Courthouse News 12-23-20: Commission considers advice, information about mask mandate

Dec. 16, 2020

Cheryl Alexander, Daviess County Health Director, met with the commission to advise them of ongoing Coronavirus cases in Daviess County. Cheryl advised as of Wednesday morning (12-16-20) the county had 454 total cases with 106 actives, approximately 12 in the hospital, 336 out of isolation, and 12 deaths.

Cheryl discussed the possibility of imposing a mask mandate due to the fast-growing number of cases in Daviess County. She advised that Grundy County, Livingston County and Harrison County have all implemented mandates, and that she has the legal power to do the mandate and implement fines.

Discussion was held regarding implementing a mask advisory for 30 days that will turn into a mandate if residents and businesses don’t comply and numbers don’t come down. Cheryl advised that some Moderna vaccine may be available soon for health care workers and residents of health care facilities. It will also be two doses given four weeks apart. They will not offer complete effectiveness until 2 weeks after the second dose, so all precautions including wearing masks in public, social distancing always and aggressive hand washing will continue to be necessary for the next two months or more.

The commission also received a letter from the Missouri State Medical Association asking them to consider a county-wide mask mandate.

James Lewis, road and bridge supervisor, was not able to meet with the Commission this week due to an emergency. Discussion was held regarding some requests for bids for brush mowing. The mower is mowing in Benton Township this week.

Discussion was held regarding three open positions on the Daviess County Board for the Developmentally Disabled (Senate Bill 40). Jim Ruse advised the commission the SB40 board is recommending appointment of Brenda Wright, Jeanette Sprague, and Julie Osborn. No other applications were received. Wayne Uthe made a motion to appoint these three people to serve three-year terms beginning in January 2021; David Cox seconded, and the motion passed, 3-0.

Discussion was held regarding most of the townships needing to submit their petitions to renew their additional road and bridge tax levies of $0.35. These petitions need to be received in the county clerk’s office no later than Jan. 12 in order to be approved by the commission Jan. 13 so they can be added to the April ballot. Final certification for the April 2021 election is Jan. 26, according to Ronetta Burton, County Clerk. David Cox made a motion to add the additional $0.35 tax levy for Grand River Township for the April 2021 election; Wayne Uthe seconded, and the motion passed, 3-0.

Discussion was held regarding the salary for the public administrator, Kayla Michael, for 2021. Per RSMo 473.742 her salary is set by statute, not by the salary commission, and is tied to how many conservatorships and guardianships she has averaged over the last two calendar years. Wayne Uthe made a motion to raise Kayla’s salary for 2021 per state statute due to an increase in wards for the last two years; David Cox seconded, and the motion passed, 3-0.

Jackie Soptic, Green Hills Regional Planning, spoke to the commission by phone asking Jim Ruse as presiding commissioner to attend hiring interviews for a new director coming up next week. Mr. Ruse stated he would try to attend.

Stephanie Williamson and two other representatives from North Central Missouri Business Facilitation met with the commission to discuss ongoing business startups and expansions, working with citizens on new business ideas, and working with schools (as soon as they can return to school) to improve technical skills training for young people in the county.

Janet Weidner and Jane McKinsey separately met with the commission to discuss 2021 budget issues in the recorder’s office.

At noon the commission attended a Zoom meeting for Local Emergency Planning Commission (LEPC) conducted by David Roll.

Sally Black, assessor, met with the commission to go over her 2021 budget.

The commission received a photo of the courthouse taken by David Fieth of Brighton with a nice letter stating he was a photographer who was traveling around Missouri and visiting all the courthouses. Mr. Fieth was especially fond of the courthouse in Daviess County, ranking it as one of his favorites in the state. Ronetta Burton will write back to him and send him some of the historical information about the courthouse and clock.

The commission heard the second reading of a petition to close a portion of Yale Avenue in Section 31 in Harrison Township.

CARES Act applications were discussed with first time applications being unanimously approved as follows: Daviess County Emergency Management, Daviess County Sheriff’s Department, Daviess County Admin leave, Gilman City R-4 School, Daviess County Coroner.

