Thursday, January 03, 2019

Agenda posted for Joplin City Council meeting

JOPLIN CITY COUNCIL AGENDA
Monday, January 7, 2018
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

6.

Citizen Requests And Petitions

1.

Brian Handshy, 930 Kehrs Mill Rd, Ballwin, MO Would Like To Speak In Consideration Of The City Of Joplin Joining The Missouri Clean Energy District To Allow Commercial Property Owners To Utilize PACE Finance.

7.

Public Hearings

1.

Public Hearing Procedures

Documents:


2.

CASE 042-18 - SURPLUS PROPERTY

Declaration of Surplus Property at 1524 S. Moffet Avenue.
3.

CASE 043-18 - DECLARATION OF SURPLUS PROPERTY

  A request to declare surplus property – 2302 S. Harlem Ave. 
4.

RESOLUTION NO. 2019-001

A RESOLUTION granting a Special Use Permit (1st Request) for the operation of a home beauty parlor at 2337 Zora Avenue, in the City of Joplin, Jasper County, Missouri.
8.

Consent Agenda

1.

December 17, 2018 Informal Meeting Notes

2.

Minutes Of The December 17, 2018 City Council Meeting

Documents:
  1. DEC 17. 2018.PDF
3.

COUNCIL BILL NO. 2018-275

AN ORDINANCE authorizing the City council to issue the abatement of ad valorem taxes to real property located in the Joplin Area Enhanced Enterprise Zone; generally described as located at 2205 S. Prigmore Rd. and owned by Crossroads Realty, LLC.
Documents:
  1. CB2018-275.PDF
4.

COUNCIL BILL NO. 2018-416

AN ORDINANCE approving an Agreement between the City of Joplin, Missouri, and Economic Security Corporation of Southwest Area that pertains to 2018 HOME funds; authorizing the City Manager or his designee to execute same on behalf of the City.
Documents:
  1. CB2018-416.PDF
9.

Resolutions

10.

Ordinances - Emergency

1.

COUNCIL BILL NO. 2019-100

AN ORDINANCE approving Amendment 1 to Work Authorization GBA-CIST-TC607, for additional services with George Butler Associates Inc in the not to exceed amount of Fifty-Three Thousand Eight Hundred Sixty and no/100 Dollars ($53,860.00) for the 44th Street Widening Project funded through the capital improvement sales tax and containing an emergency clause.
2.

COUNCIL BILL NO. 2019-101

AN ORDINANCE approving the City of Joplin to enter into an agreement with Sprouls Construction Inc., in the amount of Two Hundred Four Thousand Nine Hundred and no/100 dollars ($204,900.00) for construction of the Manhole Casting Replacements in Streets Project; and authorizing the City Manager or his designee to execute the same by and on behalf of the City of Joplin; and containing an emergency clause.
3.

COUNCIL BILL NO. 2019-102

AN ORDINANCE authorizing the City of Joplin to enter into an agreement with American Airlines, Inc. for the purpose of guaranteeing minimum revenue in an amount not to exceed Six Hundred Thousand and 00/100 Dollars ($600,000.00) for regularly scheduled air passenger service between Joplin Regional Airport and Chicago O’Hare International Airport; authorizing the City Manager to execute the same by and on behalf of the City of Joplin; and containing an emergency clause. 
4.

COUNCIL BILL NO. 2019-103

AN ORDINANCE authorizing the City of Joplin to enter into an agreement with the Joplin Area Chamber of Commerce Foundation for the purpose of sharing liability for the air service agreement minimum revenue guaranty by and between the City of Joplin and American Air Lines, Inc. in an amount not to exceed Six Hundred Thousand and 00/100 Dollars ($600,000.00) for regularly scheduled air passenger service between Joplin Regional Airport and Chicago O’Hare International Airport; authorizing the City Manager to execute the same by and on behalf of the City of Joplin; and containing an emergency clause
5.

