Council - Regular Meeting

No orders. No religion. Yes, sir. flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. Parrott here. Crocker Here. Carmack Here. Granieri [clears throat]

Here. Stout Here. Agenda approval. So moved. Second. All those in favor? Aye. All those opposed? Citizen participation. Now, remember that you have 3 minutes and it will be timed tonight because [clears throat]

we have a full house and we're pretty sure everybody will want a time, so you have 3 minutes. The chief will be timing that. First person up? Do we have somebody on our list? Uh, yeah. Who Who Let me see. She has written down her name. Would you like to come up? Oh, that's me. I didn't I thought it was on the agenda, but uh all right. All right, my name is Jim Eagler. I'm with uh the Route 66 Rally Committee. As we all know, the rally at the Route 66 here in Cuba was held in May and March March, I'm sorry, March. It was very successful. Uh I've been in conversations with the founder of the rally. They have they dropped planning to allow the rally to come back to southern Crawford County. But they really would like to try and find some roads here in northern Crawford County because they really liked the turnout they had in Cuba. And

[clears throat]

uh but there's more people that lives on the roads here in Cuba. So, we we could use some volunteers to try to map some roads to go along with the committee that rally to uh get permission from every homeowner around the ground, cuz they can't close the roads down unless every person signs off on the rally. It's and uh but there you have a couple options here I'd like to throw out there that wouldn't require a uh there's no way to loop that, you know. Uh I think we could have a nice little uh circle stage after the input part. You know, make a little a loop around the track and then in inside of it and uh go out the back way. Uh we couldn't keep wouldn't park spectators there. We'd have the the the car show kind of in town, you But uh there is a a small rally in on July 11th. Now, there's another thing I don't know if if if people own the electrical right-of-ways or not. But if you start off on the Queen Anne Road, which is right there in front of Jim's Motors, and you go down like the preserve road and make that sharp turn, well there's a highline cut right through the woods there that people have been four-wheel driving on. And that would turn it up onto Maple Shade, which you make a left and then you're going through the person. And that would be like a 4-mile loop with the after But it would require uh

[clears throat]

permission from the highline and some maintenance on that uh highline route. You know, another idea was just kind of far-fetched, but I work, is uh in the industrial park park from across from the school. You know, you could make a loop through there, do a couple parallel up through the back to the gravel, come back around. And then you get a couple mile loop there. You wouldn't have to require any people. It's after they maybe get some businesses to agree to it. But uh we're really kind of run out of time for the for the July 4th race. Uh but like I said, I I really could use some volunteers to help uh help the rally get permission from land owners. I mean, I know a few people, but I don't know very many. Would you like to give give out your phone number, Jim, so if anybody here lives on a county road that they reach out to you? Yes. Uh if you know of any road that would be usable that not a whole lot of people, my phone number is 636 288 1803. My name's Jim Ealer, E A L E R. And I mean, I think we're ready with the rally, guys. There's a great uh demand for this on a Thursday evening. And I believe in a couple years we could really turn this into something. Are you guys looking to come back to us this coming March? Not yet, Jim. But what what we're going to do before we get the big rally, we've got to prove these roads on the little rally. The little one in July is only got about 10 or 12 cars. This is a small regional and this is one day. But to get the big rally here, to have it race on roads nearby,

well, we need to find some roads up on this side of town. We're also looking out on Christy Mine Road and that part of that neck of the woods, and that's a very uh uh sparsely populated area, also. Have you also talked to the county commissioners yet? I was there this morning. They're concerned about the timeline on July the 11th. Uh they really want the rally come back. And they're really glad that we were able to open up the short uh stages that we've been doing. And with the town jump crossing I got so glad. And this is the closest rally they've ever had. The top four positions were within 4.5 seconds of each other. And it wasn't until the last day that Travis was thrown out from third to first anyway. For any of you guys that haven't been to that rally, this is our first year hosting uh the March event here in Cuba. And we had a I mean, the turnout was unbelievable. Um I couldn't tell you how many people were there. We literally parked cars until late at night. Um and it went into I think we had four or five food trucks set up for that private event. And I think most of them sold out. If not, they didn't use the next day's food and had to start cooking again. So, we had a fantastic turnout for that. We look forward to having you back. And if anybody can support Jim and the 100-mile uh rally, please reach out to him. It's a good event. He's done that a lot. Anybody else got anything for you? Any questions? Doesn't have to be July 11th. This wouldn't have cut into the fair. Well, that could be. I don't know when the fair is. They they uh July 11th is the day they have it. And they're they're supposed to be at uh

Mammoth Mountain Theater on that day. And it's like a day they go and look at the roads around noon and they've got racing about 6:00 and it goes into the evening. It's just a one-day job. Thank you, Jen. Anybody else on the next? Oh, yeah. Thank you, Mr. Mayor, for allowing me to speak. For the record, my name is Dan Edson. I live at 505 Sugar Loaf Drive, here in Cuba. For 12 years, my wife and I have been just for missing paws for many organizations in and around Cuba. We have been vetted by many schools in the surrounding area. In fact, being asked to return year after year. We've never had to endure allegations of misconduct or inappropriateness around children, having well over 10,000 encounters over the years. It wasn't until certain people decided to cast shade and attempt to blemish my reputation that these allegations surfaced. In spite of never being accused, investigated, or having criminal evidence produced to support it, these vicious rumors still float today. I've watched many social media re-posts outright accusing me of being a pedophile. In fact, one mother going on to exclaim she, and I quote, "looks in disgust when she sees us attending the Shop with a Cop function here in Cuba." End quote. Just think about that for a second. Cuba PD, Steelville PD, and Owensville PD all feel safe with me being in contact with children.

I don't know how I could prove my innocence any better. I generally consider comments like this to be a product of political assassination attempts, for I haven't seen these until I started running for alderman. And it's no coincidence that allegations of this magnitude that are meant to be to be to do the most harm to a man's reputation were made. But honestly, the last place I thought I would have to endure these were from the city government. I'm aware of an executive session called by then Mayor Kevin Copeland. I was made aware by a person who was in attendance and left the discussion when he realized the subject matter of this executive session didn't fit the requirements of such a meeting. I was not negotiations for land. I was not an employee or volunteer of the city. And I was not in current litigation with Cuba. So, I'm not quite sure how the discussion how a discussion alleging inappropriateness of the city pool was going to play out. Nevertheless, advisors of local government entities have assured me that it was an illegal meeting not subject to the restrictions of executive session. I'm a benevolent man. I've donated my time and use of equipment to the city for in effort to make functions fun. As I've done this in the past, I wanted to extend that same courtesy to the current parks and rec board at their last meeting. They seemed to appreciate the gesture and even took my contact information for possible future events. As I was leaving this desk, Karen Broom said, and I quote, "Of course he wants to help with the pool around all the kids." End quote. I've had enough of it. We are now

seeing the point where the bear you have to poke has woke up. I will no longer stand for these accusations to be made without appropriate response. I require a written apology to be read in open session at the next city council meeting from each of the four city representatives I feel is culpable in this situation. Kevin Copeland, who called the executive session in the first place. Lady Barbara, who as a city clerk should have known what was appropriate subject matter to be discussed at an executive session, but said nothing. Karen Brewton, for being the person who actually said what she said at a sanctioned city meeting. And Corrine Rice, who heard No, good. Corrine Rice, who heard who heard what was said and felt it funny enough to express mirth. Only after I have received these apologies can we move forward without the city being involved in litigation. Once received, I will consider these actions by the city representatives as dealt with, understanding it should be a warning against any further allegations made without probable cause and proper investigation. Thank you. I look forward to the next city council meeting. Next. Good afternoon, everyone. Or good evening, I should say. I'm going to kind of just state forward Dan stated. The allegations stem from the

night of the the full meeting for the teen night. I was there first handed. I watched the whole thing transpire, and a very small segment of what happened had been relayed to be the truth it. What actually happened that evening is because things that go on that year are false allegations. Reports of pool staff not doing their job appropriately for Red Cross and state statutes and standards of lifeguarding um licensers is that they were on stand with a microphone dancing, having their phone, Apple iWatch, not watching the waters. And it was seen like multiple children So, what happened was they entered the official video that I'm going to send this to council for it to be documented this is happening because it had been reported numerous times to city hall and to the pool manager at the time. And that is it. Nothing more. People took that instance and that instance alone and turned it into something that never happened. Something that with any male sitting here would ruin their life in a small town or even a large town. This has been going on for half a year with these false allegations. To my understanding, he's never been under investigation. He's never also never received a call or a call

[clears throat]

from the city or from the people spreading the lies and gossip. You need to put yourself in these positions being men, having husbands or sons, nephews, fathers. What would you do if people, because they didn't like you, you were running for an office or just didn't like you in general, spread doubt and shame of the false allegation, false accusation? That would ruin you in this town. That is not something that can be tolerated and ever seen before. That is something that should never happen to anybody, whether you like them or not. And it also takes away from real victims that go through those situations. So, when they do report those kinds of of actions happening, they're they're That also falls into that category and they're not going to be believed. Because you're taking the the away from two different kinds of scenarios, real ones and false ones. At no time did Dan ever do that. Ever do that. I'm sitting right there. If he did, I would have took action against Dan. At no time did anybody stand up and say this is wrong except Jeff. You did, Jeff, and I did too. You publicly went out and said this was wrong and it never happened. We can't stand for this. It has to stop because this is continuously going on. It also happened from this bench at the last park and recreation meeting. Those things cannot be happening any longer. We cannot appoint people, elect people that lie about one another and do things that hurt other good citizens. Whether you like someone or not, it doesn't matter. Mayor, you're only going to be appointing people tonight to your park and recreation board. We need people who care, who are willing to step up and volunteer their time, and make a difference. Our board was abolished, and I know that we've had numerous conversations with several people here, and there's new people here as well, that we're going to request that the that our people who were abolished be reappointed back to the board. We had a good working board. We helped in the community. And at no time should citizens be able to hold other citizens hostage from giving their civic duty and

volunteering because they don't like other people. At any time, Dan and myself have never said, or anybody from my board that was abolished has ever said that we wouldn't work along with other people. I think it's about time that we all get along, and we start working together in the community. Thank you. Thank you, Mr. Dunn. You got it. That's all right. So, my name is Amy. Just wanted you guys all to know. Um so, I would suggest putting Dan and Sandy back on that parks board. I don't I don't know how many seats are up for that's available or But, just to be aware, the last part or the new park sport president there was some things that were said at the last or the original meeting that she would not serve on the board with Dan and Cindy. Could not give a reason why she would not serve on the board with Cindy. She sat there and she lied about it, said that she had not told anybody that she would do so. When she got finally called out on it, she finally admitted that she did say that. After the meeting, she approached me and said some very inappropriate things to me. And basically come at me for saying calling her out at meeting. You guys can't be straightforward with people and tell them one thing and mean the same thing. Why are we having them represent our parks and recreation? I just don't understand that. So, I would strongly suggest that you appoint Dan and Cindy back just because they do they speak out for our community. What about those? Approval of the regular meeting minutes

of April 21st, 2026. Motion. Second. All those in favor? Aye. Approval [clears throat] of that executive session meeting minutes of April 21st, 2026. Motion. Second. All those in favor? Aye. All those opposed? Bills to be paid. Motion to be paid. And a motion? Second. All those in favor? Aye. Discussion of the food trucks in the city limits. We're going to start this with uh Joyce. Okay. I called the restaurants in the Cuba and asked them how they felt. There were a few that said that they did think it took a little bit of money away from them, but none of them wanted to complain about food trucks. I did not call the fast food places, but I called these office Frisco's, I hop, home yet, Fletcher's famous burgers. Rudy's and Maya. I tried to call

