Commission Minutes Unofficial

SEPTEMBER 26, 2005 THE 27TH 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 Rick Findley followed by the pledge.

TIF PROPOSAL
TRESSA LUTTRELL

Tressa Luttrell, Administrator explained that a request letter for TIF Proposals
was written with the help of Bob Paulson, County Counselor and was sent. Luttrell
further explained that Husch and Eppenberger were the only ones to submit a proposal.

Commissioner Herschend stated that the redevelopment area that is chosen should
be based on what is the most advantageous project for the county as a whole.

Commissioner Herschend made a motion to table this until the Commission has
had a chance to determine the next step in the process. Commissioner Pennel seconded
the motion to table. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan
(yes).

GLORY ROAD

Presiding Commissioner Pennel stated that Glory Road is included on the petition
for Venice on the Lake. Pennel explained that he has looked at the road and stated that it
right behind Morning Glory Road.

Commissioner Herschend made motion to take in Glory Road as a Class 6 but
only maintain the section of the road with houses. Commissioner Pennel seconded the
motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

PRIOR MINUTES

Commissioner Strahan made a motion to approve the minutes from August 15,
25, 29 and September 1,7,13,15. Commissioner Pennel seconded the motion. The motion
passed by vote: Pennel (yes), Herschend (abstain), Strahan (yes).

ACCOUNTS ALLOWED

Commissioner Strahan made a motion to approve accounts payable warrants #
91090-91157. Commissioner Herschend seconded the motion. The motion passed by
vote: Pennel (yes), Herschend (yes), Strahan (yes).
 SURPLUS FUND TAX SALE
SHEILA WYATT

Sheila Wyatt, Collector presented the Commission with the following statement
regarding the Surplus Fund from the Tax Sale:

Office of the Taney County Collector
Sheila L. Wyatt, Collector P.O. Box 278
Ph 417-546-2081 * Fax 417-546-3525 Forsyth. Missouri 65653-0278

September 26, 2005

TO: Surplus amount for the 2005 Tax Sale
RE: Taney County Commission

I present a statement of the surplus amount bid and as of today unclaimed for the 2005 Tax Land Sale held
the fourth Monday of August. I present to you a written statement with the parcel number, the owner’s
name the property was sold in from the assessor’s file along with the legal description and surplus amount.
This list and well as the tax sale are done according to RSMo 140.230.

Each owner has been notified of the sale of the property.

Upon approval of the statement by you our county commission I will give a copy of the statement to our
County Treasurer, Helen Soutee, to be credited to the county school fund and held for a term of three years.

Within the time period the owner or legal representative may come forth and claim the surplus bid on their
land after redeeming the property or a collector’s deed has been issued. After the time period is passed our
county treasurer will distribute all unclaimed surplus funds to the schools as designated. I will include in
the amount $269.89 charged according to RSMo 140.280 when a bidder causes a sale to be void. The
amount of the surplus is $70,339.72 plus the $269.89 causing the total to be $70,609.61

Commissioner Herschend made a motion to approve the surplus amount for the
2005 Tax Sale as submitted by Collector, Sheila Wyatt. Commissioner Pennel seconded
the motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

Sheila Wyatt then explained that when a piece of property goes to a 4-year sale it
is considered subsequent possession. Wyatt further stated that the law says to apply the
first amount to the county for the publication costs and if there is any money left, then it
goes towards the taxes against the property from the most delinquent tax year. Wyatt
added that a tax sale deed is then given to the buyer and the new property owner is
responsible for taxes from that point on. A general discussion ensued.

RICK FINDLEY

Rick Findley, Auditor stated that Gary Morgan and John Lavender informed him
about equipment in storage that is worth nothing and that they have found someone who
is willing to buy it. Findley asked if the Commission would be willing to sell some of the
stuff in storage in order to create more space.
 Commissioner Herschend suggested that the Commission not take action until
next week and asked Findley to look into how much this stuff usually sells for in auctions
of the past. Herschend further stated that the Prosecutor might not want to release some
of the items he has in storage which will determine whether the county will have enough
stuff to have an auction this year or not. Herschend explained that they should make sure
there will be no auction before deciding whether to sell the equipment or not.

