Commission Minutes Unofficial

AUGUST 8, 2005 THE 8TH DAY
OF THE JULY 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.

ROAD PETITION
PINE TOP ROAD

Commissioner Herschend read the following road petition. Pine Top Road in
Scott Township, section 12, 13, 30-31, 32, and 33, township 21 north, range 21. No
dedicated right of way 40-foot. Road is 14 to 18 ft in width and 2.8 miles in length. 1.15
miles is gravel and 1.65 miles is chip and seal with five existing entrances. Road and
Bridge comments: The gravel section of the road is narrow in places with some potholes
and the chip and seal section is fair to good shape with possible drainage problems
ditches present on part of the road. Pine Top is recommended as a Class 5.

Randy Haes, Road and Bridge Assistant Engineer stated that the he couldn’t find
the Platte for the 40-foot right of way just a survey. Haes further stated that Pine Top
Road would make a good alternate route for future development plans in that area.

Commissioner Strahan stated that he has driven the road and it was decided in a
meeting that Pine Top would be a detour for Fox Creek Road. Commissioner Strahan
made a motion to take in Pine Top Road as a Class 5 county road. Commissioner
Herschend seconded the motion.

Commissioner Herschend suggested that Strahan amend his motion to say
contingent upon a deeded 40-foot right of way.

Commissioner Strahan amended his motion to take in Pine Top Road contingent
upon a deeded 40-foot right of way. Commissioner Herschend seconded the amended
motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

Commissioner Herschend clarified that he would normally not vote for this road
because taking in a 2.8 mile road for five dwellings is not a feasible way to spend county
funds however, it makes sense for this road because of its use as a detour.

BUILDING CODES

Presiding Commissioner Pennel stated that he wants to keep the issue of building
codes in front of the public and that Bob Paulson; County Counselor has presented the
Commission with ballot language for building codes.
 Bob Paulson, County Counselor explained that some dates might be better than
others to put this issue on the ballot.

Commissioner Herschend stated that the language is very clear and speaks to the
issue of a politician getting out of control which addresses fears the citizens might have.

Commissioner Pennel explained that he wants to establish how strictly the code
will be enforced and how many inspectors the County will have. Pennel stated that he
feels the Commission should go ahead and get it on the ballot and let the people decide
whether they want it or not. Pennel then asked if the Commission is ready to pick a date
to put the issue on a ballot or wait.

Commissioner Strahan expressed that he feels the Commission should wait until
this issue is further discussed before deciding. Strahan clarified that he is neither for or
against this issue and that the Commission is not making this decision it is the taxpayers
and voting citizens who will make the decision to have building codes.

Commissioner Herschend made a motion to decide what election to put this issue
on, before September 1, 2005 and to put this issue on the ballot no later than April 2006.
Pennel seconded the motion.

James Strahan stated that he realizes building codes are important but there are
enough building codes in place for Taney County. Strahan expressed a concern about the
county not holding any public hearings to get the opinions of the citizens prior to making
the decision to put this issue on the ballot. Strahan explained that he is against building
codes and feels that setting up another inspection process creates another bureaucracy to
the citizens of Taney County

Commissioner Herschend explained that the issue is being addressed because
citizens have brought it to the Commission and expressed that he feels it would be
beneficial and could potentially save citizens from having to sue a contractor for a poorly
built house. Herschend went on to state that the “public has a right to determine whether
or not they want someone that’s looking out for their best interest.”

Charlie Beck, Building Inspector for Central Fire Department stated this issue was
put on a ballot in a past election and that 86% of the people who voted wanted building
codes in Taney County. Beck explained that responsibility for complete building codes
does not belong to the fire department but to county or city. Beck further stated that he is
in favor of building codes and feels this issue will have no trouble passing on a ballot.
Beck clarified that the inspection process in on a voluntary basis and that the fire
department only does commercial not residential building code inspections. A general
discussion ensued.
 Rick Findley, Auditor suggested putting building inspection codes on a voluntary
basis and to let the individuals decide whether they want building codes or not and then
live with the consequences if they choose not to have an inspection.

Commissioner Strahan expressed a concern about employing reliable inspectors
and addressed the issue of not having enough inspectors and contractors being held up
because they have to wait on inspectors. A general discussion ensued.

James Strahan brought up mobile homes and asked who inspects them? Strahan
further estimated that 90% of fires are mobile homes and most of that is wiring in a wall.

Bob Paulson, County Counselor clarified that a mobile home would be considered
personal property not real estate. Strahan stated that 90 % of mobile homes are set on the
ground and are considered real estate. Paulson explained that mobile homes are
inspected at the factory.

Commissioner Herschend stated that if building codes are passed in Taney
County that the county would adopt the national policy for the inspection of mobile
homes in that policy.

Bob Dixon, Western Taney County Fire Department stated that they only do
commercial inspections not residential and that there is a fee for inspections.

