Judge rules against former Webb City teacher in sex case

Judge David Mouton has rejected a motion to have the case against former Webb City High School choir teacher Carrie Njoroge dismissed.

Attorneys for Njoroge, 31, said she had a constitutional right to have sex with the 18-year-old student since they were consenting adults and that the Missouri law prohibiting public school teachers from having sex with students was too vague.

According to the probable cause affidavit from the Webb City Police Department, Njoroge and the student had sex over a three-month period, including on April 15, 2014, in Njoroge's office at Webb City High School.

R-7 officials placed Njoroge on paid administrative leave April 17, 2014, and she resigned the following day, according to a statement issued by the school district.

Billy Long: I will vote to override the NDAA veto

(From Seventh District Congressman Billy Long)

In an unprecedented move, this Fiscal Year’s National Defense Authorization Act (NDAA) – a critical bill to national security and compensation for our troops – was met with a presidential veto after being sent to the Oval Office. Since it was first passed over 50 years ago, this is now only the fifth time in history that it has been unable to earn the president’s support.

Previous NDAA vetoes have centered discussion on Nimitz Class Aircraft Carrier funding, two specific missile defense policies, and a FY08 congressionally-supported veto over a late Iraq provision.

Incomparably, the White House shockingly rehashed settled issues like sequester budget cuts in 2013 and this administration’s desire to close the Guantanamo Bay detention camp (GTMO), as well as a “wide range” of other reforms as backings for this veto. As many people have already realized, this logic doesn't pass the smell test up against our government’s duties to prioritize national defense and compensation for citizens who’ve answered the call to serve.

This Administration signed off on sequestration back in 2013, which set a course to save $1.1 trillion by 2021. With this recent pivot in direction, the White House has now added the NDAA bill to the list of ways it has already tried to renege on this previous agreement.

With regard to Guantanamo, President Obama has campaigned and has threatened to close the prison since before he was even sworn into office. Despite this rhetoric, he’s never submitted a plan for closing the facility or where its detainees might be held. What’s more, this year’s NDAA contains the same restrictions on closing GTMO and transferring its inmates that the president has agreed to every year since 2010.

Perhaps most importantly though, despite any claim that the package would prevent reforms, this is the most reform-centered NDAA in decades and includes 12 of the 14 acquisition system reforms the administration asked for. Most notably, the bill extends a portable 401 (k)–designed retirement plan to 83% of troops who currently receive no retirement benefits and provides a 1.3% pay raise across the board. The bill also implements new important benefits for access to urgent care clinics and mental health providers. It also demands greater protections against sexual assault, strengthens our cyber defenses, and reinforces our mission to eradicate ISIL.

Threats in the Middle East and instabilities everywhere from East Asia to Europe call for us to stand for national security and give our military a sound foundation for success. Widespread politically-charged agendas should never overshadow those duties, and NDAA negotiations are the last place to play political games.

Before this veto, the NDAA passed the House with bipartisan support in both chambers of Congress. This cross-aisle majority of support already knows that this bill does the right things, and I find striking it down to be a deeply disappointing neglect of our patriotic duty. On November 5th, I will join the House in voting to override this veto, and will continue to put our national defense above all else.

Cleaver: Import-Export Bank helps level the playing field

(From Fifth District Congressman Emanuel Cleaver)

This week in DC we finally reauthorized the Export-Import Bank, the government agency that provides loans and insurance in support of the export of American goods and services. On Tuesday, I voted, along with 312 other Democratic and Republican colleagues in the House, to pass H.R. 597, a bipartisan bill to reauthorize the job-creating Export-Import Bank.

The Export-Import Bank helps level the playing field for American manufacturers and small businesses hoping to compete and sell their goods in foreign markets to succeed in the global economy. At absolutely no cost to you as taxpayers, the bank directly supported 164,000 American export-related jobs in the last year alone, and has created or sustained 1.5 million private sector jobs since 2007 including supporting 125 companies and 9,397 jobs in Missouri alone.

It has been nearly four months since the charter for the Export-Import Bank expired at the end of June. That is four months of lost economic opportunity for businesses large and small in the 5th District and across Missouri. On Tuesday, I proudly stood with virtually all my Democratic colleagues and over 120 Republicans to pass this bipartisan bill.

In order to make this vote possible, on October 9, after months of inaction by House Republican leaders, 175 Democrats and 42 Republicans, myself included, took historic action and signed a discharge petition to force the House Republican leadership to bring H.R. 597, reauthorizing the Ex-Im Bank, to a vote. Monday night, the House voted to discharge the bill and begin debate on the legislation. Tuesday, the House passed the bill by a vote of 313-118.

The American manufacturers and small businesses that the Ex-Im Bank supports are the backbone of the American economy. Missouri businesses, workers and the communities they support will benefit from the Bank’s reauthorization. That we had to literally force this critical legislation to the floor with a rarely successful procedural measure is disappointing, but I am glad that a number of my colleagues finally put partisan politics aside to work together to send this bipartisan bill to the Senate and then onto the President for his signature.

After 16 years, Jim Honey not seeking re-election

Jasper County Eastern District Commissioner Jim Honey has announced he will not seek a fifth four-year term.

From the KSN report:

For the last several years, Honey has been the lead commissioner when it comes to roads and bridge projects in the county.

"We all work on different areas, but that's been what I've done the last several years. I'm going to miss that," said Jim Honey, Jasper County Commissioners.

