City Council Meeting 03/12/07

The Council meeting of March 12th started out OK. Several businesses were approved for licenses in Overland, the Council approved the use of the Woodson Municipal parking lot for the 2007 Overland Business Association Spring Fest (May 4th and 5th), and a resident reminded us that the Overland Police Department was one of the few locally who did exceptionally well during an investigative report by KTVI News where people were sent in to ask for complaint forms. Councilman O'Connell referenced the March Newsweek article where the American Institute of Architects named the Alberici Headquarters in Overland as the #1 green project in the country. BRAVO Alberici!!

It was nice to see the Mayor cheering so enthusiastically considering how strongly she opposed Alberici when they originally came to Overland. Looks like Mayor Purzner is finally on board with them now.

The meeting was led by a public hearing about the 8801 Page development project. The Council voted to table the Ordinance associated with this project so they could properly review the material presented. We will be covering this project later this week as some questions were raised about it and we are investigating. I will present what our research turns up prior to the Council Workshop meeting scheduled to address this issue on Monday (March 19th, 6PM, at the Community Center). I'll present what our research turns up prior to the Council Workshop meeting scheduled to address this issue on Monday (March 19th, 6PM, at the Community Center). Video of the hearing is available in two parts: Part 1, Part 2 (part 2 includes concerns raised by Douglas Baum, CFO of the Ritenour School District).

Once again, the City's acting Public Works Director, Roland Lettner was not in attendance. Mayor Purzner claimed that he injured his knee, could not walk, and may need surgery. Though I hope Mr. Lettner is well soon, his frequent absences from Council meetings are a problem. Mr. Lettner was not present at the previous Council meeting (which was of little consequence as the meeting failed to take place due to a lack of a quorum), and has missed several meetings prior. I can understand that there are times when Mr. Lettner cannot make meetings due to illness, injury or even scheduling conflicts. What bothers me is that there is no one there from Public Works at all.

Mr. Lettner is not alone at Public Works, people work under him. When Mr. Lettner cannot make a meeting why is it that no one from Public Works appears in his place? Why doesn't our Streets Director stand in for him? How are the Council and our concerned residents supposed to get answers from an empty chair? Not being able to attend a meeting is understandable; not making provisions to ensure someone is there in your place in inexcusable. If the acting Public Works Director cannot ensure there is representation from his department at all Council meetings then perhaps he should stop acting.

Also at this meeting the bill for the $53000.00 new Dump Truck for Public Works was approved. I am not sure if the old one (with a stop sign for floor boards) will be taken out of service or kept in reserve. It's nice to see those hard working folks finally getting better equipment.

The Mayor announced the creation of an Emergency Management Committee. This Committee seems to have been named without input for the City's Emergency Manager, Chief Herron. Among the names I didn't hear was our City's Community Police Officer who is highly trained and qualified, or several residents who've expressed interest in getting a volunteer organization going. I also didn't hear any names I recognized from the C.E.R.T. (Community Emergency Response Team) class that Overland held several years ago (though I might have missed someone). I would like to know what Mayor Purzner based these appointments on? There are many residents in Overland with Emergency Management, Volunteer Fire, Construction, and Emergency Medical expertise. Are any of them on this new Committee?

At the beginning of the meeting several resident comments were missed when the Mayor decided to answer what one resident said, without stopping the 15 minute clock. Near the end of the Meeting, Mayor Puzner, Councilman Knode, Councilman Sellers, and Councilman Owensby all walked out (without a majority vote to adjourn). As a result, residents seeking redress from their government through resident comments once again could not be heard.

There was a heated exchange about lawsuits filed against the City. Councilman May made a motion that the City restore the promotions and raises that were improperly taken from four Police Officers in order to end the unnecessary expense of the the lawsuit the 4 officers had to file. Mayor Purzner claims these promotions cannot go into effect if the budget is not passed. However, per state statute the City is legally operating off of last year's budget. These positions are not new, they are vacated positions at the department that need to be filled. There are no new expenditures here, so there should be no reason these officers cannot receive the promotions and raises that go along with them as these jobs existed in previous budgets. For your review we covered this issue originally back in August 2006 both here and here.

The result of that exchange was the Mayor seeking to adjourn the meeting. Though there were not enough votes to do so, Mayor Purzner and Councilman Knode, Sellers, and Owensby once again walked out of the meeting. As a result this issue is still unresolved. The City has already had to pay $23,000.00 or so in legal fees and the case is far from over. Anyone looking at the facts of the case can see that the City will lose because the actions of the Mayor were not in keeping with Overland Policy, Employment Law or State Statute. The Mayor and her supporting Council members will not even discuss ways to mitigate the costs here. It's the residents who will be stuck with the bill.

Another problem with this walk out is that the Executive Session scheduled to follow the meeting never happened (rumored to be needed to address how the termination of a city employee was handled). The Mayor later claimed that there were no plans to hold an executive session after the Council Meeting. However, the Agenda for the March 12th, 2007 Council Meeting clearly shows one on the schedule as item #16.

Councilman Knode walked out rather than deal with these issues as well. On his website Councilman Knode says he believes in delivering:

• Increased Accountability to Tax Payers
• Tighter Fiscal Controls & Accountability
• Oversight of Expenses/Contracts
• More Honest & Transparent Government

Residents have asked Councilman Knode how $616,000.00 in his budget proposal will pay for 1.2 million or so in trash services? But he will not answer or provide any specifics (other than to belittle these concerns by suggesting we care what color the truck will be). Councilman Knode as Budget Committee Chairman went 6 months without a Budget Committee meeting even though we still do not have a budget. He has not called for a vote on the budget at Council meetings in months. Now, rather than discuss ways to reduce the cost of these lawsuits (and prevent others) for the taxpayers he walks out of the meeting. Councilman Knode may say he wants to deliver the above to Overland Residents but actions speak louder than words.

So far the legal expenses to the City have included:

• $23,000.00 in legal fees Paid so far for the promotion fiasco lawsuit
• $21,000.00 in legal fees and judgements due to the Sunshine Law suit
• $6000.00 or so in fees to investigators and others due to personnel issues

With at least one case still in court and several other lawsuits possible due to improper handling of personnel issues these expenses are only likely to increase.

One interesting funny moment was when Councilman Owensby questioned Chief Herron, stating that residents in his neighborhood have seen the chief's car in the area frequently. Councilman Owensby went on to ask the Chief if he needed his Cell number to get in touch with him. I'm not sure I've ever heard anyone complain about the Police doing too good of a job patrolling their area before.

Councilman Owensby, residents of my neighborhood (in Ward 1) have seen your "green machine" (car) on our block frequently, even parked in front of my house at least once. I am wondering Councilman Owensby, did you lose the phone number I left on your answering machine? Are you not aware that you can email me here? Councilman Owensby, you're welcome to come up and knock on the door, I'd welcome the opportunity to talk to you. Of course I am not suggesting that Councilman Owensby had any questionable motives for being in my area....that would be ridiculous paranoia.