Commissioner Pennel asked Dixon if the county went with the suggestion to have
a volunteer inspection would Western Fire be willing to work with the county? Dixon
answered that he thinks they can work something out. Dixon further explained that
Western has had no problem with their hired inspection employee as far as inspecting
buildings on time.

Mike Rankin, City of Branson addressed the Commission regarding mobile
homes stating that mobile homes come inspected and where he comes from, it is a
requirement of the electric company that the trailer be properly tied down with footings
and then the city inspects it but the inspection does not include the mobile home itself.

Eileen Cooper, Planning and Zoning stated that she has done inspection
scheduling for Central Fire Department and never had a scheduling problem. Cooper
also explained that she now works for planning and zoning and gets calls weekly from
citizens who don’t understand why we don’t have building codes.

Commissioner Pennel expressed that he is not for or against this issue and that he
hopes to get this on the ballot and take it to the vote of the people.

Rick Findley suggested looking at the voluntary inspection first before putting
this issue on a ballot. A general discussion ensued.

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

Commissioner Strahan updated the Commission regarding the Park Board stating
that they are getting a lot of volunteer concrete and things to do projects with, which will
add to the number of projects for this year. Strahan further explained that the park in
Mincy was platted at 5 acres of donated property instead of 2 acres.

MONTHLY BUDGET REPORT
RICK FINDLEY

Rick Findley, Auditor presented the Commission with the following Monthly
Budget Report. Findley explained that most of the departments are up and that the
assessment fund is down this month.

TANEY COUNTY BUDGET
FUND BALANCES AS OF JULY 2005
PERIOD TO YEAR TO PERIOD TO YEAR TO
DATE DATE DATE DATE
GENERAL COUNTY REV LAW ENFORCE TRAIN FUND
BEGINNING BALANCE 0.00 13,154,890.79 BEGINNING BALANCE 0.00 1,300.78
REVENUES 1,033,587.92 5,735,780.06 REVENUES 582.50 3,872.41
TOTAL REVENUES GCR 1,033,587.92 18,890,670.85 TOTAL LET REVENUES 582.50 5,173.19
TOTAL GCR EXPEND 825,008.92 5,075,521.87 EXPENDITURES 0.00 2,220.23

TOTAL GCR FUND BAL 208,579.00 13,815,148.98 TOTAL LET FUND BALANCE 582.50 2,952.96

ROAD & BRIDGE PROS ATT TRAINING FUND
BEGINNING BALANCE 0.00 6,673,957.30 BEGINNING BALANCE 0.00 6,189.36
REVENUES 119,567.08 751,935.36 REVENUES 161.96 1,046.90
TOTAL RB REVENUES 119,567.08 7,425,892.66 TOTAL PAT REVENUES 161.96 7,236.26
EXPENDITURES 2,899.40 294,373.09 TOTAL PAT FUND BALANCE 161.96 7,236.26
TOTAL RB FUND BAL 116,667.68 7,131,519.57

ROAD & BRIDGE TRUST COUNTY INSURED FUND
BEGINNING BALANCE 0.00 8,980,798.03 BEGINNING BALANCE 0.00 271,508.27
REVENUES 536,100.65 3,363,743.29 REVENUES 668.61 3,602.07
TOTAL RBT REVENUES 536,100.65 12,344,541.32 TOTAL INSURED REV 668.61 275,110.34
EXPENDITURES 524,642.18 4,018,275.88 EXPENDITURES 5,333.73 35,919.49
TOTAL RBT FUND BAL 11,458.47 8,326,265.44 TOTAL INSURED FUND BAL (4,665.12) 239,190.85

ASSESSMENT FUND 911 FUND
BEGINNING BALANCE 0.00 19,815.20 BEGINNING BALANCE 0.00 1,422,209.59
REVENUES 3,364.27 293,764.51 REVENUES 48,495.98 330,955.72
TOTAL AF REVENUES 3,364.27 313,579.71 TOTAL 911 REVENUES 48,495.98 1,753,165.31
EXPENDITURES 53,870.08 311,927.87 EXPENDITURES 228,624.30 318,503.42
TOTAL ASSEMENT BAL (50,505.81) 1,651.84 TOTAL 911 FUND BALANCE (180,128.32) 1,434,661.89

ELECTION FUND SEWER FUND
BEGINNING BALANCE 0.00 42,943.67 BEGINNING BALANCE 0.00 10,330,399.01
REVENUES 132.26 5,420.57 REVENUES 548,891.84 4,118,964.00
TOTAL ELECTION REV 132.26 48,364.24 TOTAL SEWER REVENUES 548,891.84 14,449,363.01
EXPENDITURES 504.70 504.70 EXPENDITURES 151,296.04 1,046,594.59