One of the first projects Honey worked on after getting elected was trying to bring the Jasper County Courthouse into the modern age. He says he and his wife want to do more traveling and spend more time with their grandchildren.

 

Bright Futures Joplin: Our work makes a difference in lives of kids every day

(The following item was posted a few minutes ago on the Bright Futures Joplin website.)

You may have heard that Bright Futures Joplin has requested to move its funds to the Community Foundation of the Ozarks. There was discussion of this matter during Tuesday night's Joplin Schools Board of Education meeting. There are still questions remaining, but some great conversation was had surrounding BF Joplin finances and how spending works during and since the meeting.

From the feedback and questions we received, we've worked hard with the Joplin Schools finance department to clarify in this updated presentation. We encourage you to take a look at it and to submit any questions/feedback you might have to us. We will be posting more information in the coming weeks, so please check back.

Please know that we are working hard to evaluate BF Joplin programming, ensuring that we are staying on mission and doing the best things possible with the resources that have been entrusted to us. Joplin kids are our #1 priority, and we are committed to making sure that every dime spent and every hour worked is to the highest benefit of Joplin kids.

Just TODAY, we were able to 1) provide food for a family in an extreme emergency situation that would carry them over until they can get to one of our local food pantries and get established on their own, 2) provide emergency clothing to five different children in the district, 3) provide a voucher for an eye exam and glasses to a student in need thanks to a partnership with LensCrafters, and 4) assist a family after the death of a beloved mother who left her children behind. This work makes a difference in the lives of kids every day. Thank you for your continued support and encouragement of these vital efforts!

Silver Lining on sale for $20 at local stores through holidays

From now through the Christmas holiday season, Silver Lining in a Funnel Cloud: Greed, Corruption, and the Joplin Tornado will be on sale for $20 at its local retail outlets.

Copies of the book are available in Joplin at Always Buying Books, Changing Hands Book Store, and The Book Guy.

The book details the events in Joplin from the May 22, 2011, tornado through the "retirement" of Joplin R-8 Superintendent C. J. Huff.

It tells the stories of how Joplin city government and the Joplin R-8 School District dealt with the tornado and the recovery, concentrating on such leading figures as Huff, Mark Rohr, Mike Woolston, David Wallace, and Angie Besendorfer.

The local stores also have copies of my other books including No Child Left Alive, Let Teachers Teach, Scars from the Tornado, 5:41: Stories from the Joplin Tornado, and Spirit of Hope available.

The price of Silver Lining has been reduced from $24.99 to $21.99 on Amazon and its Create Space website and some Amazon sellers have it priced lower.

Note to Joplin Globe: Oklahoma newspaper investigates school district

After watching as the Joplin Globe steadfastly ignored all of the problems surrounding the C. J. Huff Administration and the Joplin R-8 School District for seven years, it was refreshing to read that in other communities, the newspaper is actually willing to investigate wrongdoing by public officials.

An investigation by the newspaper in McAlester, Oklahoma, uncovered some dirty dealings in that city's school district.

That investigation by the McAlester News-Capital apparently has led to discussions to dismiss the district's superintendent:

Their desks and a conference room table are stacked with documents they've received through open records requests.

“It's been a roller coaster ride of trying to get access to the records. They did, eventually, hand over many of them, and we're pursuing more,” editor Glen Puit said. “You're talking about a school district that has tens of millions of dollars in public money, and so it's all public record, and how this taxpayer money is spent is important.”

Puit’s calculations show, in just the past few years, administrators have spent more than $300,000 in taxpayer money on travel, food, mileage and conference registrations.

“They have traveled all across the country. They've been to places like Portland, Atlanta, Nashville, Washington D.C....staying in some very nice hotels,” he said.

Money for those expenses came from a central office administrative account.

“That fund has blossomed almost tenfold in the last few years, as far as the money going into and what's been spent out of it,” Puit said.

The investigation also found Superintendent Dr. Marsha Gore, her husband, and former sister-in-law are three of the top four highest paid employees in the district.

Missouri scores stay steady on Nation's Report Card

(From the Missouri Department of Elementary and Secondary Education)

Missouri assessment scores in reading and math remained steady in 2015. However, national averages fell slightly from 2013 levels according to data released Wednesday from the National Center for Education Statistics.

The National Assessment of Educational Progress (NAEP) assesses fourth- and eighth-grade students across the country in math and reading every two years. Missouri’s 2015 scores were not statistically different than those in 2013. More than 2,000 Missouri students were tested.

Missouri’s rank improved even as its score held steady. Missouri went from 39th to 29th in fourth-grade math and from 26th to 17th in eighth-grade reading. The state held steady at 32nd in eighth-grade math and 26th in fourth-grade reading.

NAEP (often referred to as the “Nation’s Report Card”) is one measure the Department uses to assess progress toward Top 10 by 20, the state’s academic achievement initiative which aims for Missouri to be a top 10 state in education by 2020.

“NAEP results are an opportunity to assess where Missouri stands in math and reading achievement,” said Missouri Commissioner of Education Margie Vandeven. “As a state, we still have work to do in order for ALL our children to be successful in high school and post secondary education.”

Here are Missouri’s results for the percent of students scoring at or above the proficient level:
                                                                     

Grade/Subject	Missouri	National Public Schools
Fourth-Grade Reading	37 percent at or above proficient	35 percent at or above proficient
Fourth-Grade Math	38 percent at or above proficient	39 percent at or above proficient
Eighth-Grade Reading	36 percent at or above proficient	32 percent at or above proficient
Eighth-Grade Math	32 percent at or above proficient	32 percent at or above proficient

Missouri was one of 12 states that did not see a statistically significant change in any of the four areas assessed. Overall, 33 states saw a statistically significant drop in at least one area, while 13 states saw a statistically significant increase in at least one subject area.