COUNCIL BILL NO. 2019-350

AN ORDINANCE approving the contract by and between the City of Joplin and Big Johns for the demolition of the structure(s) and clearing of lot area located at 1224 Roosevelt Ave. in the City of Joplin, Missouri, for Three Thousand Five Hundred Ninety-Nine and 00/100 Dollars ($3,599.00); providing how the cost thereof shall be paid; how the assessment thereof shall be made; and containing an emergency clause.
6.

COUNCIL BILL NO. 2019-351

AN ORDINANCE approving the contract by and between the City of Joplin and Big Johns for the demolition of the structure(s) and clearing of lot area located at 315 E. Markwardt St (315 E. 13TH St.). in the City of Joplin, Missouri, for Two Thousand Nine Hundred and 00/100 Dollars ($2,900.00); providing how the cost thereof shall be paid; how the assessment thereof shall be made; and containing an emergency clause.
11.

Ordinances - First Reading

1.

COUNCIL BILL NO. 2019-250

AN ORDINANCE establishing grades and accepting the Plat of Standeford-Russow located at the northwest corner of Schifferdecker Avenue and 24th Street in the City of Joplin, Jasper County, Missouri.
2.

COUNCIL BILL NO. 2019-600

AN ORDINANCE establishing the Joplin Youth Council as an official advisory board to the Joplin City Council.
12.

Ordinances - Second Reading And Third Reading

1.

COUNCIL BILL NO. 2018-027

AN ORDINANCE authorizing the City of Joplin to amend the Memorandum of Understanding and Agreement with Connect2Culture previously approved as Ordinance 2017-149 for the purpose of extending timeframes and authorizing the City Manager to execute the same by and on behalf of the City of Joplin.
Documents:
  1. CB2018-027.PDF
13.

Unfinished Business

14.

New Business

1.

CASE 040-18 - SITE PLAN

Case 040-18: 2920 E 22nd Street – A request for a Site Plan Review to construct a parking lot –
Foundation 13, LLC .
2.

BOARDS/COMMISSIONS REAPPOINTMENTS

The following board members are eligible for reappointment to their respective boards:
CVAB: Denise DuBois
PARKS & REC: Jennifer Martucci
3.

News From Public Information Officer Lynn Onstot

Jalen Vaden issues statement, says he takes responsibility, but adds earlier confession not accurate or truthful

The following statement was issued by Jalen Vaden's attorney Tracey Martin, on behalf of her client, following today's plea hearing in which Vaden pleaded guilty and was sentenced to 22 years in prison for felony child abuse resulting in a death.

Jalen has authorized me to make a statement on his behalf following his guilty plea.

Jalen continues to assert that his "confession" was not accurate or truthful.

However, he does take responsibility for a reckless, tragic accident that resulted in the death of a beautiful child. He feels extreme guilt and remorse for all of the families and individuals that continue to grieve for that precious little girl.

(The complete report on Jalen Vaden's plea hearing)

It has taken a lot of time to look at every piece of evidence and follow every lead. After a thorough review of the evidence, and the additional medical evidence only released last month, it became clear that Jayda's death was the result of reckless action.



Jalen had no intent to hurt or injure Jayda and unfortunately, that does not change the outcome.

He wants to personally apologize to both the Kyle and McPherson families for their loss. He also is disgusted by how the families have been treated on social  media, and asks that people allow the families to process their loss without any further bullying or mistreatment on social media or otherwise.

While this is certainly not the outcome many hoped for, we promised to thoroughly review every aspect of this case to confirm that we found the truth.



While there may be unanswered questions, we have done all we can do to find and stand on the truth. Jalen hopes that taking responsibility will allow the families and the community to move toward healing.

Unfortunately, this case resulted in a number of hurtful, inaccurate facts being shared. We hope this resolution will end the speculation and gossip that has hurt so many.

Jalen hopes the three families can heal and work together in spite of him, so that the two young boys can be reunited as brothers. They lost their sister and extended family members.

There has been enough heartbreak.

Jalen believes it is time to allow these families to heal, hopefully together, for the boys.

Jalen Vaden pleads guilty to felony child abuse, sentenced to 22 years, murder charge dropped

Jalen Vaden pleaded guilty to felony child abuse resulting in the death of three-year-old Jayda Kyle this afternoon in Jasper County Circuit Court and was sentenced to 22 years in prison.

