JOURNAL OF THE BOARD OF ALDERMEN OF THE CITY OF PERRYVILLE, PERRY COUNTY, MISSOURI.

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1 September 15, 2009 JOURNAL OF THE BOARD OF ALDERMEN OF THE CITY OF PERRYVILLE, PERRY COUNTY, MISSOURI. The Board of Aldermen of the City of Perryville, Perry County, Missouri, met at City Hall in said City on the above date in regular session pursuant to adjournment. Present: Deborah M. Gahan, Mayor; Curt Buerck, Paul R. Flentge, Randy J. Leible, Al Oliver, Larry Riney, and Gary J. Schumer, Aldermen; Brent Buerck, City Administrator; Tracy Prost, City Clerk; and Thomas Ludwig, City Attorney. Mayor Gahan opens the meeting with the Pledge of Allegiance to the Flag and the invocation. Mayor Gahan now opens the meeting for citizens participation from the floor. There being no one coming forth, Mayor Gahan closes this portion of the meeting. Chief Tarrillion introduces new police officers Matthew Pierce and Terry Kirn, Jr., and dispatcher Kathy Bryd to the Mayor and Board of Aldermen. CONSENT AGENDA ITEMS 4. Approve minutes from meeting of September 3, Approve Financial Report for August, CITY OF PERRYVILLE Statement of Cash Position AUGUST, 2009 April 1, 2009 Revenue Expense CURRENT CURRENT CURRENT Fund Name Fund Balance YTD YTD Fund Balance PR Liabilities CASH BALANCE ENCUMBRANCES 101 Gen Rev $ 107, $ 2,081, $ (2,143,010.48) $ 45, $ 7, $ 52, $ 21, Airport $ 137, $ 128, $ (243,623.77) $ 22, $ $ 22, $ 3, Trans Trust $ 1,395, $ 313, $ (530,005.82) $ 1,178, $ 3, $ 1,181, $ 2, Perry Park Ctr. $ 11, $ 723, $ (721,610.31) $ 13, $ 3, $ 17, $ 19, PPC Escrow $ 43, $ $ $ 43, $ 187, $ 230, $ 209 Health Care $ $ 19, $ (19,357.26) $ $ $ $ 210 Park Imp Escrow $ 25, $ $ $ 25, $ 25, $ 211 Veterans Field $ 1, $ 2, $ (2,797.63) $ 1, $ $ 1, $ 307 Debt Service $ 649, $ 3, $ (131,835.29) $ 521, $ $ 521, $ 308 Cap Imp Sls Tax R $ 2,636, $ 235, $ (151,772.01) $ 2,720, $ $ 2,720, $ 409 Gen Pub Fac $ 247, $ 207, $ (446,259.31) $ 8, $ $ 8, Street Imp $ 143, $ 120, $ $ 264, $ $ 264, $ 614 CWSS Op $ 1,721, $ 975, $ (1,110,532.48) $ 1,586, $ 67, $ 1,653, $ 32, Water Escrow $ 40, $ $ $ 40, $ $ 40, Gas Op $ 5,655, $ 2,271, $ (2,468,895.31) $ 5,458, $ 58, $ 5,516, $ 1, Water Exp $ $ $ $ $ $ $ 12,818, $ 7,082, $ (7,969,699.67) $ 11,931, $ 326, $ 12,257, $ 81, Accept bids received for the Dry Run Branch Improvement Project and award bid to Christisen Enterprises, LLC per recommendation of City Engineer Baer $14, Bidder Amount Christisen Enterprises, LLC $14, Lappe Cement Finishing, Inc. $24, Vern Bauman Contracting $29, Clifton Farms, Inc. $52,000.00

2 7. Accept proposals received for environmental services to remove fuel tanks from Perryville Municipal Airport and award project to Herlacher Angleton Associates, LLC, per recommendation of City Engineer Baer. Proposals Received From Smith & Co. Engineers, Poplar Bluff, MO Landmark Environmental Associates, Inc., St. Charles, MO Midwest Environmental, Jefferson City, MO Herlacher Angleton Associates, LLC, DeSoto, MO 8. Approve request from Perryville Public High School to hang homecoming banners on utility poles from September 27 to October 4, Approve Invoice No from Horner & Shifrin regarding Ground Water Storage Tank Project $6, Approve Pay Estimate No. 6 (Final) from Lappe Cement Finishing, Inc., regarding 2008 Perryville Municipal Airport Repairs $66, END OF CONSENT AGENDA Mayor Gahan asks members of the Board if they would like to pull any of the Consent Agenda items for discussion. Alderman Leible presents motion to approve the Consent Agenda. Motion is seconded by Alderman Buerck, and on vote carried. The Board of Aldermen now reviews bids received for a five passenger midsize car to be used by the City Administrator. Bidder Type Amount Lutesville Motor Co., Marble Hill, MO 2010 Ford Fusion $17, Ford Taurus $19, Ford Groves, Cape Girardeau, MO 2010 Ford Fusion SE $17, Bening Ford, Perryville, MO 2010 Ford Fusion $17, Coad Chevrolet, Inc., Cape Girardeau, MO 2010 Chevrolet Malibu $19, Barley Automotive, Inc., Ste. Genevieve, MO 2009 Pontiac $20, Keller Motors, Inc., Perryville, MO 2009 Pontiac G6 $19, Chevrolet Impala $21, Brennecke Chevrolet, Jackson, MO 2009 Chevrolet Impala LS $21, After discussion and review, Alderman Oliver makes a motion that the bid for the five passenger midsize car be awarded to Lutesville Motor Co. in the amount of $17, Motion is seconded by Alderman Riney. Roll call showed the aye and nay vote as follows: Curt Buerck, aye; Paul R. Flentge, aye; Randy J. Leible, abstain; Al Oliver, aye; Larry Riney, aye; Gary J. Schumer, aye. Totals: aye, five; nay, none; abstention, one. Alderman Oliver makes a motion to appoint Parks & Recreation Director Marv Blevins as the Employer Delegate to attend the LAGERS 2009 Annual Meeting at Springfield on October 29 and 30, Motion is seconded by Alderman Buerck, and on vote carried.

