Commission Minutes

OFFICIAL
COMMISSION MINUTES
MARCH 12th, 2018 13th DAY OF
THE JANUARY ADJOURN TERM

PRELIMINARY STUDY
The County Commission met in the Commission Conference Room at 8:37 a.m. with Mike
Scofield (present), Brandon Williams (absent), and Sheila Wyatt (present).

The Commission met to review the day’s agenda.

FORMAL AGENDA
The County Commission met in the Commission Hearing Room at 9:03 a.m. with Mike Scofield
(present), Brandon Williams (absent), and Sheila Wyatt (present).

Prayer and Pledge

CALL TO ORDER
Presiding Commissioner Scofield called the Commission meeting to order at 9:04 a.m.

PUBLIC COMMENT
None.

MONTHLY BUDGET REPORT
Rick Findley, Taney County Auditor, came before the Commission to present the Monthly
Budget Report. The expenses for General County Revenue seem to be on track and actually
under just a little.

COMMISSION REMARKS
None.

APPROVE ACCOUNTS PAYABLE
Commissioner Wyatt moved to approve Checks #448845 thru #448873, #448875 thru #448913,
#448915 thru #448941, Warrants #6956 thru #6962. Presiding Commissioner Scofield seconded
the motion. The motion passed by vote: Scofield (aye), Williams (absent), and Wyatt (aye).

Check #448914 held for further investigation.

Commissioner Wyatt left the meeting.

Commissioner Williams present via telephone at 9:06 a.m.

Presiding Commissioner Scofield moved to approve Check #448874. Commissioner Williams
seconded the motion. The motion passed by vote: Scofield (aye), Williams (aye), and Wyatt
(absent).

Phone call with Commissioner Williams ended at 9:06 a.m.

Commissioner Wyatt returned to the meeting.

APPROVAL OF PREVIOUS MEETING MINUTES
Commissioner Wyatt moved to approve March 6, 2018 Regular Minutes. Presiding
Commissioner Scofield seconded the motion. The motion passed by vote: Scofield (aye),
Williams (absent), and Wyatt (aye).

TANEY COUNTY REGIONAL SEWER DISTRICT REQUEST FOR FUNDING-
EMORY CREEK RANCH SUBDIVISION
Brad Allbritton, Regional Sewer District Administrator, and John Soutee, Taney County
Environmental Services Project Coordinator, came before the Commission to present the Taney
County Regional Sewer District Request for Funding - Emory Creek Ranch Subdivision.

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Presiding Commissioner/ ; ^ ^ ; Eastern Commission^ . / g ^ Western Commissioner
Discussion ensued.

Commissioner Wyatt moved to approve the Taney County Regional Sewer request for the
funding agreement for Emory Creek Ranch Subdivision Project. Presiding Commissioner
Scofield seconded the motion. The motion passed by vote: Scofield (aye), Williams (absent),
and Wyatt (aye).
INTER-GOVERNMENTAL FUNDING AGREEMENT I. Scope of Agreement
BETW EEN
TANEY COUNTY, M ISSOU RI A. The County Agrees:
AND 1. To provide funding for the Emory Creek Ranch Subdivision Sewer Project, up to
TH E TANEY COUNTY REG ION A L SEW ER D ISTRICT S50,000.00. No additional Sewer Sales Tax funds above that stated in this agreement
will be allocated to the project without prior written approval from the County
EMORY CREEK RANCH SUBDIVISION SEWER PltOJF.CT Commission prior to any additional work being performed.
(Engineering, Perm itting, Land Acquisition, Legal Services, and Construction) 2. The County will review and approve funding requests submitted, with invoices, by the
District on or about the l51 and 15lh o f each month. The County agrees to pay the
TH IS AGREEM ENT is made and entered into between Taney Count)', Missouri (hereinafter District within 15 days of submission o f each funding request.
referred to as “County) and the Taney County Regional Sewer District (hereinafter referred to as 3. That the Taney County Environmental Services Project Coordinator will review the
‘‘District’’). final project plan with the District and verify that the project meets the criteria outlined
in the attached Exhibit A to be funded through the Sewer Sales Tax.
WITNESSETH:
4. That the Taney County Environmental Services Project Coordinator will review
written progress reports submitted by the Project Engineer, and approved by the
W HEREAS, the County is a political subdivision o f the State o f Missouri; and District Administrator, on a quarterly basis.

