Democrat News Online
City given order to cease and desist
By Robert Vanderbrugen/Democrat News
Oct 15, 2008 - 15:05:58 CDT
(Water line flushing will continue through November).

The Fredericktown City Council held a Full Council meeting Monday evening.

During the meeting, aldermen said they had been given a Cease and Desist order from the US Army Corps of Engineers. According to Ward I Alderman Brandon Hale, the order required the City to stop any work being done on the wetland area on Lincoln Dr., and return the area to its original condition.

Ward II Alderman Sie Merriman said the order had been signed by Col. Thomas O’Hara, Commanding officer out of St. Louis. (According to Merriam-Webster Dictionary; land or areas (as marshes or swamps) that are covered often intermittently with shallow water or have soil saturated with moisture). The  dispute stems from, among other issues, whether or not the property has been mowed and maintained or not for the last seven years. If not, the Corps marks the area as a protected wetland. City Operations Manager Kenny McDowell said it has been cleared and mowed on a few instances in the last seven years. Council made no statement as to whether or not they will comply with the order.

They also had a public hearing from 6:15 to 6:32 PM regarding a special use permit for a photography studio at 407 S. Main St. No objections were heard and the special use permit passed.

Mayor Danny Kemp said he has heard many people say they are sad the Pickin’ on the Square has ended for this year. However, Kemp said they plan on bringing it back next year and hopes are it will be bigger and better. Kemp also reported his attendance at the candlelight vigil in Desoto for the victims of domestic violence. Kemp said if anyone has the opportunity to attend one of these vigils, they should. Kemp also spoke about the fund raising efforts underway for the “Happy Feet” project. The goal of the project is to raise sufficient funds to build a playground in Fredericktown for all disabled children. He said Donna Thompson is heading up the project. You can call her for more information.

Halloween night trick or treat time has been set; starting at 5:30 PM and ending at 8:00 PM October 31, according to the mayor.

Interim City Administrator Jim Dismuke said the new budget had been nearly finalized. Aldermen voted by motion and vote to accept the new budget. A copy of the budget, when completed, will be available to the public for a nominal copying charge according to Ward I Alderman Brandon Hale.

City Marshal John Wright expressed his appreciation to the aldermen for allowing the hiring of one new officer (Dennis Seiter), the purchase of one police car and three patrol car cameras at $50 each. He reported ten complaints of grass and weeds, four junk car complaints, one complaint of trash in the yard, and five abatement notices mailed. Wright also reminded the Council of the expense of maintaining the older police cars compared to the cost of obtaining a newer vehicle. Ward II Alderman Sie Merriman complimented the department by saying “good job” on the work they have done.

Aldermen said they have received three resumes/applications for the open Ward I Alderman position. Council agreed to set up an informal question and answer time to speak with all three applicants; Harold Thomas, Ernie Terry and Rhada Rao. The position would be filled by accepting the mayor’s recommendation and by the Board’s approval of the recommendation. The position would be held until the next public ballot vote in April, 2009 according to city officials.

The City has entered into negations with New Cingular Wireless PCS, LLC/AT&T to re-negotiate the lease agreement, between the City and Cingular, on the tower in back of City Hall. The rent over the last five years has been $8,400 annually during the 5 years of the agreement. The new lease extension indicates a new base rent of $7,200 annually. The lease agreement has not yet been accepted by the Board of Aldermen. The new effective date, if approved, will be January 1, 2009.   

Municipal Court revenues report indicated a total of $5032.50 for September, 2008.

The aldermen accepted, by motion and vote, the bid for a siren warning system. The bid went to Federal Signal Corp out of University Park, Illinois for $24, 120.40. The only other bid received was from Safetycom, Inc. for $21,835.10. City officials said the Safetycom bid did not follow the bid specifications, therefore the aldermen rejected the bid. Funding for the siren warning system will be done in part by a United States Department of Argriculture (USDA) grant.

One bid for auditing services was presented at this meeting from Boyer and Associates, PC. of Park Hills, Missouri. The bid was $18,750 to conduct an audit of the audit year ending September 30, 2008. An ad may be placed in the Missouri Municipal League magazine requesting  additional bids.

Council decided to have an employee recognition dinner beginning at Noon on Friday, November 7, 2008 at Teen Town. The food will be provided by the mayor and aldermen at their own expense with some food provided by Sandy and Obi LaPlant of Fredericktown. The employees will be allowed to leave for the day, if they attend the dinner-except for the police department employees on duty according to the mayor. The City is also discussing the establishment of an Employee of the Month award and an Employee of the Year award.

In Remarks of Personal Privilege;

Ward III Alderman Mark Tripp commented on the discussion he had with US Representative Jo Ann Emerson at the Chamber luncheon at Vance Winery and the economic crisis the country is facing. He said he appreciated her insight into the matter. Tripp said Emerson was impressed with the skills of Dismuke, she would like to take him around to every county she serves to help show them how some business and economic development can be done.

Ward II Alderman Rick Polete said he was grateful for the public support of the Chili Cookoff. Polete said the fire department gets closer every year to reaching their goal of a New Jaws of Life tool for the Fredericktown Fire Department. He said he looks forward to next year’s cookoff.

Ward I Alderman Brandon Hale expressed his appreciation of the work the department heads, budget committee and city officials on their work on the budget. He said a lot of hours were spent working on the budget. Hale also encouraged more residents to get involved with local government.  Ward I residents can call him about Fredericktown issues, including the wetland/swamp Cease and Desist order.

Dismuke requested permission to attend a downtown revitalization seminar in Jefferson City on October 29-30. Council approved the request. Dismuke said the new Americorp Vista worker is Katie Cox. She will be coordinating volunteer efforts and handling the Main St. Program. Current Vista worker Shanna Sorg has had her contract with the City extended for one year as well.

Council went into closed session for one contract matter and two litigation matters.
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