The Reporter Serving Lake of the Ozarks MO

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The Reporter covers Miller, Morgan and Camden County in Central Missouri's Lake of the Ozarks and is published once per week on Wednesdays.

(News Last updated Aug. 25, 2010)

Sorry about that: Want your job back?

By Jeff Thompson
LAKE OZARK - The Board of Aldermen voted 5-0 to rescind their decision to terminate City Administrator Dave Van Dee’s contract at a special meeting last Tuesday night.

The board reversed its previous decision after hearing allegations of illegal procedures and Sunshine Law violations from residents speaking in favor of Van Dee.

Although the board voted to rescind their decision, it remained unclear as of the afternoon of Friday, August 20, whether Van Dee would resume his employment with the city.

According to City Clerk Rachel Kelley, Van Dee met with Mayor Johnnie Franzeskos and City Attorney Roger Gibbons Wednesday afternoon to the discuss the matter but no decisions had been announced.

However, a city agenda for the August 24 board meeting sent out Friday afternoon included Van Dee listed as city administrator.

When the board voted in open session 4-2 to terminate Van Dee’s contract at its August 10 meeting, the nine-month severance clause would have taken effect, valued at a little over $51,000.

The board had made a counter-offer to Van Dee at the August 10 meeting - six months severance with a $1,000 bonus and an extra week of pay - but he turned it down.

Van Dee would have been trading away approximately $17,000 worth of severance pay if he had accepted the offer.

A number of residents spoke out at the August 17 special meeting, all in favor of keeping Van Dee in the city administrator’s position.

One such resident told the aldermen they “should reinstate (Van Dee) with a sincere apology.”

Another resident - Mary Luetkemeyer - said Van Dee had shepherded many projects for the city since his arrival as administrator, including the move to a new City Hall building as well as helping to finalize the agreements necessary for the Horseshoe Bend Parkway project.

She also said she was angry at an alderman’s remark at the August 10 board meeting insinuating that public comments about Van Dee’s dismissal would become a “dog and pony show.”

Joe Barfield, former interim city administrator, also spoke out against the board’s decision to fire Van Dee.

He said that the city had violated numerous terms of Van Dee’s contract including not giving a 30-day written notice of possible termination and not giving a performance evaluation in June.

(Alderman Susan Drummond had announced at the board’s August 10 meeting that she had indeed written out a 30-day notice to give to Van Dee but was told by Alderman Larry Buschjost that no single alderman had the right to give that type of employment notice on their own.)

Barfield told the board that since the city had gone through “six administrators in 11 years - that’s not a good record,” the chance of finding someone qualified to replace Van Dee was remote.

He also gave mention to the dog-and-pony-show wisecrack.

“This kind of comment will be remembered,” Barfield warned.

He ended his remarks to the board by asking those in attendance in favor of Van Dee remaining as city administrator to stand up; nearly everyone in the audience were on their feet to the sound of muted applause.

Aldermen Drummond, Langley, Robert Davis and Jeff Van Donsel all voted to terminate Van Dee’s contract at the August 10 board meeting while Aldermen Buschjost and Judith Neels voted against the measure.

Alderman Davis had some comments of his own to make at the August 17 meeting.

According to Davis, the board received an email from the city attorney the following Friday advising the aldermen that they did not perform the act of firing Van Dee correctly.

The city attorney said the action taken by the board was a personnel matter that had not been listed on the August 10 agenda, according to Davis.

Davis’s position was that the action was not a personnel matter, it was a legal matter since the board was looking to terminate Van Dee’s contract.

Davis also said that the vote had been 5-1 in closed session to terminate that contract.

He then aimed his attention to the audience, saying the residents were not aware of all the facts.

“You guys are all here on pretense, and not the truth,” Davis said.

The comment was not well-received by the audience.

Although aldermen had hinted at other possible problems with the city administrator that were discussed in closed session (“There are other issues,” Alderman Don Langley had said at the August 10 meeting, “we can throw out all the dirty laundry and let everybody know.”), their publicly stated difficulty was with the nine-month severance package included in Van Dee’s contract.

After the meeting, Van Dee (who was present during the proceedings along with his wife) expressed his surprise and gratitude to the residents who had shown up to speak on his behalf.

Ohio man found dead in lake

LAKE OF THE OZARKS - A 24-year-old Ohio man drowned Saturday night near the 6 Mile Marker on the Gravois Arm in Morgan County, according to the Missouri State Water Patrol (MWP).

David Swartzentruber, of Fredericksburg, Ohio was last seen walking towards a dock at approximately 8 p.m., the patrol said.

His body was recovered from under the dock in five feet of water at approximately 8:40 p.m.

No other details were provided on the death.

The MWP reported another Saturday evening drowning incident, this time on the Meramec River in Crawford County.

