Tuesday, August 28, 2012

Joint Maintenance Agreement Approved 4-1

Last night's podcasts have been uploaded on to Lebocitizens.com. The end of Part 1 of the Discussion Session includes the JMA. I believe all of the commissioners asked Staff questions about the Joint Maintenance Agreement. Dave Donnellan emailed all the sports groups, Dr. Steinhauer, and Jan Klein in March asking about the Joint Maintenance Agreement.  He never heard back. On June 6, Jan Klein contacted Dave Donnellan to say that the YSA was not sure if they could move forward as an organization. There were two meetings held since then, June 26 and July 18. Last week, Klein got back to Donnellan to verify that the YSA and School District came to an agreement. The Commission did not get any information about the JMA until Friday when they received their packets.

During last night's discussion, Kristen Linfante, school board liaison, revealed that she was in touch with Elaine Cappucci, Commission liaison, to say that the School District was more concerned with maintaining the field maintenance rather than the YSA portion of the agreement. Kristen also said that we are the only municipality that requires sports groups to pay to use the fields. She wonders if the School District should even charge them at all. I guess that is a preview of coming attractions. Of course.

Kelly Fraasch and Matt Kluck asked to table the vote, but were outvoted. In the end, Kelly said that she would approve this six month extension only. Six months gives the municipality the ability to get out of the fiscal year with being reimbursed for the work that was budgeted for 2012. Six months gives all parties involved to decide to continue the JMA or to go with user fees. Six months also gives the YSA time to decide if they will continue as an organization. Matt Kluck was the only commissioner to oppose the six month agreement.

40 comments:

Anonymous said...

The School District did not approve this contract extension at a public meeting.
David Huston

Anonymous said...

The municipality does not charge for field usage. The YSA fee is for use of the school fields. Mrs. Linfante is incorrect.

Anonymous said...

Dave Brumfield didn't know how he was going to vote - yeah right! This was a done deal all the way through from the setting of terms with the school district to last night's signing by the commissioners.

And I'm slowly beginning to think the Fraasch's are no shows come vote time. Who's taking bets in 6 months Kelly will be voting in favor of turfing either Wildcat/Middle or one of her Robb Hollow sites.
Seriously, how many times can you claim you're not crazy about something but then vote for it?
The fact that the YSA is delinquent on payments to the old agreement doesn't seem to matter. The least Kelly could've have done was say she wouldn't approve the extension until the issues with the old one were cleared up. She had the power. she had the upper hand and she threw honesty, fiscal responsibility and integrity down the storm water sewer.

Anonymous said...

It's like the field sign ordinance. We'll pass it and figure out the details later.
We'll it's later, signs have gone up on a field and you still won't hear who manages it or where the money goes.

Lebo Citizens said...

Please listen to the podcasts. During the actual commission meeting, Bill Lewis and I commented on the YSA, but it was Brumfield who said that the YSA payments should be discussed with the School District. The municipality has received their payments in full from the district. Bill tried to say that the muni should not be doing business with either the district or the YSA because they have not been honest with the community. Bill even presented the YSA payments that I received from a RTK. I wouldn't go after Kelly on this one because she and Matt wanted to table it. She only voted for this because the Muni wanted to be reimbursed for the work that was budgeted for this year. The ones you need to go after are Brumfield, Bendal, and Linfante. They didn't want to table this and were going to vote it through. December will be a different story.
Elaine

Lebo Citizens said...

10:32 AM is correct, 10:50 AM. The municipality is not charging to use any municipal fields. This is a reimbursement for their services to maintain school district fields. The muni does not charge for using their fields. The taxpayers pay for municipal field maintenance.
Elaine

Anonymous said...

10:41, where have signs been placed? What do they advertise?

Anonymous said...

No, no, no, no, no Elaine. She's not getting a pass.
She with Matt's help had the power to clean up all the deceptions, all the financial issues and force new terms, policies on delinquent payments, responsibilities, etc., etc. The time was now to fix it, not 6 months from now, not 1 year from now.
The time was yesterday and she blew it!
Oh yeah, we missed out on a lousy $23,000. It should've been friggin' $30,000. Besides the municipality let $800,000 get by without a peep or explanation.
I'm not buying excuses any more!

