1
JANUARY 2020
Gallatin Publishing Company -- Ph: 660.663.2154
Lake Viking News
www.LakeVikingMo.com
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PERMIT NO. 38 GALLATIN, MO. 64640 P.O. BOX 37, GALLATIN, MO 64640 ADDRESS SERVICE REQUESTED
Beautiful Lake Viking... Lake Living the Better Way!
Lake Viking News ©Gallatin Publishing Co.
January 2020
VVA Board of Directors January 12, 2020 Call to Order Susan Zalenski, Lot 364, called the meeting to order at 6:30 p.m. in the upper level of the clubhouse. Members in attendance were Flint Hibler, Lot 183; Mark Leggett, Lot 72 and Mike Booth, Lot 1259. Troy Lesan, Lot 576, Eric Odette, Lot 220, and Tony Gronniger, Lot 2281 were unable to attend. Shad Mort led the Pledge of Allegiance. Mark Leggett led in prayer and asked for a moment of silence for the loss of one our longtime members, Daryl Bailey. Approval of Minutes Mike Booth moved to approve the minutes of the December 8, 2019 Board meeting. Flint Hibler seconded; motion passed. Committee Reports Handbook Committee: Susan Zalenski asked if there were By-Law changes that need to be submitted to the paper for members to review before the Annual Meeting in March. Sally Zerbe responded that she had a copy of the changes from the Committee and would get them in the January paper. Finance Committee: Shad Mort gave a finance report. Kim Spidle was at the finance meeting to review our investments. Shad reported to the Board that final numbers for 2019 will not be complete until the end of January, so the financial reports in the January newspaper will be preliminary. The Finance Committee discussed our 2019 income tax return and decided to allow our attorney to file that again this year. He had filed for us 2 years ago to secure our not-for-profit status, so we will continue to use him for preparing our return for another year. Strategic Planning Committee: Susan Zalenski pointed out the sound proofing panels have been installed in the upper level. The Committee presented their long-range plan to the Board and will be posting that for the members to review. Activities Committee: Flint Hibler asked the Board to approve the 2020 list of Activities. Susan Zalenski asked that the motion be made under Board Action later in the meeting. Building Committee: Flint Hibler reported 2 new permits were issued in December, with one of those being a new house. Fire Department: Mike Booth reported new decals had been put on the big pumper truck. Campground: Flint Hibler reported the plumbing and electrical supplies for the campground expansion have been ordered. Lake Committee: No Report. Infraction Committee: No Report. Dredge Committee: Bob Hayes reported for the Dredge Committee. Bob attended a grant writing workshop recently, but unfortunately nothing [Continued on Page 8]
Polar Plunge and Beyond! The Official Party of Winter is Saturday, Feb. 15, 2020. The 13th Annual Lake Viking Polar Plunge will take place Feb. 15. Brave men and women from around the area will don costumes and swimwear and take “polar” dips into Lake Viking. Their “Reason for Freezin” . . . the athletes of Special Olympics Missouri! All proceeds from this year’s event will benefit training and competition for the 1,200 Special Olympics Missouri athletes here in the north area. The Polar Plunge is open to anyone 10 years or older who is a fan of having a good time for a good cause. The event is hosted by both the Chillicothe Correctional Center and the Daviess County Sheriff’s Department and will take place at the Lake Viking Clubhouse. Day-of registration begins at 11 a.m. and the Plunge starts promptly at 2 p.m. The Pee Wee Plunge will take place for all those 9 years and younger prior to the main event. In 2019, Polar Plungers raised over $15,000 for Special Olympics Missouri North Area athletes. Each participant must raise a minimum of $75 to participate and can earn incentives by reaching fund-raising goals. Pee Wee plung[Continued on Page 3]
Next VVA Board Meeting:
www.lakevikingmo.com
Volume 32, No. 9
MARK YOUR CALENDAR!
ANNUAL MEETING March 1, 2020 The Viking Valley Association Annual Meeting will be held March 1, 2020 at 2:00 p.m. in the upper level of the clubhouse.
In order to attend the meeting, each person must be an Active Member in good standing. EACH PERSON MUST have their 2019 Membership Card with them to be admitted to the meeting. This is the only verification we have during registration that you are a paid member in good standing. A valid driver's license may also be required to validate identification. As stated in the Viking Valley Association By-laws, Article I and Article II, Renters and Associate Members are not entitled to receive notice of any meeting, to vote, or to participate therein. Only “Active Members in Good Standing” (record owner of a lot or tract of land located in Valkyrie Valley Subdivision) are eligible to attend and participate in the meeting.
Please remember: EACH PERSON MUST HAVE THEIR 2019 MEMBERSHIP CARD IN ORDER TO BE ADMITTED TO THE MEETING!
Questions ... For Agenda of Annual Meeting of Members Viking Valley Association members who have questions that may require proposed amendments or policy changes to anything concerning the Association, including, but not limited to the Handbook, Committee Process or minutes of previous meetings, must submit their question(s) in writing to the Association Office four weeks prior to the Annual Meeting. This will allow the Board time to research the question and provide an appropriate discussion during the Annual Meeting. In order to give all members advance opportunity to know what decisions could be made and votes taken at the Annual Meeting, NO MOTIONS on any subject will be allowed from the floor, unless you have put your question in writing and submitted it to the Association Office by February 1, 2020 to be placed on the Annual Meeting Agenda and published in the Lake Viking News.
Topic: Dredging
Town Hall Meeting Feb. 1 A town hall meeting is scheduled at 2 p.m. Feb. 1, 2020, to discuss dredging and funding options, and to inform our members. The decisions on how we move forward and what options we choose will affect the lake for years to come. Please plan to attend this important meeting! Additional information on page 7.
6:30 p.m. Sunday, Feb. 9, 2020 Lower level of the clubhouse
All members in good standing are welcome and encouraged to attend. If you want on the agenda, you must notify the office on or before the Monday prior to the board meeting.
2
JANUARY 2020
Lake Viking News
Gallatin Publishing Company -- Ph: 660.663.2154
www.LakeVikingMo.com
Gallatin Publishing Company -- Ph: 660.663.2154
Lake Viking News
www.LakeVikingMo.com
Polar Plunge
JANUARY 2020
(continued from page 1)
ers must raise a minimum of $25 to participate. This year’s goal is $20,000 and organizers hope to break the million-dollar mark across the state with 11 events. Costumes are highly encouraged. Awards will be given in the following categories: Top Fund-raiser, Top Fund-raising Group, and Top Fund-raising School. Golden Plunger Awards for the most creative costumes will also be presented to both top group and top individuals. “Belly flops not required” ... but recommended by top fund-raiser Jim Rash! No wet suits are allowed, and shoes are required. The easiest and most efficient way to register is online at www.somo.org/plunge. Participants may also register the day of the Plunge at Lake Viking. All plunging participants will receive an official Polar Plunge commemorative shirt Theme: and bragging rights for freezing your fur off. Come early as there will be lunch and music. Polar Plunge sponsors include Smithfield Hog Production, Gallatin Publishing, and Lake Viking Association. For more information about the Polar Plunge, please contact Melody Prawitz at 816-233-6232 or email prawitz@somo.org. About Special Olympics: New Missouri Special Olympics Missouri is a year-round program of sports training and This disabilities. More than athletic competition for children and adults with intellectual 16,400 athletes participate in 16 Olympic-type sports throughout the state. Special Year! Olympics provides people with intellectual disabilities continuing opportunities to develop physical fitness, demonstrate courage, and experience joy as they participate in the sharing of gifts and friendship with their fellow athletes, their family and friends, and communities across Missouri. Special Olympics Missouri returns 85 percent of every dollar back to program services and is privileged to be recognized with these honors: Better Business Bureau Accredited Charity, Charity Navigator 3-star rating and an inductee into the Missouri Sports Hall of Fame – Class of 2013. Thank you for trusting us with your donations, volunteer time and your goodwill. Visit Special Olympics at www.somo.org. Engage with us on Twitter @somissouri; fb.com/specialolympicsmo; Instagram @somissouri.
3
13th Annual
Parade • Greek Fiesta!
Let your inner “Zeus” loose!
Plunge Souvenirs For Sale!
Greek Fiesta!
for Special Olympics
will be held at the Lake Viking Clubhouse
on Saturday, February 15, 2020.
Plunge promptly at 2 p.m. Registration at 11 a.m. • Traditional Parade of Costumes at 1 p.m. As always, warming tents are available for plungers! Minimum fund-raising of $75/participant
PeeWee Plunge
for Future Polar Plungers (Age 9 & under) prior to the main event!
Registration at 11 a.m. PeeWee Plungers will receive a Plunge goody bag.
Located under the shelter behind the clubhouse. Minimum fund-raising of $25
Concessions: Free Will Offering Hotdogs, Chili Dogs, Chips, Cookies, Coffee, Hot Chocolate
Call Melody Prawitz, Special Olympics coordinator, at 816-233-6232. Go to the Special Olympics web page: www.somo.org/plunge to register. Plungers, register online and order your shirt at the same time!
4
Gallatin Publishing Company -- Ph: 660.663.2154
JANUARY 2020
Lake Viking News
www.LakeVikingMo.com
2020 BUDGET WORKSHEET
2020 Budget Worksheet INCOME
2020 Proposed
Membership Dues
$
88,000.00
Special Assessments
$
800,384.00
Special Lake Assessments
$
153,587.00
Ramp Gate Assessment
$
3,000.00
Special Road Assessments
$
50,835.00
Deferred Maint./Capital Projects Assmts.
