December 14, 1998

Present: Mayor Scott Fleetwood
Alderman Herman Davis
Alderman Delmar Guthery
Alderman Don Davidson
Alderman Leon Harris
Marilyn Alms, City Clerk
City Attorney, Carl Smith

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

Guests: An attendance register was provided for guests to sign.

Call to Order: Meeting called to order by Mayor Fleetwood.

Roll Call: Upon call of the roll, the following aldermen were present: Delmar Guthery, Leon Harris, Don Davidson, and Herman Davis.

Approval of the minutes: Minutes of the November 23, 1998 were mailed to the aldermen for their review. Motion was made by Alderman Don Davidson to approve the minutes as presented. Second to the motion by Alderman Leon Harris. Motion carried. All in favor.

Citizen’s Comments: Animal Welfare League members Fred and Barbie Ernst came to hear the report on the dog kennel inspection.

Dispatchers: Sheriff Gary Koop: Our present agreement with the county is that the city pays salary for 2 dispatchers and the county pays 3 dispatchers. County auditors recommend that the county submit a contract with the city to pay monthly contract amount to county, rather than issue payroll checks to the two employees. Presently city cost has been $32,530. The county contract proposal is for $34,000 which includes training costs. Mayor Fleetwood asked if the county would accept monthly payment and recommends this payment schedule. Sheriff Koop assured the aldermen there would be no change in the working relationship. Motion made by Herman Davis to accept the county’s $34,000 contract proposal. Second to the motion by Don Davidson. Motion approved. All in favor. The county court will meet later this week. Details and a contract will be agreed upon then.

Dog Kennel inspection: State inspectors did an inspection of the city animal pound facilities and there were some violations that needed to be corrected.

Fred Ernst spoke to the aldermen about the newly organized Ava/Douglas County Animal Welfare League. The first step of the organization will be public education. They attended the meeting to find out what the group can do to assist the city.

Mayor Fleetwood has obtained information from the American Humane Society on grant monies available. As a temporary solution to violations, the city has purchased two metal kennels to place in the maintenance building for this winter. Fred mentioned the city’s ordinance that allows animals to be kept for 6 days only and would like to work with the city on keeping the animals alive a few days longer. He pointed out that 6 days isn’t a weekly newspaper cycle, if we described animals in paper for redemption or adoption.

Sidewalk plan: SCOCOG has notified the city of 80% grant monies available through the Department of Transportation. SCOCOG has submitted a proposal for a sidewalk master plan with the cost not to exceed $1,000 and part of this might be recouped through grant funds. Motion made by Don

Davidson to approve the proposal by SCOCOG. Second to the motion by Herman Davis. Motion carried. All in favor.

There was a discussion on ownership and responsibility of maintenance of sidewalks. City Attorney Carl Smith advised that the city has been held responsible in past instances. Mayor Fleetwood asked Mr. Smith to research this question.

Electric transformers: The cost to rebuild 14 transformers is $2,974, while a new transformer costs $800.

Bill #12/98.17: An ordinance amending Section 42 Failure to Appear in Chapter 34 – Courts – of City Code of Ordinances.

Bill read by City Clerk. City Attorney explained the court procedure and reason why the city needs to enact this ordinance. Motion made by Herman Davis to approve the first reading. Motion approved. Record of vote: Davidson, aye; Davis, aye; Guthery, aye; Harris, aye.

Second reading of Bill #12/98.17 by City Clerk. Motion made by Don Davidson to approve second reading of the bill. Motion approved. Record of vote: Davidson, aye; Harris, aye; Davis, aye; Guthery, aye.

Thereupon Bill #12/9l8.17 was duly passed and approved and numbered Ordinance 561.

Planning and zoning: An agenda of the December 15 Monthly Planning and Zoning Commission meeting was given to the aldermen for their information. Also, City Clerk notified them that there has been a request submitted by Jack and Sheryl Hamer to rezone some commercial property and this public hearing will be held at the January monthly P/Z meeting.

Resolution 98.11: A resolution by the Board of Aldermen to amend the current year budget. Resolution read by City Clerk Motion was made by Herman Davis to approve and adopt Resolution98.11. Second by Leon Harris. Motion approved. All in favor.

