Village of Indian Point

Board of Trustees Minutes

Tuesday, August 12, 2008 – 7:10 p.m.

Convention Center – Dream Catcher Resort

Members Present: Arno Wehr III, Chair; Dave Rawson, Vice Chair; Kevin McKoy, Secretary/Treasurer Greg Fier, Larry Stenzel

Staff Present: Kathy Isaacs, Village Superintendent; Tom Motley, Village Attorney

Public comment session covered the following: 1) inquiries as to who was on the Financial Task Force; 2) Recommendation that the Trustees consider hiring additional help for the office; and 3) concerns as to the $10,000 allocated for the community water facility plan.

Chair Arno Wehr III called the Board of Trustees meeting to order at 7:08 p.m. with the Pledge of Allegiance.

Approval of Minutes

Dave Rawson moved to approve the July 8, 2008 minutes with the following correction: under comments from the Trustees Dave Rawson comment should be that a social club will be formed. Greg Fier seconded the motion, motion carried with Kevin McKoy abstaining as he was not present at the meeting.

LeRoy Stenzel – Request to Reduce speed limit Table Rock Circle

LeRoy Stenzel commented that the speed limit on Table Rock Circle varies and is requesting that the Trustees establish the speed limit for all residential roads in the Village 25 miles per hour. Matter was referred to the Police and Emergency Advisory Committee for review and recommendation at the September Trustee meeting.

Treasurer’s Report

July financials were filed for audit.

First Reading of Ordinances/Resolutions

Resolution 08-3 for the Appointment of a Representative to the Southwest Missouri Solid Waste Management District Council

Kevin McKoy read the resolution in its entirety and moved to adopt Resolution 08-3 for the appointment of a representative to the Southwest Missouri Solid Waste Management District Council. Larry Stenzel seconded the motion, motion carried 5 ayes, 0 nayes.

Bill Number 135, Ordinance 08-03, An Ordinance to Approve the Recommendation from the Planning and Zoning Commission P&Z 7-08 for the Final Plat for Stillwaters Northshore Condominium, Buildings I, J, K and L submitted by North Shore Development, LLC

Chair Arno Wehr III read the ordinance in its entirety.

Kevin McKoy moved that Bill Number 135, Ordinance 08-03, An Ordinance to Approve the Recommendation from the Planning and Zoning Commission P&Z 7-08 for the Final Plat for Stillwaters Northshore Condominium, Buildings I, J, K and L submitted by North Shore Development, LLC be approved first reading. Dave Rawson seconded the motion, roll call vote taken: Greg Fier, yea; Larry Stenzel, yea; Kevin McKoy, yea; Dave Rawson, yea; Arno Wehr III, yea. Bill approved first reading.

Committee Reports

Police & Emergency Management Advisory

Kevin McKoy read a letter from Handan and Mike Kugler regarding the excellent efficiency of the Police Department and a donation of $200.00 for police equipment. Brent Armstrong, Chief of Police, noted that golf carts and four wheelers on public roads are becoming a traffic issue and per the Missouri State Statutes, golf carts and four wheelers are not allowed on public roads. Further discussion ensued and this matter was referred to the committee for further research and recommendation to the Board of Trustees in September.

Planning & Zoning Commission

Greg Maycock reported that the final plat for Stillwaters Northshore was reviewed and approved for recommendation and the Commission also approved for recommendation a one year extension for the preliminary plat for VIP. He further noted that an initial sketch plan for a PDD C-2 for nightly rentals along Crows Nest Trail was reviewed for Lakeview Estates, Jana Hilt and recommendations were made to revise the sketch plan and submit back to the Commission for further review. He further stated that the Planning and Zoning Commission is recommending that Jim Adams be appointed to the Commission to fill the unexpired term through March 2010.

Dave Rawson moved that Jim Adams be appointed to the Planning and Zoning Commission to fill the unexpired term through March 2010. Larry Stenzel seconded the motion, motion carried 5 ayes, 0 nayes.

Board of Public Works

Bert Leman gave a brief history as to the Jakes Creek Trail project and the tanks for the residential property owners. He noted the number of good tanks and the number of 500 gallon external sump tanks that would be required for the project. Costs of the tanks to be installed for all property owners to receive a new 1500 gallon tank, at the contractors suggestion, would be $5400 for those that had a failed tank and $2500 for those that had a good tank but required a 500 gallon external sump. It was noted that this has meant with resistance from the property owners and the BPW is looking at financing the tanks. It was noted that the property owner is responsible for the tanks. The BPW is suggesting that the Village solve the dilemma by paying $55,100 for the cost of the tanks and this will reduce the costs to the property owner.

Dave Rawson suggested that the BPW renegotiate with the contractor and the BPW stated they are not allowed to do this as there is a signed contract. Kevin McKoy noted that the contractor stated he was willing to negotiate at the BPW meeting, but it was noted that a contract is already in place and cannot be negotiated, it would have to go out for rebid per legal advice.

Further discussion ensued regarding the tanks and communication issues with the BPW. It was noted that the following issues have to be determined by the Board of Trustees: 1) is the board willing to cover $55,000 for the project; 2) how to divide the costs if the Board opts not to cover the $55,000.

Chair Wehr III asked each Trustee their thoughts on paying the $55,000 out of capital for the project. Larry Stenzel stated no; Kevin McKoy stated no; Dave Rawson stated no; Arno Wehr III stated no; Greg Fier stated no.

Dave Rawson moved to direct the Board of Public Works to go equal across the board, a suggested amount of $3900.00, with monthly payments being held as low as possible. Larry Stenzel seconded the motion. Roll Call vote taken: Larry Stenzel, yea; Dave Rawson, yea; Greg Fier, yea; Arno Wehr III, yea; Kevin McKoy abstained due to a conflict of interest as he resides in the Jakes Creek Trail area and is a property owner that will have to pay the costs for the tank and installation.