$
49,000.00
Collections on Delinquent Accts
$
30,000.00
Service Charge
$
7,500.00
Credit Card Convenience Fees
$
3,000.00
Campground income
$
75,000.00
Mowing receipts
$
12,000.00
Building Permit Fee
$
40,000.00
Clubhouse Income
$
5,000.00
Sales Income
$
4,000.00
Cemetery Income
$
500.00
Special Rd Dist 1
$
7,000.00
Fire Department Income
$
1,000.00
Activities Income
$
10,000.00
Interest Earned
$
8,000.00
Contract Income- PWSD # 3
$
3,000.00
n o i t a i c o s s yA e l l a V g n i Vik
Financials
PRELIMINARY YEAR END 2019 Viking ValleyYEAR Association PRELIMINARY END 2019
Viking Valley Association Income vs. Budget INCOME VS BUDGET for the Twelve Months Ending December 31, 2019 For the Twelve Months Ending December 31, 2019
Clubhouse Renovation
Misc Income Total Income
$
15,000.00
$
1,365,806.00
EXPENSES
2020 Proposed
Gross Wages-Admin
$
143,000.00
Gross Wages-Maint
$
140,000.00
Gross Wages-Dredge/Spec. Lake
$
40,000.00
Gross Wages-Security
$
114,000.00
Gross Wages-Housekeeping
$
6,000.00
Gross Wages-Pool
$
1,500.00
Credit Card Merchant Fees
$
4,500.00
Employer FICA Tax Expense
$
34,000.00
Employee Retirement
$
8,500.00
Administrative Expense
$
7,000.00
Employee Insurance
$
36,000.00
Insurance & Bonds
$
80,000.00
Taxes. Licenses & Permits
$
30,000.00
Legal & Professional
$
6,000.00
Promotional & Advertisement
$
10,000.00
Office Expense
$
9,500.00
Postage Expense
$
5,000.00
Maintenance Expense
$
40,000.00
Mowing Contract Expense
$
1,500.00
Roads
$
120,000.00
Roads (DCSRD #1)
$
1,000.00
Ramp Gate Expense
$
1,500.00
Security Expense
$
8,000.00
Fire Dept Expense
$
7,500.00
Special Lake Expense
$
95,000.00
Interest Expense
$
3,000.00
Electricity
$
52,000.00
Phone
$
6,500.00
Water
$
9,000.00
Heat
$
5,000.00
Fuel
$
25,000.00
Dredge Fuel
$
15,000.00
Trash Expense
$
13,500.00
Campground Expense
$
7,500.00
Deed / Lien Expense
$
1,000.00
Cemetery Expense
$
500.00
Clubhouse Renovation Expense
Activities Expense Misc Expense
$ 2020 BUDGET WORKSHEET $
Fish Stocking Total Operating Expense
8,000.00 4,000.00
$
2,000.00
$
1,101,500.00
2020 Proposed
Net Income from Operations
$
264,306.00
Less principle on dredge loan
$
(32,400.00)
Less capital expenses
$
(159,000.00)
Deferred Maint./Capital Project Expense
$
(50,000.00)
$
22,906.00
Net change in cash position
Income (400... 4100 4200 4150 4300 4350 4250 4400 4401 (450... 4550 4600 4650 4651 4700 4800 4850 4860 4870 4900 4910 4950
ACTUAL
Membership Dues Special Assessments Special Lake Assessments Ramp Gate Assessment Special Road Assessments Deferred Maint./Capital Projects Assmts. Collections-Delinquent Accts. Service Charge Credit Card Convenience Fee Campground Income Mowing Receipts Building Permit Fee Clubhouse Income Clubhouse Renovation Sales Income Cemetery Income {Reimb} Special Road Dist. #1 Fire Department Income Activities Income Interest Earned Contract Income-P.W.S.D. #3 Misc. Income Total Income
Operating Expenses 6000 Gross Wages-Administrative 6001 Gross Wages-Maintenance 6002 Gross Wages-Dredge {Sp. Lake} 6003 Gross Wages-Safety 6004 Gross Wages-Housekeeping 6005 Gross Wages-Pool Monitors 6006 Credit Card Merchant Fees 6010 Employer FICA Tax Expense 6049 Employee Retirement 6050 Administrative Expense 6051 Employee Insurance 6052 Insurance & Bonds 6053 Taxes, Licenses & Permits 6054 Legal & Professional 6055 Clubhouse Renovation Expense 6056 Promotional & Advertisement 6100 Office Expense 6103 Postage 6200 Maintenance Expense 6210 Mowing-Contract Expense 6250 Roads 6251 Roads {Special Rd. District} 6300 Ramp Gate Expense 6400 Security Expense 6450 Fire Department Expense 6500 Special Lake Expense 6550 Interest Expense 6600 Electricity 6700 Phones 6750 Water 6800 Heat {Propane} 6900 Fuel {Gas/Diesel} 6901 Dredge Fuel 7000 Trash Expense 7100 Campground Expense 7300 Deed / Lien Expense 7600 Cemetery Expense {Reimb} 7795 Activities Expense 7800 Misc. Expense 7900 Fish Stocking Total Operating Expenses1/16/2020 Net Income (Loss) before Taxes 1590
Capital Expenditures Net Income (Loss) after Taxes
BUDGET
VARIANCE
%
$87,856.18 780,054.19 148,335.45 3,700.00 49,359.38 46,408.37 45,654.01 8,314.52 3,189.31 73,338.51 11,828.39 59,100.00 5,115.00 2,768.00 3,470.88 1,325.00 4,542.50 1,240.00 13,109.60 5,028.91 4,545.00 26,409.43 1,384,692.63
$88,000.00 769,600.00 147,680.00 2,500.00 48,880.00 50,000.00 20,000.00 7,000.00 3,000.00 75,000.00 15,000.00 34,000.00 5,000.00 5,000.00 6,000.00 500.00 7,500.00 1,000.00 5,000.00 8,000.00 3,000.00 15,000.00 1,306,660.00
($143.82) 10,454.19 655.45 1,200.00 479.38 (3,591.63) 25,654.01 1,314.52 189.31 (1,661.49) (3,171.61) 25,100.00 115.00 7,768.00 (2,529.12) 825.00 (2,957.50) 240.00 8,109.60 (2,971.09) 1,545.00 11,409.43 78,032.63
99.84% 101.36% 100.44% 148.00% 100.98% 92.82% 228.27% 118.78% 106.31% 97.78% 78.86% 173.82% 102.30% (55.36%) 57.85% 265.00% 60.57% 124.00% 262.19% 62.86% 151.50% 176.06% 105.97%
137,920.35 137,015.63 29,196.61 107,561.45 6,361.20 1,278.00 4,598.06 33,663.68 8,778.04 5,419.60 23,982.92 78,204.46 20,012.49 6,992.50 11,710.65 13,465.00 8,771.51 4,504.27 37,743.40 1,295.00 135,689.51 809.52 719.40 8,629.86 2,615.91 80,698.24 3,213.45 49,975.41 6,069.64 9,916.86 4,328.80 26,164.08 5,216.62 13,069.06 7,082.84 784.75 34.07 9,606.47 1,145.27 2,000.00 1,046,244.58
134,000.00 130,000.00 40,000.00 110,000.00 5,000.00 2,000.00 5,000.00 33,000.00 7,500.00 7,000.00 45,000.00 80,000.00 35,000.00 6,000.00 5,000.00 11,000.00 9,500.00 4,000.00 40,000.00 2,000.00 105,000.00 1,000.00 1,500.00 7,000.00 9,000.00 95,000.00 4,500.00 52,000.00 7,500.00 8,500.00 5,000.00 20,000.00 20,000.00 13,000.00 7,000.00 1,000.00 750.00 5,000.00 4,000.00 2,000.00 1,079,750.00
3,920.35 7,015.63 (10,803.39) (2,438.55) 1,361.20 (722.00) (401.94) 663.68 1,278.04 (1,580.40) (21,017.08) (1,795.54) (14,987.51) 992.50 6,710.65 2,465.00 (728.49) 504.27 (2,256.60) (705.00) 30,689.51 (190.48) (780.60) 1,629.86 (6,384.09) (14,301.76) (1,286.55) (2,024.59) (1,430.36) 1,416.86 (671.20) 6,164.08 (14,783.38) 69.06 82.84 (215.25) (715.93) 4,606.47 (2,854.73) 0.00 (33,505.42)
102.93% 105.40% 72.99% 97.78% 127.22% 63.90% 91.96% 102.01% 117.04% 77.42% 53.30% 97.76% 57.18% 116.54% 234.21% 122.41% 92.33% 112.61% 94.36% 64.75% 129.23% 80.95% 47.96% 123.28% 29.07% 84.95% 71.41% 96.11% 80.93% 116.67% 86.58% 130.82% 26.08% 100.53% 101.18% 78.48% 4.54% 192.13% 28.63% 100.00% 96.90%
$338,448.05
$226,910.00
73,287.70
0.00
$265,160.35
$226,910.00
$111,538.05 149.16% 73,287.70
0.00%
$38,250.35 116.86%
Gallatin PublishingVIKING Company -- Ph: 660.663.2154 VALLEY ASSOCIATION
5
JANUARY 2020
2020 CAPITAL EXPENDITURES www.LakeVikingMo.com
Lake Viking News
Viking Valley Association 2020 Capital Expenditures 2020 Capital Expenditures
Purchased
1 new zero turn mowers w/o trade
$
11,500.00
Asphalt roller
$
8,500.00
Maintenance pickup
$
9,000.00
Dump truck
$
20,000.00
Trailer / equipment
$
5,000.00
Ranger UTV
$
9,000.00
Concrete work / Clubhouse
$
7,500.00
Road tubes
$
25,000.00
Pontoon boats / Maintenance
$
12,000.00
Mini Excavator trade
$
25,000.00
Office furnace
$
4,500.00
Pool filters
$
6,000.00
TOTAL BUDGETED CAPITAL EXPENDITURES $
143,000.00
2020
3
Sunday March 1
Mark Your Calendars Now!
