REGULAR MEETING

         5/07/07                                                     

 

THE GRAND JUNCTION BOARD OF MAYOR AND ALDERMEN MET ON MAY 7, 2007. PRESENT WERE MAYOR CURTIS LANE, ALDERMEN JOHN BARRY, FRANK BELL, NICK EDWARDS, PERRY LANE, AND CHERYL SMITH. JERRY SMITH WAS ABSENT.  AFTER THE ROLL CALL AND PRAYER, THE MEETING WAS CALLED TO ORDER.  MINUTES OF THE APRIL MEETING WERE READ AND APPROVED. BILLS PAYABLE WERE APPROVED ON A MOTION MADE BY PERRY LANE AND SECONDED BY FRANK BELL.

 

DEPARTMENT REPORTS

 

WATER/SEWER REPORT:

FRANKLIN STANFORD – WATER LINE INSTALLATION IS ALMOST COMPLETE. BECAUSE OF THE SMALL NUMBER OF VEHICLES AND EQUIPMENT TO BE DISPOSED OF, THE CITY WILL ASK FOR SEALED BIDS RATHER THAN HOLD AN AUCTION. THE REMAINDER OF THE GRANT MONEY WILL BE SPENT TO BUY METERS, ETC.

 

POLICE DEPT.:

MAYOR LANE – ROUTINE

 

FIRE DEPT.: NO REPORT

 

ALDERMEN’S REPORTS

 

LIBRARY:

JOHN BARRY – OPEN HOUSE AND BOOK SIGNING WERE SUCCESSFUL.

 

PROPERTY MAINTENANCE:

NICK EDWARDS – DAY CARE GRASS NEEDS CUTTING. CARROLL PROPERTY IS LOOKING BETTER.

 

FINANCIAL:

PERRY LANE – TRUSTEES OF THE CEMETERY TO THE WEST OF THE CITY PARK WOULD LIKE TO BUY PART OF THE PARK TO ENLARGE THEIR CEMETERY. LANE TOLD THEM THAT SINCE THE PARK WAS FINANCED WITH A GRANT, THE CITY COULD NOT SELL IT. HOWEVER, HE ASKED THE BOARD TO CONSIDER LETTING THEM HAVE A LITTLE LAND NORTH OF THEIR CEMETERY. NO ACTION WAS TAKEN.

 

EVENTS:

CHERYL SMITH – RESPONSE TO THE RE-ENACTMENT WAS POOR, BUT IT COST THE CITY NOTHING.  SHE APOLOGIZED FOR THE NIGHTTIME FIRING OF THE CANNONS.  SHE WOULD NOT BE IN CHARGE OF SUCH AN EVENT AGAIN.

 

MAYOR LANE SAID THAT THE CITY NEEDS TO RE-EVALUATE CITY EVENTS. HE ALSO TOLD OF EFFORTS TO RECOGNIZE THE CONTRABAND CAMP WHICH WAS BEGUN IN GRAND JUNCTION IN 1862 AND LATER BECAME THE FREEDMAN’S BUREAU.

 

PARK AND BEAUTIFICATION:

FRANK BELL – ROUTINE

 

NEW BUSINESS

 

ALICIA BRIDGES ASKED THE BOARD FOR PERMISSION TO USE THE COMMUNITY CENTER FOR A BOY SCOUT MEETING PLACE. SHE HOPES TO START A SOCCER TEAM AND ALSO HAVE THE SCOUTS TO HELP CLEAN UP THE TOWN. SHE ALSO NEEDS VOLUNTEER MEN TO HELP. RICHARD KEE VOLUNTEERED TO BE PART OF A COMMITTEE. MAYOR LANE TOLD BRIDGES THAT THE CITY COULD NOT HELP FINANCIALLY.

 

MOTION BY PERRY LANE THAT THE BOY SCOUTS BE ALLOWED USE OF THE COMMUNITY CENTER FOR THEIR MEETINGS. SECONDED BY CHERYL SMITH. PASSED ON A VOICE VOTE.

