Commission Minutes Unofficial

FEBRUARY 13, 2006 THE 11TH DAY
OF THE JANUARY ADJOURN TERM

The County Commission met in Associate II Circuit Courtroom at 9:03 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.

SHERIFF JIMMY RUSSELL
NEW DRUG DOG

Jimmy Russell, Sheriff introduced the Sheriff’s department’s new drug dog.
Russell stated that he plans on taking the new dog to the schools and introducing her to
all of the kids. No motions were made and no votes were taken.

Note: Commissioner Herschend entered the Commission meeting at 9:07.

ROAD VACATION

Tressa Luttrell, Administrator stated that this road vacation was first brought to
the Commission in October of 2005 regarding the Russell’s and that a second reading
took place on January 9, 2006 but there was no proof of publication at that time. Luttrell
added that she has acquired the proof of publication and presented the Commission with a
typed order from Tom Motley.

Commissioner Strahan stated that Tom Motley brought this road vacation to the
Commission and that there are at least three or four homes on the other side of the road
that would be affected. Strahan added that another property owner says his house lays in
the easement, under contract. Strahan expressed that there are several questions to be
answered on this road and that he is not sure what to do with the vacation. Strahan then
asked Bob Paulson, County Counselor how the law reads as far as taking action on this
issue.

Bob Paulson answered that a finding must be made that the road is useless to the
public in order to vacate it or they must prove that it is an unnecessary expenditure to
maintain the road. Paulson added that without a remonstrance there is nothing preventing
the county from making this finding without having a hearing. A general discussion
ensued.

Commissioner Strahan expressed that he would like to hear both sides of the story
before making a decision to vacate the road.

Commissioner Herschend made motion to table the road vacation and requested
that a notice be sent to the petitioners and Tom Motley, to attend the meeting next week
in order to answer some of the questions surrounding this issue. Paulson added that he
doesn’t see a problem, since there is no remonstrance on this road vacation.
Commissioner Strahan seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (yes).

BRANSON SPORTS CLUB
PAM DAPPRICH

Pam Dapprich, Branson Sports Club addressed the Commission regarding a letter
of support for tax credits to aid the Branson Sports Club. Dapprich explained that one of
the grants they would be applying for is the Youth Opportunity Program to help with the
construction of their new building. Dapprich further explained that they are all
volunteer’s who work with the kids in the local area and that the program is designed to
influence and develop children in several areas of life. Dapprich added that the new
facility is off of Buchanan Road and that the sewer system is already complete.

Presiding Commissioner Pennel asked what kind of money she is hoping to get?
Dapprich answered that this the Youth Opportunity Program grant has a tax credit cap of
$200,000 and that they estimate the new facility will cost around $600,000.

Commissioner Herschend asked if the Sports Club is applying for the same tax
credits as the Boys and Girls Club and the YMCA? Dapprich responded that she is not
sure and that they try to apply for as many grants as they can. Commissioner Herschend
stated that he appreciates what they do with the kids however, expressed a concern about
starting new programs when there is only so much grant money available. Herschend
added that sometimes it could turn into a competition of dollars, which impacts existing
programs. Dapprich responded that there is a lack of quality programs and that often the
other local programs fill up so fast that there is a constant need in the community for
youth programs.

Commissioner Pennel asked Dapprich if she felt the Branson Sports Club is in
competition with other local programs? Dapprich stated that she felt there was no
competition; rather they were complimenting each other. A general discussion ensued.
Commissioner Pennel suggested tabling this issue in order to have time to talk to the
Boys and Girls Club to make sure there are no problems and to follow up on some
questions.

Commissioner Strahan expressed that he is in total support of anything that has to
do with children and community involvement. Strahan stated that he is trying to work in
that direction with the Park Board and that he can’t see the harm in applying for grants.
Dapprich added that they are great kids who do various community service projects that
put back into the community.

Commissioner Herschend stated that he is all for kids and clarified that he just
wanted the Commission to understand that there is a “fixed pie” of available grant money
for all not for profit organizations in the area. Herschend explained that he would not
vote for going forward until he knows how it will impact the community but clarified that
he wouldn’t vote against it either. Herschend then asked how many not for profit
organizations is the county going to support?