The Viking V
alley Assoc
Annual Mee of Member
iation
ting
s will be
March 1, 2020 at 2 p.m . at the Clu
bhouse
$0.00
ITEMS NOT BUDGETED TOTAL
$0.00
Bylaw Change
PRELIMINARY END PRELIMINARY YEAR YEAR END 2019 2019 Viking Valley Association Viking Valley Association COMPARATIVE Balance BALANCE SHEET Comparative Sheet December 31, 2019 December 31, 2019
Current Assets 1050 Farmers Bank 1052 BTC Bank Gen Checking 1056 BTC Bank CD #2 1057 BTC ICS 1058 Edward Jones CD#1 1059 BTC Bank CD 1061 State Farm Bank MM 1062 Ed Jones CD#2 Capital Projects 1063 Edward Jones CD Interest 1064 Edward Jones CD#4 1065 Edward Jones CD#5 1113 Farmers Bank Cemetery 1500.00 Petty Cash Total Current Assets
12/31/19 Assets
ARTICLE XIV • SECTION 4
12/31/18
$0.00 158,549.07 31,205.36 181,769.93 225,000.00 0.00 29,345.60 67,000.00 118,636.50 110,000.00 225,000.00 16,740.53 500.00 1,163,746.99
$84,597.17 9,505.20 31,205.36 530,680.56 0.00 225,895.50 29,102.03 0.00 0.00 0.00 0.00 16,694.33 500.00 928,180.15
Fixed Assets 1590 Current Year Cap Expenditures 73,287.70 1600 Equipment 2,403,863.34 1605 Buildings & Fixtures 773,271.61 1610 Accumulated Depr.-Equipment (2,119,822.35) 1615 Lots Held For Resale 0.00 1620 Land (Lots) 26,935.33 Page 1 Total Fixed Assets 1,157,535.63
88,727.52 2,334,389.65 754,017.78 (2,119,822.35) 0.00 26,935.33 1,084,247.93
Other Assets 1900 State Inc. Tax Prepaid 1910 Federal Inc. Tax Prepaid Total Other Assets Total Assets Current Liabilities 2000 SIT Payables 2010 FIT Payables 2020 FICA Payables 2030 FUTA Payables 2040 SUTA Payables 2085 Insurance Witholding 2086 Garnishment / Support 2089 Simple IRA 2098 Commerce Bank (dredge) Total Current Liabilities Owners' Equity 3000 Investment in Fixed Assets 3560... Retained Earnings (400... Current Income Total Owners' Equity Total Liabilities & Equity 1
0.00 0.00 0.00
0.00 0.00 0.00
2,321,282.62
2,012,428.08
Liabilities & Equity
Current: 1st four sentences VARIANCE The Safety Patrol shall have the responsibility to issue written notices of violations of the Rules and Regulations (‘Violation ($84,597.17) Notice’). The Infraction Committee shall 149,043.87 hold public hearings at regular intervals to 0.00 hear and consider facts and circumstanc(348,910.63) es as presented by both the alleged viola225,000.00 tor and member of the Security Patrol who (225,895.50) issued the Violation Notice and determine 243.57 whether or not the violation stated in the 67,000.00 Violation Notice occurred and , if so, to set 118,636.50 the punishment for each violation. The In110,000.00 fraction committee shall have authority to 225,000.00 impose such penalties as may be deemed 46.20 just and proper upon those member and 0.00 persons which it finds in violation or have 235,566.84 committed infractions of said Rules and Regulations or By-Laws which may include the levy of a fine not to exceed $500 per (15,439.82) infraction, unless a prescribed fine set by 69,473.69 the Board of Directors is specified in the 19,253.83 rule, the suspension of Association and fa0.00 cility privileges and use and the payment 0.00 of expenses incurred by the Association in 0.00 1/20/2020 connection therewith. 73,287.70 Proposed: The Safety Patrol shall have the responsibility to issue written notices of violations 0.00 of the Rules and Regulations (‘Violation No0.00 tice’). The Infraction Committee shall hold 0.00 individual hearings at regular intervals to hear and consider facts and circumstances 308,854.54 as presented by the alleged violator and a member of Safety Patrol. (Remove next sentence) The Infraction Committee shall have the authority to impose a fine or 840.96 judgment upon alleged violator, not to 0.00 exceed $500 per Infraction, unless a pre0.00 scribed fine set by the Board of Directors is 0.00 specified in the rule, the suspension of As0.00 sociation and facility privileges and us and 0.00 the payment of expenses incurred by the 0.00 Association in connection therewith. 2,192.08
1,352.95 0.00 0.00 0.00 0.00 0.00 0.00 3,292.60 72,720.28 77,365.83
511.99 0.00 0.00 0.00 0.00 0.00 0.00 1,100.52 105,506.83 107,119.34
599,143.73 1,306,325.01 338,448.05 2,243,916.79
599,143.73 1,042,000.90 264,164.11 1,905,308.74
0.00 264,324.11 74,283.94 338,608.05
2,321,282.62
2,012,428.08
308,854.54 01/15/20 09:55 AM
(32,786.55) (29,753.51)
Add New Paragraph OR Remove and Replace Section 6 with the following: The hearing may be attended by the alleged violator and/or member cited. The alleged violator may also be represented by counsel. Any member not contesting an Infraction may pay their fine at the office prior to the scheduled hearing and need not attend.
McATEE's MAYTAG.qxp_McATEE's MAYTAG 11/6/18 11:48 AM Page 27
6
Gallatin Publishing Company -- Ph: 660.663.2154
JANUARY 2020
Lake Viking News
www.LakeVikingMo.com
Meet the 3 candidates for VVA Board ... James Funk
Debra Hayes Lot 389
Current career setting: General Manager – Office Depot Number of years an Association Member: 8 years Previous VVA Board or committee service: Board Member 2018, Campground 2013 – present, Infraction Committee 2018-2019 Additional personal or family data: Married to Gina for 13 years. We have 6 children and 4 grandchildren. We enjoy having our kids and grandkids at the lake with us. This is a very fun and comfortable place to be and has always been a friendly community. This is the main reason we love it here at Lake Viking. What qualities of Lake Viking led you to become a property owner? The comforts of the lake and the peace we feel when we are here. The convenience of the lake to our house in Gladstone was also a big draw for us to purchase here and look to be here long into the future. Describe aspects of your background that uniquely prepare you for Board service: I served on the Board in 2018. I’m currently on the Campground and Infraction committees. I have been involved with the lake every year that we have been here. I’ve run thriving businesses for 32 years. What do you feel is the greatest challenge facing our Association? Funding of major projects that need to be done for the future. ie: Dredging and sustaining our infrastructure. What are the top two issues you want the Board to focus on? We have to focus and keep focusing on the future of the lake. I believe there has been a good start with the Strategic Planning Group this past year. Describe your vision for Lake Viking: My vision is to try and help keep our beautiful, friendly lake that way. By having people wanting to buy and stay at the lake in the future. By showing what the lake is about people, will keep coming and help keep the lake flourishing.
Current career setting: Holistic Health Coach Number of years an Association Member: 6 years Previous VVA Board or committee service: None Additional personal or family data: Husband: Bob Daughter: Laura What qualities of Lake Viking led you to become a property owner? The overall beauty of the lake, the convenience to our home in Kansas City, and the diversity and friendliness of the homeowners and lake management and staff. Describe aspects of your background that uniquely prepare you for Board service: I have over 20 years’ experience in Human Resources and business administration / management. I am co-founder of a non-profit that focuses on helping displaced individuals get back into the workforce. I served as Vice-President and Interim President of the Board for a non-profit that focuses on empowering young women in Kansas City to become the leaders of tomorrow. What do you feel is the greatest challenge facing our Association? Moving forward. Identifying and adhering to a Strategic Plan that will build Lake Viking into a community that is fiscally responsible, environmentally healthy, has a strong infrastructure in place, and that has an active community lifestyle. What are the top two issues you want the Board to focus on? Developing a strong infrastructure for our community and ensuring we maintain the environment and natural resources of our lake in all we do. Describe your vision for Lake Viking: I envision a community that has an active membership with all of us engaged in preserving our community and environment for future generations. One that is financially stable, that is protective of our natural environment, that has a quality infrastructure in place, and that is a community that will sustain itself for years to come.
Lot 2904
includes...
High Speed
LV
AKE IKING NEWS
Published monthly by the Gallatin Publishing Company, 609B S. Main, Gallatin MO 64640 All rights reserved. For Advertising information, call 660-663-2154 or FAX 660-663-2498
Opinions expressed in letters to the editor and submitted columns published in the Lake Viking News do not necessarily reflect the opinion of the publishers. Letters are welcome from any association member; letters are subject to editor ’s discretion.
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www.LakeVikingMo.com Doug Holland – Lot 676 Current career setting: Retired Number of years an Association Member: 15 years Previous VVA Board or committee service: None Additional personal or family data: My wife Mary and I have resided in Saint Joseph, MO most of our adult life and been mostly summer residents at Lake Viking since 2004. We have two daughters Sarah and Clara, and seven grandchildren. I graduated from Missouri Western State University with a Bachelor of Science in Business Administration. I’ve worked in the fields of Manufacturing, Customer Service, Distribution, and Transportation for 37 years; retiring as an officer for Hillyard Companies in 2017. I feel my experiences with people, budgets, and problem solving could be beneficial as a Lake Viking Board Member. My gratitude for those
that have served the lake as volunteers in the past motivated me to give back. What qualities of Lake Viking led you to become a property owner? Family oriented summer recreational lake close to our home in St. Joseph, MO. Describe aspects of your background that uniquely prepare you for Board service: I have had experience serving on committees and problem solving most of my career. What do you feel is the greatest challenge facing our Association? Demographics of members and their participation. What are the top two issues you want the Board to focus on? Finance and Lake Describe your vision for Lake Viking: I would like to see our lake continue as a vibrant summer destination for generations to come.
