Alderman questions the legalities of city business
May 23, 2001 | Headline News |
The Gallatin Board of Aldermen discussed a report on the feasibility study to furnish Daviess County Water Supply District #2 with additional water to possibly supply Jamesport and other areas in and around the district during its regular meeting held May 14 at city hall. Midland Engineering will be contracted to perform a water plant capacity and related requirements study for an amount not to exceed $5,000.
Bids will be sought to reset fallen and damaged headstones at Lile Cemetery, following last year’s similar project at Brown and Greenwood cemeteries.
Gallatin Police Chief Jim Wycoff reported on his activities to form a steering committee to develop and explore a teen youth center for the community. Meetings have been held and more meetings are planned with school groups and the ministerial alliance. Volunteers are being sought for the steering committee.
After the board discussed additional information on vehicle replacement and financing options for the police department, a bid from Shawnee Mission Ford was accepted for the purchase of a 2002 Ford Explorer in the amount of $22,957.
City Administrator Jason Helton gave a report on the electrical peaking project. Engines, tanks and transformers are on-site. Testing is anticipated to take place soon.
The pool is scheduled to open May 26. Pool hours will likely be reduced at least one hour per day and the pool will likely be closed on Mondays to allow for cleaning and maintenance activities.
A report was given on the youth summer recreation program with Northwest Missouri State University.
Mr. Helton stated that survey responses received to date do not indicate sufficient interest for the city to invest in a wireless Internet system. However, at least one private company has expressed interest in developing such a system for the city. The city plans to assist any interested parties in the development of the system.
An ordinance authorizing the execution and delivery of a municipal lease agreement (Farmers Bank of Northern Missouri Bank Lease) and other documents and agreements in connection therewith was accepted after first and second readings.
An ordinance authorizing the mayor and city clerk to execute an amendment to the natural gas transmission agreement between the cities of Gallatin and Hamilton was accepted after first and second readings.
R. Scott Stephens, CPA, was retained to perform the 2001 fiscal year audit for Gallatin.
Alderman Gene Schweizer’s motion to amend the minutes from the meting of April 23 died for lack of a second. Minutes were accepted.
Alderman Gene Schweizer made a motion to vote on each of the lease payments separate from the list of accounts payable. The motion died for lack of a second.
Bills in the amount of $152,806.09 were approved for payment.
During comments by alderman, Norma Griffin reported that a citizen requested an alley be closed adjacent to their property and also reported that a resident visited with her about a pothole at the entrance to Mary Arlene apartments.
Gene Schweizer inquired about sales tax accounting procedures.
Mr. Schweizer made a motion that the city seek a written opinion from the auditor, Mr. Stephens, as to the city’s compliance with provision regarding the city’s combined waterworks and sewerage system. Also, his written opinion as to the city’s overall compliance, in all material respects, with the provisions of laws, regulations and contracts affecting the city of Gallatin. Specifically, the provision of Chapter 91 and Article VI, Sec. 27 (a) Mo. Const. as they pertain to financing municipally owned utilities. Motion died for lack of a second.
Mr. Schweizer made a motion that the city seek a written opinion, with case law cited to support this opinion, from the city attorney, Mr. Lewis, pertaining to the provisions of 71.010, 91.120, 91.170, 91.190, and 91.300 RSMo and sec. 27(a), Article VI Mo. Const. as they relate to the gas and electric system financing. Motion died for lack of a second.
Mr. Schweizer made a statement regarding his concerns related to the legality of the natural gas and electric financing arrangements and requested his written statement be made part of the official minutes.
During comments by the mayor, L.B. Davis reported on his research into the legality of the natural gas and electric lease-purchase financing arrangements as entered into be previous boards. Bases on the many legal opinions rendered as part of the financing and as a result of more recent discussions with a Kansas City law firm, he stated he is confident the city had the statutory authority to enter into the lease-purchase arrangements and the city is abiding by the terms of the agreements.
Mayor Davis also requested that an ordinance be drafted limiting elected city officials from incurring expenses or seeking an opinion from city hired consultants, including the city attorney and auditor, without the majority consent of the board.
Regular meeting dates for the next two board of aldermen meetings were rescheduled to Tuesday, May 29, and June 14.
The above are the unapproved minutes of the regular meeting for the city of Gallatin held on May 14, 20001, at city hall. Present were Mayor L. B. Davis, aldermen Norma Griffin, Shonna Morrison, Gene Schweizer and City Administrator Jason Helton. Alderman Morrison was excused form the meeting at 6:45 p.m.