Commissioner Pennel made a motion to table this issue in order to talk to the
Boys and Girls Club and other organizations then bring it up again next week.
Commissioner Herschend seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (yes).

ROAD PETITION
LIVE OAK LANE

Tressa Luttrell, Administrator explained that this petition was tabled in 2004 in
order to discuss the road with the engineer. Luttrell further explained that it was
originally for two roads, Yates Avenue and Live Oak Lane. Luttrell added that Yates
Avenue was denied and that Live Oak was tabled in both July and September of 2004.

Randy Erhardt, Property Owner stated that when the petition was originally
brought before the Commission in 2004 it was decided that they would wait until the
subdivision filled in a little more before bringing it back before the Commission. Erhardt
stated that they only have one lot left to fill in the subdivision. Erhardt explained that
Yates Avenue was turned down because there are only two homes on Yates and they
didn’t want to extend that portion. Erhardt further stated that on Live Oak there are
eleven dwellings and that they were going to change a culvert across Hampton. Erhardt
added that the subdivision is located about ½ a mile past the Hwy 248 and Hwy160
intersection right before the Reeds Spring junction about one mile before the fire station.

Commissioner Herschend made a motion to approve taking Live Oak Lane in as a
Class 6. Commissioner Pennel seconded for discussion and asked Randy Haes, Road and
Bridge to tell property owners what else needs to be done before their road is taken in.
Haes stated a culvert still needs to be put in and that there are a few shallow ditches at
Hampton and Life Oak and added that the road is in decent shape. Herschend stated that
the road surface is 18-20 feet road and that everything else appears to be in good shape.
Herschend added that the petitioners/owners have been extremely patient during the
course of this process.

Greg Altom expressed his appreciation to Randy Haes for his cooperation and
added that some of the shallow ditches have been already been worked on. Herschend
clarified that the chip and seal will not be immediate however, the county will be
responsible for maintaining the road.

Commissioner Herschend then amended his motion to take Live Oak Lane in as a
Class 5.

Commissioner Pennel asked Haes if snow removal would put too much of a
burden on Road and Bridge? Haes stated that it would not. Pennel explained that there is
a schedule for chip and seal and clarified that other roads are before Live Oak on the list
but it would eventually be chipped and sealed.

Commissioner Pennel then amended his second. The motion passed by vote:
Pennel (yes), Herschend (yes), Strahan (yes).

Recess 9:55
Reconvene 10:00

SMOKE SHACK

Commissioner Herschend stated that the Smoke Shack was shut down last week
and that he re-opened it. Herschend explained he had gotten phone calls from employees
wanting it opened back up and asked what the Commissions’ thoughts were on the issue.
Herschend expressed that he feels it is a benefit for employees since the county is now
smoke free it gives them a place to go when it is cold outside.

Jimmy Russell, Sheriff clarified that he shut it down because he was having time
issues with his people visiting and taking 30 to 45 minute breaks. Russell stated that he
will keep it shut to his people and added that another reason is so they won’t smell when
having to deal with the public. Russell further explained that he didn’t realize other
departments were using the Smoke Shack or he wouldn’t have locked it and if other
departments want to use it then he is fine with that.

Commissioner Strahan expressed his appreciation for Russell’s “strong stance” on
the issue and added that if other departments don’t want to handle the situation then the
Commission will leave it open. Herschend added that non-smokers take extended breaks
as well and that it is up to the office holder to supervise their staff no matter where they
are. Pennel stated that he is okay with leaving the smoke shack open. No motions were
made and no votes were taken.

JIM TRAVIS CONTRACT
DONNA NEELEY

Donna Neeley, County Clerk stated that Jim Travis contacted her and requested
that the last line stating he will contact the other office holders when he is making a trip
to Taney County be taken off of the contract. Neeley added that Travis doesn’t think it is
a good use of his time and does not feel it is his responsibility.