2020
Activities Calendar February 14........................ Valentine Party March 7 ............................. Wine and Cheese March 19............................ Sip and Paint April 11............................... Easter Egg Hunt April 18............................... Spring Garage Sale May 2.................................. Cinco De Mayo June 6................................. Poker Run July 4.................................. Fourth of July • Craft Fair Clubhouse ............................................ Jeff Hower Anvil shoot •Fireworks July 18................................ Patio Party with Band August 8............................. Kids Play Day (Blow Ups) ............................................ Kids movie night 7-9 pm August 22........................... Scavenger Hunt September-December........ ALL Chiefs noon games September 12..................... Fall Garage Sale October 3............................ Beer & Brats October 31.......................... Trunk or Treat in parking lot ............................................ Pumpkin painting •Costume contest October 31.......................... Adult Party November 7........................ Firefighters Chili Cook Off December 5........................ Cookie Decorating / Wrapping Party
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Dredging and Funding Options By Shawn Hepinstall Dredge Committee Chairman
It has always been amazing to me the amount of passion and care our members have for the stewardship of our lake. We have been members of the Lake Viking community for 20 years. The lake, the people, and our community are truly special. Along the way there have been a lot of challenges and our members always make the right decision for the health of our lake. Silt and dredging have been a fact of life from day one at Lake Viking. Upon the completion of the lake in 1969, discussions of silt and dredging began showing up in the board minutes. In October of 1975, just five short years later, the first “mud cat” dredge was purchased for $59,000. In April of 1976 the members voted to approve the first dredge assessment, $10 per lot owner. Over the years we have done a lot to capture and slow the silt from coming into the lake, including engineer studies with recommendations. Retention ponds, rock weirs and stream bank stabilization have all been implemented. Lake Viking was designed with a 9,203 acre water shed (14.3 sq. miles) that captures rain water through six main feeder creeks. Four of the main creeks are in the south end. As with any manmade lake in an agricultural area, silt comes in with the water. Once again, our community is faced with a major decision on how to fund our dredging efforts and finance the construction of a new basin to hold the silt on the south end of the lake. Each dredging on the south end typically removes 80,000-100,000 cubic yards of silt. This is done every 4-5 years. During the annual meeting last year, the dredge committee presented an overview of this project, preliminary cost estimates between $500,00014 to $700,000, and possible options February Valentine Party to fund this major capital expense. we have explored March 7 During this year Wine and Cheeseand gathered information members can make an informed Marchon 19these options so ourSip and Paint decision. April 11 Easter Egg Hunt
April 18 a Request For Proposal Spring (RFP) Garage Salewas sent to 1. We created which May 2 Cinco De Mayo engineering companies for plans to build the silt retention baJune 6 Run sin. Preserving and protectingPoker our lake is always one of our top July 4 Fourth of July basis that could priorities. Expanding or building a retention Craft Fair Clubhouse potentially hold 250,000-300,000 cubic yards of silt requires a Jeff Hower Anvil experience. shoot professional plan from engineers with previous We Fireworks challenged them to develop a basin that will not only hold the July 18develop one we can maintain, Patio Party without Band silt but clean and use for August 8 Kids Play Day (Blow Ups) many years into the future. We cannot afford to have a breech Kids movie night 7-9 pm in the walls or build something that has a limited life span. August 22
Scavenger Hunt
2. FSeptember unding – options presented at theChiefs Annualnoon Meeting – December ALL games a.September 5 Year Deferred Maintenance Plan We currently have 12 Fall Garage Sale $67,0003accrued and are onBeer target to commit an additional October & Brats 50,000 to $117,000. October 31this fund YE. Projected Trunk total or Treat in parking b.lotNew Dredge Assessment The current lake fund assessment is $30 per member. ToPumpkin raise enough capital via assesspainting ments it would require a substantial Costumeincrease. contest .1,100 members October 31 x $100 = $110,000 Adult Party .1,100 members November 7 x $250 = $275,000 Firefighters Chili Cook Off .1,100 members December 5 x $450 = $495,000 Cookie Decorating / c. Loan or Party Financing - Apply for a long term capital loan Wrapping making monthly payments. d. Sell some Lake Viking Community Areas - We own 23 Community Areas. They are all important assets owned by our community. Twelve of them are used extensively by our members and are important amenities. Eleven of the Community Areas are dormant and get very limited, if any use by our members. The proposal presented for membership consideration would offer 4-5 of these Community Areas for sale to generate needed funds. They are buildable lots and not part of the feeder creek system that replenishes the lake. Selling a few of these Community Areas rather than harboring this unused asset can benefit everyone. I encourage all members to look at the lake map and visit the actual Community Area sites. This is a viable option for our members to consider. e. A Combination of the above - Any combination of the options listed above could be approved by members. A town hall meeting is being scheduled for Feb. 1, 2020, to discuss our options and inform our members. The decisions on how we move forward and what options we choose will affect the lake for years to come. The stewardship and health of our lake is something we are all concerned with and take pride in as Lake Viking members. Please watch for future announcements on this meeting in February.
8
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VVA Board Minutes
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applied to Lake Viking. Bob also discussed the Engineering Study process. The Committee received bids from 5 firms ranging in price from $32,450 to $190,000. They narrowed it down to 2 firms, FYRA and Warger based on the scope of work. After a Committee vote they recommended to the Board to allocate the funds to hire Warger. Bob says there will be 3 phases to this study, which include: Surveying, Preliminary design, and Final design. Mark Leggett and Shad Mort thanked Bob Hayes for his work on this project. Nominating Committee: Susan Zalenski reported there are 3 candidates at this time running for the Board in March. The deadline to get your bio in the paper is January 15 and to be put on the ballot is February 1st. If these deadlines are not met there can be nominations from the floor on the day of the meeting. Human Resources Mark Leggett reported the work being done to update the Employee Manual and job descriptions has been turned over to Shad Mort for review by him and the employees. It should be ready for a vote by the Board of Directors by the February Board meeting. Mark thanked Debra Hayes for her hard work to get this accomplished. Lake Manager Report (Shad Mort) 1. Dredge: The main pump is in Kansas City for repairs. 2. The long reach will be working at the south end. We would like to rent another long reach this winter. Shad is checking on availability. 3. Assessor’s letter: Shad read a letter from the Daviess County Assessor, which stated, “Effective January 1, 2020 structures will no longer be assessed as leased property. All structures will be assessed to the real estate parcel on which it is situated.” Shad discussed the possibility that this will affect the carports in the campground. Susan Zalenski asked the Campground Committee to re-
view and come back with a recommendation, in case the Association is assessed for carports in the campgrounds. Shad will talk with the assessor to see if this, in fact, pertains to these structures. 4. Lake Manager’s goals for 2020: 1. Board member check list. 2. Plan for a one-lane dam crossing 3. Office Manual for the Board of Directors 4. Visit a couple of lake communities similar to ours. Financials: Flint Hibler moved to accept the monthly financial statements. Mark Leggett seconded; motion passed. Guest Time Roger Barker with Public Water Supply District #3 was invited to speak at this meeting to give the members an understanding of how the water district operates and partners with the Association. Roger has been with the water district for 38 years and is a Level 1 Certified Operator. The water district was run by the Association prior to 1997. In 1997 the now “Public Water District #3” was formed. Because this is a public entity, they can apply for grants, loans, and other perks whereas the Association does not qualify for grants. The water district employees three people, of which Roger is the Water Superintendent/Manager. Roger is also District 1 Director of Missouri Rural Water and represents 15 counties in Northwest Missouri. Roger was presented a list of questions, the first being about our water quality. All public water districts are governed by DNR and they require constant testing. DNR has more than 180 different contaminants that must be tested for. Another question was about using chemicals around the lake. Roger’s best explanation was if they are calling for rain, don’t spray your yards because that is when the chemicals will get into the water. The water in the lake is our drinking water [Continued on next page]
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VVA Board Minutes (continued from previous page)
so if you are in doubt, don’t spray. As far as water leaks, we dig them up and fix them. We will issue a boil advisory if the water pressure drops below 20PSI. A boil order has to be issued by the state. The water district is basically funded by money received on your water bills. There are 660 metered customers; and Roger did not have the number of unmetered or just tap customers. They have received grants for some upgrades; but rely on paying customers for income. Roger was asked what the opportunities for partnership with the Association were. Roger explained that PWSD and the Association have always worked well together. PWSD rents equipment from the Association to fix water leaks. Maintenance occasionally must operate that equipment; and they pay the Association for the materials used to patch the road after a water leak, so all in all it is a good relationship. A lot of people don’t understand why PWSD charges a tap fee if they don’t have water on their lot; but every lot has a valve on it so water can be added at any time. These valves were put in when the water system was constructed and have always been billed for. Missy Leggett asked if the pipes under the road are original and Roger’s response was yes. Majority of the lines are pvc and very durable according to Roger. Another question was do we have problems with capacity, to which Roger answered that there were only issues during the 4th of July holiday. They have to plan for peak usage during this time. A lot of people have questioned why we don’t make people conserve water when the lake is low; but Roger explained that in 2019 the water plant only used 1.23 inches of surface water from the lake the entire year. Susan Zalenski and the rest of the Board thanked Roger for his time and explaining just how PWSD#3 operates. Board Action 1.. Mark Leggett moved to accept the recommendation of the Dredge Committee to select Warger and Associates to develop our engineered plan for the silt retention basin on the south end of Lake Viking. The Board of Directors will allocate $50,000 in funds from the Long-Term Capital Maintenance Fund for this engineered plan. Flint Hibler seconded; motion passed. 2. .Mark Leggett moved to accept the 2020 list of Activities with the flexibility to change as necessary. Flint Hibler seconded; motion passed. Susan Zalenski wanted to remind everyone about the Town Hall Meeting on February 1, 2020 at 2:00 p.m. in the upper level of the clubhouse. An e-mail will be sent closer to time as another reminder. Adjourn: Mark Leggett moved to adjourn into Executive Session to discuss personnel and Board organizational matters at 7:47p.m. Mike Booth seconded; motion passed. Attendance: Missy Leggett, Lot 72; Tony & Lana Southwick, Lot 1594; Kenny & Suzette Southwick, Lot 381; Robert Hayes, Lot 389; Marvin McNabb, Lot 28; Mark & Stephanie Closterman, Lot 1900; Kim Spidle, Lot 341; Shad Mort, Lake Manager; Sally Zerbe, Lot 2528/Office. Let the record show that these Minutes are a record of the business transacted at this meeting and a sampling of the discussions. Comments and discussions are not reflected in whole or as actual quotations in the minutes, nor do they reflect all comments by members. Respectfully Submitted, Mark Leggett, Secretary Board of Directors Viking Valley Association
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JANUARY 2020
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NOTICE TO LANDLORDS If you have a rental property at Lake Viking, please read the following. ARTICLE XI - DWELLING RENTALS Section 1. A member can only rent one house at a time. Only a house is an eligible rental property. Garages, unimproved lots, shelters, private docks, private shorelines, beaches and campground spaces are not eligible for renting to non-members. Individual rooms in a house cannot be rented separately. Rental is for the entire property. Section 2. Non-member renters will pay Viking Valley Association a Renter’s fee for every whole or part of every 12 month period equal to the current year dues and Assessments. This Fee does not constitute any kind of membership. This Renter’s Fee is due on or before first day of occupancy. Member is responsible for ensuring Renter’s Fee is paid on or before first day of occupancy and upon any extension or renewal of lease. This fee is not refundable or subject to proration under any circumstances. We are grandfathering in the 10 current renters as of March 6, 2016 for the term of the current lessee. Section 3. Non-member Renters must show the Member’s guest pass for access to the pool, clubhouse facilities, beaches and community areas. If a Member is not in good standing, the Member’s guest passes are invalid. Section 4. No non-member renters are allowed to have watercraft titled in their name on the lake. All watercraft must be titled to a property owner. Renters with a valid guest pass may only use watercraft of a member in good standing. All watercraft are stickered according to the lot number of the Member. No guest and/or non-member watercraft allowed. Section 5. It is the Member’s responsibility to deliver a copy of their lease in its entirety to the Association office prior to the start of renter occupancy. Member shall have 10 days to notify the Association office of any changes or amendments to that lease pertaining to occupancy extensions or renewals. Section 6. Every non-member renter must attend a Zebra Mussel information session at the Association office within 10 days of the first day of occupancy. Section 7. All non-member renters must abide by the By-Laws, Covenants and Restrictions. Members shall be responsible for compliance of such Rules and Regulations by renters.