Anonymous said...

They did vote it through!!!!!!'

Anonymous said...

There were signs on down at Dixon a few weeks back. Are they down now?

Lebo Citizens said...

10:59 AM, there are five commissioners. Except for super votes like for bond issues, only three votes are required to pass something. Bendal, Brumfield and Linfante were good with it. I still maintain that your beef is with them. Kelly and Matt couldn't do it alone. They were outvoted.
Elaine

Anonymous said...

So we're mincing words. How does the municipality "doing maintenance for the school district" do anything for the taxpayer?
The YSA entered into a contract to pay for maintenance necessary because of their overuse. If they pay and the school district covers their debt when they pay the municipality it stills comes out of the taxpayers pocket!
Yeah the YSA made some payments, but even that money didn't grow on trees. MTL parents or businesses put that money up too.

Lebo Citizens said...

You are absolutely right, 11:12 AM. We are to take it up with the School District, according to Brumfield. In fact, we had suggested only having an agreement between the MTLSD and the Muni, but for whatever reason, it is a bad idea legally - according to Brumfield. Not being an attorney, I cannot respond to that.
Elaine

Anonymous said...

Then why cast a yea vote if it makes no difference? Why vote at all? Why not stand and declare if this passes I'm calling the state to do an audit of the financial transactions between us, the YSA and the school district? If you want to proceed with this arrangement we must clean up the old issues.
No we get business as usual.
Close up the blog, turn outs the lights Elaine.

Lebo Citizens said...

OK.
Elaine

Anonymous said...

Of course Brumfield passed the buck. Now though when you take it up with the school district, they have the defense that if it was such a bad deal why'd the municipality renew it.

Good luck getting anywhere with the SD, you can rest assured Brumfield, Linfante, Bendel and Fraasch got your back! Hahahahahahahahaha

Anonymous said...

Mr. Lewis was correct about avoiding dishonest people.
Somehow transparency, integrity, honesty and honoring contracts have disappeared in the bubble.

Anonymous said...

This how to deal with smartass lawyers...
"A Yankee lawyer went duck hunting in eastern North Carolina. He shot and dropped a bird, but it fell into a farmer's field on the other side of a fence. As the lawyer climbed over the fence, an elderly gentleman asked him what he was doing. The lawyer responded, "I shot a duck and it fell in this field, I'm going into retrieve it." 
The old farmer replied. "This is my property, and you are not coming over here." 
The indignant lawyer said, "I am one of the best trial attorneys in the U.S. and, if you don't let me get that duck, I'll sue you and take everything! 
The old farmer smiled and said, "Apparently, you don't know how we do things here in North Carolina. We settle small disagreements like this with the NC Three-Kick Rule." 
The lawyer asked, "What is the NC three-Kick Rule?" 
The Farmer replied. "Well, first I kick you three times and then you kick me three times, and so on, back and forth, until someone gives up." 
The Yankee attorney quickly thought about the proposed contest and decided that he could easily take the old southerner. He agreed to abide by the local custom. 
The old farmer slowly climbed down from the tractor and walked up to the city feller. His first kick planted the toe of his heavy work boot into the Yankee lawyer's groin and dropped him to his knees. His second kick nearly wiped the man's nose off his face. The barrister was flat on his belly when the farmer's third kick to a kidney nearly caused him to give up. 
The Yankee lawyer summoned every bit of his will and managed to get to his feet and said, "Okay, you old redneck southerner, now it's my turn." 
The old North Carolina farmer smiled and said, "Naw, I give up. You can have the duck." 

Or the JMA!

anonmyous said...

Someo f the comments are dead-on. Kelly didn't do the right thing. Please spare us the excuses. at the end of the day she's still a democrat and will remain so. your nonstop defense of her no matter what is a mystery. you either want to hold government accountable or you don't. our commission is rigged and we have only one of the people there who will ever openly question it or challenge it. the other four just go along with the program. that's why nothing in thiw town ever changes.

Anonymous said...

