2005_12_12_Commission_Minutes_Unofficial.pdf transcript
DECEMBER 12, 2005 THE 19TH DAY
OF THE OCTOBER 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 Sally Catlett followed by the pledge.
ROAD PETITION
HILLMAN/THISLE ROAD
Louis Goebel Jr. addressed the Commission regarding a letter that was sent out
describing a different road than the one he petitioned. Goebel explained that the petition
he received stated that he wanted to establish Thisle Road as a county road however, he
was just asking for a public right of way to Hillman Drive instead. Goebel clarified that
he does not want the county to maintain the road; just open it has a public right of way.
Commissioner Herschend explained to Goebel that his request is difficult because
he is asking that the county establish a public road in the middle of another non-county
road. Goebel clarified that he is just asking for one section of the road to be open for
public access. Goebel asked if a non-public roads needs to have connecting access
points?
Bob Paulson, County Counselor answered that there can’t be a public road that
nobody can get to, there has to be a way to get to the road.
Louis Goebel showed the Commission on the map the section of land he is
requesting to be made into a public road and explained that it is just one section on the
eastern most part of the road. A general discussion ensued.
Bob Paulson stated that just because a road is dedicated to the public doesn’t
mean it is a public road. Commissioner Strahan asked about the statute that says if the
public uses a road for an amount of time it becomes a public road? Paulson responded
that in RSMo 228.190 it states,“…all roads that have been used as such by the public for
ten years continuously…shall be deemed legally established roads.” Paulson added that
he is not sure if it applies to a platted subdivision, explaining either the road is taken in or
it is left for a court to decide whether it is a public road or not. A general discussion
ensued.
Randy Haes, Road and Bridge commented that he could not drive the road
because there were stumps dumped in middle of it but the road seemed otherwise
passable.
Commissioner Herschend read a remonstrance to this petition stating that 12
registered and 11 non-registered voters signed to stop the action of opening the road for
public access, stating that the road has never been open to the public.
Nancy Hawk presented the Commission with pictures and documents of the road.
Hawk stated that when the public uses the road, there is always trash thrown everywhere.
Hawk added that there are no houses along the road and it would be wasteful for the
county to come in and spend money taking in the road. Hawk also pointed out that there
was some confusion as to where the road is actually located.
Commissioner Herschend explained that Goebel just wants to be able to access
his lot on the platted road and expressed a concern about stopping a property owner from
having access to the road. A general discussion ensued.
Presiding Commissioner Pennel stated that he understands the concern about not
wanting trash dumped on the road however, is not sure whether it is the Commissions
place to declare it a road or not. Hawk clarified that no one in the subdivision denies that
it is a platted road and that no one is denied access for walking on it however, feels that
the county should improve other roads that have people living on them.
Commissioner Herschend made a motion to table this for 30 days and to ask Mr.
James Negly to clear everything that he has placed on the road that prevents property
owners from traveling on the road and in the event that the subdivision is not used by all
owners, then the county will proceed accordingly. Herschend added that the property
owners are due access because they have purchased land.
Commissioner Strahan added that the question about where the road is located
needed to be straightened out with 911 in case of an emergency in the area.
Commissioner Strahan seconded the motion to table the petition. The motion passed by
vote: Pennel (yes), Herschend (yes), Strahan (yes).
CLEARWATER DRIVE ADDITION
Presiding Commissioner Pennel stated that the petition for Clearwater Drive was
tabled on September 19, 2005 and he has now looked at the road. Commissioner Pennel
made a motion to take in Clearwater Drive for county maintenance. Pennel added that it
looks like its been asphalted twice and the county has maintained it all the way down to
Corp property. The motion died for the lack of a second
Randy Haes explained that his report claims there are three dwellings however,
only two of them actually have access off of Clearwater Drive.
Commissioner Herschend clarified that only one house is being served by the road
and one dock. Herschend explained that the county used to carry permits for public
access to docks but stopped because of the Corp fees and added that to access a dock for
a subdivision concerns him.
Commissioner Pennel stated that the county has maintained the road for sometime
and the expectation is there. Pennel added that they are only talking about maintaining
25% of the road and asked if we should just maintain it down to the Corp land.
Commissioner Herschend stated that they would be doing that for one home with only a
15 feet road surface.
Norman Van Liew addressed the Commission stating that this has been going on
for a long time and that the people who bought property along Clearwater Drive were
under the assumption that it is a county road and would be maintained by the county.
Liew added that the dock situation is not a part of the petition and that the road is used by
everybody in subdivision to go to lake. Liew explained that the county has maintained the
road for years. Liew asked about the statute that says if the county maintains something
for a certain number of years then it becomes a county road? A general discussion
ensued.
Commissioner Strahan stated that the county tries to keep as much lake access
open as possible however; they have no control over Corp property. Strahan added that
he doesn’t the county can maintain it without Corp permission.
