January 26, 1998

Present: Mayor James Norman
Alderman Herman Davis
Alderman Delmar Guthery
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, Oren Alcorn. Don Davidson is in the hospital recovering from surgery.

APPROVAL OF MINUTES: Minutes of January 12, 1998, meeting were provided to Aldermen for their review. Motion made by Oren Alcorn to approve minutes. Second to the motion by Herman Davis. Motion carried. All in favor.

CATHY THOMPSON - PARK BOARD/RECREATION: Cathy asked Board if they had time to consider the proposal for the hiring of an Athletic Director. Alderman Alcorn said it narrows down to the question - should City be responsible for conducting Little League and soccer programs. If there is no other organization willing to provide this to the community, it should be the City's responsibility. However, he feels it is a separate decision as far as who to hire and what salary the position would pay.
Alderman Davis said he supports the proposal for City to provide service, but financial condition of City needs to be considered. He recommends Parrk Baord review schedule of fees to make sure they will cover the cost of the program.
Motion made by Oren Alcorn to authorize Park Board to assume responsibility of Little League program. Second to motion by Delmar Guthery. There was further discussion regarding this matter. Cathy said they have advertised the position that is being offered. Motion was approved. All in favor.

AVA ALUMNI ASSOCIATION: Ava Alumni Association brought a proposal to Park Board. Cathy Thompson introduced David Norman, President of Alumni Association. He spoke of their dream to have an alumni facility. The idea behind this has been put together by Larry Morrison, who was introduced by David to make the presentation. Larry said all high school buildings, prior to 1964 gratuates, have been torn down. Alumni Association is a 501(c)3 corporation. He described the "field" house being proposed, and this could also house the Chamber of commerce and Park Board offices. He presented a hand-out outlining the ideas they perceive. He said it would be used as a community building, and drew to their attention that theyt are asking zero dollars from City for cost of land and building. Everything is based on a pledge. The land they propose is the hillside at City Park - 250' x 450'. Ava Alumni Association will build structure if they can get a commitment from City to allow them to build the structure here. Some memorial gardens would be adjacent to the building.
Mayor asked for a motion. Motion made by Oren Alcorn to support this proposal. Second by Herman Davis. Motion Approved. All in favor.

CHAMBER OF COMMERCE: Karen Mendel, Executive Director of the Ava Chamber of Commerce, spoke to Board about up-coming Poke Salat Days. Last year after Poke Salat Days, downtown merchants met to discuss ideas for future festivals. An idea they propose would be to leave north side of square open to traffic. State Highway Department does not object if there is suitable detour route. Karen will give board opportunity to think about this proposal and will come back to next meeting.

FAIR BOARD: Don Pinckney, Fair Board President, spoke about plans of Fair Board. One project is to renovate general exhibits building, and he asked for assistance form City's Electric department for wiring. He said they are not asking for financial assistance - they are applying for grants.
One problem they have with grounds is sewage disposal. Fairgrounds have been on septic system for years and has had problems with this. He said they might need to consider hooking on to City sewer.
Mayor asked if Fair Board would furnish electric wiring and supplies for the building. Daon said, yes, they have this in their plan. One of the biggest problemss is the people power to do the work. Fair Board would not have the money to hook onto sewer. They would ask for City to do backhoe work when they work on the sewage disposal - it is leaking and must be repaired before any activities are held.
Fair Board will be holding and auction and said if City has any items they need to dispose of, they could use them for the auction.

JAMES BELKNAP: Mr. Belknap spoke to Board about the sewer back-up into his yard on N.E. 3rd Avanue. They have ankle deep sewer water standing in their carport. There has been talk about digging a ditch in this area. Mayor said cost estimate last year was around $14,000 to do some sewer line repair work. Alderman Alcorn has met with sewer department superintendent, Jerry Loverland, and discussed possible solutions to the problem. This is one of the lowest areas in the town.