For more information and scores, visit the NAEP website.

Weak school districts and the reliance on practice standardized tests

An editorial in today's New York Times explains why the testing  mania that has enveloped our schools has damaged education (and why President Obama was nearly seven years late in saying so):

Though the Times is still claiming that the idea under No Child Left Behind of sanctioning schools that had lower test scores, usually those in poverty-stricken areas, was a good one, its description of what clueless school officials did in their zeal to game the system, is accurate:

Congress made a reasonable decision a decade ago when it required the states to give annual math and reading tests in grades three through eight, and once in high school, in exchange for federal education aid. Schools that failed to meet performance targets for two years were labeled as needing improvement and subjected to sanctions.

But Congress could not have anticipated the reaction — more precisely, the overreaction — among school officials who, afraid of being tagged as low-performing, rolled out wave after wave of “diagnostic” exams that were actually practice rounds for the real thing. Worse still, districts often deployed primitive, fill-in-the-bubble exams that gave no sense at all of whether or not children were developing the writing and reasoning skills essential for jobs in the new economy. These junk exams are sometimes still used even after the curriculum they were based on has been abandoned.

Joplin jumped on the bandwagon during the Huff/Besendorfer era, paying $50,000 annually for Acuity, a practice test system devised by the same company that was doing the yearly MAP tests. We were forced to take weeks of classroom time giving eight tests, including one that was given after the MAP test.

In addition to those tests, we ended up giving practice tests for the practice tests since upper administration was watching the results from each of the schools. Students who were not doing well were given more practice tests to practice for the practice tests to practice for the MAP test.

The hours in which the tests were given were not the only times that students' education was damaged by the administration's allegiance to Acuity. Teachers were pulled out of class for half-days so we could score papers or compile data for upper administration.

Adding to the lunacy, we removed teachers from the classroom to meet with teachers from the other middle schools in Joplin to create curriculum that would go along with the Acuity tests.

Thankfully, Acuity is a thing of the past, but the test-taking mania continues, thanks to an ill-advised decision by the R-8 Board of Education to spend $300,000 last spring on a testing regimen that not only takes the place of Acuity, but adds grades K-2 to the grades that are being tested.

When I first arrived in the Joplin school district in 2003, we gave one practice standardized test in the fall and then the MAP test was given in the spring. Scores were on the rise in those days.

If you hire good teachers, provide them with a sound curriculum to teach and give them as many days possible with their students, the scores will take care of themselves.

Unfortunately, for many schools and for a long time Joplin has been one of them, upper administrators who lack faith in their teachers and their curriculum have to see what is essentially meaningless data to allow them to micromanage and prevent students from receiving the kind of education they deserve.

Hartzler: Paul Ryan is the right person

(From Fourth District Congresswoman Vicky Hartzler)

Congresswoman Vicky Hartzler (R-Mo.) released the following statement after the House of Representatives elected Rep. Paul Ryan (R-Wis.) to serve as its next Speaker of the House:

“Paul Ryan is the right person at the right time in our nation’s history to be Speaker of the House. The task before him is a difficult one, but I am confident he has the skills necessary to lead our team and advance our positive agenda. Having worked with him on the Budget Committee and in other areas, I have seen his leadership first-hand and know his competency and commitment to conservative solutions. I am looking forward to a new brand of leadership—one that works to unite the party and ensures all voices are heard for the betterment of our country.”

City deal with Joplin Area Chamber of Commerce on tap Monday night

COUNCIL AGENDA
November 2, 2015
6:00 P.M., Council Chambers

1.

Call To Order

Invocation
Pledge of Allegiance of the United States of America

2.

Roll Call

3.

Presentations

4.

Finalization Of Consent Agenda

5.

Reports And Communications

1.

City Tree Board Report

Gregg Wilkerson, President of the City Tree Board and Jason Grossman, with Tree Board update to Council.

6.

Citizen Requests And Petitions

7.

Public Hearings

1.

PUBLIC HEARING PROCEDURES

2.

RESOLUTION NO. 2015-019

A RESOLUTION granting a Special Use Permit (First Request) to Ron Barks for the operation of a car wash located at 1001 East 32nd Street, in the City of Joplin, Jasper County, Missouri.

Documents: SUMMARY SHEET RES 2015-019 .PDF, RESOLUTION 2015-019.PDF, SUPPLEMENTAL RES 2015-019.PDF

3.

COUNCIL BILL NO. 2015-276

AN ORDINANCE providing for the vacation of a 20-foot wide public alley easement located 175 feet north of the northwest corner of 15th Street and Range Line Road in the City of Joplin, Jasper County, Missouri.

Documents: SUMMARY SHEET CB 2015-276 .PDF, COUNCIL BILL 2015-276 .PDF, SUPPLEMENTAL CB 2015-276.PDF

4.

RESOLUTION NO. 2015-020

A RESOLUTION granting a Special Use Permit (First Request) to Missouri American Water Company for the operation of a publicly owned utilities facility located at the southwest corner of 15th Street and Delaware Avenue, in the City of Joplin, Jasper County, Missouri.

