet. A separate committee is needed. He proposed that the City put in an upcoming news bulletin that we need a committee with technical people able to do web sites.

COMMUNITY CENTER: Mr. Atkinson said the county appointed a parks and recreation director, Ryan Novotny; he will start February 1, 2001. Maybe now we can go ahead and contact the people who asked to be on that committee, and tell them we would like to get together and pass on the information we have on the matter. Mayor Quitmeier noted that the community center is tied in with the TIF project, which is currently “up in the air.”

FINANCIAL REPORT: Mr. Ferguson said the City continues to do well financially. Carryover of street funds was discussed; Mr. Hawver said there were specific projects that could not be completed this year, and those funds should be marked for the projects assigned.

ALDERMAN FERGUSON MOVED TO APPROVE THE NOVEMBER TREASURER’S REPORT AS PUBLISHED; ALDERMAN ATKINSON SECONDED; ALL AYE; MOTION CARRIED.

MAIN STREET/CHAMBER OF COMMERCE: No report.

NATURE SANCTUARY: Mr. David McCoy said they had a very successful Trek with Santa in December.

PARKS COMMITTEE: No report.

PLANNING & ZONING: No report.

RECYCLING AND SOLID WASTE: Mr. Friedman reminded everyone that the recycling center would be operating the following weekend.

TRAIN DEPOT: No report.

TREE BOARD & BEAUTIFICATION: No report.

BILLS AND ORDINANCES

The bill requiring sidewalks to be cleared of ice and snow by business and commercial property owners was discussed. It was decided to talk to these people before the bill is considered at the next meeting. Alderman Arnold will handle the matter and have a report for the next meeting.

ALDERMAN FERGUSON MOVED THAT BILL 1940, ESTABLISHING AN AUDIT COMMITTEE, BE APPROVED FOR FIRST READING; ALDERMAN POOLE SECONDED; ALL AYE; MOTION CARRIED.

ALDERMAN FERGUSON MOVED THAT BILL 1940 BE APPROVED ON FIRST READING AND PASSED TO SECOND READING BY TITLE ONLY; ALDERMAN ATKINSON SECONDED; ALL AYE; MOTION CARRIED.

ALDERMAN FERGUSON MOVED THAT BILL 1940 BE APPROVED ON SECOND READING TO BECOME ORDINANCE 1925; ALDERMAN POOLE SECONDED.

Mr. David McCoy asked why appointments become effective on May 1^st each year. City Clerk Barbara Lance replied that a few years ago we made all our committee assignments come up for renewal or replacement on that date because of any changes in elected officials in the April elections. She pointed out that in the case of the Audit Committee the wording included the phrase “or until replaced by the mayor and Board of Aldermen.” Mr. Hawver said that does not mean that the first committee has to wait until May to hold its first meeting. Mr. McCoy said he did not want to wait until the committee meets to discuss the 1997 and 1998 audits. Mr. Hawver said it was up to aldermen whether they wanted to discuss concerns at Board meetings or have the Audit Committee review financial matters first before reporting to the Board.

Mr. David McCoy reminded aldermen they did not get the audits when they were delivered to the city administrator, although they were addressed to the mayor and aldermen. He said some problems have recurred. The auditor says unless some problems are addressed he won’t serve as our auditor any more. Mr. Ferguson said the Audit Committee can meet as soon as they want.

Mayor Quitmeier said the auditor, Larry Duke, said the audit shows we are within standards and there is no material deviation. We’re setting up the Audit Committee to review the audits and see how to implement some suggestions made by Mr. Duke.

Mr. Frank McCoy said he didn’t even know the audit was available and had been available since January 15^th.

Mrs. Arnold suggested appointing the Audit Committee that night.

Mr. David McCoy asked if this committee would also be an oversight committee, i.e., will it be looking at results of the state auditor’s review of missing funds? Mr. Hawver said he didn’t have a report on that yet.

Mr. Rittman said he believed that some of these issues belong at Board level. This point needs to be discussed here. He is particularly interested in some of the recommendations, timetables, differences between the auditors and City staff. He would like to see our auditor brought back to help develop those recommendations so we have professional responsibility. He wants to develop a time line, and a precise agreement so that deficiencies that were reported will not occur again. He wanted to see the auditor brought back to help develop recommendations.

Mayor Quitmeier reiterated that the report said there was no material deficiency. He said he certainly got the sense that “the three of you are trying to politicize the issue.” Mr. Hawver said it would not be appropriate to do an in-house review of the “missing funds” ($933 missing from Municipal Court funds in 1999). The Kansas City Police Department is conducting an investigation. He would get the results of that investigation and let the Board know. The mayor said he was very sick of “the three of you trying to hurt our city to achieve your own political agenda.”

