Commission Minutes Unofficial

JUNE 27, 2005 THE 25TH DAY
OF THE APRIL ADJOURN TERM

The County Commission met in Associate II Circuit Courtroom at 9:01 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 Chuck Pennel followed by the pledge.

DATA SHARING AGREEMENT
TRESSA LUTTRELL

Tressa Luttrell, Administrator, addressed the Commission regarding the IS
Department’s agreement with Chad Ray for a fee of $25. Commissioner Herschend
made a motion to approve the agreement. Commissioner Pennel seconded the motion.
Pennel (yes), Herschend (yes), Strahan (yes).

DAVE WOOLERY CONTRACT

Tressa Luttrell, Administrator, stated that on May 10th the Commission approved
Dave Woolery as the Airport Coordinator at a fee of $20 an hour. Luttrell stated that a
line was added to the contract for consulting services that read “As ratified by the action
of the Taney County Commission”. Luttrell explained that the Commission needs to
ratify this action in a public meeting since the original action was done in a work session.

Commissioner Herschend made a motion to ratify the action taken to enter into
this agreement with Dave Woolery prior to signing the agreement. Commissioner Pennel
seconded the motion. The motion passed by vote. Pennel (yes), Herschend (yes), Strahan
(yes).

ACCOUNTS ALLOWED

Commissioner Pennel made a motion to approve accounts payable warrants #
89781-87873 and manual warrant # 4373. Commissioner Strahan seconded the motion
the motion passed by vote. Pennel (yes), Herschend (yes), Strahan (yes).

WAYNE HARDING
SCHOOLHOUSE ROAD

Wayne Harding addressed the Commission regarding a letter he received stating
the Commission made a decision not to hear his petition for Schoolhouse Road. Harding
asked if minutes were taken regarding this decision.
 Presiding Commissioner Pennel stated that to the best of his knowledge there are
no minutes regarding the decision.

Commissioner Herschend clarified there was a posted administrative meeting
where Tressa was instructed not to move forward due to the fact that the Commissions
decision not to hear the petition was not likely to change.

Wayne Harding stated that he doesn’t feel the Sunshine Law was followed
because a decision was made not to hear the petition, action was taken by writing him a
letter, and there was no record of this decision.

Bob Paulson, County Counselor, stated that there needs to be record of any
decision or action taken by the Commission.

Tressa Luttrell, Administrator, explained this was a matter of directing staff in a
work session.

Commissioner Herschend made a motion to ratify the action taken in the
administrative session where the Commission instructed staff not to move forward with a
reposting of the petition because the Commission did not feel that there would be a
change in direction. Commissioner Pennel seconded the motion.

Wayne Harding explained that over two years ago there was a petition that was
lost so he got another petition and neither of them have been heard.

Commissioner Pennel read the following letter written to Wayne Harding
regarding Schoolhouse Road. “Dear Wayne and Gloria, during my administrative work
session with the Commission I mentioned the re-petitioning of your road vacation. I
briefly described my conversation with Bob Paulson and we were to work on it together.
Noting that he stated until the Commission is ready to change their mind there is no need
in proceeding. It’s obvious that re-petitioning at this time will be a waste of everyone’s
time, as the Commission doesn’t intend on vacating that portion of road. Should you have
any questions please contact this office.”

Commissioner Strahan stated he went and checked with the power company about
changing the pole and about the easement on the other road. Strahan further stated that
this road petition had been brought up before he was a commissioner and that Wayne
Harding had volunteered to donate land for a parking lot however, after looking at the
petition he saw there were some people against this road being taking in. Strahan asked
Harding how long the road had been a county road prior to him buying the property?

Wayne Harding stated that it was never a county road and that it was owned by
the landowner. Harding explained the road was deeded to the county through a real
estate deal.

The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes)
 Commissioner Herschend made a motion not to consider any other action on
Mountain Grove Road and continue to utilize Schoolhouse Road as a county road.
Commissioner Pennel seconded the motion. Pennel asked for clarity on taking action.
Herschend clarified that Wayne Harding is asking the Commission to consider taking
property off a road that the county already has stating “if we say we are going to keep this
as a county road and maintain it as a county road I don’t want him to think that we are
planning to change our minds in a couple of months.” Pennel withdrew his second.