Commissioner Herschend made a motion to take in the portion of Clearwater
Drive from the intersection to the driveway of residents as a Class 6, with no snow
removal, maintained at its current width. The motion died for the lack of a second.
Commissioner Pennel stated he his hesitant about snow removal because there is
not a turnaround unless they put it on Corp land. Commissioner Strahan suggested
finding someone who would give property for a turnaround.
Commissioner Pennel made a motion to table this issue and talk to the Corp to see
if a turnaround can be established. Commissioner Herschend seconded the motion to
table. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).
Note: The Commission plans to get back to this by end of the year.
AGENDA RE-ADJUSTMENT
Commissioner Herschend made a motion to re-adjust the agenda to move
Hospital Road up so Bob Simmons could address the Commission instead of having to
wait until 10:00 a.m. Commissioner Pennel seconded the motion. The motion passed by
vote: Pennel (yes), Herschend (yes), Strahan (yes).
HOSPITAL ROAD
BOB SIMMONS
Bob Simmons addressed the Commission regarding a new Hospital road on
behalf of Skaggs Hospital. Simmons explained that they have been discussing an
alternative access to the hospital due to the estimated increase in traffic when Branson
Landing is finished. Simmons stated they should be seeing more concentrated traffic in
the area, which could potentially cause difficulty getting emergency vehicles to Skaggs
Hospital. Simmons presented the Commission with a map of the purposed road.
Bob Phillipps, Skaggs CEO explained that this would allow a second access to the
hospital off of Epps Road. Phillipps stated that they will be putting in a new orthopedic
surgery building and this would give access to the local community. Phillips added that if
a disaster happens downtown there would be access to the hospital.
David Miller stated that with engineering they estimate this project will cost $2.27
million total, which includes a right of way for two lanes.
Presiding Commissioner Pennel asked about the intersection at K Hill? Miller
responded that it would be a one-way T intersection from the north.
Commissioner Herschend asked if anyone has talked to state about doing an
emergency vehicle interchange? Miller answered that the state said “no” because of
certain clearances and sight distance regulations. Herschend then asked if putting a bridge
right off of Roark would save money? Miller explained that a bridge would be more
expensive. Herschend then suggested going through Branson North and purchasing
homes to punch through to the hospital. A general discussion ensued.
Commissioner Strahan stated that the requirement of an easement is the main
thing of interest to lower the cost of the project. Terry Dody, City of Branson stated that
they have met and are willing to recommend that Planning and Zoning get the easement.
Dody then suggested that the Commission contact Sandra and Cookie to see if it can be
acquired. Commissioner Herschend asked Dody, if this were built in joint venture, would
the City of Branson take over the maintenance? Dody answered that the project would be
in the City of Branson they would maintain it, unless the county wants to maintain the
road.
Commissioner Herschend then asked what the timetable would be for the
reimbursement schedule? Dody answered that there is a list of prioritized projects
including a master transportation plan and since this is not yet on the list, it would be 10
to 15 years before the city could reimburse the county.
Commissioner Strahan stated he is interesting in providing services but doesn’t
know where the county will be until more specific figures are presented.
Commissioner Herschend asked, if the county were to say they could get this
project done for $2 million, would the city be able to pay the county back within five or
six years? Dody stated that he feels confident the project will be less than $2 million and
if that were the case then “yes” it is possible but he does not want to say for sure. A
general discussion ensued.
Commissioner Herschend stated that he would be looking at a split with helping
financially and doing construction. Herschend also suggested putting Commissioner
Strahan on a committee for further planning. Herschend added that he feels this is a
community project.
Commissioner Strahan suggested also looking into grant possibilities through the
Ambulance District and stated he would like some figures. A general discussion ensued.
It was decided that a work session would be scheduled in 30 days to further
discuss these issues.
Dick Clark stated that it would be more appropriate for Branson Landing, the
state, and the City of Branson to fund this project. Commissioner Pennel responded that
the state is not in on this.
Donna Neeley, County Clerk posed the question, if this project were so important
why wouldn’t they move it up on their master plan.
Art Beck expressed that it sounds like the hospital is trying to get a road put in for
there future development and that the state would corporate with them if it was put to a
vote of the people. Commissioner Pennel stated that they have tried working with the
state several times. A general discussion ensued. No motions were made and no votes
taken.
SEWER BOARD APPOINTMENT
Presiding Commissioner Pennel stated that the appointment for sewer board is
coming up at the end of the year
Commissioner Herschend stated he has a sense of what the appointment would be
however, is not in concurrence at this point. Herschend added that they have asked Larry
Van Gilder to be in a continuous position whether with his employer or not. Herschend
requested a work session be scheduled by Wednesday to review the positions for the
board members. No motions were made and no votes were taken.