Anybody taking odds that by this time next year one of put fields will be getting or already have artificial turf?

Lebo Citizens said...

12:20 PM, I would be willing to bet that you haven't listened to last night's meetings. For sure, you weren't at the meeting last night. Have you written letters to the commission or do you just sit on your butt reading my blog and being judgmental? I don't care if she is a dem or an R. Does party affiliation really matter? It sure doesn't matter with the school board.
I don't see it as nonstop defense of Kelly. She makes decisions based on what is good for the community. She is on record saying that December will have a different outcome.
My baggage-free commissioner is a dem, the pres is a dem, and so is Bendel. They voted to extend the agreement from the get go. But that doesn't seem to bother you. Your nonstop criticism of Kelly is a mystery to me.
Elaine

Anonymous said...

Elaine, nobody is laying this vote on Kelly's shoulders only.
You write that Donnellan sent out request from all the sports groups, administrators and didn't get any responses. Then finally Klein responds that it was up in the air as to whether the YSA would continue to exist. Then it's announced the YSA and SD come to an agreement.
Then suddenly up springs a recommendation to approve the extension on the commission agenda. No prior discussion giving residents time go review, wam, bam it's done.
Now unless one has been living under a rock, Brumfield's first response told you how he was going to vote. If you believed he was going to review anything and vote against it you're a fool.
Linfante evidentally bends which ever way Posti/Cappucci tell her. So why bother with her, you'd have more luck debating with a rock. Watch the board and anybody can mail in Linfante's vote, it's automatic.
The other board member... is there one? What's his name? Does he vote any other way than to say "I'll have what they're (Dave and Kristen) are having."
Matt stepped up, did the right thing. There's no reason this agreement had to be signed right this week!
So that leaves Kelly. You wrote Elaine:   "Kelly said that she would approve this six month extension only". Is that a direct quote? What exactly does that mean if it is a direct quote? Is there another 6 month extension already in the works? Are they planning to renew this one every 6 months?
Or was Kelly saber rattling that this is the last time she'll vote in favor of the YSA.

That's the reason for the attacks. The three amigos are a lost cause.  Matt Kluck thankfully is hanging in there, using his head and voting his conscience. Kelly is the unknown, she talked a good fight (sort of) but caved in the end.

Why did I say sort of you might ask. How is spending $1,000,000 on two new fields - that will escalate maintenance cost - better than turfing a field for $1,000,000. I hate to say it but I've gotta agree with Stacey or David (which Franklin's speaking for the YSA again?) on that one.

Anonymous said...

What outcomes have gone differently so far?
Any accounting for the lost parking fines?
Any accountability for the missing YSA money? Now they're paying less not more!
Did you see the SB lose on the zoning?
On the renovation?
I'm trying to see a change - instead the votes 4 to 1.
What happens in December the end of the world according to the Mayan calendar?

Anonymous said...

"Kelly and Matt couldn't do it alone. They were outvoted."

Run that by me again. Thought the vote was 4 to 1. Don't you mean Matt can't do it alone?

Lebo Citizens said...

They were outvoted to table it. That vote was three to two.
Elaine

Anonymous said...

Franklin and Fraasch picked your pockets again. See what happens when you deal with deadbeats and play personal favorites on your blog, Elaine!

Anonymous said...

Oh that's different! The vote should've been 5 to 0.

What the hell's wrong with you, Matt? Get with the program.

There now all the criticism hasn't been directed at Kelly.

Anonymous said...

So let me get this straight two commissioners asked to table the vote for further discussions and were overruled in a 3 to 2 vote.
So when it comes time to vote on the matter 30 minutes later, one of two, apparently has all their issues resolved, sees the light and the item passes 4 to 1. Wow!
And people wonder why no one shows up for meetings and there is less than 30% voter turnout.

Giffen Good

Lebo Citizens said...

Yeah Giffen, it pretty much went that way. Have you listened to the meeting yet? I see only eight people have taken the time to do so.
Elaine

Anonymous said...

No I haven't, why?
Is there something different about this meeting than all that have occurred before?

Now I understand why I dropped out before.