Mr. Frank McCoy said he disagreed - he doesn’t have a political agenda. When the audit’s released, it’s released to the mayor and aldermen. Nobody on the council got a copy. He met with Pat Hawver, who said he just stuck them up on a shelf. The people of Parkville should be able to know what was in these documents. Aldermen should know what is within these documents within a reasonable time.

The mayor said he was exaggerating for political purposes.

Mr. Frank McCoy said no, he wouldn’t have been given a copy if he hadn’t asked.

Mr. Friedman said in the case of the missing court funds, there’s an ongoing investigation.

Mrs. Arnold reiterated the committee could be appointed that night, and we could go on from there.

Mr. Atkinson said the committee could meet the next day. (Mr. Hawver pointed out the meeting notice had to be posted 24 hours in advance.) The mayor said aldermen and anyone else could attend.

Mr. Rittman said he was trying to do what’s in the best interests of the city – taking proper financial steps, how to make changes, remedying other deficiencies.

Mayor Quitmeier responded that none of those things were material according to the report.

Mr. Rittman said no, the phrase was “serious deficiencies.” Mayor Quitmeier said taking selected items from the report is not representative of the entire report.

His second point, Mr. Rittman said, is that we have to be open with each other. He spoke about the state auditor being here for a number of months and the Board not being aware of it and not receiving a report. It is not the $933 that concerns him, he said, but the fact they didn’t know about it. He said that has to change -- we have to work together.

Mr. Hawver said every three years courts in the State of Missouri are required to have an audit. The auditor did find some problems with the reconciliation. He will get the report to aldermen. It was not a special audit. He was not sure whether in the past the Board got those reports from the court. He knows they have received monthly reports from the court. (The Court advises they could not issue these reports during the months the state auditor was present because the records were in the auditor’s hands. They are working on getting that backlog of reports to officials.)

Mayor Quitmeier agreed that such problems (missing funds, etc.) shouldn’t happen. He said he is trying to set up the Audit Committee. He didn’t see how it would benefit the city to pick little pieces out of this report. The auditor said everything we did was within national accounting standards.

Mr. Rittman said he has the utmost respect for Mr. Ferguson, but asked if people who sign checks should be on the Audit Committee? Can people on the Audit Committee be reviewing themselves?

Mayor Quitmeier said Mr. Ferguson does countersign the checks. He wouldn’t feel comfortable without Mr. Ferguson being on the committee. He has been working on the City’s budget for 25 years, and knows city business better than anyone. The mayor said he also has great respect for David McCoy’s accounting abilities. Mr. McCoy also countersigns city checks.

Mr. David McCoy asked if it would be appropriate to ask Mr. Duke to suggest what we can do to repair these items, with a time frame.

Mr. Hawver said Mr. Duke should be at the first meeting of the Audit Committee.

Mr. Atkinson said when this committee reviews the audit you’re not going to find any big problem with the city’s finances.

Mayor Quitmeier said he would challenge any business to undergo an audit and not find things they could do differently. That is the whole purpose of an audit.

Mr. Rittman said auditors come in and do spot checks several times a year. He urged that we consider doing that. Mayor Quitmeier asked how much that would cost. Mr. Rittman said we would have that ongoing expertise for staff. The mayor said he wants to see what the committee comes up with first before throwing money at the system.

Mr. Friedman said this (the missing $933) is something they were made aware of, it was one incident, it is under investigation, and it is not a perpetual problem that has been going on for years and years.

The city audit has been fine year after year.

Mr. Atkinson called for the question.

ALL AYE BY ROLL CALL; MOTION CARRIED 8-0.

Bill 1940 was posted 12/27/00.

Mayor Quitmeier nominated Marvin Ferguson and David McCoy to the Audit Committee.

ALDERMAN ATKINSON MOVED TO APPROVE THE MAYOR’S NOMINATION OF MR. FERGUSON AND MR. DAVID McCOY TO THE AUDIT COMMITTEE; ALDERMAN POOLE SECONDED; ALL AYE; MOTION CARRIED 8-0.

Mr. Atkinson asked the committee to meet prior to the next meeting. It was agreed.

ALDERMAN FERGUSON MOVED THAT BILL 1941, EMPLOYING LEONARD JOHNSON AS A WASTE WATER TECHNICIAN, BE APPROVED FOR FIRST READING; ALDERMAN POOLE SECONDED; ALL AYE; MOTION CARRIED.

