CITY OF
MINUTES REGULAR COUNCIL MEETING OCTOBER 26, 2005
MEMBERS PRESENT: Ira Allen, Larry Coursen, Rich Hamit, Bruce Smith, Bob Sisson,
Bruce Smith, Mayor Jack Young.
OTHERS PRESENT: Mike Dickerson, Ed Harmison, Everette Dannar, Cheryl Brown.
The meeting was called to order by Mayor Young at 7:00 PM. Roll was called.
MINUTES / WARRANTS: Ira Allen moved to approve the minutes of the October 10, 2005 meeting. Bruce Smith seconded; motion carried 5-0.
Ira Allen moved to pay the warrants; Bob Sisson seconded. Motion carried 5-0.
SEWER INSPECTION NOTICES: The council reviewed the PETITION FOR ORDER COMPELLING COMPLIANCE that has been prepared by Michael Coffman, City Attorney, that will be served to those residents who have refused to have their homes inspected for illegal connections to the sewer system. At this time, there are three residents that will be served for non-compliance. Coffman has asked the clerk to supply him with the names and addresses, and also a copy of the ordinance before serving. Bruce Smith moved to approve the document. Larry Coursen seconded; motion carried 5-0.
EASEMENTS, MISC: Michael Coffman mentioned coming to the next meeting to discuss easements, etc in regards to future sewer improvements. Mayor Young said that he has asked Dave Peimann of Peimann Title & Escrow to provide a plat of the city and legal descriptions of easements and alleys. Peimann was unable to give the mayor an estimate of how long this might take to accomplish. There was discussion about requirements for how the sewer improvements should be bid.
CONSENT AGREEMENT: KDHE has sent a letter stating new times for work being done in regards to the sewer system improvements that they are requiring. The matter was tabled until Vic Robbins verifies that the times are what we requested.
TASERS: Chief Ed Harmison told the council that Officer Dannar had approached him before his stroke to figure out a way to purchase a taser since they don’t have enough in their budget to cover the cost. The county officers have them, and there’s been several times this year that he (Harmison) could have used one, such as last month when he dealt with a mentally disturbed person at a local business. Harmison told Dannar to look into ways to come up with the funds to buy tasers. Dannar inquired at WalMart’s where they have a foundation that does this sort of thing. Dannar asked Harmison about approaching some in the local community, and they gained quite abit of support from the businesses. Harmison made sure that Dannar told Ira Allen, the police commissioner about this activity. Harmison said that he understands there is that the council has some problem with what they’ve done. He can’t see why there would be a problem with trying to get “free” money. They still have the funds. Mayor Young asked if they’ve collected enough money to pay for the two tasers. Harmison said that they do. Bruce Smith said his main question about all this is the council not being told of the need, and the police department asking for donations without the council’s knowledge. Harmison said he’d take the responsibility for not informing the council, and that Dannar had talked to him about mentioning it at the last council meeting but was told not to bring it up, but to make sure that Ira Allen knew. Ira Allen said he didn’t see any problem with asking for donations, but it needed to be cleared with the treasurer. Harmison said that as long as the funds go into and out of the General fund, the Law fund wouldn’t be involved.
Bruce Smith
asked what the pluses and minuses of the taser
are. Harmison
said the taser is less deadly than the club they now
carry. The taser
will punch two small holes into the skin rather than possibly break bones. Dannar then
presented the following information: The
taser sends out 50,000 volts which has no amperage to
it. Once the leads have made contact, it
shocks for 5 seconds. This has much less
chance of lasting effects than with pepper spray. The main safety point is that hand-to-hand
combat is eliminated. The leads can be
bought that have a 30-foot range. Dannar also said that once the leads have been deployed,
the taser can still be used with direct contact.
Ira Allen hasn’t received verification on how the tasers would affect the liability insurance rates, but doesn’t think that it would be a problem. Dannar then said that the tasers are a Level 4, which is the same as pepper spray. Dannar said he had been told by Michael Coffman that there shouldn’t be any legal problems related to getting the tasers. Dannar stated that the tasers would add to the safety of the police officers and the subjects that they would be used on. The mayor asked if adding the taser would enable them to get rid of the pepper spray or batons. Harmison and Dannar said that the taser would be in addition to the other devices.
Harmison said that if there’s any grievance with the way this matter was handled, he would take responsibility and be open for direction on how to handle things like this in the future. He stated that the amount of support Dannar got from the businesses was overwhelming. Dannar said he started talking to WalMart about two months ago when he learned about their foundation. He hadn’t done anything else until he heard from WalMart, which he did last week. The day he received the check, he notified Harmison and he also talked to Ira Allen and this is the first council meeting we’ve had since then.
