Commission Minutes Unofficial

FEBRUARY 14, 2005 THE 16th DAY OF
THE JANUARY ADJOURNED TERM

The County Commission met in the Associate Circuit II Courtroom at 9:05 a.m.
pursuant to adjourn with Chuck Pennel, Presiding, Ron Herschend, Western District and
Danny Strahan, Eastern District present. The following proceedings were had and made
a matter of record.

Prayer was led by Chuck Pennel; followed by the pledge.

JOHN LAVENDER
MAINTENANCE

John Lavender, Maintenance Supervisor met with the Commission to discuss a
failing water heater that services the Sheriff’s department among others. After a general
discussion Commissioner Herschend made a motion to approve up to $3,304.00 for the
replacement of the water heater. Commissioner Pennel seconded the motion. The
motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

SHYLA JONES
E. SUSAN STREET

Shyla Jones met with the Commission to again plead that the Commission take
the additional portion of E. Susan Street that runs to her house. Ms. Jones noted that the
Fire Department could not get to her house in case of an emergency with the condition of
the road. Commissioner Pennel disagreed stating that he couldn’t see any reason why the
Fire Department could not travel on that portion of road. Pennel added that the Road
Administrator had looked at the plat and has a good argument for their decision. Pennel
stated that he could not support the additional portion even though it was only 50 feet.

Commissioner Herschend pointed out that the Commission does not have a
responsibility to provide access to boat docks and suggested that the Commission not get
into an in-depth discussion since a decision had already been made. Herschend
commented that if Ms. Jones is holding us to the plat the County might have to have the
road surveyed.

Commissioner Herschend made a motion to table the issue, to respond to Ms.
Jones in writing of the Commission’s final decision and to take another look at the site.
Commissioner Pennel seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (yes).

BIDS – GUARD RAIL

Tressa Luttrell, Administrator informed the County Commission that bids had
been opened and reviewed for the Guard Rail on the Bear Creek Bridge Project. Luttrell
stated that she had discussed the results with the County Road & Bridge Administrator
and our recommendation is to accept Thompson Culvert.

Commissioner Strahan made a motion to approve the bid as submitted by
Thompson Culver. Commissioner Herschend seconded the motion. The motion passed
by vote: Pennel (yes), Herschend (yes), Strahan (yes).

PETITION – HILLTOP RANCHES

Commissioner Strahan brought up a petition for Hilltop Ranches and Hilltop
Ranches 1st addition noting that the original petition was discussed on February 3, 2003
and has been tabled twice since. Strahan noted that the developer has sold 15 out of the
21 lots since the Commission tabled the petition last. Strahan asked if the Commission
was ready to finish this petition.

Commissioner Pennel stated that he was uncomfortable at this time until he and
the Road Administrator could go and take another look. Herschend commented that there
was a real concern with the conditions of the roads.

The Commission agreed to put the issue on the next Monday meeting.

CHUCK PENNEL
BEE CREEK SEWER

Commissioner Pennel brought up the Bee Creek Sewer Project and stated that he
would entertain a motion for the rescinding of the Territorial Agreement with the City of
Branson.

Commissioner Herschend made a motion to rescind the portion of the 2000
Agreement that requires exclusive territory for the City of Branson in regards to the Bee
Creek Basin, the Bull Creek Basin and the Emory Creek Basin. Bob Paulson, Counsel
stated that this motion doesn’t necessarily mean that the contract is rescinded noting that
it has to be rescinded by all parties not just the Commission.

Commissioner Herschend amended his motion to include that the Commission
approach the City of Branson and request the same of the Sewer Board. Commissioner
Pennel seconded the motion.

Commissioner Herschend stated that having reviewed the remaining portions of
the contract that that portion comes at a high cost to the developers and the citizens. The
Commission’s concern is that the citizens not be penalized which could stifle the growth
of Taney County. It is critical that the agreement get rescinded.

Commissioner Pennel again noted that the Commission recognizes that the
remaining portion of the 2000 document can be detrimental to growth in the county by
imposing higher cost to the citizens to connect to the Branson system. Commissioner
Herschend added that there is no benefit that can be determined from this contract.

The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

PRIOR MINUTES

Commissioner Herschend made a motion to approve prior Commission Minutes
dated February 7th & 8th, 2005. Commissioner Pennel seconded the motion. The motion
passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

ACCOUNTS ALLOWED

Commissioner Strahan made a motion to approve Accounts Payable Warrants
#87645 through #87787. Commissioner Pennel seconded the motion. The motion passed
by vote: Pennel (yes), Herschend (yes), Strahan (yes).