3 At this time, Judy Laurentius, Administrator for the Perry County Health Department, makes a request to the Board of Aldermen that permission be given to the Perry County Health Department to use the maintenance shed at the City Park for a DriveThrough Flu Vaccination Clinic. Ms. Laurentius states that this event will last approximately four hours but a date has not yet been determined because they have not yet received all of their vaccinations. clinic. City Administrator Buerck suggests that City employees be encouraged to take advantage of the After discussion and review, Alderman Riney makes a motion to approve the use of the park maintenance shed for the DriveThrough Flu Vaccination Clinic on a trial basis. Motion is seconded by Alderman Leible, and on vote carried. SECOND READING AND FINAL PASSAGE: Now, at this time, the Board proceeds to approve Bill No. 4814, AN ORDINANCE AMENDING TITLE 2, CHAPTER 2.36, OF THE CODE OF ORDINANCES OF THE CITY OF PERRYVILLE, MISSOURI, RELATIVE TO CITY ADMINISTRATOR; AND REPEALING ALL ORDINANCES IN CONFLICT THEREWITH. Bill No is read a second time on motion by Alderman Flentge, seconded by Alderman Leible. Thereupon on motion by Alderman Flentge, seconded by Alderman Riney, and on vote carried, it is ordered that the bill be placed on final passage. Roll call showed the aye and nay vote as follows: Curt Buerck, aye; Paul R. Flentge, aye; Randy J. Leible, aye; Al Oliver, aye; Larry Riney, aye; Gary J. Schumer, aye. Totals: aye, six; nay, none. The Mayor thereupon declared the bill passed and approved and the bill thereupon became Ordinance No of the City of Perryville, and is in words and figures as follows: BILL NO ORDINANCE NO AN ORDINANCE AMENDING TITLE 2, CHAPTER 2.36, OF THE CODE OF ORDINANCES OF THE CITY OF PERRYVILLE, MISSOURI, RELATIVE TO CITY ADMINISTRATOR; AND REPEALING ALL ORDINANCES IN CONFLICT THEREWITH. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND BOARD OF ALDERMEN OF THE CITY OF PERRYVILLE, MISSOURI, AS FOLLOWS: Section 1. That Title 2, Chapter 2.36, of the Code of Ordinances of the City of Perryville, Missouri, is hereby amended by adding Section to read as follows: City administrator serves at the pleasure of the mayor and board of aldermen. The city administrator serves at the pleasure of the mayor and board of aldermen and may be removed at any time as set forth in Section of the code of ordinances. Section 2. That Title 2, Chapter 2.36, Section , of the Code of Ordinances of the City of Perryville, Missouri, is hereby amended to read as follows: Removal from office. The city administrator shall serve at the pleasure of the appointing authority as set forth in Section of the code of ordinances. The mayor, with consent of a majority of all members of the board of aldermen, may remove the city administrator from office at will, and such city administrator may also be removed by a threefourths vote of all members elected to the board of aldermen independently of the mayor s approval or recommendations. The city administrator shall request a public hearing within five (5) days of removal. If requested, the mayor and board of aldermen shall grant the city administrator a public hearing within thirty (30) days following notice of removal. During the interim, the city administrator shall be suspended from duty but shall continue his salary and if, after a hearing, removal becomes final the city administrator shall receive his salary for two calendar months following the final removal date; provided, however, that if the city administrator shall

4 be removed from office for acts of dishonesty or moral turpitude such salary shall not be continued. Section 3. That Title 2, Chapter 2.36, of the Code of Ordinances of the City of Perryville, Missouri, is hereby amended by adding Section to read as follows: Evaluations. It is the policy of the city administrator that all employees as defined in Section of the code of ordinances shall receive regular evaluations as follows: A. City Administrator. The city administrator will be evaluated by the mayor and board of aldermen with said evaluation process to begin September 1 st of each year and to be conducted by such person as the board of aldermen may direct with said evaluation designed in such a manner as to fully inform the board of aldermen as to the city administrator s job performance. B. All Other Employees. The city administrator shall conduct an evaluation process whereby all employees are evaluated by their immediate supervisor under the direction of their respective department head. Department heads shall be evaluated by the city administrator. The city administrator shall institute a system of job targets to be met by employees who receive substandard evaluations; employee job targets shall be for the purpose of improving