Commission Minutes

OFFICIAL
DECEMBER 6, 2012, 20th DAY OF
THE OCTOBER ADJOURN TERM

The County Commission met in the Commission Hearing Room at 8:04 a.m. with Ron
Houseman, Danny Strahan and Jim Strafuss present. The following proceedings were had and
made a matter of record:

MANAGED PRINT SERVICES

Purchasing Agent Ron Erickson and Mark Rys with I.S. Department met with the County
Commission to make a recommendation that departments be directed to contact the I.S.
Department and Mark Rys when they have specific print services needs or equipment that needs
to be replaced. We are anticipating using existing contracts such as GDWG, Wiska, AEPA and
the State Bidding Process to buy equipment when necessary. They also discussed different
vendors and different printing options including the replacement of ink and toner with more
efficient laser jet printers or copiers. Centralize some printing jobs to eliminate some of the desk
top stuff. CPC will eliminate 100% toner, maintenance, service calls etc. Managed Print
Services would help reduce county costs on toner and maintenance. Discussion ensued. It was
suggested that an email be sent to all Department Heads and Employees notifying them that this
is what we are transitioning to. Ron Erickson gave kudos to the I.S. Department Melissa Trotter
especially and Mark Rys for all of their hard work. The Commission gave their support to
purchase 30 machines today via the state contract for cost saving measures.

NETWORK PLANNING
EXECUTIVE SESSION - PER SECTION 610.021.20

Commissioner Strafuss moved to go into Executive Session pursuant to RSMo 610.021.20
Commissioner Strahan seconded the motion. The motion passed by roll call vote: Houseman
(aye), Strahan (aye), and Strafuss (aye).

EXECUTIVE SESSION
8:21 AM

See Executive Session Minutes for actions, if any.

Commissioner Strafuss moved to exit out of Executive Session. Commissioner Strahan seconded
the motion. The motion passed by roll call vote: Houseman (aye), Strahan (aye), and Strafuss
(aye).

OUT OF EXECUTIVE SESSION
8:43 AM

RECESS
8:43 AM

RECONVENE
9:07 AM
 DE-ICING MATERIALS - Bid #201211-201

Randy Haes joined Mr. Erickson to open the seven responses with signatures received for the
De-Icing Materials bid #201211-201. The first submission was from Sicalco Ltd., Hinsdale, IL.
The second submission was from Gunther Salt Co., St. Louis, MO. The third submission was
from Cargill Deicing Tech., North Olmsted, Ohio. The fourth submission was from North
American Salt Co., Overland Park, KS. The fifth submission was from Scotwood Industries,
Inc., Overland Park, KS. The sixth submission was from Bingham Sand & Gravel, Treece, KS.
The seventh submission was from Morton Salt, Chicago - They declined in writing. Bids will be
reviewed and a recommendation will be made. A presentation and a primary and secondary
recommendation will be presented to the County Commission on Monday.

AGENDA REQUESTS

Nikki Lawrence came before the Commission to review agenda requests.

MISSOURI RECYCLING ASSOCIATION LETTER OF SUPPORT

Commissioner Strafuss moved to Issue a Letter of Support regarding the Missouri Recycling
Association. Commissioner Strahan seconded the motion. The motion passed by vote:
Houseman (aye), Strahan (aye), and Strafuss (aye).

OZARKS REGIONAL JUVENILE DETENTION DISTRICT CONTRACT

Mike Scofield came before the County Commission to present the Ozarks Regional Juvenile
Detention District Contract two-circuit agreement with the following five counties: Christian,
Taney, Ozark, Douglas and Wright counties.

Commissioner Strafuss moved to enter into the Contract for Continuation of the Ozarks Regional
Juvenile Detention District and authorized signature of the contract. Commissioner Strahan
seconded the motion. The motion passed by vote: Houseman (aye), Strahan (aye), and Strafuss
(aye).
 CONTRACT FOR CONTINUATION OF THE
OZARKS REGIONAL JUVENILE DETENTION DISTRICT

This Contract for continuation of the Ozarks Regional Juvenile Detention

District {hereinafter the District) is made and entered into this 24tf1day of

December, 2012, by and between the following Missouri counties, acting by and

through their respective County Commissions: Wright, Douglas, Ozark, Christian,

and Taney (hereinafter the Counties). The District was established by agreement

between the Counties dated February 1.2001, and this Agreement provides for

the continuation of the District and the juvenile services it provides.