The plea came as a result of an agreement with the Jasper County Prosecuting Attorney's office in which the second degree murder charge against Vaden was dropped.

Because of the nature of the crime, Vaden, 23, will be required to serve at least 85 percent of the time before he becomes eligible for parole. He will not be eligible for probation at any time.



Vaden, wearing a Jasper County Jail orange jumpsuit and shackled, answered a series of questions from Greene County Circuit Court Judge Michael Cordonnier on whether he understood every aspect of the plea and the rights he is giving up by entering it in a soft monotone, replying "Yes, sir," to each of the questions.

"Do you realize if you plead guilty your right to a trial will be lost forever?" Cordonnier asked.

(The statement released by Jalen Vaden and his attorney after the plea hearing can be found at this link.)

"Yes sir."

Jasper County Prosecuting Attorney Theresa Kenney detailed the evidence that would have been presented if Vaden had gone to trial.

The familiar details from the original probable cause statement were recounted, but Kenney also added others which explained why investigators zeroed in on Vaden rather than the other adult who was in the home at 405 Meadow Lake Drive in Carl Junction the night of November 27, 2017, Jayda's mother, Devyn Kyle.

When Carl Junction Police Department officers arrived, emergency medical personnel were already working on Jayda, Kenney said.

Vaden had blood on his shirt and there was blood on the floor in the child's room as well as on the bed.

After it was determined that Jayda Kyle's death, which occurred December 1 after she had been airlifted to Children's Mercy Hospital in Kansas City, did not come as a result of any medical condition, but rather from abuse, investigators questioned Vaden and Kyle separately after advising them of their Miranda rights.



Kenney said that in the videotaped interview, Vaden told officers he did not intend to hurt Jayda, but "he just snapped."

Vaden demonstrated on a doll what he had done to the child, including throwing her on the floor and causing her to hit her head, Kenney said, and then officers left the room as Vaden wrote on a piece of paper a description of the exact locations in the child's room where the incidents of abuse had taken place.

Vaden's descriptions of what he had done to Jayda and where he had done it matched up completely with the physical evidence from the crime scene and the medical evidence, Kenney said.

As the prosecuting attorney described Vaden's actions, he stared straight ahead not showing any emotion.



Jasper County Juvenile office documents dated November 30, 2017 revealed that Jayda Kyle was likely already brain dead when she arrived at Children's Mercy Hospital, but she was not stable enough for doctors to do the test. The doctors were able to determine that she appeared to have no brain activity:

"Initially, the ED doctor stated he believed the child had suffered an aneurysm. Jayda was then seen by a neurosurgeon with the SCAN team who reported the amount of brain bleed and retinal damage is non-natural causes."





The tests showed that Jayda had a severely torn retina. The doctors determined that the child would be blind if by some miracle if she survived.

Medical personnel were in and out of Jayda's room Nov. 29 as she kept coding, according to the report. She was officially pronounced dead December 1.

Vaden insisted in a five-page letter sent from the Jasper County Jail to Jayda Kyle's father, Mackenzie Kyle, in January 2018 that he did not commit the murder..

"I've prayed for you everyday since I got to this hell hole," Vaden said. "I pray that you know I didn't do this to (Jayda)."



Vaden wrote about how being with Mac Kyle's children and his own son had turned him into a better person.

"They were teaching me way more than I thought I was teaching them. They softened my heart and showed me what real love is."

Vaden added, "Those babies were my life and I have you to thank for that."

During the questioning form Judge Cordonnier, Vaden, under oath, acknowledged that he had done everything the prosecuting attorney said he did.

Kenney said the family of Jayda Kyle, some of whom were in the courtroom, were fully informed about the plea agreement.

Cordonnier asked if family members had any impact statements. Kenney said they did not wish to make any statements.

Fate of Sears may be decided during Friday bankruptcy court hearing

A federal bankruptcy court could determine the future of Sears stores, including the anchor store at Joplin's Northpark Mall during a hearing Friday.

