2005_01_18_Commission_Minutes_Unofficial.pdf transcript
JANUARY 18, 2005 THE 6th DAY OF
THE JANUARY ADJOURN TERM
The Taney County Commission met in the Associate Circuit Court Room II at 9:05 a.m.
pursuant to adjourn with Presiding Commissioner Pennel, Eastern Commissioner
Strahan, and Western Commissioner Herschend present. The following proceedings
were had and made a matter of record.
Prayer was led by Helen Soutee; followed by the Pledge of Allegiance.
ROAD PETITION – CEDAR MEADOWS LANE
Commissioner Pennel stated that this would be the first time that the Commission had
addressed the petition to accept Cedar Meadows Lane as a county maintained road.
Tressa Luttrell, Administrator, informed the Commission that the petition was not legal
until the signatures had been verified. Commissioner Pennel questioned whether the
Commission could approve the petition contingent that the County Clerk verifies that the
minimum requirement of registered voters signing the petition was met. Ken Barth asked
if he had to go through the same process each time that he requested a road be accepted
as a county maintained road. Luttrell stated that he could submit one petition for all
remaining roads. Commissioner Herschend discussed standards that roads must meet
prior to approval to be accepted as a county road. Donna Neeley, County Clerk, stated
that she would have her staff confirm the registration status of the individuals that had
signed the petition if the Commission would like to table the petition until the end of the
Commission meeting. A general discussion ensued.
HELEN SOUTEE
YEAR–END SETTLEMENT REPORT
Helen Soutee, Treasurer, presented the Commission with the Final Settlement and
Investment Report for Taney County as required by Missouri Revised Statute 54.150.
Soutee explained the statement to the Commission. Commissioner Herschend stated that
the amount of $43 million could be deceiving to the public and asked Soutee if she
thought that the County was “sitting on” too much money. Soutee stated that she would
be uncomfortable if the amount were less than $43 million due to the many commitments
for which the Commission had earmarked funds. Some of the projects discussed were:
Road and Bridge projects, the new judicial building, and the Bee Creek Sewer Project.
Soutee also explained that the last page of the report reflected investments that would be
maturing, stating that the Commission might use the information to earmark funds for
current and/or future projects.
DICK CLARK
SPRING MEADOWS PARKWAY
Taney County resident, Dick Clark, addressed the Commission concerning a petition to
accept a portion of Spring Meadows Parkway as a county maintained road. Clark stated
that he agreed that the lower portion of Spring Meadows Parkway was one of the worst
roads that he had seen in Taney County, but he felt that the taxpayers of Taney County
were not responsible for a road located within a subdivision. Clark further stated that he
did not believe that the road, in and of itself, was dangerous. Clark recommended that
changes be made to requirements for Planning and Zoning to approve future
developments in an effort to eliminate the problem, adding that building codes and
permits might be useful as well. Commissioner Strahan stated that he felt that the road
was a safety issue in regards to an area for the school bus to turn around on the road in an
effort to evade another tragic accident occurring in the subdivision. Strahan further stated
that he had performed a random canvass of the residents of the subdivision to ascertain
whether there was a Homeowner’s Association that could address the issue finding that a
viable association did not exist. Commissioner Herschend stated that his feeling echoed
those of Clark, in that he was concerned about setting a precedent by accepting roads
located within a subdivision adding that it could potentially tax the County’s resources.
DICK CLARK
JUDICIAL PROJECT
Dick Clark addressed the Commission regarding his concerns about the future judicial
facility. Although Clark agreed that public opinion seemed to indicate that the facility
should be located in the downtown Forsyth area, he felt like the residents, businesses, and
school district affected should be asked to pay a portion of the cost of building at that
location. Clark stated that precedence had been established in Farmington, Missouri (St.
Frances County) where residents elected to pay $1,800,000.00 in order to have the
Commission build their administrative facility at a location that the residents preferred.
DANNY STRAHAN
CASTLE ROCK ROAD
Tressa Luttrell, Administrator, stated that there were two different petitions. Luttrell
explained that one of the petitions was for Castle Rock Road and the other was for the
remainder of Castle Rock Road. Luttrell added that it appears that what was petitioned
was not what was accepted. Commissioner Strahan stated that the Engineer had
approved the petition on April 21, 2003. Luttrell stated that she thought that the problem
with the petition was with the legal description.
