City Council

Page 700 CITY OF CARUTHERSVILLE January 17, 2023 Be it remembered the Council of the City of Caruthersville met in regular session Tuesday January 17, 2023 in the Council room of the Municipal Building at which time and place the following were present: Sue Grantham Mayor Takella Motton City Clerk Lawrence Dorroh City Counselor Tony Jones Sergeant at Arms Robinson Councilperson Glass Councilperson Bullington Councilperson Lyons Councilperson Rittenberry Councilperson Grable Councilperson Hood Councilperson Spence Councilperson The number of members necessary to consider a quorum being present, the Mayor called the meeting to order and announced the meeting was in session for the transaction of business. The first order of business was the approval of the regular session minutes for January 3, 2023. Councilperson Grable motion for approval, second by Councilperson Hood with all in favor. Councilperson Rittenberry made motion for the approval of the closed session minutes for January 3, 2023, second by Councilperson Glass all in favor, with all in favor. Councilperson Hood motion for approval for the reports and bills, second by Councilperson Lyons with all in favor. Mayor Grantham made reference to a letter submitted by Mike Hazel for his resignation as Municipal Judge. Mr. Hazel has reached the mandatory retirement age is asking for his resignation to be effective February 1, 2023. The Mayor entertained a motion for acceptance; Councilperson Lyons motion for approval. Councilperson Grable second the motion which resulted in the following vote: Robinson Yes Glass Yes Bullington Yes Lyons Yes Rittenberry Yes Grable Yes Hood Yes Spence Yes Mayor Grantham appointed Kim Carter as Municipal Judge, and asked for approval, and she was sworn in by the City Clerk. Councilperson Lyons motion for approval, second by Councilperson Bullington, which resulted in the following vote: Robinson Yes Glass Yes Page 701 Bullington Yes Lyons Yes Rittenberry Yes Grable Yes Hood Yes Spence Yes Police report; Chief Tony Jones wanted it to be made clear that animals cannot be fired upon unless life is in danger. The first course of action should be calling the police if you feel that life is being threatened by a dangerous animal. Humane report; Karol Wilcox reported that the formal license inspection for renewal had taken place. The Shelter got dinged on minor maintenance, in which boards instead of tarps will be installed for windbreaks. Ms. Wilcox also reported that an eviction notice was in process for the Ferguson dog situation. Fire report; Fire calls from January 4, 2023 to January 17, 2023 are as follows: 1/4/23; Tree fell on house on East 8th St. causing a leak to gas meter, 1/5/23; Smoke care with minor damage due to smoking in bed at Taven Apartments, 1/6/23; Vehicle smoking due to oil leak on Hwy U & I55 overpass, 1/7/23; Vehicle on fire a total loss on Hwy 164, 1/11/23; Gas riser struck by backhoe on Bushey, 1/11/23; Smoke scare due to mattress smoldering on Madison, 1/14/23; Structure fire with moderate damage on Hwy D. There were 129 fire calls for 2022 with 91 within the city limits and 38 outside the city limits. Alliance report; Dustin Sterling Operations Report for December is as follows: Administrative; The electronic Discharge Monitoring Report for the month of November was submitted, and the Compliance Monitoring Report for Groundwater Systems was also submitted with all passing. Treatment; The 3rd Street Water Plant the primary source of water supply is operating normally. The Industrial Treatment Plant is operational and will run if demand is higher than the production at 3rd St. The Wastewater Treatment Plant is performing as expected with a 98.5% BOD removal efficiency, and a 98.0% TSS removal efficiency. Regulatory; All 8 Bac-T samples taken for December passed, and the 29 Wastewater samples taken for December also passed. Collection/Distribution; There were two water leak repairs, 43 customer service orders, and 38 line locates during the month of November. Project Updates; Repairs were made to the Industrial Treatment Plant in order for it to be operational as follows: Media installed into filters, hydraulic valve repaired, leak repairs done on chlorine feed system, caustic pump installed, transfer pumps were repaired, chlorine/pH analyzer was repaired and calibrated, and repaired leaks on backwash diaphragm valve. Safety; Safety meeting on Chainsaw Safety, Ladder Safety, and Housekeeping Awareness for the month of December. Repair Expenses for the month of November was under budgeted by $5,313 and Chemical Expenses over budgeted by $177. Code Enforcement; Barry Gilmore reported that Visu-Sewer would be back in town for the cleaning and cameraing for sewer liners. The bus barn manhole was concreated over, and crews are looking to find it. The sweeper is down; once the radiator is repaired it will be in operation. The first wave of tear downs are completed; the second wave will start on the January 30, 2023. There will be two notices going out for dangerous buildings tomorrow. Parks & Recreation; Lamonte Bell reported that the pool lift was in and operational. The walking  Page 702 track is now part of the 24 hour access, and for the month of January you can get 50% off membership. There have been new members for UHC Silver Sneakers, little league basketball is underway, and a new volleyball net is up. Library report; Marsha Hayes reported that the Laurent Sound CO will be here January 20, 2023 to look at the theater needs concerning sound and lights. Ms. Hayes is also having someone to come and look at the windows for leaks, and the outside lights on the buildings. The local author fair is coming up, and she’s working on a grant for automatic doors. Collector report; Collections from January 1, 2023 to