According to the patrol, Jonathon Garcilaso, 29, of Union, Mo jumped from a cliff into the river, hit his head and did not resurface.

The body was recovered at approximately 6:50 p.m.

The Gravois Arm drowning marks the third fatality on the lake this season.

The first was a Shawnee, Ks. Man who had jumped from the Hurricane Deck Bridge on July 4 and did not resurface. The second was a three-year-old Osage Beach boy who apparently wandered down to a dock in the early morning hours of August 5.

The Missouri State Highway Patrol (MHP) also reported several vehicle accidents over the weekend, with injuries ranging from serious to minor.

A one-vehicle accident early Friday afternoon in Camden County left a Waynesville man with serious injuries and a Waynesville woman with moderate injuries.

According to the MHP, Daniel J. Sien, 32, was driving a 2005 Harley Davidson on Route A near Lowell Williams Road in Linn Creek when he downshifted and lost control of the motorcycle on wet pavement.

The motorcycle went off the right side of the roadway and overturned, ejecting Sien as well as his passenger, 31-year-old Charity Ogle.

Sien suffered serious injuries while Ogle suffered moderate injuries. Both were taken to Lake Regional Hospital in Osage Beach by EMS.

A two-vehicle accident early Saturday morning in Miller County left six lake area people with minor injuries.

According to the MHP, a 2004 Ford driven by Dwayne B. Lee, 42, of Iberia entered a curve on the driver’s right, crossed the center line and struck a 200 Jeep head-on.

The Jeep was driven by 23-year-old Sarah N. Downing of Brumley.

The incident occurred on Highway 42 just east of Brumley at 12:30 a.m.

Both Lee and Downing, as well as four other passengers in Downing’s vehicle - one-year-old Autumn Downing, four-year-old Isabella Downing, two-year-old Brianna Finneran and 21-year-old Barbara Long - all suffered minor injuries and were taken by ambulance to Lake Regional Hospital.

A two-vehicle accident Saturday morning occurred on Highway 5 just south of Nuthall Road in Camden County.

According to the MHP, a 2000 Lincoln driven by 73-year-old Ruby Campbell of Stover stopped for traffic and was struck in the rear by a 2003 Chevrolet driven by Jo Ann Herndon, 68, of Platte City, Mo.

Ruby Campbell and Kenneth Campbell, 73, of Macks Creek, both suffered minor injuries and were taken to Lake Regional Hospital by private conveyance.

A one-vehicle accident late Saturday afternoon on Highway 7 near Route NN in Camden County left a 22-year-old Knob Noster woman with minor injuries.

According to the MHP, Ashlee D. McDaniel was driving a 2009 Chevrolet when the vehicle went off the right side of the road and struck a culvert.

McDaniel suffered minor injuries and was taken to Lake Regional Hospital.

Improvements coming to airport thanks to grant money

By Jeff Thompson
OSAGE BEACH - The Grand Glaize Airport will take advantage of state and federal grants to help pay for some new equipment and pavement maintenance.

The Board of Aldermen awarded bids for the airport projects at its regular meeting last Thursday.

According to Airport Manager Budd Hyde, the pavement maintenance project involves the airport’s taxiway and runway.

A friction seal coat and the remarking of the runway and taxiway will be done in accordance to the latest Federal Aviation Administration (FAA) design specs, as well and cleaning and sealing joints and cracks on all pavement surfaces.

The project - awarded to McConnell and Associates Corp. - will cost $108,439.68 but primary funding will come from both state and federal sources.

According to a report to the board from Hyde, 90 percent of the cost for the taxiway project will come from the state, specifically the Missouri department of Transportation-Aviation and the Missouri Highways and Transportation Commission.

However, 95 percent of the cost for the runway project will come from the FAA.

According to comments from City Administrator Nancy Viselli included in Hyde’s report, the city’s portion of the total cost will be $7,824.98 (runway at 5 percent, $3,018.99; and taxiway at 10 percent, $4.805.99)

Bishops Construction Company also bid on the pavement projects.

In addition to improved pavement surfaces, the board approved a bid to replace the primary wind cone at the airport.

“The Grand Glaize Airport lost its primary wind cone due to the collapse of the hangar building on which it was mounted,” Hyde said in a report to the board. “As such, a new wind cone needs to be erected to give pilots a visual reference for wind awareness when the airport is unmanned.”

The airport is currently using a smaller wind cone at the north end of the runway by Highway 54, Hyde added.

“This is a project that was addressed in the Airport Layout Plan and needs to be accomplished to bring Grand Glaize Airport up to FAA design specifications for a primary wind cone,” Hyde’s report stated.

The bid was awarded to Strukel Electric, Inc. in the amount of $14,980.

State grant funding will pay for 90 percent of the cost, which leaves the city with a total cost of $1,498.