W HEREAS, the District is a political subdivision of the Slate o f Missouri governed by Chapter 5. That the Taney County Commission will review requests, made by the District, for
204, formerly known as Chapter 644 and renumbered in 1986, and the District has the power to approval o f additional Sewer Sales Tax funding in order to properly complete the
project.
establish, construct, reconstruct, improve, repair, operate, and maintain sewer systems and
treatment facilities pursuant to section 204,320 RSMo; and B. The District Agrees:
1. Upon execution o f this Agreement by both the County and the District, the District
W HEREAS, pursuant to section 70.220 RSMo, the County and District are authorized to enter
shall proceed with the necessary steps to complete and oversee the engineering,
into agreements for the planning, development, construction, acquisition or operation o f any permitting, land acquisition, legal services, and construction for the Emory Creek
public improvement or facility, or for a common service; and Ranch Subdivision Sewer Project. This project will serve to transfer the Emory Creek
Ranch Subdivision sewer system from the Property Owners Association to the
W HEREAS, pursuant to the above stated authority the County and District entered into an District, provide for legal services as necessary, engineering services for needed
Intergovernmental Agreement on or about December 29,2011, whereby the District would assist improvements to the existing sewer system, and construction to make the
with improvements to the Taney County sewer systems through projects utilizing expenditures of improvements.
Sewer Sales Tax Funds (hereinafter “Sewer Sales Tax”); and 2. To provide the Taney County Environmental Services Project Coordinator and the
Commission with quarterly reports to ensure the project is being satisfactorily
W HEREAS, the County shall oversee sewer sales tax funds which may be made available for completed.
use by the Taney County Regional Sewer District to finance capital improvements to their waste 3. To advise the Taney County Commission in writing if additional Sewer Sales Tax
water infrastructure. It has been determined that the project Emory Creek Ranch Subdivision funds will be needed to complete the project and obtain the County Commission’s
Sewer Project is feasible, meets the criteria as described in Exhibit A, which is attached hereto, approval prior to work being performed which calls for the additional funding.
and has been approved by the Taney County Commission for folding with sewer sales tax funds.
4. To submit invoices generated by the project to the Taney County Commission on or
about the 1“ and 15lh o f each month.
NOW , TH EREFO RE, the County and District, in exchange for the mutual obligations and
covenants contained herein, agree as follows: II. Term
This Agreement shall become effective upon January 1, 2018 pending execution by the
The Whereas clauses above are fully incorporated herein and considered a part o f this parties and shall remain in full force and effect until the project is complete, but no later than
Agreement. December 31,2019, unless terminated earlier in accordance with the terms hereof. In the event

of delay resulting from interrupting weather conditions, strikes, material shortages or supply V. Notices
delays, or other unforeseen acts or conditions uncontrollable by any of the parties, the District
shall communicate such in writing to the County with supporting documents so that the County Any notices required hereunder shall be addressed as follows:
may review the circumstances o f the delay and consider an extension o f the deadline for the
project. To County:

III. Term ination Mike Scofield, Presiding Commissioner John Soutee
If the District believes that the project contemplated in this Agreement should not go Taney County, Missouri Taney County Environmental Services
forward because the project is no longer feasible, the District may request that the Agreement be P. O. Box 1086 Project Coordinator
mutually terminated; which mutual termination request shall be in writing and shall not be Forsyth, Missouri 65653 P.O. Box 1086
unreasonably withheld by the County. Further, any such termination o f the Agreement is Forsyth, Missouri 65653
without prejudice to any obligations or liabilities of any party already accrued or incurred prior With copy to:
to such termination. However, failure o f the District to fulfill its obligations under this
Agreement in a satisfactory manner shall constitute a breach o f contract and the County shall Shanna Tilley
have the right to terminate the agreement after giving the District 30 days written notice o f any Commissioners Assistant
breach in the District’s fulfillment o f the requirements outlined in the Agreement. In the event P. O. Box 1086
that the recognized deficiency has not been cured within said 30-day period, this Agreement Forsyth, Missouri 65653
shall be terminated unless additional time is mutually agreed upon, in writing, to cure said
breach. In the event this Agreement is terminated by failure of the District to perform its To District:
obligations under this Agreement, the District shall return all money or proceeds to the Sewer With copy to:
Tax Account which were expended on the project but which did not benefit or improve the Nathan Easley
District’s sewer system, and therefore, do not comply with the capital improvement requirement Chairman o f the Board Brad Allbritton, Administrator
for expenditure of the Sales Tax funds. Taney County Regional Sewer District Taney County Regional Sewer District
P.O. Box 206 P.O. Box 206
IV. Amendment Forsyth, Missouri 65653 Forsyth, Missouri 65653
Amendments to this Agreement may be proposed by either party upon written notice to
the other party. However, such amendments shall become effective only upon execution by both
VI. Allocation of Liability
parties hereto.
The County and District agree that each party will assume its own liability for all claims,
judgments, causes of action, damages, and expenses o f whatsoever nature incident to, or
resulting from, each party’s individual activities or required performance o f the terms o f this
Agreement or liability, damages and expenses arising out o f performance o f the obligations
stated in this Agreement or the sewer improvement project.

VII. Attorney Fees
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK.
In the event of any lawsuit or legal action to enforce or interpret any provision o f this
Agreement, the prevailing party is entitled to recover, in addition to other costs, reasonable
attorney fees in connection with the lawsuit, legal action, or arbitration, and in any appeals. The
determination o f who is the prevailing party and the amount o f reasonable attorney fees to be
paid to the prevailing party will be decided by the court or courts, including any appellate courts,
in which the matter is ultimately and finally decided, with no further appeal.

VIII. Indem nity/ Liability Insurance

Without limiting any other obligations under this Agreement, the District shall secure and
maintain at its own individual cost, throughout the duration o f this Agreement, liability insurance

Presiding C o m m i s s i o n E a s t e r n Commissioner ; Western Commissioner )
 of such type and in such amounts as may be nccessary to protect them and the interests o f the IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates
County against all risks o f loss and liability which may arise out o f the District’s performance of set opposite the signatures o f their respective authorized representatives.
this Agreement, or the project to be funded by this Agreement, including but not limited to
general liability coverage, wrongful termination, employee rights under federal or state statutes, County of Tnncy, Missouri
or Missouri common law.

In no event shall the language or requirements o f this Agreement constitute or be By __________ Date: V /l/tf
construed as a waiver or limitation o f the County’s, or the District’s rights or defenses with
regard to applicable sovereign, governmental or official immunities and protections as provided ,'lney County
by federal and state constitutions, statutes, and laws.

In the event that any lawsuit based upon a claim, action, loss, cost, expense or damage ATTEST: I, Donna Neeley, the Clerk o f the Taney County Commission hereby attest that the
arising out o f the project contemplated in this Agreement is filed against the County based on the above agreement was executed by the Taney County Presiding Commissioner Mike Scofield,
District’s actions, the District shall defend and indemnify the County, its elected officials and pursuant to a duly passed motion of the Tanev County Commission approving the agreement.
employees at its sole cost and expense; provided that the County retains the right to participate in
such suit, at its expense. If any question or interpretation o f law is involved, the County may, at
its expense, participate in and prosccute or defend such action. If final judgment be rendered
against the County or its officers, agents or employees, finding them liable for the sole and direct
actions o f the District, then the District shall satisfy the same in full.

The parties agree that any lawsuit based upon a claim, action, loss, cost, expense or damage CERTIFICATION O F TANEY COUNTY ACCOUNTING OFFICER
arising out of a project contemplated in this Agreement will be filed in Taney County, Missouri.
The undersigned, as Budget Officer and Accounting Officer for the County o f Taney, State of
IX. Miscellaneous Missouri, hereby certifies, pursuant to Section 50.660 RSMo, that there is a balance otherwise
unencumbered in the county treasury to the credit of the appropriation to which the financial
A. The parties agree that they are not entering into a legal partnership, joint venture or other obligation imposed upon the county by this Agreement is to be charged, and there is a cash
such arrangement, nor is it the purpose o f the parties to enter into a commercial balance otherwise unencumbered in the county treasury to the credit of the fund from which
undertaking for monetary gain. Nothing in this Agreement shall be construed to place a payment is to be made, when taken together with expected revenues from the sewer sales tax,
financial commitment or obligation upon the parties except as herein provided or as each sufficient to meet the obligation incurred by this Agreement for the Emory Creek Ranch
amended by unanimous written agreement. Subdivision Sewer Project.

