Meta aldermen sign contract with Nickolaus, get immediate help

By Neal A. Johnson, UD Editor
Posted 6/19/20

Meta aldermen last Wednesday entered a contract with Nathan Nickolaus of Lauber Municipal Law, LLC, and received immediate answers on a few issues as he attended the meeting.

Nickolaus, who works …

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Meta aldermen sign contract with Nickolaus, get immediate help

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Meta aldermen last Wednesday entered a contract with Nathan Nickolaus of Lauber Municipal Law, LLC, and received immediate answers on a few issues as he attended the meeting.

Nickolaus, who works in the Jefferson City office, previously represented the city of Meta, and said the entirety of the Lauber firm works exclusively with municipalities.

Alderman Otto Wankum said his main objective is to accomplish the goals the board has in a timely and affordable fashion, which is not always easy to do since Meta is a relatively small municipality.

Nickolaus agreed, and said that all of the cities he represents are small in nature.

“This is what we do,” he said. “It’s not just about giving you legal advice. It’s about helping you with whatever projects you have in mind.”

Economic development and management issues are two examples Nickolaus provided, noting that he has city administration experience with Jefferson City that will help him serve Meta.

When a solution is found for one city, it often can apply to others, and Nickolaus said the cost can be split between municipalities in certain situations.

“One of the frustrating things for me is you have stuff that needs to be done, and you have bureaucracy you have to go through to get it done, but we’re also trying to get it done by spreading the cost over the total population, and you can only stretch a buck so far,” said Wankum. “We need help navigating that bureaucracy so that we don’t come out on the short end off the stick. If we start taxing people to the point where they can’t afford it, they’re going to move out.”

Nickolaus said he understands how small towns want to avoid new taxes, and believes he can successfully maneuver through the different levels of bureaucracy.

At the local level, Meta’s vision is determined by the aldermen and mayor, and Nickolaus said it’s his job, along with other city employees, to make the vision a reality.

“If you’re having trouble getting what you want to work, we can fix that,” he said, adding that he and employees will focus on the details while the board remains free to view the big picture. “You have a lot of say in how things go, a lot more than you might think.”

At the state level, the bureaucracy is usually attached to funding for various projects in the form of grants and small-interest loans, and the federal level is a constant thing, and cannot be changed.

“We can help you get through it, but that’s not your big problem,” said Nickolaus. “It’s the state and local levels that more directly affect you.”

His experience with state agencies will also come into play, Nickolaus said.

Alderman Ivie Helton was glad to hear that, noting that there have been times in which aldermen simply did not know how to proceed with various goals and projects, and posing “yes or no” questions was not helpful.

“There’s probably things out there we can take advantage of, but we don’t know how to get started or get involved, so that’s what we need,” she added.

Nickolaus informed the board that a one-day training for city officials will be coming up soon and recommended each of them to consider attendance.

Alderman Steve Sherrell told Nickolaus that old, rundown houses are one of the city’s main concerns.

“Code enforcement is a problem in every small town,” Nickolaus said, adding that he would need to serve as the city’s prosecutor in these cases.

“We’ve talked about all kinds of scenarios on how to handle these things,” said Helton. “We’ve even taken some to court and actually won, but we don’t have a way to get reimbursed for the money the city puts into repairs.”

Hoffman agreed. “If we’re going to spend thousands of dollars to fix someone’s property, we should get that property,” he said.

Sherrell added that in one case, the land was given to the contractor who cleaned it up.

“You’re almost there,” Nickolaus said. “But there are ways to do it without the city owning a bunch of property.”

Property owners were offered an opportunity through a demolition grant, but even with the city’s offer to pay the $500 fee, no one agreed to do it.

Nickolaus said the best approach is to use a mechanic’s lien instead of a tax lien, because with the latter, the city doesn’t collect until the property is sold.

By statute, the city is allowed to have a contractor do the work and attach a mechanic’s lien, which is much more enforceable, Nickolaus explained. “You can force a sale of the property that way,” he said.

The idea would be to buy out the contractor’s share of what’s owed, and use the mechanic’s lien to collect what’s due the city.

Aldermen agreed the idea is to break even, and one benefit is that a clean property is more attractive to potential buyers, which would in turn raise local property taxes.

In many cases, property owners no longer live in Meta, and don’t care about upkeep.

“If you’re an absentee landowner, it will cost say $20,000 to tear the rundown house down, or you do nothing, maybe cut the grass once in a while, but it’s really out of sight, out of mind,” said Nickolaus. “What we have to do is change the equation and make that house a pain in their side.”

Moving forward, Nickolaus said he believes its important for him to be at every meeting, but said if that gets to be too costly, the city is not obligated. Further, he said that should the city be dissatisfied with his services, there is no notice required to stop the agreement.

In other business, the board approved a budget that anticipates revenues of $149,650 in the Operating Fund, with a beginning balance of $83,300, and expenditures of $117,150. The budget will include a transfer of $130,000 to cover the cost of the new maintenance building, presenting a net balance of $6,150. Also to be transferred is $25,400 to the Water Tower Fund, $35,000 to the Motor Fuel Fund, and $49,250 to Capital Improvements.

The Water Fund anticipates revenues of $47,000 and expenditures of $39,700; the Park Fund shows revenues of $7,750 and expenditures of $6,400; the Motor Fuel Fund anticipates revenues of $5,900 and expenditures of $40,000, with the transfer from the Operating Fund to cover street improvements; in the Capital Improvements Fund, a beginning balance of $61,300 will be increased with the transfer from the Operating Fund by $35,000, and with expenditures of $65,000, the fund will have a balance of $31,300; the Water Tower Fund has a beginning balance of $28,400, and with a transfer of $25,400 to cover maintenance repairs, the balance will remain at $28,400; and the Sewer Fund has a beginning balance of $8,884.75 with no expenditures.

