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Board of Aldermen Meeting Agendas & Minutes

 

Every effort is made to ensure that the Agendas and Minutes provided on this and subsequent pages is timely and correct; however, users should keep in mind that this information is provided only as a public convenience. In any case where legal reliance on information is required, the official records of the City of Ballwin should be consulted.

The Board of Aldermen meet on the second and fourth Mondays of each month at 7 p.m. in the Board Room of the Ballwin Government Center, 1 Government Ctr. Schedule and place subject to change. Meetings are open to the public. All citizens are urged to attend.

Board of Aldermen Budget Work Session and Meeting

Meeting Agenda

Meeting Adgenda click here

Meeting Minutes

MINUTES OF THE BOARD OF ALDERMEN MEETING
CITY OF BALLWIN – 300 PARK DRIVE
September 14, 2009

The meeting was called to order by Mayor Pogue at 7:04 p.m.

             PRESENT                                                     ABSENT
MAYOR TIM POGUE 
ALDERMAN JIMMY TERBROCK 
ALDERMAN PRESS MCDOWELL 
ALDERMAN JANE SUOZZI 
ALDERMAN FRANK SCHMER 
ALDERMAN FRANK FLEMING 
ALDERMAN JIM LEAHY 
ALDERMAN RICHARD BOERNER 
ALDERMAN KEN MELLOW 
CITY ADMINISTRATOR ROBERT KUNTZ 
CITY ATTORNEY ROBERT E. JONES 

The Pledge of Allegiance was given.

MINUTES

The Minutes of the August 24, 2009 Board of Aldermen meeting and closed session were submitted for approval.  Alderman McDowell amended the motion on page 8 regarding repeal of the funeral protest ordinance:  “If the Board passes this repeal legislation, it is done with a heavy heart and sympathy.”  Mayor Pogue stated that several minor changes were made in the Minutes prior to the meeting.  A motion was made by Alderman Terbrock and seconded by Alderman Suozzi to approve the Minutes as amended.  A voice vote was taken with a unanimous affirmative result and the motion passed.

PRESENTATION
None.

PENDING ISSUES
None.

CITIZEN COMMENTS

Walt Young, 634 Lemonwood Drive:  Mr. Young said that he is a member of the executive committee of the Rockwood Drug-Free Coalition.  He said that there is a prescription drug take-back program starting on Saturday, September 19, at the Eureka Police Department from 9:00 – 1:00.  He said that any prescription drug should not be put in the trash, in the toilet or in the sink.  Prescription drugs disposed of in this manner will permanently be in the water and will not be diluted by special treatment.  He said that the goal is to have a county-wide program so that every Saturday, unused prescription drugs can be dropped off.  He said that in Franklin County, the last drop off amounted to 6,500 pills.  Drugs cannot be taken to a local pharmacy.  The D.E.A. law states that it must go through a Police Department where the drugs will be boxed and taken to the D.E.A. for disposal.  At that location, a special treatment is used so that the air and water will not be polluted. 

Mr. Young also mentioned the ordinance called “Hosting” that has been passed by Clarkson Valley and Wildwood regarding serving alcohol to minors in homes at parties.  He recommended that the Board consider similar legislation.  He said the purpose is to make people aware that they are not supposed to do this to children. 

Lori Bresnan, 665 Turfwood:  Ms. Bresnan spoke regarding mosquito spraying.  She said that a responsible program should include monitoring, which in her view is not presently taking place; larva control, which is called essential by the EPA, CDC, and St. Louis County and spraying only when warranted by monitoring, which will lessen the chance of creating chemical resistant mosquitoes.  She said that this is safer and can be accomplished at less than half the current cost.  Spraying without cause and integrated pest management is an outdated policy, as stated by the Missouri Department of Health and the EPA and CDC.  She said that the survey that Ballwin has put on line ignores the CDC and EPA.  She said that recently the truck continued spraying while immobile due to a blockage on the street, and a neighbor was in the yard as the fog filled the street.  She said that the spraying policy should be changed for the health of the Ballwin residents and for the health of the city budget.


PUBLIC HEARINGS
None.
NEW BUSINESS
LEGISLATION

BILL # 3585 - AN ORDINANCE APPOINTING VIRGINIA NYE AS MUNICIPAL JUDGE FOR THE CITY OF BALLWIN.

A motion was made by Alderman Suozzi and seconded by Alderman Fleming for a first reading of Bill No. 3585.   A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3585 was read for the first time.