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: lets try to crop these and change the 911 Addresses headers to Garages and and Shops Lot and Storage Numbers to be displayed Doug Waugh
a)All City dwelling owners (houses, mobile King Lumber homes and dwellings of a similar construc208 E. Putnam tion) will have their lot number prominentKing City, MO 64463 ly 660-535-4337 displayed so that it is clearly visible from theCurrent roadway. Notes: July 2016: Four New Pix b) Lettering and numbering needs to be3716, located h/customers/king city lumber/ at 0174, least 33808, inches4466 high and sign colors need to be contrasting colors so the sign is easily read. c)Owners having multiple adjoining lots may include on the sign at the principle residence. d)Lots with structures (shelters, sheds, boat or swimming docks, decks, etc.) will have their lot number(s) prominently displayed so that it is clearly visible from the water (on lake front lots) and from the road way. e)As of August 1, 2014, all docks must have their lot numbers displayed on the lower right side of the dock, facing the water. All lake front dwellings will have lot numbers clearly visible from the water. This rule is in place for your safety in case of an emergency! Safety, Fire Department, First Responders and Ambulance personnel need to be able to see your address and lot numbers to respond!!
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(Continued on next page)
Phil Tate 1946-2019 Phillip Alan “Phil” Tate, 73, lifelong resident of Gallatin, passed away peacefully Sunday morning, Dec. 22, 2019 in his home. Phil was born on March 21, 1946 to Hubert L. and Patricia M. (Drummond) Tate in St. Joseph. He graduated from Gallatin High School in 1964, graduated from the University of Missouri with a degree in business administration, and was a member of Kappa Alpha Order. He was united in marriage to Nancy Cassity on March 29, 1969 at the Missouri United Methodist Church in Columbia. A long-time businessman in Gallatin, Phil, at one time, was owner-operator of Tate Oil Company. The Tate family was connected to the creation and building of Lake Viking. Phil’s father Hubert Tate, was one of the five Gallatin Rotary Club members who are acknowledged as “founders” of Lake Viking. Phil built and operated Tate Marine which was the lake’s first marina.
When Lake Viking was being constructed, Phil, as a college student, worked summers on the crews that were clearing the land. He often recalled how he watched as the engineering team set stakes to mark the eventual shoreline. Phil was elected to six terms in the Missouri State Legislature, representing the 4th and 3rd Districts. At the request of Gov. Mel Carnahan, Phil next served as the Director of Business Expansion and Attraction for the Missouri Department of Economic Development. Upon retirement from state service, he returned to employment in a number of positions in North Missouri: as director of regional economic development in Kirksville, MO; as the interim director and advisor to the North Central Missouri Development Alliance in Trenton; and briefly as interim city manager in Gallatin. Phil was a lifelong devoted member of the Gallatin United Methodist Church, where he provided leadership in many capacities. His commitment to local civic organizations included membership in the Gallatin Rotary Club (50 years), Gallatin’s Volunteer Fire Department, Gallatin Industrial Development Corporation (GIDC), Bright Futures Advisory Board, and others. Phil was also elected to the Gallatin City Council and the Gallatin R-5 School Board. Further examples of Phil’s commitment to public
service would be: his selection as an alternate delegate for Jimmy Carter to the National Democratic Convention in 1980; his appointment by Gov. Ashcroft as a Democrat member of the Missouri House Redistricting Commission in 1980; board member of the Kansas City University of Medical and Biosciences; member of the Northwest Missouri Roundtable of Economic Developers; and board member of the Community Foundation of Northwest Missouri. Phil Tate was preceded in death by his parents and brother, Steve Tate. Survivors include his wife, Nancy, of 50 years; his son, Aaron Tate (Loredana); his sister, Pam (Kent) Palmer; nieces, nephews, and extended family members. Flowers are welcome or memorial contributions can be made to the Gallatin Rotary Club in care of the funeral home. Funeral services were held Dec. 28, 2019, at the Gallatin United Methodist Church with visitation the previous evening. Burial was in Hillcrest Cemetery, Gallatin, with arrangements under the care and direction of Stith Funeral Home, Gallatin. Daryl Bailey 1946-2020 Daryl Gene Bailey, 73, Gallatin, formerly of Ottumwa, IA, died at Mosaic Life Care in St. Joseph on Jan.
Lake Viking Association Member Dwight Svuba is an avid wildlife photographer and takes many pictures every year when he and wife Sharon winter in South Texas. Here are two: Royal Terns and a pair of young foxes.
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www.LakeVikingMo.com 7, 2020. Daryl was born Jan. 9, 1946, in Centerville, IA, to Ed and Pauline Elizabeth Tipton Bailey. A graduate of Ottumwa High School, Daryl retired from Sara Lee Meat Processing in St. Joseph. He enjoyed motorcycling to Sturgis every year, target shooting and the lake life. Surviving are his brothers, Max Bailey of Ottumwa, Dave (Julie) Bailey of Omaha, NE and Gary (Darlis) Bailey of Borrego Springs, CA; nieces, nephews and all of his friends at Lake Viking who became family. He was preceded in death by his parents; a sister-in-law, Margaret Bailey and a nephew, Jeff Bailey. His body has been cremated and a time to celebrate his life will be at a later date at Reece Funeral Home in Ottumwa, IA. In lieu of flowers, memorials may be made to the Wounded Warrior Project. A Celebration of Life for Daryl will be held at Lake Viking at a later date. No date has been set at this time. Daryl will be remembered by his many friends at Lake Viking. He was known for always being available to lend a helping hand. Patricia Folgate 1940 – 2019 Patricia Folgate, 79, Ridgeway, passed away Dec. 31, 2019, at a Cameron nursing home. She was born July 27, 1940, in Harrison County, the fourth child of Loren DeLain and Mary I. (Hendren) Landes and joined her siblings, Nolan D., Ruth Elaine and Deloris Mae Landes. It was the night a tornado took the front pillars off of the house and the trees down in the yard, but the doctor was able to get to the home in time for her delivery. She attended Fairview Country School for 2½ years, then moved to Bethany school district and graduated from there in the spring of 1958. In September of 1958, Pat became Mrs. Carl Folgate. Carl and Pat lived in St. Joseph for the first year of their marriage. Pat worked as a filing clerk while living there. In January 1960, they were given the opportunity to try their luck at farming so they moved to their current location east of Bethany, the farm where she grew to love as a child. (She had kissed the house “good bye” at the age of five when her family moved to Bethany for a year.) Pat gave birth to their first son, Douglas, on March 30, 1960, and another son, Michael, on Aug. 3, 1962. The family was finally completed when a daughter, Shellie, joined them on March 29, 1970. Pat loved the farm life and was busy with her yard and garden but also helped milk cows and feed calves for 16 years when they had a grade A dairy. Pat received Christ as her Savior at the age of 26, joined the Mt. Moriah Baptist Church and taught Sunday school classes for 35 years. Carl and Pat traveled when
Lake Viking News
13
they could. She saw most of the U.S.A., Hawaii, Alaska, Italy, Switzerland, England, Brazil and made two mission trips with Hope Missions to Haiti. Pat adored being a mother to her three children and was thrilled to welcome her children’s life-mates into the family and each of the four grandchildren when they came, Jason Douglas and Emily Danielle Folgate and Tanner Lee and Dawson Wyatt King. She was preceded in death by her parents and all three siblings, Nolan Landes, Elaine Stanley and Deloris Wells, and other beloved family members and friends. Survivors include her husband, Carl Folgate of the home; daughter, Shellie (Gary) King, Gallatin; sons, Douglas (Leslie) Folgate and Michael (Kelly) Folgate, both of Ridgeway; grandchildren, Jason (Dawn) Folgate, Bethany, Emily (Justin) Foster, Bethany, Tanner King and Dawson King, both of Gallatin; great-grandchildren, Serenity and Brody Throckmorton and Rylee and Henry Folgate, all of Bethany, and other family members and friends. Funeral services were held Jan. 4, 2020, at Roberson Funeral Home, Bethany, burial in Lloyd Cemetery, Mt. Moriah. The family received friends on Jan. 3 at the funeral home. Memorials may be made to Lloyd Cemetery in care of Roberson Funeral Home, P.O. Box 46, Bethany, MO 64424. Online condolences may be left at www.robersonfuneralhome.com.
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Follow-up report on Plattsburg Special Road District On Jan. 14, State Auditor Nicole Galloway released a follow-up report to her audit of the Plattsburg Special Road District, located in Clinton County. After the audit found former district secretary/treasurer Ava Langner misappropriated more than $286,000, federal authorities charged her with stealing. The follow-up review examined progress the district board has made in implementing recommendations from the audit, which gave a rating of “poor.” “A call to our Whistleblower Hotline led to the audit that uncovered a seven-year history of a public official using hundreds of thousands of dollars in taxpayer money to pay personal credit card bills and benefit her private business,” Auditor Galloway said. “While the district board has put into place several of the audit recommendations, I urge them to fully implement all the recommendations in order to safeguard public funds and restore the
trust of citizens.” The 2019 audit found that the improper payments from the district’s account to Langner and her company began shortly after she was appointed in 2011 to handle bookkeeping for the district. The payments grew to more than $50,000 a year and totaled more than $156,000 before she was fired by the district board in October 2018. Over the same period, Langner made more than $125,000 in electronic payments from district funds to pay her personal credit card bills. As recommended by the audit, the board continues to work with law enforcement on criminal prosecution of Langner. The board has also increased its insurance against certain financial crimes. The audit determined that Langner falsified financial statements to hide some of her misappropriations. She also may have created or modified other official records even after she had been fired
from the district and the State Auditor’s Office had served her with a subpoena for the documents. The follow-up review found the board is now working to improve oversight of funds. Those changes include conducting reviews of accounting records and checks before approving disbursements. The board is also working to improve processes related to the receipt of funds. The follow-up review found that of the ten recommendations contained in the audit, the district board has implemented five, partially implemented another two, and is in progress on implementing the other three.