TOTAL ELECTION FUND TOTAL SEWER FUND
BALANCE (372.44) 47,859.54 BALANCE 397,595.80 13,402,768.42

TRANSFER STATION FUND SEWER DESIGNATED FUND
BEGINNING BALANCE 0.00 512,938.96 BEGINNING BALANCE 0.00 895,442.76
REVENUES 43,955.71 244,385.42 REVENUES 30,007.08 30,007.08
TOTAL TS REVENUES 43,955.71 757,324.38 TOTAL SEWER REVENUES 30,007.08 925,449.84
EXPENDITURES 22,170.50 216,584.71 TOTAL SEWER BAL 30,007.08 925,449.84
TOTAL TS FUND BAL 21,785.21 540,739.67 TOTAL ALL SEWER FUNDS 427,602.88 14,328,218.26

LEPC FUND SHERIFF CIVIL FUND
BEGINNING BALANCE 0.00 18,323.47 BEGINNING BALANCE 0.00 58,842.49
REVENUES 25.46 1,833.49 REVENUES 232.66 51,236.48
TOTAL LEPC REV 25.46 20,156.96 TOT SHERIFF CIVIL REV 232.66 110,078.97
EXPENDITURES (495.00) 10,348.87 EXPENDITURES 2,127.49 27,118.12
TOTAL LEPC BALANCE 520.46 9,808.09 TOTAL SHERIFF CIVIL BAL (1,894.83) 82,960.85

TAX MAINTENANCE FUND
BEGINNING BALANCE 0.00 163,669.73
REVENUES 5,615.43 75,145.42
TOTAL MAINT FUND REV 5,615.43 238,815.15
EXPENDITURES 0.00 107,856.25

TOTAL MAINTENANCE FUND
BALANCE 5,615.43 130,958.90

SCENIC ROAD
BOB PAULSON

Bob Paulson, County Counselor stated he is doing all he can to get the road
platted most of it is correct but he is working with property owners on some parts of the
road which might have to be replatted.

DEPUTY CORONER

Commissioner Herschend made a motion to follow RSMo 58.160, Deputy’s
Appointments and Compensation, to pay the Deputy Coroner Elisha Woody the same
salary as the Coroner until the position is filled. Commissioner Pennel seconded the
motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

Commissioner Herschend clarified that she will be paid the Coroner’s salary from
the time she took on the duties of the Coroner.

LANE ROBERTS

Lane Roberts addressed the Commission concerning his properties land use.
Roberts explained that in 2002 he wanted to build a house on an acre of land and that
planning and zoning told him anything under two acres must have a permit so he got a
permit from sewer and now there is some confusion as to whether he should have gotten
a permit or not. Roberts expressed a concern that there might be issues in the future and
wants the Commission to state that his current land use will not be questioned or
challenged in the future.

Commissioner Herschend explained this came up a few years ago and explained
that in 2002 Planning and Zoning had a 2-acre requirement and Sewer had a 1-acre
requirement. Herschend stated that the Commission is not in the position to undo what
has already been done and has no authority to bind future planning committee’s from
having questions. A general discussion ensued.

DONNA NEELEY

Donna Neeley, County Clerk stated that the Board of Equalization is now in
balance and the Total Assessed Valuation to the county is $738,690,163, during BOE we
had an increase of $130,470, a deduction of $3,499,110, and in addition to that an
increase of omitted property of $1,145,060.

Commissioner Herschend stated he would like the opportunity to critique the
BOE process so if there is anything they want to do differently it can be recorded for next
year.

ACCOUNTS ALLOWED

Commissioner Strahan made a motion to approve accounts payable warrants #
90322-90424 and manual warrant # 4382. Commissioner Herschend seconded the
motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

OACAC

Presiding Commissioner Pennel stated that he got a report from Brenda Carlson,
OACAC, with the need and demand analysis and that the county funded $2,000 for
affordable housing.

Mike Rankin, City of Branson stated affordable housing is high on the need and
demand analysis and that the county funded three houses and the City of Branson funded
two houses.

Commissioner Pennel stated that he is going to speak tonight at the Branson City
Counsel meeting during public comment on the working relationship between the county
and the City of Branson.

ART BECK

Art Beck asked Commissioner Strahan if he has contacted any building and trade
from Springfield to help with the Park Board. Strahan stated he has been in contact with
different counties and explained that they are not to that point yet. Beck also asked if a
housing development has come to the county and asked for permission to run sewer
through ditches. It was decided that Commissioner Herschend would check with road and
bridge.

RECESS

EXECUTIVE SESSION

Commissioner Strahan made a motion to go into Executive Session pursuant to
RSMo 610.021 (1) (2) (12). Commissioner Pennel seconded the motion. The motion
passed by vote: Pennel (yes), Herschend (absent), Strahan (yes).

RECONVENE

The County Commission met in the County Commission Office at 2:10 p.m.
pursuant to adjourn with Chuck Pennel, Presiding, Ron Herschend, Western District, and
Danny Strahan, Eastern District present.

JAIL TAX

Commissioner Herschend made a motion to direct Counsel to write ballot
language for Jail Tax to be put on the November 2005 ballot. Commissioner Strahan
seconded the motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan
(yes).

Ordered that the Commission recess.

Minutes taken by: Hillary Bargman and Donna Neeley