Presiding Commissioner Pennel expressed that the contract needs to be completed
and the county needs to get Jim Travis paid. Commissioner Pennel made a motion to take
the amendment off of the contract, that states Jim Travis will contact the elected officials
to let them know when he is coming down and get the issue taken care of.
 Commissioner Herschend stated that he stands on his opinion that all elected
officials need to agree to contact each other when they will be having Jim Travis come to
Taney County so the county can fully utilize Travis’s service.

James Strahan, Assessor explained that Jim Travis is “under the gun” and has
many counties under contract to use his program. Strahan stated that Travis may have
misunderstood the amendment and suggested having the amendment read that if an office
holder contacts him then they will let the other office holders know he is coming to
Taney County. Herschend expressed that Jim Travis is an asset and would be happy to
second Pennel’s motion if all three office holders who use Travis’s program would agree
to contact one another when Travis is making a trip to the county. A general discussion
ensued. The motion died for lack of a second.

Shelia Wyatt, Collector stated that as an office holder she is not going to go on
record as agreeing to contact the other office holders when Jim Travis is called to come to
the county. Wyatt further stated that she works with the other office holders very well
and that the Clerk’s Office only uses him for levy’s one time a year and things like
Railroad Utilities throughout the year. Wyatt then added that at the first of March she
would like the Collector’s Office to start making the adjustments after the Board of
Equalization approves the abatements, which would decrease the use of Jim Travis’s
program in the Clerk’s Office. Wyatt further expressed that she feels it is not the
Commissions duty to tell the office holders whom to call and contact and that the citizens
elected them to do their jobs, which is what she will continue to do.

Donna Neeley, County Clerk stated, in response to the abatements, that she is, by
statute, the secretary of the BOE and expressed that she does not see how it is the
Collector’s place to adjust the tax books.

Chuck Pennel stated that two different topics are going on here and made his
motion again to take the amendment off of the contract. The motion died for the lack of a
second.

PRIOR MINUTES

Commissioner Herschend made a motion to approve minutes from January 30 and
February 8. Commissioner Strahan 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
#93197-93294 and manual warrant #4458. Commissioner Herschend seconded the
motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (abstain).