A motion was made by Alderman Fleming and seconded by Alderman Suozzi for a second reading of Bill No. 3585.  A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3585 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3585 with the following results: 
Ayes – Fleming, Boerner, Suozzi, Leahy, Terbrock, Schmer, Mellow, McDowell.    Nays – None.  Bill No. 3585 was approved and became Ordinance No. 09-28.

BILL # 3586 - AN ORDINANCE APPOINTING DON ANDERSON AS A PROVISIONAL JUDGE FOR THE CITY OF BALLWIN.

A motion was made by Alderman Suozzi and seconded by Alderman Leahy for a first reading of Bill No. 3586.   A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3586 was read for the first time.

A motion was made by Alderman McDowell and seconded by Alderman Boerner for a second reading of Bill No. 3586.  A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3586 was read for the second time.

Alderman Fleming abstained from voting.

A roll call was taken for passage and approval of Bill No. 3586 with the following results: 
Ayes – McDowell, Boerner, Suozzi, Leahy, Schmer, Terbrock, Mellow.  Nays – None.  Bill No. 3586 was approved and became Ordinance No. 09-29.
BILL # 3587 - AN ORDINANCE APPOINTING KEITH CHEUNG AS PROSECUTING ATTORNEY FOR THE CITY OF BALLWIN.

A motion was made by Alderman Suozzi and seconded by Alderman Terbrock for a first reading of Bill No. 3587.   A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3587 was read for the first time.

Alderman Fleming amended Section 2 per court session, to per month.

A motion was made by Alderman Terbrock and seconded by Alderman Suozzi for a second reading of Bill No. 3587.  A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3587 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3587 with the following results: 
Ayes – Terbrock, Boerner, Leahy, Mellow, Suozzi, Fleming, Schmer, McDowell.  Nays – None.  Bill No. 3587 was approved and became Ordinance No. 09-30.

BILL # 3588 - AN ORDINANCE AMENDING HOURS FOR SUNDAY SALES OF ALCOHOL BY LICENSEES.

A motion was made by Alderman Suozzi and seconded by Alderman Leahy for a first reading of Bill No. 3588.   A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3588 was read for the first time.

A motion was made by Alderman Boerner and seconded by Alderman Terbrock for a second reading of Bill No. 3588.  A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3588 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3588 with the following results: 
Ayes – Boerner, Terbrock, Leahy, Suozzi, Fleming, Mellow, Schmer.  Nays – McDowell.  Bill No. 3588 was approved and became Ordinance No. 09-31.

BILL # 3589 - AN ORDINANCE REPEALING SECTION 17-37 OF THE BALLWIN, MISSOURI, CITY CODE.

A motion was made by Alderman Suozzi and seconded by Alderman Leahy for a first reading of Bill No. 3589.  A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3589 was read for the first time.

City Attorney Jones said that the City of Ballwin is a party defendant in a suit that was filed by members of the Westborough Baptist Church from Topeka, Kansas with regard to the right to protest at funerals.  Ballwin’s ordinance that was enacted in 2006 mirrors the state statute which places certain restraints on the ability to protest in or around a funeral or funeral procession.  The group from Westborough has targeted approximately 30 cities on the west and east side of the state to have similar ordinances to the state statute.  He said that a similar lawsuit was filed which resulted in an injunction against the city of Gladstone and the State ordinance which went up to the 8th Circuit and was sustained.  Eventually, Ballwin’s ordinance, since it is similar to the state statute and the Gladstone ordinance, will probably be subject to the same injunction.  He said that rather than spend the city’s money trying to defend this at this time, repeal is a better way to handle this.  The Attorney General’s office will be allowed to proceed with the suit that is currently pending in the 8th Circuit.  Perhaps they will be successful in saving some part or all of the existing statute.  At that time the Board can revisit this issue.

A motion was made by Alderman Leahy and seconded by Alderman Suozzi for a second reading of Bill No. 3589.  A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3589 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3589 with the following results: 
Ayes – Leahy, McDowell, Boerner, Mellow, Terbrock, Suozzi, Schmer, Fleming.  Nays – None.  Bill No. 3589 was approved and became Ordinance No. 09-32.

BILL # 3590 - AN ORDINANCE AUTHORIZING THE CONTINUED PARTICIPATION OF THE CITY OF BALLWIN, MISSOURI, IN THE MULTI-JURISDICTIONAL DRUG TASK FORCE ORGANIZED BY ST. LOUIS COUNTY.