Commissioner Herschend stated that the Commission had approved a portion of the road.
A general discussion ensued. Commissioner Herschend moved accepting the road
completely to the end of Castle Rock Road. Commissioner Strahan seconded the motion.
A general discussion ensued. Commissioner Herschend amended his previous motion to
include that the Commission would accept the balance of the road as described in the
second petition and shown on the large scale map, while disregarding the design
submitted by E.T. Archer Engineering. Commissioner Strahan amended his previous
second. Commissioner Pennel clarified for the public that the road would be accepted
inclusive of the cul-de-sac located on said road. The motion passed by vote: Pennel
(yes), Herschend (yes), Strahan (yes).
SHEILA WYATT
PROPERTY REDEMPTION – SHEPHERD OF THE HILLS HISTORICAL
SOCIETY
Sheila Wyatt, Collector, addressed the Commission concerning a piece of property that
had sold at the 2004 Tax Sale. Wyatt stated that the records from the Assessor’s Office
had the property in the wrong name, explaining that the landowner was changed from
Shepherd of the Hills Historical Society to Robert Moss in 1998 and that due to this error
all subsequent tax notices had been sent to Moss. Wyatt informed the Commission that
the Assessor realized error in 2004 and a redemption notice was sent to the Shepherd of
the Hills Historical Society, adding that while the Society was willing to pay the taxes
they did not feel that they should pay the additional charges. Wyatt further stated that
should the Commission decide not to charge the Society for the additional penalties and
interest, the County’s portion of the bill would be $1067.01 and the Society would pay
the taxes. Wyatt stated that the Assessor agreed that the Society should not be required to
pay the penalties and interest. Wyatt added that there was a surplus bid that should be
paid to the County in the amount of $1,148.54. Commissioner Herschend asked what
line item the payment would be generated from. Wyatt explained that she had an
abatement refund account, but that the amount was only in the amount of $200-$500
requesting that funds be transferred into that line item should be increased to reflect that
amount. Commissioner Herschend moved to approve the recommendation as presented
by Wyatt, stating that the County would be responsible for the penalties, interest, and
other charges in the amount of $1,067.01 with the Shepherd of the Hills Historical
Society paying the taxes owed in the amount of $2,622.73. Wyatt requested that her
budget be amended to reflect the payment. Commissioner Strahan seconded the motion.
Wyatt requested that motion be amended to direct the Treasurer to forward the surplus
amount to the Collector, which she would add to the amount the Commission was paying
and send a certificate of redemption to the purchaser. Commissioner Herschend amended
his previous motion to reflect Wyatt’s request. Commissioner Strahan amended his
previous second. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan
(yes).
SHEILA WYATT
TRANSFER OF FUNDS
Sheila Wyatt, Collector, stated that as a matter of record she was requesting that the
Treasurer transfer funds in the amount of $100,000 from the Collector’s Tax
Maintenance Fund to the General County Revenue Fund. Wyatt explained that this was
pursuant to RSMo. 52.317 adding that the amount to be transferred was more than was
required by said statute.
CHUCK PENNEL
TANEY COUNTY PARK BOARD
Commissioner Pennel stated that he and Commissioner Strahan had attended a meeting
pertaining to funding for Parks & Recreation in Taney County. Pennel explored the idea
of establishing a Taney County Park Board to oversee funding for projects pertaining to
Parks & Recreation. Pennel stated that he was excited by the willingness of the
representatives present at the meeting to cooperate with one another in an effort to
improve these areas in Taney County. Commissioner Strahan stated that the group was
interested in the establishment of a Taney County Park Board. Commissioner Pennel
requested that Bob Paulson, Counselor, research setting up a county park board and
report his findings to the Commission. Commissioner Pennel stated that $10,000 there
was budgeted for parks and recreation in 2003; $25,000 in 2004; and $20,000 in 2005.