[clears throat]

them all, but they said they would have their corporate call me back and they didn't. And I could never get a hold of Shell Shack on the phone. But they all said that everybody's trying to make a living and they didn't really [clears throat] have a problem. We ran an informal poll. As you know, I have a mayor page, so I ran an informal poll and we had where you can only answer yes or no and then made the thing if you did make a comment, it was only a suggestion as to how you would improve it or how you would change it. We had 526 yeses and seven nos. So, with that said, the only thing that I I feel like we need to address and it will be the use of the food trucks in the public. In other words, in any food park or any other parks, we need since that is a public park and it's not a private piece of property, we need some kind of guidelines concerning the use of any of the things. And we're going to jump on that pretty quick, too. Um I've reached out to both the committee members for the park. Also reached out to one of the park members. We've also reached out to several of the food truck vendors here. We've also reached out to the demo demolition derby people. So, we've got a group of people both the football the proper county youth football program and soccer programs and we're going to get together and kind of brainstorm the guidelines that would be beneficial to the city as well as all the people that normally use the park. Um and we'll try to get those out quick cuz we know we got events coming out this summer quick. We've got one this weekend. Is that a private event? Yes. Um that's a that's a private event. That's a controlled event, correct? Yes. Yeah. Um Do do you do How many food trucks do you have coming out there? There's four. There's six.

Have they all got business licenses in the city? Yes. Yes. Have they all got a certificate with your name on it for your event that says that they are insured for your event? Um not that I know of. Not that you know of. And since it's a since it's a private event for profit in the public park, it's just like somebody showing up at your house. They have to have a insurance certificate that's got your business on it. Based on my research with like Kansas City and St. Louis and West County, I'm sorry.

I do have them asking about insurance. But I didn't know about the other part. Well, go ahead. Um it's easy for us to get them. We just go to our insurance agency. I was about to say the same thing. Usually you just call your insurance company and say, "Hey, we're going to be doing this event." They give it to you. As long as you've got your insurance in place and everything, if the if the the council is okay with you guys doing it since you got your insurance, it'll have your name and your thing, you're covered. Where are you going to set up your your trucks at? On the grass behind the the ground behind the bleachers. Okay. Um

Because we put them on the concrete last year. No grass, right? Well, a little bit of It will be on the field, the grass. I'm sorry. It will be on the grass, but it'll be right behind the bleachers cuz we put them on the pavement last time. I Our problem is is I think we have an ordinance that says you cannot park on the grass in the parks. That's where they set the food trucks at in the pavement. Yeah, I know. I know. So, but if if the council is okay with that, we were since we're we're kind of changing things all because of an event, something that happened this past weekend. We just need to be safer in what we do and where we go and what and not everybody's aware of the circumstances, but we had a situation this weekend. We just don't want that to happen again. We need to control where these vehicles are going. The derby people, they rented the park. Okay. And in that agreement, they had to put it back the way they found it. These guys work tirelessly down there and they do that for us. So, I have no problem letting them do it that way because I know that Terry and his group will put it back the way they found When's your event? That's Saturday. Saturday. So, let's do this after if everybody's in agreement on the council because we're just up for discussion. We're not voting on anything. After your event, we will start working on the guidelines. I've already talked everybody about these guys that are on committee or not and we will start from that day forward until we get guidelines in place. You can't have food trucks in a public park because we don't have it we don't have everything set up like we should have it. Uh last year last night it was muddy. We parked the trucks on the path. The people stood in water and mud to get something. I mean, we didn't park in grass. Same way in October. We parked on the path. Everybody was good to go. Today it was dry that day of course, but

if there is an issue um we've already bought seed fertilizer [clears throat]

to take care of that. If we have to put dirt back down, that's fine too. We might do that, but yeah, like Jeff said, it'll be the way we found it when we leave there Sunday afternoon. Unless the weather is inclement or we can't do it, then we'll come back later and fix it. Jerry, you've never had an issue with with Terry leaving it No. What side are the food trucks on? They're on both sides of the track on the back side. Oh, so they're going to be on the other food side. They're going to be west of both east East and west. So, will this affect then soccer and football and everyone who parks in the like cuz there's apparently always parking in the grass. Well, that's the thing. We just got to look at the public parking in grass. We've done that all along. I'm talking about the people that are coming with these heavy pieces of equipment like your food trucks, your RVs and all that kind of stuff because I'm sorry.

[snorts]

You guys are all on the wrong side. Um so, we're just we're just trying to control the process as far as damage to our facilities and stuff like that. But really, we're just putting together the guidelines to cover the fact that we have food trucks in the public in the public park. Right now, there's no problem with that being in on private property on private [clears throat] property. But if we're going to do it for in the public parks, then we need to have some guidelines just like every other city does. So, do we need a motion to allow this weekend? We're We're just up for discussion. So, as long as everybody does not have a problem here, I think we'll just leave it like it is. Yeah, you should already be doing it this weekend because we had already agreed to your event. Okay, thank you. Emily, is that okay? Yep. Okay, thank you, Emily. Any questions for anybody? Okay. I'm going to go with you. Last year, they did a good job of not parking on the grass. Other than maybe half of one field for the cars. Right. So, they kept 95% of people off the grass, which is very well very much appreciated. And I'd like to see that again. Thank you for having your vendor up there. Okay, that's addressed. We will um we're going to the next Um Did that answer Was that acceptable to the business owner at the bakery if you're here? I'm here. Okay. But you didn't You didn't properly address the food trucks. So when I presented a couple weeks ago, I was not specifically attacking food trucks and that is all. Then that's been all the difference that I have with food trucks. I asked you, does that mean you do not want food trucks in the city? And you said yes. Okay. So when I handed you that

ordinance, it specifically said absence any events, meaning that any events the city sanctions and I even pointed that out that that was the caveat. I had no problem with rallies. Those things are perfect because they bring people into the city. And my my point and I began with it, which was completely lost over and left out not only through the public information, but it was left out in the newspapers, was that we don't have a restaurant eatery problem. We have a number of problems. We don't have the people in this town to support the level of eateries that we have. And you add food trucks in the middle of the week and we're all struggling already and it adds to that problem. Well, see I think we did address that. I'm not disputing what you're saying. That's what you felt, but we went and talked to Joyce did. I stayed out of it to be neutral. That's why we have committees and we have volunteers. And she went to three, six, she went to eight restaurants and reached out to other ones. That's not including the fast food because most corporates could care less. They're going to do their model business no matter what.

understand that. Okay, and all of them said that it's not the case. So

what they said. What What Joyce said was that they didn't want to complain to them about the food trucks. They said they didn't believe it was a big enough problem to Right. complain to. They're not allowed in the neighborhood. Okay, so you don't have to take my word for it, but I did get a phone call from one of them. I'm not going to say who right afterwards who said, "This is what I said to them because he already knew that nothing was going to get done about it." You asked me also to find out what other cities had done, and I did that research and then lined it up today. Right? You have the time right now. I gave you citizen participation time as well. Okay. You We're still open.

besides No, period. Yeah, we're we're still open. You have You still have the floor. Besides the city of Rolling Hills having an ordinance that says exactly that, that they can then sue to find Can you come up, somebody? the city sanctioned event. Sure. The city of Pacific also recently, as soon as early as 2025, did They did a restriction. They didn't They didn't say no food trucks, but they have greatly restricted the parameters around them, and that's basically all the other information

[clears throat]

I found was they haven't If they didn't do what Rolling Hills did, they did a a bigger restriction on what was allowed in their city. I'm not asking for you to eliminate food trucks. I only want I would I ask you to eliminate those. I'm asking for some parameters around the problem that we have, which is we don't have the people in this town to support the number of eateries that we have. Let me make a comment. Looking not I don't want to sound like I'm sticking up for food trucks or anything, but I always look at where's a loophole? Where can I get around this, whatever problem might be. And I work in Oakhurst, okay? And no, there's no food trucks there, you're right. And I got to look at that and I thought to myself, my property borders the city limits. On the other side is the county. Set up food trucks right there. They're not in the city limits. So, you could actually establish food trucks all the way around the city outside the city limits and it would be back to square one again because they're there and we can't, as a city, we can't regulate them because they're just outside the city limits. So, that's that's what I'm saying. If we did pass it, what's stopping them from just moving and getting permission from a property owner just outside the city limits? So, again, I'm not saying eliminate it all together. I'm saying find some reasonable parameters that doesn't destroy your established business. What do you suggest? Mileage and feet restrictions. Like several of these cities, even even the city of Columbia has a 300 ft restriction. Food trucks cannot operate within 300 ft of an established restaurant. Others have gone to 100 ft restrictions. Is there a food truck in operation within 300 ft of your restaurant? Not right now. Has there ever been a food truck there?

