Commission Minutes

OFFICIAL
COMMISSION MINUTES
APRIL 9th, 2018 2nd DAY OF
THE APRIL ADJOURN TERM

PRELIMINARY STUDY
The County Commission met in the Commission Conference Room at 8:38 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 9:04 a.m. with Mike Scofield
(present), Brandon Williams (absent), and Sheila Wyatt (present).

Prayer and Pledge

Commissioner Williams entered the meeting at 9:06 a.m.

PUBLIC COMMENT
None.

CALL TO ORDER
Presiding Commissioner Scofield called the Commission meeting to order at 9:06 a.m.

COMMISSION REMARKS
None.

MONTHLY BUDGE REPORT
Rick Findley, Taney County Auditor, came before the Commission to present the County’s
Monthly Budget Report. Commissioner Wyatt questioned as to when the Elected Officials and
Department Heads will meet for this quarter. Commissioner Williams suggested that all Elected
Officials and Department Heads get together next Monday.

APPROVE ACCOUNTS PAYABLE
Commissioner Wyatt moved to approve Checks #449237 thru #449262 and #449264 thru
#449311, Warrants #6973 thru #6976. Commissioner Williams seconded the motion. The motion
passed by vote: Scofield (aye), Williams (aye), and Wyatt (aye).

Commissioner Wyatt left the meeting.

Commissioner Williams moved to approve Check #449263. Presiding Commissioner Scofield
seconded the motion. The motion passed by vote: Scofield (aye), Williams (aye), and Wyatt
(absent).

Commissioner Wyatt returned to the meeting.

APPROVAL OF PREVIOUS MEETING MINUTES
Commissioner Wyatt moved to approve Previous Meeting Minutes dated April 2nd, 2018.
Commissioner Williams seconded the motion with discussion. The motion passed by vote:
Scofield (aye), Williams (aye), and Wyatt (aye).

Presiding Commissioner/ ^ / ^ Eastern Commissioner ^ I p ; Western Commissioner ^ 5 0
ANIMAL CONTROL JURISDICTIONAL AGREEMENT - CITY OF BRANSON #18-
002AC
Commissioner Williams stated that he spoke with the City of Branson and it is okay to sign the
Agreement and it will not prevent the County from doing any other agreements with them.
No. I8-002AC All Animals over the age o f four (4) months that arc transferred out o f the
Facility shall be vaccinated for rabies, or In the event the Animal is redeem ed
by the owner, the ow ner shall provide proof o f the Anim al’s rabies vaccination.
If the Animal is redeem ed by the owner, and the ow ner is unable to provide
AGREEM ENT proof o f the Anim al’s rabies vaccination, the County shall charge the ow ner for
(A nim al C o ntrol) the rabies vaccination (a “Fee”), pursuant to the schedule o f fees attached hereto
and incorporated herein by refcrencc as Schedule A. If the Animal is not
THIS AGREEMENT, made and entered into on this day o f ftp-'i)________
(“Effective Date"), by and between Taney County, Missouri (“County"), a county of the first claimed and redeem ed by the owner, the City shall be responsible for paym ent
classification, and the City o f (“City”), a city of the S U classification. o f the Fee to the County.

