Commission Minutes

OFFICIAL
JANUARY 31, 2013, 9th DAY OF
THE JANUARY ADJOURN TERM

The County Commission met in the Commission Hearing Room at 9:07 a.m. with Ron
Houseman, Danny Strahan, and Brandon Williams present. The following proceedings were had
and made a matter of record:

PRELIMINARY STUDY MEETING

The Commission met to review previous meeting minutes, accounts payables, and other business
they will be dealing with throughout the day.

AGENDA REQUEST REVIEW

Nikki Lawrence came before the Commission to review agenda requests.

FIRE INSPECTION

Renee Brusca came before the Commission to ask that a fire inspection be completed on the old
courthouse. The Commission directed her to move forward with this project. Simplex gave a
quote of $809.21 if it is completed during business hours; she stated that the cost would be
double if they had to come after hours. She would like to possibly schedule this for President’s
day so the court house will be empty. The Commission has asked for more information
regarding this issue.

PARKING GARAGE MAINTENANCE PART 2 RFB #201212-205

Purchasing Agent Ron Erickson and Mr. Paul Black came before the Commission to open bids
for the Parking Garage Maintenance Part 2 RFB #201212-205. Bids were received from the
following vendors:
Heartland Restoration Inc.
Mid-Continental Restoration Co.
MTS Contracting
LS Black Contractors
Carson Mitchell
Merritt Construction Services
The Commission has directed Mr. Erickson and Mr. Black to review the bids and then bring back
their recommendation later today. Commissioner Strahan moved to postpone this item to a
definite time of 11:00 am today.

FILL DIRT AGREEMENT

Randy Haes with Road and Bridge came before the Commission to present a Fill Dirt
Agreement. Commissioner Strahan moved to approve the Fill Dirt Agreement with Denney
Martin. Commissioner Williams seconded the motion. The motion carried by vote: Houseman
(aye), Strahan (aye), and Williams (aye).
 fsjO

F ILL DIRT A G R E E M E N T

CO M E S NOW the Taney County Commission on behalf ofjaney County, .Missouri,
(hereinafter "Taney Comity'') and enters into this agreement with i
(hereinafter Owner), regarding the dumping of dirt fill on Owners property, a#) the particulars of
the agreement are as follows:

W fT N ESSETH :

W H E R EA S, Taney County, Missouri's Road and Bridge Department would benefit from a
location n«ar ongoing construction to dump excess and unheeded \ill dirt; and,

W H ERE A S, having' said location would save Taaey County's Road and Bridge Department a
considerable amount in hauling costs; and

W H ER E A S, Owner will benefit from having needed fill dirt dumped on Owner's properly;

NOW T H ER E FO R E fT JS A G R EE D AND COVENANTED BETW EEN THE
P A R T IE S A S FOLLOWS:

G eneral Provisions.

•Taney County, as the need arises, is granted permission by Owner to dump fill dirt upon
locations on Owner's property that .Owner has previously designated to receive such material.

T e rm and N otice. ■

The term of this agreement shall commence upon the first date upon which all parties have signed
this agreement and shall continue until terminated by one party or the other. •

Hofd Harmless

Owner agrees that it will hold Taney County, its employees, representatives, heirs and assigns
harmless from any claims arising from or relating to this agreement except for any gross, negligence.
 IN WITNESS WHEREOT THE PARTIES HAVE EXECUTED THIS
AGREEMENT ON THE DATE SET FORTH BELOW.

OWNER TANEY COUNTY, MISSOURI

Owner's Name
T aney County Commission
gffl/ S Ttifctb j'flb
Owner's Address

£Pf-Lk.7k.
Owner’s Phone Number
ATfEST

I>aie:

The Taney County Cleric, Donna Neeley hereby attests' that the Presiding Commissioner
of ths Taney County Commission, Ron Houseman, signed this agreement on behalf of the Taney
County Commission pursuant to a previously passed motion of theTaney County Commission.

Auditor’s Certification

The undersigned, as Budget Officer for the County of Taney, certifies that there is a balance
otherwise unencumbered in the county treasury to the credit of the appropriation io which the
financial obligation imposed upon the county by this agreement is to be charged, and there is a
cash balance otherwise unencumbered in the county treasury to the credit of the fund from
which payment is to be made, each sufficient to meet the obligation incarred. Section
50.530(1) & Section 50.660 RSMo.
 TRANSFER STATION

Randy Haes and David Stottle, with Road and Bridge; Scott Starrett, with Planning and Zoning;
and Travis Heier, with HDR Engineering, came before the Commission to discuss possible
improvements to the Transfer Station. DNR has requested upgrades to the Transfer Station due
to the adding of the glass bunker. Discussion ensued regarding: original paperwork for the
property that detail restrictions on the property, new location sites, new building, and receiving
use of a driveway off of the outer road just north of the Transfer Station.