JANUARY BUDGET REPORT
RICK FINDLEY
 Rick Findley, Auditor presented the following January 2006 Budget:
Taney County for the Month Ending January 31, 2006
2004 2005 2006 2006 ACTUAL %
FUND BALANCES
GCR FUND BALANCE 12,085,208.18 13,154,890.79 14,012,380.91 14,012,380.91 100.0%
GCR REVENUES 9,750,639.56 10,693,558.20 12,646,988.52 1,537,354.53 12.2%
EXPENDITURES 8,680,956.95 9,836,068.08 26,168,828.52 740,478.59 2.8%
TOTAL GCR 13,154,890.79 14,012,380.91 490,540.91 14,809,256.85 3019.0%
ROAD & BRIDGE FUND BALANCE 6,067,562.78 6,673,957.30 7,466,464.70 7,466,464.70 100.0%
ROAD & BRIDGE REVENUES 1,303,563.49 1,294,468.45 1,252,850.00 133,007.24 10.6%
EXPENDITURES 697,168.97 501,961.05 8,655,986.13 10,214.30 0.1%
TOTAL ROAD & BRIDGE 6,673,957.30 7,466,464.70 63,328.57 7,589,257.64 11983.9%
ROAD & BRIDGE TRUST FUND BAL 9,760,872.22 8,980,798.03 6,078,738.25 6,078,738.25 100.0%
ROAD & BRIDGE TRUST REVENUES 6,053,087.51 6,281,767.89 6,138,000.00 634,926.60 10.3%
EXPENDITURES 6,833,161.70 9,183,827.67 13,516,157.38 375,768.03 2.8%
TOTAL ROAD & BRIDGE TRUST 8,980,798.03 6,078,738.25 (1,299,419.13) 6,337,896.82 (487.7%)
ASSESSMENT FUND BALANCE 21,810.20 19,815.20 19,865.52 19,865.52 100.0%
ASSESSMENT REVENUES 545,319.19 558,598.36 748,354.00 234,115.59 31.3%
EXPENDITURES 547,314.19 558,548.04 768,219.52 45,537.22 5.9%
TOTAL ASSESSMENT 19,815.20 19,865.52 0.00 208,443.89 0.0%
ELECTIONS FUND BALANCE 19,383.89 42,943.67 43,906.84 43,906.84 100.0%
ELECTION REVENUES 24,514.99 7,083.48 10,700.00 3,514.16 32.8%
EXPENDITURES 955.21 6,120.31 54,606.34 0.00 0.0%
TOTAL ELECTIONS 42,943.67 43,906.84 0.50 47,421.00 9484200.0%
TRANSFER STATION FUND BAL 488,453.07 512,938.96 546,299.91 546,299.91 100.0%
TRANSFER STATION REVENUES 428,015.72 486,214.75 406,900.00 51,828.11 12.7%
EXPENDITURES 403,529.83 452,853.80 953,199.91 52,768.23 5.5%
TOTAL TRANSFER STATION 512,938.96 546,299.91 0.00 545,359.79 0.0%
LEPC FUND BALANCE 12,734.70 18,323.47 10,547.22 10,547.22 100.0%
LEPC REVENUE 12,162.28 5,270.64 6,275.00 1,685.36 26.9%
EXPENDITURES 6,573.51 13,046.89 16,822.22 1,458.85 8.7%
TOTAL LEPC 18,323.47 10,547.22 0.00 10,773.73 0.0%
LAW ENFORCEMENT FUND BAL 0.00 1,300.78 3,787.89 3,787.89 100.0%
LAW ENFORCEMENT REVENUES 8,656.37 9,774.67 8,820.00 891.19 10.1%
EXPENDITURES 7,355.59 7,287.56 12,607.89 2,183.86 17.3%
TOTAL LAW ENFORCEMENT 1,300.78 3,787.89 0.00 2,495.22 0.0%
COUNTY INSURED FUND BAL 334,358.51 271,508.27 201,401.72 201,401.72 100.0%
COUNTY INSURED REVENUES 6,054.63 6,274.22 5,200.00 528.11 10.2%
EXPENDITURES 68,904.87 76,380.77 206,601.72 3,718.22 1.8%
TOTAL COUNTY INSURED 271,508.27 201,401.72 0.00 198,211.61 0.0%
PROS ATT TRAIN FUND BAL 4,623.22 6,189.36 8,057.19 8,057.19 100.0%
PROSECUTING ATT TRAIN REV 1,566.14 1,867.83 2,060.00 240.85 11.7%
EXPENDITURES 0.00 0.00 10,117.19 0.00 0.0%
TOT PROS ATTY TRAINING 6,189.36 8,057.19 0.00 8,298.04 0.0%
FUND BALANCE 1,488,912.08 1,422,209.59 1,445,476.81 1,445,476.81 100.0%
REVENUES 513,176.93 594,772.01 518,000.00 44,870.44 8.7%
EXPENDITURES 579,879.42 571,504.79 1,963,476.81 413,624.44 21.1%
TOTAL 911 1,422,209.59 1,445,476.81 0.00 1,076,722.81 0.0%
COUNTY SEWER FUND BALANCE 8,155,176.95 10,330,399.01 15,571,544.17 15,571,544.17 100.0%
COUNTY SEWER REVENUE 6,147,992.89 7,104,263.20 14,509,592.00 703,771.36 4.9%
EXPENDITURES 3,972,770.83 1,863,118.04 30,081,136.17 130,295.03 0.4%
TOTAL COUNTY SEWER 10,330,399.01 15,571,544.17 0.00 16,145,020.50 0.0%
SEWER DESIGNATED FUND BAL 881,303.28 895,442.76 925,449.84 925,449.84 100.0%
DESIGNATED INTEREST REVENUE 14,139.48 30,007.08 0.00 0.00 0.0%
TOT SEWER DESIGNATED FUNDS 895,442.76 925,449.84 925,449.84 925,449.84 100.0%
SHERIFF FUND BALANCE 62,009.87 58,842.49 72,295.53 72,295.53 100.0%
SHERIFF REVENUE 98,333.13 52,094.72 51,000.00 544.84 1.1%
EXPENDITURES 101,500.51 38,641.68 123,295.53 1,580.13 1.3%
TOTAL SHERIFF 58,842.49 72,295.53 0.00 71,260.24 0.0%
TAX MAINTENANCE FUND BAL 86,775.73 163,669.73 152,431.37 152,431.37 100.0%
TAX MAINTENANCE REVENUE 90,623.86 101,879.55 128,000.00 3,121.18 2.4%
EXPENDITURES 13,729.86 113,117.91 280,431.37 110,030.00 39.2%
TOTAL TAX MAINTENANCE 163,669.73 152,431.37 0.00 45,522.55 0.0%
TOTAL BALANCE FUNDS 42,553,229.41 46,558,647.87 179,900.69 48,021,390.53 26693.3%