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Lake Viking News
www.LakeVikingMo.com
Almost everything... you need to know about Lake Viking Lake Viking 2020 Boards & Committees Activities Committee Ramona Miller, Mary Hibler (Chairperson), Dustin Hibler, David Hibler, Eric and Jody Odette, Gail Bush, Resa Wiltse, Janet Hillman, Vicky Walton, Janet Yuratovich, Eric Odette (Board Contact) Board of Directors Board of Directors: President, Troy Lesan; 1st Vice President, Susan Zalenski; 2nd Vice President, Mike Booth; Secretary, Mark Leggett; Assistant Secretary, Tony Gronniger; Treasurer, Flint Hibler; Assistant Treasurer, Eric Odette. Viking Valley Association Board of Directors Meetings are held the second Sunday of each month, at 6:30 p.m. in the lower level of the clubhouse. All members in good standing are welcome to attend. Building Committee Flint Hibler (Board Contact), Doug Wiltse, Jim Miller and Tom Johanson. Building Committee Meetings are held the 2nd and 4th Thursday of each month at the Association office. Building permits are required to be approved by the Building Committee prior to the start of any construction as stated in the Covenants, Restrictions, By-Laws, Rules and Regulations of the Viking Valley Association. Campground Committee Mary Hibler (Chairperson), Flint Hibler, Marion Crawford, Mike Wolfe, Charles Sudduth, James Funk, Mike Booth (Board Contact). Community Strategic Planning Tony Gronniger, Missy Leggett, Shawn Hepinstall, Paula Hepinstall, Dennis Schlaiss, Lana Southwick, Kim Spidle, Carolyn Leeper, Don Leeper, Kenny Southwick, Randy Tague, Susan Zalenski (Chair/Board Contact) Dredge Committee Shawn Hepinstall (chairman), Paula Hepinstall, Robert Hayes, Brett Bush, Shad Mort, Mark Leggett (Board Contact) Employee Board Contact Flint Hibler Finance Committee Mike Krehbiel (Chairman), Missy Leggett (co-chair/ secretary), Donna Archibald, Shad Mort, Sally Zerbe, Len Zalenski, Troy Lesan, Flint Hibler, Tom Johanson, Eric Odette (Board Contact) Handbook Committee Donna Archibald (Chair), Mary Miller, Kyle Parkhurst, Kim Spidle, Terri Schlaiss, Tony Gronniger (Board Contact). Infraction Committee Roger Lankford (Chairman), Carl Butcher, Bob Clemens, Jim Gibbany, James Funk, Mark Leggett (Board Contact) Infraction Committee meetings are held on the second Saturday of each month, 9 a.m., Lower Level Clubhouse. Lake Committee Shirley Leakey, Don Leeper, Carolyn Leeper, Bo Steed, Sherry Krehbiel, Mike Krehbiel, Ramona Miller, Tom Johanson, Robert Walton, Troy Lesan (Board Contact) Special Road District Mark Leggett, Ron Spidle, Troy Knight Volunteer Fire Department Rusty Hendricks, Gary King, Tony Gronniger, Dennis Schlaiss, Riley Blades, Luke Threlkeld, Len Zalenski, Mark White, Mark Closterman, Anthony Dirks. Mike Booth (Board Contact). Fire Department meetings are held the 2nd Saturday of each month at 9 a.m. at the firehouse in the association main parking lot. If you have the interest and the time to serve your community, be sure to attend the next meeting.
Public Water Supply Dist. #3
Kyle W. Parkhurst, President, term expires 4/2020 - SubDistrict #3; Troy Lesan, Vice President, term expires 4/2021 - Sub-District #2; Jeffrey Speaker, secretary, term expires 4/2022 - Sub-District #4; Randy Tague term expires 4/2021 - Sub-District #1; Harlan Horst, term expires 4/2020 - SubDistrict #5; Roger Barker, Superintendent; Gary King, Water Operator; Diane Hulett, Clerk. Board meetings are held on the third Tuesday of each month at 4 p.m. at the PWSD No. 3 office. Office Hours: 8 a.m.-4 p.m. Monday thru Friday. All payments for metered water bills are to be made payable to Public Water Supply District No. 3 of Daviess County, Missouri. You may abbreviate as PWSD #3. If you have any questions, contact the PWSD No. 3 office, 116 Waterworks Dr., Gallatin, Mo. 64640 (located at the water plant). Phone 660-663-2771. For the convenience of customers of Public Water Supply District No. 3, a drop box is available at the front door of the office located at the water plant for the payment of water bills. Payments received after 4 p.m. in the drop box will post the following day. For the convenience of Association members, a drop box is available in the front door of the association office for the payment of association bills.
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JANUARY 2020
Gallatin Publishing Company -- Ph: 660.663.2154
Viking Valley Association Office Address: 144 E. Main, Gallatin, MO 64640 Office Hours: April 1 - Labor Day Monday-Friday: 8 a.m.-4 p.m. Saturday: 8 a.m.-12 p.m. Day after Labor Day - March 31 Monday-Friday: 8 a.m.-4 p.m.
Property Owners
Emergency Phone Numbers * DAVIESS COUNTY EMERGENCY ....................911 Ambulance - Fire - Rescue * Fire - Lake Viking Fire Dept...............................911 To Report Fire Only * Lake Viking Safety Patrol.................660-663-2204 * Sheriff, Daviess Co...........................660-663-2031 or 663-2149 * Highway Patrol (Emergencies) ....1-800-525-5555
***************** Important Phone Numbers * Association Office.............................660-663-2131
You are responsible for your guests and their actions. It is your responsibility to educate them on the rules and regulations of Lake Viking. Lake Viking is private property, but all lots are owned by some other individual. Please do not drive or ride ATV vehicles or bicycles on neighboring lots, or walk across lots to fish or use others’ property without first getting the property owner’s permission.
* Maintenance Barn.............................660-663-2777
Fishery Guidelines
* Lake Viking Sales Office, Lot #Z-9...660-663-2134
Bass: Release all bass 12” to 19”. Fishermen can keep one bass per day of 19” or longer. Crappie: Keep all crappie caught, within the state limit, which is 30 per day. Walleye: Fisherman can keep Walleye at least 21” in length, release all catches under 21”.
Mowing Regulations
You are required to have your lot mowed by May 1st, June 1st and September 1st of each year. If you do not keep your lot mowed, or hire a contract mower, the Association will mow it, and bill you $90.00 for each mowing.
The Association does not want to be in the mowing business.
Please self-mow your lot or hire a contract mower to do it for you. All contract mowers are required to submit a customer list to the Association office. If you are not on their initial list, you may be accidentally billed by the Association, so please contact your mower early. The below listed mowers have registered with the Association office and can usually be reached in the evening. There may be other mowers who advertise in the Lake Viking News.
Contract Mowers Can Save You Money
Jason Burns......................................... 660-605-2151 Mike Cline............................................. 816-465-0092 Eric Critten.......................................... 660-663-9122 Randy Gatton....................................... 660-663-9348 Mark Hoig................. 816-716-1896 or 660-663-4244 Ron Huston..............660-663-3234 or 816-390-5161 Jeff Johnson........................................ 660-334-0604 Jim Miller..............................................816-520-3280
Please Keep Control of Your Dogs
Dogs are not allowed off the member’s property and shall be contained by a fenced enclosure or controlled by a leash. Guests’ dogs are included. Violation of this rule may be subject to an Infraction Ticket issued to the property owner.
Building Permit Notice
Building Permits are required, but not limited to the following projects: fences, storage shed, shelters, decks, boat docks, boat houses, room additions, porches and any alteration of the roof line; and any other construction that requires large earth moving equipment, concrete trucks and other equipment that requires multiple axle trailers. Failure to comply with building regulations could result in a minimum fine of $500 and loss of lake privileges. Any construction not in compliance with these regulations could result in forced relocation of the structure.
REMEMBER
SPEED LIMIT ON LAKE VIKING ROADS IS 30 mph
30 MPH
Watch When & Where You Burn!
Anytime you are burning brush, etc., on your lot, make certain you are burning on your lot and not someone else’s property. Unattended burning is prohibited and burning is not allowed when winds are in excess of 15 mph and shall be subject to an Infraction Ticket and fine.
Member Reminders
• Helmets are required to be worn when operating a motorcycle within the Lake Viking Subdivision. • Goose population control is hard to manage... The first step in this process is DO NOT FEED THE GEESE!
* Public Water Supply District #3 of Daviess County (Water Plant).....660-663-2771 Roger Barker - (Emergency after hours)....660-334-0100
* Lake Viking Marine, Inc., Lot #1000.660-663-3722 * Farmers Electric Co-op., Inc. * During business hours............1-800-279-0496 * After Hours...............................1-800-927-5334 * Advanced Disposal Services, Inc.1-800-346-6844 or 1-800-778-7652 * Windstream Telephone Company * Customer Service (Residential).1-800-347-1991 * Repair Service.............................1-800-782-6206
Lake Viking 50th Anniversary Book on lakevikingmo.com Click the large green print announcement on the homepage directly below the picture. Then click Lake Viking 2017 (in green print) and read the book in its entirety.