Second and subsequent applications were discussed and were approved to be paid at an equal percentage from the remaining grant funds (approximately 60%). An exact amount of remaining funds and an exact percentage for each applicant will be finalized on Dec. 23. At that time, all existing grant funds ($971,175) will have been dispersed to Daviess County, its political subdivisions, businesses, non-profits, and citizens.

In the afternoon, the commissioners worked on the 2021 budget.

The meeting adjourned at 4:50 p.m. This information is taken from the minutes of the Dec. 16, 2020, meeting of the Daviess County Commission. All commissioners were present.

December 9, 2020

James Lewis, road and bridge supervisor, met with the commission to update them. His crew has been working in Benton and Marian Townships on bridges and culverts. Discussion was held regarding some requests for bids for brush mowing. The mower will be back to mowing in Benton Township this week.

Cheryl Alexander, Daviess County Health Director, spoke to the commission by phone to advise them of ongoing Coronavirus cases in Daviess County. Cheryl advised as of Dec. 9, 2020, the county had 386 total cases with 103 actives, several in the hospital, 274 out of isolation, and nine deaths.

Discussion was held regarding CARES Act funding applications received this week. The following applications were approved: Harrison County R-4 Gilman School; Community Ambulance District, second request; Pattonsburg R-2 School, fourth request; Daviess County Library, second request; First Baptist Church, second request;

David Cox joined the meeting by phone at 9:30 a.m. and left the meeting at 9:45 a.m. Discussion was held regarding a CARES Act application from Daviess County Board for the Developmentally Disabled (SB40). David Cox made a motion to approve the application as presented; Wayne Uthe seconded, and the motion passed, 2-0. Jim Ruse abstained.

Jon Dwiggins, Howe & Co, met with the commission to update them on some changes from a federal mandate that will affect which deficient bridges will be eligible for BRO funding in the future. Functionally obsolete bridges will be removed; however, the structurally deficient bridges will still be eligible.

Brian Copple, Gallatin R-5 School, met with the commission to drop off an additional CARES Act fund application.

Robert Mazur, court security, and Judge Ryan Horsman met with the commission to discuss 2021 budget issues, and ongoing courthouse security issues.

Wayne Uthe made a motion to approve an agreement with Schraeder Law for continuing legal services for 2021; Jim Ruse seconded, and the motion passed, 2-0.

Carl McDaniel, Washington Township landowner, spoke to the commission by phone regarding an issue on 232^nd Street in Washington Township.

Pam McNeel, collector/treasurer, met with the commission to discuss her 2021 budget.

Jason Smith, coroner, met with the commission to discuss his 2021 budget.

Ryan Horsman, Robert Mazur and Pam Howard met with the commission to discuss court related 2021 budgets.

The commission approved a brush eradication extension for Lowell and Ruth Stewart in Washington Township.

In the afternoon, the commissioners looked at culverts, bridges, roads, and brush in Benton and Jefferson townships.

The meeting adjourned at 3:45 pm. This information is taken from the minutes of the Dec. 9 meeting of the Daviess County Commission. Jim Ruse, presiding commissioner, called the meeting to order. Wayne Uthe, second district commissioner was present. David Cox, first district commissioner, was absent.

Circuit Court

Law Day proceedings were conducted by Judge Ryan Horsman on Dec. 16. The following cases were heard:

David Deming was sentenced to seven years in the Missouri Department of Corrections (DOC) for possession of controlled substance, D felony. He was sentenced to 30 days jail on two additional charges, possession of drug paraphernalia and possession of marijuana, and was fined $10 each on four traffic offenses.

In State vs. Vernon James Hawks of Gallatin, a change of judge was granted. Judge R. Brent Elliott was assigned to the case, and on Dec. 18 he sustained a motion for change of venue to Caldwell County. Hawks is charged with child molestation first degree, two counts of sexual misconduct involving a child under 15, and failure to register as sex offender.