Documents: SUMMARY SHEET RES 2015-020 .PDF, RESOLUTION 2015-020.PDF, SUPPLEMENTAL RES 2015-020.PDF

8.

Consent Agenda

1.

October 19, 2015 City Council Meeting Minutes

Documents: OCT 19 COUNCIL MINUTES.PDF

9.

Resolutions

1.

RESOLUTION NO. 2015-021

A RESOLUTION recognizing James Gilchrist upon his  retirement from active service as the Transit Driver II within the City Public Works / Public Transit Division.

Documents: RES2015-021-SUMMARY SHEET.PDF, RS2015-021.PDF

2.

RESOLUTION 2015-022

A RESOLUTION authorizing the filing of a Sixth Partial Action Plan with the U.S
Department of Housing and Urban Development as required for use of the City of
Joplin’s Community Development Block Grant Disaster Recovery (CDBG-DR) Program (Round 2); and authorizing the City Manager to execute said Amendment for and on behalf of the City of Joplin. 

Documents: CDBG-DR ROUND 2 PARTIAL ACTION PLAN 6.PDF, RS 2015-022.PDF, SUMMARY SHEET.PDF, EARLY CHILDHOOD CITY PRESENTATION 10-29-15 (002).PDF, EARLYCHILDHOOD-UPDATEDPROP.PDF

10.

Ordinances - Emergency

1.

Council Bill 2015-008

AN ORDINANCE authorizing the City of Joplin to enter into an Agreement with the Joplin Area Chamber of Commerce for the purpose of providing economic development consulting services; and authorizing the City Manager to execute said Agreement by and on behalf of the City of Joplin, Missouri.

Documents: JOPLIN CHAMBER OF COMMERCE-COJ SUMMARY_CB2015-008.PDF, JOPLIN CHAMBER OF COMMERCE-COJ AGREEMENT_CB 2015-008.PDF,JOPLIN AREA CHAMBER OF COMMERCE AGREEMENT 11-15.PDF

2.

Council Bill 2015-009

AN ORDINANCE authorizing the City of Joplin to enter into an Agreement with the Joplin Sports Authority for the purpose of providing marketing services; and authorizing the City Manager to execute said Agreement by and on behalf of the City of Joplin, Missouri.

Documents: JOPLIN SPORTS AUTHORITY-COJ AGREEMENT SUMMARY CB2015-009.PDF, JOPLIN SPORTS AUTHORITY COJ AGREEMENT CB 2015-009.PDF,JOPLIN SPORTS AUTHORITY AGREEMENT 11 1 2015.PDF

3.

COUNCIL BILL NO. 2015-010

AN ORDINANCE approving a Purchase Order to be issued to SunGard OSSI to cover the annual support payment for the Public Safety and Financial software and related systems as budgeted in the Annual Budget of the City of Joplin for the Fiscal Year 2015-2016 as adopted by Ordinance 2015-168 on October 19, 2015; and containing an emergency clause.

Documents: CB2015-010 SUMMARY SHEET.PDF, CB2015-010 COUNCIL BILL.PDF, CB2015-010 INVOICE 1.PDF, CB2015-010 INVOICE 2.PDF

4.

COUNCIL BILL NO. 2015-159

AN ORDINANCE approving the contract with Bennett Inc. in the amount of Two Hundred Ninety Four Thousand Nine Hundred Sixty Five and no/100 Dollars ($294,965.00) for the Hill Street Storm Drain Improvements in the City of Joplin, Missouri; providing how the cost shall be made and levied; and containing an emergency clause.

Documents: SUMMARY-TSO617-CONSTRUCTIONCB 2015-159.PDF, CB-CONTRACTOR - HILL ST. 2015-159.PDF, BID TAB FORM.PDF, LOCATION-MAP_CB-2015-159.PDF

5.

COUNCIL BILL NO 2015-160

AN ORDINANCE approving the contract with Dalton-Killinger in the amount of Seven Hundred Sixty Eight Thousand Six Hundred Seventy One and 65/100 Dollars ($768,671.65) for the 10th & Peters Avenue Ditch and Culvert Improvements in the City of Joplin, Missouri; providing how the cost shall be made and levied; and containing an emergency clause.

Documents: CB-CONTRACTOR - 10TH PETERS 2015-160.PDF, SUMMARY-TSO614-CONSTRUCTIONCB 2015-.PDF, BID TAB FORM.PDF, LOCATION-MAP CB-2015-160.PDF

6.

COUNCIL BILL NO. 2015-527

AN ORDINANCE approving the Real Estate Contract by and between the City of Joplin, Missouri, a Municipal Corporation, and The Overland Group, LLC and/or Assigns, a Missouri limited liability company, for the sale of approximately 6,000 square feet of land at 1402 ½ 14th Street ; and authorizing the City Manager to execute the same by and on behalf of the City of Joplin; and containing an emergency clause.

Documents: CB 2015-527 SUMMARY SHEET LAND SALE 1402 14TH.PDF, CB 2015-527 ORDINANCE LAND SALE 1402 14TH.PDF, CB 2015-527 EXHIBIT A REAL ESTATE CONTRACT.PDF, CB 2015-527 EXHIBIT B AUTHORIZATION TO SHOW PROPERTY.PDF, CB 2015-527 BID FORM.PDF

11.

Ordinances - First Reading

1.