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Gallatin Publishing Company -- Ph: 660.663.2154
JANUARY 2020
Lake Viking News
Welcome New Members! December 2019 Lot 482 & 1705 . . . . . . Nigel & Twyla Major Lot MH-9 . . . . . . James & Jodeann Norton Lot 1853. . . . . . . Steven & Robin Johnson
Public Water Supply District # 3 of Daviess Co. Open Meeting Jan. 21, 2020 CALL TO ORDER Kyle Parkhurst, President (2020), called the meeting to order at 4 p.m. Members in attendance were Jeffrey Speaker (2022), Harlan Horst (2020), and Mark White (2021). Troy Lesan (2021) was unable to attend. Also in attendance were Roger Barker, water superintendent, and Diane Hulett, clerk. APPROVAL OF MINUTES Jeffrey Speaker moved to approve the minutes of the Dec. 17, 2019, Board of Directors meeting. Harlan Horst seconded. All members were in favor; motion carried. There were no visitors in attendance for public comment. OLD BUSINESS Roger provided an update on the engineering study and expenditures billed to date from Bartlett & West. NEW BUSINESS Financial Report: The financial reports and bills were reviewed and discussed. Harlan Horst moved to approve the December financial reports as submitted and approve the bills. Jeffrey Speaker seconded. All members voted to approve; motion carried. DISCUSSION Superintendent Report: Roger reported that a recent DNR inspection was completed. He also provided information and approximate costs on needed improvements to the plant controls. A motion was made by Jeffrey Speaker and seconded by Harlan Horst to give Roger the authority to spend up to $7,500 at this time toward the improvements. Roger informed the board that he attended the Jan. 12, 2020, Viking Valley Association board meeting where he gave a report and answered questions. Kyle Parkhurst, president, announced the next meeting would be Feb. 18, 2020, at 4 p.m. at the water plant. The meeting was adjourned at 5:30 p.m. Respectfully Submitted, Jeffrey Speaker
www.LakeVikingMo.com
MEFFORD PEST CONTROL •Inside •Outside •Dock •Patio •Boathouse •Yard •Spiders(big or small) •Termites •Fleas •Flies •Silverfish •Ants
877-632-7778 (Toll-Free)
Prices Starting At $22.00 Monthly (after initial spray)
FREE ESTIMATES AND INSPECTIONS FAMILY OWNED SINCE 1974 (LAKE VIKING MEMBERS)
CAMERON 816-632-7778
BETHANY 660-425-3090
MEFFORD PEST CONTROL
Classified Ads For Sale BASE ROCK, BLACK DIRT AND fill dirt. CRP clean-up, brush removal, & have a bucket truck for trimming trees (insured). Huston Trucking & Construction, 660663-3234 or 660-3340997.
Services KELLY B’S Trees, prompt professional pruning,
reasonably priced removals, complicated/ technical removal done regularly. Please call 816-632-7077. SEAMLESS GUTTERING, A-1 Leaf Guard, CHI Overhead Door, LiftMaster-Chamberlain Operator Sales, Installation & Service. Call for free estimate. Serving you since 2006! Miller Construction, Jamesport, MO 660-684-6950
17 PROFESSIONAL SERVICE DIRECTORY JANUARY 2020
Gallatin Publishing Company -- Ph: 660.663.2154
Lake Viking News
www.LakeVikingMo.com
Serving the Lake Viking Area 8
97
1 ce
Sin
CSI OHD
OVERHEAD GARAGE DOORS • SALES & SERVICE PO Box 461 • Trenton, MO 64683
(660) 359-2277
CSI OVERHEAD GARAGE DOORS " SINCE 1978 " North Central Missouri's Largest Overhead Garage Door Co. Jason & Joe Foster
www.csiohd.com
Lake Viking Storage for all your storage needs Units 7'x7' up to 30'x20' Fenced trailer and recreational vehicle storage Open Year-round
Call Larry Tague at 660-663-3722 or 816-868-2835.
The 816-449-2285
Old Cookstove
BAKERY
ty Special e Coffe
BULK FOODS
5 miles EAST of Maysville on Hwy 6 • 816-449-2285
7am - 5pm Tues-Fri • 8:30am to 2pm Saturday
CUSTOM MADE TARPS Boats, Trucks, Grills, Air Conditioners, Wagons, Trampolines, Semi Rollovers, Travel Trailer Skirting. Sand Box Covers, Upholstery, Disc Mowers & More!
24968 St. Hwy 190 Jamesport, MO 4 miles south of Jamesport on Hwy 190
116 South Market, Gallatin, Mo. Phone: 660-663-2522
Roberson Funeral Homes Bethany (660)425-3315 King City (660)535-4321 Eagleville (660)867-3112 Pattonsburg (660)367-2117 Princeton (660)748-3325 Stanberry (660)783-2869 Jamesport (660)684-6999 Lineville, IA. (641)876-5171
or call Toll Free 1-877-425-3315
Visit our website at www.robersonfuneralhome.com
Yetter Pest Control P.O. Box 369, Cameron, MO 64429 Craig Griffin, Owner/Cert. Commercial Applicator
800/530-5944 or 816/632-6766
A Complete Service Company for Your Residential and Commercial Pest Control Needs Specializing in Termite Control
Serving Your Area Since 1972 -Yetter
Is Better!
Kemper Motors
204 S. Walnut St. • Cameron, MO 816-632-6424 www.kempermotorsinc.com
Call 660-663-2154 or email
ads@gpcink.com to inquire.
For All Your Tarp Needs
Come see us for all your construction needs!
If you want to sell your Car, Van, SUV or Truck Call or Stop By...
This Space Reserved ... For YOU!
660•973•4872
Gallatin Lumber Co.
BUYER
BILL GIMSON
N O ON S S PEST MIMCONTROL I GG
TOLL FREE: 877-283-6715
INC.
P.O. BOX 613 • CAMERON, MO. 64429 • PH:816-632-1090 • CELL: 816-649-8202
Technicians: Rob Flinn • Diane Morris
The Way Out
660-367-4407 888-669-5765
Rob’s Cycle
Open: 7:30 - 5:30 Mon - Fri 7:30 - 12:30 Sat AUTO PARTS
www.robscycle.com
Owners: Johnnie & Sally Black
PARTS • SALES • SERVICE Rob & Tricia Bozarth, Sales #1 Polaris Drive Pattonsburg, MO 64670
Protect Assets
for your Family! See me about Long-Term Care Insurance
Dallas Lockridge Insurance LLC Dallas Lockridge, Agent • 660-663-5414
DallasLockridgeInsurance@gmail.com • www.DallasLockridgeInsurance.com
FROST AUTOMOTIVE, INC. frostauto@hotmail.com
660-663-2152 or 660-663-2455 110 West Grand • Gallatin, MO 64640
STORAGE 69 • BOAT • RV •
LLC
• MINI STORAGE •
Keep your Rv and Boats out of the weather!
At Exit 61 on I-35 - Winston, MO
660-605-1460
Co
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Gallatin Publishing Company -- Ph: 660.663.2154
JANUARY 2020
Lake Viking News
Rule Changes February 2018 Dumpsters (Building Regulations) - page 19 of handbook: Dumpsters and/or a portable receptacle capable of containing construction debris will be required for onsite construction, at the property owner’s expense, but is not limited to: New home construction, garages, hangers and home additions. Other projects that may require the use of a dumpster or receptacle will be determined at the time a permit is approved. Both the permit and the job site placard will identify the container requirement. A dumpster or receptacle on new home, garage, hanger or home addition construction is not required until the foundation is completed. Only scrap lumber may be piled outside of the container and burned on the job site in accordance with burning rules and guidelines. Material waste where no permit or dumpster/ receptacle was required may be placed in the appropriate receptacle in the maintenance yard in accordance with refuse disposal restrictions and yard disposal rules. Failure to secure and maintain a debris receptacle will result in a minimum $250.00 fine. (2/2018) Smoking in Clubhouse - page 38 of handbook: Smoking in the Clubhouse is prohibited at any time. (2/2018)
Attention Members
The Viking Valley Fire Department will be meeting the 2nd Saturday of every month @ 9 a.m. at the Fire Station. The Sirens will be tested at this time.
REMINDERS!! 6 Exceed Maximum
Posted Speed Limit: The maximum speed limit for the operation of any vehicle or conveyance upon the roads, ways, streets, and thoroughfares of the subdivision shall be thirty (30) miles per hour except in those areas where additionally restricted speed limits may be posted, whether temporary or permanent.
6 Improper Parking:
The parking of motor vehicles on the traveled portion of any street, road, or way within the subdivision is prohibited except for an emergency which does not allow immediate removal.
Lake Viking 50th Anniversary Book on lakevikingmo.com Click the large green print announcement on the homepage directly below the picture. Then click Lake Viking 2017 (in green print) and read the book in its entirety.
www.LakeVikingMo.com
USE OF DUMPSTERS
The Associa�on provides dumpsters for the Beaches, Campgrounds and some Community Areas, for the purpose of accumulated trash in these areas, not day to day household trash. Please DO NOT dump building materials of ANY kind, such as lumber, sheetrock, shingles, etc. in these dumpsters.
Private Ramp Recommendation The Board of Directors would like to recommend that all private ramps be chained and locked when not in use by property owner.
Rules
for Committees and Their Members The Board of Directors may appoint Special Committees as they feel necessary. All members must be active members current in dues, assessments and other fees. The board of directors will appoint the following standing committees: finance, building, cemetery, infraction, lake, nominating, handbook, strategic, and campground. ~ All committees shall have a minimum of three active members and include at least one board member. ~ No committee or subcommittee may be formed without board approval. ~ All recommendations from committees shall be presented to the board prior to any actions taken by said committees. ~ No action may be taken by any committee member that has not been approved by the chairperson, board contact and the board. ~ New committee members shall be presented to the board for approval.
About your trash service Just a reminder to all members with dwellings or commercial buildings, you must pay for trash service to the trash removal company providing the service. Full time residents will pay for 12 months of trash service and weekend or part-time residents will pay for 6 months of trash service (April 1 thru Sept. 30.) If you need the phone number for our trash service, please contact the association office, Mon.-Fri., 8 a.m.–4 p.m. for more information @ 660-663-2131. Anyone setting trash out prior to pickup day must have trash in a container with a closeable / sealable lid. (This was adopted, by motion, at the Board of Directors meeting on Aug. 10, 2008.)
NOTICE
Runway for Aircraft Only Now that spring is here, not only is there an increase in boat traffic, but also more aircraft using the LV airport. While we do not have a great deal of air traffic, remember that our runway is for aircraft use only. For your protection, and that of others, please keep all vehicles and pedestrians clear of the airport runway at all times.
JUST A REMINDER SPEED CREATING EXCESSIVE WAKE: Trolling speed will be used when approaching within seventy-five (75) feet of boat docks, marina, and coves marked with Association buoys, or other areas marked with permanent or temporary Association buoys.
Animal Rules & Regulations Allowing dogs to roam/animal bite: Dogs are not allowed off the member’s property and shall be contained by a fenced enclosure or controlled by a leash. Guests’ dogs are included. Any animal whether leashed or unleashed that attacks or bites a person, and after review of the circumstances, is deemed to be a vicious animal and must be removed from the lake. The owner of the animal is subject to a minimum $500.00 infraction ticket.