There was one that called me up and asked me to set up on my parking lot, yeah. That gave me a little bit of concern. Well, I've always been kind of under the rule that if there's private property, a person must they hinge on somebody else's ability to sell their property or do whatever? If they allow somebody to set up on their private property, I don't see a problem with that. Now, if you had the option to allow a food truck to set up on your property, but you opted not to, other people do and they they allow them set up. You wouldn't want us to restrict your private property, right? I guess if I'm thinking of the city as a whole, I would have to consider am I hurting them, which by the way, it was also brought up in several comments that I own a food truck and I I must be a hypocrite because I've taken my food truck out. Actually, I stopped doing that after a year and a half. I realized what I was doing. And I don't want it done to me, which is why I don't do it to other cities now. Outside of an event, I do not go set up. Events, great. They bring people in. We have bodies present. They're there for that reason. It helps everybody when those events are happening. But on a day-to-day basis, it does not help. It hurts us. That's my only point. That's all I'm trying to say. Is we got a problem. It's a numbers problem. I'm not attacking anyone's business. I'm saying we've got to figure out a parameter that's reasonable for everybody to be able to operate. I I just feel like we've done our research and overwhelmingly the people want the food trucks in the town. Yeah, but you didn't you presented it as

though they were going out permanently forever and that never to be seen again. And that I don't think that was a proper representation. I think if you had said with events in there, they would have understood that it was an event allowable situation.

as they are on private property, we have Hello, how are you doing? It is considered government overreach for us to do that to control the businesses in this town, period. It's I'm going to talk about No, it it is it is very heavy-handed government overreach for us and we can't control the market. Now, we can try and do things as a town to try and bring people in and bring in tourism and to try and hold events like you said, but we have no business in trying to control the businesses that are in this as long as they pay for a business license and they pay their taxes and they are on private property, we have no just cause, period. So, if somebody's rabid dog is running around on their private property,

That's a whole That causes That causes physical harm. Okay. Well, he's saying that he doesn't have You guys don't have the authority to run a city. I mean, you have the authority to run it. We have the authority to allow people to conduct business in the city and they apply for the processes that we have in place, which is you apply for a business license to conduct your business and then we allow them if they work a deal out with another [clears throat] private person as long as they We don't have We like I just said, we really don't need If we If we change things to appease everybody that wants their business in a different way or whatever, that's basically how you have to look at it. Tomorrow we could affect your business. You could. And and we don't want to start doing it. You set a You set a precedence when you do things and we don't want to do that. Just like you said, knowing to They set a precedence and they did that to stop the the food trucks based on what you just said from operating inside the city, they literally can cross the line and do the same thing, and you change nothing. You just created a government, like you said, overreach, and it really accomplished nothing. Okay. I mean, it You guys asked me to bring this information to you. I brought it to you. There are other things that you could put in place. You don't want to do that, that's up to you. Well, I asked you for a suggestion, and then I I I said, "Has anybody set up within 300 ft of your restaurant?" They're They're obviously not affecting your business. They will eventually. Who's to say that the What? So, then if we enact the 300 ft, it's not going to matter. Is that what you're You just You just said for us to consider a 300 ft. If I If I set a parameter where or we set a parameter where a food truck's not within 300 ft of you, what what did that solve? Set up 301 ft.

They usually set up at Maces, the Hawker Oil, Gas Plus parking lot. Where else? You got the hibachi that was previously there. Yeah, that's that's an established route. [cough]

I One way he sets up inside the industrial park a couple days a week. Yeah. And no restaurants close. Okay. I gave I gave the example of I had a business, an RV repair business. Yeah. And I stayed pretty busy, but I was nowhere near as busy as the businesses that had mobiles that were going into Bass River and to Montauk and all those places, cuz they'd drive in and be there for 8 hours with people can you do this for me, do this for me. I got smart. I went and got me a a truck and I built me a mobile business and and did extremely well. I joined the crowd instead of going against it. Did it hurt my in in the shop business? No, because I presented it totally different. And I'm not saying that you have to reenact your mobile business, but it might be a suggestion that hey, if you can get set up in another parking lot and and put another person in the truck and you run the business, it might work. I don't know. But but So, we did both locations. But that that's what I did. I mean I but I don't think regulating I I get it the brick-and-mortar stores they're just as valuable, but so are the people who pay the taxes out of the the small units as well.

Everybody's valuable. I'm not saying they aren't. I have again no problem with food trucks. That's not the Well, when I'm the type of person that if you and this whole council probably will be that if you come and you say I've got a problem, we will take your suggestion on fixing it. The only suggestion I've heard so far is establish a 300-ft perimeter. I don't think that solves anything. Personally, I don't know what everybody else thinks. But I don't think that would be the same thing. I think it's going to be the same scenario. anything else If you set up the other Do you have anything any other recommendations? No, you guys had just asked if any other cities had had done anything like this and those were the ones that

[clears throat]

had come up on others that they had restrictions or city ones or city specific specifically did all three restrictions. I got a feeling that But it sounds like you guys made your minds up, so I got a feeling that when McBride gets his home built out here, the people are moving out here will be moving out here to get away from that type of government. I doubt they will. They probably will. Well, we hope they do because it will bring people to this area. I absolutely hope that McBride Homes booms. I hope that we have so many bodies in the city we don't know what to do with it. We're just not there and we won't be there for probably another 5 years if we're lucky that McBride Homes sells out. So. I'm sorry we didn't I guess we'll have to figure out what to do until then, I guess. Um social participation is over. Mr. Mayor, the lady when she began speaking mentioned an ordinance in Owensville that I didn't hear what that ordinance was. May she tell us, please? Sure. It was presented at the last meeting. Um I don't Do you guys still have copies cuz I don't? Yeah, I got a copy at home but I don't have it with me. I have mine on the truck. Jackie should have one to give to And you can go to the city of Owensville website and download them. Okay. The main ordinance is page Thank you. You're welcome. Thanks, guys. Thank you. Mr. Mayor,

[clears throat]

can I have 3 seconds of your time? I promise to be quick. I just I just wanted um We're past citizen participation now. It it This is in in relation to what she was saying. It with food trucks. Um there's a house bill in Missouri right now that's going to supersede a lot of the things that Owensville has in place. I don't know the specific number. I read it in its entirety. There is a paragraph that says the cities don't have the right to eliminate food trucks. If that passes and anything is done beforehand, it may create a conundrum that you'll have to readdress at some point. That's all I wanted Is that a a bill or a senate bill? It's a house bill. House bill. Thank you. Okay, moving on. Discussion and approval of the park tax on August 4th, 2026 ballot. Um we have there was a bill 1791 special ordinance number 667 that was put in place. It expires uh let's see. It was a 10-year started in 2000 2017 and will expire in 2027. We have to get this on the ballot. It actually should have been put on the ballot in April and was not. Um so I found out when I came on board that we had till what is it? May what? 23rd? 26th? We have till May 26th to get the ordinance uh approved, get it through legal, and get it to into rein- to renew this park tax by um to get it to the county by May 26th. Otherwise, it will not be able to hit the ballot on the August ballot. It doesn't The August ballot, then it

has to go to November ballot. Goes to November ballot, we will be without the park tax for a year. Um so if it doesn't pass in August, if we decide to put it on, then we have to wait a year cuz this is the one tax that does have a year um turnaround. But if it goes on the November ballot and it passes, then it takes 6 months from that time for us to start collecting the tax, so we would be we would be without for a little while. Um you need to do the that math calendar math in my head, but um but we would be without for a little while. So um I am not up asking to change your orders at all because we've been used to living with a 1/4% um put on the sales tax. We've lived with it for 10 years. The best thing about it is everybody that's traveling the highway and buying something in town is paying taxes is helping us maintain our parks, provide our equipment, keep things where we can have events like we've had this year and what we're about to have this weekend. The great thing is everybody's helping us pay for that that buys [snorts] something in the city of Cuba. If we lose this park tax, we still have to provide those same services, but guess what? The 3,182 people that are in this town will be putting that bill by themselves. We no longer will have the help of anybody else through that 1/4% uh 1/4% tax that we put on the sales tax. So, I'm hoping that this passes our ballot and gets on the ballot and passes in August. If not, it's going to affect what we're going to be able to do to us to maintain our park and provide the services that we do for our parks. Mr. Phelan. Mr. Phelan, can you move over and have this chair? Thanks. You don't want it?

You're You look like your legs are hurting. I'm good. Okay. I'll bring it out for you. Thank you. You're welcome. Thank you for driving. So, I I will put a proposition today to put it back on. I do not want to try to do the no sunshine. I just want to propose it just like it was in hopes that in 10 years our city is in a lot better financial situation and we may not have to renew it again in 10 years. We're going to try to be better stewards with our money, but the most part is we need this money to be approved. We've learned to live with it for the last 10 years and I would like to see it continue. Any discussion? I'll make a motion. I'll second it. Seconded. Any discussion on that? Uh the only discussion I have is just to kind of make things simple for the people who may be watching on TV that this is not an increase of tax. This is just extending the tenure that has expired and we're asking for another 10 years. So, it's not an increase of taxes. It's just continuing what is already there. Very well said. Thank you. Okay. So, I'm asking for renewal of the motion and second. Uh roll call. That's all. Yes. Reverend? Yes. Councilman Young? Yes. Renary? Yes. Reverend? Yes. That's all. Yes. Motion passes. You will get to work to try to get this in the town's hand by the 26th of May. Next is the hiring of the public works supervisor. We had one and that has to be filled with him. We had one application that is Michael Montgomery. You should all have a copy of his application and resume in front of you. Mike's got a bevy of experience within our public works system. He's

been in I think three work centers now. So, one four four work centers. Uh I think he'll be a good fit for it, but the still will be yours. Motion. Motion. Second. Second. Uh up for discussion. Roll call. That's all. Yes. Reverend? Yes. Renary? Yes. Councilman Young? Yes. Reverend? Yes. That's all. Yes. Thank you, guys. Thank you. Thank you. [clears throat]

Okay. Next, electric department, hiring of a journeyman apprentice position, that has been tabled pending interviews. We have to have a motion to table it. No, we're not. Table is automatic. Next one is natural gas department hiring of a natural gas laborer or technician. Um we had one specific for natural gas and then we had another one late that came in after the call. That person is willing to that he's also interested in the water works. Um actually we moved that to the water works since he didn't meet the timeline. And we had one person come up and his name is Tony Hudson. Um I'll make a motion that we that we hire him. We have a second? Yes. I'm sorry, I didn't hear what you said. I made a motion to hire. Oh, okay. We have a second from us? Any roll call? Mhm. Uh any discussion? Herschel? Yes. Crocker? Yes. Money match? Yes. Renaria? Yes. Peterson? Yes. Cuts? Yes. Animal control police committee. Hiring of the animal care attendant. Who's our committee members on that? Uh Yeah, sorry I didn't realize on that part of it. Um animal care attendant um under an emergency hires, you know, we've got uh like 10 cats and a couple dogs over there and we have one animal care animal care attendant working. Uh we did pull a name from previous applications and I'd like to present uh her name Aniston Hyde. She goes by Anna, A N A. Um who can start working tomorrow to help take care of these animals in a

part-time basis. Move from the heart. Second. Discussion? This is just a part-time position. How much is that an hourly? It'd be I think it's $15 $15 Okay. H Y H Y A T T H Y A T T

H Y A T T H I A T T Move to follow on that. Dass Yes. Person Yes. Renary Yes. Moyer Meyer Yes. Kraker Yes. Kertzal Yes. Discuss Um so with the with the hiring of the ACA, um our the hours over the uh shelter are still closed by appointment only. So, that's just and that's just to take care of it when we have this one going. I don't think that uh it it almost could under emergency hire, but we don't have anybody to present, but I'd like to get the ad out for an animal control a part-time position for animal control.