WHEREAS, the Counties desire to establish, continue and organize the

Ozarks Regional Juvenile Detention District in accordance with R.S.Mo., 211.500

in order to adequately provide for juvenile detention services and facilities; and

WHEREAS, the Counties have agreed to the following terms and

conditions for establishment and continuation of the District and to set forth the

duties of each county relating to the District.

NOW, THEREFORE, for good and valuable consideration, the receipt and

sufficiency of which is hereby acknowledged by each of the Counties, the

Counties do hereby agree as follows:

1. The name of the District shall be the Ozarks Regional Juvenile

Detention District.

2. The names of the Counties within the District are Wright, Douglas,

Ozark, Christian, and Taney. The boundaries of the District shal be the

boundaries of each of these Counties

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 3. The formula for calculating each county's contribution to the costs

of the District shall be based on the population of each county, as a percentage

of the total population of all of the Counties based on the 2010 census, as

follows:

County 2010 2010
Population Percentage of
Total Population
Wright 18,815 10.98%

Douglas 13,684 07.99%

Ozark 9,723 05.68%

Christian 77,422 45.19%

Taney 51,675 30.16%

TOTALS 171,319 100.00%

Each county shall be responsible for alt costs and expenses of the District

in accordance with the percentages set forth above. These expenses and costs

shall include, but not be limited to, rent for the building and premises where the

juvenile detention center will be located; salaries and expenses of employees

and independent contractors of the District; supplies and equipment for operation

o f the District; and all other reasonable and necessary expenses of the District.

4. The types of juveniles which the Ozarks Regional Juvenile

Detention Center may house shall include all juveniles subject to the jurisdiction

of the Circuit Court of each of the Counties which are a party to this Agreement;

juveniles held for the State of Missouri, Division of Youth Services; and juveniles

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from other districts and agencies outside the district as approved by the

Presiding Circuit Judges of the District.

5 The District shall lease a building and premises located in Mountain

Grove, Missouri that will be used as the juvenile detention center The Lease

shall be for a term of five (5) years, with the option of another five (5) years

renewal at the same rate, to be approved by the Presiding Circuit Judges of the

Counties included in the Ozarks Regional Juvenile Detention District, unless

earlier terminated as provided in the Lease.

6. The Wright County Juvenile Office will have the right to keep its

offices in the juvenile detention center, and no rent shall be charged to the Wright

County Juvenile Office.

7. The duties of the Executive Directo r of the Detention Center shad

be as described on Exhfoit A attached hereto. The Executive Director shall be

subject to the direct control of the Presiding Circuit Judges of the Counties

included within the Ozarks Regional Juvenile Detention District, which shall have

the authority to hire the Executive Director, set the Executive Director’s annual

salary, establish and/or change the duties of the Executive Director, and

discipline or discharge the Executive Director.

8. The annual budget of the Ozarks Regional Juvenile Detention

District shall be submitted for review by each Presiding Circuit Judge within

seven (7) days after January 1 of each year this Agreement remains in effect.

The budget shall include ail details requested by each Presiding Circuit Judge of

the Counties which are parties to this Agreement. The budget shall specifically

3
include the following: total number of employees projected for the coming year;

total employee expenses, including wages, salaries, benefits and taxes;

equipment costs and expenses; cost of supplies, and rent, maintenance, and

other building expenses.

9. Upon approval of the District's budget by the Presiding Circuit

Judges, the budget shall be submitted to the County Commission of each

County. The annual budget of the Ozarfcs Regional Juvenile Detention District

shail be approved by the County Commissions on or before the thirty-first

day of January of each year this Agreement remains in effect.

10. The term of this Agreement shall be five (5) years, and in all

respects identical to the term of the Lease of the juvenile detention center. This

Agreement may be extended for an additional five (5) years, at the same rate,

upon approval by the Presiding Circuit Judges of the Counties included within the

Ozarks Regionai Juvenile Detention District.

11. The Presiding Circuit Judges for each judicial circuit in the counties

which are parties So this Agreement shall be responsible for oversight of all

operations and activities of the District. Each Presiding Circuit Judge may

designate or delegate to an Associate Circuit Court Judge in his/her judicial

district the duties and responsibilities to act in this capacity.