Further discussion was held regarding conflict of interest among the BPW members and the Jakes Creek Trail project.

Roads

Mike Kugler reported for Bob Cary and submitted bids from Tri Lakes Sealing and Striping and Springfield Striping and Sealing for Indian Point Road. It was noted that Tri Lakes Sealing was $9,261.00 to seal the cracks on Indian Point Road from John the Diver Trail to Table Rock Circle and striping for the Corps of Engineers portion on Indian Point Road was $364.50 and $115.20 for the arrows, same location. Bid from Springfield striping and sealing was $15,628.00 and striping including arrows was $2,114.00. Discussion was held regarding the portion of Indian Point Road which is the Corps of Engineer’s responsibility and the village office will contact the Corps to find out if they will work with the Village to pay for the striping.

Larry Stenzel moved to vote by e-mail upon receiving information from the Corps of Engineers as to what they will pay for the striping. Dave Rawson seconded the motion, motion carried.

CAAD – No Report

Recycling

Betty Fier reported on theft of aluminum at the Treehouse Condos; 3.21 tons of paper has been collected; the need for more volunteers; and trash being dumped over the recycle fence and at the aluminum collection sites.

Transportation Coalition/Stone County Transportation

Jan Hoynacki reported that a meeting was held at the village office and discussion was held regarding the road through the Perme development over to 265 and the connection with the Peninsula Parkway. She further noted that the new portion of Indian Point Road will be opened at the end of the month.

Chamber of Commerce – No Report

Village Office Task Force

Boyd Hamilton reported that the task force is in the process of getting bids for dirt work at the site.

Financial Resource Task Force

Kevin McKoy moved that the Financial Task Force consist of a minimum of three (3) members and names to be submitted at the September meeting. Larry Stenzel seconded the motion, motion carried.

Old Business

Roads

Village Attorney Tom Motley reviewed information with the Trustees regarding the roads in the village and recommended the next step is to send an RFP for surveyors out.

Arno Wehr III moved to authorize the village office to prepare an RFP for surveyors and to go out for bid to start the process to remedy the road situation. Larry Stenzel seconded the motion, motion carried.

New Business

Larry Stenzel moved the Village go out for bid to purchase a PA system to be used at the meetings and that Bob Cary be allocated $50.00 for the use of his system. Kevin McKoy seconded the motion, motion carried.

Larry Stenzel submitted a copy of Merriam Woods ordinance to establish a Municipal Court in the Village for review by all Trustees and the Village Attorney and requested input at the September Trustee meeting.

Second Reading of Ordinance

Bill Number 135, Ordinance 08-03, An Ordinance to App[rove the Recommendation from the Planning and Zoning Commission P&Z 7-08 for the Final Plat for Stillwaters Northshore Condominium, Buildings I, J, K and L submitted by North Shore Development, LLC

Chair Wehr III read Bill Number 135, Ordinance 08-03 in its entirety.

Kevin McKoy moved to adopt Bill Number 135, Ordinance 08-03, An Ordinance to Approve the Recommendation from the Planning and Zoning Commission P&Z 7-08 for the Final Plat for Stillwaters Northshore Condominium, Buildings I, J, K and L submitted by North Shore Development, LLC. Dave Rawson seconded the motion, roll call vote taken: Greg Fier, yea; Larry Stenzel, yea; Kevin McKoy, yea; Dave Rawson, yea; Arno Wehr III, yea. Bill adopted.

Approval of Accounts Payable

Kevin McKoy moved to approve the accounts payable as submitted. Larry Stenzel seconded the motion, motion carried.

Comments from the Trustees

Larry Stenzel presented information regarding nightly rentals at 249 Heller Lane. It was noted that the Village Attorney has sent a letter to the property owner to cease all nightly rentals.

Larry Stenzel inquired as to the status of 274 Indian Lane and Village Attorney Tom Motley stated he has attempted to contact the Prosecuting Attorney of Stone County that is assigned village cases and has been unable to visit with him as they are playing telephone tag.

Comments from the Floor

Boyd Hamilton – Request to address the trustees were comments were related to the Board of Public Works

Kim Cook stated a road survey has been accomplished for Mayden Lane and would like for the village to approve chip and sealing the road. Discussion was held regarding this situation and Mr. Cook was informed that nothing will be accomplished until the Village goes through the legal procedures necessary.

Jim Daily noted that he will put up the curve sign that has been down on Table Rock Circle as he has found a post. The Trustees thanked him for volunteering his time to put up the signs.

Additional comments brought forth were: Brett Stump commented on the roads, municipal court, sewer and the road to 265 through the Perme Development; John Wade commented on the municipal court; Bill Turner commented on the Phlock at the Rock as to an event permit; tanks for the Jakes Creek Trail project; procedures for task force.

Kevin McKoy moved to temporarily adjourn the regular session to go into executive session per RSMO Section 610.021 (3) personnel. Larry Stenzel seconded the motion. Roll call vote taken: Kevin McKoy, yea; Larry Stenzel, yea; Greg Fier, yea; Dave Rawson, yea; Arno Wehr III, yea. Motion carried.

Chair Wehr III temporarily adjourned the regular session at 9:55 p.m.

Chair Wehr III called the regular session back to order at 10:40 p.m. and stated no action taken in the executive session.

Greg Fier moved to adjourn the meeting, Dave Rawson seconded the motion.

Meeting adjourned at 10:40 p.m.

Kathy Isaacs, Village Superintendent

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