Commissioner Strahan expressed his appreciation to Findley for presenting the
budget to the Commission. 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

The County Commission met in the County Commission Office at 4:45 p.m.
pursuant to adjourn with Chuck Pennel, Presiding and Danny Strahan, Eastern District
present. Ron Herschend, Western District was absent. The following proceedings were
had and made a matter of record.

MISSOURI HIGHWAY AND TRANSPORTATION AGREEMENT

Presiding Commissioner Pennel made a motion to approve the following
agreement with the Missouri Highways and Transportation Commission. Commissioner
Strahan seconded the motion. The motion passed by vote: Pennel (yes), Herschend
(absent), Strahan (yes).

MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION
BLUEPRINT FOR SAFER ROADWAYS PROGRAM AGREEMENT

THIS AGREEMENT is entered into by the Missouri Highways and Transportation Commission (hereinafter,
“Commission”) and the
City of ________, a municipal corporation in the State of Missouri (hereinafter, “City”); OR
County of Taney, (hereinafter referred to as “County”); OR
Department of __________, a department within the executive branch of the government of the State of
Missouri (hereinafter, “Department”); OR
_______, a recognized vendor with the State of Missouri (hereinafter, “Vendor”)
WITNESSETH:
NOW, THEREFORE, in consideration of the mutual covenants, promises and representations in this
Agreement, the parties agree as follows:
(1) PURPOSE: The Commission has authorized State Road Funds to be used to support regional
Blueprint for Roadway Safety activities. The purpose of this Agreement is to grant the use of such State
Road Funds to the County.
(2) ACTIVITY: The State Road Funds, which are the subject of this Agreement, will support the
following activity to further Missouri’s Blueprint for Roadway
Safety: Taney County Sheriff Jimmie Russell will host a three day post certified class that will
qualify officers to conduct BAC testing on a Datamaster.
(3) INDEMNIFICATION: To the extent allowed by law, the County shall be responsible for injury or
damages as a result of any services and/or goods rendered under the terms and conditions of this
Agreement. In addition to the liability imposed upon the County on the account of personal injury, bodily
injury (including death), or property damage suffered as a result of the County performance under this
Agreement, County assumes the obligation to save harmless the Commission, including its agents,
employees and assigns, from every expense, liability or payment arising out of such wrongful or negligent
act or omission, including legal fees. The County also agrees to hold harmless the Commission, including its
agents, employees and assigns, from any wrongful or negligent act or omission committed by any
subcontractor or other person employed by or under the supervision of the County for any purpose under
this Agreement, and to indemnify the Commission, including its agents, employees and assigns, from every
expense, liability, or payment arising out of such wrongful or negligent act or omission.
(4) AMENDMENTS: Any change in this Agreement, whether by modification or supplementation must
be accomplished by a formal contract amendment signed and approved by the duly authorized
representatives of the County and the Commission.
(5) COMMISSION REPRESENTATIVE. This Commission’s District Engineer is designated as the
Commissions representative for the purpose of administering the provisions of this Agreement. The
Commission’s representative may designate by written notice other persons having the authority to act on
behalf of the Commission in furtherance of the performance of this Agreement.
(6) NONDISCRIMINATION CLAUSE: The County shall comply with all the provisions of Executive
Order No. 94-03, issued by the Honorable Mel Carnahan, Governor of Missouri, on the fourteenth (14th) day
of January 1994, which executive order is incorporated herein by reference and is made a part of this
Agreement. This Executive Order promulgates a Code of Fair Practices for the Executive Branch of Missouri
Government and prohibits discrimination against recipients of services, and employees or applicants or
