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Nuisance property hearings draw crowd at city meeting

By SUSAN MARSHALL

Gazette-Bulletin Editor

More than a dozen Peabody residents were present Monday evening at the city building to observe the public hearings on 11 nuisance properties. Not all those in attendance were property owners defending themselves before the council. Several were on hand to show support for friends and neighbors.

The hearings took about two hours with city health and safety officer Tammy Whiteside presenting photographs of nuisance ordinance violations. After hearing from Whiteside on each of the properties in question, the council heard rebuttals from the property owners.

Several of the properties in question were declared to no longer be a nuisance. Of the 11 in question, seven no longer had violations. The cases against those property owners were dismissed with the city's thanks.

Three of the property owners were given extensions to correct the remaining problems. Time extensions of two weeks to a month were granted. The council also voted to abate the nuisance at the property at 803 N. Chestnut. The city will contact the resident prior to abatement.

In a related issue, Mitch Moffett addressed the council during public comment to ask why a copy of city ordinances is not available for public use in the city building. The city has a copy that citizens are allowed to use in the council room. However, there is no copy available for anyone to check out and take home. And while the ordinances are public record and by law must be made available for copying, the city is allowed to charge for any copies it makes to fulfill a resident's request.

The council listened to Moffett's complaint, but took no action.

In other business, the council:

— heard there still has been no letter of "no further action" from Kansas Department of Health and Environment regarding the mercury cleanup process at the former city sewer plant.

— heard a monthly report from police chief Bruce Burke. Burke is researching information on the use, effectiveness, and legalities of tasers. A complete report will be presented to council at a later date. He noted his department expects to take possession of a new police car in April 2008. Reports of inoperable vehicles, animal control, department revenue, and criminal activity in the city were included for council members.

— discussed a request from public works director Darren Pickens to hire an individual to fill the vacancy in his department. After discussion, the council decided it would like to take additional applications and instructed city administrator Jeff Benbrook to continue advertising the position.

— entered an executive session for the purpose of discussing personnel and a performance review. Upon return to open meeting, council members voted to change a grade on the performance review of health and safety officer Tammy Whiteside and remove a voluntary statement from her file.

— approved training sessions for Chief Burke and officer Michael French, and a tax and withholding workshop for Benbrook.

— heard from the street committee that a list of streets needing paving and patching has been drawn up. The committee will review the list, set priorities, and get bids. The final list will be presented to council members for approval.

— heard that letters have been sent to the owners of four vacant mobile homes in the city that are in violation of city ordinances. The owners will have 30 days to respond. Council will hear the cases against the property owners at the next meeting, Nov. 12.

— denied a request for an ad in the Peabody-Burns High School yearbook and a request from Sport Promo Network for $350 to buy basketballs to be used at high school games. A request for a donation to the Marion County Toy Run was approved in the amount of $50.

— heard the city once again attained "gold star" status with its workman's comp carrier and will receive a five percent discount on premiums for maintaining that status.

— heard also that an uninsured motorist drove into the former steam plant building on Pine Street damaging the stone building and much of the city property stored inside. Benbrook has written a letter to the driver asking how he wishes to pay the city for damages.

— agreed to consider a request for a reduction in sewer charges on a water leak at 311 Sycamore. Following a review by city treasurer Stephanie Ax, a recommendation will be made to council for the reduction.

— heard that Brian McDowell had made application for a tax rebate program through the local Neighborhood Revitalization plan. Council approved the property for the tax rebate.

— approved a request by Nelson Patton to break a curb at his home on Locust.

— discussed at length the process for notifying the public about negative results of water testing and the process for letting the public know an advisory has been rescinded. No action was taken to change the current procedure.

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