LENA MARLIN: Lena Marlin presented an addition of 35 more names to add to petition to remove two police officers. She asked board what decision had been made, it has been six months. She feels only solution is to have Grand Jury investigate. She said Sherriff Koop & Clint McFarlin talked about her son on the scannerand he was just going to a friend's house. She said she is going to concentrate on getting something done in City - need something for teenagers to do, and they cannot respect the law we have.

POLICE CARE REPAIR: One of police cars has bad motor. City has estimate from Bay Less Auto Salvage for engine assembly for '92 Ford Crown Victoria:
Engine................$1200
Labor...................400
Supplies................100
Motion made by Oren Alcorn to accept bid from Bay Less Auto Salvage for $1,700, for salvage motor. Second to motion by Herman Davis. Motion approved. All in favor.

BID-BACKHOE TIRES: City has received three bids for back tires on water department backhoe:
1. Purcell Tire Town, Springfield, MO
19.5L24 10 ply Denman $380.00x2=$760.00
12-16.5 10 ply Adtrac 139.00x2= 278.00
Service Call 30.00
Dismount & mount on 19.5L24 24.00x2= 48.00
Dismount & mount on 12-16.5 8.00x2= 16.00
Milage each way .75 per mile

2. Davis Tire, Ava, MO
19.5 x 24 10 ply $390.00x2=$780.00
Mount 15.00x2= 30.00
12 x 16.5 85.00x2= 170.00
Mount 5.00x2= 10.00
3. Ava Tire Shop, Ava, MO
19.5 x 24 10 ply $257.18x2=$514.36
Mount 25.00x2= 50.00
12 x 16.5 10 ply 109.36x2= 218.72
Mount 6.50x2= 13.00

Motion made by Oren Alcorn to accept bid from Ava Tire Shop for (2) Goodyear Industrial tires - 19.5 x 24, for $514.36 plus mounting. Second by Delmar Guthery. Motion approved. All in favor.
Bid from Ava Tire Shop also lists front tires, but these are not being approved - just two back tires.

RESOLUTION 98.1: A Resolution Authorizing Century Bank of The Ozarks As Depositart For City Of Ava, Missouri.
Resolution read by City Clerk. Motion made by Oren Alcorn to approve and accept Resolution #98.1 Second to motion by Delmar Guthery. Motion approved. All in favor. Resolution was signed by Aldermen and Mayor and attested by City Clerk.

Harry Bingham said he had turned in a deal and he wants some answers.
On January 3rd, his boy was taken to police department, and he would like to find out if law is legal in City of Ava.
On January 3rd, has boy and a friend were playing in the backyard. City police were called out on a disturbance call by a neighbor. A man with a shotgun came onto his property and took his kids out of his backyard. Two police officers arrived - there was a man standing there holding a gun on his boys. His boys were taken to Sherriff's office, but the man was not. Mr. Bingham asked what was against the law? He said anyone to have a gun drawn on someone should be against the law.
Mayor Norman asked, "What's your question?"
Mr. Bingham said, "I want to know if it's legal in the City of Ava?"
Mayor said, "It's been turned over to the Prosecuting Attorney to investigate, he would make the determination."
Mr. Bingham said, "Don't you hire the police and don't you look into it? If a man holds minor children with a gun, it's against the law.
Mayor said when the investigation is over, we will know what is going on.
A question was directed to Alderman Alcorn. When a copy of Mr. Bingham's complaint was shown to him, he was suppose to have said, "consider the source". What did he mean?
Complaint was filed at Sheriff's office under authority of Sheriff's report, and that is not under jurisdiction of City.
When Mr. Bingham went to police department, lady in there said she'd get an officer tohelp him. Officer Matthews came in and told him "he couldn't give him any paper to file a complaint on".
Mayor Norman asked Harry who helped him fill out the complaint? Mr. Bingham said no one helped him. He sat down with it and it took two days to fill it in - he wanted to make sure he got it all written down.
His complaint is this man with the gun on his two boys was allowed to do this - and it's not legal.
Lena Marlin asked to direct a question to Alderman Alcorn. When she started petition, a boy at school said Mr. Alcorn had advised him at church to be very careful what he signs. Mr. Alcorn said yes, He did - he would give that advice to anyone asked to sign a petition.