employee performance. Section 4. That Title 2, Chapter 2.36, Section , Subsection A, Subparagraph 11, of the Code of Ordinances of the City of Perryville, Missouri, is hereby amended to read as follows: Powers and duties. * * * 11. Supervise the purchase of all materials, supplies and equipment for which funds are provided in the budget. He shall have the power to purchase materials, supplies and equipment in amounts up to and including seven thousand five hundred dollars ($7,500.00), amounts over seven thousand five hundred dollars ($7,500.00) shall be subject to approval of the respective committees, unless the health or safety of the citizens of the city are involved then this limit shall not apply. Contracts for services, construction and items of equipment purchased by sealed bids must be approved by the board of aldermen; Section 5. That Title 2, Chapter 2.36, Section , Subsection B, Subparagraph 2, of the Code of Ordinances of the City of Perryville, Missouri, is hereby amended to read as follows: Powers and duties. * * * 2. He or his delegates shall supervise all assistants, laborers or helpers who shall be responsible to him and who may be discharged by him for cause deemed sufficient. Any assistant, laborer or helper who has been discharged by the administrator shall have the right to appeal to the board of aldermen his dismissal if the appeal or complaint is filed in writing with the board of aldermen within fifteen (15) days after the date of dismissal. Section 6. That Title 2, Chapter 2.36, Section , Subsection B, Subparagraph 3, of the Code of Ordinances of the City of Perryville, Missouri, is hereby amended to read as follows:

5 Powers and duties. * * * 3. He or his delegates shall be responsible for the inspection of all water and gas meter installations and sewer connections to see that same conform to the rules and regulations of the city. Section 7. That Title 2, Chapter 2.36, Section , Subsection B, Subparagraph 4, of the Code of Ordinances of the City of Perryville, Missouri, is hereby amended to read as follows: Powers and duties. * * * 4. He or his delegates shall approve the location of water and gas meters. Section 8. It is the intent of the Mayor and Board of Aldermen of the City of Perryville, Missouri, and it is hereby ordained that this ordinance shall become and be made a part of the Code of Ordinances of the City of Perryville, Missouri, and that sections of this ordinance may be renumbered to accomplish such intention. Section 9. If any section, subsection, sentence, clause, phrase or portion of this ordinance is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. Section 10. That this ordinance shall take effect and be in force from and after its passage and approval. Section 11. All ordinances or parts of ordinances in conflict herewith are hereby repealed. FIRST READING: September 3, SECOND READING: September 15, PASSED AND APPROVED this 15 th day of September, 2009, by a vote of 6 ayes, 0 nays, 0 abstentions and 0 absent. CITY OF PERRYVILLE, MISSOURI (SEAL) By: Deborah M. Gahan, Mayor Tracy Prost, City Clerk Now, at this time, the Board proceeds to approve Bill No. 4815, AN ORDINANCE AUTHORIZING THE MAYOR OF THE CITY OF PERRYVILLE, MISSOURI, TO EXECUTE A CONTRACT BY AND BETWEEN THE CITY AND ZOELLNER CONSTRUCTION CO., INC. RELATIVE TO POTABLE WATER GROUND STORAGE TANK PROJECT; FURTHER SAID ORDINANCE SHALL AUTHORIZE AND DIRECT THE CITY CLERK TO ATTEST THE SIGNATURE OF THE MAYOR. Bill No is read a second time on motion by Alderman Riney, seconded by Alderman Leible. Thereupon on motion by Alderman Riney, seconded by Alderman Leible, and on vote carried, it is ordered that the bill be placed on final passage. Roll call showed the aye and nay vote as follows: Curt Buerck, aye; Paul R. Flentge, aye; Randy J. Leible, aye; Al Oliver, aye; Larry Riney, aye; Gary J. Schumer, aye. Totals: aye, six; nay, none. The Mayor thereupon declared the bill passed and approved and the bill thereupon became Ordinance No of the City of Perryville, and is in words and figures as follows: BILL NO ORDINANCE NO. 5051

