Commission Minutes Unofficial

JUNE 13, 2005 THE 22ND DAY
OF THE APRIL ADJOURN TERM

The County Commission met in Associate II Circuit Courtroom at 9:04 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.

The prayer was led by Ron Herschend followed by the pledge.

WASTE CORPORATION
MAX MURRAY

Max Murray, Waste Corporation, also known as Black Oak Landfill, addressed
the Commission with a request to help increase the volume of waste stream taken from
the transfer station. Murray explained that the County’s secondary site is American
Disposal and after looking at the transportation spreadsheet, he thinks he can save the
county anywhere from $120 to $160 per load which averages about 22 tons per load.
Murray asked if there was anything they could do to get the county away from American
Disposal, the secondary site, in order to increase his business. Murray further stated that,
“it would be a win win, if it could be an increase in business for me and a decrease in cost
for the transfer station.”

Commissioner Herschend explained that 15% of the counties total business goes
to the secondary site due to its location. Herschend further stated that the county staff
can easily make Black Oak twice in one day but often three loads are needed so they use
the secondary facility.

Max Murray then offered to lend a trailer to the County to help with the flexibility
of loads. Commissioner Herschend clarified that the county already has three trailers and
are in need of a tractor. Herschend suggested Murray schedule a work session with the
county staff to further discuss ways of improving the productivity for both Black Oak
Landfill and the county.

Commissioner Herschend read the following section of an inspection letter for the
transfer station. “Note: On the inspection checklist enclosed that there were no
operational or reporting deficiencies observed. Please see the remarks section on the
checklist for any additional comments, which there were none. We encourage you and
your staff to continue the effective management of this facility to protect the health
environment for our state citizens.”

ROAD PETITIONS
POVERTY GULCH
 Bob Paulson, County Counselor stated that he has received material from Ann
Symington and it didn’t satisfy the issue as to whether the road was built according to
plat and suggested Dan Ratermann, Road and Bridge Engineer, survey the land.

Dan Ratermann, Road and Bridge Engineer, stated he reviewed the survey plat
that showed the road was on his property. Ratermann further stated, “The plat he is
showing you shows where it should be but doesn’t necessarily show where it is.”
Ratermann stated the only way to know for sure is to do a survey and suggested making
sure it is a county road before spending any money on it.

Commissioner Herschend made a motion to deny this request due to the unknown
nature of the right-of-way and property ownership and to reconsider the petition when the
right-of-way and ownership, is cleared up by the petitioners. The motion died for a lack
of a second.

Commissioner Strahan asked about Poverty Gulch Road being a detour route for
Iowa Colony traffic and stated that the Commission is probably going to have to take the
road in anyway to use it as a detour when construction begins on the Iowa Colony
project. Ratermann stated if Poverty Gulch is not a county road then the county will not
designate it as a detour route.

Presiding Commissioner Pennel made a motion to take Poverty Gulch Road in as
a Class 6 contingent upon the property owners working with Dan Ratermann about the
property lines.

Commissioner Herschend asked Presiding Commissioner Pennel to consider
amending his motion to include a both a 6-month timetable and that the property owners
must resolve road ownership issues before the road is taken in as a county road.

Commissioner Pennel amended his motion to put a 6-month timetable on the road
and that the responsibility for working out the property line issues is the property owners.
Commissioner Herschend seconded the motion. The motion passed by vote: Pennel
(yes), Herschend (yes), Strahan (yes).

ROAD PETITION
COMBS ROAD

Presiding Commissioner Pennel stated there are only 10 signatures on the petition
there needs to be 12 to make it a valid petition. It was decided that it is a dead issue.

Commissioner Herschend added that even with the signatures the road only has
two dwellings and is 4600 ft in length with only 10 to 12 ft in width. It was decided that a
letter be sent to the petitioners explaining that even with two more signatures the county
is not likely to take this road in as a county road.
 WHORTON ROAD

Presiding Commissioner Pennel reminded the Commission that Whorton Road
was tabled at an earlier meeting and residents were to be informed as to the safety issues
of the intersection. Pennel further stated the residents have still not been informed and he
would work to get the issue resolved.