Commissioner Herschend made a motion to reject Wayne Harding’s current offer
to re-locate and improve one road while abandoning Schoolhouse Road.

Tammy Hagler, 911 Administrator, stated that a letter was sent to 911 by Pastor
Krueger trying to get the name of the road changed. However, after speaking to Gloria
Harding and Jesse Box she discovered Gloria Harding did not want the name of the road
to be changed nor did Jesse Box want his address changed which is in conflict with what
the letter stated. Hagler further stated that a follow up was done and the name change is
now a dead issue.

Commissioner Pennel seconded the motion to reject the offer. Pennel explained
that the reason he wants to reject Wayne Harding’s offer is because the landowner gave
the property to the county because he wanted it to be a road and until he hears otherwise
he is not going to make a decision to go close the road. Harding stated the landowner
deeded it to the county and now it is in the counties hands not the landowner. Pennel
asked Harding if he thought the landowner did not intend for the county to keep the road
open. Harding stated he didn’t think it was a big deal to the landowner.

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

Commissioner Pennel asked Harding for a yes or no answer as to the landowner’s
original intent. Pennel stated that he will verify whether or not the landowner wants the
road to remain open.

Donna Neeley, County Clerk, clarified that according to statute only motions are
required to be recorded.

JAMES STRAHAN

James Strahan, Assessor, clarified that Russ Schenewerk has 3 cases involving tax
assessment instead of 20 and stated there are 104 different parcel numbers.

Donna Neeley, County Clerk, stated that by statute the third Monday in June is
the deadline for Board of Equalization applications and that two were received after the
deadline however, according to statute the Commission has authority to extend the
deadline.
 JOHN SOUTEE

Presiding Commissioner Pennel stated that Eddie Wolfe wants the Commission to
use their authority to override the procedure of Planning and Zoning and Sewer so they
can pull a permit and get there project started and for them to look at the procedure they
are going through to see if it needs to be changed.

John Soutee, Sewer District Administrator, clarified they would need a
compliance letter that would demonstrate to Planning and Zoning that the developer is in
compliance with the regional sewer district and that also included compliance letters from
the electric company and water or the Department of Natural Resources. Soutee further
stated that the Sewer District can’t give a compliance letter until DNR approves the
wastewater portion of the power plant.

Commissioner Herschend asked if they were to issue a building permit could the
developer sell units or lots. Soutee explained if they don’t record their plat they could
contract for sale but they couldn’t actually convey their property. Herschend then asked
if the Commission gives the compliance letter could they record their plat at that time.
Soutee replied, “That would be up to Planning and Zoning.” A general discussion ensued.

Commissioner Herschend stated that the Commission can review the process as
Eddie Wolf requested but expressed a concern about putting citizens or the environment
at risk which is potentially what could happen if this developer was granted a permit
before going through the proper procedure.

John Soutee explained that the process of recording plats is an excellent tool in
working with Planning and Zoning and stated that he would hate to see holes chipped in
that process.

TITLE III MONEY

Commissioner Herschend asked Donna Neeley, County Clerk, about the follow
up of Title III Monies. Neeley stated that the a letter was sent with the checks for the last
Title III Project explaining the deadline for this Title III was June 1, 2005. Neeley
explained that only one application was received before the deadline however, the other
entities can apply for the remaining monies, which will be awarded later this year.
Neeley further stated that a response is on its way as to using federal funds to match
federal funds.

CERF

Rick Findley, Auditor, explained that an issue has come up with an employee who
was part time in 2002 and went to full time in 2003. Findley stated the employee’s start
date for benefits and CERF should have gone into effect when the employee went full
time but CERF is using the start date when the employee was first hired. So CERF is
wanting the county to pay for the window in between the two dates.
 PUBLIC COMMENT

Art Beck addressed the Commission in regards to Eddie Wolf stating that Wolf
goes around and surveys land and doesn’t have approval from the Department of Natural
Resources or anyone. Beck also expressed a concern about the new walking trail, stating
that it is a hunting area and is afraid someone will get shot.

PRIOR MINUTES

Commissioner Strahan made a motion to approve minutes from May 11, 18, and
June 6,10,13, and 15. Commissioner Pennel seconded the motion. The motion passed by
vote: Pennel (yes), Herschend (yes), Strahan (yes).

RECESS

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

Minutes taken and typed by: Hillary Bargman