6 AN ORDINANCE AUTHORIZING THE MAYOR OF THE CITY OF PERRYVILLE, MISSOURI, TO EXECUTE A CONTRACT BY AND BETWEEN THE CITY AND ZOELLNER CONSTRUCTION CO., INC. RELATIVE TO POTABLE WATER GROUND STORAGE TANK PROJECT; FURTHER SAID ORDINANCE SHALL AUTHORIZE AND DIRECT THE CITY CLERK TO ATTEST THE SIGNATURE OF THE MAYOR. WHEREAS, the Mayor and Board of Aldermen have heretofore reviewed a contract, marked Exhibit A and attached hereto and incorporated herein as if fully set forth; and, WHEREAS, the Mayor and Board of Aldermen of the City of Perryville, Missouri, deem it advisable to enter into said contract; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND BOARD OF ALDERMEN OF THE CITY OF PERRYVILLE, MISSOURI, AS FOLLOWS: 1. That the Mayor and Board of Aldermen of the City of Perryville approve the contract marked Exhibit A and attached hereto and incorporated herein as if fully set forth between the City of Perryville, a municipal corporation, and Zoellner Construction Co., Inc. It is the belief of the Mayor and Board of Aldermen that it is in the best interest of the citizens of the City of Perryville, that the City enters into said contract. 2. That the Mayor be and she is hereby authorized and directed to execute said contract for and on behalf of the City of Perryville, Missouri. 3. That the City Clerk of the City of Perryville is hereby authorized and directed to attest the signature of the Mayor on the attached contract. 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portions shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions hereof. 5. This ordinance shall take effect and be in force from and after its passage and approval. FIRST READING: September 3, SECOND READING: September 15, 2009 PASSED AND APPROVED this 15 th day of September, 2009, by a vote of 6 ayes, 0 nays, 0 abstentions, and 0 absent. CITY OF PERRYVILLE, MISSOURI By: Deborah M. Gahan, Mayor Tracy Prost, City Clerk Now, at this time, the Board proceeds to approve Bill No. 4816, AN ORDINANCE ANNEXING CERTAIN ADJACENT TERRITORY INTO THE CITY LIMITS OF THE CITY OF PERRYVILLE, MISSOURI UNDER THE PROVISIONS OF SECTION RSMO. Bill No is read a second time on motion by Alderman Buerck, seconded by Alderman Flentge. Thereupon on motion by Alderman Buerck, seconded by Alderman Flentge, and on vote carried, it is ordered that the bill be placed on final passage. Roll call showed the aye and nay vote as follows: Curt Buerck, aye; Paul R. Flentge, aye; Randy J. Leible, aye; Al Oliver, aye; Larry Riney, aye; Gary J. Schumer, aye. Totals: aye, six; nay, none. The Mayor thereupon declared the bill passed and approved and the bill thereupon became Ordinance No of the City of Perryville, and is in words and figures as follows:

7 BILL NO ORDINANCE NO AN ORDINANCE ANNEXING CERTAIN ADJACENT TERRITORY INTO THE CITY LIMITS OF THE CITY OF PERRYVILLE, MISSOURI UNDER THE PROVISIONS OF SECTION RSMO. WHEREAS, on the 27 th day of July, 2009, verified petition signed by Glennon D. Brown and Rose C. Brown, owners of the real estate hereinafter described requesting annexation of said territory into the City of Perryville, Missouri, was filed with the City Clerk and the Board of Aldermen; and WHEREAS, said real estate as hereinafter described is adjacent and contiguous to the present corporate limits of the City of Perryville, Missouri; and WHEREAS, a public hearing concerning said matter was held at the City Hall in the City of Perryville, Missouri at the hour of 6:30 p.m. on the 18 th day of August, 2009; and WHEREAS, notice of said public hearing was given by publication of notice thereof, on the 6 th day of August, 2009, in The Perry County RepublicMonitor, a weekly newspaper of general circulation in the County of Perry, State of Missouri; and WHEREAS, at said public hearing, all interested persons, corporations or political subdivisions were afforded the opportunity to present evidence regarding the proposed annexation; and WHEREAS, no written objection to the proposed annexation was filed with the Board of Aldermen of the City of Perryville, Missouri, within 14 days after the date of the public hearing; and WHEREAS, the Board of Aldermen of the City of Perryville, Missouri, does find and determine that said annexation is reasonable and necessary to the proper development of the City; and WHEREAS, the City is able to furnish normal municipal services to said area within a reasonable time after annexation; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF PERRYVILLE, MISSOURI, AS FOLLOWS: Section 1. Pursuant to the provisions of Section RSMO., as amended, the following described real estate is hereby annexed into the City of Perryville, Missouri: All of Lot No. 11 of James Arthur Preston Subdivision, as amended, as shown by the recorded Plat and Field Notes thereof, recorded in Book 125, Page 203 of the Perry County, Missouri, Land Records. Section 2. The boundaries of the City of Perryville, Missouri, are hereby altered so as to encompass the above described tract of land lying adjacent and contiguous to the present corporate limits of the City. Section 3. The City Clerk of the City is hereby ordered to cause three certified copies of this Ordinance to be filed with the County Clerk of Perry County, Missouri. Section 4. That this Ordinance shall be in full force and effect from and after its passage and approval. FIRST READING: September 3, SECOND READING: September 15, PASSED AND APPROVED this 15 th day of September, 2009, by a vote 6 ayes, 0 nays, 0 abstentions, and 0 absent.