WITNESS: c. Redemption. The County shall charge the Redemption Fee set forth in Schedule
A for an owner o f an Animal to claim and redeem the Animal from the custody
WHEREAS, the County owns and operates an animal control facility (“Facility”) for the o f the Facility.
purpose o f providing care for lost, stray, vicious, sick and injured animals and (“Animals”); and
d. Transfer to Rescue. Upon the request o f the City, the C ounty shall transfer an
WHEREAS, the County and City desire to enter into this Agreement to enable the City to
utilize the Facility and the resources o f the County for the temporary shelter and care of Animals; A nimal to rescue for the cost o f the Rabies Vaccination set forth in Schedule A
and plus the actual cost o f fuel and time to transport the Animal to a rescue facility,
to be paid by the City.
WHEREAS, the County and City desire to set forth the respective duties and
responsibilities of the parties; and e. Adoption. In the event the owner o f an Animal is not located and the Animal
is not claimed by the ow ner and redeemed, the County m ay adopt an Animal in
WHEREAS, section 70.220, RSMo, permits political subdivisions to contract and
the custody o f the Facility in accordance with the C ounty’s policy on adoptions.
cooperate with one another for the planning, development, construction, acquisition or operation
o f any public improvement or facility or common service; and The Adoption Fee set forth in Schedule A covers the cost o f veterinary services,
including rabies vaccination and m icrochipping, which shall be paid by the
NOW, THEREFORE, in consideration o f the mutual promises and covenants set forth person adopting the Anim al, to the County.
herein, the parties agree as follows:
3. Non-Covered Services.
1. Term. The term o f this Agreement shall be from the Effcctivc Date to December
31, 2018, and shall automatically renew for additional one (I) year terms unless terminated by a. Animal Pickup; Transportation. The City shall be responsible for transporting
either o f the parties.
Anim als to the Facility with its personnel and at its own expense. The City
shall be responsible for the custody, care and control o f Anim als picked up or
2. Covered Services.
delivered to the C ity outside o f the Facility’s regular business hours at the C ity’s
a. Care o f Animals. In consideration of the Intake Fee set forth in Schedule A, own facility. The C ity shall not be permitted to deliver Anim als to the Facility
the County shall provide appropriate food, water, boarding, cleaning supplies outside the Facility’s regular business hours.
and labor necessary in order to care for each Animal accepted by the Facility
for the period of time set forth in Schedule A. The additional holding fee shall b. Sick and Injured Anim als: Veterinarian Expenses. The Facility will not accept
apply for any Animal housed longer than the holding period, as provided in any sick o r injured Animals, subject to the sole and absolute discretion o f the
Schedule A, at the option of the City. In the event the owner o f an Animal is County. Sick and injured Anim als should be transported to the City’s
not located and the Animal is not claimed and redeemed, the County agrees to
designated veterinarian. The C ity shall be responsible for contracting with a
attempt to place each Animal for adoption or to provide a humane euthanasia.
veterinarian in order to provide necessary and appropriate veterinary care for
b. Specified Vaccination o f Animals. Upon transportation and acceptance o f an any Animal in its custody, and the City shall be responsible for any and all costs
Animal by the Facility, the County shall vaccinate: (1) a canine Animal for associated w ith veterinarian care provided to A nim als in the C ity’s custody or
parvo and upper respiratory/kennel cough; or (2) a feline Animal for leukemia control. If after the intake o f the anim al, the Facility has reason to believe an
and upper respiratory/kennel cough, pursuant to the Facility’s Missouri Anim al is sick, in the discretion o f the Facility, and is in need o f veterinary care,
Department o f Agriculture License.

City shall be responsible for costs incurred in order to stabilize the wellness of
the Animal.
10. Amendments. This Agreement may not be amended, altered, or modified except
by an instrument in writing duly executed by the parties hereto.
c. Stray Hold. The Facility will hold stray animals at the request o f the City, and
the City shall be responsible for the fees incurred.
11. Severability. If any provision o f this Agreement or any application thereof is
determined by a court o f competent jurisdiction to be invalid, illegal, or unenforceable in any
4. Fees. In consideration for the Services described in paragraph 2, the City shall pay
respect, the validity, legality, and enforceability o f the remaining provisions or any application
to County the fees (each a “Fee”) set forth in Scliedule A, which is attached hereto and incorporated
herein by reference. thereof shall not be affected or impaired.

5. Invoices and Billing; Payment. The City shall complete an impound form requiring 12. Section Headings. Section headings are for convenience only and shall have no
such information as is required by the County for each Animal presented to the Facility for legal effect or significance.
acceptance. The County shall maintain a ledger o f the date, time, species, and description o f each
Animal delivered to and accepted by the Facility. The County shall submit an invoice to the City 13. Entire Agreement. This Agreement constitutes the entire agreement between the
on a monthly basis containing a description o f the services provided by the County to the City parties and supersedes any prior negotiations, written or verbal, and any other bid or bid
under this Agreement. The City shall pay each invoice within 30 days o f the date of the invoice. specifications or contractual agreement.