employment of state contractors and subcontractors, on the grounds of race, color, religion, national origin,
sex, age, disability, or veteran status. The County shall also comply with all state and federal statutes
applicable to the County relating to nondiscrimination including, but not limited to, Chapter 213, RSMo; Title
VI and Title VII of the Civil Rights Act of 1964 as amended (42 U.S.C. Sections 2000d and 2000e, et seq.);
and with any provision of the “Americans with Disabilities Act” (42 U.S.C. Section 12101, et seq.).
(7) ASSIGNMENT: The County shall not assign, transfer or delegate any interest in this Agreement
without the prior written consent of the Commission.
(8) LAW OF MISSOURI TO GOVERN: This Agreement shall be construed according to the laws of the
State of Missouri. The County shall comply with all local, state and federal laws and regulations relating to
the performance of this Agreement.
(9) CANCELLATION: The Commission may cancel this Agreement at any time for a material breach of
contractual obligations by providing the County with written notice of cancellation. Should the Commission
exercise its right to cancel this Agreement for such reasons, cancellation will become effective upon the date
specified in the notice of cancellation sent to the County.
(10) ACCESS TO RECORDS: The County and its Contractors must maintain all records relating to this
Agreement, including but not limited to invoices, payrolls, etc. These records must be available at no charge
to the Commission and/or their designees or representatives during the period of this Agreement and any
extension, and for a period of three (3) years after the date on which the County receives reimbursement of
their final invoice from the Commission.
(11) REIMBURSEMENT: With regard to work under this Agreement, the County agrees that funds to implement
Blueprint activities shall only be available for reimbursement of eligible costs which have been incurred by County.
The County shall supply to the Commission copies of all bid information; purchase orders; invoices; and name, date,
hours worked, and rate of pay (on Program Agreements that include salaries) Any costs incurred by County prior to
authorization and notification to proceed from the Commission are not reimbursable costs. The Commission shall not
be responsible for any costs associated with the activity herein unless specifically identified in this Agreement or
subsequent written amendments. The Commission shall not provide more than one thousand six hundred fifty dollars
($1,650) for this Blueprint safety project.
(12) INSPECTION OF IMPROVEMENTS AND RECORDS: The County shall assure that representatives
of the Commission shall have the privilege of inspecting and reviewing the work being performed per this
Agreement. The County shall also maintain all financial documents, reports, papers and other evidence
pertaining to costs incurred in connection with this Program Agreement, and make such materials readily
available for review at reasonable times and at no charge during this Agreement period and for three (3)
years from the date of final payment under this Agreement, for inspection by the Commission or any
authorized representatives of the State of Missouri; copies shall be furnished, upon request, to authorized
representatives of the Commission or State.
(13) VENUE: It is agreed by the parties that any action at law, suit in equity, or other judicial Proceeding
to enforce or construe this Agreement, or regarding its alleged breach, shall be instituted only in the Circuit
Court of Cole County, Missouri.
(14) FINAL AUDIT: The Commission may, in its sole discretion, perform a final audit of
project costs. The County shall refund any overpayments as determined by the final audit.
(15) SOLE BENEFICIARY: This Agreement is made for the sole benefit of the parties hereto and nothing
in this Agreement shall be construed to give any rights or benefits to anyone other than the Commission and
the County.
(16) AUTHORITY TO EXECUTE: The signers of this Agreement warrant that they are acting officially and
properly on behalf of their respective institutions and have been duly authorized, directed and empowered to execute
this Agreement.