The Commission directed Mr. Starrett to look at the surrounding acreage to determine what
might be possibilities and Mr. Heier to look at a different building site but still on this property.

GRANT FOR EASEMENT & RIGHT OF WAY

Randy Haes and David Stottle came before the Commission to present a Grant For Easement and
Right-of-way to Echoviews LLC for a zipline to cross of Lake Shore Dr. Planning and Zoning
has given their approval of this project. Discussion ensued regarding County Counsel input on
the contract; liability the County may be under due to this going across a county roadway; and
structures that may or may not be placed on the County right-of-way.

The Commission directed Mr. Haes to present this to County Counsel.

FLOOD BUYOUT UPDATE AND SIGNING OF THE HMGP & CDBG FUNDING
APPROVAL AND GRANT AGREEMENTS

Bob Atchley with Planning and Zoning came before the Commission to discuss the flood buyout
and to present the HMGP and CDBG Funding Approval and Grant Agreements. Mr. Atchley
also presented a form that requests the Presiding Commissioner to be the representative to sign
all forms on the project.

Commissioner Williams read the Taney County Commission Order Flood Buyout Program that
was presented by Mr. Atchley.

“Be it resolvd by the County Commission of Taney County, Missouri that the Presiding
Commissioner is hereby authorized to submit an application to the State of Missouri
Emergency Management Agency to pursue funds to conduct a hazard mitigation project
using State of Missouri and FEMA funds. These funds are intended to be used toward
acquisition and/or relocation of residential properties damaged by past flood events.

It is expressly understood that all properties purchased under this grant must be removed
from the parcel of land in question. The land that is acquired through this grant will be
owned by the Taney County and must be restricted as to future use. By submitting this
application, the county asserts that an evaluation has been conducted of all potential non­
open space needs for this land including use for flood control. The county has
determined that there are no such needs identified and therefore, the county is, with full
knowledge, willing to commit to the purchase of this land and the placement of a
permanent and irrevocable deed restriction that will prohibit furture non-open space uses
including levees, flood walls and other flood control structures.

The enclosed excerpt from the Robert T. Stafford Act, as amended, has been reviewed
and is understood.”
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and what requirements will be expected

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ORDER NUMBER 1-31-13-01

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TANEY COUNTY COMMISSION
FORSYTH, MISSOURI
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1—1 DA TE: Ja n u ary 31,2013
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SUBJECT: It U the intent o f this order to seek funding through the Hazard Mitigation
Grant Program and to Authorize the Presiding Commissioner to Pursue
Activities in an Attempt to Secure Funding and Identifying a Project
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<D WHEREAS, The Robert T Stafford Act, as amended, does include provisions for property
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C WHEREAS, Tanev County does have areas of need which may be addressed through the Hazard
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Discussion ensued regarding the process of this program

Mitigation Grant Program.
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NOW, THEREFORE, BE IT RESOLVED by the County Commission o f Taney County,
C/3 •c Missouri, as follows:
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CCh O SECTION 1. That Taney County. Missouri desires to participate with the Federal
<D C Emergency Management Agency and the State of Missouri Emergency Management
o Agency in plans and activities for the improvement of die community under the program.

<D SECTION 2. That funds approved under the aforementioned program are intended to be
> used toward acquisition and/or relocation of residential properties damaged by past flood
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u- events.
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Qh SECTION 3. That all properties purchased under this grant must be removed from the
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parcel of land in question. The land that is acquired through this grant will be owned by
O Taney County and must be restricted as to future use. By submitting this application, the
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county asserts that an evaluation has been conducted of all potential non-opert space
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<D needs for this land including use for flood control. The county has determined that there
> are no such needs identified and therefore, the county is. with full knowledge, willing to
O commit to the purchase of this land and the placement of a permanent and irrevocable
a deed restriction that will prohibit future non-open space use including levees, flood walls
<u and other flood control structures. The enclosed excerpt from the Robert T, Stafford Act,
§ J5 as amended, has been reviewed and is understood.
g "O SECTION 4, That the Presiding Commissioner of Taney County, Missouri, be and is
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in ~o S' hereby authorized to prepare and submit an application to the State of Missouri
Emergency Management Agency to pursue funding to conduct a hazard mitigation
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of the County.