6. Termination. This Agreement may be terminated by the County or City upon for 14. Governing I-aw: Venue. This Agreement shall be governed by the laws o f the state
any o f the following reasons or under any o f the following circumstances: of Missouri. Venue for any dispute arising out o f the formation, interpretation, or claims regarding
a breach o f this Agreement shall be solely and exclusively in the Circuit Court o f Taney County,
a. Upon thirty (30) days advance written notice by either party; Missouri.

b. Due to a material breach of any term or condition of this agreement; or 15. Authority. The parties represent and warrant that all actions necessary in order to
create a legal, valid, and binding agreement between the parties have been taken prior to execution
c. If appropriations are not made available and budgeted for any calendar year. o f this Agreement.

7. Assignment This Agreement may not be assigned by either party without written [Remainder of Page Intentionally Blank - Signature Page Follows]
consent by the other party.

8. Notices. All noticcs, demands and requests to be given hereunder by either party
shall be in writing and must be sent by certified mail and shall be deemed properly given if tendered
at the address set forth below or at such other address as either party shall designate by written
notice to the other:

If to County: Taney County
132 David Street / P.O. Box 1086
Forsyth, Missouri 65653

If to City: CuJrZo

POS
Brfcns**-*, M o u S U fl*
9. Bindine Effect. This Agreement shall be binding upon the parties hereto and their
successors and assigns for so long as this Agreement remains in full force and effect.

Commissioner Williams moved to approve the Jurisdictional agreement by and between Taney
County and the City of Branson. Commissioner Wyatt seconded the motion. The motion passed
by vote: Scofield (aye), Williams (aye), and Wyatt (aye).

Presiding C o m m i s s i o n e r / E a s t e r n Commissioner Western Commissioner ^ 3 0
COURT ORDERS
Chuck Pennel, Taney County Assessor, and Wesley Shoemaker, Chief Deputy Clerk, came
before the Commission to present Court Orders.

*Personal Property Paid Abatements #300235- #300239

PP PAID ABATEMENTS .

Date: <jm r iM Exhibit: /?

AbWuraber AbVear Status Date Account Name Reason EnclVal AdjVal Approved Disapproved
300235 2017 PENDING 2018-03-27 1-85036-900 BELDEN CHRISTY DID NOT OWN 01/01/17 0 -1760 ■f
300236 2015 PENDING 2018-03-28 1-97631-900 HANKINS DEVIN 2005 PICKUP DID NOT AUTO DEPRICATE 300 -1870 r ......
300237 2016 PENDING 2018-03-28 1-97631-900 HANKINS DEVIN 2005 PICKUP DID NOT AUTO DEPRICATE 1190 -1870 x
300238 2017 PENDING 2018-03-28 1-97631-900 HANKINS DEVIN 2005 PICKUP DID NOT DEPRICATE 1170 -1870 ■r
300239 2017 PENDING 2018-03-29 1-111299-900 HAZELL KARAH L & DALYN D PAID TWICE FOR 2003 INTREPID. 100 -200

Commissioner Williams moved to approve Exhibit A dated April 9, 2018. Commissioner Wyatt
seconded the motion. The motion passed by vote: Scofield (aye), Williams (aye), and Wyatt
(aye).

APPOINTMENT TO PLANNING AND ZONING BOARD
Scott Starrett came before the Commission to discuss the appointment to the Planning and
Zoning Board. Mr. Starrett requested that the Commission appoint Devin Huff.

Commissioner Williams moved to appoint Devin Huff to the Planning and Zoning Board
effective April 10, 2018.

Commissioner Williams amended his motion to say:
Devin Huff, Road and Bridge Administrator to the Planning and Zoning Board effective April
10, 2018.

Commissioner Williams amended his motion to say:
Devin Huff, Road and Bridge Assistant Administrator, which will be the Road and Bridge
Administrator, effective immediately upon the retirement of Randy Haes to the Planning and
Zoning Board effective April 10, 2018.

