January 12, 1998

Present: Mayor James Norman
Alderman Herman Davis
Alderman Delmar Guthery
Alderman Don Davidson
Alderman Oren Alcorn
Marilyn Alms, City Clerk
City Attorney, Carl Smith

News Media: Keith Moore, Herald Publishing; Art Corum, KKOZ

Guests: A visitor's sheet was passed around for those in attendance to sign.

CALL TO ORDER: Meeting called to order by Mayor James Norman.

ROLL CALL: Upon call of the roll, the following aldermen were present: Herman Davis, Delmar Guthery, Don Davidson, Oren Alcorn.

APPROVAL OF MINUTES: Minutes of December 22, 1997, meeting were mailed to Aldermen for their review. Motion made by Oren Alcorn to approve minutes. Second to the motion by Don Davidson. Motion carried. All in favor.

TOM WOODS, FIRE CHIEF: Winter fire school in February, in Columbia. Tuition is $85 per person – there are three or four people interested in attending. Estimated total to send four men is $648, based on last years total. Attendance would require two nights lodging accommodations. Motion made by Don Davidson to approve request by Fire Chief to send four people to winter fire school. Second to motion by Oren Alcorn. Motion approved. All in favor.

CATHY THOMPSON: Cathy Thompson, Parks & Recreation Director, spoke to board about Little League & Soccer programs. She said the Park Board is asking that Ric Buchanan be hired as Athletic Coordinator. In November 1997, she had presented the Board a basic synopsis of criteria for an Athletics League Coordinator. She re-distributed this information, with financial information of cost of 1997; spring & fall soccer; and, figures from Lions Club for Little League.

Tim Stanton spoke in support as a volunteer who has been involved in the Little League program for 13 years. Also, Mary Wheeler spoke favorably of the way soccer program was done last year, in particular Ric Buchanan’s organizational skills. Cathy pointed out the salary proposed for Athletic director of $15,000 would be generated from program fees. City Attorney pointed out park fees cannot be raised under Hancock Amendment (park fee is a use fee to get into park). It was agreed that program fees can be set, they are not under Hancock Amendment.

Marsha Brown asked if job had been advertised. Cathy Thompson said, based on Ric’s experience, she thought they would end up with this same individual. City Attorney advised that position would have to be advertised, cannot hire arbitrarily. He advised against a written contract – other employees are not hired through contract. City does not have written employee contracts. Cathy Thompson thought this was "contract labor". City Attorney said this is management function - this would be a person hired by City, under control of City. Cathy Thompson compared this to paving contractor. City Attorney said, no, one is a service; one is a good or product.

Decision was made to advertise for Athletic Director position. Cathy pointed out there is a long list of responsibilities and soccer starts in spring – the time is short to get someone started on this.

Don Davidson made motion the City take up this program.

Herman Davis made motion to table this decision.

A lady in attendance at the meeting asked what is turn-around time between advertising and implementing the program.

Don Davidson asked what more is there to study?

Oren Alcorn said they need to study how the bookwork will be done. Who will account for the money?

Herman Davis said the figures were given to them today – he feels like they need two weeks to look at it.

Don Davidson said Cathy Thompson gave them information (except for dollar amounts) in November – they have had the information.

Oren Alcorn said he made a motion to advertise for the Athletic Director position. Second to motion by Don Davidson. Motion approved. All in favor.

Chamber of Commerce Banquet: Karen Mendel, Executive Director of the Ava Area Chamber of Commerce, reminded everyone the annual Chamber of Commerce Banquet is this Saturday night at 7:00 P.M.

Kay Dennis: Kay Dennis spoke about scheduling for soccer. She said last year it ran smoothly, but it was a lot of work to schedule, based on number of umpires and fields available, etc. April sounds like it’s a long way off, but it really isn’t too far in the future.

Oren Alcorn pointed out that the board’s decision must be based on finances, and this is on the heels of ¼ cent sales tax being defeated, which clearly stated the tax would be used to finance Little League and athletic programs.

