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NewsOctober 23, 1993

MARBLE HILL -- Since the death of longtime Alderman F.X. Peters in February, the three remaining members of the Marble Hill Board of Aldermen have been unable to agree on who to appoint as a replacement. As a result, the board is often in a stalemate since it takes all three members to have a quorum for meetings and unanimous votes to take action...

MARBLE HILL -- Since the death of longtime Alderman F.X. Peters in February, the three remaining members of the Marble Hill Board of Aldermen have been unable to agree on who to appoint as a replacement.

As a result, the board is often in a stalemate since it takes all three members to have a quorum for meetings and unanimous votes to take action.

Mayor Adrian Shell, who under state statutes for 4th class cities can vote only in the case of a tie, says he is frustrated because two members of the board from Ward II have resisted efforts to get a successor appointed.

"I've been trying to get an alderman appointed since April 26," said Shell. "I have pushed the issue several times but can't get anywhere. I can't do anything. It's a stalemate right now."

Frank Killian, who is the alderman in Ward I, and the mayor complain that when they suggest people to fill the vacancy, the Ward II members, Mildred Shell (no relation to the mayor) and Fred Thomas stay silent.

"I have nominated three different people and it has not gotten above my nomination," said Killian. "There is no second. They give no reasons; they just sit there like a knot on a log and don't say yea or nay."

Last spring a group of residents in Ward I gathered 168 signatures requesting that the board appoint Jim Young to fill Peters' spot. But Shell and Thomas have not acted on appointing Young.

Mayor Shell said he cannot understand why they won't support Young. "The people in Ward I are telling the aldermen in Ward II what they want," said Shell. "The 168 signatures is more votes than Alderman Thomas or Mildred Shell got in their last elections and more votes that Alderman Killian and Judy Jones (Killian's opponent in the last election) got combined in Ward I.

"It's not fair to 168 people who wanted Young on the council, and it is not fair to the city as a whole. The Ward II aldermen are not taking the city's best interests at heart."

Since it takes three votes to take any action, Killian warned at the Oct. 11 board meeting that he will refuse to vote on anything until a new alderman is appointed.

"I told them that from this point in time on, I would not vote to pay any more bills until we could agree on a fourth alderman," said Killian, who conceded his action could bring business to a halt.

"It's going to lock it up," said Killian, adding that Thomas and Mildred Shell had no response to his threat. "There can be no bills paid without three of us. I will either leave or vote against them. Somehow or another, that will get their attention."

Mildred Shell said she and Thomas have also recommended people to fill the vacancy but have met resistance from Killian and the mayor. "It's a problem," she admitted.

Mildred Shell said she had no comment on why Young was not acceptable, and noted the 168 names "was only a petition."

Asked about Killian's warning that he won't vote on payment of bills, she said: "There is no reason he won't other than being contrary."

When contacted by a Missourian reporter about the impasse, Alderman Thomas said: "I'm not interested in talking to you," and hung up the telephone.

City Attorney Gary Kamp said there is no way to force the aldermen to agree on a new member. "The law says it takes a majority vote of the board and that is three members," said Kamp. "If the board can't get together and resolve it, I guess the election next April will."

Kamp explained that Peters died when it was too late to fill the vacancy in last April's election, leaving the vacancy up to the other members to fill.

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Mayor Shell said he believes one reason Thomas and Shell won't agree on someone to fill the vacancy is because they fear the new member will side with Killian, leaving him to settle tie votes.

Said the mayor: "I have been a thorn in their side since I was elected, mainly because I don't go along with the city hall project, and some of their other projects. I like all the board members but they are not going to sway my vote one way or the other. I will make up my own mind and vote in the best interests of the town."

The city hall project is a hot issue in Marble Hill, which is still unresolved. Before Shell was elected mayor in April of 1992, a decision was made to construct a city office complex next to a swimming pool with funds from a trust fund left to the city by a St. Louis woman, Larma Wisely.

However, the will stipulated that the funds should only be used for construction of a pool and the development and maintenance of the city's park. Kamp ruled that the city offices could be constructed with the funds. However, state Auditor Margaret Kelly, in a city audit earlier this year, questioned the legality of project. City officials are now seeking a declaratory judgment in circuit court.

Peters had been a supporter of the city hall project, along with Mildred Shell and Thomas. Mayor Shell and Killian argue that the funds cannot be used for the city offices.

The mayor has also created a controversy by attempting to replace several members of the city's park board, which serves as trustee of the Wisely Trust.

Shell said that from his research, he has found that only three of the nine members were legally appointed to the board.

The mayor has also expressed a desire to replace some members of the board with people who have younger children.

In April, Shell asked Kamp to research whose terms had expired on the park board. On May 6, the city attorney advised the mayor that he was not familiar with the terms of park board members.

At the June 14 meeting of the board of aldermen, Shell appointed six new members to the board. Killian and Thomas voted for the new members, but Mildred Shell voted against them. Kamp advised the board that approval of the new members required yes votes from three aldermen.

Mayor Shell complains that Kamp has not heeded his requests seeking clarification of the park board's status. "I have asked him several times `is the old park board legal?'" said Shell. "All I asked is a simple yes or no. Are they legal? Right now I don't know which park board is legal.

"He's basically telling me the new park board is not legal, but I want him to tell me if the old park board is legal. That's my main concern," added Shell. "I'm just trying to do what is required of me in the City Code, which is to appoint board members."

On Friday, Kamp said he was in the process of researching the status of current park board members. "Assuming the old park board was properly appointed and approved, they serve until their successors are properly appointed and approved," said Kamp.

Jennings Bond, chairman of the park board, said he did not want to comment on questions about the status of board members. For now, Bond said the old park board is still functioning.

Beth Storm, from the Missouri Municipal League, said her interpretation of state statutes is that a 2-1 vote would be sufficient to fill the vacancy on the board of aldermen and positions on the park board.

"Passing an ordinance will always take a majority of the positions on the board, irregardless of any vacancies or absences," said Storm. "But in this case, where you have a death, then you have to use common sense."

But Storm stressed she is not an attorney and advises cities to seek legal counsel on issues like this. "It is my opinion that a 2-1 vote would be sufficient, but I would advise them to go with what their city attorney says to do."

But in the case of a difference of opinion between the board and city attorney, Storm said the fact remains "the board is the governing body of the town."

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