Commission Minutes Unofficial

MAY 10, 2005 THE 11TH DAY
OF THE APRIL ADJOURN TERM

The County Commission met in Associate II Circuit Courtroom at 9:02 a.m.
pursuant to adjourn with Chuck Pennel, Presiding and Danny Strahan, Eastern District
present. Ron Herschend, Western District was absent. The following proceedings were
had and made a matter of record.

The prayer was led by Donna Neeley followed by the pledge.

ACCOUNTS ALLOWED

Commissioner Strahan made a motion to approve all accounts payable warrants
#89097-89199 except Sunny Hills Nursery #89181, Chuck Pennel #89117, and Kissee
Vest Mortuary # 89146. Commissioner Pennel seconded the motion. The motion passed
by vote: Pennel (yes), Herschend (absent), Strahan (yes).

TRANSFER OF FUNDS
TRESSA LUTTRELL

Tressa Luttrell, Administrator, presented the Commission with two memos for a
transfer of funds pursuant to the budget. Commissioner Pennel made a motion to make
the transfers as per the two memos. Commissioner Strahan seconded the motion. The
motion passed by vote: Pennel (yes), Herschend (absent), Strahan (yes)

$64,896.75 from Road & Bridge Trust to General County Revenue for
Administrative Costs.

$104,323.89 from Sewer Sales Tax to General County Revenue for
Administrative Costs.

LETTER
ROY COMBS

Presiding Commissioner Pennel read the following letter from Roy Combs, Sewer
Board Member: “I am speaking to you as a member of the Taney County Regional Sewer
Board. I have listened to both sides of this ongoing problem concerning the Bee Creek
Project. I believe that a little compromise from both sides would benefit everyone. The
lawyers for both parties say they have a good case, which means it could drag on for a
long while taking money and time for court that could be better spent elsewhere. The
Commissioners, the Taney County Regional Sewer Board, all those representing Branson
are intelligent reasonable people and should be able to compromise to give up little in the
interest of the greater good without losing face. Surely the best interest of the county and
the community should be everyone’s priority. If everyone would just give each other a
chance to speak, actually listen, and honestly work towards a solution, we could do this
without having a judge do it for us. I’ve been a Taney County Regional Sewer Board
Member for 6 years. I’ve stayed because I feel we have accomplished a lot during that
time. I assure you it is not for the $25 a month that I receive in compensation from the
county. Some of the things said in the press lately have been less than flattering but I
want you to know that I sincerely believe we can solve this. Life is too short to cause
hard feelings, make enemies, and lose respect if there is anything that I can do to help in
any way please let me know. As I said surely the interest of the county should be
everyone’s top priority!”

Commissioner Pennel thanked Roy Combs for his leadership and attitude that is
reflected in this letter.

HOLIDAY INN PROPERTY
JAMES STRAHAN

Donna Neeley, County Clerk, asked why this issue was being brought up in a
Commission Meeting and not Board of Equalization. Neeley discussed the opinion letter
from the State Tax Commission, requested by James Strahan in 2004, which stated that a
specific statute overrules a general statute and therefore The Board of Equalization for
Taney County must meet a minimum of once per month to correct, erroneous errors,
double assessments, and clerical errors.

Bob Paulson, County Counselor, stated he believes the statute says specifically
the County Commission has authority to decide on issues of back taxes over the Board of
Equalization.

Donna Neeley pointed out that the statute also says that a specific statute
overrules a general statute, and therefore the BOE should be making any needed
adjustments to the Back Tax Book, and questioned why Assessor Strahan was bringing it
to the Commission this week, when he brought it before the BOE last week.

James Strahan, Assessor, stated he handed a copy of RSMo 105.140 to everyone
saying the Commission can hear and decide on this issue. Strahan stated that he doesn’t
see how this has anything to do with Board of Equalization they have no authority to
touch anything dealing with penalty and interest.

Shelia Wyatt, Collector, clarified that the County Commission has no authority on
penalty and interest.

Commissioner Strahan made a motion to table this matter until there is more
clarity on who should hear the issue. Commissioner Pennel seconded the motion. The
motion passed by vote: Pennel (yes), Herschend (absent), Strahan (yes).

WINCHESTOR
RICK FINDLEY
 Rick Findley, Auditor, presented the Commission with requests from Road and
Bridge for an easement on Winchestor Road. Commissioner Strahan made a motion to
approve check # 89200 for a $2400 easement to widen Winchestor Road due to safety
hazards. Pennel seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (absent), Strahan (yes).

COURTHOUSE SECURITY

Tressa Luttrell, Administrator, updated the Commission on the latest Courthouse
security plans. Luttrell explained they had taken another walk through of the courthouse
to determine which door will be appropriate for the front door. There are concerns about
the lack of room at the side door where the flagpole is located so they are leaning toward
the present front door as the main entrance to the courthouse. Luttrell went on to discuss
the card readers for the doors that will be closed off. Each employee will be given a card
with security code on the back only letting each employee into places where they are
authorized to go. The card readers will also have a logbook telling if there are any
employees trying to get into places where they are not supposed to be. Luttrell stated that
each door is approximately $3500 to $4000 with the card readers. There will be two by
the sheriff’s department with the main door opened to the public from 8-5. They also
discussed various cameras and alarm systems.

ESTABLISHMENT OF FIRE PROTECTION DISTRICT
DONNA NEELEY

Donna Neeley, County Clerk, stated that two fire districts were formed on January
6, 2005, Cedar Creek Fire Protection District and Protem Fire Protection District. Both
were confirmed upon the results of the April 5, 2005 Municipal Election and both
Districts passed by vote and are established.

SCENIC BYWAY

Presiding Commissioner Pennel stated there was a MoDot meeting about scenic
byway and a pattern letter was written to establish the Ozark Mountain Highroad as part
of the scenic byway, limiting the amount of billboards in a certain area. Pennel explained
once the boundaries of the scenic byway are established then the state will put up signs
and establish the road on maps as a “scenic byway” acting as a tourism booster. Pennel
stated that part of the Ozark Mountain Highroad is in Stone County and other part is in
Taney County.

Bob Paulson, County Counselor suggested the Commission post this on the
agenda before voting on the issue.

MASTER PLAN

Tressa Luttrell, Administrator asked if the Commission is ready to move forward
with interviewing the vendors who submitted qualifications for the master plan.
 Commissioner Pennel said he is attending a Planning and Zoning meeting but is
ready to reject it unless someone changes his mind at the meeting.

PUBLIC COMMENT
ART BECK

Art Beck asked the Commission if anyone saw the new Communications Center
when it was here this weekend and stated that it would be set up at Saddlebrooke and
encouraged them to attend.

RECESS

Commissioner Pennel made a motion to recess. Commissioner Strahan seconded
the motion. The motion passed by vote: Pennel (yes), Herschend (absent), Strahan (yes).