ALDERMAN FERGUSON MOVED THAT BILL 1941 BE APPROVED ON FIRST READING AND PASSED TO SECOND READING BY TITLE ONLY; ALDERMAN POOLE SECONDED; ALL AYE; MOTION CARRIED.

ALDERMAN FERGUSON MOVED THAT BILL 1941 BE APPROVED ON SECOND READING TO BECOME ORDINANCE 1926; ALDERMAN POOLE SECONDED; ALL AYE BY ROLL CALL; MOTION CARRIED 8-0.

Bill 1941 was posted 12/27/00.

ALDERMAN FERGUSON MOVED THAT BILL C/A 10, CONTRACTING WITH JCI INDUSTRIES FOR SANITARY SEWER PUMP REPAIR AND SERVICE, BE APPROVED FOR FIRST READING; ALDERMAN POOLE SECONDED; ALL AYE; MOTION CARRIED.

ALDERMAN FERGUSON MOVED THAT BILL C/A 10 BE APPROVED ON FIRST READING AND PASSED TO SECOND READING BY TITLE ONLY; ALDERMAN FRIEDMAN SECONDED; ALL AYE; MOTION CARRIED.

ALDERMAN FERGUSON MOVED THAT BILL C/A 10 BE APPROVED ON SECOND READING TO BECOME ORDINANCE C/A 10; ALDERMAN POOLE SECONDED; ALL AYE BY ROLL CALL; MOTION CARRIED 8-0.

Bill C/A 10 was posted 12-28-00.

ALDERMAN FERGUSON MOVED THAT BILL C/A 11, RENEWING AN AGREEMENT WITH MARC FOR THE HOUSEHOLD HAZARDOUS WASTE PROGRAM, BE APPROVED FOR FIRST READING; ALDERMAN POOLE SECONDED; ALL AYE; MOTION CARRIED.

ALDERMAN FERGUSON MOVED THAT BILL C/A 11 BE APPROVED ON FIRST READING AND PASSED TO SECOND READING BY TITLE ONLY; ALDERMAN POOLE SECONDED; ALL AYE; MOTION CARRIED.

ALDERMAN FERGUSON MOVED THAT BILL C/A 11 BE APPROVED ON SECOND READING TO BECOME ORDINANCE C/A 11; ALDERMAN POOLE SECONDED; ALL AYE BY ROLL CALL; MOTION CARRIED 8-0.

Bill C/A 11 was posted 12/29/00.

ACCOUNTS PAYABLE

ALDERMAN FERGUSON MOVED THAT BILL A-661, TO PAY LISTED SALARIES AND ACCOUNTS, BE APPROVED FOR FIRST READING; ALDERMAN ATKINSON SECONDED; ALL AYE; MOTION CARRIED.

ALDERMAN FERGUSON MOVED THAT BILL A-661 BE APPROVED ON FIRST READING AND PASSED TO SECOND READING BY TITLE ONLY; ALDERMAN POOLE SECONDED; ALL AYE; MOTION CARRIED.

ALDERMAN FERGUSON MOVED THAT BILL A-661 BE APPROVED ON SECOND READING TO BECOME ORDINANCE A-661; ALDERMAN POOLE SECONDED; ALL AYE BY ROLL CALL; MOTION CARRIED 8-0.

Bill A-661 was posted 12/28/00 and in revised form 1/2/01.

OTHER BUSINESS

HANDICAPPED PARKING SIGNS: Mr. Ferguson asked Mr. Hawver to look into requirements for handicapped parking signs. A lady got a ticket for parking in a handicapped zone. The weather was wet and dark; there was no standing sign, and she couldn’t see the sign on the parking space. The judge dismissed the ticket. We took the signs down at the request of the merchants, but now we can’t write tickets there. Mr. Hawver said he would look into it.

SUNSHINE LAW: Mr. Rittman said he was concerned about something that happened December 19^th. They started to go into a meeting that might not have been in compliance with the Sunshine law. He asked for staff assistance. The meeting was not held. He asked to have a correct copy of the Sunshine Law distributed to aldermen, and to redo our due diligence in terms of setting time limits and meeting notifications.

Mayor Quitmeier said there are some meetings that just have to occur in the daytime. We do not violate the Sunshine Law. We do not have a meeting of any three of us to discuss anything, he said. We call the press if we think an issue is coming up. We don’t deviate from posted notices for executive session (i.e., if it is posted for one reason under the allowable exemptions, we don’t discuss anything of another nature during that session). We give anyone open files and records. He was tired of having his beloved city attacked for political reasons. The city runs very well, as open and honestly as any government in this state. We try to do the best for our citizenry. This city has been under political attack for the last year and a half, he said.