B. The officials executing this Agreement hereby represent and warrant that they have full
and complete authority to act on behalf o f the County and District respectively, and that By: /:///., Dale:
the terms and provisions hereof constitute valid and enforceable obligations o f each. Ricfc Findley V
Taney County Audititfr
C. No transfer or assignment o f this Agreement, or any part hereof or interest herein, shall
be made unless all o f the parties unanimously approve such transfer or assignment in
writing.

D. This Agreement constitutes the entire agreement between the parties. There arc no
understandings, agreements, or representations, oral or written, not specified within this
Agreement.

Taney County Regional Sewer District EXHIBIT A

PR O JEC T COST ELIGIBLE FOR
By:,
Nathan Easley, Chairman
Cnairnfan
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D / '
SEW ER SALES TAX FUNDING

The following is a list o f criteria to be considered in determining eligibility for funding of
// projects o f the Taney County Regional Sewer District through the Sewer Sales Tax:
ATTEST: I, Linda Todd, the Secretary o f the Taney County Regional Sewer District, hereby
attest that the above funding agreement was executed by the Chairman of the Board o f Trustees a. Construction o f new, or the expansion and/or acquisition o f existing wastewater facilities.
o f the Taney County Regional Sewer District, pursuant to a duly passed motion of the Board of b. Reconstruction or replacement o f existing wastewater facilities and infrastructure.
Trustees approving the funding agreement. c. Equipment for any wastewater facility when first erected.
d. Upgrades made to a wastewater facility, or its infrastructure, that will improve its
efficiency or extend its useful life.
C
rK\yri<rVi ~T 1 r i d _ _ _ _ _ _ _ _ _ _ _ _ _ Dale: e. The acquisition o f land, including easement procurement, necessary for the construction
o f an improvement.
Linda Todd, Board Secretary
f. Missouri Department o f Natural Resources construction application fees for the project.
g. Any improvement required to meet new Federal or State environmental laws or
APPROVED AS TO FORM : guidelines.
h. Labor and equipment cost incurred, if utilizing Sewer District employees and equipment
to perform approved project work. A cost breakdown demonstrating how the labor and
__________________ Dale: equipment cost were determined must be submitted with the reimbursement request. The
Attorney for Taney Countv Regional cost breakdown shall include the name o f the employee(s) who performed the work, their
Sewer District hourly pay rate and number o f hours expended on the project. If reimbursement is sought
for equipment use, the cost breakdown shall also include the type o f equipment used on
the project and number o f hours it was used for the project

■jCdAJZ=-
Attorney for' taney G6unty
Date:
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«■’

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Presiding C o m m i s s i o n e r E a s t e r n Commissioner / Western Commissioner )
AGREEMENT-ANIMAL DISPOSAL SERVICES-FRIENDS OF THE FAMILY PET
MEMORIAL GARDEN, INC. #18-024AC
Presiding Commissioner Scofield read a letter from County Attorney, Travis Elliot, which stated
that he reviewed the proposed agreement and approved it as to form.

Commissioner Wyatt moved to approve the agreement between Friends Pet Memorial Garden,
Inc. and Taney County file #18-024AC. Presiding Commissioner Scofield seconded the motion.
The motion passed by vote: Scofield (aye), Williams (absent), and Wyatt (aye).

NOTICE OF RENEWAL FOR CORRUGATED STEEL CULVERTS #18-027RB
Devin Huff, Road and Bridge Assistant Administrator, came before the Commission to present
Notice of Renewal for Corrugated Steel Culverts #18-027RB. Presiding Commissioner Scofield
read a letter from Travis Elliot which stated that he reviewed the proposed agreement and
approved it as to form.

Commissioner Wyatt moved to extend the Agreement between Metal Culverts, Inc. and Taney
County for one more year ending March 20, 2019 file #18-027RB. Presiding Commissioner
Scofield seconded the motion. The motion passed by vote: Scofield (aye), Williams (absent),
and Wyatt (aye).