A motion was made by Alderman Suozzi and seconded by Alderman Terbrock for a first reading of Bill No. 3590.   A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3590 was read for the first time.

A motion was made by Alderman Terbrock and seconded by Alderman Boerner for a second reading of Bill No. 3590.  A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3590 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3590 with the following results: 
Ayes – Terbrock. Leahy, Schmer, Suozzi, Fleming, Mellow, Boerner, McDowell.  Nays – None.  Bill No. 3590 was approved and became Ordinance No. 09-33.


BILL # 3591 - AN ORDINANCE AMENDING SECTION 15-476 (SCHEDULE A) OF ARTICLE XII OF CHAPTER 15 OF THE ORDINANCES OF THE CITY OF BALLWIN WITH RESPECT TO THE SPEED LIMIT ON HENRY ROAD.

A motion was made by Alderman Fleming and seconded by Alderman Terbrock for a first reading of Bill No. 3591.   A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3591 was read for the first time.

City Administrator Kuntz said that an anonymous letter was received opposing the speed limit reduction.  He said the reduction makes the new speed limit consistent with the City of Manchester on the same road to the south of the area intended.

A motion was made by Alderman Boerner and seconded by Alderman Fleming for a second reading of Bill No. 3591.  A voice vote was taken with a unanimous affirmative result and the motion passed.  Bill No. 3591 was read for the second time.

A roll call was taken for passage and approval of Bill No. 3591 with the following results: 
Ayes – Boerner, Schmer, Terbrock, Fleming, Leahy, Suozzi, McDowell, Mellow.  Nays – None.  Bill No. 3591 was approved and became Ordinance No. 09-34.


CONSENT ITEMS:  (Budgeted items which are low bid and do not exceed expenditure estimates and/or items which have been previously approved in concept.)

A. Government Center Painting
B. Crack Sealing
C. Street Acceptance in Spring Cove

Alderman Fleming requested that Item A be removed for further discussion.

A motion was made by Alderman Suozzi and seconded by Alderman Boerner to accept the Consent Items B and C.  A voice vote was taken with a unanimous affirmative result and the motion passed.

MAYOR’S REPORT

Legislative Review Committee:  Mayor Pogue said he will be serving on this committee for the St. Louis County Municipal League. 

Public Defender Position:  Mayor Pogue said there is an opening for Public Defender.  There are no candidates at this time.  City Administrator Kuntz said that this position has been vacant for at least 6 years and is very rarely called upon.  The position is in the Ballwin ordinance and is recommended by the Mayor, subject to Board approval.  Alderman McDowell asked if this could be relegated to St. Louis County.  City Attorney Jones said that the case law indicates that if there is a real chance that a liberty interest is going to be impacted, someone will be sent to jail and they are indigent, the judge will find out if it will be appropriate to appoint a public defender.  If the judge already knows that the sentence is going to be a fine, there’s no compulsion to appoint a public defender.  He said that this is 99% of the cases.  Mayor Pogue suggested that this be discussed with the new municipal judge.

Planning & Zoning Ward 2 position:  Mayor Pogue said a resignation letter has been received from Sue Heath from Ward 2.  He asked the Ward 2 aldermen to recommend a candidate at a future meeting. 

Board of Adjustment:  Mayor Pogue said the alternate position still needs to be filled.

CITY ADMINISTRATOR’S REPORT

Government Center Painting:  City Administrator Kuntz said that after the first bid opening, and two potential bidders said they didn’t know about the project.  The bids were rejected by the Board because it seemed that there should be more interest in this project and more competition.  He said that there were a lot of people who looked at the building prior to the bid deadline.  He said that staff reached out extensively to try to solicit competition, and only two bids were again received.  The bids are similar to those received the first time.  Alderman Schmer said that he the people he spoke with quoted prices lower than the previous bids, but they didn’t qualify under the State mandates.  City Administrator Kuntz said that the process costs money and there are certain legal mandates that are nondiscretionary such as prevailing wage, insurance, bonding, licensing, etc.  He said this adds to the cost of the product. 

Alderman Fleming asked about advertising.  City Administrator Kuntz said that the first time, the request for proposals was advertised but not extensively.  The second time, all publications in the area were contacted.  He said that the original low bidder was contacted, but did not submit another bid because the deadline passed and he simply failed to submit another bid.  The first low bidder seemed to be upset with himself, not the city, since he failed to submit another bid. 