Osage Beach Board of Aldermen actions Thursday Aug. 19

OSAGE BEACH - In other business at the August 19 Osage Beach Board of Aldermen meeting:

* The board gave second-reading approval to an ordinance that amends the city code dealing with business licenses.

Basically, the code was amended to allow one business license for a real estate broker’s office to apply to all agents working out of that particular office.

The amended code requires independent real estate brokers to have their own separate license.

* First- and second-reading approval was given to an ordinance amending the schedule of stop signs.

According to City Engineer Nick Edelman, stop signs will be placed at the intersections of Sycamore Valley Drive and Case Road; Melody Lane and Case Road, and Shore Acres Drive and Case Road.

In a report to the board, Edelman stated that for the stop signs to be legally enforceable, they needed to be established by ordinance.

* In addition, the board gave first- and second-reading approval to a budget amendment to allow for the purchase of a “remounted” ambulance.

According to a report to the board from Assistant City Administrator Jeana Albertson, “Transfers to the Ambulance Fund from the General Fund will be adjusted for (the) amount needed to make the Ambulance Fund balance by (the end of the year).

It is expected that transfers to the Ambulance Fund will be adjusted for less than the $77,750 cost due to anticipated increase in fee revenues and a decrease in other expenses within the fund by (the end of the year).”

* A maintenance contract for the City Hall ground source heat pump system was approved by the board.

According to a report to the board from the city’s building department, the city had entered into a contract with Geo Enterprises, Inc. for the maintenance of the heat pump system with an option to renew the contract at the same price and terms.

“Over the past year we have had outstanding cooperation and service from Geo Enterprises, Inc.,” the report stated. “Their responses to our requests have been timely and their preventative services appear to have been very effective.”

The new contract is in the amount of $5,400, the same as last year.

* Alderman Kevin Rucker wanted to clear the air about his position on DWI enforcement.

He said that while he did not like the name given to the Missouri Highway Patrol’s DWI saturation efforts (“Wolfpack”), he did not oppose the patrol’s efforts to control drunk driving, although he did question the patrol’s emphasis on Osage Beach.

He also said that a story in “the paper” (the Lake Area Focus, he later clarified) was incorrect in representing his opinions.

He said that while he did not agree with Alderman Steve Kahrs’ “feelings”, he did agree with having citizen input about the situation.

“We have a fine police chief and a great (police) department, they’re doing a fine job,” Rucker said.

*Aldermen John Olivarri and Lois Farmer both praised the recent two-day symposium about the Lake of the Ozarks hosted by the Missouri Attorney General’s office.

“It was two days that were well spent,” Olivarri said. “I enjoyed every minute of it,” Farmer said.

Olivarri also gave special thanks to the Osage Beach Special Road District for its help in paving Hatchery Road leading to the City Park.

* Alderman Ron Schmitt was cryptic in his remarks about the symposium: “Isn’t it interesting that the beaches that are closed (from time to time from E. coli levels) are Public Beaches #1 and #2. That’s all I have to say about that.”

* Alderman Steve Kahrs was absent from the meeting.

New bridge over Osage River opens to fanfare

TUSCUMBIA - Traffic began flowing recently over the nation’s first project to begin construction under the "Stimulus" (American Recovery and Reinvestment Act.)

After 18 months of labor, the bridge spanning the Osage River that garnered national and international media attention in February 2009 opened to drivers.

“Recovery act funds helped push the timetable up on this much needed project, supporting jobs in a bleak economy and creating a much safer passage over the Osage River for local citizens sooner than expected,” said MoDOT Interim Director Kevin Keith. “Missouri showed the nation that transportation projects could indeed have an immediate impact on putting people to work.”

The opening culminated with an inaugural parade of vehicles representative of how the bridge connects the community and the region surrounding it, from Fort Leonard Wood army personnel to emergency responders, the Miller County R-III school district and local farmers.

The local community also hosted a day-long event to celebrate the completion of the bridge.

“What an improvement! The citizens of Miller County have looked forward to and are very excited about the new and safer Osage River bridge,” said Tom Wright, Miller County Presiding Commissioner. “Construction of the new bridge was a very positive project in the community and the trickle-down effect from the stimulus provided work for several local people and businesses.”

The project supported 240 direct, indirect and induced jobs, from employees building the bridge to companies providing concrete, steel and new equipment, to local businesses providing fuel, lodging and food.

The new 970-foot bridge is a little shorter than the Depression-era span it replaced, but it is noticeably wider with two eleven-foot wide traffic lanes and three-foot wide shoulders.

The bridge provides an important route to major employers, including state government in Jefferson City, regional medical care units, the state’s fourth largest tourist destination at the Lake of the Ozarks and is a critical north-south route to and from the Fort Leonard Wood army base.