BILL #1/98.1: An Ordinance Authorizing The City Of Ava, Missouri, To Submit To voters At Municipal Election On April 7, 1998, The Question Of Approving A Residential Trash Rate Increase To $8.95 Per Month.
Bill read by City Clerk. Motion made by Oren Alcorn to approve first reading of bill. Second to motion by Delmar Guthery. Motion approved. All in favor. Record of vote: Alcorn, aye; Guthery, aye; Davis, aye.
Second reading of bill by City Clerk. Motion made by Herman Davis to approve second reading of bill. Second to motion by Delmar Guthery. Motion approved. All in favor. Record of vote: Davis, aye; Alcorn, aye; Guthery, aye.
Thereupon, Bill #1/98.1 was duly passed and approved and numbered Ordinance #546.
There was discussion that followed. Alderman alcorn said he felt that people should know that reason this is being proposed, and the other options. The City sanitation department has lost money, having lost $26,000 last year. Alternative to City raising sanitation department rates is to contract it out to a private hauler. The residential & commercial rates would be increased.
Alderman Guthery said the dumping fee at landfill has gone up and is part of the problem.
There was discussion between Mayor and Aldermen about contract proposals from private haulers.
Landfill "tipping" fee now is $28.50 per ton. Mr. Guthery said he feels like we need to take this to the people to decide, and City would keep control over the service.

ACCOUNTS PAYABLE: Accounts payable were presented to Aldermen for review. Motion made by Oren Alcorn to approve accounts payable as presented. Second to motion by Herman Davis. Motion approved. All in favor.

CLOSED SESSION: Motion made by Oren Alcorn to move into closed session for discussion on personnel pursuant to RSMo 610.021(3). Second to motion by Delmar Guthery. Motion approved. All in favor.
During closed session Mayor Norman said bill Martin Memorial Airport lost $19,000 last year. Emerson Electric used airport - Copeland does not use it at all. Mayor proposed to do away with airport manager and stop buying fuel. Herman Davis asked if we could lease the sale of gas. Mayor said airport manager is paid $6,000 per year. Bud Miller is manager. He does a good job, but there is just no business right now.
Airport would be open during daylight hours, but no services provided. Mayor proposed we sell out all the fuel we hav on hand, but not refill tanks.
Motion made by Oren Alcorn to move to regular open session. Second to motion by Delmar Guthery. Motion approved. All in favor.

City clerk questioned board regarding Liquor License for Sunday liquor sales. There was discussion about issuance of Sunday sales licenses. There was some controversy on Friday over establishments being open on Super Bowl Sunday.

City has been informed by Sheriff Koop that County will be raising dispatcher's salaries. City has in the past paid same wage as County pays. county's new salaries went into effect at the first of the year, and they ask City to raise dispatcher's wages retroactive to January 1, 1998. Currently one dispatcher is paid $5.40 and one is paid $5.60 per hour. Proposed wage would be $1.40 on $5.60; and $1.15 on $5.40 wage.
Motion made by Oren Alcorn to bring wages of City dispatchers up to other dispatcher's wages, retroactive to January1, 1998.
Herman Davis questioned if City realizes how much good dispatchers do?
Mayor said County pays (3) dispatchers; City pays (2).
Alderman Alcorn said majority of calls are within City limits.
Second to motion by Herman Davis. Motion approved by vote of all ayes.

There was further discussion on Sunday liquor sales. Clerk asked for clarification. She was advised that any establishment licensed for liquor sales, that was open for business on Sunday, would be required to obtain through State and County the separate "Sunday" liquor licenses. The City then would allow them to be open. City will not permit "Sunday sales" if the business does not have State, County & City "Sunday sales" licenses.

Delmar Guthery asked if Casey's ever paid for material dumped at landfill when it was being built. That has been so many years ago, Mayor does not remember now.

Motion made by Oren Alcorn to adjourn. Second by Delmar Guthery. Motion approved. All in favor.

Meeting Adjourned.