Mayor Young asked if there needs to be more discussion or a vote to go ahead with the purchase. Dannar said he only has 5 businesses left that have asked him to come back, but have indicated they would donate. The mayor asked if Dannar has collected the full $1800. Dannar said that he has $1575 collected, and if the five businesses donate the amount they indicated he would have the full $1800 required. Larry Coursen asked why this couldn’t have waited until this meeting. Chief Harmison again stated it was his fault and apologized and said it wouldn’t happen again. Mayor Young said that it might be partly his fault and that everyone may have the wrong idea about liaison’s and police commissioners which he hopes to discuss later. Bruce Smith stated that he has no problem with departments having the necessary tools to do their job, but he regrets that it wasn’t brought before the council before the businesses were contacted. Harmison said that he would be willing to talk to any of the businesses that might have a problem with this. Larry Coursen then said that some businesses might feel obligated to donate. Smith again said that it would have been better to come to the council to make sure the funds weren’t available through regular channels rather than the council learn about it after the fact.
Ira Allen moved to authorize the police department to purchase two tasers. Rich Hamit seconded the motion; motion carried 4-1 with Coursen voting no.
ZONING SEMINAR: Bruce Smith made a
motion, seconded by Ira Allen, to approve 2 members of the Planning Commission
to attend a seminar in
SURVEY OF
RECREATION COMMISSION: The mayor said he should have more information on this at the next meeting.
PART-TIME OFFICE: The council agreed by concensus to have Bruce Smith and Ira Allen work with Cheryl Brown to conduct interviews and provide the full council 3 applicants from which to choose for the position.
GALAXY CHANNELS: Brown said that she’s learned that Galaxy is having their state budget meetings at this time, and should have more definite facts in another month. The mayor asked if Sprint is able to offer cable television. Brown said that Carolyn Gaston will be at City Hall on Monday November 14th between 3-5 PM to answer questions from the public, and this would be a good question.
POOL LOCKERS: Rich Hamit said he hasn’t looked at the lockers, but if Bob Call doesn’t think they’re worth fixing with locks, it might be better to get rid of them. Mark McCain was interested in them, so the council agreed to sell them to him. The mayor asked about just giving them to him in order to get rid of them. The council agreed to have the mayor make the decision.
CLERK’S REPORT: Cheryl Brown reported that the first petitions regarding the Sunday sale of cereal malt beverages and alcoholic liquor that were submitted by several residents are unacceptable according to the Osage County Clerk. More information needs to be on the petition, along with a notarized signature of the circulator on each page. She has submitted a draft of the new petition to Delton Gilliland, the attorney for the county commissioners for approval. The county clerk did tell Brown that there were more than enough validated signatures to require the matter be put on a ballot, and there was discussion about when the actual vote would take place. The state statute says “the next regular election” which would be the fall of 2006. The ordinance previously passed goes into effect December 14th of this year.
VETERINARY REPORT: The
council reviewed the sign-in log showing all animals that were taken to
Carbondale Pet Clinic so far in 2005.
There were only about 16 dogs and cats on the list. The mayor stated that the first time a
licensed animal is picked up, they can be returned to
the owner along with a warning ticket.
After that the animal will be taken to
Bob Sisson said that if Dr. Tucker notifies the city whenever any animal is “adopted” by an Overbrook resident, follow up can be done on getting them licensed. Sisson then asked if the council will get copies of warnings or actual tickets at the end of the month when Tomlinson turns in his time. Chief Harmison said that actual tickets go through municipal court, but he can provide copies of the warning tickets.
MISC: The city has received information about the advisory panel recommended by the Economical Development Committee.
COUNCILMEMBER COMMENTS: Rich Hamit told the group that he had given approval for the pool staff to have a party where they would take donations and sell raffle tickets to raise money to buy pool equipment last summer. They weren’t able to have the party due to weather, but he hadn’t brought it up before the whole council. Other council members feel that all this type of activity should be discussed at a meeting.
LIAISONS FOR DEPARTMENTS: Mayor Young stated that a liaison is someone who should be available for questions and or advice for city employees, but that no one liaison has any more power than any other council member. A liaison can help with things like the budget, but it still takes a vote by a quorum to make final decisions. With that being said, the mayor appointed the following liaisons:
LAW: IRA ALLEN & LARRY COURSEN
STREET BRUCE SMITH & BOB SISSON
WATER BOB SISSON & BRUCE SMITH
SEWER BRUCE SMITH & BOB SISSON
RECREATION: RICH HAMIT & JACK YOUNG
CLERK/OFFICE: JACK YOUNG
MISC: Chief Harmison said that in the past, he has put up with the council doing illegal things around City Hall, such as parking on the wrong side of the street or too close to the fire hydrant. He asked that the council try to restrain from doing this in the future.
The clerk said that people are still parking next to the planter on the east side of City Hall in spite of a NO PARKING sign being bolted to the planter itself.
There being no further business before the council, Rich Hamit moved to adjourn. Bruce Smith seconded; meeting adjourned at 8:00 PM.
Respectfully submitted,
Cheryl L Brown
City Clerk
APPROVED: November 9, 2005