COUNCIL BILL NO. 2015-373

An Ordinance approving a change order submitted by Sapp Design Associates related to the Agreement for Architectural Services for the design of the Joplin Public Library, in the amount of Two Hundred and Ninety-Five Thousand Dollars and 00/100 ($295,000.00), for additional scoping and design services for the Economic Development Administration funded Library Project, and authorizing the Director of Planning, Development, Neighborhood Services to execute said Agreement. 

Documents: ATTACHEMENT A.PDF, CB 2015-373.PDF, SUMMARY SHEET CB 2015-373.PDF

2.

COUNCIL BILL NO. 2015-459

AN ORDINANCE approving an Agreement For Professional Architecture Consulting Services by and between Hunter & Millard Architects, Inc. and the City of Joplin, Missouri, for the amount of up to Thirty-Seven Thousand, Two Hundred Fifty Dollars and no Cents ($37,250.00), for design and other architectural services associated with the Health Department Garage/Storage facility, authorizing the City Manager to execute the same by and on behalf of the City of Joplin, Missouri; and, amending the Annual Budget of the City of Joplin for the Fiscal Year 2015-2016 as adopted by Ordinance 2015-168 on October 19, 2015.

Documents: CB2015-459-SUMMARY SHEET.PDF, SUPPLEMENTAL ITEM AGREEMENT.PDF, SUPPLEMENTAL ITEM EXHIBIT A.PDF, SUPPLEMENTAL ITEM EXHIBIT B.PDF, SUPPLEMENTAL ITEM RFQ RESPONSE.PDF, CB2015-459.PDF

3.

COUNCIL BILL NO. 2015-461

AN ORDINANCE approving an Agreement by and between the Joplin Humane Society, Inc., and the City of Joplin, Missouri, providing for animal sheltering services for the city animal control program, and, authorizing the City Manager to execute said Agreement by and on behalf of the City of Joplin, Missouri.

Documents: CB2015-461-SUMMARY SHEET.PDF, CB2015-461-COUNCIL BILL.PDF, CB 2015-461 SUPPLEMENTAL ITEM.PDF

4.

COUNCIL BILL NO. 2015-462

AN ORDINANCE amending Chapter 18, Animals, of the Joplin City Code by amending certain fees found in Section 18-144.

Documents: CB2015-462-SUMMARY SHEET.PDF, CB2015-462-COUNCIL BILL.PDF

5.

COUNCIL BILL NO. 2015-530

AN ORDINANCE repealing Section 30-121, License Classifications and Fees, of Article III, Licenses, Division II, Schedule of Fees, of Chapter 30, Businesses, of the Code of Ordinances of the City of Joplin and enacting in lieu thereof a new Section 30-121, License Classifications and Fees, of Article III, Licenses, Division II, Schedule of Fees, of Chapter 30, Businesses, of the Code of Ordinances of the City of Joplin to implement certain fee changes and make other changes; and setting a date when this Ordinance shall become effective.

Documents: CB 2015-530 SUMMARY SHEET CHAPTER 30 BUSINESS LICENSE FEE CHANGES.PDF, CB 2015-530 ORDINANCE CHAPTER 30 BUSINESS LICENSE FEE CHANGES.PDF

6.

COUNCIL BILL NO. 2015-532

AN ORDINANCE repealing Section 106-62, Inspection Fees, of Article III, Improvement Permits, and Section 106-93, Payment of Fees and Charges, of Article IV, Excavations, of Chapter 106, Streets, Sidewalks and Other Public Places of the Code of Ordinances of the City of Joplin and enacting in lieu thereof a new Section 106-62, Inspection and Permit Fees, of Article III, Improvement Permits and Section 106-93, Fees and Charges, of Article IV, Excavations, of Chapter 106, Streets, Sidewalks and Other Public Places, of the Code of Ordinances of the City of Joplin to implement certain fee changes and make other changes; and setting a date when this Ordinance shall become effective.

Documents: CB 2015-532 SUMMARY SHEET CHAPTER 106 STREETS SIDEWALKS FEE CHANGES.PDF, CB 2015-532 ORDINANCE CHAPTER 106 STREETS SIDEWALKS FEE CHANGES.PDF

7.

COUNCIL BILL NO. 2015-533

AN ORDINANCE repealing Section 34-2, Prices of lots and grave rights; charge for setting stones, of Chapter 34, Cemeteries, of the Code of Ordinances of the City of Joplin and enacting in lieu thereof a new Section 34-2, Prices of lots and grave rights; charge for setting stones, of Chapter 34, Cemeteries, of the Code of Ordinances of the City of Joplin to implement certain fee changes; and setting a date when this Ordinance shall become effective.

Documents: CB 2015-533 SUMMARY SHEET CHAPTER 34 CEMETERIES FEE CHANGES.PDF, CB 2015-533 ORDINANCE CHAPTER 34 CEMETERIES FEE CHANGES.PDF

8.

COUNCIL BILL NO. 2015-534

AN ORDINANCE repealing Section 86-5, Fees at Schifferdecker Golf Course, of Article I, In General, and Section 86-6, Fees for Parks Programs and Parks Facilities, of Article I, In General, and Section 86-251, Fees, of Article VII, Dog Parks, of Chapter 86, Parks and Recreation, of the Code of Ordinances of the City of Joplin and enacting in lieu thereof a new Section 86-5, Fees at Schifferdecker Golf Course, of Article I, In General, and Section 86-6, Fees for Parks Programs and Parks Facilities, of Article I, In General, and Section 86-251, Fees, of Article VII, Dog Parks, of Chapter 86, Parks and Recreation, of the Code of Ordinances of the City of Joplin to implement certain fee changes and make other changes; and setting a date when this Ordinance shall become effective.

