Commission Minutes Unofficial

NOVEMBER 28, 2005 THE 16TH DAY
OF THE OCTOBER ADJOURN TERM

The County Commission met in Associate II Circuit Courtroom at 9:05 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.

HAVENER HOUSE

Commissioner Herschend made a motion to approve a check to be cut for the
closing of the Havener House in amount of $99262.66 at 4:00 p.m. November 28, 2005.
Commissioner Strahan seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (yes).

COX COMMUNICATIONS

Bob Paulson, County Counselor informed the Commission that he received a
letter concerning the transfer and conveyance of Cox Communications and that the
Commission had a certain time frame in which to comment on the transfer.

Presiding Commissioner Pennel explained that neither the county nor city have
any say on the pricing of Cox Communication they can just comment on the transfer.

Commissioner Herschend suggested that the counties comments reflect the fact
that the county has had difficulties with lines being dug and that Cox Communications
has acted irresponsibly in the past. No motions were made and no votes were taken.

SMACOG

Tressa Luttrell, Administrator asked the Commission if they are still interested in
being a member of Smacog? Luttrell further stated that the deadline for the $2500 due is
coming up soon.

Presiding Commissioner Pennel explained that Smacog benefits Planning and
Zoning and that they were the ones who came up with Taney County’s Disaster Relief
Plan. Commissioner Herschend added that Smacog’s work could be beneficial when the
building code issue is placed on the ballot. No motions were made and no votes were
taken.

MASTER PLAN

Presiding Commissioner Pennel stated that someone always asks him about a
Master Plan at Planning and Zoning meetings and suggested planning a separate meeting
or work session to further discuss a Master Plan. No motions were made and no votes
were taken.

PRIOR MINUTES

Commissioner Herschend made a motion to approve minutes from November 21,
2005. Commissioner Pennel seconded the motion. The motion passed by vote: Pennel
(yes), Herschend (yes), Strahan (yes).

Note: The Commission decided that they would like to specify Larry Van Gilder as the
chairmen up for reappointment who was mentioned in the minutes being approved.

BUILDING CODES
KURT LARSEN AND LARRY ROWLAND

Kurt Larsen, Planning and Zoning addressed the Commission regarding questions
that were asked about the amendment of building codes. Larsen stated that one of the
proposed amendments was to change the section that says “one acre or less” to say “less
than one acre” in order to meet the Department of Natural Resources requirements.
Larsen explained that the wording is misleading because “one acre” is in another
requirement category than “less than one acre”.

Bob Paulson, County Counselor suggested amending the wording of the code to
say “equal to or greater than one acre” to avoid any further confusion.

Larry Rowland stated that this change in wording must be taken back to be
approved by Planning and Zoning and then once the amendments are approved they
should be brought back before the Commission for their final approval.

Presiding Commissioner Pennel asked why the Department of Natural Resources
has anything to say about the code. Kurt Larsen explained that Planning and Zoning used
to function under the Department of Natural Resources and the county’s code has to be
brought under their code.

Bob Paulson added that the county can require more than what is required in
DNR’s code but has to at least have the same minimum requirements.

Kurt Larsen went on to explain that the 50 feet minimum easement requirement
mentioned at last weeks meeting has been in the code for as long as he can remember and
that it is to protect the county from someone running an easement back a few acres and
then wanting to split the property.

Commissioner Herschend asked if the property owner wants to subdivide the back
five acres, is there a requirement that limits them to only one split? Kurt Larsen stated
that if there are less than six lots then it is a minor subdivision and they could split more
than one time.
 Commissioner Pennel asked why the minimum easement requirement for the
county to take in a road is 40 feet, but the code states there is a 50 feet easement
requirement for a new development?

Commissioner Strahan added that he does not want to send a mixed message to
citizens by having both 40 feet and 50 feet easement requirements.

Kurt Larsen explained that new subdivision must build to the 50 feet easement
standards but some older roads were not built to these requirements and that they are two
different issues. A general discussion ensued.

Tressa Luttrell, Administrator suggested the Commission get Planning and
Zoning together for a work session to further discuss and clarify these issues. No motions
were made and no votes were taken.

LETTER TO PETER RAE

Commissioner Herschend stated that he sent a letter to Peter Rae about moving
his safe from the storage building that is being torn down. Herschend went on to explain
that Mr. Rae did not respond to his first letter and plans on sending him a follow up letter.
Commissioner Herschend made a motion to send another letter to Peter Rae about the
storage of his safe confirming that it needs to be taken care of and to have him
communicate with the Commission before December 1, 2005.

Presiding Commissioner Pennel expressed a concerned that a letter it is not very
definitive as far a resolving the issue. Herschend clarified that the letter indicates if Mr.
Rae does not come and get his safe the county will be storing it outside.

Commissioner Herschend amended his motion to reflect that Peter Rae has until
December 10, 2005 to let the Commission know what he plans to do with his safe.
Commissioner Strahan seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (yes).

RESCHEDULED WORK SESSION

Commissioner Herschend suggested rescheduling the work session that was
cancelled. It was decided that the meeting would be rescheduled at 9:00 a.m. on
Wednesday December 7, 2005 at the airport to discuss a memorandum of understanding.
No motions were made a no votes were taken.

JAIL FUNDING

Rick Findley, Auditor stated that he has reviewed the budget and determined that
the county can borrow money from other funds that have extra money in them to help
fund the jail.
 Commissioner Herschend stated that he would appreciate any opportunity to save
money and reminded Findley that the sewer board has a $23 million dollar project plus a
few other projects in the works.

Commissioner Strahan stated that he thought these were all factors that we were
going to consider only if the tax didn’t pass?

Presiding Commissioner Pennel told Findley if he could figure out a way to save
money then, “lets do it.” No motions were made and no votes were taken.

RECESS

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

RECONVENE
10:50

EXECUTIVE SESSION

Commissioner Herschend made a motion to go into Executive Session pursuant to
RSMo 610.021. (1), (2), (3). Commissioner Pennel seconded the motion. The motion
passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

RECONVENE

The County Commission reconvened in County Commission Office at 11:10 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.

ACCOUNTS ALLOWED

Commissioner Pennel made a motion to approve Accounts Payable warrants #
92130-92173 and manual warrant # 4421. Commissioner Strahan seconded the motion.
The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).