January 17, 2023 are as follows: Real Estate $28,030.26, Personal Property $15,308.98, Drainage Districts $1,219.63, Miscellaneous $1,405.17 Total Taxes $45,390.07, Fees & Interest $573.97, Total Taxes $45,964.04. Mayor Grantham reported that she vetoed Bill No. 2022-14 Ordinance 2022-14 regarding the dumping of waste water into the City’s waste water facility after consulting with the City Engineer. The question being whether the bill shall pass notwithstanding the objections of the Mayor as follows: Robinson No Glass No Bullington No Lyons No Rittenberry No Grable No Hood No Spence No Mayor Grantham also reported that she had received an email from Bootheel Regional Planning concerning broadband stating that the fiber optic was continuing on after the selection had been made for the planning. The company that was chosen by the City also was chosen by others, and they have turned their plans into Bootheel Regional. Once Bootheel Regional send the plans to the State, the State will send it back to Bootheel Regional upon approval. After that takes place the bidding process starts, the City cannot elect to choose who they want. Once the company is selected it will be in the City’s possession to lease out for five years, and then the City can decide what it wants to do. A beacon light and pole is needed for the airport which would cost $36,000.00. There’s money available from a grant with MODOT, which would take six weeks to process. If the light and pole is purchased now the price will be locked in, but if we wait until the money is available the price will go up after February 5, 2023. The Mayor recommends to go ahead with the purchase and reimburse funds once they become available. Councilperson Grable motion for approval, second by Councilperson Rittenberry, which resulted in the following vote: Robinson Yes Glass Yes Bullington Yes Lyons Yes Rittenberry Yes Grable Yes Hood Yes Spence Yes Business From the Floor; Pierre Leach inquired about the property on East 18th St. that the City had worked out with him in lieu of the property on East 14th St. Counselor Dorroh stated that he would meet with DeReign along with Mr. Leach upon appointment. Charles Motton was concerned about the Page 703 police protocol concerning an incident at school with a mass text message that was sent to his son. An officer came to Mr. Motton’s residence and stated that his juvenile son was under arrest. Mr. Motton told the officer that he would bring his son to the police station. Mr. Motton had to leave the station, and when he returned the Investigator told Mr. Motton that his son could go. Upon questioning the Investigator about the incident and police protocol in handling the incident, he was told to leave, and handled in a dismissive way. Mr. Motton stated that he would at this point register a formal complaint against the officers after talking with Counselor Dorroh. Introduction to Bills; Counselor Dorroh introduced a bill that would impose a tax for adult use recreational marijuana within the City. The constitutional provisions provide an additional three percent sales tax in addition to the current sales tax rate for the City. Councilperson Grable motion for the first reading by title only, second by Councilperson Lyons with all in favor as follows: BILL NO. 2023-01 ORDINANCE 2023-01 AN ORDINANCE IMPOSING A SALES TAX AT A RATE OF THREE PERCENT ON ALL TANGIBLE PERSONAL PROPERTY RETAIL SALES OF ADULT USE MARIJUANA SOLD WITHIN THE CITY OF CARUTHERSVILLE, MISSOURI, PURSUANT TO ARTICLE XIV, SECTION 2.6(5) OF THE MISSOURI CONSTITUTION SUBJECT TO THE APPROVAL BY THE VOTERS OF THE CITY AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON APRIL 4, 2023; DESIGNATING THE FORM OF BALLOT; AND DESIGNATING THE FORM OF BALLOT; AND DIRECTING THE CITY CLERK TO PROVIDE NOTICE OF SAID ELECTION. Councilperson Lyons motion for the second reading, second by Councilperson Hood, with all in favor. Councilperson Grable motion for passage of the bill, second by Councilperson Hood, which resulted in the following vote: Robinson Yes Glass Yes Bullington Yes Lyons Yes Rittenberry Yes Grable Yes Hood Yes Spence Yes Councilperson Bullington wanted to know if the marijuana sales tax had anything with the allowance of marijuana or zoning, which is does not. The Public Hearing for February 6, 2023 is for the zoning of recreational marijuana, zoning for medical marijuana has already passed. Councilperson Bullington wanted clarification of the lot where Good Day Farm was interested in having the facility. Barry Gilmore stated that he had mapped out the area which is 271 feet from the Mott’s property. Councilperson Rittenberry wanted to know were there any more options that Good Day Farm would be interested in. Mr. Gilmore stated that they were not interested in Industrial Dr. because they would have to set back a ways in order to be 1000 ft. from the church. They would consider the lot that Bryan Irions has as long as the price was reasonable as a possibility. Councilperson Lyons motion to go into close session for the purpose of real estate, personnel, and legal, second by Councilperson Robinson, which resulted in the following vote:  Page 704 Robinson Yes Glass Yes Bullington Yes Lyons Yes Rittenberry Yes Grable Yes Hood Yes Spence Yes Upon returning from closed session, Councilperson Lyons stated that the step increase for salaries was budgeted for, after being asked about the increase. Councilperson Bullington motion for approval, second by Councilperson Grable, which resulted in the following vote: Robinson Yes Glass Yes Bullington Yes Lyons ` Yes Rittenberry Yes Grable Yes Hood Yes Spence Yes Councilperson Lyons motion to adjourn, second by Councilperson Robinson, with all in favor. ATTEST: ________________________________ Mayor ______________________________ City Clerk