Documents: CB 2015-534 SUMMARY SHEET CHAPTER 86 PARKS FEE CHANGES.PDF, CB 2015-534 ORDINANCE CHAPTER 86 PARKS FEE CHANGES.PDF

9.

COUNCIL BILL NO. 2015-535

AN ORDINANCE repealing Section 102-9, Billing and Collection Procedures, of Article I, In General, of Chapter 102, Solid Waste, of the Code of Ordinances of the City of Joplin, and enacting in lieu thereof a new Section 102-9, Billing and Collection Procedures, of Article I, In General, of Chapter 102, Solid Waste, of the Code of Ordinances of the City of Joplin to implement certain fee language changes; and setting a date when this Ordinance shall become effective.

Documents: CB 2015-535 SUMMARY SHEET CHAPTER 102 SOLID WASTE FEE CHANGE.PDF, CB 2015-535 ORDINANCE CHAPTER 102 SOLID WASTE FEE CHANGES.PDF

10.

COUNCIL BILL NO. 2015-536

AN ORDINANCE repealing Section 118-206, Billing and Collection Procedures, of Article II, Sewers and Sewage Disposal, of Division 6, Rates and Charges, of Chapter 118, Utilities, and Section 118-232, Classification of Permits, of Article II, Sewers and Sewage Disposal, of Division 7, Building Sewers, of Chapter 118, Utilities and Section 118-235, Permit fee, Connection Fee, and other Sewer Fees, of Article II, Sewers and Sewage Disposal, of Division 7, Building Sewers, of Chapter 118, Utilities, of the Code of Ordinances of the City of Joplin, and enacting in lieu thereof a new Section 118-206, Billing and Collection Procedures, of Article II, Sewers and Sewage Disposal, of Division 6, Rates and Charges, of Chapter 118, Utilities, and Section 118-232, Classification of Permits, of Article II, Sewers and Sewage Disposal, of Division 7, Building Sewers, of Chapter 118, Utilities, and Section 118-235, Permit Fee, Connection Fee, and other Sewer Fees, of Article II, Sewers and Sewage Disposal, of Division 7, Building Sewers, of Chapter 118, Utilities, of the Code of Ordinances of the City of Joplin to implement certain fee changes and other language changes; and setting a date when this Ordinance shall become effective.

Documents: CB 2015-536 SUMMARY SHEET CHAPTER 118 UTILITIES FEE CHANGES.PDF, CB 2015-536 ORDINANCE CHAPTER 118 UTILITIES FEE CHANGES.PDF

11.

COUNCIL BILL NO. 2015-537

AN ORDINANCE repealing Section 29A-2514, Fees, Article II, of Appendix 29A, of the Zoning Regulations of the City of Joplin and enacting in lieu thereof a new Section 29A-2514, Fees, of Appendix 29A, of the Zoning Regulations of the Code of Ordinances of the City of Joplin to implement certain fee changes; and setting a date when this Ordinance shall become effective.

Documents: CB 2015-537 SUMMARY SHEET ZONING REG FEE CHANGES.PDF, CB 2015-537 ORDINANCE ZONING REG FEE CHANGES.PDF

12.

COUNCIL BILL NO. 2015-538

AN ORDINANCE repealing Section 9, Filing Fees, of the Subdivision Regulations, Appendix 29B as adopted by Ordinance No. 97-161 of the City of Joplin and enacting in lieu thereof a new Section 9, Filing Fees, of the Subdivision Regulations, Appendix 29B of the City of Joplin to implement certain fee changes; and setting a date when this Ordinance shall become effective.

Documents: CB 2015-538 SUMMARY SHEET SUBDIVISION REGS FEE CHANGE.PDF, CB 2015-538 ORDINANCE SUBDIVISION REGS FEE CHANGE.PDF

13.

COUNCIL BILL NO. 2015-539

AN ORDINANCE repealing Section 6-35, Permit, Article II, Signs, of Chapter 6, Advertising, of the Code of Ordinances of the City of Joplin and enacting in lieu thereof a new Section 6-35, Permit, Article II, Signs, of Chapter 6, Advertising, of the Code of Ordinances of the City of Joplin to implement certain fee changes; and setting a date when this Ordinance shall become effective.

Documents: CB 2015-539 SUMMARY SHEET CHAPTER 6 ADVERTISING FEE CHANGE.PDF, CB 2015-539 ORDINANCE CHAPTER 6 ADVERTISING FEE CHANGE.PDF

12.

Ordinances - Second Reading And Third Reading

13.

Unfinished Business

14.

New Business

1.

NEWS FROM THE PIO

2.

CLOSED SESSION

Vote to go into closed session, which shall pertain to legal action, causes of action, or litigation including a public governmental body and any confidential or privileged communications between a governmental body or its representatives and its attorneys as set forth in Section 610.021(1) RSMo, as amended, 2014.  This meeting, record, and vote to be closed to the extent provided by law. The City Council shall adjourn at the end of the session.

Comments being taken on proposed education standards

The comment period has begun for the "new" education standards that have been created after meetings of groups across the state.

Those standards and information on how to comment on them can be found at this link.

Kim Vann: We'll keep C. J. Huff despite state budget cuts

Bright Futures USA Executive Director Kim Vann says Gov. Jay Nixon's decision to remove the $150,000 her not-for-profit organization was scheduled to receive from the state will slow the organization down, but it won't cost former Joplin R-8 Superintendent his consulting gig.