City Administrator Kuntz said that if a color other than white is used, the cost will be approximately $5,000 less than budgeted, due to two coats being applied. 

Alderman Schmer asked if we can supply the paint.  City Administrator Kuntz said that the project was not bid that way.  Alderman Leahy said that a painter becomes comfortable with the product that he uses.  It won’t be acceptable to make a painter switch products.  Painters don’t usually mark up the price of the paint.  Alderman Terbrock said that if something goes wrong with the paint, the city won’t have any recourse to have the painter make the repairs. 

A motion was made by Alderman McDowell and seconded by Alderman Terbrock to accept the low bid from All American.  A voice vote was taken with a unanimous affirmative result and the motion passed.

A motion was made by Alderman McDowell and seconded by Alderman Mellow to allow staff to decide the color to be used, and to authorize the additional charge for the second coat.  A voice vote was taken with a unanimous affirmative result and the motion passed.

On-Line Registrations:  City Administrator Kuntz said the Ballwin Athletic Association has been doing this for years.  The Vermont Systems Rec Trac software is already in place, so this is a sole source purchase situation.

A motion was made by Alderman Suozzi and seconded by Alderman Leahy to purchase the module, including training, and required licenses, from Vermont Systems in an amount not to exceed $11,945.00.  A voice vote was taken with a unanimous affirmative result and the motion passed.

Mosquito Control:  City Administrator Kuntz said the Public Health & Safety Committee discussed this program and had a presentation from St. Louis County.  He said the recommendation from staff for the 2010 budget is that Ballwin contract with St. Louis County for this service and monitor the effectiveness in terms of citizen reaction.  St. Louis County would run the program and be responsible for compliance, implementation, complaints.  The Board could evaluate the success and reconsider the program for 2011. 

Alderman Suozzi said she understands from St. Louis County that they go onto private property.  City Administrator Kuntz said that we don’t go onto private property for mosquito control.  Alderman McDowell said that St. Louis County will honor the opt out request by citizens.  City Administrator Kuntz said that St. Louis County has the training, the expertise, and the authority of the County Health Department. 

Alderman Suozzi said that our documents indicate that our cost is $21,500.13 for spraying, not $26,000 as stated by Ms. Bresnan. 

A motion was made by Alderman McDowell and seconded by Alderman Mellow to contract with St. Louis County in 2010 for mosquito spraying.  A voice vote was taken with the following result:  Aye:  Boerner, McDowell, Mellow, Leahy, Terbrock, Suozzi, Schmer.  Nay:  Fleming.  The motion passed by a vote of 7-1.

A motion was made by Alderman McDowell and seconded by Alderman Mellow to immediately discontinue the mosquito spraying for the rest of 2009.  A voice vote was taken with the following result:  Aye:  McDowell, Mellow.  Nay:  Terbrock, Schmer, Suozzi, Fleming, Leahy, Boerner.  The motion failed by a vote of 2-6. 

Kehrs Mill Street Lights:  City Administrator Kuntz said there are eight lights on Kehrs Mill in the section that is under St. Louis County maintenance, but the lights are on the municipal street light bill.  Previously, the Board approved elimination of the fixtures on Clayton Road.  Those fixtures have been taken off Ballwin’s monthly, but the delayed removal is caused by communication between Ameren and the Claymont Subdivision to determine if they want to take over the charge.  The streets lights in question are from Clayton Road north to the Chesterfield city limits, which is all under County jurisdiction.  He said the question is does the Board wish to follow the same approach that was established with the Clayton Road lights and eliminate or stop paying on these lights. 

Alderman Suozzi said that she voted no on the elimination of the Clayton Road lights.  She said that she has a problem with the premise that we eliminate lights simply because the road is maintained by someone else.  We are saving money by having the County maintain this portion of Kehrs Mill, there isn’t a subdivision to fall back on to take over the lights, and it’s not an issue of redundancy.  The lights will be taken totally away.  She said that this is not what she thought was the purpose of the lighting program. 

Alderman Fleming said he agrees with Alderman Suozzi.  The $1,532 cost saving is minor at the expense of motorists, pedestrian safety and neighborhood safety.  This will be foolish to eliminate street lights on a major road.  He said he is disappointed that he missed the meeting when the decision was made to turn off the lights on Clayton Road. 