8 (SEAL) CITY OF PERRYVILLE, MISSOURI By: Deborah M. Gahan, Mayor Tracy Prost, City Clerk Now, at this time, the Board proceeds to approve Bill No. 4817, AN ORDINANCE ANNEXING CERTAIN ADJACENT TERRITORY INTO THE CITY LIMITS OF THE CITY OF PERRYVILLE, MISSOURI UNDER THE PROVISIONS OF SECTION RSMO. Bill No is read a second time on motion by Alderman Buerck, seconded by Alderman Flentge. Thereupon on motion by Alderman Buerck, seconded by Alderman Flentge, and on vote carried, it is ordered that the bill be placed on final passage. Roll call showed the aye and nay vote as follows: Curt Buerck, aye; Paul R. Flentge, aye; Randy J. Leible, aye; Al Oliver, aye; Larry Riney, aye; Gary J. Schumer, aye. Totals: aye, six; nay, none. The Mayor thereupon declared the bill passed and approved and the bill thereupon became Ordinance No of the City of Perryville, and is in words and figures as follows: BILL NO ORDINANCE NO AN ORDINANCE ANNEXING CERTAIN ADJACENT TERRITORY INTO THE CITY LIMITS OF THE CITY OF PERRYVILLE, MISSOURI UNDER THE PROVISIONS OF SECTION RSMO. WHEREAS, on the 29 th day of July, 2009, verified petition signed by Charles S. Hardesty, owner of the real estate hereinafter described requesting annexation of said territory into the City of Perryville, Missouri, were filed with the City Clerk and the Board of Aldermen; and WHEREAS, said real estate as hereinafter described is adjacent and contiguous to the present corporate limits of the City of Perryville, Missouri; and WHEREAS, a public hearing concerning said matter was held at the City Hall in the City of Perryville, Missouri at the hour of 6:30 p.m. on the 18 th day of August, 2009; and WHEREAS, notice of said public hearing was given by publication of notice thereof, on the 6 th day of August, 2009, in The Perry County RepublicMonitor, a weekly newspaper of general circulation in the County of Perry, State of Missouri; and WHEREAS, at said public hearing, all interested persons, corporations or political subdivisions were afforded the opportunity to present evidence regarding the proposed annexation; and WHEREAS, no written objection to the proposed annexation was filed with the Board of Aldermen of the City of Perryville, Missouri, within 14 days after the date of the public hearing; and WHEREAS, the Board of Aldermen of the City of Perryville, Missouri, does find and determine that said annexation is reasonable and necessary to the proper development of the City; and WHEREAS, the City is able to furnish normal municipal services to said area within a reasonable time after annexation; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF PERRYVILLE, MISSOURI, AS FOLLOWS: Section 1. Pursuant to the provisions of Section RSMO., as amended, the following described real estate is hereby annexed into the City of Perryville, Missouri: Lot Numbered 19 of the Amended James Arthur Preston Subdivision of part of Fractional Section 12, in Township 35 North, Range 10 East of the Fifth Principal Meridian, in Perry County, Missouri, as shown by the Amended Plat of said Subdivision, recorded in Book 125, Page 203 of the Deed Records of Perry County, Missouri.

9 Section 2. The boundaries of the City of Perryville, Missouri, are hereby altered so as to encompass the above described tract of land lying adjacent and contiguous to the present corporate limits of the City. Section 3. The City Clerk of the City is hereby ordered to cause three certified copies of this Ordinance to be filed with the County Clerk of Perry County, Missouri. Section 4. That this Ordinance shall be in full force and effect from and after its passage and approval. FIRST READING: September 3, SECOND READING: September 15, PASSED AND APPROVED this 15 th day of September, 2009, by a vote 6 ayes, 0 nays, 0 abstentions, and 0 absent. (SEAL) CITY OF PERRYVILLE, MISSOURI By: Deborah M. Gahan, Mayor Tracy Prost, City Clerk Now, at this time, the Board proceeds to approve Bill No. 4818, AN ORDINANCE AUTHORIZING THE MAYOR OF THE CITY OF PERRYVILLE, MISSOURI, TO EXECUTE AN EMPLOYMENT AGREEMENT BY AND BETWEEN THE CITY AND BRENT T. BUERCK RELATIVE TO EMPLOYMENT AS CITY ADMINISTRATOR; FURTHER SAID ORDINANCE SHALL AUTHORIZE AND DIRECT THE CITY CLERK TO ATTEST THE SIGNATURE OF THE MAYOR. Bill No is read a second time on motion by Alderman Flentge, seconded by Alderman Leible. Thereupon on motion by Alderman Buerck, seconded by Alderman Flentge, and on vote carried, it is ordered that the bill be placed on final passage. Roll call showed the aye and nay vote as follows: Curt Buerck, aye; Paul R. Flentge, aye; Randy J. Leible, aye; Al Oliver, aye; Larry Riney, aye; Gary J. Schumer, aye. Totals: aye, six; nay, none. The Mayor thereupon declared the bill passed and approved