12. In the event of any dispute or disagreement between the parties

arising from or relating to this Agreement, or any dispute concerning the rights,

duties, or obligations of the parties to this Agreement, then such dispute shall be

resolved by binding arbitration between the parties in accordance with the

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Missouri Arbitration Act, R.S.Mo., Section 435.010, The arbitration shall be held

in Mountain Grove, Missouri. The arbitrator shall be selected by the Presiding

Circuit Judges of the Counties included within (he Ozarks Regional Juvenile

Detention District, and the arbitrator shall be a sitting or retired Circuit Judge who

holds or held office outside the judicial circuit covered by this Agreement, The

decision of the Arbitrator shall be final and binding upon all of the parties to this

Agreement, and may be enforced by a judgment of a Court confirming the

arbitration award.

13. Counties outside the Ozarks Regional Juvenile Detention District

Should not pay less per diem than the district counties. The cost per diem shall

be calculated at the end of each calendar year and the cost for non-district

counties shall be adjusted in order that non-district counties will not pay less than

district counties.

This Agreement was reviewed and approved by the County Commission

of each County which is a party to this Agreement, and is signed below by an

authorized representative of each County.

THIS CONTRACT CONTAINS A BINDING ARBITRATION PROVISION

WHICH MAY BE ENFORCED BY THE PARTIES.

WRIGHT COUNTY, MISSOURI

DOUGLAS COUNTY, MISSOURI

OZARK COUNTY, MISSOURI By:
Name/Title
CHRISTIAN COUNTY, MISSOURI

TANEY COUNTY, MISSOURI

A TTEST

On this day o f December, 2012, before me personally appeared Ronald D.
Houseman, Presiding Commissioner, and said Commissioner acknowledged said
instrument to be his free act and deed on behalf o f the Taney County Commission.

I, Donna Neeley, Clerk, o f file Taney County Commission, do hereby certify that
the above and foregoing is the Ozarks Regional Juvenile Detention District Contract,
made and entered into by the Taney County Commission and signed on this { n day o f
December, 2012.

C E R T IFIC A T IO N O F TANEY COUN TY ACCOU N TIN G O FFIC E R

The undersigned, as Budget Officer and Accounting Officer for the County o f
Taney, State o f Missouri, hereby certifies, pursuant to Section 50.660 RSMo, that there is
a balance otherwise unencumbered in the county treasury to the credit o f the
appropriation to which the financial obligation imposed upon the county by this Ozarks
Regional Juvenile Detention District Contract is to be charged, and there is a cash
balance otherwise unencumbered in the county treasury to the credit o f the fund from
which payment is to be made, each sufficient to meet the obligation, if any. incurred by
the terms o f this Ozarks Regional Juvenile Detention District Contract.

By:
Rick Findley
Taney County Auditor

Dater

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 PUBLIC DEFENDER LEASE AGREEMENT

Commissioner Strafuss moved to enter into the Public Defender Lease Agreement continuation
of the fixed rate for 1 year. Commissioner Strahan seconded the motion. The motion passed by
vote: Houseman (aye), Strahan (aye), and Strafuss (aye).

Commissioner Strafuss withdrew his motion. Commissioner Strahan withdrew his second.

NO ACTION ON THIS AGREEMENT TODAY THIS WILL BE ADDRESSED AT A LATER
TIME.

RECESS
9:49 AM

RECONVENE
10:03 AM

STAFF DEPARTMENTAL UPDATE - ROAD & BRIDGE

Randy Haes, Harlan Collins and David Stottle with Road and Bridge came before the
Commission to present the Road & Bridge Staff Departmental Update.

ROAD EASEMENT

Commissioner Strafuss moved to approve the Grant of Permanent and Perpetual Easement and
Right -o f Way for Public Road Purposes and Temporary Construction Easement or Construction
of Public Road Improvements for David Lynn Hunter and Sue Hunter. Commissioner Strahan
seconded the motion. The motion passed by vote: Houseman (aye), Strahan (aye), and Strafuss
(aye).
G rant o f P erm an ent and P erpetu a l E asem en t
A n d R ig h t - o f -W a y F o r P u b l ic R o a d P u r p o s e s
A n d T e m p o r a r y C o n s t r u c t io n E a s e m e n t F o r
C o n s t r u c t io n o f P u b l ic R o a d I m p r o v e m e n t s

D avid L y n n H u n te r a n d Sue H u n te r G ra n te e s , o f the C ounty o f T gncy in the State o f M issouri,
hereinafter referred to as “ G R A N T O R S ” , o n this 3 day o f . 20 / Z .