How many hours? Uh so, it's 30 hours? 30 30 hours part-time 30 hours a week 30 hours a Motion. What is But then but then this is just putting that out in the paper to get applications for for the How much an hour? It's starting at $15 $15 I make a motion to do that. Advertise. Is Is there going to be a deadline on the application and on this position? You don't have to rush. I'm sorry. We got a first and second. Any discussion? Discussion. Uh so, this is is going to be until it's filled or will there be a time It can be It can be the the ad in paper run for 2 weeks, but until it's filled, we'll take the applications. But usually with animal control, we usually get quite a few applicants for the position. So, I have a question for the acting secretary of state. We'll call on No, we'll just do all those in favor. Aye. Anyone opposed? Hired as police officer. Okay. So, anyways. We have a position for for our police department uh that uh we haven't put an ad out. As you know, we don't have the applications come in that we wish we had. But we do have one applicant that I'd like to present the uh to the council, and I'd like for them to um I'd like for the council to go ahead and make a commitment to hire uh on her graduation from the Pelhams County Police Academy. So, it'd be a

brand new officer that would also uh be able to start um almost immediately after her graduation of July 24th. What's her name? Uh her name is You know, I have it right here. I always forget. Madison. Madison Courtright. Court and R I T, R I G H T. Courtright. And now I know that there are issues with wanting to save money with the city and stuff like that. I've already working with animal control. We've already worked on that budget a little bit because they do work in the police department. This position is already budgeted. It is a position we need to fill. Um we already moved officers around to make sure that we have coverage. There's no uniformity to my captain or my lieutenant um who work around these hours trying to make sure that we have ample coverage. And when I say ample coverage, I don't mean just one person on. I mean two people on. Officer safety things, there's some stuff you can You can look through. Uh um It's a It's an older one from 2000 Cover cover I just put it down. Didn't realize it. That's No, wait. I got you. I saved money by not printing in color. It is black and white. I hope you But uh anyways, these are things just for you to look at as far as, you know, when we have uh coverage with one person and that and that officer that officer is on by himself and takes them to jail, that leaves the city uncovered. Who steps up in the middle of the night? My captain does. My lieutenant does. So, they're working nights, too, as well as working days. They move their shifts all around um to make sure that when these guys are

tied up when there's only one person working, they're working. Now, my captain and lieutenant, myself, not included cuz, you know, I work Monday through Friday in the daytime. Um they they want uniformity too in their jobs. They want to be able to know when they can take off for vacation, when they need to do things. The work that they do in the office, I can't even give them enough credit for the amount of work that my captain and lieutenant do. Um there's a lot of times with a lot of the uh things that that dealing with these criminals. We have to take them for a fifth nowadays before we can take them to jail. Now we're talking 3 or 4 hours with an an officer tied up. So, filling the position is is much needed. Um not only just because we're tied up and doing those things for the citizens, it's officer safety. Officer safety is huge. You can see in here the number of people that are are the number of officers that get assaulted, you know, when they're working by themselves. Uh you know, killed in line of actions, and I don't want our city to be a statistic for anybody to put down on paper that that's what happened in in in Cuba. I know that revenue's down. We can't help the police department can't help the revenue. Um the crime doesn't go down because the revenue goes down. In fact, I think it might actually go up. If you think about it, you're we're building another subdivision that's going to add 500 homes, and we can't we eliminate a position, and now my officers are working at even harder to to to patrol out there as well. These These are things that that we have to have. We're not the highest paid police department around, and it's going to be so easy

that if we don't fill these positions this position, and we have these officers that are like tired of working no uniform due to their schedule, it's going to be so easy to go to another police department and and work where they have their secondary workers. You know, backups right there. We can't wait for county to to back them up 30 minutes later. If you've ever got into a fight with somebody, and it's a knock-down-drag-out fight, 1 minute feels like a half an hour. Can you imagine waiting there an hour? No. And there's times when that my officers are working by themselves and there's nobody else working and a crime another crime is committed, are we doing our citizens justice by not being able to respond or waiting for No, well, the county will can take care of it. We'll call them. Should they wait 30, 40 minutes for county? And I'm not saying the county is going to be at that slow. We don't know where they're at. We don't We can't base what we do off what county does. Same with any of my other officers that are at the SROs that work at the school. Uh when there's another SRO at the school, you know, I don't care that there's another county. I have my SROs there. I ran in the election with putting a second SRO at the school and I won that uh that campaign with that and I did just that. I did what I promised the citizens I would do. That's why there's two of them up there. So, um Any questions so far? Anybody have any questions in reference to In formal I I would ask for informal discussions so we might do a first and second. So, do we have to do that? I think so. Informal discussions. Informal discussions. So, you can talk as long as you want. Thank you. Well, we had an idea. What? The SRO? Yeah. Um I have received some information. The SRO both positions are being paid by the city, correct?

Correct. That was That was changed about four or five years ago when they switched over um I forgot the exact reason why. The school was uh Cuz one of them used to be. And it's something that can always be reached out to see if they're willing to still do that. Uh there I know there was a change in their superintendents. So, that's when things changed and we went to and the board decided to keep them up there regardless of what the superintendent and the school decide to do. I'm not 100% sure on So, there's a total of three at the school, correct? One county, two city? Two city. I'm not even worried about the county. Well, I'm just saying the school has one in each section. Do you know or not? That's all I'm asking.

Yes, in each building and each different building. Each building. Right. Okay. Well, of those, two of them are city PD. Correct. Do you think that they might pay one of those again? That That's a discussion I have to talk to the school. I can't I can't speak on their behalf and say what they are. It would be a discussion for the school board. That That would be for me to do to present to the superintendent or the assistant superintendent um this summer. I mean, I don't know when their budget year is and that's a discussion they would have to have with the board. So, they did that before? Did they They have done that before, yes. [snorts]

Because I don't think we should short the police officers in town for the safety of the people and if we could get that one paid for We We can work on that, but here's the thing with the school. Um during Tuesday through Friday, that's the school holds the largest population of the city. Yeah. Why would we take them off from that? We don't want to. Yeah, we We don't want to do that at all. If we turn that into a statistic at the school and we don't want that. We already know and you guys have already heard of school shootings and stuff like that. Um officers are trained for that and they're there and they're ready. Yeah, I I don't want I don't want I want three officers in the school. Two of them being marshals like the better. Only thing is is you're we're in a budget crunch right now and the city if the school district can look at paying for one of them some way or somehow or whatever. Yeah, that is an option. Right. That's something that I can discuss with him, but that has cannot be a a factor in tonight's decision. Absolutely not. Not tonight's decision. Anyone else? Gentlemen? Um yeah, I gave you all a sheet over the police wages number of the year. I don't think the numbers I think the numbers speak for themselves. So, um Well, I have Well, I can tell you about one of the

Can I Can I Can I finish? I'll let you speak. I'm sorry. Um Go ahead. In 2023, the wages were $773,724. In 2024, the wages ended at $834,887. In 2025, the wages were $937,950. dollars. And currently, this year and um that ended in April 30th, we're at $753,766. And that is slightly lower than it was this that time last year. Um So, when we think about this, starting in FY23 with an increase of an increasing salaries, what I can assume is full staffing, we ended our fiscal year with those salaries. We budgeted in FY24 um substantially with a full staff to that with a $1.50 across-the-board increase for each employee. In FY25, each police officer received a $6,000 a year per officer increase, bringing that annual increase to that 937 a year. The finance office fought against that raise and felt that that was something that could be could not be sustainable to the city of Cuba. For FY26, all current employees received 55 cents per hour, and newly hired employees only received a quarter. With recent staff decreases, currently we're seeing a budget decline from this this time last year. This shows me the attrition of employees can and needs to be done. Our budgets cannot handle the current wage load of the police department. So, what I'm asking is there's more questions that need to be answered currently and could be answered in committee before we just make a vote on a police officer. There are more questions to this picture. Attrition is something that needs to be done not just in the police department

but in all departments. We are at a time where we can no longer continue at the wage load that we are facing. I have worked on your FY27 budget and I don't know where we're going to come up with the numbers. This picture does not lie right here. This is not the only department that is facing this. You have seen the steady increase of wages when you see departments that has not had employees replaced for several months, you see the decline. It works. It needs to be done and we need to work on how we're going to get to that point and what is the minimum load we can take. So, you you we obviously see that there's we're still hiring and this position is still budgeted. Had that officer not left, he'd still be here and he'd still be operating, still moving forward. We we we can't fault the police department or at the officers just for getting paid raises that every employee got. These aren't These aren't pay raises just the police department got. The $6,000 raise was an increase to our starting salary. That was with the elimination of one position. We eliminated a full-time position. I had 15 at that time. That eliminated it completely eliminated that position to get that $6,000 raise to raise our starting salary up to keep our officers. Not just Not just only bring in applica- applicants to fill position, but to keep the officers from like, "Man, I'm going to go somewhere else if we don't get this raise." Can I give a suggestion so that we don't have to say yes or no tonight? I think we need to say yes or no or we're going to lose When does she graduate the school? She She graduates July 24th. But, here's the thing, if we don't and she looks

somewhere else, now we're we're going to be back at square one with with zero. You want to hear me out first before we Oh, yeah, absolutely. I'm not

Just in case it doesn't go yay and goes nay, and then you're done, I I My suggestion would be this. Uh and it's only a suggestion cuz I don't get a vote. Go to the school, see whether or not they're willing to pay for the CRO. You've got the summer coming up and your uh your resource officer is going to come back in the fall through the summer, correct? One of them works One of them stays for summer school, one of them comes out on the road. Okay, so that solves our immediate problem of of the body. Let me finish. So, it solves our immediate problem for the body. At the same time, we I had a conversation with our auditor today, and he said we need to have an immediate talk concerning the budgets for 2024 and 2025. Mhm. I also will tell you that I have met with our banker. I got a call from him. I went and met with our banker, and we are in a financial dilemma. Um so, that said, rather than taking a chance for the no and it be done, I would suggest that you get through the summer and let us get through this budget and find out more what we're facing through till July for the new new budget. Then there's not a no for you, and you still have you make it through the summer, and we can re-entertain it when we get through talking with the auditors and we get through talking with the law. Okay. And I hear what you're I hear what you're saying. But I'm I'm I'm thinking that you know, we're putting this all on the police department, but the city's low revenue is all on the police department. You know, my officers are still out there doing doing their thing, doing their writing reports, taking the taking the calls. And I think that the if the council declines doing it, let's hear let's hear the council decline hiring and making a commitment to hire, and then we'll see where the city goes from there. See how the citizens appreciate the lack

of officers. The only thing I have to say You can't hire or you can't hire or you can't hire if you don't have the money. That's one thing I say. But it's like I said, there's the need's there, there's no doubt about it. Right. Well, like I said, we already have the if this officer had to resign, we'd still be paying him. He'd still be here. Well, I mean, that may be true, but we all say it's budgeted, right? But there comes a time when we lose an employee and we say this is the time that we we do attrition, and we are to that time because if it the new budget would come around and we would rehire, um it would be in the budget, that's true. But now you lose an employee, attrition happens, and it's not re-budgeted for the next year. That's how attrition works. I understand well how it works, so. Well, but we just hired two new people, right? We haven't been. The one, and the other one is a mandatory because it's natural gas and we have to have a coordinator. And what were you saying? So, glad that police is a mandatory? It is. It is. To a certain extent, you have to have attrition in certain departments.