and the bill thereupon became Ordinance No of the City of Perryville, and is in words and figures as follows: BILL NO ORDINANCE NO AN ORDINANCE AUTHORIZING THE MAYOR OF THE CITY OF PERRYVILLE, MISSOURI, TO EXECUTE AN EMPLOYMENT AGREEMENT BY AND BETWEEN THE CITY AND BRENT T. BUERCK RELATIVE TO EMPLOYMENT AS CITY ADMINISTRATOR; FURTHER SAID ORDINANCE SHALL AUTHORIZE AND DIRECT THE CITY CLERK TO ATTEST THE SIGNATURE OF THE MAYOR. WHEREAS, the Mayor and Board of Aldermen have heretofore reviewed a employment agreement, marked Exhibit A and attached hereto and incorporated herein as if fully set forth; and, WHEREAS, the Mayor and Board of Aldermen of the City of Perryville, Missouri, deem it advisable to enter into said employment agreement; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND BOARD OF ALDERMEN OF THE CITY OF PERRYVILLE, MISSOURI, AS FOLLOWS: 1. That the Mayor and Board of Aldermen of the City of Perryville approve the employment agreement marked Exhibit A and attached hereto and incorporated herein as if fully set forth between the City of Perryville, a municipal corporation, and Brent T. Buerck. It is the belief of the Mayor and Board of Aldermen that it is in the best interest of the citizens of the City of Perryville, that the City enters into said employment agreement.

10 2. That the Mayor be and she is hereby authorized and directed to execute said employment agreement for and on behalf of the City of Perryville, Missouri. 3. That the City Clerk of the City of Perryville is hereby authorized and directed to attest the signature of the Mayor on the attached employment agreement. 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portions shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions hereof. 5. This ordinance shall take effect and be in force from and after its passage and approval. FIRST READING: September 3, SECOND READING: September 15, PASSED AND APPROVED this 15 th day of September, 2009, by a vote of 6 ayes, 0 nays, 0 abstentions, and 0 absent. CITY OF PERRYVILLE, MISSOURI Tracy Prost, City Clerk By: Deborah M. Gahan, Mayor FIRST READING, SECOND READING, AND FINAL PASSAGE: Now, at this time, Bill No. 4819, AN ORDINANCE AUTHORIZING THE MAYOR OF THE CITY OF PERRYVILLE, MISSOURI, TO EXECUTE A CONTRACT BY AND BETWEEN THE CITY AND CHRISTISEN ENTERPRISES, LLC, RELATIVE TO DRY RUN BRANCH IMPROVEMENT PROJECT; FURTHER SAID ORDINANCE SHALL AUTHORIZE AND DIRECT THE CITY CLERK TO ATTEST THE SIGNATURE OF THE MAYOR, is read with an emergency clause for the first time upon motion by Alderman Leible, seconded by Alderman Flentge. On motion by Alderman Leible, seconded by Alderman Flentge, and on vote carried, Bill No is read for the second time. Thereupon on motion by Alderman Leible, seconded by Alderman Flentge, and on vote carried, it is ordered that the Bill be placed on final passage. Roll call showing the aye and nay vote showed as follows: Curt Buerck, aye; Paul R. Flentge, abstain; Randy J. Leible, aye; Al Oliver, aye; Larry Riney, aye; Gary J. Schumer, abstain. Totals: aye, 4; nay, 0; abstentions, 2. The Mayor thereupon declared the bill passed and approved and the bill thereupon became Ordinance No of the City of Perryville, and is in words and figures as follows: BILL NO ORDINANCE NO AN ORDINANCE AUTHORIZING THE MAYOR OF THE CITY OF PERRYVILLE, MISSOURI, TO EXECUTE A CONTRACT BY AND BETWEEN THE CITY AND CHRISTISEN ENTERPRISES, LLC, RELATIVE TO DRY RUN BRANCH IMPROVEMENT PROJECT; FURTHER SAID ORDINANCE SHALL AUTHORIZE AND DIRECT THE CITY CLERK TO ATTEST THE SIGNATURE OF THE MAYOR. WHEREAS, the Mayor and Board of Aldermen have heretofore reviewed a contract, marked Exhibit A and attached hereto and incorporated herein as if fully set forth; and, WHEREAS, the Mayor and Board of Aldermen of the City of Perryville, Missouri, deem it advisable to enter into said contract; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND BOARD OF ALDERMEN OF THE CITY OF PERRYVILLE, MISSOURI, AS FOLLOWS: 1. That the Mayor and Board of Aldermen of the City of Perryville approve the contract marked Exhibit A and attached hereto and incorporated herein as if fully set forth between the City of Perryville, a