In an interview with KSN, Vann detailed Bright Futures USA's plans:

"We feel the work we do is important, so we will find a way to support those communities throughout the state of Missouri that are currently affiliated with Bright Futures," said Kim Vann, Bright Futures U.S.A. Executive Director.

She says the organization will continue to work with school districts in rural parts of Missouri to kick start their Bright Futures programs, but not as quickly as they originally planned.

"At this point, we're still evaluating how it would affect the organization over the course of the year, we're in the first quarter of our fiscal year, it will definitely cause us to change our strategy," Vann explained.

Despite the short fall, Vann says the three full time employees and one part time employee of the non for profit organization will still stay on the payroll, including former Joplin superintendent, Dr. C.J. Huff.

In a recent Joplin Globe article, Vann said the $150,000 cut eliminated 30 percent of the organization's budget. If that is the case, then somehow BFUSA has managed to find another quarter of a million dollars since its federal income tax form 990 filed in February shows it only received $250,000 total during that year, with 60 percent of it coming from Missouri taxpayers.

Bright Futures coordinator: You people need to be reasonable

Bright Futures Coordinator Melissa Winston took exception to a Turner Report post from Wednesday morning that addressed the proposal to move the organization's money from the Joplin R-8 School District to the Community Foundation of the Ozarks.

In the post, which was titled Bright Futures Plan: The Only Thing Missing is Magic Beans, it was noted that an assistant for Winston was being paid $35,000 a year, a cost that had once been paid by a grant, but was then absorbed by the taxpayers after the grant ran out.

Commenters noted that a lot of people who were not receiving snack packs could be fed for the amount of money being paid to Winston and the assistant.

Winston left the following comment this morning on that post:

Is a take home salary of $26K for a person with a Master's Degree and 20 years of experience really considered high for the level of responsibility and amount of work being done? I think we need to be reasonable here, folks.

Have people not been reasonable when it comes to Bright Futures. Readers, what do you think?

Winners and losers in tonight's Republican debate

Barring a miracle, there will not be a third President Bush this time around.

Bush, seeking to regain his footing and become the alternative to non-establishment candidates like Donald Trump, Dr. Ben Carson, and Carly Fiorina, set out to nail his fellow Floridian Sen. Marco Rubio in tonight's debate and it backfired big time.

Bush quoted a Florida newspaper that criticized Rubio for missing so many votes in the Senate and called for him to resign his Senate seat. Rubio noted that the same newspaper had failed to criticize John McCain and Barack Obama and had never called for them to resign and turned the question around on Bush.

After that, Bush vanished into the woodwork.

It was reported that Bush donors were holding back on signing the checks unless he had a strong performance in tonight's debate.

He didn't.

And he wasn't alone.

WINNERS

Chris Christie- For the second straight debate, the New Jersey governor was at the top of his game. He had one of the best one-liners in the debate when he was continually being interrupted by the CNBC moderators and said, "Even in New Jersey, what you're doing is called rude." Christie also eviscerated the moderators for a question about fantasy sports, pointing out all of the serious problems the nation was facing. "And you're asking a question about fantasy sports."

Mike Huckabee- While the former Arkansas governor is not the media darling he was in 2008, he differentiated himself from his opponents with an impassioned plea for maintaining Medicare and Social Security and the innovative idea of tackling the health care problem in the country by declaring a war on heart disease, cancer, diabetes, and Alzheimer's. Huckabee noted that such a war was declared on polio in the 1950s and now no money has to be spent on that disease. It is unlikely that he is going to be the GOP nominee, but he did nothing to put himself in danger of being the next one to be eliminated.

Marco Rubio- Rubio was prepared for everything that was thrown at him, ranging from Jeb Bush's slam to questions about his personal finances. Bush hoped to displace Rubio as the alternative to the outsiders, but the Florida senator seems firmly entrenched in that position.

Ted Cruz- Cruz solidified his position as the insider/outsider by noting how he had stood up to the people in his own party. He also got in a few good attacks on the media.

LOSERS

Jeb Bush- Three debates and he has shown nothing.

Carly Fiorina- The former Hewlett-Packard CEO has fallen a long way since her triumphant performance in the last debate. After an initial bump in the polls, she vanished. I was surprised to learn that she actually had more speaking time than any of the candidates tonight. She certainly did not use it well. Nothing she said stood out and her time at Hewlett-Packard was torn apart by a CNBC questioner.

Ben Carson- It probably will not hurt him, but he really had no good answers for any of the questions.

CNBC- A debate on economics with the business station serving as moderators and those were the best questions they could come up with.

Joe Buck and Harold Reynolds- I was turning it back and forth between the debate and the World Series. Is there a more smug announcer in sports than Joe Buck or a worse one than Harold Reynolds.?

Donald Trump- Same as Ben Carson. Trump was Trump, so it probably won't hurt him a bit, but he had some terrible answers, mainly coming down to the idea that things will get better if he is elected because he is so much better than everyone else.

John Kasich- His answers were not bad, but I am sick of hearing him say the same thing over and over. This is what he did in Florida and he balanced the budget when he was in the Senate. Say it once or twice, John and then hint at it the rest of the time.