[snorts]

I I agree. And we did a couple of years ago when we eliminated the position. That's the way I That's the way I'm understanding it cuz you lost the person. We had 15 police officers and we were losing officers to other towns that paid and the police department decided to not to drop it to 14 and take that salary and split it among the remaining officers to give them the brain starting data. And they're still running on 14 [snorts] officers. That's not where the $6,000 a year came from. Yeah, it is. It's correct.

No, it is not. It came from the elimination of the public works director when we had it in the budget and we decided not to give it not to hire a public works director and we gave the $6,000 a year to the police department. Don't you don't don't don't get angry, man. Hold on. Hold on. Where Where was that Where was the the six the elimination of the the position? Around 20 Probably 3 years ago. It was And And then we And you got a raise with the elimination of that officer, correct? Okay. That's my motion. That's my motion. So, the motion is to approve the hiring of a police officer, Madison Cornett, who will graduate from the Phelps County That's my recommendation. There is no motion yet. I know. Okay. Yeah. Do we have a first? So we it. we need We can't short on police officers. That's that's the safety of our citizens. And but we we're in a minor crunch, but My question with crisis statistics, do we have any human specific statistics that go along with this spending information? I mean, we're just saying safety, but we don't have any numbers to back it up. Is crime any worse? Crime any better? Are you arresting more people? I mean, I I feel like I don't know anything without the statistics. Um I That That can definitely be uh um looked into. Um the report system that we have right now doesn't really break that down as to I do know that we have just last year it was over 4,000

232 calls for service. And that's just the calls that 911's called giving us. The officers That's not the officers on self-initiated passes, traffic stops, and vehicle things that they see and that they go after. It's not the work that uh my captain does with uh with our task force officer and enable officer uh to do search warrants, things like that. Is there anything that gets reported and what follows his question? Is there anything that gets reported you know where the municipality and Department of Public Safety like an audit or something or yearly so they can get their statistics from a crime around the area, where the highest spots are, those spots, and all that? With data, we don't have that. You know, with a few years back, we already had an officer that got shot in in the line of duty. And we don't want that to happen again to find out that we should have had a full staff. And if If short the police department and something bad happens, can't we be held liable for that? For voting to short the police? I don't think so. I think we are liable for that. Emily would know that. All right. So, there are no legal issues? I said if we short the police and something bad happens, could they could we have liability for our votes for shorting the police? That would have to be determined. No, but you know, the liability issue determines on what would happen and then not on the vote. Okay, it's time for a motion, a second, and a vote. Do you have a motion? I don't. I'll I'll make the motion to for this It's not a done deal yet cuz she's still in school.

It's a commitment. It's a commitment to hire her. It's not a done deal yet. It's a done deal. It'd be a done deal because because by time by time she starts and after FTO, summer's over. And you are going to check in to see if the school would pay for me. Oh, sure. We can always check into that. Okay. Did you make a motion? Can Is there any possible way you can hold this off till the next That's nice. The next council meeting in November. Yeah, and bring it out to the council as well. Well, that I think we need more time to think if you're going to consider that. Um But, that's not on the table tonight. So, What? That was just an option for the I'm asking before I move. No, I'm talking about He asked what I said and I said that was just a suggestion.

[clears throat] The is This is completely up to council. Uh no, really. I asked you a question about is there a rule about or that's all up to the next Uh just waiting for an answer. So, let me for you reach out to the Yeah, the rule. Right, but you're It is possible to put it off to the next meeting, but what we're doing is kicking the can down the road and it's possible [cough]

somewhere else. else is what he's getting at. Yeah. If we don't secure her by offering her the position, she may find a job somewhere else. That I I understand that. And And we're trying to make a decision trying to make a decision on that on something in 2 weeks, the school's not going to have an answer. Yeah. I mean, it's not really going to change anything. They won't They won't have an answer by then. They could hire someone tomorrow and have them wait a month and we could have them start working. Yeah, right. Yeah, she don't She's pretty well on her own getting her job now. On what basis do you do that? Uh I don't I make the motion to do to commit I don't know how those are The end result is going to be House session promotion. Do you want a roll call vote? Uh any other discussion? Do you want a roll call vote? Council. Yes. Council. Yes. Council. Mayor. Yes. Council. No, I'd like to wait. Council. Yes. The motion passes. The hire nurse is for tonight. Graduation July 24th. Thank you, council. Anything else? Under my nuisance. Um had one come in for some tall grass. Haven't had a chance to take care of that. Over the prairie. I think it's It might be It might be a drainage ditch area. It might be something to do with the city. Haven't had a chance to look into that. Um any other nuisances that I have heard of any more especially with the lighting toward keeping up with the uh the mowing program. That was on 2017. Over jump.

Oh, do you have that one? Yeah, that's all right. I'm glad to hear. And what did you say that was happening again? You what? What did you say that was? It's over there at Prairie. I'll take it It's on the cuz that just came in today. But I haven't had any other nuisances since then. Okay. Next item, number 11, was Park and Recreation Committee, Park and Recreation Board appointments. Um at the April 21st Council meeting, some Park and Recreation Board appointments were made, but the terms were not clarified. Ashley Wells is replacing Michael Daugherty with Venna B. I didn't hear that name uh Venna B. Monday, and the term expires May 1st, 2028. Rosalind Minor is replacing Christine Young, and that term expires May 3rd, 2027. There are three seats that expire on May 4th. Um uh has expired May 4th. Beth Kite is reappointed to a term that expires May 7th, 2029. Diane Cooper is replacing Karen Groom, and that term expires May 7th, 2029. Um Monica Harris is replacing Faye Howard. That term will expire May 7th, 2029. Josh Hepperman is replacing Marie Smith Maria Smith. Is that right? Josh Heberman. Heberman. Yes. Heberman. And that term expires May 1st, 2028. Amina De Luna is replacing Stacy Romo. That term expires May 3rd, 2027. Amina, are you here? Could you stand up? I want everybody to see you. Yes. I have to go to work. Okay. Thank you. Yeah. Um

Amina is 19 years old. She's going to be the youth on our board. I say youth, but really a young lady. She currently works at uh People's Bank. She also works at Scooter's. Great work ethic. She's also going to college at ECC. And I would like to recognize her for her commitment TO THE COMMUNITY. [applause]

THANK YOU. HIRING OF NEW EMPLOYEES. We have to have a meeting like this at the board has to approve. Uh making appointments, I need a first and a second to approve the hiring. I make a motion to approve the hiring. I'll second. Approve the ordinance. Second. Second. All those in favor? Aye. Any opposed? Hiring of new employees. I need to go through that with you. Uh it was a recommendation at the April 28th Park and Recreation meeting to recommend hiring Michael Bolner as assistant manager, and certified lifeguard. Caroline Bancher, Rochelle Damo, and Elia Decker, all as returning certified lifeguards. Sakura Horsfield as a front desk and concessions worker, and Isabella Robertson as a front desk and concessions worker. Sakura and Sakura and Sakura and Sakura and Sakura. To my understanding, this will be all of the pool employees. All those in favor? Aye. Next one is the approval of selling pool passes to Cooper School. This is recommended last year, also, for the schools to purchase discounted passes. For legal advice last year, I looked it up, and we we denied that request. It was not We were told that it was not

suggested to discount pool passes. So, for the school to purchase 17 pool passes, it would be $765 instead of the $600 [clears throat] that they offered as a discounted price. So, the administration That That was So, we're going to sell them at a discounted price? No. They asked, and the Parks and Recreation Board recommended to do so, but after This came up last year, and it was recommended that we did not did not do that. So, So, if they choose to still purchase all 17, it would be $765 instead of the $600. You want them to sell them at to give them a break to $600 versus $765? And there was legal counsel not to do that, right? Uh last year, I I did get the recommendation and I looked at my emails from last year and it was recommended to not do so and the school ended up being put back. What do we need to do then? Nothing at all. We would just have to sell the sell if they still want to buy 17 passes then You don't have to have approval to sell them passes. You have to have approval if you choose to give them the reduced cost.

So, we don't need to do anything about it. If we're not going to Does Does anybody want to give them a reduced price basically? I think that's right. That's That's That's approval on selling them the passes. So, that was tabled. It was not voted on. Okay, the next one on the agenda uh surplus bid the old Tanglewood Creek Pavilion. We've got a little time before the uh before the ribbon cutting. They're still working on painting and the rain never quits and may not get those things painted through the summer. Uh however, we had a to tear down that pavilion and after looking at it and discussing it with the street guys and everything, there's a possibility that we could actually sell that as surplus and somebody and somebody else instead of us tearing it down allowing somebody else to take the metal and the wood that might be able to use it. So, put that up for bid. Whatever we get for it, we sell the item and they have so much time. Probably we'll give them a week to the to have it out of the park. Motion. I'll second. Got a second. All those in favor? Aye. Any discussion? No discussion. Discussion. Uh so, if we're going to sell it surplus then they, whoever the purchaser or highest bidder would be on uh to tearing it down or removing whatever, is there any liability on us as a city if they get hurt? That's a good question.