AIRPORT BOARD BYLAWS
TRESSA LUTTRELL

Tressa Luttrell, Administrator, presented the Commission with copies of the
Airport Board Bylaws. Presiding Commissioner Pennel and Bob Paulson, County
Counselor read the following bylaws.

(insert bylaws)

Presiding Commissioner Pennel made a motion to accept these bylaws.
Commissioner Strahan seconded the motion.

Commissioner Herschend brought up the following concerns about the bylaws:
dismissal of a board member for cause, Section E not less than 5 of its members when 4
to 7 is quorum, defining significant monetary contributions, the duties and powers section
doesn’t say how much money they can spend, and finally something should be added
about the creating a reversionary act. A general discussion ensued.

Bob Paulson, County Counselor, stated that the bylaws could be amended at any
time.

Commissioner Pennel amended his motion to change the wording of Section E to
reflect the simple majority instead of the number 7 as a quorum. Commissioner Strahan
seconded the amended motion. The motion passed by vote: Pennel (yes), Herschend
(yes), Strahan (yes).

Commissioner Herschend made a motion to amend the motion to include that the
Airport Board shall operate within a budget established annually by the Taney County
Commission and the Airport Board. Commissioner Strahan seconded the motion to
amend. Pennel expressed a concern about “micromanaging” plus the he doesn’t want to
do the budget he wants to approve it once the Airport Board completed the annual
budget. Herschend amended his motion to say the Airport Board shall operate within a
budget approved annually by the Taney County Commission and the Airport Board. The
motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

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

ANIMAL CONTROL ORDINANCE
 TRESSA LUTTRELL

Tressa Luttrell, Administrator, stated that the amendment to the Animal Control
Ordinance has been published for three consecutive weeks and is official.

FEASIBILITY STUDY
JOHN SOUTEE

John Soutee, Sewer District Administrator, stated that it was discussed at a Sewer
Board meeting that Y Highway and Venice on the Lake were next on the priority matrix
and since they are not going to change in priority the board decided to move forward with
the feasibility study. Soutee went on to explain that the master plan was like looking at
an area of land under magnifying glass and the feasibility study was like looking at an
area of land under a microscope. Soutee then asked if the Commission agreed with
moving forward with the feasibility study.

Commissioner Herschend stated that it makes no sense that Y Hwy and Venice on
the Lakes dropped from being 2 and 3 and may slip from 17 and 18 and thinks they
should still be a priority.

Presiding Commissioner Pennel clarified that the Sewer Board is saying that
Venice on the Lake and Y Highway are there next projects.

John Soutee stated the feasibility study would provide more thorough information
and once it is completed they can go back and look at specific information to compare
these two areas.

Commissioner Herschend brought up a concern about the cost for citizens to hook
on and whether or not the majority of those people can afford to take on that expense.

Commissioner Strahan explained when the Commission originally voted on the
sewer tax, Y Highway was mentioned and it has been a long wait already for those
people.

Commissioner Pennel stated that the cost of putting in a sewer is an additional
10% cost to the project. Soutee clarified the cost is $1500 to $3000 per property,
depending on how many people are in the project area. A general discussion ensued.

John Soutee went on to update the Commission on the Bee Creek project stating,
that it is moving right along. Soutee explained that a map is established with easements
and there is no real controversy on any sites. Soutee then asked if the Commission has
heard anything from Burns and Mac on the offer that was made.

Commissioner Herschend responded by stating that the check went out last week
and they haven’t called expressing any concern. Herschend will follow up on the issue.
 PRIOR MINUTES

Commissioner Herschend made a motion to approve minutes from May 2, 4, and
31. Commissioner Pennel seconded the motion. The motion passed by vote: The
motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

ACCOUNTS ALLOWED

Commissioner Herschend made a motion to approve Accounts Payable warrants #
89586-89665 and manual warrant # 4368. Commissioner Pennel seconded the motion.
The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

COPY OF BYLAWS

Dick Clark requested a copy of the Airport Bylaws and also a copy of the
insurance papers once an insurance company is established.

RECESS

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