Confusion covers Mtn. View sewer ordinance

The January meeting of the Mtn. View Board of Aldermen left many scratching their heads as they left. The confusion stemmed from a disagreement the board had regarding an ordinance that affected the city's utility bills. The ordinance was voted on November 2024, passed, and went into effect. Residents received their December bills in the mail January 1, 2025 reflecting that change.

 

Board members argued that Mayor Charry McCann did not properly explain how the ordinance they voted on would be carried out, particularly when the new rate would be implemented. Mayor McCann refuted, stating that the only way to meet DNR requirements was to have these funds. "If we waited until February then we would start the 2025 year in a deficit." The board indicated they understood that the new rates would not go into effect until the bill residents would receive in February, essentially the Dec. 15-Jan. 15 billing cycle.

 

"It was passed," Alderwoman Judi Colter stated referring to the ordinance currently on the books. "It's not a big deal to make a mistake. We just need to correct it for the citizens. What council voted on is the way it should have been implemented."

 

Discussions wheeled toward a fix and if/when the residents would receive a credit for being billed the new rate at the incorrect time. City Operation Manager Eddie Owens explained that in order for the residents to receive a credit, it would be a logistical nightmare for city hall employees who would have to change/credit roughly 1,200 bills. The board then discussed dropping the rate back to the old rates for a month, then changing them back to the new rate in order to nullify the high rates residents saw for their December bill.

 

When the board zeroed in on a solution, they asked the city attorney if they could amend the current ordinance to reflect the changes they wanted. City Attorney Deedra Nicholson said, "You'll have to do an entirely new ordinance. It's already been passed, you can't amend it."

 

Discussion bounced back and forth with everyone wondering how to handle changing the ordinance.

 

Alderman Ed Martin asked, "Can we do that in this session?" referring to altering an ordinance. Nicholson replied, "You need a motion to change the ordinance and then another to correct the error of implanting it prior to when it was supposed to be by adjusting the rate back for a month. You'll have to do a new ordinance."

 

Alderman Calvin Perry asked Nicholson, "If we redo this ordinance, we can't redo this tonight so it suspends everything basically from the 15th to the 1th. If we go back to the old rates for a month, we have to pass that ordinance, do that for a month, and then when that month is up we have to revisit it again to implement those rates once again, that would be three months down the road."

 

"If you want to pass the ordinance tonight, it's not ideal to do it without putting it on the agenda, but it is still the general agenda that you intended to have and it was still listed as item, just not an ordinance," added City Attorney Nicholson.

 

Eventually, a motion was made to change Ordinance No. 1764 to be in full force and effect with the old rates beginning with the December 15, 2024 - January 15, 2025 billing cycle made by Alderwoman Colter, seconded by Alderman Martin with an all-in favor from the board.

 

A motion to suspend current sewer rate to old rate for billing cycle December 15, 2024 - January 15, 2025 billing cycle made by Alderwoman Colter, seconded by Alderman Gary Yarber with an all-in favor from the board.

 

The proverbial elephant in the room during this meeting was not the confusion about when the new rate would go into effect, but the fact the board had full discussions regarding three topics all shoved under the heading "Rates/Bills - Sewer and Electric". At no point was this business on the original agenda or the amended agenda to discuss or alter ordinances, yet the board did so. It should be noted that the city attorney was on hand and discussed with the board on how they should go about altering the ordinance.

 

In other business of the Tuesday, Jan. 14 meeting the board approved or tabled several items.

 

Old Business

- Airport Terminal HVAC: Informational only, no votes needed, as Mayor McCann explained this HVAC system costing $5,000 was not paid for with grant money.

- Building Inspections: Two buildings were inspected and found to be structurally sound, those buildings are located at 124 W. First Street and 108 E. Second Street.

- Heritage Business Park Payment: A payment of $15,000 the city pays annually to the Heritage Business Park in Pomona, MO was discussed and the city has asked Mtn. View Resource and Development to provide $7,500 as they have in years past.

 

New Business

- Approval of minutes from the 12/10 and 12/19 meetings: A Motion to approve with exception to Dec. 190 closed meeting minutes, hiring 'full-time seasonal for Pro Shop' was approved.

- Claims Reports: Motion to accept approved.

- Department Reports: Motion to accept approved.

- Code of Ethics Policy Ordinance No. 1766: Motion to table approved.

- Rules of Order Policy Ordinance No. 1767: Motion to table approved.

- Electric Rate Ordinance No. 1768: Motion to approve 1st and 2nd readings approved.

- Family Youth Center Agreement Resolution No. 25-01-14: Motion to table was approved.

- Softball Field Fence Repair From Flood Damage (added during approval of agenda): Motion to award bid to Williams Fence in the amount of $8,787.58 was approved.

- Street Department Shop Insulation Bids (added during approval of agenda): Motion to award spray foam insulation bid to K&K Insulation in the amount of $7,300 was approved after a tie was decided by Mayor McCann. Alderman Ed Martin and Alderman Yarber voted aye while Alderman Perry and Alderwoman Colter voted nay. Their reasoning was they wanted to see/know of some kind of guarantee on the work that would be done.