[clears throat] Cuz it's It's city property. But, if to sell it to them and if they tear it down and get hurt There could be. I mean, it's a condition of city property. [snorts]

What's that? Yeah, I think we're covered. Whether you want to take that risk, I guess. So, should we require them to have insurance on it? Well, how many people are going to comply with that if it's just No one. Yes, that They can pick up a pavilion. I doubt many, but If we supervise, have somebody there with them to reduce that chance maybe. That helps. I mean, but there's always a risk. Yeah, I mean it And there's a risk our guys could get hurt for the same thing, but we would have insurance to cover that, so. Your call. You have a first and a second. We'll do a roll call. Mr. Mayor? Yes. Mr. Neri? Yes. Mr. Ryan? Yes. Mr. Crocket? Yes. Mr. Bell? Yes. Motion passes. We'll put it out for bid. We'll do it for We'll open it and do it for a whole week. Let's put this out to bid for a week. I was just going to say We'll put it out to bid for a week. Highest bidder gets it. And they have a week to tear it down and do it. That way it's salvageable. We don't have to tear it down and then if they put it up for auction, so they can get money. Treatment plan. All right, I'm going to try to make this short and sweet as much as we can. Um the last meeting you guys approved the budget revision request for $10,000 from the clarifier project. Um I'd like to use that money for hydrants. Um

we have three clarifiers and there's hydrants next to them that all one is inoperable right now. The other one leaks 24/7 and the other one leaks all the time. And the other one leaks all the time. Um when you run all three clarifiers like I have been most of April with all the rain we had, um it builds up algae on clarifier weirs and you have to close off and keep everything clean or it affects the operations of your plant. So, since you guys approved everything, I'd just like to go out and go ahead and I got a bid from Schulte Supply for three hydrants. Uh it's just 2-in hydrants. They have a valve right in front of those two and you can blast the algae off. That's what it's for. Um $8,278.74. Uh the revision was for $10,000 so it comes in well under that. Budget? Yeah, we did that last in the last meeting you guys approved it. Would you say that amount again, please? Um $8,278.74. Motion. Second.

This is for I just need information. This is for parts and you will install it? Yes, it's the hydrant and all the covers, fittings, everything. It's all together. And you also said that this was budgeted at 10. It was budgeted as part of a clarifier project but since um we're not doing that project now due to the pending expansion in a couple of years, we didn't want to spend that kind of money on the clarifier right now. Um so I asked for it to be transferred from that capital project to this. Okay. And you guys approved all that but here's the actual bid for Jeremy, I just want to know if you were if you were installing the equipment. Oh, yeah. We're we're installing it. Yeah. It'll be in house. We have a first and do we have a second? Yes. All those in favor? Aye. Opposed? All right. Item B, need uh lift station maintenance. Um given I I had this on the agenda, um it's not a budgeted item for this year, but I was hoping to get it in the budget for next year. Um but given the recent financial circumstances that have been brought to my attention as an employee and everything, I don't feel right asking for that. It's never been a we've never had this maintenance agreement. I I think dollar for dollar it's money well spent if we did it, but since we've never had it we could go without it all these years, so I'd like to just wait till next year when maybe the finances look a little better. So I'd like to table that and just do that. For sure. Thank you. Thank you. Okay, everybody, we skip that one and move on. Uh number 14, website update. Okay, good. Website update, uh we are just about as ready as we can be. We've messed around with it enough to try to figure out how to edit everything and make everything function, and it should be ready to go. I requested with the company that we go live at sometime in the middle of May. That'll give us just enough time that I have time to finish up the last few loose ends when you're

finished up with it. Um and then so I'm waiting on a response from from them right now to uh give us an official date, but it's up to them when they actually hit the switch over button. At that point the old the current city website will be gone and we'll be fully up there on this new one. So at that time, um if there's anything we missed, like any links that are broken, any phone numbers that are wrong, anything like that, we're going to ask you guys and the community to go to the website. Anything that any issues you guys find, let us know. Just tell me and I'll get on it and fix it. But I think we've pretty well got everything mapped out. I think it's working pretty well. The only question I have is that I've had experience on on organizations changing websites and and URLs and all that good stuff. So when they say they flip the switch and this old one will be dead, you were to If you had saved it as a favorite on your phone and you go over there, it would say page not found. You would have to erase your history and your favorites and redo it.

If we had switched the URL, there would be a forwarding process that the the company would do for for a time and then it would just like you type in cityofcubamobile.com, it would like to go to the old site in your favorites address, it would take you to the new forwarding to the new site and say like you're being redirected to the new page. But, we're keeping the URL the same, it's going to be cityofcubamobile.com. So, it's going to be exactly the same as it is now because we wanted a .gov address, but the federal government has put applications for that on hold. So, we can't even apply to get a .gov address right now. I I am checking that site regularly. So, whenever that does come available and we can apply, I'll get the information because it's some information she's got that I don't have. We'll have to do that and apply and all that. At that point, the same thing would happen when someone typed in people typed in cityofcubamobile.com, it would say you're being redirected to .gov. And it'll go to the new page. Any questions or anything else, questions? Good work. Thank you. All those in favor. Water Department, uh, accept the resignation of water labor Bryce Milks. Motion. Second. All those in favor. Aye. All those opposed. Discussion and approval to advertise bidding a copy release at City Hall. Did you I didn't know what a water labor I'll move to table it. You table Yeah. Oh, that was tabled too. Discussion and approval to advertise bidding a copy release at City Hall. So, we have it in the budget for this year and we're just asking to advertise and seek I have two

Marco and GFI that have approached to have bids on our copy release for our big copier in our copier room that is up currently. So, we're just asking to um basically get um some bids from them on a new copy release. From the same company? Marco is the current company that we have and GFI is the the other one. I do not know of any other companies that do copy releases in the area, but if I do find another one, I will send one to them as I'll I'll approach them as well. We can put something in the paper, but I don't know if we'll get any bidders for this cuz it's a copy release. I would just like your permission to send a purchase to these two and just get something in and and have it to you by um um the next meeting. I don't know if this I don't know if this is the right time or not, but when you say when we put something in the paper for an advertisement uh for a position or a bid or public notice, does the city does each paper I believe they charge the cities for that for each one of those and that's in the the budget, too? We have to have advertising money. Okay. The budget. You know is that okay to do? Or do we need to put it out for a public bid? How How big is this? It's a big dollar amount. The specific copier bid there's I don't know that it's

It's a lease. It'd be a lease, so it'd be like a couple hundred dollars a month maybe at the most. I mean generally you put that out for a I mean, you're going to We're going to approach Marco and GFI. They're the only the only two companies in the area that I know of. I know Ricoh doesn't exist anymore. They were bought out by GFI. Um I don't know of any other copier lease companies, so those are the only two I know of. Could we do a social media post on that account as a natural advertisement? I'm going to have to look. Do you have any policies or ordinances or handbook covering that? I'd say since there's a doubt, we should probably run the ad. We can do that, and I'll just go ahead and send I'll I'll I'll approach the other two companies. That way we're definitely going to get something.

absolutely. Isn't the police department on one of those as well? Is it on the same as yours they're talking about or Our the one that we have in ours is They That's the only one that they Marco approached me about that was up um on lease. The other ones have not come up yet. Okay. Does somebody come in and look at your Yours might be I think yours is a little bit behind us, lease-wise. I think you got it backwards. What about ours, the police and public works? Do you have one? Well, we No, we don't have a whole lot here. I don't know about yours. Let's address this one, and then that might be something that we look at, find out do you guys even have I know that the police department and public works do have one, um as well.

have thought they were all all up at the same time, I guess. they were not. I know the expense of buying rather than leasing is crazy ridiculous. So, the leasing gets us maintenance on the machine. And you would have to have a maintenance agreement and

have the maintenance That would that would cost nearly the same as what it would to lease it. To to own it and mean, it would be more expensive to actually own it than it would to lease it. Mhm. So, that's why we lease. Okay, so we need a motion to advertise bidding a copy or lease at City Hall. I'll make a motion. I'll second. All those in favor? Aye. Opposed? Okay. They already did the nuisance report. I will order Chief Um number 18, bill number 2212. An ordinance authorizing the mayor and mayor into an agreement with Cuba Ball Program for the use of facilities located at Cuba Sports Complex. You're just reading off the agenda. Oh, you're reading the agenda. Amen. Okay, motion to have the first reading of bill number 2212. Motion. Second. All in favor? Aye. An ordinance authorizing the mayor of the City of Cuba, Missouri, on behalf of the City of Cuba, Missouri, to enter into an agreement with Cuba Ball Program for the use of facilities located at Cuba Sports Complex. Motion to have it approved Motion to approve the first reading of I make a motion. of bill number 2212. Motion. Second. Roll call vote. Council Yes. Proper. Yes. Martin. Yes. Renick. Yes. President. Yes. Motion to have the second reading.

Motion. Second. All in favor? Aye. All opposed? An ordinance authorizing the mayor of the city of Cuba, Missouri, on behalf of the city of Cuba, Missouri, to enter into an agreement with Cuba Ball Program for the use of facilities located at Cuba Sports Complex. Motion to approve the second reading. Motion. Second. Take a roll call vote. Graham. I vote yes. Yes. Reneau. Yes. Morton. Yes. Crawford. Yes. Hertzel. Yes. Bill number 2212 becomes special ordinance 959 on this 5th day of May, 2026. Okay.

we'll have four more ordinances. Okay. Motion to have the first reading of bill number 2213. Motion. Second. All in favor? I. An ordinance authorizing the mayor of the city of Cuba, Missouri, on behalf of the city of Cuba, Missouri, to enter into an agreement with Cuba Soccer Association for the use of facilities located at Cuba Hood Park. Motion to approve the first reading. Motion. Second. Roll call. Hertzel. Yes. Crawford. Yes. Morton. Yes. Reneau. Yes. Graham. Yes. Motion to have the second reading. Motion. Second. All in favor? I. An ordinance authorizing the mayor of the city of Cuba, Missouri, on behalf of the city of Cuba, Missouri, to enter into an agreement with Cuba Soccer Association for the use of facilities located at Cuba Hood Park. Motion to approve the second reading. Motion. Second. Roll call vote. President. Yes. Reneau. Yes. Morton. Yes. Crawford. Yes. Hertzel. Yes. Bill number 2213 becomes special ordinance 960 on this 5th day of May 2026. Motion to have the first reading of bill number 2214. Motion. Second. Roll call. Aye. An ordinance authorizing the mayor of the city of Cuba, Missouri on behalf of said city to enter into an agreement with Utility Safety and Design Inc., USDI, for engineering and training services required for the operation of the natural gas system. Motion to approve the first reading. Motion. Second. Roll call. Ratliff. Yes. Cracker. Yes. Wordenhire. Yes. Renick. Yes.