Mr. Hawver said in respect to the meeting on December 19^th, Mr. Rittman had called him with concerns about the audit. He was able to get the auditor to come in for a meeting with him and Mr. Rittman that morning at 7:30 a.m. Mr. Hawver also thought Mr. David McCoy should sit in on the meeting because of his ongoing concerns with financial matters. That arrangement would not exceed two Board members, plus himself and the auditor. When Mr. Hawver arrived, however, there were more than two aldermen there. It was determined they could not go into that meeting with those other aldermen who were there.

Mayor Quitmeier said the other aldermen were not there to attend the meeting with the auditor; they were there to file for re-election. Mr. Rittman said some were, some weren’t. He was just asking that we are in compliance with the Sunshine Law.

Mr. Hawver said he believes we are. We post a calendar of meetings on the front counter. That day he sent letters to every committee requiring them to prepare agendas for their meetings and asking them to give Administrative Assistant Barbara Bailey proper notice of their meetings so she could post them. He also asked for some report of each meeting to be made for the file and to be available to anyone interested. (Mr. Rittman said he read that memo and applauded it.) The December 19^th meeting was set with the intention of no more than two Board members being present, Mr. Hawver said. It was decided to hold the meeting in his office with the two Board members instead of in the conference area where aldermen were gathered to file for office. Mr. Atkinson emphasized that only those two aldermen went into the meeting, and the door was closed during the meeting.

AUDIT COMMITTEE MEETING: Mr. Atkinson asked again that a meeting of the Audit Committee be set that night. It was decided to set it for 5:30 p.m. Tuesday night, January 9^th (this meeting was later changed to Monday night, January 8^th, at 7:00 p.m.). They will review the two audits we have. They will discuss them with Mr. Duke, the auditor. It was pointed out that Mr. Duke promised to have the 1999 audit in our hands by December 30^th; it has not arrived. Discussion ensued on when the audits were received. Mr. Frank McCoy said the 1997 audit was received at City Hall on January 15, 2000, and the 1998 audit was received on September 26, 2000. It was asked whether Adams Duke is under contract for the 2000 audit. Mr. Hawver said the matter has been discussed but there is no signed agreement yet.

PERFORMANCE PLAN FOR CITY ADMINISTRATOR: Mr. David McCoy said he asked Mr. Hawver to develop a performance plan for the year. He would be willing to work with him on that. It might be helpful to develop a few guidelines. It could be used as kind of a grade card. Mr. Hawver said he would work with Mr. McCoy on it.

ALDERMAN FERGUSON MOVED TO ADJOURN; ALDERMAN ATKINSON SECONDED.

GAS FRANCHISE FEES AND SALES TAX: Mr. Poole pointed out that higher gas bills mean higher franchise fee and sales tax amounts for the city; he asked whether there is some way we could return some of that increased revenue to taxpayers. Mr. Ferguson said we would have to redo our whole budget to do that. Franchise fees are 15% of our annual income. Mayor Quitmeier said he wasn’t sure whether we had the legal ability to raise fees; Mr. Hawver said he thought we could legally lower them. Anticipated revenue from Missouri Gas Energy is $55,000. Mr. Hawver said Kansas City is reducing its franchise fee by about 2%. Mr. Hawver said he could prepare a report on a proposed reduction to see what effect it would have.

Mr. Frank McCoy asked Mr. Ferguson if he had anticipated the surplus to be lower or higher than it is. Has he already planned use of those funds? Mr. Ferguson said a cool summer could reduce the fees paid to us; a warm winter could do the same. Mr. McCoy said we are already over the budgeted figure now. He asked if we anticipated that large a surplus. Maybe we could give our residents a reduction for a small period of time.

Mr. Hawver said there is a reason for the surplus: There is about $120,000 in carryover funds earmarked for the culvert at Pinecrest, and the fact that building permits went way over expectations.

Mayor Quitmeier said he would rather put some kind of a rebate for residents into the capital improvements list and see how it rated against priority needs. He also suggested looking at how much a reduction in fees would mean to each resident. Mr. Hawver will have a report for the next meeting.

The motion to adjourn was called.

ALL AYE; MOTION CARRIED.

The meeting was adjourned at 8:18 p.m.

Submitted by ___________________________________________

City Clerk Barbara J. Lance - January 8, 2001