RIVERBEND WATER EXTENSION
Randy Haes, Road and Bridge presented the Commission with plans to put in a
pipe to extend Riverbend. Commissioner Pennel stated that he visited with Dave Stewart
who does not have problem with it has long as the Department of Natural Resources
approves the plans. Haes further stated that he is going to do the extending himself as far
as permits and that there will be no crossings on the existing road. Haes added that future
improvements would be discussed at a late time. Haes stated that water lines go up both
sides of the road that the county will be responsible for not hitting.
Commissioner Strahan expressed a concerned about Haes working on easements
when there are water lines involved. A general discussion ensued.
Commissioner Herschend made a motion to deny the request as presented.
Commissioner Strahan seconded the motion to deny. The motion passed by vote: Pennel
(no), Herschend (yes), Strahan (yes).
BUDGETS
Commissioner Herschend stated that he received notification on purchase
requisition request from the Auditor that some accounts were over budgeted. Herschend
added that some elected officials were not clear on their budgets and recommended the
Commission request the budget officer to meet quarterly to discuss budgets line item by
line item. Commissioner Strahan expressed that he would be more comfortable meeting
on a semi annual basis in the interest of being time wise.
Rick Findley, Auditor explained that each department head receives a report
whether they request it or not and that he usually makes everyone aware of expenditures
outside of line items. Findley added that time wise it is not as feasible to meet quarterly
as it is to meet semi annually. Herschend stated that he feels they ought to be working
with elected officials in July to catch the problem early rather than having someone be
over budget. Findley explained that he tries to send reports monthly.
Commissioner Herschend stated that today and tomorrow he would like to sit and
discuss this years expense because the county may be deficit spending this year and he
would like for the commission to understand that. No motion were made and no votes
taken.
ENGINEERING SERVICES AGREEMENT
VENICE ON THE LAKE AND OZARK BEACH
John Soutee, Sewer District Administrator addressed the Commission regarding a
contract from Great River Engineering for a plant study facility for Ozark Beach. Soutee
explained that it has been reviewed and approved by the Sewer Board and now awaits the
signatures of the Commissioners. Soutee stated that the amount is $68, 700 dollars plus
an addition $13,000 dollars for a fly over which would provide information that could be
used on the GIS.
Commissioner Herschend made a motion to approve the agreement and funding
payment as approved by the Sewer Board. Commissioner Strahan seconded the motion.
The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).
ROCKAWAY BEACH WATER SYSTEM
John Soutee stated that he met with the City of Rockaway Beach and got a better
understanding of their situation with trying to improve the water system. Soutee
explained that they are still in debt and that their current system was built in the 80’s.
Commissioner Herschend explained that regional assets were taken from the
Rockaway Beach plant but values were never assigned to municipalities. Herschend
further explained that they continue to have to pay to the benefit of everyone using the
tower. Herschend expressed that he feels there is some responsibility to reimburse them
out of the fees and treatment income received from wastewater facilities. No motions
were made and no votes were taken.
TITLE III MONIES
Donna Neeley, County Clerk stated that she received a letter from Mark Ramsey,
Protem Fire Protection District in regards to Title III Monies. Neeley asked the
Commission if they want an invoice or report from the entities applying for Title III
Monies. Commissioner Strahan stated a list would be appropriate
PRIOR MINUTES
Commissioner Herschend made a motion to approve minutes from December 5,
2005. 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 #
92293-92394 and manual warrant # 4428. Commissioner Strahan seconded the motion.
The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).
TIF COMMISSION
Presiding Commissioner Pennel stated the Commission that needs to decide on
the Branson Hills TIF Commission.
Commissioner Herschend made a motion for Gary Groman and Presiding
Commissioner Chuck Pennel to continue serving on the TIF Commission. Commissioner
Strahan seconded the motion. The motion passed by vote: Pennel (abstain), Herschend
(yes), Strahan (yes).
BOARD OF EQUALIZATION
Donna Neeley, County Clerk stated that the Commission needs to determine what
members to put on the Board of Equalization for 2006.
Commissioner Herschend made a motion to continue as a Commission and
Assessor serving on the Board of Equalization for 2006. Commissioner Strahan seconded
the motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).
RECESS
Commissioner Herschend made a motion to recess. Commissioner Pennel
seconded the motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan
(yes).
RECONVENE
The County Commission met in County Commission Office at 4:20 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.
VACATION TIME
EILEEN COOPER
Commissioner Pennel made a motion to carry over Eileen Cooper’s vacation time
into 2006. Commissioner Herschend seconded the motion. The motion passed by vote:
Pennel (yes), Herschend (yes), Strahan (yes).
ACCOUNTS ALLOWED
Commissioner Herschend made a motion to approve the payment of accounts
payable manual warrant #4299. Commissioner Pennel seconded the motion. The motion
passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).