Other

Rand Paul-  Rand Paul was given the least time to speak of any of the candidates, but was able to maintain his Libertarian philosophy in the little time he was given. I do not put him with the losers, though I have already heard the pundits say it is time for him to get out of the race. I fully expect that while the other candidates have been getting the publicity (and the speaking time), Paul has been using the same approach his father took, organizing and preparing to make strong showings in the caucus states. Ron Paul was able to stay in the race until the end in 2012. In this race, that type of strategy could give Rand Paul staying power.

Mommy and daddy paying David Wallace's attorneys

David Wallace has gone through millions of dollars of other people's money over the past few years, including allegations that he raider his children's trust fund and now that he needs $5,000 to hire a law firm he has found another source of money- his parents.

A statement from Wallace's new attorney was filed September 28 in U. S. Bankruptcy Court for the Southern District of Texas. Wayne Kitchens of the firm of Hughes Watters Askanase LLP said he had been hired by David Wallace's parents and that the $5,000 was just the beginning.

"We will in all likelihood require and receive additional funds necessary to maintain such services."

Wallace, the former master developer for the City of Joplin, filed for Chapter 7 bankruptcy March 24. Since the judge opened the door for adversary lawsuits against Wallace, five such actions have been filed, with claims that Wallace committed fraud and operated Ponzi schemes.

Former Royal Heights principal's lawyer explains why lawsuit should continue

The lawsuit filed by former Royal Heights Principal Larry Masters against three former Joplin R-8 officials is scheduled to come to trial next month- unless the judge throws it out before then.

Judge Gayle Crane is scheduled to hear a motion by attorneys representing former Superintendent C. J. Huff and former assistant superintendents Angie Besendorfer and Steve Doerr for summary judgment November 4.

As noted earlier in the Turner Report, the motion for summary judgment filed by Joplin attorney Karl Blanchard said Masters was removed from his position in 2010 after already signing a contract for the following year because he had "bullied" and "intimidated" teachers.

According to the motion, this information surfaced following an investigation of "allegations about MAP testing improprieties."

During the investigation, according to the motion, Doerr and former Curriculum Director Chris Templeton discovered that Masters and a teacher, Kristi Stuck, were creating a "negative and intimidating" environment. The two interviewed every teacher in the building to reach their conclusions, according to the document.

Doerr indicated that Masters had been cited for problems during his prior evaluations and that Masters was not being singled out, since Doerr had been involved in the removal of two other principals for problems with the "general building environment."

In a response filed October 19 in Jasper County Circuit Court, Springfield attorney Raymond Lampert, who is representing Masters, refuted Blanchard's points.

The record in this matter shows that there remain genuine issues of material fact that would preclude the entry of summary judgment for the defendants in this matter. Defendants have raised five points in support of their motion:

1. That the record contains no evidence of ill will

2. That the defendants made no misrepresentations or improper acts

3. That there is no evidence that the defendants acted without justification

4. The defendants are protected by official immunity, and

5. Because there is no underlying text, there is no basis to find a civil conspiracy.

The record shows that there is sufficient evidence to support each element of the plaintiff's claim and therefore summary judgment is inappropriate.

Plaintiff Masters had been offered a contract to continue his term as a principal of Royal Heights Elementary in Joplin by the Board of Education in 2010. Immediately following this, Defendant Doerr began investigating alleged improprieties involving the administration of the MAP test at Royal Heights Elementary. When the investigation failed to uncover any wrongdoing on the part of Plaintiff Masters, Doerr instead began to interview the teachers at Royal Heights about allegations of "bullying" and "intimidation."

As the deposition excerpts above show, this investigation also failed to uncover any tangible evidence of wrongdoing on the part of Larry Masters. Rather, the investigation found vague allegations that some teachers stated they felt intimidated by one of Masters' subordinates, Kristi Stuck. Again, as the deposition excerpts show, none of the complaints involved allegations of misconduct or even any specific wrongful acts on the part of Ms. Stuck or Mr. Masters.

Although Masters was not personally aware of the statements the Defendants made to the Board because said statements were made in a closed meeting without him personally present, Defendant Doerr did testify as to his own statements to the Board.

When asked about his report to the Board of Education, Mr. Doerr testified that he recommended that the Board rescind its offer of employment to Mr. Masters because "there was a lot of unrest in the building and that the climate was not conducive to a positive learning environment."

This report was based solely on allegations that certain teachers at Royal Heights had negative feelings about one of Mr. Masters' subordinates. Based on this, Dr. Doerr recommended that Mr. Masters be demoted from his position and lose his status as a principal.

A finder of fact could reasonably conclude that Dr. Doerr acted with malice and without justification in making such a recommendation after having failed to uncover any evidence of wrongdoing on the part of Mr. Masters or any evidence that he had permitted Kristi Stuck to take any improper or wrongful action.

Likewise, if a finder of fact determines that Dr. Doerr acted in bad faith, then that would defeat his claim of official immunity and the Defendants' claim that there is no evidence of civil conspiracy.

There is sufficient evidence in the record to show that the Defendants made a decision to remove Larry Masters from his position as a principal or Royal Heights Elementary. When Doerr was unable to uncover any evidence that Masters had committed any wrongdoing with the MAP test, he instead decided to find a reason involving allegations that teachers had negative feelings toward Kristi Stuck, and that therefore Masters should be removed because of those feelings, absent any solid testimony that either Masters or Stuck had actually taken action to "bully" or "intimidate" any of the teachers.

This recommendation was supported by the co-Defendants, who were present at and participated in the decision in front of the school board. Summary judgment is therefore inappropriate and the Defendants' motion should be denied.

The trial is scheduled for November 29.