Discussion ensued.

Commissioner Wyatt rescinded her second. Commissioner Williams rescinded his motion.

Commissioner Wyatt moved to appoint Devin Huff, Assistant Road and Bridge Administrator, to
replace Randy Haes, Road and Bridge Administrator, effective April 10, 2018. Commissioner
Williams seconded the motion. The motion passed by vote: Scofield (aye), Williams (aye), and
Wyatt (aye).

APPOINTMENT TO TANEY COUNTY TRANSPORTATION ADVISORY BOARD
Commissioner Williams moved to appoint Devin Huff to the Taney County Transportation
Advisory Board effective April 9, 2018. Commissioner Wyatt seconded the motion. The motion
passed by vote: Scofield (aye), Williams (aye), and Wyatt (aye).

DISCUSSION ON EARLY RETIREMENT
Ruth Denham with Human Resources presented the Commission with information from Taney
County Attorney Travis Elliott.

Discussion ensued.

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

AMENDED AGREEMENT BETWEEN THE WHITE RIVER HISTORICAL SOCIETY,
INC AND TANEY COUNTY #18-040CM
Presiding Commissioner Scofield read a letter dated April 2, 2018 from Travis Elliott which
stated that he reviewed the amended agreement and approved it to form.

Presiding Commissioner Eastern Commissioner \ f • Western Commissioner
 No. IS440CM
No. 1S-040CM

AMENDED AGREEM ENT BETWEEN
TH E W H ITE RIVER VALLEY HISTORICAL SOCIETY, INC.
AND TANEY COUNTY, MISSOURI o jW A iL U W
Donna Neeley, County Clerk Robbcrta Mesenbrink, Secretary
This amended agreement is entered into by Taney County, Missouri, a political subdivision o f the
State o f Missouri (hereafter "County") and The White River Valley Historical Society, Inc., a not-
for-profit corporation (hereafter "Society"), pursuant to Section 70.220 RSMo, for the mutual
benefit o f the parties and the public in providing for a common service.
Certification of Accounting Offlccr pursuant to Section 50.660 RSMo:
W H EREA S, County and Society have previously entered into the agreement attached hereto as
Exhibit A; The undersigned, as Budget and Accounting Officer for the County o f Taney, certifies
that there is a balance otherwise unencumbered in the county treasury to the credit of the
W H EREA S, County and Society wish to amend the terms of the agreement, as set forth below, appropriation to which the financial obligation imposed upon the county by this
Agreement is to be charged, and there is a cash balance otherwise unencumbered in the county
treasury to the credit o f the fund from which payment is to be made, each sufficient to meet the
W H EREA S, the agreement as amended will be to the mutual benefit o f the parties in providing obligations scheduled to be incurred under this Agreement.
for a common service o f benefit to the public.

NOW , TH ER EFO R E, County and Society, each for and in consideration o f the promises o f the
other contained herein, agree:

1.) Exhibit A is incorporated herein by reference.

2.) Notwithstanding anything to the contrary contained herein, County may, in its sole discretion,
pay amounts to Society, during the term o f this agreement. In excess o f the original limit o f $60,000
referenced in paragraph 2 o f Exhibit A. The last sentence o f paragraph 2 o f Exhibit A is hereby
deleted from the agreement.

IN W ITNESS W H EREO F, the parties hereto have executed this Amended Agreement.

TANEY COUNTY, MISSOURI W H ITE RIVER VALLEY
HISTORICAL SOCIETY

Lsjl
M ike Scofield, PreAraing Commissioner Richard Swan. President

LL.

