Commission Minutes Unofficial

JANUARY 24, 2005 THE 8th DAY OF
THE JANUARY ADJOURN TERM

Taney County Commission met in the Associate Circuit II Courtroom at 9:00 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 Rick Findley; followed by the Pledge of Allegiance.

ROSS SUMMERS
TOURISM TAX BOARD APPOINTEES

Ross Summers, President and CEO of the Branson Lakes Area Chamber of Commerce,
addressed the Commission concerning tax board appointees. Summers stated that he was
in support of the Commission appointing a member to the Tourism Tax Board. Summers
said that the board had become very active recently by establishing their by-laws and
working on new legislation in regards to tax boards, adding that they were much more
active than they had been in the past. Summers further stated that the board consisted of
five members and that the Taney County representative was the only vacancy on the
board. Commissioner Pennel asked why the Chamber had chosen to give up their two
seats. Summers explained that of the five-person board two appointments were originally
given to the Chamber according to the original statute. Summers further stated one of the
problems encountered in the election three years earlier was that the community seemed
to feel that the Chamber had too much of a hand in crafting the ballot language and too
much say in how the money would be administered should the issue pass. Summers said
that the Chamber had chosen to give up their two positions, adding that one position was
given to the City of Branson Aldermen and one position to the Taney County
Commission. Pennel stated that he had opposed the tax in the past. Pennel further stated
that it appeared that the Chamber was trying to distance itself from the TTB, adding that
he felt that the County Commission was only being used as a tool to do that. Pennel
commented that he thought this appointment by the Commission was for face value only,
based on the Chamber recommending specific individuals to the Commission to be
appointed as their representative. A general discussion ensued. Commissioner
Herschend stated that he felt that there was not a current TTB member to represent the
County Commission’s interests. Herschend further stated that he felt that it was urgent
that a decision be made; adding that he felt the purpose of the TTB was to generate
market awareness. Herschend stated that the longer that the Commission and the TTB
waited, the more competition there could be for those tax dollars.

JOHN SOUTEE
DAILY OPERATIONS SUPERVISOR

John Soutee, Taney County Regional Sewer District Administrator, addressed the
Commission concerning the need for a Daily Operations Supervisor in the Sewer District.
Soutee stated that discussion had been ongoing for approximately two months involving
Ron Daniels, Western Commissioner Herschend, Presiding Commissioner Pennel, and at
that time Eastern Commissioner Swan. Soutee presented the Commission with
documentation outlining the new employee’s responsibilities and how he proposed to
fund the salary required for the position. Soutee stated that he had met with current
Sewer District employee, Mike Cole, regarding the possibility of the new position and
that Cole had agreed to accept the position if the Commission created it. Soutee
requested that the position have a starting a salary of $32,000 due to responsibility
required for the position. In addition, Soutee requested that the employee be provided
with a county vehicle which he would take home due to the fact that he would be on call
and it might be necessary for him to respond to sewer related emergencies. Soutee stated
that in the event that a sewer main breaks, minutes equaled dollars in Department of
Natural Resources fines. Commissioner Pennel asked if there were any sewer systems
between Cole’s home and the Taney County Courthouse. Soutee responded that there
were not, but he felt it was advantageous to supply the vehicle in an effort to save time
and the potential cost of additional fines from the DNR. Commissioner Herschend stated
that due to the amount of the last fine incurred by Taney County he was in support of the
vehicle. A general discussion ensued. Ron Daniels, Taney County Sewer Board
Member, stated that he felt that the salary was a fair amount and that his position of the
take-home vehicle was looked at from a utility point only, adding that 10 to 15 minutes
could make a tremendous difference in a sewer related emergency. More discussion
ensued concerning funding of the Daily Operations Supervisor’s salary and the location
of Sewer District projects within Taney County. Larry VanGilder, Taney County Sewer
Board Member, stated that he was in support of supplying the Supervisor with a vehicle
due to the nature of the position and given that the individual would be on call 24
hours/day, 7 days/week. VanGilder stated that in a position like this he considered it to
be a part of the benefits package offered to the employee. More discussion ensued.
Commissioner Herschend moved to approve the addition of the position of Daily
Operations Supervisor for the Taney County Regional Sewer District with an annual
salary of $30,000, adding that a take-home vehicle would not be supplied to the
Supervisor. Commissioner Strahan seconded the motion. The motion passed by vote:
Pennel (yes), Herschend (yes), Strahan (yes).

EXECUTIVE SESSION

Commissioner Herschend moved to go into Executive Session for contract negotiations
pursuant to RSMo. 610.021.11 Commissioner Pennel seconded the motion. The motion
passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

It should be noted that no motions were made and no votes were taken.