11 municipal corporation, and Christisen Enterprises, LLC. It is the belief of the Mayor and Board of Aldermen that it is in the best interest of the citizens of the City of Perryville, that the City enter into said contract. 2. That the Mayor be and she is hereby authorized and directed to execute said contract for and on behalf of the City of Perryville, Missouri. 3. That the City Clerk of the City of Perryville is hereby authorized and directed to attest the signature of the Mayor on the attached contract. 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portions shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions hereof. 5. The Mayor and Board of Aldermen hereby declare this ordinance to be an emergency ordinance in order to protect the health, safety, and welfare of the citizens of the City of Perryville. 6. This ordinance shall take effect and be in force from and after its passage and approval. FIRST READING: September 15, SECOND READING: September 15, PASSED AND APPROVED this 15 th day of September, 2009, by a vote of 4 ayes, 0 nays, 2 abstentions, and 0 absent. CITY OF PERRYVILLE, MISSOURI By: Deborah M. Gahan, Mayor Tracy Prost, City Clerk Now, at this time, Bill No. 4820, AN ORDINANCE AUTHORIZING THE MAYOR OF THE CITY OF PERRYVILLE, MISSOURI, TO EXECUTE A CONTRACT BY AND BETWEEN THE CITY AND HERLACHER ANGLETON ASSOCIATES, INC. RELATIVE TO ENVIRONMENTAL SERVICES REGARDING FUEL TANK REMOVAL AT AIRPORT; FURTHER SAID ORDINANCE SHALL AUTHORIZE AND DIRECT THE CITY CLERK TO ATTEST THE SIGNATURE OF THE MAYOR, is read with an emergency clause for the first time upon motion by Alderman Leible, seconded by Alderman Riney. On motion by Alderman Leible, seconded by Alderman Riney, and on vote carried, Bill No is read for the second time. Thereupon on motion by Alderman Leible, seconded by Alderman Riney, and on vote carried, it is ordered that the Bill be placed on final passage. Roll call showing the aye and nay vote showed as follows: Curt Buerck, aye; Paul R. Flentge, aye; Randy J. Leible, aye; Al Oliver, aye; Larry Riney, aye; Gary J. Schumer, aye. Totals: aye, 6; nay, 0. The Mayor thereupon declared the bill passed and approved and the bill thereupon became Ordinance No of the City of Perryville, and is in words and figures as follows: BILL NO ORDINANCE NO AN ORDINANCE AUTHORIZING THE MAYOR OF THE CITY OF PERRYVILLE, MISSOURI, TO EXECUTE A CONTRACT BY AND BETWEEN THE CITY AND HERLACHER ANGLETON ASSOCIATES, INC. RELATIVE TO ENVIRONMENTAL SERVICES REGARDING FUEL TANK REMOVAL AT AIRPORT; FURTHER SAID ORDINANCE SHALL AUTHORIZE AND DIRECT THE CITY CLERK TO ATTEST THE SIGNATURE OF THE MAYOR. WHEREAS, the Mayor and Board of Aldermen have heretofore reviewed a contract, marked Exhibit A and attached hereto and incorporated herein as if fully set forth; and, WHEREAS, the Mayor and Board of Aldermen of the City of Perryville, Missouri, deem it advisable to enter into said contract;

12 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND BOARD OF ALDERMEN OF THE CITY OF PERRYVILLE, MISSOURI, AS FOLLOWS: 1. That the Mayor and Board of Aldermen of the City of Perryville approve the contract marked Exhibit A and attached hereto and incorporated herein as if fully set forth between the City of Perryville, a municipal corporation, and Herlacher Angleton Associates, Inc. It is the belief of the Mayor and Board of Aldermen that it is in the best interest of the citizens of the City of Perryville, that the City enter into said contract. 2. That the Mayor be and she is hereby authorized and directed to execute said contract for and on behalf of the City of Perryville, Missouri. 3. That the City Clerk of the City of Perryville is hereby authorized and directed to attest the signature of the Mayor on the attached contract. 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portions shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions hereof. 5. The Mayor and Board of Aldermen hereby declare this ordinance to be an emergency ordinance in order to protect the health, safety, and welfare of the citizens of the City of Perryville. 6. This ordinance shall take effect and be in force from and after its passage and approval. FIRST READING: September 15, SECOND READING: September 15, PASSED AND APPROVED this 15 th day of September, 2009, by a vote of 6 ayes, 0 nays, 0 abstentions, and 0 absent. CITY OF PERRYVILLE, MISSOURI By: Deborah M. Gahan, Mayor Tracy Prost, City Clerk FIRST READINGS: Alderman Flentge presents motion, seconded by Alderman Oliver, and on vote carried Bill No. 4821, accepting contract with CGI Communications, Inc., regarding community video tour program, is read for the first time by title only. The heading is as follows: AN ORDINANCE AUTHORIZING THE MAYOR OF THE CITY OF PERRYVILLE, MISSOURI, TO EXECUTE A CONTRACT BY AND BETWEEN THE CITY AND CGI COMMUNICATIONS, INC. RELATIVE TO COMMUNITY VIDEO PROGRAM; FURTHER SAID ORDINANCE SHALL AUTHORIZE AND DIRECT THE CITY CLERK TO ATTEST THE SIGNATURE OF THE MAYOR. Alderman Flentge, Chairman of the Public Safety Committee, asks the Police Department to do a study on the necessity for Children at Play signs on Lottes Boulevard, between Bruce Street and Moulton Street. Alderman Riney asks that the Public Works Department check on the weeds along Dry Run Branch.