The judge has to weigh numerous bids for Sears' assets, with most of them coming from liquidating companies.


Two bids that would enable Sears stores to remain open were submitted by current CEO Eddie Lampert. One would trim the number of stores to 450, with an alternative bid bringing the number down to 250 stores.

The Lampert bids are the only one that would keep Sears operating.





Billy Long tweet: Mitt Romney is a pathetic loser

Seventh District Congressman Billy Long was one of those who came to the defense of President Donald Trump after incoming Utah Sen Mitt Romney criticized Trump in a Washington Post op-ed.

"Mitt Romney hasn't changed from the pathetic loser that gave us @BarackObama 2.0 in 2012. Wore blue jeans everyday on the trail and each time looked like first day ever to wear them.""

Long added, "@realDonald Trump worked hard for Mitt and raised tons of $ for him. Endorsed him twice in '12 and '16."



Trump also retweeted numerous negative comments made against Romney by other Trump supporters and responded to one from Republican National Committee Chairwoman Ronna McDaniel, Romney's niece.



McDaniel tweeted, "@realDonaldTrump has an incredible record of accomplishments during 2018. His policies will continue to benefit Americans for years to come."

Long responded, "I guess your Romney brethren Mitt missed the memo?"

The Seventh District Congressman even took a jab at Romney in a tweet making fun of Sen. Elizabeth Warren, D-Massachusetts, after she announced she was forming an exploratory committee for a 2020 presidential bid.


In her announcement on Instagram, Warren stopped to have a beer, which Long found amusing.

"Hey, look at me I'm just a regular Josephine Six-Pack," Long wrote. "She must be using the same political consultant that told @MittRomney to wear blue jeans everyday on the campaign trail in 2012. 'Hey, look at me. I'm one of you in my blue jeans!' "

Wednesday, January 02, 2019

Joplin man sentenced to six years in prison on child pornography charges

A Joplin man will spend six years in prison for receiving and distributing child pornography.

U. S. District Court Judge Beth Phillips sentenced Richard Ray Thuerauf, 49, during a 16-minute hearing today in Springfield.

Thuerauf will be on supervised probation for five years following his release. According to court records, he will serve his sentenced in a prison near San Diego, California to allow him to be near family.

Thuerauf pleaded guilty in July. His crime was detailed in the plea agreement:
On August 28, 2017, Joplin, Missouri, Police Department (JPD) Officer Laken Rawlins was dispatched to a residence in Joplin, Missouri. Upon arrival, Officer Rawlins contacted Katherine Thuerauf. Katherine stated that on August 27, 2017, she got on to her husband, Richard Ray Thuerauf’s, HP laptop computer and observed child pornography images in the trash bin application. 



On August 28, 2017, SMCCTF TFO Matthew Smith made contact with Thuerauf. Post-Miranda Thuerauf stated he had images of child pornography saved on the laptop computer and his iCloud account. Thuerauf admitted that he used his Apple iPhone 7+ to search for child pornography. On August 29, 2017, SMCCTF TFO Larry Roller conducted a forensic examination on Thuerauf’s Apple iPhone 7+. TFO Roller located numerous images of child pornography, that is children less than 18 years of age engaged in sexually explicit conduct.

On December 21, 2017, TFO Smith applied for and received a search warrant from the Jasper County Circuit Court for the search of Thuerauf’s Apple iCloud account and mr.rayt@yahoo.com. On January 23, 2018, Apple Inc., responded to the search warrant. TFO Roller created a mirror image of the disk provided by Apple. Thuerauf had e-mailed multiple images of child pornography from his iCloud account, mr.rayt@icloud.com to mr.rayt@yahoo.com. August 18, 2017, was the first instance on which images were e-mailed between the two accounts. There were multiple images of child pornography saved inside Thuerauf’s iCloud Photo Library. TFO Roller confirmed that the Apple iPhone 7+ was manufactured outside the state of Missouri and would have had to cross state lines to enter.


A detention motion filed by the U. S. Attorney in February said Thuerauf had more than 1,000 child pornography images on his cell phone and 282 more on his iCloud.