Bob Paulson, County Counselor stated that as long as the county deals with the
sale in a commercially reasonable manner, he sees no problem with selling the equipment
in storage.

RON HERSCHEND

Commissioner Herschend stated that Bob Paulson, County Counselor provided a
document at his requests that he would like approval on. Herschend explained that the
contractors for the Table Rock Acres Sewer Improvement Project are concerned that they
will be pulled into a law suite by the previous contractor and would like to be held
harmless. Herschend read the following agreement that he is requesting to be approved
by the Commission:

Taney County agrees to indemnify and hold harmless Contractor from any claims or causes of action
brought by J. C. Industries, Inc., the previous contractor on the Table Rock Acres Sewer Improvement
Project, if said claims or causes of action result in J. C. Industries, Inc. filing a lawsuit against Contractor
alleging that Contractor has interfered with J. C. Industries, Inc.’s contractual rights with the City of
Branson. Said indemnity and hold harmless includes all costs and expenses incurred by Contractor in any
such lawsuit, including Contractor’s reasonable attorneys’ fees.

Presiding Commissioner Pennel asked if the contract would be with Taney
County or the City of Branson. Commissioner Herschend explained that it is with City of
Branson and that the contractor just wants to know that someone will stand behind them
if there is a law suite.

Bob Paulson, County Counselor stated that there is a vested interest and that
without it the contractor could potentially raise their bid to cover a law suite but if they
don’t get sued then the county would have paid them a premium for nothing.

Commissioner Herschend made a motion to move into an indemnity agreement
with the contractors of Table Rock Acres Sewer Improvement Project. Commissioner
Strahan seconded the motion. The motion passed by vote: Pennel (yes), Herschend (yes),
Strahan (yes).

BRANSON REGIONAL AIRPORT MEETING

Commissioner Herschend stated that a meeting was held with the developers of
the Branson Regional Airport and it was requested that the county finance the project.
Herschend further stated that there were a lot of great suggestions by various business
owners in Taney County and suggested having a work session to figure out where to go
next with the project.

Commissioner Pennel responded that they also visited with the City of Branson
and suggested meeting with them to see where they stand on the situation.

Commissioner Strahan suggested having the TIF Board look it over before having
a work session to either get their approval or denial. A general discussion ensued.

It was decided that the Commission would have a work session on the issue later
on in the week.

MODOT

Presiding Commissioner Pennel asked about the status on the check for MoDot
and suggested pushing it through to hurry the process for the stoplights on F Highway.
Pennel further explained that the county has an agreement with MoDot to pay the money
upfront and be reimbursed later for the project. Commissioner Herschend requested that
the check be submitted by the end of the week.

FORSYTH BOARD MEETING

Presiding Commissioner Pennel stated that he attended the Forsyth School Board
meeting and presented the counties need for a new jail facility. Pennel also explained to
Dick Clark that he mentioned Clark’s desire for schools to contribute money to the
project.

RECESS

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

RECONVENE

The County Commission reconvened via telephone at 12:00 p.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.

VARIANCE TO BUILDING CODE

Commissioner Herschend made a motion to approve a variance to the building
code to allow David Gibson to proceed with construction prior to the normal BOA
process. Commissioner Strahan seconded the motion. The motion passed by vote: Pennel
(yes), Herschend (yes), Strahan (yes).
Note: Gibson understands and is assuming the risk of not being able to proceed with
construction after the BOA meets.

MODOT TRAFFIC STUDY

Commissioner Herschend made a motion to work with MoDot on a traffic study
which determine the most cost effective way in relieving traffic from the East to the West
side of the County. Commissioner Pennel seconded the motion. The motion passed by
vote: Pennel (yes), Herschend (yes), Strahan (yes).