Gif

Anonymous said...

On June 6th, Jan calls Donnellan to tell him the YSA is not sure it can survive. Why wouldn't YSA call tell tell Donnellan the news? Oh well, we'll skip over that question for now.
It's been offered that Stacey Franklin assumed the YSA presidency 2 months ago. That'd be just after June 6th, right?
So this woman is even more of a superhero than I originally thought. She not only brokered a sweetheart deal with the district (in just teo meetings apparently), she revived a dying organization to boot.
MTLmagazine should start selling bobblehead dolls of this woman. Convincing 13 people (9 directors, 4 commissioners) to BANK on a dying organization is remarkable stuff. Especially when that organization stiffed them in the past.

Anonymous said...

Kelly seemed to argue more than even Matt. See I listened Elaine!

I have a question. Why was a staff member (Donnellan) and Commissioner (Linfante) talking to the School Board without the rest of the Commissioner's knowledge?

Elaine, I didn't hear the Solicitor saying much. Did him or the Manager give an opinion that I missed?

Anonymous said...

Notice Donnellan didn't contact Lewis, Elaine or any other resident for their opinion. How about the friends of the Library, the Denis, Garden Club, historical Society. Only the sports groups, only the school district.
Notice how there isn't a discussion meeting conducted prior to the voting meetin to allowinterested citizens to voice an opinion to the commissioners.

anonymous said...

so if I listen to the meeting will that change the way Kelly voted? She didn't do the right thing.

Anonymous said...

It appears Donnellan subscribes to the same philosophy as another official: "surround yourself with people that think like you."

Probably right, best way to keep your job.

Anonymous said...

If Kelly had not voted or stuck with Matt it wouldn't have changed the outcome, right?
So why not abstain or vote against the agreement. She caved and she sent a clear message that she is capable of folding rather than establishing a line in the sand that citizens deserve the right to have an opportunity to review agreements, hear positions and speak regarding such matters.

Anonymous said...

Kelly or Matt could have staged "A filibuster is a type of parliamentary procedure where an individual extends debate, allowing a lone member to delay or entirely prevent a vote on a given proposal. It is commonly referred to as talking out a bill,[1] and characterized as a form of obstruction in a legislature or other decision-making body." and gotten the delay they wanted.

Anonymous said...

Do not make the mistake that the criticism offered here are comments directed at Kelly Fraasch, mother, wife, neighbor, volunteer.
All these officials until found otherwise are good people, But being good doesn't make always make someone right, there every decision smart!
Kelly started out on this item, both smart and right. Siding with Matt to table the JMA extension to allow more examination and constituent feedback.
But she relented, caved to the opposition and gave in.
Her vote didn't matter any more, Brumfield, Linfante and Bendel had the vote covered.
Had she stuck with Matt she would have been setting the tone for future agenda items. Letting it be known that one of these days my fourth vote will count and before I vote I will will expect complete and thorough study of the.item.
She surrender that initiative and that is the criticism.
I don't care if she's democrat or republican, I want to know if she has the will to lead.

Anonymous said...

Here, I'll add my two cents.

Kelly certainly seemed to be the most outspoken against the agreement. At the end of the day she decided to give them six more months to get their affairs in order. I don't know if I agree or disagree with that. But Dave Brumfield seemed to suggest that the municipality would not get paid if this vote went down. I am not sure if Dave lied or what but that just doesn't seem to be the truth. I am wondering if that influenced Kelly's vote. She certainly did not seem to be a friend of the agreement so I can see why there might be some confusing.

The answer is simple. Someone ask Kelly what her vote was all about. The reason I give her the benefit of the doubt on this one is because she has never shied away from being honest so far. The vote is concerning but there is most likely a back story that swayed her vote in the end.

I'd like to know that back story.

Anonymous said...

How does Brunfield figure the municipality "won't get paid?"

As he said most of the agreement doesn't pertain to the municipality. It's only interest in the whole affair is providing maintenance to the school district's fields. If the municipality doesn't get paid, it doesn't do the work. You don't do the work, there is nothing to be paid for. Doesn't get much simpler than that Mr. Brumfield.