COMMISSIONER HERSCHEND
HOUSEKEEPING

Commissioner Herschend addressed the following issues:

1. Linda Morgan was being nominated for the “Women of the Year” by the Beta
Sigma Phi and felt that the Commission as well as others should attend.
2. The County Health Fair for the employees has been requested to be scheduled
again and added that catching one case before it evolves is a cost savings not only
to the County but to the Employee as well.

Commissioner Herschend made a motion to approve the date of March 31st for the 2nd
County Health Fair. Commissioner Pennel seconded the motion. The motion passed by
vote: Pennel (yes), Herschend (yes), Strahan (yes).

3. The State Tax Commission is having a class for the proper way of handling Board
of Equalization. Herschend added that he felt the Commission should all attend.

COMMISSIONER STRAHAN
TOURISM TAX COMMISSION

Commissioner Strahan commented that he had personally been criticized by the
media for some things regarding the Tourism Tax Commission. Strahan stated that he
had not been informed as to what is going on or had gone on with the board and didn’t
feel that he should be criticized.

Strahan added that the Commission has a responsibility to the citizens and should
know the full story before appointing board members. Strahan noted that the City of
Branson stated that they would only be interested in the tax if they received 10% of the
money, now they have verbally changed that statement but it doesn’t show up anywhere
as being changed. Strahan pointed out that he just wanted to know where the money
would be spent before he makes a decision to appoint a board member.

Bob Paulson, Counsel stated that the board was currently working towards
amending legislation.

CHUCK PENNEL
AFFORDABLE HOUSING

Commissioner Pennel informed the Commission that the OACAC Board had been
working towards getting affordable housing in Taney County and was looking for
$5,000-$6,000 to fund a study which would give them a better opportunity to receive
grant funding. Pennel added that the City of Branson’s Administrator, Terry Doty and
himself had a meeting with representatives from OACAC to discuss funding and had
agreed not to fund at that point until they did further study.

Pennel noted that OACAC had now received a donation of property and would
like for the Commission to think about funding a portion of the study.

Commissioner Herschend made a motion to approve up to $3,000 for the purpose
of the study towards affordable housing from the contingency fund. Commissioner
Pennel seconded the motion.

Commissioner Herschend amended his motion to include that the OACAC Board
could have the funding as soon as they came up with the remaining funds for the study.
Commissioner Pennel amended his second. Commissioner Herschend added that the
County could have access to the study through an Intergovernmental Agreement for
valuable information that would benefit various departments. The motion passed by
vote: Pennel (yes), Herschend (yes), Strahan (yes).

BOARD APPOINTMENT

Commissioner Herschend made a motion to appoint Shawn Pingleton as the
Branson representative for Planning & Zoning. Commissioner Pennel seconded the
motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

DISPOSITION OF RECORDS

Donna Neeley, County Clerk submitted the following records for disposal as per
State Retention:
RECORDS DISPOSITION
Date Sorted and Pulled: 2-9-05
The following records have met their retention schedule and are recommended for disposal under RSMo
109.230 subsection 4. The officeholder with jurisdiction over these records may elect to take the following
action: store the records, destroy the records, or de-accession the records. If the records are destroyed or
donated to a local historical agency the action should be recorded in the minutes with the record series and
inclusive dates.
Record Series Inclusive Dates Retention
PSR/Voter Registration 1999 5 yrs.
Election Material 2002 22 mos.
Election Media File 2002 22 mos.
Election Precinct Reports 2000 22 mos.
Election Material 2001 22 mos.
Election Material 1999 22 mos.
Unvoted Ballots 2005 Until Election is
Certified
Budget 1995 Completion of
Audit
Budget 1996 Completion of
Audit
Budget 1997 Completion of
Audit
Budget 1998 Completion of
Audit
Budget 1999 Completion of
Audit

EXECUTIVE SESSION

Commissioner Herschend made a motion to go into executive session pursuant to
RSMo. 610.021.(2)(12). Commissioner Pennel seconded the motion. The motion passed
by vote: Pennel (yes), Herschend (yes), Strahan (yes).

Commissioner Pennel made a motion to go out of executive session.
Commissioner Herschend seconded the motion. The motion passed by vote: Pennel
(yes), Herschend (yes), Strahan (yes).

It should be noted that a motion was made and until the completion said transaction the
motion remains closed.

Ordered that the Commission adjourn.

Minutes taken and typed by: Tressa Luttrell