ST. CHARLES COUNTY COUNCIL
REGULAR MEETING
Monday, July 30, 2012
7:00 p.m.
EXECUTIVE BUILDING
COUNCIL CHAMBERS
100 N. THIRD STREET, ST. CHARLES, MO
AGENDA

“Tentative” 

INVOCATION
PLEDGE OF ALLEGIANCE – Jerry Daugherty
ROLL CALL
PUBLIC COMMENTS
ORAL REPORT FROM COUNTY EXECUTIVE
CONSENT AGENDA
Approval of Journal of the previous meeting (7-09-12)
Approval of Bids
Finance – Banking Services – Commerce Bank
Approval of Nominations/Appointments      
Miscellaneous
Highway – Change Order #2-Asphalt Overlay/Dura Seal Paving Contractors, Inc./$576.19
Family Arena – Advertising and Suite Agreement – CBS Outdoor/$124,399.99 with trade offset of $9,999.99
IS Dept. – Engineering Services Contract for the Public Safety Communications and Disaster Recovery Data Center– Ross & Baruzzini, Inc./$486,170.00

ITEMS REMOVED FROM THE CONSENT AGENDA 

BILLS FINAL PASSAGE 

Bill No. 3869 – Appl. 15109/rezone from A to RR/2649 Jackson Road/Stephen & Marilyn Kuhn
Bill No. 3870 – Execute annual funding w/U.S. Dept. of Housing & Urban Dev. (HUD) to fund reimbursements for costs of
                    programs operated by the County/Urban County Consolidated Plan 2011-2013
Bill No. 3871 – Agmt. w/Mo. Hwy. & Transportation Commission for exchange of properties related to the Route 364 Extension
Bill No. 3872 – Memo. Of Understanding w/Mo. Dept. of Health & Senior Services for participation by Co. Health & Environment
                    Medical Reserve Corp. in the Show-Me Response Program
Bill No. 3873 – Amend Chapter 235 and enact new Chapters 236 & 239 relating to programs of Community Health & Environment
                    and authorize fees offered for those programs
Bill No. 3874 – Authorize Core Public Health Functions contract w/Mo. Dept. of Health & Senior Services for Services to residents and
                    receipt of funds across fiscal years 2012 through 2015
Bill No. 3875 – Intergovernmental agmt. w/City of St. Peters for collection of water service line repair fee 

TABLED BILLS

Bill No. 3827 – Placing proposed amendments to the charter relating to the forfeiture of County Council Seat and amending the
                    provisions for filling a vacancy on the County Council on the November 6, 2012 ballot (Tabled 1-30-12)
Bill No. 3865 – Placing the creation of the Ellerman Oaks Road NID on the 11/06/12 ballot (tabled 6/25/12) 

ANNOUNCEMENTS/MISCELLANEOUS 

Posted: 07-27-12/D. Vogt 

St. Charles County Council Journal
July 30, 2012 

The St. Charles County Council met in the Council Chambers, 100 North Third Street, St. Charles, Missouri, at 7:00 p.m. on Monday, July 30, 2012.   Dan Wagner with Church on the Rock provided the Invocation and Council Member Daugherty led in the Pledge of Allegiance.

The following roll call was taken by the Clerk:
Council Member Joe Cronin - present
Council Member Joe Brazil - present
Council Member Nancy Matheny - present
Council Member Paul Wynn - participating by phone
Council Member Terry Hollander - present
Council Member Jerry Daugherty - present
Council Member John White - absent

County Executive Staff present:
Steve Ehlmann, County Executive  
Don Boehmer, Director of Intergovernmental Affairs
Jennifer George, Director of Policy Development and Research
Joann Leykam, County Counselor           

IN THE MATTER OF                    
PUBLIC COMMENTS       

Council Chair Matheny welcomed public comments and announced that anyone who wanted to address the Council on any topic to please come forward with their comments. She requested comments be limited to three minutes per speaker with alternating pro and con positions on a particular topic and requested that anyone who addressed the Council please provide a speaker’s card to the Clerk. Matheny also requested cell phones or pagers are turned to vibrate. 

A.C. Dienoff, O’Fallon city resident, encouraged everyone to get out and vote on Proposition “R” on August 7, 2012. Proposition “R” is a road improvement program which benefits all roads in St. Charles County and the municipalities. Dienoff stated this is a great tax with fair and transparent organization. Dienoff stated this approval would not be a tax increase. 

A.C. Dienoff, O’Fallon city resident, stated at the last Council meeting the Director of Election Authority scolded the Council to stay away from changes to the building on Turner Boulevard. Dienoff explained the building is under-utilized and supported the Director of Finance regarding the contract for the building.