Pennel added that only $1,000 was used out of the 2004 budget for projects benefiting
Parks & Recreation. A general discussion ensued. Taney County resident, Art Beck,
stated that the communities could solicit involvement that could lower the cost of the
projects by recruiting individuals working in specific trades to donate time and/or
resources available to them. Beck added that the parks could rent the shelters for special
events to help pay for the cost of building the shelters.
DONNA NEELEY
INTERGOVERNMENTAL DATA SHARING AGREEMENT
Donna Neeley, County Clerk, stated that she was presenting the Commission with the
2005 renewal of an intergovernmental data sharing agreement pertaining to digital
geographic data. Neeley said that the agreement was with the City of Branson. Neeley
added that Bob Paulson, Counselor, had drafted the original document in 2004.
Commissioner Strahan moved to renew the agreement. Commissioner Herschend
seconded the motion. The motion passed by vote: Pennel (yes), Herschend (yes),
Strahan (yes).
DONNA NEELEY
ASSESSOR’S REPORT TO THE STATE
Donna Neeley, County Clerk, stated that she needed Commissioner Pennel to sign the
Assessor’s reports to the state.
ROAD PETITION - CEDAR MEADOWS LANE
Tressa Luttrell, Administrator, stated that the County Clerk’s office had confirmed
enough signatures on the petition to accept Cedar Meadows Lane as a county maintained
road. Donna Neeley, County Clerk, added that there were 19 signatures from qualified
registered voters listed on the petition. Commissioner Strahan moved to accept Cedar
Meadows Lane as petitioned. Commissioner Pennel seconded the motion asking if the
petition had been read. Tressa Luttrell, Administrator, stated that it had not. Discussion
ensued. Commissioner Pennel requested that the motion be changed to include the
following: As per County Engineer, Dan Ratermann, the accepted portion of the road
had a length of .52, would be classified as a Class 4 road, and that the accepted portion of
the road would extend to the existing cul-de-sac. Commissioner Strahan amended his
motion as requested. Commissioner Pennel amended his second. The motion passed by
vote: Pennel (yes), Herschend (yes), Strahan (yes).
RICK FINDLEY
2005 BUDGET REPORT
Rick Findley, Auditor, stated that the approved budget would be available for the public
to review in his office. Findley added that if individuals would like to have copies of the
budget they would have to pay for the cost of printing the copies. Findley also stated that
he hoped the budget would be approved on Monday, January 24th.
ACCOUNTS ALLOWED
Commissioner Herschend moved to approve Accounts Payable warrants #87247 through
#87354 contingent with purchase orders addressing some of the payments. Tressa
Luttrell, Administrator, explained that the statutes allow for expenditures being paid for
out of 2005 funding, even though the Budget has not been approved, as long as the funds
were appropriated in the previous budget. Commissioner Strahan seconded the motion.
The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).
PRIOR MINUTES
The Commission were presented with the following minutes to approve: July 21st,
August 19th, August 23rd, October 25th, November 8th, November 15th, November 17th,
November 20th, November 24th, November 29th, November 30th, December 16th, January
3rd, January 10th, January 12th, January 13th and January 14th. Commissioner Herschend
stated that he had not reviewed the minutes and moved to table them until later in the
afternoon. Commissioner Pennel seconded the motion. The motion passed by vote:
Pennel (yes), Herschend (yes), Strahan (yes).
RECESS
Commissioner Pennel made a motion to recess. Commissioner Herschend seconded the
motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).
RECONVENE
The Commission reconvened in the Taney County Commission Office at 12:13 p.m.
pursuant to adjourn with Presiding Commissioner Pennel, Eastern Commissioner
Strahan, and Western Commissioner Herschend present. The following proceedings
were had and made a matter of record.
PLANNING & ZONING COMMISSION
Commissioner Herschend moved to appoint Jim Brawner to the Planning & Zoning
Commission. Brawner will be filling a vacant position as a representative for the Oliver
Township. Commissioner Strahan seconded the motion. The motion passed by vote:
Pennel (yes), Herschend (yes), Strahan (yes).
RECESS
Ordered that the Commission adjourn.
Minutes taken by: Chalet Harding and Marla Pierce
