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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 July 28, 2010)

Linn Creek seeks voter approval for ‘stacked’ tax

By Jeff Thompson
LINN CREEK - The city will be seeking voter approval in November for a 1.25-cent so-called “stacked” tax in addition to what the town already charges.

A resolution calling for the proposal to be placed on the general Nov. 2 ballot was unanimously approved by the Board of Aldermen at last week’s regular meeting.

The proposed stacked tax would include a half-cent sales tax increase, a half-cent for capital improvements, and a quarter-cent for transportation.

The city already has a one-cent sales tax in place. The one-cent is split up with one-quarter for parks, one-quarter for transportation and one-half for capital improvements.

The city listed a 2010-2011 budget of $976,846.

Mayor Jack Thornhill stressed that most residents wouldn’t be affected by the proposed increase.

“These are taxes that are paid primarily (by those) other than Linn Creek residents,” Thornhill said. “There are virtually no retail outlets in the city that residents make use of.”

The additional tax revenue would be generated by sales from local retail businesses such as Quality RV, Tonka Hills Restaurant and retail outlets in the Linn Creek Industrial Park, Thornhill added.

The mayor said city finances prompted the board’s decision to pursue the stacked tax option.

“We’re keeping afloat, barely,” Thornhill said, but added that the city doesn't have the "necessary" funds to make needed repairs.

The city has instituted a number of cost-saving measures such as eliminating all overtime for city employees and canceling annual salary increases. The mayor has reduced his monthly salary by $200.

The idea of a stacked tax is not without controversy. The city of Joplin faced a lawsuit in 2009 against its own stacked tax from private attorney Tom Burcham. Burcham is also a former state legislator for the 106 District.

Joplin was confident it could win the case but the city of Iberia was not so lucky in 2008 when a circuit court ruled it had illegally stacked taxes dealing with capital improvements.

The mayor said he was not worried about possible lawsuits descending upon the small town. Thornhill mentioned a letter issued from the Missouri Department of Revenue in 1999.

“This letter clearly authorizes cities for tax stacking,” Thornhill said.

The mayor also said City Attorney Jack Miller is also confident of the legality of stacked taxes.

“The opinion from Jack Miller is that this action is completely ethical and legal,” Thornhill said.

Thornhill added that he believed city residents would accept the stacked tax 1.25-cent increase.

“I have every confidence we can present it so it will be acceptable by the residents of Linn Creek,” the mayor said. “I believe they will understand it’s to their benefit to do this.”

The stacked tax would not affect the current sales tax, including a quarter-cent tax for the city park fund. The city has until the end of August to get the ballot initiative to the County Clerk’s office in time to be placed on the November ballot.

According to the Missouri Municipal League, House Bill 1442 was introduced this year in the Missouri House of Representatives.

It was officially dealing with the stacked tax issue but met with legislative problems and was watered down to the point of being ineffective.
 

(From left) OBFPD Assistant Fire Chief Terry Paul and Captain Steve Lucas pay tribute to firefighter Terry Dabney (sitting). Dabney recently retired from the fire department after serving for 24 years. (Reporter photo by Jeff Thompson)

Osage Beach firefighters honor retiring 24-year veteran

By Jeff Thompson
OSAGE BEACH - The very first call Firefighter Terry Dabney responded to - in the words of Assistant Fire Chief Terry Paul - “was one of those that wasn’t one of the ‘pretty’ calls.”

A multi-vehicle accident had occurred on Hurricane Deck Bridge which included an overturned tanker trailer that caught on fire. The tanker trailer driver, as well as a newlywed bride, died.

The year was 1986, and Dabney was just starting out as a firefighter for the Osage Beach Fire Protection District (OBFPD).

“That’s the kind of call that’s a gut-check call,” Captain Steve Lucas said. “A lot of people would have turned tail and ran, but Terry turned it into a 24-year career.”

Paul and Lucas, along with many others, were on hand at OBFPD Station One to honor Dabney as he entered into his retirement from firefighting.