There being no further speakers, public comments closed at 7:09 p.m. 

IN THE MATTER OF                              
ORAL REPORT                  
FROM THE COUNTY EXECUTIVE       

County Executive Steve Ehlmann yielded his comments to Gil Copley the Director of Community Health and Environment to provide an overview of his department to the Council. Copley explained his department is compiled of three divisions and an Office of Emergency Preparedness which includes the following: 

Division of Public Health – Immunization, Women-Infants-Children Program (WIC), STD prevention and treatment, communicable disease & Epidemiology, vital records and health education 

Division of Environmental Health and Protection – Environmental public health protection, recycling, Solid Waste Code Enforcement, Vector (mosquito) control, environmental protection and environmental education and outreach 

Division of Humane Services – Operate Pet Adoption Center, enforce animal control ordinance, special programs and pet health, safety education and outreach 

Office of Emergency Preparedness – Coordinating response to regional and local health emergencies, partnerships with federal, state, local and private agencies, ongoing training and plan improvement and community education. 

The Dept. of Community Health & the Environment’s future Enhancement of the Adult Immunization program by adding travel vaccinations, introduction of the Re-use Mercantile shop, improving community outreach and pet-owner education program, growing emergency response partnerships and update to department website and increased social media presence. (The presentation is attached to the back of the minutes).

IN THE MATTER OF          
CONSENT AGENDA    

Council Chair Matheny called for consideration of the Consent Agenda. Council Member Cronin made a motion to remove the Facilities’ Engineering Services Contract, seconded by Council Member Brazil and unanimously approved including Councilman Wynn via telephone. Council Member Brazil made a motion to approve the Consent Agenda as modified, seconded by Council Member Hollander, with all members in favor and with Council Member Wynn voicing his aye vote by phone. The following items were approved:

Approval of Journal of the previous meeting (7-09-12)
Approval of Bids
Finance – Banking Services – Commerce Bank
Approval of Nominations/Appointments  
Miscellaneous
Highway – Change Order #2-Asphalt Overlay/Dura Seal Paving Contractors, Inc./$576.19
Family Arena – Advertising and Suite Agreement – CBS Outdoor/$124,399.99 with trade offset of $9,999.99 

IN THE MATTER OF ITEMS   
REMOVED FROM THE   
CONSENT AGENDA     

Miscellaneous
IS Dept. – Engineering Services Contract for the Public Safety Communications and Disaster Recovery Data Center– Ross & Baruzzini, Inc./$486,170.00

Council Member Cronin questioned the large amount for this Data Center and questioned if anyone reviewed building a separate building on land already owned by the County or purchasing a small amount of land and building a separate building. Jennifer George, Director of Policy Development and Research explained this contract is to help study the best location for the Data Center along with the construction costs for the best location. Discussion was held with Councilmen Cronin and Brazil and Dwayne Kinley, Director of Emergency Communications to better understand why the contract is necessary in place of building something new. It was explained the cost breakdown included location determination for the radio towers along with the state of the art communication availability to adhere to the Federal government’s mandate. Cronin explained the Council has not had a chance to review the documents as they had received it late in the day on Friday. County Executive Steve Ehlmann suggested the Council table the item for further discussion and review. Council Member Brazil made a motion to table the Ross and Baruzzini, Inc. contract, seconded by Council Member Hollander and approved the members of the council present. 

Council Chair Matheny stated one of the Council Members had to leave the meeting and requested the Tabled Bills be brought forward. Council Member Hollander made a motion to bring up Tabled Bills before Bills for Final Passage, seconded by Council Member Daugherty and unanimously approved including a voice aye from Councilman Wynn. 

IN THE MATTER OF   
TABLED BILLS       

Councilman Daugherty made a motion to remove Bill No. 3865 for discussion, seconded by Council Member Hollander and unanimously approved including an aye vote from Councilman Wynn. 

Tabled Bill No. 3865 – Sponsored by Joe Brazil – An Ordinance placing the creation of the Ellerman Oaks Road Neighborhood Improvement District on the November 6, 2012 ballot

Council Chair Matheny requested clarification from County Counselor Joann Leykam on the status of the current tabled bill. Leykam explained the Council amended the bill to remove the property at 1091 Ellerman Oaks Drive from the NID. The language was not available in the bill to amend at the June 11, 2012 meeting and it was currently before the Council to approve the amended language. 