Probation was revoked for Sye Iness on two counts of possession of controlled substance and two counts of endangering welfare of a child. The previously imposed sentences of seven years on each count were ordered executed, to be served concurrently.

Tanner Jones appeared, and bond was revoked due to a positive test for drug use. A warrant was issued with bond set at $20,000, cash only. He is charged with felony stealing and burglary.

Ryan Massey pled guilty to possession of controlled substance, D felony, and was sentenced to four years in the DOC. He was sentenced to 10 days jail for misdemeanor DWI.

A jury trial was set for Dennis McBroom on Feb. 25, 2021. He is charged with chronic DWI, C felony, and misdemeanors of failure to drive on right half of road, no valid license and no financial responsibility.

A jury trial was set for June 16-17-18, 2021, for Michael Clyde Moses. He is charged with six felonies, assault first degree, armed criminal action, resisting arrest, leaving scene of accident (two counts), and attempted stealing, in a change of venue cases from DeKalb County.

Scott Robinson pled guilty to domestic assault second degree, and a sentence assessment report was ordered.

Probation was continued for Jesse Brock with prior terms and conditions.

A bench trial was set for May 26, 2021, for Surezz L. Hunter Jr. for illegal use of car scanner, C felony.

Before Judge Brad Funk on Dec. 17, via Zoom, a warrant was issued for Sarah Pickren, who failed to appear for a probation violation on two felony counts of theft/stealing. Bond was set at $50,000, cash only.

On Dec. 21, a warrant was issued for the arrest of Gunnar D. Goll of Winston for a probation violation of failure to report as directed. He is charged with tampering with motor vehicle, stealing motor vehicle, property damage and trespassing. Bond was set at $20,000 cash only pending a bond hearing on Jan. 13, 2021.

Cases bound over from the Associate Division: State vs. Kolbey J. Sandgren, Maysville, escape or attempted escape from confinement, E felony; State vs. William D. Johnson, Bethany, possession of controlled substance, D felony, misdemeanors of receiving stolen property, two counts drug paraphernalia, possession of marijuana; State vs. Donald F. Josling, Gladstone, DWI habitual, B felony, misdemeanors of failure to register vehicle, failure to drive within right lane, and no valid license.

Civil cases filed: Division of Employment Security vs. Daviess County Public Water Supply District #2, Gallatin, transcript judgment; Wakefield and Associates, Inc., Jefferson City, vs. Edward and Molly Kurtz, Gallatin, suit on account.

Associate Division

Dawn M. Bright, Two Rivers, WI, was charged Dec. 18 with driving while revoked, E felony, and failure to display plates, infraction.

Defendants found guilty in the Associate division of the Circuit Court of Daviess County are listed below with the offense and fine assessed. Additionally court costs collected for the State of Missouri amount to $74.50 for moving traffic violations and $120.50 in most criminal cases. Judge Daren L. Adkins presided over the following cases:

Isaac Clampit, Kansas City, possession of drug paraphernalia, probation revoked, $25 and four days in jail; minor visible intoxicated, probation revoked, $25 and three days jail.

Joshua Pierson, Osborn, possession of marijuana, three days jail; possession of drug paraphernalia, two days jail, consecutive; minor in possession of alcohol, $100.

John D. Meuschke, Loves Park, IL, driving while intoxicated, prior offender, 10 days jail.

Justin R. Short, Eagleville, no valid license, $150.

Melvin R. Miller, Jamesport, followed another bus/truck closer than 300 feet, $130.50.

Tristan Pelkey, Holt, speeding, suspended imposition of sentence, one year probation, 16 hours community service.

Robert D. Sutton, Jamesport, passing bad checks, $25.

Clayton Martin, St. Joseph, minor in possession of liquor, $100.

Jessica Salcedo, Cameron, felony non-support, probation revoked, suspended imposition of sentence revoked, sentenced to three years in Missouri Department of Corrections.

Jonathan C. Ewing, Kirksville, minor in possession of liquor, $100.

Bertha D. Maurer, Gladstone, domestic assault, suspended imposition of sentence, two years probation, two days shock jail.