Paul told the crowd that the district had never officially retired anyone before; it was a new experience for everyone involved.

Dabney started with the fire district on June 10, 1986 as a volunteer and was part of the first group of paid firefighters the district had.

Paul shared with the capacity crowd the highpoints of that particular year, 1986.

Ronald Reagan was president; gas was 89 cents a gallon and the average yearly income was $22,400; the top movies were Top Gun and Platoon; television shows included Highway to Heaven, Growing Pains and Magnum, P.I.; popular musicians included Billy Joel, The Bangles and The Pretenders.

“That’s a lot of pots of coffee,” Paul said, with a smile on his face. Dabney nodded his head, agreeing wholeheartedly.

According to the fire district’s database, Dabney responded to nearly 2,000 incidents, took 375 training courses which equaled over 830 hours of training.

Paul pointed out that the list was incomplete because the district database did not take into account the full 24 years of Dabney’s career.

Lucas spoke of things and events moving in cycles.

“A firefighter’s career begins in the training room,” Lucas said, “and it’s fitting to end Terry’s in the training room: it’s come full circle.”

He spoke of firefighters belonging to one family, belonging to each other.

A special dispatch announcement heralded Dabney’s retirement, calling out his name, helmet number and years of service: “This marks the official retirement of Firefighter Terry Dabney,” the dispatcher said.

Dabney himself spoke last, before the ceremony broke off into small groups. He was visibly moved, as were Paul, Lucas and other members of his extended “family.”

He echoed the sentiment for firefighters being family.

“Everybody sitting here in the blue uniform knows what I’m talking about,” Dabney said.
 

Angry residents protest police tactics to aldermen

By Jeff Thompson
OSAGE BEACH - City officials listened to a barrage of angry complaints from local business owners aimed against the Osage Beach Police Department (OBPD) at last week‘s Board of Aldermen meeting.

The business owners contend that the actions of the OBPD against drunk driving are driving away customers - both tourists and residents alike.

“No one advocates drunk driving,” Juda Schell said. “(but) the image we are creating is not tourist friendly or ‘local’ friendly.”

Local attorney Sam Trapp was blunt in his assessment. As he introduced himself, he put all of his professional cards on the table.

“I sue cops,” Trapp told the board. “I sue cops frequently.”

The attorney echoed Schell’s opinion of city police alleged tactics against drunk driving.

“The reputation you have in this area is driving people away,” Trapp said. “All the people are asking for is reasonable enforcement.”

He spoke of being able to easily drive from one end of the city to the other during the height of tourist season much more quickly than ever before.

“It’s not better roads,” Trapp said, “it’s less people.”

Mexicali Blues owner Chad Kautz vowed not to accept the current situation.

“We are not going to sit back and watch the tourists leave,” Kautz said. He also spoke of new OB police officers - “Young kids out of the academy with macho attitudes are driving people away.”

KRMS Radio co-owner Ken Kuenzie told the board that locals and tourists alike are not going out to restaurants and taverns, but instead are staying close to home on a back porch or lake dock.

Kuenzie said whether or not the actions of the OBPD warrant such scrutiny, “perception is reality” when it comes to peoples’ opinions.

Bud Balke of Mothers Against Drunk Driving (MADD) spoke out in favor of the apparent crackdown on drunk driving.

“Sometimes enforcement becomes an unpopular thing,” Balke said.

Alderman Steve Kahrs interrupted Balke to clarify where the MADD spokesman lived.

Balke said he lives in Lebanon but drives through Osage Beach on his way to work in Jefferson City.

Gary Tompkins, owner of Bootlegger’s Saloon, said the overbearing law enforcement actions against drunk driving were not limited to the OBPD.

Tompkins said the Missouri State Highway Patrol and the Camden County Sheriff’s Department were also to blame.

“We need to send them (tourists) home with a smile on their face, not a DWI,” Tompkins said.