Council Member Brazil stated he would not be supportive of this bill because he had agreed to not act on it until the first meeting in August due to the absence of Mr. Mohr, but understands why the Council wants to vote on this to allow the residents to move forward with the neighborhood improvement district. 

Council Member Cronin requested clarification from Charles Feldman, Development Review Division Director to explain the amount of road frontage Mr. Mohr has. Cronin stated it was mentioned previously the Mohr property had approximately 50 ft. of easement and in other correspondence it was stated there was approximately 600 ft. of easement. Feldman explained without actually measuring it was approximately 593 ft. of road frontage easement. 

Council Member Hollander explained he had originally supported the removal of the Mohr property, however after giving Mr. Mohr several opportunities to provide other options and not receiving any, he would not supporting setting precedence in removing this property.

Council Member Daugherty agreed it would set a bad precedence by excluding this property and this allows the neighborhood to vote one way or another. 

Council Chair Matheny wished Mr. Mohr could have been in attendance, however agrees all land owners should be included. 

Council Member Daugherty made a motion to amend Bill No. 3865 back to its original form which includes all 40 parcels, seconded by Council Member Hollander and approved by the following voice vote of Council Members Cronin, Matheny, Hollander and Daugherty – aye and Council Members Brazil, Wynn and White - nay. The motion carried. 

There being no further discussion, Council Chair Matheny requested the following roll call vote to approve the bill: Council Member – Cronin – yes, Council Member Brazil – no, Council Member Matheny – yes, Council Member Wynn – unable to vote, Council Member Hollander – yes, Council Member Daugherty – yes, Council Member White - no. Bill No. 3865 was approved. 

IN THE MATTER OF    
BILLS FOR FINAL PASSAGE        

Bill No. 3869 – Sponsored by Joe Brazil – An Ordinance amending the Zoning District Map of the County of St. Charles, Missouri, by rezoning land from A, Agricultural District to RR, Single-Family Residential District as per Application 15109 

There being no discussion, Council Chair Matheny requested the following roll call vote: Council Member Cronin – yes, Council Member Brazil – yes, Council Member Matheny – yes, Council Member Wynn – unable to vote, Council Member Hollander – yes, Council Member Daugherty – yes, Council Member White – yes. Bill No. 3869 was approved. 

Bill No. 3870 – Sponsored by Nancy Matheny – An Ordinance authorizing execution of annual funding approval/agreements with the U.S. Department of Housing and urban Development (“HUD”) for receipt of six hundred eighty six thousand, one hundred ninety-five dollars ($686,195) and six hundred twenty-seven thousand and ninety five dollars ($627,095) to fund reimbursements for costs of programs operated by St. Charles County beginning January 1, 2011 and January 1, 2012, respectively, under the St. Charles County Urban County Consolidated Plan 2011-2013 

Council Chair Matheny questioned Wayne Anthony, Director of Community Development what this will cost the county. Anthony explained these funds are being issued because St. Charles County is an Urban County and there is no cost for receipt of these funds.   Anthony stated this is an allocation approved by Congress on an annual basis. 

There being no further discussion, Council Chair Matheny requested the following roll call vote: Council Member Cronin – yes, Council Member Brazil – yes, Council Member Matheny – yes, Council Member Wynn – unable to vote, Council Member Hollander – yes, Council Member Daugherty – yes, Council Member White – yes. Bill No. 3870 was approved. 

Bill No. 3871 – Sponsored by Council as a Whole – An Ordinance authorizing an Intergovernmental Transfer Agreement between the County and the Missouri Highways and Transportation Commission for an exchange of properties related to the Route 364 Extension, said properties being a tract located near the youth Activity Park on Highway N, and a Highway Maintenance Shed site located on South Highway 94

There being no discussion, Council Chair Matheny requested the following roll call vote: Council Member Cronin – yes, Council Member Brazil – yes, Council Member Matheny – yes, Council Member Wynn – unable to vote, Council Member Hollander – yes, Council Member Daugherty – yes, Council Member White – yes. Bill No. 3871 was approved. 

Bill No. 3872 – Sponsored by Council as a Whole – An Ordinance authorizing the County Executive to execute a Memorandum of Understanding with the Missouri Department of health and Senior Services for participation by the St. Charles County Department of Health and the Environment Medical Reserve Corps in the Show-Me Response Program 

There being no discussion, Council Chair Matheny requested the following roll call vote: Council Member Cronin – yes, Council Member Brazil – yes, Council Member Matheny – yes, Council Member Wynn – unable to vote, Council Member Hollander – yes, Council Member Daugherty – yes, Council Member White – yes. Bill No. 3872 was approved. 