Presley. Yes. Motion to have the second reading. Motion. Second. All those in favor. Aye. An ordinance authorizing the mayor of the city of Cuba, Missouri on behalf of said city to enter into an agreement with Utility Safety and Design Inc., USDI, for engineering and training services required for the operation of the natural gas system. Motion. Second. Roll call. Ratliff. Yes. Cracker. Renick. Yes. Wordenhire. Yes. Cracker. Yes. Ratliff. Yes. Bill number 2214 becomes special ordinance 961 on this 5th day of May 2026. Motion to have the first reading of bill number 2215. Motion. Second. I've got

[laughter]

I've got that. I've got it. All those in favor. Aye. An ordinance authorizing the mayor of the city of Cuba, Missouri on behalf of said city to enter into an agreement with Missouri Public Utility Alliance, MPUA, for natural gas operator qualification evaluations. Motion to approve the first reading. Motion. Second. Roll call. Kratzer. Yes. Crawford. Yes. Ward Mayor. Yes. Bernier. Yes. Present. Yes. Motion to have a second reading. Motion. All in favor. Aye. An ordinance authorizing the Mayor of the City of Cuba, Missouri on behalf of said city to enter into an agreement with Missouri Public Utility Alliance, MPUA, for natural gas operator qualification evaluations. Motion to approve the second reading. Motion. Second. Roll call. Kratzer. Yes. Bernier. Yes. Ward Mayor. Yes. Crawford. Yes. Kratzer. Yes. Bill number 2215 becomes special ordinance 962 on this 5th day of May, 2026. One more. Motion to have the first reading of bill number 2216. Motion. Second. All in favor. Aye. An ordinance authorizing the Mayor of the City of Cuba, Missouri on behalf of said city to enter into an agreement with Charles Shroyer for hay cutting services at the Cuba Municipal Airport, Harned Industrial Park, and treatment plant. Motion to approve first reading. Motion. Second. Roll call. Kratzer. Yes. Crawford. Yes. Ward Mayor. Yes. Bernier. Yes. Present. Yes. Motion to have a second reading. Motion. Second. All in favor. Aye. An ordinance [clears throat] authorizing

the Mayor of the City of Cuba, Missouri on behalf of said city to enter into an agreement with Charles Shroyer for hay cutting services at the Cuba Municipal Airport, Garnett Industrial Park, and treatment plant. Motion to approve the second reading. Motion. Second. Roll call the vote. President. Yes. Rene. Yes. Board member. Yes. Crawford. Yes. Carson. Yes. Bill number 2216 becomes special ordinance 963 on this 5th day of May, 2026. Okay, number 23, old unfinished business. Do you wish I don't have anything right now. Mr. Bless. No, thank you. No. No. Okay. Okay. Now the fun begins. We have we are required in May to do a Sunshine Law education per ordinance. Um, our lawyer, Mr. Blewett, will be doing the presentation. It is. Can we just take a quick break before we Yeah, we'll take a quick break. Let's take a 5-minute break while we get set up, and then if you'll come back

Mhm.

Mhm.

Mhm.

Mhm.

You're still recording, though, right? Hopefully I have enough to leave out there. Yes, yes. Hopefully maybe half an I apologize. The technology has been getting to Any Dave, try it. Can you hear me? Just a word. I'm going to. If you say so. I'll do my best to come up with half an hour. It's pretty clear that we're going to use the second presentation. It's one thing I can't do. I don't know. Maybe I'll go. That's fine. I just want to Okay, so There are a There's a lot to the Sunshine Law, but we're going to focus really on the provisions that apply primarily to a body like the uh Board of Aldermen. Um There is a whole section and and several sections of the statute that deal specifically about law enforcement records, but we really aren't covering that here tonight. We don't have time to do that probably in a half an hour segment. Um So, what is the Sunshine Law? It promotes transparency through open government and public accountability. It applies to meetings, records, votes, actions, and deliberations of a public governmental body, which would be this body, which includes any committees, including any advisory committees, police departments, [clears throat] special districts, anything of that nature under this governing body, it would include and apply to. It does not apply to just an individual board member or an employee. That's That's not a public governmental body. And the default action, the thing to keep in mind is openness is the default. Um there are exceptions to that, but the default is it should be transparent and open to the public unless it falls within a specific category, and we'll talk about those a little bit later.

The Sunshine Law does not apply to an informal gathering of members of a public governmental body for ministerial or social purposes. So, just because you all might be somewhere together such as a Christmas party or something of that nature, that's not a meeting of a public governmental body. The things that courts have commented on is Does it Is it covered under Sunshine Law? Well, let's look at whether there was an agenda or this was a structured or unstructured meeting or get-together. Were there any votes taken or any policies established? Did people take turns talking to a group that was assembled? And does it basically have any trappings or Does it look like a duck, smell like a duck, and walk like a duck? Um if not, then it's probably not going to apply as a public meeting subject to the Sunshine Law. So, how does the Sunshine Law apply to this Board of Aldermen and your meetings? It applies to any meeting where you have a quorum present and public business is discussed, whether that be in person, whether that be email, whether that be text, whether that be conference call uh of the members or Zoom or Microsoft Teams meetings, any kind of video conferencing uh system or software like that, it would apply. Notice of meetings must be posted minimum of 24 hours in advance. That's nothing new to this group. Uh that does not include weekends and holidays. Notices must include the date, time, location, and tentative agenda. Uh it should be posted in a prominent place that's easily accessible to the public. And it should be uh the location of meeting should be a place of sufficient size to accommodate the anticipated attendance. Sometimes it's hard to tell here. I think from one meeting to the next.

The public does have a right to attend and record uh open session meetings open meetings. Audio and video recording, but they don't necessarily have any right to speak at the open meetings. So, something to keep in mind. This body allows citizen participation time, but that's not a requirement. So, public can attend, but they don't necessarily have any right to speak during those open meetings. So, what you're saying is is if we wanted to because of time constraints, we could eliminate the public participation part, and and that is legal. Yes. Not necessarily the wisest. No, I wouldn't say that.

probably not the wisest for your governance and and listening to your constituents, but uh in a situation where you're pressed for time, you know, things are That's why most of the special meetings we don't do public participation. Yeah. You're here to get certain things done and and be over. So, your agenda should be constructed in a manner reasonably calculated to advise the public of the matters to be discussed at the meeting. So, those of you who who have been on the board for a little while or or attended some of these meetings, you know that we frequently have discussions about is this on the agenda? Can we do it? Did we put on here that we were going to vote on this tonight? And if we haven't, we haven't really advised the public of of exactly what you might be doing, so we really shouldn't be doing what we shouldn't take any sort of vote on it. The city must also have its own Sunshine Law policy. You do. Um that is codified in chapter 120 of the city ordinances. Your policies related to the Sunshine Law and the uh determination in looking at at the things you're discussing during your meeting will make the determination for you as to whether that meeting is open or closed. It's the topics and things that you're discussing and and where they should fall, whether it's open or closed meeting. So, moving to city records and discussion of of records, and this goes into a response to records requests. So, the definition of public record is any record retained by the city, regardless of form. That's emails, text messages, even on personal devices could be um public records, videos, and documents. The city, however, is not required to create records in order to respond to a

records request. So, if a request is really basically somebody wanting a city employee to pull something together that we don't normally have and compile a bunch of data into some report or form that they're requesting it, city's not required to do that. You're only required to provide records that you currently keep. You don't have to create new ones. The city must designate a custodian of records. Responses to records requests must be provided within three business days. [snorts]

Uh providing and you have three responses that are appropriate in response to a records request. You can provide the requested records, you can inform the requestor that the records sought are closed and you need to cite for them the proper provision on why those records are closed and you won't be providing them. Or you can explain why there's going to be a delay in getting those records to them and estimate when the records will be provided. For instance, I think we had some records requests come in, they were of a nature that a certain city employee really wasn't in charge and control of those records and and had most of the knowledge about those records and if that employee was off for some reason, vacation maybe for a week or whatever, it's certainly reasonable if nobody else really can provide that information to respond within the three business days and say the employee in charge of those records is off on vacation. We will respond next week or by whatever date with the records requested. But a response needs to be made. There is no specific form that a records request in the city has to take. It can be submitted by letter, it can be done by email, it can be done by phone or it can be done in person. Some of those are are going to be difficult obviously because it's going to be hard in a passing conversation to make a records request and have the records custodian or whoever they're talking to accurately get that information down. So obviously it's preferable to have that in writing from someone, but the law, the Sunshine Law, does not require any specific format or a records request to be submitted in. The city can charge reasonable fees for duplication and search time when they are responding to a records request. The statutes specifically state that copying fees of no more than 10 cents per 9 by 14 page or smaller is appropriate.

Hourly rates can be charged for making copies, but they cannot exceed the average hourly rate of pay for clerical staff of the city. You can charge research time at the actual cost that it takes you for that, and efforts should be made to keep those costs reasonable. If you have uh city employees you can utilize to respond to records requests that will result in a lower amount of charges for the search, copying, research time, and compiling, then you should do that. If the city requests payment of fees prior to fulfilling a request, and those fees are not paid, there are provisions, newer provisions in the statute about being able to uh consider a request withdrawn if those fees aren't paid. So, if you respond to a records request and say and often in a good formulated records request, somebody is going to ask to please advise me what the fees are up front, often if they're over a certain dollar amount. So, the city responds to that um if it's going to be a large job, or you think there's going to be some really some expense involved, then you should respond, request payment of fees prior to fulfilling their request, and if those fees aren't paid in 90 days, or 150 days if it's going to be over a thousand dollars, then that request is considered withdrawn. So, you no longer have to need to respond. That is also similar um to requests where you're asking for clarification. On a request if if the records custodian is not sure what the requester is asking for, they can respond and request clarification. If clarification is not provided within those same time frames, then the request can be considered withdrawn. Chapter uh 109 of the Missouri Revised Statutes governs record retention, and

the Secretary of State's office has a local government records management guidelines document that they published that I'm sure that the city is aware of. So, the Sunshine Law really isn't about governing the policies, the methods, the time frames for record retention. That's something else. That's a whole other section of statutes that probably we don't need to get into, but So, additional information for responding [clears throat] to requests for records. You should address any fee estimates in the city's initial response letter. It's a good idea to do an initial search and estimate how many documents that might be responsive and identify that in the letter. All employees should know who your custodian of records is and they should forward any request to the custodian immediately because of that very tight three business day deadline for providing a response. The city can seek clarification from the requestor if needed and should confirm how the records are going to be produced. If you're going to produce them in electronic or paper format. And even if there aren't any records to produce in response to a request, if it's something that city doesn't have under their control, records they don't keep, again, it's not something you have to manufacture if you don't have it, you still need to send a response to the requestor that there are no records in existence to their request. It The law does indicate that you should try to redact if possible rather than closing an entire record. So, if there is just a little bit of information in a record requested that is something that falls under the statutory section that says these are the things you can't disclose, if it's possible consider redacting that information going ahead and providing the rest of the record.