Unregistered company uses Facebook to solicit investment from elderly Springfield resident

(From Secretary of State Jay Ashcroft)

Secretary of State Jay Ashcroft’s Securities Division ordered Trading Epic to show cause why restitution, civil penalties and costs should not be imposed after allegedly defrauding an elderly Missouri investor.

In November 2018, a Springfield, Missouri, resident invested $300 after being contacted through Facebook by an alleged agent of Trading Epic. The agent claimed a $300 investment could easily grow to $4,000 within one week. As of Dec. 12, the investor’s Trading Epic account showed a value of $16,700, but the investor was unable to withdraw any funds, even after paying a $1,905 withdrawal fee. Trading Epic then demanded another $1,711 to pay taxes on the profits before the investor’s funds would be released.

Trading Epic’s website lists an incomplete address in New York, New York. The company’s website falsely claims that it is registered with the Commodity Futures Trading Commission. The website does not disclose fees or commissions, or its principal owners.





“Be aware that solicitors use Facebook and other social media as a new ‘cold-call’ technique to invite users into potentially fraudulent investments,” Securities Commissioner David M. Minnick said. “They persuade investors by promising guaranteed income with little to no risk. If an investment seems too good to be true, please contact our office.”

The division is seeking a final order from the commissioner ordering Trading Epic to pay restitution plus interest, civil penalties and investigation costs totaling more than $145,000.

Ashcroft urges all investors to know the risks. If you have any questions about an investment opportunity or wish to check the background and registration status of a financial adviser, please call the toll-free investor protection hotline at 800-721-7996, or go online to www.missouriprotectsinvestors.com to file a complaint.

Vandeven returns to post as Missouri Commissioner of Education

(From the Missouri Department of Elementary and Secondary Education)

(Editor's note: The State Board of Education returned Margie Vandeven to her previous position as commissioner following Gov. Eric Greitens' stacking of the board with unconfirmed members to fire Vandeven so he could bring in a commissioner who would support his agenda of charter schools, vouchers, and privatization.)


Please help us extend a warm "welcome back" to Missouri Commissioner of Elementary and Secondary Education, Dr. Margie Vandeven!

Dr. Vandeven returned to her role as Missouri's education commissioner this morning on the first official business day of 2019.



See the November press release announcing her hiring here:https://dese.mo.gov/new-commissioner

Vandeven's November statement upon her selection to return as commissioner is printed below:


League City, Texas settles Mark Rohr lawsuit

League City, Texas ended up doing something the city of Joplin never did.

It is paying Mark Rohr to get rid of him.

The League City City Council approved the settlement at its December 27 meeting. No details were provided about how much the city paid Rohr.

Rohr filed the lawsuit against League City and its mayor Pat Hallisey July 19 in U. S. District Court for the Southern District of Texas alleging his First Amendment rights were violated when he was fired December 12, 2016.

Rohr took the city manager position in League City March 31, 2014, after the Joplin City Council fired him by a 5-4 vote a month earlier.



In the petition, Rohr claims he was fired after he filed ethics complaints against Hallisey, accusing him of interfering with the city manager's job and staff and violating confidentiality rules.

Despite the significance of Mr. Rohr’s allegations against Mayor Hallisey, in October 2016 the City Council declined to take any action.

Immediately after the Council announced its decision, Mayor Hallisey remarked that Mr. Rohr was “not good for the city” and would “not be there much longer.”

Less than a month after the investigation into the Mayor’s ethical conduct, an article was published in The Daily News titled “Mayor Wants Manager, Attorney Fired.”

The article examined the Mayor’s efforts to retaliate against the City Attorney and Manager, including his decision to add their terminations to the City Council’s formal agenda.

In the same article, Mayor Hallisey is quoted stating that he has “lost confidence in Rohr and (City Attorney Nghiem) Doan” pointing out that the two have worked against him.

Unfortunately, Mayor Hallisey’s efforts to oust the City Manager and the City Attorney were rewarded by the City Council. On December 13, 2016 Mr. Rohr was terminated by a 5-3 vote and City Attorney Nghiem Doan barely retained his position by a 4-4 vote.