Karen Mendel pointed out that her son participated in these programs, but she is not a resident within City Limits, and cannot vote in City elections. She pointed out that people who live outside City support the City tax base by paying City sales tax on purchases.

One lady, who is a coach for soccer, spoke in favor of Mr. Buchanan, and said the City just could not eliminate these programs – we have them for our kids.

Mary Wheeler asked when City would like her to implement Round-up Program through utility program? Mayor said he had checked into that and found the City’s computer program won’t handle this function.

A lady said she’d had a problem with water pressure, and it was fixed the next day. She wanted to say she appreciated this.

SHO ME INVOICE: Billing down this month.

FIRST RESPONDERS: Mayor said he thinks County will help City with about 50% of this, so he does not think there is a problem.

Marsha Brown said people who live out in the County pay City sales tax and they should be provided the service. Mayor said we will check into legalities of going outside City limits. Tom Woods, Fire Chief, talked to MIRMA, the City’s risk management pool, and First Responders and fire department are covered under worker’s compensation, but not medical malpractice. They operate under Cox’s protocol – medical malpractice insurance is available through other sources.

Rocke Taber talked about "Good Samaritan" law:

1. duty & failure to act
2. caused harm to patient
3. treatment rendered caused harm

Tom Woods explained that all Responders do not go on calls outside City limits there are two trucks equipped (the big firetruck is outfitted, except with oxygen).

Rocke Taber said Cox supplies some equipment, oxygen and supplies – (dressings, oxygen, masks, tubing).

Rhonda Rowe said other ambulance areas brag on our First Responders, and say they wish they had this quality of First Responders in their community.

SALE OF OLD LANDFILL ON HWY 5: Alderman Davis spoke with City Attorney Smith about preparing a deed for "dump" property for Mr. Mathews.

ACCOUNTS PAYABLE: Accounts payable were reviewed by aldermen for approval of payment.

Tom Woods, Fire Chief, addresses item on agenda – the notation "what will happen if City has a call when First Responders are at the scene of an accident in the rural area of the County?" He said only two or three go in a truck when called outside City limits – if there is a major wreck, they call for more help. There are enough responders that they do not all respond at the same time – especially out-of-city-limits.

Justin related a time that there were three ambulances in town at the same time.

Motion made by Oren Alcorn to approve accounts payable as presented. Second to motion by Don Davidson. Motion Approved. All in favor.

CLOSED SESSION: Motion made by Oren Alcorn to move into closed session for discussion on litigation and personnel pursuant to RSMo610.021(1); and , 610.021(3):

During closed session the following matters were discussed:

Meadowbrook Manor’s delinquent utility bill of approximately $11,000 – City asked to settle for $3,000. City is not in agreement to this. Meadowbrook suggested they could pay in installments – this is agreeable with Board of Aldermen. Carl Smith to work out the details.

Tom and Joan Pierce lawsuit against City for property damage – City has apid $20,000 judgment plus $470.52 in costs. City Attorney received answer form MIRMA, they have appeal process through their Board of Directors that City can appeal the denial of coverage on this claim.

Al Baker’s discrimination suit against City – Commission on Human Rights has made decision that there is probable cause City discriminated against Mr. Baker because of his handicap. There was a request to pay backwages & damages, but at this point, there are no monetary damages to be paid.

Proposal given by Mayor to sell sanitation department and lay off several employees in different departments as a matter of cost management.

Mayor said the building of Ozark Action apartment complex was discussed with Wally Jessen. Oren Alcorn asked clerk to research minutes of public hearing on zoning where this was discussed.

It was decided that City will advertise for sale of trash department.

Alderman Herman Davis asked about municipal bonds. Mayor talked to McLiney & Co. They will not buy bonds to pay Copeland. The only avenue would be industrial revenue bonds, but that is payable by revenues from the industry.

Motion made by Oren Alcorn to return to regular open session. Second to motion by Don Davidson.

Meeting Adjourned.