* Aldermen approved an amendment to the 2019-20 budget in the amount of $16,000, which was transferred from the general fund to Motor Fuel Fund to pay the balance due Jefferson Asphalt.

* Aldermen gave authorization to Mayor Harold Libbert to determine the date of the city’s fireworks display. That decision will be based on the availability of an operator for the event, which will be held July 3 or 4. An ad will be run once the decision is made.

* Meta found itself in a situation in which help received for floodplain administration was not contracted, and the city had some options regarding a bill in the amount of $1,161 to the Meramec Regional Planning Commission (MRPC) for services.

Buechter explained that while Meta joined the city joined MRPC, and discussions about floodplain administration took place, there was never a contract in place, and hours available through MRPC for city business could not be used for floodplain services.

She said the city could pay the bill and sign a contract for services moving forward, pay the bill and contract with someone else for floodplain services, or refuse to pay the bill, which would mean Meta would no longer be a member of MRPC.

Aldermen agreed it was better to have an agency well-versed in the nuances of floodplain management handle this service, and approved payment of the bill and authorized the mayor to enter a contract for FY 2021. A contract for MRPC’s regular membership was also approved.

* Official results from the June 2 election were reviewed and accepted.

Otto Wankum received 16 votes and Steven Sherrell had 15, with one write-in; both were sworn in last week. Also, an ordinance authorizing the city of Meta to forgo an election if the number of candidates equals the number of open positions passed by a 12-4 margin.

* Each year, there is a need to advertise for a backup water operator, though it’s been really difficult to find one. Chief Water Operator Harold Libbert will continue in his role, and Nickolaus provided a recommendation that could help satisfy the Department of Natural Resources (DNR).

* Bid specifications for a retaining wall to divert water away from City Hall were discussed, but there is some question about the process, since the city will need access to the right-of-way owned by the Missouri Department of Transportation (MoDOT).

Buechter explained the city will need a work permit to access the land while constructing the wall.

Aldermen also agreed to add a flagpole.

Nickolaus suggested the city seek an easement.

The plan is to advertise for the project as soon as the right-of-way issue is resolved.

* A business license was approved for Southwestern Bell, which pays half the fee twice per year.

* A discussion of raises and bonuses for city employees was tabled until next month.

MAINTENANCE
UPDATE

Maintenance employee Kenny Loethen told the board the search for a a new mower is still in flux, but a demonstration can still be arranged. He added that it makes no sense to put money in the old mower, which is in poor shape.

However, Wankum suggested finding out how much it would take to at least make it useable, since selling it would not bring much more than scrap-iron prices.

“We should know that before we make the determination it’s too much for us to fix,” said Wankum. “I also think if we get a new mower, we hold on to the old one, unless it costs us too much to fix, as a backup. Just because you buy a new one doesn’t mean it’s going to last very long.”

* Loethen and fellow maintenance employee Mitch Stumpe continue to work on a list of projects outlined recently by aldermen, and Loethen asked that the board at City Hall with this list be accompanied by the initials of whatever alderman put it there so he can speak with that person directly regarding issues.

Specifically, a big issue this time of year is cut grass on the roadway, and aldermen want it blown off the road as quickly as possible. Stumpe noted there are a lot of residents that cut grass, which creates clippings on the highway, and Loethen said it blows away as soon as a car passes.

Alderman Lawrence Hoffman said he understands on a steep hill it is impractical to go back and blow the grass off the road, but said in flat areas, it should not be an issue.

“I’m not telling you guys to go blow off grass from every resident that cuts it, but for whatever you cut, I’m asking you to do what you can,” said Hoffman.

“We try our best,” said Loethen.

Wankum said the bottom line is that everyone has a part to play in making the city of Meta look as good as it can.

“Just because we haven’t done something in the past doesn’t mean we can’t start doing it now,” he said. “Quite frankly, that’s the job. We don’t have to like any job, but it is what it is.”

* Fence posts at the park have been installed and new concrete poured.

* Loethen noted that Brandon Ottens is interested in purchasing the city’s pitching machine, which originally cost $1,800. An older unit bought for $100 is also available for use by teams practicing at the field, but it’s the newer model that interests Ottens. Hoffman said the item would have to be declared surplus before it could be posted for sale by bid, and aldermen agreed there would have to be a minimum bid to recoup the cost of the machine.

* One light is out at the ballpark but due to the difficulty of finding someone with the proper truck to handle changing lights at a height of 80 feet, and the fact that it is a costly venture, aldermen agreed to wait until a few more need to be changed before taking action.

* Buechter told the board that the new maintenance building is coming along nicely with Cahill’s providing an update of each part of the project.

WATER UPDATE

* City Clerk Deidra Buechter reported 411,626 gallons of water were pumped during the month of May, with 358,181 gallons sold, and 53,445 gallons of water lost, or 12.98%.

* A total of $2,725.06 in water sales were recorded, with $1,051.44 collected for trash service, $130 in late fees, and $87.29 collected in sales tax. Total charges were $3,993.79 with a previous positive balance of $292.43, and payments received in the amount of $3,881.02, leaving a positive balance of $179.66.

FINANCIAL NEWS

* In her regular monthly financial report, Plassmeyer noted income/deposits totaled $13,988.56 and debits of $77,955.51 for a balance on hand as of May 29 totaling $368,783.83; the money market balance was $139,925.78; the escrow account totaled $910; and two certificates of deposit total $51,907.78 and $122,703.39, respectively, giving the city total funds on hand of $684,225.78. A total of $77,882.12 in expenses were paid in the month of May.

* The next meeting of the board will be held at 6:30 p.m. July 8.