Kodi L. Souders, Chillicothe, resisting arrest, 30 days jail; kidnapping, 15 days jail, consecutive.

Deandre Allen, Bethany, careless and imprudent driving, probation revoked, 15 days jail, consecutive; no valid license, probation revoked, $300; violation of order of protection, probation revoked, 30 days jail, consecutive.

Charles M. Mason, Raytown, possession of marijuana, $350; possession of drug paraphernalia, $150; littering, $100.

Jared L. Teel, Pattonsburg, driving while intoxicated, $350.

Michael A. Starr, Gallatin, no valid license, $300; driving while revoked, $150.

Civil Court

Breach of contract: Easy Cash ASAP LLC vs. Emanuel Miller was dismissed by the parties. A default judgment was entered for Easy Cash ASAP LLC and against Jocelyn Bartlett.

Suits on account: Default judgments were entered for Midwestern Health Management and against Russell W. Huston; for Midwestern Health Management and against Edward E. French etal; and for Credit Corp. Solutions Inc. and against Jamee Teel. A consent judgment was entered for Bank of America NA and against Thomas L. Luka. Portfolio Recovery Associates LLC vs. Leslie S. Hughs was dismissed by the parties.

Other contract: A change of venue was granted in Discover Bank vs. Tori N. Wideman.

Assessor’s Office

Daviess County personal property assessment sheets will be in mailboxes by the first week in January.

Next year, you will be able to e-file your assessment sheets. The new website will allow appraisers, realtors, surveyors, bankers, and the general public the convenience of looking up basic real estate data, deed information, sale information and personal property. Check it out at www.daviess.missouriassessors.com.

Office staff and a representative from the State Tax Commission have been out in the field picking up new construction.

Land Transfers

Beneficiary Deeds

Lake Viking lot #1700 from Michael C. Wolfe to Robert C. Wolfe; Lake Viking lot #1818 from Jaimie Loch to Jaimie W. Loch and Abby L. Loch, co-trustees of the Jaimie and Abby Loch Joint Revocable Trust; Lake Viking lot #609 from Jaimie W. Loch and Abby J. Loch to Jaimie W. Loch and Abby J. Loch, co-trustees of the Jaimie and Abby Loch Joint Revocable Trust; lots and partial lots in Gallatin from Majiel Gibbar to Michael Saxton.

Warranty Deeds

Tract in Salem Township from S&K Enterprises LLC to Honey Creek Ranch LLC; tract in Salem Township from Kendall R. Shannon and Cynthia K. Kimber to Douglas G. Miller and Gary L. Miller and Daniel G. Miller as joint tenants; partial outlot in Gallatin from Rachel Rhoades to Donald and Shawn Ohlberg; partial block in Jamesport from Janice Nestingen to Tod and Kelly Dodson; Lake Viking lot #2270 from Janet and Michael Van Wye to Jefferey and Ronda Speed; Lake Viking lot #38 from Pascual and Kathleen Marquez to Marcus and Judith Richards; tract in Benton Township from Karinda and Christopher Poore to Marilyn Boyle, Trudy Lewis, and Robert Boyle; tract in Benton Township from Shelly June Cameron to Marilyn Boyle, Trudy Lewis and Robert Boyle; tract in Benton Township from Steven Scott Cameron to Marilyn Boyle, Trudy Lewis and Robert Boyle; Lake Viking lot #239 from Michael Sr. and Cindy Burcham to Randy and Teresa Wilson; tract in Salem Township from Honey Creek Ranch LLC to Caleb and Katie Dennis.

Trustee’s Deed under Active Trust

Tract in Marion Township from Kurt and Tina Esbeck, trustees of the Kurt Esbeck and Tina Esbeck Family Trust, to Shay Esbeck.

Quit Claim Deeds

Tract in Monroe Township from Roy Jr. and Tracey Hazzard to Dale and Jenny Hazzard; lots in Pattonsburg from Linda and David Crabtree to Clark W. Adler.