He added that even his wife would not drink a glass of wine with dinner for fear of being stopped and arrested. Restaurants and bars are being hit especially hard, Tompkins said.

“We need to work together,” Tompkins said, “(because) after 10 o’clock they might as well shut down.”

Alderman Kahrs thanked those who spoke Thursday night.

“I hope the board will take some of these comments quite seriously,” Kahrs said.

Alderman Dave Gasper was more ecumenical in his assessment of the public’s comments.

“We should listen to these people,” Gasper said, “(but) I personally have not seen any city police car waiting to arrest somebody.”

Both Trapp and Schell spoke of forming a Lake Area Law Enforcement Review Board similar to one that exists in Columbia. However, Alderman Kevin Rucker said the city already had a citizen’s advisory group in place.

Police Chief David Severson replied to the hard-hitting criticisms.

“I know that ‘perception is reality’ but I’d like to remind the board that the number of stops and arrests have been tracking down over the years,” Severson said. “A very broad brush was used this evening.”

The police chief said that driving under the influence is “a huge problem at the lake” and that one out of 10 traffic stops end up with an impaired driver.

Severson added that his door is always open and he welcomes public input.

“I would be happy to meet and talk about specific items about our officers,” Severson said.

The city had recently been the focus of DWI saturation patrols from the MHP called “wolf packs”.

According to MHP statistics, Camden County had the highest number of DWI-related traffic fatalities in 2008.

OB Board of Aldermen actions Thursday July 22

OSAGE BEACH - In other business at the July 22 Osage Beach Board of Aldermen meeting:

* The board gave first-reading approval to a bill that removes stop signs from Golf Road at Nichols Road and Broadwater Lane while placing a new stop sign at an “unnamed roadway formerly known as Broadwater”. Edelman said since the road is so short it would not be named.

According to a report to the board from City Engineer Nick Edelman, the contractor working for the Missouri Department of Transportation (MoDOT) will be closing Golf Road at Nichols Road permanently and that Broadwater Lane at Highway 54 was being disconnected from the remaining portion of the roadway.

* A supplemental agreement for the Passover Road Sidewalk Project was given first- and second-reading approval by the board.

According to City Engineer Edelman, the time frame for the original agreement has expired.

“In order for the city to receive federal funds for this sidewalk on Passover Road, we need a time extension to complete the project,” Edelman said in a report to the board.

The second phase of the project had been tied with the Hammons Convention Center, and when lawsuits halted the Hammons Center project in its tracks.

“We delayed the construction of this roadway project since we wanted both major construction projects to occur at the same time,” Edelman’s report stated.

* The board approved a request from City Attorney Edward Rucker to create an ordinance that limit’s the city’s liability from fee, tax and license change protests to five years.

“This is simply another tool in the box,” Rucker told the board. “It’s purely administrative.” Rucker explained.

* The board gave first-reading approval to an ordinance banning a marijuana substitute known as “K2” and “Spice”. The ordinance mirrors a similar statewide ban that is scheduled to take affect on August 28.

Alderman Kevin Rucker questioned the need for the city ordinance when the state has already acted on the matter.

City Attorney Rucker explained that city ordinances usually reflect state laws, thereby keeping the matter on a local level. A resident spoke earlier at the board meeting, urging the city not to pass the K2 ban.

* The bid for the Casa Bonita grinder pump construction project was awarded to Travis Hodge Hauling, LLC. The bid amount was $38,820.99.

According to City Engineer Edelman, the city has had previous projects with Travis Hodge Hauling, LLC with good results.

According to a report to the board from Edelman, funding for the project can be obtained through MoDOT mandated projects.

* Resident John Schell spoke to the board with a problem he had had with the Osage Beach Police Department (OBPD) over the Fourth of July.

Schell said he and his family had been launching fireworks from his dock near Passover Road. He said he was told by an Osage Beach police officer who did not identify himself that lighting fireworks within the city limits was illegal and to stop doing it.