No. I7-159CM
Exhibit ‘A* IN WITNESS WHEREOF, the parties hereto have executed this Agreement

TANEY COUNTY, MISSOURI
AGREEMENT BETWEEN
THE W H ITE RTVER VALLEY HISTORICAL SOCIETY, IN C
AND TANEY COUNTY, MISSOURI Date: /fa ftft
Mike Scofield. Preiidina Commissioner * •
This agreement is entered into by Taney County, Missouri, a political subdivision o f the State o f
Missouri (hereafter "County") and The White River Valley Historical Society Inc^ a not-for-profit
corporation (hereafter "Society"), pursuant to Section 70.220 RSMo, for the mutual benefit o f the ATTEST
parties and the public in providing for a common service.
I, Donna Neeley, as the Clerk of the Taney County Commission hereby attest that the above
Agreement was executed by tho County Commissioner who signed i t namely Mike Scofield, and
WHEREAS, Society will continue to scan, digitize and index historical documents, including that it was signed pursuant to a duly passed motion o f the Taney County Commission approving
records o f County governmental offices, and provide public access to those records; and the above agreement

W HEREAS, Society will continue to operate and maintain a research library and historical
Museum at the White River Valley Historical Society and will operate and maintain the Branson
Centennial Museum where historical documents and other items o f historical interest and value 4 /V /7 '
are available for viewing by the public, free o f charge; and

W HEREAS, Society will prepare and maintain maps of cemeteries in County, and compile Certification of Accounting Officer pursuant to Section 50.660 RSMo:
information regarding individuals interred in the cemeteries, all o f which will be available to the
public; and The undersigned, as Budget and Accounting Officer for the County o f Taney, certifies that
there is a balance otherwise unencumbered in the county treasury to tho credit of tho appropriation
W HEREAS, Society will creatc and maintain oral histories from long-term residents of County, to which the financial obligation imposed upon the county by this Agreement is to be charged, and
all o f which will be available to tho public, free o f charge; and there is a cash balance otherwise unencumbered in tho county treasury to tho credit of the fund
from which payment is to be made, each sufficient to meet tho obligations scheduled to be incurred
W HEREAS, the activities o f Society constitute a common public service o f substantial value to under this Agreement
the public and the County.

NOW , THEREFORE, County and Society, each for and in consideration of the promises o f the By: ■ P ro : /-3-/f
other contained herein, agree: Rick Findley, Taney CguatyAuditor

1.) Society will perform the services and activities described herein.
RIVER VALLEY HISTORICAL SOCIETY
2.) To assist with the expense o f providing services to the public, County shall pay Society.
$20,000, due upon execution o f this agreement by all parties; $20,000, due no later than June 1,
2018; and an amount not to exceed $20,000, due no later than September 1,2018, said amount to *7 ) Date: /-P I T - /f
be determined in the discretion o f County upon the basis o f need as demonstrated by Society prior Richard Swan, President
to the due date for the payment In no event shall the sum o f the payments by County exceed
$60,000.
A TTEST: D ale:
3.) The term o f this agreement shall commence upon execution by all parties and shall terminate Robbcrta Mesenbrink
December 31,2018. Secretary

4.) Society will obtain and maintain liability insurance coverage applicable to any claims for
damage arising out o f the activities o f Society, and shall Indemnify, release, and hold harmless
County, its agents, employees and officers from any causes of action arising out o f or In any way
related to this agreement, financial support by County o f Society, or the actions of Society.

Commissioner Williams moved to approve the amended agreement by and between White River
Historical Society and Taney County. Commissioner Wyatt seconded the motion. The motion
passed by vote: Scofield (aye), Williams (aye), and Wyatt (aye).

UNIVERSITY OF MISSOURI EXTENSION UPDATE
Willa Williams came before the Commission to give updates on the following topics:

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

RECESS
9:41 a.m.

RECONVENE
10:05 a.m.

218
Presiding Commissioner^ / ; Eastern C o m m issio n er^ ^; Western Commissioner 2 X J
DAILY STAFF REVIEW & AGENDA REQUESTS
(Taney County Commission Conference Room)
The Commission met with their staff to review the day’s business and go over agenda requests.

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

ADJOURN
10:38 a.m.

The Minutes were taken and typed by Deputy Clerk Ally Clemans.

Presiding C om m issioner/^^ ; Eastern Commissioner 4 h Western Commissioner
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220
Presiding Commissionsx/ T f t d ; Eastern Commissionei^ b O Western Commissioner