This indicates that the two individuals who dared to report and investigate Mayor Hallisey were targeted for termination based on a Council recommendation strongly pushed and advocated by Mayor Hallisey. 


Rohr says he was punished for exercising his First Amendment rights and filing the ethics complaints against Hallisey.





Defendant acted intentionally to chill Plaintiff’s speech, discredit him by damaging his reputation and punish him for exercising his rights under the First Amendment.


Rohr was hired by League City, citing his experience in economic development and his ability to launch the rebuilding of Joplin after the EF-5 tornado swept through the city May 22, 2011.

Rohr said when he left office 92 percent of the homes had been rebuilt or were in the process of being rebuilt, and 90 percent of the businesses were back on track. In addition, he said the city still had $190 million in aid to spend.

"League City may not have a natural disaster - hopefully - but it will be in a better position by having me to manage it," Rohr said. "I can be a manager under difficult circumstances and manage well. You can't imagine the disarray and anxiety in circumstances when a third of your city is destroyed. If you can handle that, you can handle any circumstance that comes your way."

Marshalll, Texas hired Rohr as its city manager December 13,  giving him a three-year, $170,000 a year contract. He is scheduled to begin his new job later this month.

Tuesday, January 01, 2019

Southwest Missourians offer comments on government shutdown, Elizabeth Warren, Eric Greitens and assault weapons

The new year is here and technically, it is a holiday, but that has not stopped the comments from flying fast and furious on Joplin and Springfield area media Facebook pages.

Following is a selection of some of the comments, followed by my snarky comments:

On a law going into effect in the state of Washington banning the sale of assault weapons to those over the age of 21

Actually there's more malpractice deaths/abortions from Drs than guns. I'd say especially since you can't kill a bunch of people within a few seconds with a civilian firearm. A bomb maybe a firearm no. You could stab more people to death before someone noticing than shooting people.

The statistics certainly do not indicate any problem with doctors shooting up schools, or for that matter any mass killings taking place at schools using knives, smaller guns or baseball bats.

Won't do any good. Parents will still buy them for their kids for Christmas and birthdays or they will buy them 2nd hand from Facebook or garage sales. There are enough of these firearms available on the "streets" for 2nd hand sale that banning them from here on out will not do much good.
But you can join the service at 18 get a m16 or whatever and go kill other people for a paycheck though

Correct me if I am wrong, but these people who are going into the service and using that kind of weaponry are not doing it for a paycheck, they are doing it for our country.




On House Democrats' plan to reopen the government

This is going to be good. A pack of narcissistic liberals trying to get the best of Trump! Where's my popcorn?

Fox News must be this commenter's only source of news or the popcorn munching would have begun several months ago.

The budget they are trying to pass is 4.4 TRILLION. Trump is asking for 5.5 BILLION. Democrats are literally obstructing Trump's agenda for American's safety over 0.11% of the budget.

Just $5.5 billion. What is the matter with those Democrats? You would think we were talking about real money.



Demo's want what they want. They DO NOT GIVE A DAMM ABOUT THE STAFETY OF THE AMERICAN PEOPLE.

All those Democrats do is take their money and stash it in their stafes.

On President Trump asking Democrats to come to White House to discuss shutdown

President Trump is not caving he is not folding. He is trying to get these idiots to do what the people want

Impeach him?

On Elizabeth Warren announcing she is exploring a run for president by drinking a beer

Doesn't she know what alcohol does to Indians.

Sadly, the commenter really thought this was funny and was joined by many others who made similar comments.

On the final report on Eric Greitens being issued

I honestly believe there was some Trump derangement syndrome with Greitens, to the establisment politicians, it is blasphemy for a non politician to get elected.

If we need an operation, we want a doctor. If we plan to file a lawsuit, we want a lawyer. If we want our cars fixed, we want a mechanic. But when we want someone to run our government, we prefer people who do not have any idea how it works nor any inclination to learn. And then we complain about the results.