 

 

GENE MILLS, DIRECTOR OF THE HARDEMAN COUNTY SOLID WASTE AND ANIMAL CONTROL DEPARTMENT, ADDRESSED THE BOARD. HE IS TRYING TO FORM A SOLID WASTE COMMITTEE AND ASKED FOR SUPPORT. IN RESPONSE TO A QUESTION FROM THE MAYOR, MILLS SAID HE IS WORKING ON FINDING A PLACE FOR A CONVENIENCE CENTER NEAR GRAND JUNCTION. THEN IT WILL BE PRESENTED TO THE SOLID WASTE BOARD.

 

OLD BUSINESS

 

PROPOSED PIT BULL ORDINANCE WAS TABLED UNTIL THE JUNE MEETING.

 

CITIZEN CONCERNS

 

EDWARDS AGAIN MENTIONED SPEEDING ON TIPPAH ST.  MAYOR LANE SAID HE HAD HAD COMPLAINTS ABOUT GROUPS OF YOUNG PEOPLE WALKING IN THE STREET. MARY FRYER COMPLAINED ABOUT YOUNG PEOPLE CONGREGATING AROUND THE ELEMENTARY SCHOOL AT NIGHT. MAYOR LANE SAID THAT THE POLICE DEPT. IS WORKING ON SOME IDEAS TO EASE THE PROBLEMS.

 

PERRY LANE REPORTED THAT PEOPLE RENTING THE COMMUNITY CENTER WERE DIS-SATISFIED WITH THE FACT THAT THEY HAD TO LOCATE A POLICEMAN TO OPEN AND CLOSE THE CENTER. MAYOR LANE PROMISED TO ADDRESS THE PROBLEM.

 

LORIE RICE EXPRESSED HER VIEW THAT THE RE-ENACTMENT COMMITTEE HAD WORKED HARD AND WERE DISTRESSED TO HEAR THAT THERE WAS A PROTEST AGAINST THE EVENT. MAYOR LANE SAID THAT HE HAD HAD COMPLAINTS, ESPECIALLY CONCERNING THE LATE-NIGHT CANNON FIRE. WE MUST WORK TOGETHER.

 

STARTING IN JUNE, THE MAYOR WILL BE IN HIS OFFICE EVERY WED. NIGHT TO ADDRESS ANY CITIZEN CONCERNS.

 

CHERYL SMITH ASKED IF THE CITY SENDS NEW HIRES TO BE DRUG TESTED. THE MAYOR ANSWERED IN THE AFFIRMATIVE.

 

THE MEETING WAS ADJOURNED.

 

 

 

 

MAYOR                                                                                                   RECORDER


 

CALLED MEETING

5/14//07

 

ROLL CALL:

PRESENT:  MAYOR CURTIS LANE, ALDERMEN JOHN BARRY, FRANK BELL, NICK EDWARDS, PERRY LANE, CHERYL SMITH, JERRY SMITH.

 

ALSO PRESENT WERE CITY ATTORNEY CHARLES CARY, A REPORTER FROM CHANNEL 3 NEWS, AND A LARGE GROUP OF LOCAL CITIZENS.

 

PRAYER: REV. JIM MCKINNEY                                                            

 

MAYOR LANE EXPLAINED THAT ONLY MEMBERS OF THE BOARD, POLICE CHIEF PAT RYAN, AND POLICE OFFICER ROBERT COLLETT WOULD BE ALLOWED TO SPEAK AT THIS MEETING.  LANE GAVE A SYNOPSIS OF RECENT EVENTS IN THE CITY. VICE MAYOR CHERYL SMITH AND HER HUSBAND HAD BEEN ISSUED CITATIONS BY OFFICER ROBERT COLLETT FOR DRINKING BEER AT THE CITY PARK. THEN SHE HAD PRESENTED THE MAYOR WITH COPIES OF SOME PORNOGRAPHIC PICTURES FROM THE INTERNET THAT ALLEGEDLY DEPICTED OFFICER COLLETT. SHE HAD INSISTED THAT COLLETT BE FIRED.

AFTER CONSULTING WITH CITY ATTORNEY CHARLES CARY, CHIEF RYAN WAS ASSURED THAT NO CRIME HAD BEEN COMMITTED AND THERE WERE NO GROUNDS TO DISMISS THE OFFICER. SMITH HAD THEN DISTRIBUTED THE PICTURES TO ALL THE ALDERMEN.