Alderman Leahy agreed.  He said he does not understand why the city is paying for a state road.  Ballwin has enough financial problems that we don’t need to be taking care of the State or County.  He said that he has not had any complaints.  Ballwin residents know the financial situation that we are in.  Ameren has not turned off the Clayton Road lights.  He said he will vote no.

Alderman Suozzi said that other street lights are being considered to eliminate if they are redundant or unnecessary.  She said that this issue is regarding a sweep of all the lights on Kehrs Mill Road. 

Alderman Fleming said that he is not saying that if we can appeal to St. Louis County to absorb the bill, that we shouldn’t attempt to do that, but this cannot be counted on.  He said he would prefer to have the lights on.

Alderman Terbrock said that $1,500 is a small amount, but over several items, it could amount to a lot more.

City Administrator Kuntz said that we don’t pay for street lights on Manchester Road because this is a State route.  He said that this is an attempt to be consistent.  Board direction is needed regarding how to proceed since street lights are a $450,000 expenditure overall. 

Alderman Suozzi said that Ballwin is involved in a consortium of several cities that have similar issues with Ameren about the charge for their lights, which is heavy on the rental property aspect and the cost of the electricity is minimal.  She said that if this group can move forward and apply pressure to Ameren, we may get either a lower price for either purchasing the lights, or an adjusted rate.  City Administrator Kuntz said that this will be on the next Board meeting agenda because there is a movement to file an amendment to challenge the Ameren rate hike as it relates to municipal street lights. 

Purchasing Policy / Surplus Property:  City Administrator Kuntz said that staff has been in the process of conducting a comprehensive review of the purchasing and surplus property policies.  He said that other cities have been contacted regarding their procedures.  New guidelines have been prepared that are more reflective of today’s economy and more realistic compared with other cities.  The current dollar amount threshold for presenting a purchase to the Board is $5,000.  If the amount is increased to $10,000, it will lessen what the Board has to deal with and will be more consistent with the economy.  He said that legislative action is necessary to make the change in the policy. 

Alderman Suozzi asked how long the $5,000 has been in effect.  City Administrator Kuntz said that at least since 1988.  Alderman Schmer said that fewer purchases will be presented for Board approval because the minor expenses will be approved at staff level.  City Administrator Kuntz said that expenses will still have to be authorized expenditures through the budget.  He said that everything over $5,000 requires expensive advertising, sealed bids, and the formal process subject to Board approval.  By changing it to $10,000, such purchases could be approved administratively and not require Board approval.  He said that advertising has to be in newspapers with general circulation.  This cannot be done electronically.  An ad could cost between $500 - $1,000 to satisfy the legal requirement. 

Alderman Schmer asked who makes the decision on expenses under $5,000.  City Administrator Kuntz said that he makes the decision.  If raised to $10,000, he would also make the purchase decision.  City Administrator Kuntz said that there are levels that the Department Head makes the decision. 

City Attorney Jones said that the State of Missouri passed a statute that became effective on August 28 that requires publications in a publication of general circulation for foreclosures, estates and other probate matters.  He contacted the publisher and editor of the “Daily Record” and the “St. Louis Countian” and asked if their papers would qualify under the definition set forth in the statute.  He said that he was provided with case law both on the western and eastern side of the state that establishes those two papers as newspapers of general circulation.  He said he is confident that if the city publishes in those papers, we will meet the definition of a publication of general circulation.

Alderman McDowell said that this is a relegation of legislative authority.  It takes away some legislative oversight.  He said he would be in favor of selected situations, but does not approve of blanket change from $5,000 to $10,000.  As a Board, legislative oversight would be given away.  He said the aldermen will be held accountable to the voters on the decisions that are made. 

City Administrator Kuntz said that by ordinance his appointment gives him certain duties, responsibilities and functions of accountability.  He said that the Board also has duties and responsibilities and is charged with adopting the annual financial plan.  Everyone is accountable to live within those numbers that are approved in public session as custodians of the public trust.  The Board needs to decide how micro they want to be.

Alderman Boerner said that inflation since 1988 would most likely increase the amount to $10,000.  Alderman Fleming said he is in favor of leaving the $5,000 amount as it is at this time.  There have been visitors in the audience that highly scrutinize everything that the city is doing.  He said that changing the amount to $10,000 is not a good message to send.  An informal bid process for items as high as $10,000 may cause more problems than dollars saved. 