However, Schell said the fireworks display was down to the “grand finale” and when the officer left, members of his family shot off the remaining fireworks.

After that, Schell claimed five OBPD vehicles quickly arrived. He said his son was handcuffed and placed in the back on one of the patrol cars.

One OBPD vehicle left, Schell said, while four others remained. Schell said that after about an hour, OBPD Officer Todd Davis said no one was going to be arrested but Schell would be issued a ticket.

“The action of the police was just out of hand,” Schell said. “They don’t have any common sense.”

 

Fire boat staffing to continue through Labor Day

OSAGE BEACH - The Osage Beach and Lake Ozark Fire Protection Districts will continue their pilot program of staffing a fire boat on the weekends through Labor Day.

According to Osage Beach Fire Protection District (OBFPD) Fire Chief Jeff Dorhauer, the Board of Directors of both fire districts voted to continue the freshman program based on response time.

“The average response time for the boat from the time of call until they were on the scene of the incident was six minutes and 16 seconds,” Dorhauer said. “This compares to last year’s response time of 14 minutes and 20 seconds. By staffing this boat on weekends we were able to reduce our response time by more than eight minutes.”

The program’s parameters were staffing a fire boat on Saturdays during normal weeks and Saturdays and Sundays during Holiday weekends. This trial period was set for Memorial Day weekend through the Fourth of July weekend.

According to the OBFPD, the objective of this trial period was to determine if by staffing the boat both districts would be able to reduce response time and help those responses by not over taxing the districts’ resources, as well as not overburdening Mutual Aid resources.

“Several key areas I looked at when analyzing this data to find if this process was a worthwhile venture for both the District and the public (included) response time (and)
overlapping incidents,” Dorhauer said.

During the period of this trial the fire boat responded to 12 emergency calls on the water.

The boat was staffed with two personnel from Osage Beach and two personnel from Lake Ozark.

Dorhauer noted that the location of the fire boat at the Grand Glaize Bridge was key to the success of this operation as it was located nearly in the middle of three fire districts and could quickly respond if needed in any direction.

During this trial period the boat was utilized on 12 emergency calls in the following districts: Osage Beach, Sunrise Beach and Lake Ozark.

According to Dorhauer, 50 percent of those calls occurred when Osage Beach crews were currently running at least one call on land. On three of these occasions both Osage Beach engine companies were running calls.

Dorhauer stressed that the statistics were based on Osage Beach; Lake Ozark’s were not available at time of the analysis.
 

City defines shelter/ball field policy

By Jeff Thompson
CAMDENTON - The Board of Aldermen has approved a resolution defining the city’s shelter and ball field reservation policy.

The city has been looking at streamlining the process, including the requirements necessary for a special use permit.

According to the new policy, a special use permit will be needed if 100 or more people are expected at the park event; the event is live musical entertainment, concerts and theatrical plays; fee collection on City property including donations, admissions, concession, or merchandise sales.

In addition, “public liability insurance in the amount of $1 million dollar naming the City of Camdenton as an additional insured is required for … Special Use Permits.”

The new Camdenton ball park policy includes:

* First consideration for use of the ball park is reserved for Youth and School league games and practices.
* All other reservations for use of the ball park will be based on a first come – first serve basis after verifying with specific league presidents that the field is available.
* A special use permit will be required If the ball park is reserved for a money-making event.
* League games and practices will be scheduled by the respective league presidents.
* All leagues must provide proof of $1 million dollars public liability insurance naming the City of Camdenton as an additional insured. Special events may require $2 million dollars of public liability insurance, if it is categorized as an excessive risk event.

As for reserving park shelters:

* Park shelters will be reserved on a first come – first serve basis;
* There is no charge to reserve a park shelter;
* Any group using a park shelter that wants to hang or place signs must have an approval from the city’s Building Department;
* Anyone having an approved reservation form from City Hall will have priority over those who do not have a reservation;
* The park shelters cannot be used for money-making events such as bake sales, yard sales, antique sales or food sales unless such persons or groups are not-for-profit and has obtained a special use permit from the city.