If the records that are being sought are definitely closed and there's just no question about it. The city cannot provide those records in response, then you should provide as much of a response as possible to the requestor without disclosing any information that should remain closed to explain that you can't provide it. And notice needs to be given to the requestor about payment of fees and fees and deadlines or um the request will be considered withdrawn. So, you should include that information in your response that uh we're asking for these fees up front. If we don't receive them in this time frame, your request will be considered withdrawn. We're asking for clarification. If we don't receive clarification within this time frame, your request will be considered withdrawn. Just good practice. And of course, whenever your custodian of records has a question about whether something can be provided or not, uh you certainly always should contact your counsel and get an answer or clarification on that. Uh moving to closed session. The reason for having any closed session must be specified in your agenda and it is limited to those topics. To have a closed session discussion, it must fall under a specific exceptions that are allowed by statute. Some of the most common ones I have put in the handouts. Uh that would be legal or litigation, so legal actions, causes of action, pending litigation, um potential litigation, other confidential or privileged communications between the board and its attorneys, the board and its auditors is also another issue that comes up in terms of confidential or privileged communications. Those are reasons the common reasons why you can have a discussion in closed session. Real estate is often another area for closed session discussion and that would

be leasing, purchase, or sale of real estate generally. Personnel is another common reason for closed sessions. Hiring, firing, uh disciplining, or promoting of particular employees when personal information about that employee is being discussed should strictly be in closed session. There are also certain public safety, uh security system, computer access information discussions that should be only in a closed session just due to the nature obviously of of that information. Bid processes and sealed bids and contracts until you're ready to disclose that information um can't be discussed in closed session, but should remain closed records. Currently, after the changes to the law last year, there are 29 listed categories of exceptions to open records in the statutory section 610.21. Um that changes. And can change from year to year by the legislature. So, right now we have 29. Uh the rule is if if your records don't fall within those 29 categories or your discussion topics or meetings don't fall don't fall in those categories, then it's open. You must conduct a roll call vote to move into closed session. And it's also important to remember, I don't know that it's ever a problem here, but you may not record a closed session without permission of the entire board uh to do so, and violation is a class C misdemeanor. So, it is a criminal criminal charge. Meeting minutes from meetings of public bodies have to include certain information by law. They have to include the date of the meeting, the time of the meeting, the location of the meeting, a specific listing of the members present and members who were absent.

There has to be a record of all votes taken, including a vote to close a meeting. Roll call votes must specify each member's individual votes on a matter. And you need to have a citation to the appropriate subsection of the statute, which is the 610.021 we just discussed with the 29 exceptions to open records and open meetings for going into a closed session. This city does follow that pretty closely and carefully, I think. If applicable, the good cause exception for holding a meeting on less than 24 hours notice, you need to state that in the meeting minutes and and state why it was done that way. So, a newer area of discussion under the Sunshine Laws, of course, is electronic transmission and and public records. And the statutes, quoting them, say that any record, whether it's written or electronically stored, retained by or of any public governmental body, that is defined as a public record. Something that's more interesting recently too to this body will be section 610.025, and I do have a typo down in that quote on I don't [clears throat] know which slide that is, but we're getting toward the end. It's the public records electronic transmission. Slide nine, I think. Slide nine, thank you. And the quote, it should say instead of counting in the next to the last line, it should be counted. So, what the statute says is that any member of a public governmental body who transmits any message related to public business by electronic means shall also concurrently transmit that message to either the member's public office

computer or the custodian of records in the same format. The provisions of this section shall only apply to messages sent to two or more members of that body, so that in counting the sender, a majority of the body's members are copied. So, this would come into play if you have committee members or board of aldermen members conducting things generally by text message. Don't advise that at all. You should not do so. Um but if you have uh four people involved in that conversation who are board of aldermen who are members of a certain committee, now you've created a public record. And if you're going to do that and have those conversations, those text messages need to be sent to your public email and to the records custodian. So, there has

you a question here? Yeah. I uh I sent when they the new aldermen first come on board, I kind of sent them a thing uh like a text message to say, "This is how we do Robert's Rules, we do this and this and that kind of stuff work." So, since I sent to the new alderman, which was more than three for sure, then I should send that to my email too. Yeah. So, the uh the main case that has addressed the text message issues is Sansone versus Governor of Missouri. And this was in 2000, heard by the uh Missouri Court of Appeals in the Western District. This was filed uh by an individual against Eric Greitens um during the time at least at the time things occurred, he was the governor of the state of Missouri. And the unfortunate thing here is that messages were being sent and received using Confide, which is an app that does not retain the messages. So, I guess somewhat like Snapchat, where things disappear. As soon as they were read, the messages disappeared. So, in in one part, the court said, "Well, they aren't records that were maintained at the agency at the time of the records request. They may have existed at one time, but they weren't retained by the agency, and they no longer exist." And they went through forensic phone experts and analyzed the data and tried to see if those messages could be recovered, and they were not capable of being recovered. So, the court found, "Well, those those aren't public records because he couldn't establish

the requester couldn't establish in his initial burden that those messages were public records subject to disclosure under the Sunshine Law. So, however, that uh same court put a footnote, as they like to do. Judges like to footnote things they don't like. And they said that it is not lost on this court that a public official's use of the Confide application has the practical effect of sidestepping the reach of the Missouri Sunshine Law via ephemeral messaging applications that delete communications before any request for their disclosure can be made. And as Sansone's counsel noted at the oral argument of this case, it may be time to update Missouri's Sunshine Law that was originally enacted in 1973, well before cellular phone technology existed, and likewise well before the family messaging applications existed. So, but it's not within the power of the judicial branch of the government to create statutory law, that rests with the legislative branch. So, until the legislative branch updates Missouri Sunshine Law to account for cellular phone technology and associated data, we cannot add words to the statute to accommodate this requestor's legitimate concerns about the use of these messaging applications by public officials. Nor are they saying that they condone use of such applications by public officials. So, we would not advise the governmental body to use such an application either, but just to to be aware and know that um text messages under certain certain circumstances could be subject to that. I will have to say in in looking and reviewing, I did not see that the legislature has taken it up on that challenge to make any update yet to the Sunshine Law. So, we're still in limbo a bit.

The important thing to remember is if the message is sent to a quorum of public officials, which includes the sender in that quorum, and it relates to public business, it's a public record. So, maintain it, send it to your public email, send it to your custodian of records. It's going to be very difficult for your custodian of records if they have to go around and ask start asking everybody, do you have text messages on this? Do you have text messages on this? That's That's too difficult. So, common pitfalls. Um obviously, personal business conducted on personal devices or apps, as we've already talked about, or something like WhatsApp, are subject to open records and be um quorums cannot be created through private conversations among members to avoid the law. So, you shouldn't go out of here and have a few of you start start discussing things that really should be presented in an open meeting in this forum and attempt to avoid the requirements of the Sunshine Law because that doesn't work. There should be mandatory training for staff and adoption of a formal written policy. You're getting your mandatory training tonight. You've already got a formal written policy. Any votes taken during a closed meeting should be taken by roll call. Uh two board members of a subcommittee may constitute a quorum, which may subject you to the Sunshine Law. So, be be aware of that. Some of your smaller committees only have a few members, so if you've got two board members talking who serve on a committee and you don't have many others, they could constitute a quorum. Also, be aware that continuing conversations about board meetings with other members, say on the way to your car after meeting, would also be subject to the Sunshine Law. So, that is discouraged. Should not occur.

Penalties uh and enforcement for violations of the Sunshine Law vary. Um civil lawsuits can be brought by any citizen, county prosecutor, or the attorney general in the circuit court of the county within 1 year from when the violation is ascertainable and in no event later than 2 years after the violation occurred. There are fines which differ by whether your violation was just knowing a violation, and that's up to a $1,000 fine plus court costs and attorney's fees if it is a purposeful violation, then that's up to $5,000 fines plus court costs and attorney's fees. Uh there is injunctive relief available through a court to stop a certain practice or rectify a violation of the Sunshine Law, and courts can also void actions that have been taken by the Board of Aldermen or committees in violation of the Sunshine Law. If things were to get that far. So, best practices kind of to to wrap this up. Your best practices, I would recommend that you review and update the city ordinances annually in September. And I say September because when the legislature uh makes changes to our state statutes, those come out usually every year on the 28th of August. So, if changes have been made, the statute's been updated by August 28th, and then the city can look at that and review and make any changes. So, for instance, those 29 exceptions um change and have changed several times since the law was enacted. So, those are also mentioned, I believe, specifically in your city ordinances. So, those need to be reviewed um every year, I could say, the 1st of September, just to see if there have been any change made in the state statute.

[clears throat]

I do suggest probably one change to something we're doing after carefully reviewing all the Sunshine Law, and it's a it's a minor administrative change. We should refer to public meetings as open or closed uh just to avoid the confusion. The Sunshine Law does not refer to meetings as executive session, and I think we've just traditionally done that for a whole long, long time. Um but we should really refer to it as closed closed session um instead of executive session. You need to bear in mind and remember that all public business must remain open unless it's specifically authorized to be closed. Each member of a public governmental body should have a government-issued email account for the conduct of their business as a public official. You want to keep things separate. If you use a personal email account, you could ask some issues with that that I'm sure that you don't want to encounter. So, the Attorney General in 2017, which was Josh Hawley, issued an Attorney General opinion or policy note that publicly stated that text message text messages about state business are public records under the Sunshine Law, comparable to emails, and that use of a personal device does not automatically exempt them. So, also keep in mind that you shouldn't use official email servers or addresses for personal business because if you do, whatever you discuss in your personal business is then open public record. And sometimes, I think as we've all seen in those cases that end up in the news, they're embarrassing disclosures that nobody wants there.

So, make sure you keep it separate. And just overall, remember that if a message meets that requirement those requirements of 610.025, the number of senders involved constituting a quorum, then you should forward those text messages to your government-issued email and to your custodian of records for keeping. And I think that's that's all I have. I think we've pretty thoroughly covered the requirements of the Sunshine Law as it applies to this governmental body. If you have any questions, I'd try to try to answer them, but I think that's pretty thorough. Do you have any questions? The only one I have is on the penalties and punishment. It said fines knowing violations up to $1,000. Do you mean by knowing like you knew you violated it? Well, that you have to look to the statute specifically as to what the definition of knowing is. That's a big burden of proof. Yeah, I mean purposeful certainly is a higher level. Yeah, I get purposeful but knowing that's a broad It it is. That's very broad. It is. So, basically I think what some people would advise you is that if you're going to err, you err on the side of disclosure. rather than than not. Um and I I can't put my finger right on the exact definition when I have so many lines of text in front of me. No, that's okay. I'm just I'm saying knowing that's going to be really hard to prove.

it's Yeah, it's a that's a tough standard. Um you know, there's one of the things well, there's difference in negligently disclosing and you have a mistake that you know, you didn't intend to but I I think that given the nature of public confidence, transparency, what purpose of this law is, the courts are also going to err on finding those things to be a knowing violation. Okay, if that's it, thank you. Thank you very much. Um we are now going to go into closed session. This is closed to the public pursuant to RSMO 610.021 section 1 for legal advice and litigation. I just need to say something to him before I I forgot. I have more consultation points.

Nothing. Just something else. 10. Any motion? I'll second. You want to second that motion? All those in favor? I vote I'm sorry, Logan. Here. Gregory? Yes. Mark Adams? When you are Yes. Gregory? Yes.