Bill No. 3873 – Sponsored by Nancy Matheny – An Ordinance amending Chapter 235 and enacting new Chapters 236 and 239, Ordinances of St. Charles County, Missouri, relating to programs of the Department of Community Health and the Environment and authorizing fees for services offered through those programs 

There being no discussion, Council Chair Matheny requested the following roll call vote: Council Member Cronin – yes, Council Member Brazil – yes, Council Member Matheny – yes, Council Member Wynn – unable to vote, Council Member Hollander – yes, Council Member Daugherty – yes, Council Member White – yes. Bill No. 3873 was approved. 

Bill No. 3874 – Sponsored by Nancy Matheny – An Ordinance authorizing the County Executive to execute the Core Public health Functions Contract with the Missouri Department of health and Senior Services for services to residents of St. Charles County and receipt of funds up to the amount of $104,796 across fiscal years 2012 through 2015 

There being no discussion, Council Chair Matheny requested the following roll call vote: Council Member Cronin – yes, Council Member Brazil – yes, Council Member Matheny – yes, Council Member Wynn – unable to vote, Council Member Hollander – yes, Council Member Daugherty – yes, Council Member White – yes. Bill No. 3874 was approved.

 Bill No. 3875 – Sponsored by Nancy Matheny – An Ordinance authorizing the County Executive to execute an Intergovernmental Agreement with the City of St. Peters for collection of water service line repair fee 

There being no discussion, Council Chair Matheny requested the following roll call vote: Council Member Cronin – yes, Council Member Brazil – yes, Council Member Matheny – yes, Council Member Wynn – unable to vote, Council Member Hollander – yes, Council Member Daugherty – yes, Council Member White – yes. Bill No. 3875 was approved. 

IN THE MATTER OF    
TABLED BILLS                  

There were no other bills removed from the table.

 IN THE MATTER OF      
ANNOUNCEMENTS &              
MISCELLANEOUS  

County Executive Steve Ehlmann requested the Council consider removing the Consent Agenda Item from the table and discussing it as they have additional information to provide to the Council and it is a time sensitive issue. 

Editor’s Note: Councilman Brazil left at 8:09 p.m.

Council Member Hollander made a motion to remove the IS Dept. Engineering Services Contract for the Public Safety Communications and Disaster Recovery Data Center with Ross & Baruzzini, Inc./$486,170.00 from the Items Removed from the Consent Agenda, seconded by Council Member Daugherty and approved by Council Members Cronin, Brazil (absent), Matheny, Wynn (by phone), Hollander, Daugherty and White. Discussion was held regarding the master site planning and the cost breakdown for the various phases of the contract. Dwayne Kinley, Director of Emergency Communications explained the RFQ was received in March, 2011 and after a committee of six reviewed the various proposals, three were chosen and interviewed. Kinley pointed out this firm has expertise in storage and handling and has the level of an Orchid 6 Standard which is necessary for the Federal mandate.

County Executive Steve Ehlmann pointed out several people have reviewed this contract and it is not for a typical building. Ehlmann noted it is a very high technology which is very unique. Councilman Daugherty questioned if the Council does not approve this would it become a delay in the project and miss the ultimate deadline. Kinley replied that is exactly what would happen. Council Member Cronin agreed to support this contract due to the amount of time and effort everyone has put into this, however, would have like to have more time to review.

There being no further discussion, Council Chair Matheny requested the following roll call vote: Council Member Cronin – yes, Council Member Brazil – absent, Council Member Matheny – yes, Council Member Wynn – unable to vote, Council Member Hollander – yes, Council Member Daugherty – yes, Council Member White – yes. The Consent Agenda item passed.

Also announced was County Executive Steve Ehlmann pointed out there were new pictures on the wall in the Chambers that were done by the artist George Caleb Bingham. 

County Executive Steve Ehlmann also announced the continuation of the ½ cent Transportation Tax will be before the voters on Tuesday, August 7^th and encouraged everyone to get out and vote. 

Council Chair Matheny stated the Council Work Session will be Monday, August 13^th at 5:00 p.m. and a tentative schedule of discussion is radio towers and locations, pay scale compression issues for county employees, telecommunications facilities as it relates to the UDO, Council goals for 2013 and $1 Roundup for the under privileged. 

There being no further comments, Council Member Hollander made a motion to adjourn, seconded by Council Member Daugherty. The meeting adjourned at approximately 8:17 p.m.                                                 

 Examined and Approved
 Nancy Matheny, County Council Chair
 St. Charles County, Missouri

/djv