City Administrator Kuntz said that if there is a hole in the ground in one of our road projects, we’re pumping blue soil and begins to reopen a road, he will authorize the gravel and excavation needed to get the road back open.  He will later ask for Board approval after the fact.  He said this doesn’t happen very often, but Ballwin cannot allow an open public safety issue for two weeks until the Board can officially approve an emergency expenditure. 

A motion was made by Alderman McDowell to take the recommendation presented by City Administrator Kuntz, but rather than changing the limits of the bids to $10,000 without Board approval, the amount would be $7,500.  The motion failed due to the lack of a second.

Alderman Schmer said that the Board should not give more latitude, but should have more control.  He said that the Board should be looking at every single expense for every single dollar.  He felt that it would be irresponsible to push off onto City Administrator Kuntz to make all of the decisions.  He said that’s why the aldermen are elected.  The Board should be sensitive and critical of the budget.

Alderman Boerner said that the Board has this responsibility, but also delegates.  He said the Board should not micro-manage. 

A motion was made by Alderman Boerner and seconded by Alderman Mellow to adopt the staff recommendation that includes increasing the amount to $10,000.  A voice vote was taken with the following result:  Aye:  Boerner, Mellow, Suozzi, Terbrock.  Nay:  Leahy, Fleming, McDowell, Schmer.  Mayor Pogue broke the tie by voting Aye.  The motion passed by a vote of 5-4.

Alderman Fleming said that raising the amount to $10,000 was not the entirety of the recommendation.  Alderman Boerner said that it was his intent to accept the whole recommendation.  City Administrator Kuntz said that this vote authorizes the City Attorney to draft legislation. 

Alderman Terbrock said that it is not their purpose to micro-manage staff. 

CITY ATTORNEY’S REPORT

City Attorney Jones said he attended a hearing regarding the rezoning of the Schnuck’s property.  A trial date has been set for April 26, 2010 in Division 15 of St. Louis County Circuit Court.  Schnuck’s was permitted to intervene as a party defendant in the case.  They will be participating in the suit.  Other pre-trial events will take place between now and April 26.  City Administrator Kuntz said that there’s nothing that could be done to expedite the proceedings.  City Attorney Jones said that there has been no injunction issued and no bond posted.  He said that Schnuck’s can proceed with its development until the court says otherwise, and it is his understanding that Schnuck’s desires to commence construction.  City Attorney Jones said that the April date was set due to the judge’s schedule, the plaintiffs needed more time to conduct discovery, Schnuck’s filed a motion to expedite the trial date and the discovery process.  The Judge decided that 8 months was an appropriate amount of time to conclude the process.

ALDERMANIC COMMENTS

2010 Budget:  Alderman Fleming said that on the revenue section of the budget, it would be wise to assume less than 4%.  He does not believe that revenue from businesses that have been lost will be replaced by businesses that are opening.  He said he is concerned about the utility collections since people are trying to conserve and will drive down the utility taxes.  IP phones replacing some land lines will also lower the revenue. 

Alderman Fleming said that regarding personnel, he asked for the numbers for 2009 actual and the 2010 projected with the 9 months actual and 12 months projected.  He said he is still in favor of the curbside leaf collection and is in favor of residents paying for the service who are receiving it.  He said he is in favor of pay for service.

Alderman Boerner said 4% is in addition to the 10% reduction from the current year.  It is actually a 14% difference.  He said that the committee should discuss the consensus on what the Board will be dealing with.  City Administrator Kuntz said that the Board has the opportunity to provide input.  Sub-committees have always been used for the budget.  Alderman Boerner said that Parks & Recreation has a total operating deficit of $750,000.  He suggested that revenues be brought up at the golf course, which has an operating deficit of $196,000.  The revenues can be brought up to reduce the deficit. 

Alderman Suozzi said that Alderman Fleming was trying to reiterate some of the comments that were made during the discussion.  She said there is a time restraint and the entire Board has always addressed this part of the budget.  Alderman Fleming said that if there is a committee meeting, he will attend.

Adjourn:  A motion was made by Alderman Suozzi and seconded by Alderman Mellow to adjourn.  The motion passed unanimously and the meeting was adjourned at 8:37 p.m.

TIM POGUE, MAYOR

ATTEST:
ROBERT A. KUNTZ, CITY ADMINISTRATOR

MC