The Trenton City Council approved an engineering proposal to stabilize the old city landfill, a resolution to establish procedures to disclose potential conflicts of interest for certain officials and heard an update on a lawsuit during a special meeting this morning at city hall.
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The Trenton City Council approved an engineering proposal to stabilize the old city landfill, a resolution to establish procedures to disclose potential conflicts of interest for certain officials and heard an update on a lawsuit during a special meeting this morning at city hall.
The engineering proposal from Terra Technologies, Inc. of Maryland Heights to stabilize the old city landfill was accepted by the council even thought the cost was not the lowest of two proposals considered. City Administrator Kerry Sampson said that the $16,500 bid by Terra Technologies included a report for the Department of Natural Resources while the $15,700 bid from Landplan Engineering of Lawrence, KS did not. While there was an $800 difference in the cost, Sampson noted that reports prepared for DNR can cost as much as $2,000. He added that Terra Technologies also did the previous work on the landfill. The cost will be split between the city, Modine Manufacturing and Nestle.
The council approved a resolution, adopting procedures to disclose conflicts of interest as required by state statute. The city is required to adopt the resolution every two years.
Attorney Jack Peace told city officials that a conference call is to be held this week to set a date for an evidentiary hearing in a lawsuit filed against the city and councilman Troy Smith by Carolyn Garcia concerning alleged election violations. Peace, who is representing the city in the case, said the judge in the case, Sullivan County Associate Circuit Judge James Spencer, denied the city’s motion to dismiss the lawsuit, but took under advisement the motion for sanctions. Peace said it is not uncommon for a petition for dismissal not to be granted before an evidentiary hearing is held, although he noted there is a case in the Kansas City area similar to that of the city where the judge dismissed it. Peace noted that the city’s motion to dismiss was based on pleadings by the plaintiff in the case and that there was other evidence to be presented. The judge is to hold a conference call with Peace and Mrs. Garcia’s attorney, Tom Keedy, in an effort to get a hearing date.
As for the motion on sanctions, Peace said the city is asking that the plaintiff be required to pay certain costs incurred by the city as a result of the case. Peace said it is his belief the judge is waiting to see what the outcome of the hearing is before ruling on that motion.
Prior to the meeting being adjourned, councilman Kenneth Ewing asked “what the rules were” regarding who city officials could talk with. Ewing was referring to Mayor Gary Hall and his association with Keedy, who was present at last Monday night’s city council meeting along with Mrs. Garcia. City Attorney Chris Raynes said that city officials have been told by both Peace and himself that they were not to have any contact or discussion with the plaintiff until the lawsuit was resolved. The mayor was then asked if he had ever sought legal advice on city matters from Keedy, to which Hall said he had asked the attorney about the city’s Community Development Block Grant program, which was the topic of a discussion at Monday night’s meeting in which the mayor insinuated councilwoman Jackie Soptic had a conflict of interest because her employer, the Green Hills Regional Planning Commission, has served as administrator of the grant.
The mayor was also asked if Keedy had prepared the notebook of materials Hall had with him at Monday night’s meeting. The mayor had taken information about the conflict of interest issue involving Mrs. Soptic from the notebook, which councilmen had asked for copies of, but only received four pages. The mayor said that Keedy had not prepared the notebook and that he had only given out the four pages because that was all that was talked about. When Raynes asked the council to correct him if he was wrong when he stated the council had asked for all the pages, there was no response.
Councilman Smith noted that as a party to the lawsuit, he is concerned about what is going on and stated the council needed to “get over the nitpicking” and start “taking care of Trenton.” He said that if someone has a problem with an individual, they should go to them and work it out in private.
Smith then told the mayor that “we don’t need to be talking with the opponent or the opponent’s lawyer” and that the council “needs to get beyond this.”
Councilman Don Peyton expressed his concern about individuals being “blindsided” by questions at council meetings and not being told ahead of time so that the individuals could have time to prepare answers. He specifically addressed the questions the mayor asked of Mrs. Soptic on Monday night, noting that Hall could have gotten answers to those questions prior to the council meeting instead waiting.
As the discussion continued, a motion was made to adjourn the meeting, which was approved by a 6-2 vote with Ewing and Steve Perry being opposed.