CHUCK PENNEL
TANEY COUNTY PARK BOARD

Commissioner Pennel stated that Bob Paulson, Counselor, had concluded that it was legal
for the Commission to establish a County Park Board. Pennel further stated that he was
encouraging the Commission to move forward with the appointment of the Park Board.
Commissioner Strahan said that he felt it was too early to move forward appointing
members to the park board. Strahan added that some communities were not represented
yet. Commissioner Herschend stated that he would like to see the County Commission
create a document that would identify what the board’s responsibilities would be prior to
moving forward with the establishment of the board. In addition, Herschend added that
the document should describe the financial parameters of the park board. Strahan added
that news coverage concerning the establishment of the park board might peak
community interest bringing forth more individuals interested in serving as board
members. A general discussion ensued. Herschend commented that the Commission
was in support of the concept of the park board, but more discussion needed to occur
prior to the establishment of the board.

DANNY STRAHAN
ROAD PETITION – SPRING MEADOWS LANE

Commissioner Strahan addressed the Commission concerning a petition to accept Spring
Meadows Lane as a county maintained road. Strahan stated that he looked at Spring
Meadows Lane from a safety standpoint and had some disagreement with individuals
concerning his position on the matter. Strahan then moved to accept 600 feet and 8
homes located on Spring Meadows Lane with a cul-de-sac for the bus to turn around.
Commissioner Herschend asked how the road should be classified and to what extent
would the road be finished. Strahan stated that his motion was to accept the road as
recommended by Dan Ratermann, County Engineer. Commissioner Pennel then read the
following recommendation submitted by Ratermann “Road is unfinished, needs a little
more aggregate, and the last part paved with curbing completed. I would recommend
taking in the road from North Fork to the last house on the street #385 as a Class 6 until it
can be improved the upgrade to a Class 2. Also, I would recommend taking in the sub-
street off of Spring Meadow, which is close to the end of the road and would serve as a
turn-around. It would not be approved unless warranted. It is my understanding that
developer went under and the residents are left with an unfinished street.” Strahan stated
that his motion included the recommendation of Ratermann, which Pennel had read.
Commissioner Pennel seconded the motion for discussion. A general discussion ensued.
Pennel stated that the Engineer was recommending that 650 feet be taken in. Strahan
stated that his motion should include all recommendations of Ratermann. Commissioner
Herschend said that he thought it would wise to add a deadline for completion of
improvements be added to the motion, because the road would be accepted due to safety
concerns. More discussion ensued. Strahan amended his previous motion to accept the
road as recommended by Ratermann, adding that safety improvements should be
completed within 30days. Strahan explained that the safety issues to be addressed were
the creation of a turn-around and filling in the hole(s). Pennel amended his previous
second. Pennel entered the following description from the road petition into the record:
“Spring Meadows Parkway, a dedicated public road 50 feet as per the plat recorded in
plat book slide F, page 607 of Spring Meadows North located in the SW ¼ of the NE ¼
of Section 34, T-23N, R-21W, Taney County Missouri”. Taney County Citizen, Dick
Clark, said that he did not agree that the road should be accepted due to safety issues.
Clark stated that he felt that the tragic accident that occurred in the subdivision would not
have been prevented by the existence of a turn-around. The motion passed by vote:
Pennel (yes), Strahan (yes), Herschend (no).

DICK CLARK
SPRING MEADOWS PARKWAY

Taney County resident, Dick Clark, requested a copy of the signed petition to accept
Spring Meadows Parkway. Commissioner Pennel responded that he could get a copy at
the Commission office. A general discussion ensued.

PRIOR MINUTES

Minutes for January 18th and January 19th were submitted to the Commission for
approval. Commissioner Herschend stated that he was not prepared to approve the
minutes due to the fact that he had not read them prior to the meeting. Donna Neeley,
County Clerk, stated that her office was behind on printing minutes, adding that this
delayed the public’s access to the “Official” Commission Minutes. Neeley explained that
she could provide the public with “Unofficial” minutes within 72 hours. Commissioner
Herschend responded that he needed to review the minutes prior to Monday morning in
order to be prepared to approve them at the Commission Meeting. Commissioner Pennel
stated that he had been given a list the previous week showing that there were still
minutes that had not been approved since July 2004 and requested that the Commission
be reminded about tabled minutes by the Clerk’s Office so as to not be waiting so long
for approval. Herschend added that, in the past, he had been presented with minutes that
he believed had already been approved by the Commission. Commissioner Strahan
requested that the minutes be sent to the Commission by Thursday in order to have time
to review them prior to the Monday Commission meeting. A general discussion ensued.