13 Alderman Schumer, as Chairman of the Industrial Committee, informs the Board of Aldermen that the Perryville Development Corporation is working with GilsterMary Lee Corporation regarding the transfer of land and other issues. Mr. Larry Tucker, Director of the Perry County Economic Development Authority, informs the Board of Aldermen that Wilkes Corporation has received a new contract. Also, Liberty Green Renewables is working on a press release. Mr. Jack Farley will be in Perryville on Thursday. At this time, City Administrator Buerck informs the Board of Aldermen that the Abatement Notice issued to Sunrise Retirement Home, Inc., will be up on September 17 th and the project has not been completed according to the order of the abatement. City Administrator Buerck distributes a Holiday Trash Pickup Schedule for the Board s review. It is proposed that the schedule be amended for the weeks of Thanksgiving, Christmas, and New Years as follows: Monday, Ward 3; Tuesday, Ward 1; Wednesday, Ward 2. At this time, City Administrator Buerck distributes a letter received from a Perryville resident requesting a discounted membership fee at the Perry Park Center because she suffers from several medical conditions and needs to join the water aerobics class but does not have the funds for the membership fee. After discussion and review, Alderman Schumer makes a motion to offer a discount to this individual for three months and that her progress be monitored and reported back to the Board of Aldermen. Motion is seconded by Alderman Flentge. After further discussion, Alderman Schumer adds to his motion that a letter must be received from the individual s doctor so that the City has official documentation of her health condition. Alderman Flentge now removes his second from the motion. Alderman Schumer withdraws his motion. After further discussion and review, Alderman Buerck makes a motion that this individual be granted a threemonth pass to the Perry Park Center provided she submits a doctor s recommendation to the Parks & Recreation Director, and also that, after a 90day period, the City Administrator and Parks & Recreation Director give the Board of Aldermen their opinion on whether or not to extend the pass. Motion is seconded by Alderman Flentge, and on vote carried. City Attorney Ludwig informs the Board of Aldermen that he was involved in an auto accident after the last City Council meeting and has received a ticket for running a stop sign in the City of Perryville. Also, City Attorney Ludwig notes that he is working on a contract between the City of Perryville and GilsterMary Lee Corporation regarding their expansion. City Attorney Ludwig also informs the Board of Aldermen that he has a litigation matter for closed session. Alderman Leible informs the Board of Aldermen that he was contacted by Ms. Ruby Kiefer regarding a problem with a neighbor operating a business in her neighborhood and he asks that the Code Enforcement Officer investigate the matter. Alderman Leible also asks that City staff continue to work with Mr. Wayne Martin regarding the sale of the fuel pump and accessories. Alderman Schumer suggests that Mr. Martin submit an appraisal amount for the fuel pump and accessories so that the City can sell it. Alderman Riney asks City Attorney Ludwig about the status of the continuous yard sale matter. City Attorney Ludwig notes that he will have an ordinance prepared for their review. Mayor Gahan announces that the City of Perryville was awarded the Community Spirit Award sponsored by Farm Bureau for the Tour of Missouri bicycle race. She states this award was presented to

14 our city as the top route city for the entire state and that award money of $6,000 would be used to promote a healthy lifestyle. Now, at this time, upon motion by Alderman Riney, seconded by Alderman Leible, it is ordered that the Board now convene into closed session in order to discuss litigation matters. Roll call showed the aye and nay vote as follows: Curt Buerck, aye; Paul R. Flentge, aye; Randy J. Leible, aye; Al Oliver, aye; Larry Riney, aye; Gary J. Schumer, aye. Totals: aye, six; nay, none. Following discussion and review, it is upon motion by Alderman Buerck, seconded by Alderman Oliver, that the Board now reconvene into regular session for any business that might come forth. Roll call showed the aye and nay vote as follows: Curt Buerck, aye; Paul R. Flentge, aye; Randy J. Leible, aye; Al Oliver, aye; Larry Riney, aye; Gary J. Schumer, aye. Totals: aye, six; nay, none. At this time, Alderman Buerck questions whether City staff is performing proper background checks on umpires and coaches assisting with the City of Perryville leagues. Staff assures the Board of Aldermen that they will contact the personnel clerk and Parks & Recreation Director to insure that this is being done. After discussion and review, the Board of Aldermen agree to hold a Study Session on Monday, September 21, 2009, at 7:00 p.m. There being no further business, it is upon motion by Alderman Buerck, seconded by Alderman Flentge, and on vote carried, ordered that the Board now adjourn until Tuesday, October 6, 2009, at 6:30 p.m., the regular meeting in course. MAYOR CITY CLERK