 

MAYOR LANE THEN RECOGNIZED THE CITY ATTORNEY, CHARLES CARY, WHO ADDRESSED THE BOARD. CARY URGED CAUTION WHEN CONSIDERING TERMINATING AN OFFICER..  ONE CANNOT USE HIS/HER POSITION TO VINDICATE HIMSELF/HERSELF.  HE SAID THE TIMING SEEMED SUSPICIOUS IN THIS CASE.  EVEN THOUGH EMPLOYMENT-AT-WILL IS THE APPLICABLE POLICY, THE CITY CAN STILL NOT TERMINATE SOMEONE FOR POLITICAL REASONS.  HE GAVE THE BOARD MEMBERS COPIES OF THE APPLICABLE STATUTES.

 

PERRY LANE ASKED IF THE CITY’S SIX-MONTH PROBATION PERIOD APPLIED. CARY SAID YES, BUT THAT CERTAIN INSTANCES OF DISMISSAL STILL WOULD NOT HOLD UP.

 

THEN POLICE CHIEF PAT RYAN TOOK THE FLOOR. HE SAID HE WAS HIRED TO UPHOLD THE LAW, AND THAT NO ONE WAS ABOVE THE LAW.  AFTER THE SMITHS WERE ISSUED CITATIONS, THEY THREATENED RYAN’S, COLLETT’S, AND ASSISTANT CHIEF TERRY MATHEWS’ JOBS.  RYAN SAID THAT HE BELIEVES POLICEMEN HAVE AN IMAGE TO MAINTAIN. HE DOES NOT CONDONE SOME INTERNET ACTIVITY. THE PACKET THAT SMITH HAD BROUGHT THE MAYOR CONTAINED SOME FALSE INFORMATION, SUCH AS DATES AND AGES. MOST OF THE PICTURES DID NOT SHOW THE MAN’S HEAD, SO HE COULD NOT BE IDENTIFIED.  OFFICER COLLETT HAD ADMITTED THAT ONE PICTURE WAS INDEED HIM, BUT THE OTHERS WERE NOT. 

 

THEN COLLETT APOLOGIZED TO THE BOARD OF MAYOR AND ALDERMEN.  HE EXPLAINED THAT MY SPACE WOULD NOT ACCEPT NUDITY OR PROFANITY.  HE HAD THE PICTURES REMOVED FROM THE SITE IMMEDIATELY ONCE HE WAS INFORMED THAT THEY WERE THERE.  

 

EDWARDS ASKED COLLETT IF HE HAD MADE UNWELCOME ADVANCES TO SOME WOMAN IN TOWN.  COLLETT ANSWERED NO.

 

PERRY LANE EXPLAINED THAT HE RESENTED BEING PUT ON TV.  HE WANTED TO KNOW WHO NOTIFIED THE MEDIA. 

 

PERRY LANE THEN ASKED THE CHIEF IF IT WAS POLICY FOR AN OFFICER TO CALL RYAN BEFORE CITING A MAYOR OR ALDERMAN.  RYAN REPLIED THAT NO SUCH POLICY EXISTS.  IF A PUBLIC FIGURE IS INVOLVED, THE OFFICER CALLS THE CHIEF AS A MATTER OF RESPECT.  THEY ALSO LET HIM KNOW IF THERE IS A CHANCE OF AN ALTERCATION.

 

WHEN QUESTIONED ABOUT THE TIME LINE, COLLETT EXPLAINED THAT HE WAS CALLED TO A WRECK ON PARK SWAIN RD. BEFORE HE COULD WRITE THE CITATIONS, SO HE CAUGHT UP WITH THE SMITHS LATER AT MIKE RICE’S HOUSE AND ISSUED THE CITATIONS THERE.

 

EDWARDS SAID THAT SMITH VIOLATED THE LETTER OF THE LAW, BUT NOT THE INTENT OF THE LAW. 

 

CHIEF RYAN EXPLAINED THAT HE AND MAYOR LANE HAD BOTH SPOKEN TO COLLETT’S FORMER EMPLOYER. HE HAD TOLD THEM THAT COLLETT WOULD BE A GOOD OFFICER.  HE WAS LET GO FROM WHITEVILLE BECAUSE HIS PERFORMANCE HAD DETERIORATED WHILE HE WAS GOING THROUGH A DIVORCE. 