Cemetery Decorum
Flower bouquets are permitted any time of the year. For the spring and summer seasons beginning March 1st and extending to December 1st of each year, no wreaths or sprays, or other decorative materials shall be used on any lot, except such decorative materials as can be contained in vases mounted to the marker base. Exceptions will be made for a period of one week following an interment service, Easter Sunday, Mother's Day, Father's Day, Independence Day, Memorial Day and Veterans Day. Wreaths, flowers, and other materials left on graves, which have withered or become unsightly, will be removed by the cemetery without notice. Wreaths and other decorative materials must be removed from shipping boxes and containers before placing said materials on any grave.
ATTENTION CAMPERS Just a reminder, camp spaces are NOT transferrable with the sale of your lot or camper . The campground agreement that each of you have signed states: Section Eight: Privilege Not Assignable Licensee’s privileges under this Agreement shall not be assignable by Licensee in whole or in part .
Attention Dock Owners!! Boat dock wiring must be protected by a ground fault interrupter (GFI). If your dock wiring is not GFI protected an electric accident can occur. You can purchase a GFI electrical tester at any hardware store to see if you are already protected or contact a qualified electrician to install a GFI to protect your dock.
2019 HANDBOOKS AVAILABLE AT THE OFFICE
Publishing MoreGallatin of what you’re looking for online: www.
Company -- Ph: 660.663.2154 ShoMeMore • REAL ESTATE • AUCTIONS
.com
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There have been at least two cases from
Daviess County go before the Supreme Court of Missouri — the highest court in the state — which involved murder convictions. One went well for the defendant. The case of the State of Missouri verse Larkin Packwood on an indictment for murder in Harrison Township came up before the state’s Supreme Court in 1858. Packwood was accused of murdering John T. Dougherty. The trial took place in Caldwell County in April, 1857, by a change of venue. Packwood was found guilty. But the Supreme Court overturned the lower court’s decision and held, “that the testimony adduced did not warrant the verdict of guilty of murder in the first degree.” John A. Bozarth was not so fortunate in his bid for a new trial.
JANUARY 2020
Oct. 9, 2019
shotgun off him and he was laying for him to catch him in there.” He said the shotgun belonged to Warford’s son. The record also shows that Bozarth had borrowed the hammer used in the beating from a Mr. Shipers, who worked for the MFA, and that he had borrowed it on Friday before the killing on Wednesday. Bozarth told Robert Smith (defendant’s witness) that Cain had been around, and he wouldn’t say that Cain stole the shotgun, but “he wasn’t above stealing it” and that he (Bozarth) would have to pay $125 to Lyle Warford. On the date in question, August 12, 1959, one Walker took Bozarth to Lambert’s Liquor Store about dark. Lambert testified that he sold Bozarth a pint of wine from his liquor store. He said Bozarth arrived at the store about nine o’clock and stayed at the store until closing time, about 10 p.m.
The murder of Millard Cain: One of only 2 local trials ever to go to the Supreme Court Taken from Justia, Missouri Case Law, Supreme Court of Missouri Decisions, 1962, State v. Bozarth Bozarth was charged with murder in the first degree on Oct. 23, 1959. Again, the case received a change of venue to Caldwell County. On June 29, 1961, the jury returned a verdict finding Bozarth guilty of manslaughter, but was unable to agree on the punishment. The court assessed his punishment at 10 years. He was committed to the Department of Corrections at Jefferson City. Bozarth appealed. He wanted a new trial. He offered a motion for judgment of acquittal at the close of all the evidence. Bozarth was charged with the murder of Millard F. Cain on Aug. 12, 1959, in Daviess County. It was the State’s theory that defendant suspected Cain of having stolen a shotgun from him; that he induced Cain to visit his cabin for a drink of wine and there beat him with a hammer. The injuries sustained, however, did not result in death until August 16, 1959. The State waived the death penalty.
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n Aug. 12, 1959, John Bozarth was living in a cabin on the west side of Highway 69 at the east edge of Pattonsburg. He had rented the cabin about Aug. 1 of that year. The cabin in question was one of a group of four or five small cabins known as the Elms Cabins. These cabins, apparently in bad repair, had been rented in connection with a service station, which was no longer in operation. Bozarth’s cabin consisted of two rooms, a closet and a “cubbyhole” that was formerly built for, or used as, a shower stall. Some evidence showed it to be only about two feet wide. Bozarth, 59, had worked in the past at various types of labor, but was then working for the MFA, hauling cobs. He was in the habit of drinking wine to excess and, after his character was in issue, the State showed that his reputation for turbulence and violence was bad. The deceased, referred to as Millard “Petey” Cain, 69, was a farm laborer and fisherman and drew a small pension. He was referred to as “an alcoholic and wino” and also as “one of the town drunks.” There was evidence that frequently, when drunk, he would go to the Elms cabins and “sleep it off.” On the issue of motive, the State’s evidence showed that Bozarth stated he had caught “Petey” Cain pilfering around in his cabin a week or so prior to the date in question; that Cain “had stole a
At that time defendant was not intoxicated and appeared to be in a normal condition. He did not open the wine while at Lambert’s place. The store is located on Highway 69, a quarter of a mile north of Pattonsburg. Bozarth left on foot.
W
oodrow Morris, the operator of a service station on Highway 69 about one block north of the Elms Cabins, saw the defendant and Cain together at about five minutes past ten on the night of Wednesday, Aug. 12, 1959. They were going south on foot. The only conversation they had was when Bozarth asked Cain if he had had a drink and Cain said, “No. I’ve quit. Clear quit.” The city park takes up nearly all of the block, except what is occupied by these old cabins and an old filling station. Mr. Woodring, who was mowing in the city park, saw Mr. Cain about 9:30 p.m. coming from a westerly direction, going east, and waved at him. He appeared normal. Cain’s son also testified that, on the evening of August 12, 1959, Cain left the son’s residence about 10 p. m. It was then dark. His father had been drinking but was not drunk, only about half intoxicated. Bozarth’s cabin was about one block from the home of Cain’s son. When Cain left, he went down the alley and through the park in the direction of the Elms Cabins. At approximately 10:15 to 10:30 on the night of Aug. 12, 1959, Bozarth went to the home of Sam Graham and requested that he call an undertaker as there was a dead man in his cabin. Mr. Graham called Dr. Baumgardner, Coroner of Daviess County. Dr. Baumgardner proceeded to the Elms cabin where he found Bozarth who showed him where Millard “Petey” Cain was lying. Cain was unconscious, but alive. Dr. Baumgardner then left Cain and Bozarth, and went and called the marshal and an undertaker. They all arrived back at the cabin at approximately the same time, and Cain was removed to the Noll Memorial Hospital at Bethany by ambulance. Bozarth was left alone in the cabin.
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ain was found lying on his back, with his head in the northwest corner of the shower stall and his legs and feet extending out into the closet. There was nothing in his hands. It was most difficult to remove the body from the shower stall or “cubbyhole” due to the smallness of the space and the cramped position of the
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body. Cain’s head was very bloody, his injuries were very recent, and there was much blood on the floor and walls of the room that “takes you into the little closet.” Subsequently the sheriff was called and went to the cabin and found Bozarth, who picked up the hammer and said, “This is the hammer.” It was a claw hammer. That the same night the marshal, the sheriff and the prosecuting attorney returned to the scene and found Bozarth alone. At that time there was a box of dynamite in the corner from which Cain’s body had been taken. An examination of the box revealed no blood on it except for a spot on the bottom. Bozarth said it had been in the corner all of the time; however, witnesses had not seen the dynamite in the shower stall at any time until their return after Cain had been removed.
A
t the time Bozarth requested Mr. Graham to call the undertaker Bozarth was staggering and Mr. Graham smelled alcohol and thought Bozarth was drunk, but he talked intelligently. Ladd, the marshal, testified that Bozarth had been drinking, while Sheriff Houghton stated that defendant was nervous and had been drinking, but he would not say he was drunk. When Bozarth asked Mr. Graham to call an undertaker he told Graham he found Millard “Petey” Cain in his house and he had “popped him.” He told Dr. Baumgardner he had caught Cain in the cabin and “worked him over with a hammer.” He told the city marshal, Ladd, that he caught “Petey” Cain pilfering around and knocked him in the head with his hammer. Bozarth also told Ladd that “he had the hammer to beat up Pete Cain if he caught him in his home there.” He told the sheriff he had caught Cain in his cabin and “clobbered him.” Later he told the sheriff “I went home, unlocked the cabin and heard a noise back in the back there. That hammer was laying on the table in the front room, I got it and went back in there and caught Petey Cain down on his knees over that box of dynamite” and “I clobbered him with it.” After he was arrested the sheriff took him to Gallatin to jail. When Bozarth learned that Cain had died he stated to the sheriff that Cain did not have a weapon and that he did not hit Cain in self defense. Cain died about 4 p. m. on August 16, 1959, and it was the doctor’s opinion that Cain died of intercranial hemorrhage, which occurred secondary to skull fracture and a penetrating wound of the skull.
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ozarth’s version of the occurrence was that, when he walked into his cabin at approximately 10 p. m. on the night of Aug. 12, 1959, he heard a noise back in the closet and he picked up the hammer from off the table. At that time a man pushed him and hit him in the chest. Bozarth staggered back against the doorway and then hit the other person twice with the flat head of the hammer. The other fellow then said: “I’ll fix you.” Bozarth recognized the voice of the person, who had pushed and hit him, as that of Millard “Petey” Cain. Bozarth further testified: “I kept pushing with one hand and I take the second lick and he staggered back in the corner. I turned the light on and I seen he was knocked out.” Bozarth struck Cain the second blow while both of them were in the clothes closet. He “did not hit Cain [while] in the cubbyhole.” The defendant further stated that he had a box of dynamite in the closet and that Cain was lying with one shoulder on this box of dynamite. He had never drunk wine with Millard Cain, nor associated with him. He was afraid of Cain because of Cain’s bad reputation as a violent and turbulent man. Defendant had borrowed the hammer to put up kitchen shelves.
T
he Supreme Court stated, that in viewing the evidence in a light favorable to the State, it is clear that the court did not err in overruling defendant’s motion for a judgment of acquittal as tendered at the close of all the evidence. The judgment was affirmed. All concurred.
Reprinted from the October 9, 2019, issue of the Gallatin North Missourian
20
JANUARY 2020
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