According to the policy there are certain activities or events that are not allowed in the city parks, including:

Tethered hot air balloon rides; climbing walls; fireworks, pyrotechnic displays and torpedo/rockets: helicopters, airplanes, powered parachutes, hang gliders and other aerial or aviation devices; motorized vehicle races or contests and precision driving contests and stunts; remote control airplanes; and “other activities determined to be excessive risk events by the authority having jurisdiction.”

The policy states special event permits are usually decided on within five business days.

However, for major events, decisions may take up to two to three weeks and may require a pre-event meeting with officials.

In addition, alcohol is not allowed in the park, which closes at sunset (except for the ball fields).

Request for reservation forms can be found in the city’s website -www.camdentoncity.com - or from City Hall on West Highway 54.

For more information call City Hall at 573-346-3600.


Manhunt ends in Georgia

CAMDEN COUNTY - The search ended for a 21-year-old Brumley man accused of false imprisonment and rape with his arrest in Lamar County, Ga.

A number of law enforcement agencies have been searching for Timothy Charles Colwell since Wednesday, July 14, when he eluded officers by fleeing into a heavily wooded area near the Walmart store in Camdenton.

Colwell was wanted on questioning of a reported rape in Miller County, according to Camden County Sheriff Dwight Franklin.
Franklin said investigators had contacted family members, friends, businesses, and other law enforcement agencies in an effort to track Colwell down.

According to Franklin, Camden County detectives developed information that Colwell had fled to the state of Georgia. Detectives then contacted Georgia authorities who began searching for Colwell.

Colwell was taken into custody without incident and is currently being held in the Spalding County Jail in Georgia, pending extradition back to Missouri.

Captain Gary Bowling of the Camden County Sheriff’s Department (CCSD) had stated the department received information early Thursday morning that Colwell had driven the victim to a residence in Linn Creek after keeping her confined for several hours in the vehicle.

Bowling had stated that the victim managed to go inside a residence in Linn Creek, but the suspect allegedly forced his way into the house and assaulted the occupant of the house. He then fled the area on foot.

Colwell was sighted near the Camdenton Walmart in a wooded area. Search teams from the CCSD, Camdenton Police Department, Osage Beach Department of Public Safety, Linn Creek Police Department, Missouri StateWater Patrol, and the Missouri State Highway Patrol made several attempts to locate the suspect but were not successful.

The foot search had been scaled back due to extreme terrain and temperature indexes over 100 degrees.

Colwell has been charged with Kidnapping, First Degree Burglary, Domestic Assault, Stealing, and Tampering in Camden County.

 

Fuel leak investigated in Climax Springs

CLIMAX SPRINGS - The Missouri Department of Natural Resources is overseeing the cleanup of fuel leaked from a Camden County convenience store.

The department was contacted last week by the Camden County HAZMAT Team reporting fuel leaching from under the parking lot of Barry’s Z-Mart at Highway 7 and Route Z in Climax Springs.

DNR dispatched an environmental emergency responder from Jefferson City to the scene.

The department also contacted the Missouri Department of Agriculture’s Division of Weights and Measures.

An investigation found at least one of the fuel lines at the convenience store to be leaking.

DNR has engaged an environmental contractor to conduct the cleanup and will also be determining how much of the fuel entered a local waterway and what environmental damage the leak may have caused.

The department’s environmental emergency responders are called to the scene of more than 300 emergencies each year, including leaking storage tanks, fires, traffic accidents and other incidents that could negatively affect the environment.

DNR’s 24-hour spill line receives more than 1,600 incident reports annually.

To report an environmental emergency please contact the spill line at 573-634-2436.

For more information contact the Missouri Department of Natural Resources at 800-361-4827 or 573-751-3443, or visit the department's Web page at www.dnr.mo.gov.
 

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