grant and convey unto

T A N E Y C O U N T Y , M IS S O U R I, c/o T a n e y C o u n ty C o m m issio n , P.O. B ox 1086, Forsyth,
M issouri 65653 a body politic and corporate, h ereinafter referred to as “ G R A N T E E ” ,

for and in consideration o f One Dollar ($1.00) and other good and valuable consideration
received, the receipt o f w hich is hereby acknow ledged, and for the advantages to be
gained from the existence o f such road im provem ents, do hereby grant, bargain, sell,
transfer, and confirm unto GRANTEE, its successors, heirs and assigns, a perm anent and
perpetual easem ent and right-of-w ay for the purpose o f locating, constructing,
maintaining, removing, operating, replacing and im proving the public road now know n as
John H unter Rd. for the passage o f vehicular and pedestrian traffic and for all uses
incident thereto, over, upon, under and through the follow ing described tract o f land
laying and being situate in the County o f Taney, State o f M issouri, to-wit:

Legally described as set fo rth in Exhibit “A " to this easement document, and
incorporated herein by reference as though fu lly set out.

Together with the right o f ingress to and egress from the adjacent lands o f GRA NTO RS,
their successors and assigns, for the purposes o f this casem ent, to-wit:

A perm anent and perpetual easem ent forty (40) feet in w idth for the purpose o f
widening road, to be m ore particularly described in exhibit “A”
To have and to hold the premises aforesaid for the aforesaid use with all and singular the rights, privileges,
appurtenances and immunities thereto belonging, or in anywise appertaining, unto the GRANTEE, its
representatives and assigns forever; the said GRANTORS hereby covenanting that GRANTORS arc
lawfully seized of an indefeasible estate in fee in the premises herein conveyed; that GRANTORS have
good right to grant and convey the same; that the said premises are free and clear of any encumbrances
done or suffered by GRANTORS or those under whom GRANTORS claim and that Grantors will warrant
and defend the title to the said premises unto the said GRANTEE and unto its successors and assigns
forever, against the lawful claims and demands of all persons whomsoever.

IN WITNESS WHEREOF, the said GRANTORS have caused these presents to be executed this
3 day of her ■2 0 /e ..
ACKNOWLEDGMENT

STATE OF /it'S + O C L S I _________.) )
___ )) SS.
COUNTY OF J_)

On this ^ day of P & c i £ . / r t b . 20/^ 2 . before me a Notary Public personally appeared:

David Lynn Hunter and Sue Hunter Grantees, known to be the person described in and who executed
the foregoing instrument and acknowledged that they executed the same as their free act and deed.

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year
first above written.

II y r U L H I l * , l i u i u i y
S ta te o1 M issouri
T a n e y C o u n ty

APPROVAL OF CONVEYANCE

The Taney County Commission on behalf of Taney County, Missouri accepts the Grant of
Permanent and Perpetual Easement and Right-of Way for Public Road Purposes described in this
document.

Ronald D. Hou&man, Presiding Commissioner
Taney County Commission

ATTEST

On this day of Daftmhtsr- . 20/t, before me personally appeared Ronald D. Houseman,
the Presiding Commissioner of Taney County, Missouri, and acknowledged he signed the above Approval
of Conveyance as his free act and deed on behalf of the Taney County Commission, pursuant to a vote of
the Taney County Commission to accept the above property interest on behalf of Taney County, Missouri.

I, Donna Neeley, Clerk of the Taney County Commission, do hereby certify that the above and
foregoing is the Grant of Permanent and Perpetual Easement and Right-of-Way accepted by the Taney
County Commission and signed by the Presiding Commissioner on this <e day of Dectm h ^r-
2 0 ,z, . . . . . . .
 Exhibit “A"

DESCRIPTION

A strip of land 10 feet wide to be used for additional road right-of-way and a triangular shaped
tract at the Northwest comer of John Hunter Road and Lazy Acres Road intersection, all along
the north side of John Hunter Road lying in and being a part of the Northeast Quarter of the
Northwest Quarter and of the Northwest Quarter of the Northeast Quarter and of the Southwest
Quarter of the Northeast Quarter in Section 16, Township 21 North, Range 17 West, Taney
County, Missouri, being described as follows:

Commencing at an iron bar marking the Southwest com er o f the Northeast Quarter of the
Northwest Quarter of said Section 16; thence North 0°43'00" East along the west line thereof a
distance of 24.55 feet to the Point of Beginning, said point being on the present north right-of-way
line of John Hunter Road (30' wide); thence continuing North 0°43'00" East a distance of 10.06
feet to a point on a segment of a non-tangent curve from which the radius point bears South
5”40'00" East at a distance of 1025.00 feet; thence East along said curve a distance of 144.71
feet (through an angle of 8°05'20"); thence
South 87“34'40" East a distance of 1322.66 feet; thence South 85°45’00" East a distance of
185.91 feet to the beginning of a curve concave to the southwest having a radius of 366.23 feet;
thence easterly and southeasterly along said curve a distance o f 202.60 feet (through an angle of
31 ”41'44"); thence North 73°00'00” East a distance of 56.57 feet to the west right-of-way line of
Lazy Acres Road (30' wide); thence South 0°21'00" East along said west right-of-way line a
distance of 80.15 feet to a point of intersection with the present north right-of-way line of John
Hunter Road; said point being on a curve from which the radius point bears South 49',10'35” West
at a distance o f 356.23 feet; thence continuing along the present north right-of-way line o f John
Hunter Road the following (4) four courses; thence (1) Northwesterly and westerly along said
curve a distance of 279.33 feet (through an angle of 44°55'35"); thence (2) North 85°45'00" West
a distance of 185.75 feet; thence (3) North 87<,34'40" W est a distance of 1322.50 feet to the
beginning of a curve concave to the south having a radius o f 1015.00 fe e t; thence (4) West
along said curve a distance of 144.42 feet (through an angle of 8°09'08") to the Point of
Beginning.

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 DIRT AGREEMENTS

Randy Haes presented the dirt agreement on Shalimar Road Mincy area off of Savage Road for
more than 3 loads of dirt.

Commissioner Strahan moved to approve a fill dirt agreement between Taney County and Robby
Benoit. Commissioner Strafuss seconded the motion. The motion passed by vote: Houseman
(aye), Strahan (aye), and Strafuss (aye).
 SHADY DRIVE

Randy Haes needs the road description on Shady Drive. Discussion ensued. Randy was directed
to move forward with the vacate process.
 PARK BOARD

The Park Board has a project at the Boston Center and a dirt agreement will be needed to fill dirt
in for a pavilion. Randy Haes was directed to contact the gentleman that runs the Boston Center
on where to drill the holes for the pavilion. Discussion ensued.

Commissioner Strahan would like a start date on the bathrooms project at K-Dock. The
Commission gave their support; this is on a three year plan with the corp.

Guard Rail on the lower parking garage was discussed. Randy was directed to talk to Renee in
Maintenance and move forward with the Guard Rail in the lower parking garage.

Randy Haes gave the County Commission an update on Slough Hollow.

Randy Haes was directed to contact the individual at the Summerwind Resort regarding the
Highway 165 Project and explain the situation. This is not a Taney County Project it is a State
Project.

The County Commission has no objection to changing the road name from Honorary - (Brass
Lantern) to Collins Lane. Harlan was directed to contact 911 first to see how many addresses this
will affect first and move forward.

RECESS
10:28 AM

RECONVENE
10:44AM

2013 BUDGET DISCUSSIONS
COMMISSION CONFERENCE ROOM

The Commission moved to the Commission Conference Room for the 2013 Budget Discussion.

No motions were made no votes were taken.

EXECUTIVE SESSION - HEALTH INSURANCE PER SECTION 610.021 (3) (12)

Commissioner Strafuss moved to go into Executive Session pursuant to RSMo 610.021 (3) (12).
Commissioner Houseman seconded the motion. The motion passed by roll call vote: Houseman
(aye), Strahan (absent), and Strafuss (aye).

EXECUTIVE SESSION
11:30 AM

See Executive Session Minutes for actions, if any.

Commissioner Strafuss moved to exit out of Executive Session. Commissioner Strahan
seconded the motion. The motion passed by roll call vote: Houseman (aye), Strahan (aye), and
Strafuss (aye).

OUT OF EXECUTIVE SESSION
3:22 PM
Commissioner Strafuss moved to adjourn. Commissioner Strahan seconded. The motion passed
by vote: Houseman (aye), Strahan (aye), and Strafuss (aye).

ADJOURN
3:22 PM

The minutes were taken and typed by Angelia Edwards, Deputy Clerk.