DONNA NEELEY
BOE PROCESS

Donna Neeley, County Clerk, asked if the Commission had made a decision regarding
the Board of Equalization process. Bob Paulson, Counselor, stated that the Commission
had asked him to review the statutes and that he had not reviewed the matter since their
discussion on Friday, January 21st.

CHUCK PENNEL
BALLOT ISSUE FOR THE GENERAL MUNICIPAL ELECTION

Commissioner Pennel asked Donna Neeley, County Clerk, what the deadline to certify an
issue for the General Municipal Election was. Neeley stated that the statutory deadline
was 5:00 p.m. on Tuesday, January 25, 2005. Neeley further stated that the Commission
could get a court order to place an issue on the ballot up to six weeks prior to the election.
Neeley added that the Commission could also remove an issue from the ballot in the
same manner with the six weeks prior to the election deadline applying also. In addition,
Neeley explained that the Commission could incur additional charges pertaining to re-
printing ballots if the Commission chose to place an issue on the ballot pursuant to court
order. Commissioner Pennel asked Neeley to estimate the cost of a countywide election.
Neeley stated that the election would cost approximately $38,000. Commissioner
Herschend stated that he thought that the minimum cost incurred by the Commission for
the General Municipal Election would be at least $10,000. A general discussion ensued.

SHEILA WYATT
BILLBOARD REDEMPTION

Sheila Wyatt, Collector, addressed the Commission concerning a billboard that was sold
at the Taney County tax sale. Wyatt explained that it was an over the counter, 3rd year tax
sale and that the billboard was not there at the time that it was sold. Wyatt further stated
that it was her policy to provide James Strahan, Assessor, with a list of billboards prior to
the tax sale so that he could verify that they were still in existence. Wyatt said that
Strahan would need to abate the back taxes, which would make them refund abatements.
Wyatt further stated that Strahan was waiting for a response from Randy Turley, State
Tax Commission, concerning the matter. Wyatt said that the Commission would be
responsible for $79.49 if the redemption was completed prior to February 1st. Wyatt
added that if Strahan refused to abate the taxes, the Commission would then have to pay
the entire amount out of the GCR fund, which would be $798.90. Wyatt explained that a
3rd year tax sale had a 90 day right of redemption which meant that the redemption
needed to occur prior to February 4th. Wyatt stressed that it was important that the issue
be addressed this week. Commissioner Herschend stated that all Commissioners would
be available on Wednesday, January 26th to act on the matter.

HELEN HAVENER
JUDICIAL FACILITY

Taney County resident, Helen Havener, addressed the Commission concerning the
proposed downtown location for the judicial facility. Havener stated that she lived at 122
Felkins Street in Forsyth and was concerned that the judicial facility would be built right
next door to her house. Commissioner Pennel stated that the proposed plan started where
the County Clerk and Recorder were currently located and extended through the parking
lot, Masonic Lodge, 2 small vacant lots, and 2 houses. Havener stated that her home was
the 3rd house on that side of the street. Pennel explained that the plan was to stop at Dan
Grant’s house and not go any further, adding that the construction might stop before that
point. A general discussion ensued.

ACCOUNTS ALLOWED

Commissioner Herschend moved to approve Accounts Payable checks #87355 through
#87414 and manual warrants #4322 through #4323. Commissioner Pennel seconded the
motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

EXECUTIVE SESSION
Commissioner Herschend moved to go into Executive Session pursuant to RSMo.
610.021(3) for personnel issues. Commissioner Pennel seconded the motion. The
motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

Commissioner Herschend moved to approve paying $1,200 to the individual who fell on
County property. Commissioner Pennel seconded the motion. The motion passed by
vote: Herschend (yes), Pennel (yes), Strahan (yes).

Commissioner Herschend moved to go out of Executive Session. Commissioner Pennel
seconded the motion. The motion passed by vote: Pennel (yes), Herschend (yes),
Strahan (yes).

RECONVENE

Taney County Commission met in the Taney County Commission Office at 2:25 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.

COUNTRY CLUB HEIGHTS

Commissioner Herschend made a motion to authorize condemnation on the Keys
property and further authorize Danny Strahan to approach Finnis Keys one more time
with the knowledge that the County is going to move forward if needed. Commissioner
Pennel seconded the motion. The motion passed by vote: Pennel (yes), Herschend (yes),
Strahan (abstain).

RECESS

Ordered that the Commission adjourn.

Minutes taken by: Tressa Luttrell and Chalet Harding