 

EDWARDS SAID HE HAD HAD COMPLAINTS ABOUT OFFICERS NOT BEING COURTEOUS.  CHIEF RYAN SAID IF ANYONE HAS A COMPLAINT, THEY NEED TO MAKE A WRITTEN REPORT.  HE WOULD THEN INVESTIGATE.

 

CHERYL SMITH TOLD THE BOARD THAT SHE APOLOGIZED TO COLLETT AFTER THE INCIDENT IN THE PARK.  SHE HAD HEARD COMPLAINTS ABOUT COLLETT, SO SHE SEARCHED ON THE INTERNET AND FOUND THE INFORMATION THAT SHE HAD DISTRIBUTED TO THE BOARD.  SHE ASKED RYAN IF HE HAD MADE MIKE RICE, A WITNESS TO THE PARK INCIDENT, WRITE HIS STATEMENT THREE TIMES.

 

CHIEF RYAN EXPLAINED THAT HE HAD TO ASK RICE TO REDO HIS ORIGINAL STATEMENT BECAUSE HE DID NOT INCLUDE ALL PERTINENT INFORMATION.

 

CHERYL PROTESTED THAT SHE HAD MADE A MISTAKE, SHE HAD LIVED HERE TWELVE YEARS, AND THE BOARD SHOULD GIVE HER THE BENEFIT OF THE DOUBT RATHER THAN POLICE OFFICERS WHO HAD BEEN HERE LESS THAT SIX MONTHS. 

 

RESPONDING TO A QUESTION FROM EDWARDS, MAYOR LANE SAID THAT NO ACTION WOULD BE TAKEN AT THIS MEETING.  HE WAS JUST GIVING THE ACCUSED A CHANCE TO FACE HIS ACCUSER.  HE CONTINUED THAT THE CITY NEEDS TO PUT THIS ALL BEHIND THEM AND FOCUS ON POSITIVE THINGS GOING ON IN TOWN.

 

THE MEETING WAS ADJOURNED.

 

 

 

MAYOR                                                                                        RECORDER


CALLED MEETING 5/21/07

 

ROLL CALL: PRESENT: MAYOR CURTIS LANE, ALDERMEN JOHN BARRY, FRANK BELL, NICK EDWARDS, CHERYL SMITH, AND JERRY SMITH.. ABSENT: PERRY LANE.

PRAYER BY JOHN BARRY.

MAYOR LANE CALLED THE MEETING TO ORDER AND EXPLAINED THE PURPOSE OF THE MEETING. HE HAD TALKED WITH CITY ATTORNEY CHARLES CARY ON 5/18/07. IN RESPONSE CARY SENT THE MAYOR A LETTER EXPLAINING THAT THE MAYOR AND ALDERMEN HAVE QUALIFIED IMMUNITY WHEN DISCUSSING CITY BUSINESS IN AN OFFICIAL CITY MEETING. INDIVIDUAL BOARD MEMBERS DO NOT HAVE IMMUNITY WHEN DISCUSSING MATTERS OUTSIDE OF OFFICIAL CITY FUNCTIONS.

A CIVIL ACTION FOR SLANDER OR OFFICIAL MISCONDUCT MAY BE BROUGHT AGAINST INDIVIDUAL ALDERMEN WHEN THERE IS NO IMMUNITY AND FOR ACTIONS TAKEN AT MEETINGS OF THE BOARD OF MAYOR AND ALDERMEN WHEN THE PURPOSE IS IMPROPER, SUCH AS FOR VINDICTIVE REASONS.

THE MAYOR AND ALDERMAN SHOULD BE VERY CAREFUL THAT ANY STATEMENTS MADE BY THEM ARE ENTIRELY FACTUAL AND MADE ONLY IN AN OFFICIAL MEETING AND EVEN THEN THAT NO ACTION IS TAKEN AGAINST ANY EMPLOYEE FOR AN IMPROPER PURPOSE.

AFTER READING THE LETTER, MAYOR LANE ADJOURNED THE MEETING.