Resolution 98.12: Notice of Award of Contract to Smith & Edwards, Inc. of Mountain Grove, Missouri; bid amount, tabulated and verified by project engineer Scott Consulting, is $160,321.

Motion made by Don Davidson to approve Resolution 98.12. Second by Don Davidson.

Delinquent Utilities Notification to Customer: Mayor Fleetwood referred to City Code Chapter 98 Section 343 Discontinuance After 15^th of Month – two notices are sent by city utilities to delinquent customers. Mayor recommends eliminating the second notice sent out on the 20^th of each month. The aldermen discussed the disconnect procedure.

City code chapter 70 Peddlers and solicitors licensing: Ordinance #425 approved in September 1988 was replaced in the revised Code of Ordinances Chapter 70 Itinerant Merchants and Solicitors. City Attorney Carl Smith advised that it would be discriminatory to exempt charitable and religious organizations. After a lengthy discussion the aldermen decided to retain Chapter 70 in the City Code.

Employee handbook: Mayor Fleetwood submitted copies of VAMS 191.167 Public Health and Welfare – Chapter 191 Health and Welfare – Indoor Clean Air Act (smoking regulation).

Mayor Fleetwood read a memorandum concerning smoke-free environment dated 11/23/98 "The City of Ava recognizes the importance of risk management as a vital part of the total structure of municipal government. In striving to meet the standards set by OSHA and the Missouri Clean Indoor Air Act of 1992, the City provides for it’s employees smoke-free public workplaces and worksites, except in designated smoking areas.

BOCA Building Code regulations: Mayor Fleetwood recommends retaining our present Chapter 18Residential Building Regulations, and adopting BOCA for commercial building regulations and as a reference for residential building questions if that question is not addressed in Chapter 18 of the city’s code. Aldermen are in agreement with this recommendation and the City Clerk and City Attorney will work together to draft an adoption ordinance.

Fire department: Winter fire school: Tuition is $90 per person plus room and board for two days. Request by the Fire Chief for approval for 4 firemen to attend. Registration is due by the end of the year, with the school in February. The aldermen agreed that up to 4 people can attend.

Animal control officer: Animal control officer Rick Graham has requested purchase of a Cat Tong (38" $80) and Ketch-All Pole (5’ $87) from Campbell Pet Co., Brush Prairie, WA. Aldermen are in agreement to purchase these.

Street department equipment: 10 ton hydraulic service jack for large trucks – 3 bids obtained:

O’Reilly Automotive

Hawkeye brand $1,100.00

Stoddard Equipment

Dayton brand $1,879.00

Big A Auto Parts

Lincoln brand $1,324.25

Motion made by Leon Harris to purchase the Lincoln jack from Big A for $1,324.25. Second to the motion by Herman Davis. Motion approved. All in favor. The reason for not accepting the lower bid – Lincoln brand is known to be reliable equipment and the aldermen are not familiar with the quality of the Hawkeye brand offered by O’Reilly.

Closed session: Motion by Herman Davis to move into closed session for discussion of personnel pursuant to MoRS 610.021(3). Second to the motion by Leon Harris.

Open session: Motion made by Herman Davis to move to regular open session. Second to motion by Don Davidson. Motion approved. All in favor.

City Attorney: Motion made by Herman Davis to increase monthly salary of the City Attorney to $1,500 plus carry him in the city’s health insurance plan. Second to the motion by Leon Harris. Motion carried. All in favor.

Contractor’s Bond: Ava Insurance Agency needs to have a copy of a bond form or an ordinance stating what the city requires.

Employee Review: Aldermen agreed to increase the hourly wage of Janice Lorrain and Russell Fratti from $6.50 to $7.00 after their 90 day wage review.

Retiree benefit: A resolution will be presented in January in regard to insurance benefit.

Adjournment: Motion made by Leon Harris to adjourn. Second to the motion by Don Davidson. Motion approved. All in favor.

On January 11, 1999, minutes were:

_____ Approved by Board of Aldermen

_____ Corrected or amended by Board of Aldermen

____________________________________

Mayor Scott Fleetwood