(L) project using State of Missouri and FEMA funds under the aforementioned program.
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The Commission directed Mr. Atchley to invite representatives from these organizations and Mr.
Davis to Monday, February 4, 2013, Commission Meeting either in person or by conference call.

PREVIOUS MEETING MINUTES

Commissioner Strahan moved to approve Commission Meeting Minutes for November 13th &
15th, 2012. Commissioner Houseman seconded the motion. The motion carried by vote:
Houseman (aye), Strahan (aye), and Williams (abstain).

Commissioner Strahan moved to approve Executive Session Meeting Minutes for December
10th, 19th, 20th, 31st, 2012. Commissioner Houseman seconded the motion. The motion carried
by vote: Houseman (aye), Strahan (aye), and W illiams (abstain).

Commissioner Williams moved to approve Executive Session Meeting Minutes for January 7tha,
7thb, 8th, 10th, 14th, 17tha, 17thb, 2013. Commissioner Strahan seconded the motion. The motion
carried by vote: Houseman (aye), Strahan (aye), and Williams (aye).

COURT ORDERS

Cristy Smith with the County Clerk’s Office came before the Commission to present Personal
Abatement Reconciliation as Exhibit A dated January 31, 2013, Personal Property Refunds
Abatements as Exhibit B dated January 31, 2013, and Real Estate Abatements as Exhibit C dated
January 31, 2013.

Commissioner Strahan moved to approve Exhibit A as presented. Commissioner Williams
seconded the motion. The motion carried by vote: Houseman (aye), Strahan (aye), and Williams
(aye).
Commissioner Williams moved to approve Exhibit B as presented. Commissioner Strahan
seconded the motion. The motion carried by vote: Houseman (aye), Strahan (aye), and Williams
(aye).

Commissioner Strahan moved to approve Exhibit C as presented. Commissioner Williams
seconded the motion. The motion carried by vote: Houseman (aye), Strahan (aye), and Williams
(aye).

PARKING GARAGE MAINTENANCE PART 2 RFB #201212-205

Mr. Erickson and Mr. Black came back before the Commission to present their recommendation
for RFB #201212-205. The low bidder is MTS Contracting out of Springfield, Missouri with a
bid of $69,448.57. The 2nd low bidder is Mid-Continental out of Fort Scott, Kansas with a bid of
$96,317.60. The Commission directed Mr. Black to make the calls he feels appropriate to make
sure the low bid is accurate, due there being such a difference in price, then this item can be
rescheduled for a later meeting.

2013 TECHNOLOGY PLAN

This item is removed from today’s agenda due to vendor being unable to be here.

POSTAGE MACHINE

Mark Rys and Joe Blackerby with IS, and Dawn Bilyeu came before the Commission to discuss
the postage machine. Discussion ensued regarding untrained multiple users, a mail clerk
position, upkeep of the machine, and purchase of a new machine or entering into a maintenance
agreement.

They are formally recommending hiring for the mail clerk position. The Commission would like
them to look at the benefits between buying a new machine and keeping the existing machine.
They notified the Commission there was an existing state bid for this type of machine.

CORPS OF ENGINEERS SUPPLEMENTAL AGREEMENT

Nikki Lawrence came before the Commission to discuss the Corps of Engineers Supplemental
Agreement requesting the County pay a lake access fee. Discussion ensued regarding differing
suggestions from the Corps.

The Commission decided to make no decisions on this item at this time.

RECESS
11:45 AM

RECONVENE
1:05 PM

CENTRAL TANEY COUNTY FIRE DISTRICT
EXECURIVE SESSION PER SECTION 610.021.1

Commissioner Strahan moved to go into Executive Session pursuant to RSMo 610.021 (1).
Commissioner Williams seconded the motion. The motion passed by roll call vote: Houseman
(aye), Strahan (aye), and Williams (aye).
 EXECUTIVE SESSION
1:05 PM

See Executive Session Minutes for actions, if any.

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

OUT OF EXECUTIVE SESSION
2:20 PM

Commissioner Strahan moved to adjourn. Commissioner Williams seconded. The motion
passed by vote: Houseman (aye), Strahan (aye), and Williams (aye).

ADJOURN
2:21 PM

The minutes were taken and typed by Stacey Clemans, Deputy Clerk.