FILL DIRT AGREEEMENT- CANDACE PHILLIPS
Mr. Huff remained before the Commission to present the Fill Dirt Agreement between Taney
County and Candace Phillips.

Commissioner Wyatt moved to approve the Fill Dirt agreement between Candace Phillips and
Taney County. Presiding Commissioner Scofield seconded the motion. The motion passed by
vote: Scofield (aye), Williams (absent), and Wyatt (aye).

AGREEMENT FOR 2017 YEAR END UPDATE INSTALLATION(S)
Presiding Commissioner Scofield read a letter from Travis Elliot which stated that he reviewed
the proposed Agreement for 2017 Year End Update Installations between Stuarts Consulting,
Inc. and Taney County. The purpose of this agreement is to provide a year end update of taxable
and/or tax table update for Sage 100 for printing or electronically submitting tax documents for a
fee of $85.00.

Commissioner Wyatt moved to approve the agreement with Stuart Consulting. Presiding
Commissioner Scofield seconded the motion. The motion passed by vote: Scofield (aye),
Williams (absent), and Wyatt (aye).

UNIVERSITY OF MISSOURI EXTENSION UPDATE
Willa Williams with the University of Missouri came before the Commission to give updates on
the following topics.

• 4-H Youth Development
• Business Development Programs
• Family Nutrition Education Programs

RECESS
9:37 a.m.

RECONVENE
10:07 a.m.

ROUND TABLE DISCUSSION WITH ROAD & BRIDGE ON FUTURE PROJECTS
Also present: Randy Haes, Taney County Highway Administrator, Devin Huff, Road and Bridge
Assistant Administrator, Spencer Jones and Mel Atldns with Great River Engineering

Commission met with Road and Bridge to discuss future projects. Discussion over Phase one
option for road improvements from Maple Street to BB was held. Commissioner Wyatt
requested an estimate on the cost of all options for the project. Presiding Commissioner Scofield

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Presiding Commissioner^ ^ / ; Eastern C o m m issio n er.^ ^; Western Commissioner
confirmed that he would like to see the costs as well. Spencer Jones said that they could compile
an estimate free of charge.

Spencer and Mel exited the meeting at 10:53 a.m.

Melanie Smith entered the meeting at 10:54 a.m.

The Commission discussed the Transfer Station budget and Road & Bridge Maintenance
building costs. Mr. Haes stated that a transfer made on February 5, 2018 should not have been
made; the transfer included employees’ salary for work that was partially done on the new Road
& Bridge building. Presiding Commissioner Scofield and Commissioner Wyatt directed Mrs.
Smith to prepare a transfer from Road & Bridge to the Transfer Station for labor on the Road &
Bridge maintenance building in the amount of $69779.80.

RECESS
11:18 a.m.

RECONVENE
11:35 a.m.

Presiding Commissioner Scofield moved to amend the agenda to include added Accounts
Payable. Commissioner Wyatt seconded the motion. The motion passed by vote: Scofield (aye),
Williams (absent), and Wyatt (aye).

ACCOUNTS PAYABLE
Commissioner Wyatt moved to approve Warrants #6963 and #6964. Presiding Commissioner
Scofield seconded the motion. The motion passed by vote: Scofield (aye), Williams (absent),
and Wyatt (aye).

EXECUTIVE SESSION
11:40 a.m.

EXECUTIVE SESSION PER 610.021.1 (LITIGATION)
See Executive session minutes for any motions made and votes taken.

END OF EXECUTIVE SESSION
12:06 p.m.

DAILY STAFF REVIEW
The Commission met with their staff to review the day’s business and go over agenda requests.

ADJOURNMENT
Presiding Commissioner Scofield moved to adjourn. Commissioner Wyatt seconded the motion.
The motion passed by vote: Scofield (aye), Williams (absent), and Wyatt (aye).

ADJOURN
12:43 p.m.

The Minutes were taken by County Clerk Donna Neeley, and Deputy Clerk Ally Clemans; the
Minutes were typed by Ally Clemans.

Presiding C o m m i s s i o n e r ; Eastern Commissioned ; Western CommissionerJ ^ O
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Presiding Commissioner ; Eastern CommissionerQ o O ; Western Commissioner XbC )