Commission Minutes

OFFICIAL
COMMISSION MINUTES
JULY 30th, 2018 5th DAY OF
THE JULY ADJOURN TERM

PRELIMINARY STUDY
The County Commission met in the Commission Conference Room at 8:31 a.m. with Mike
Scofield (present), Brandon Williams (absent), and Sheila Wyatt (present).

The Commission met to review the day’s agenda.

RECESS
8:44 a.m.

RECONVENE
9:00 a.m.

PUBLIC COMMENT
None.

CALL TO ORDER
Presiding Commissioner Scofield called the Commission meeting to order at 9:02 a.m.

FORMAL AGENDA
The County Commission met in the Commission Hearing Room with Mike Scofield (present),
Brandon Williams (present), and Sheila Wyatt (present).

COMMISSION REMARKS
None.

APPROVE ACCOUNTS PAYABLE
Commissioner Williams moved to approve Checks #450779 thru #450847, no Warrants, and no
Journal Entries/Transfers. Commissioner Wyatt seconded the motion. The motion passed by
vote: Scofield (aye), Williams (aye), and Wyatt (aye).

APPROVAL OF PREVIOUS MEETING MINUTES
Commissioner Williams moved to approve Previous Regular Session Minutes dated July 23rd,
2018 with corrections. Commissioner Wyatt seconded the motion. The motion passed by vote:
Scofield (aye), Williams (aye), and Wyatt (aye).

Commissioner Williams moved to approve Executive Session Minutes dated July 23rd, 2018 with
corrections. Commissioner Wyatt seconded the motion. The motion passed by vote: Scofield
(aye), Williams (aye), and Wyatt (aye).

BOARD APPOINTMENT - 911 ADVISORY BOARD
Tammy Hagler came before the Commission to answer any questions on this matter.

Commissioner Williams moved to appoint Jeffrey Matthews to serve on the 911 Advisory Board
to fulfill the term left vacant from Stan Dobbins to end on December 31st, 2018. Commissioner
Wyatt seconded the motion. The motion passed by vote: Scofield (aye), Williams (aye), and
Wyatt (aye).

BID RECOMMENDATION FOR HVAC SERVICES (EPM) #201806-412
Ron Erickson, Taney County Purchaser, and Scott Terpening, Building & Grounds
Administration, came before the Commission to speak about a bid that was put out for HVAC
services. Their recommendation was Temperature Control o f Springfield.

Commissioner Williams moved to award bid #201806-412 to Temperature Control o f
Springfield, MO. Commissioner Wyatt seconded the motion. The motion passed by vote:
Scofield (aye), Williams (aye), and Wyatt (aye).

Presiding Commissioner , , ; . ^ ; Eastern Commissioner ^ [ ^ Western Commissioner
BEAVER CREEK RANCH ROAD - GRANT OF PERMANENT & PERPETUAL
EASEMENT & RIGHT-OF-WAY FOR PUBLIC ROAD PURPOSES (DAVID EASLEY)
#17-027RB
Devin Huff, Road & Bridge Administrator, came before the Commission to answer any
questions.

G rant o f P ermanent and P erpetual E asement
And R iciit -o f -W ay For P ublic R oad P urposes To have ..id to hold the premise. aforesaid for the aforesaid use with all and lingular the richu, privileges
Ind' 'hereto belonging, or In anywise appertaining, unto the GRANTEE, Its
^ ’hV 'j d GRANT0RS hCTt^ covenanting that GRANTORS are
toart Hrh! ^ i Indefeasible estate In fee in the premises herein conveyed; that GRANTORS have
done or^uflircd^bv GRANTORi ^ ‘h° lUld pronli** • " frte ,nd clear o f*n>' encumbrances
^ or those under whom GRANTORS claim and that Oranlon will warrant
T ? * * UnI° lho aU GRANTEE and unto its successor, and assign,
grant ind convey unto forever, against the lawftil claims and demand, of all persons whonuoever.

t? U^ V ’ >l‘SS0UR[' P 0 - 1086, Forsyth, Missouri 65(553 1 body politic uxl IN WITNESS WHEREOF, the said GRANTORS have caused these presents to be executed this
corporate, hereinafter referred to u “CRANTEE", - S ' -----“ y °r— JU U f ___ __________ , 20 l!?.

for and in consideration o f One Dollar (S1.00) and other good and valuable consideration
received, the receipt o f which is hereby acknowledged, and for the advantages to be
gained from the existence o f such road improvements, do hereby grant, bargain, sell
transfer, and confirm unto GRANTEE, its successors, heirs and assigns, a permanent and
perpetual easement and right-of-way for the purpose o f locating, constructing,
maintaining, removing, operating, replacing and improving the public road now known as
BeavCT creek Ranch Road for the passage o f vehicular and pedestrian traffic and for all
uses incident thereto, over, upon, under and through the following described tract o f land
laying and being situate in the County o f Taney, State o f Missouri, to-wit:

Legally described as set forth in Exhibit “A " to this easement document, and
incorporated herein by reference as thoughfu lly set out.

ACKNOWLEDGMENT

STATE OF.MiCiCILn
COUNTY OF

O",hl* - 3 — day of _xTU I v| ----------. 20± % befota me a Notary Public personally appeared:

fo rtioln iln
fortfolng m ^l^Vand
Instrument ^r'acknowl«dC
iU,bai',j cd dial they aaeculed
lo **the
Uw P ™as their
same deicilbed Inand
ftee act anddeed.
who executed I

m SSSZ ' V" EMEOF’ ' h,y* h*™"“ **' *» ^ my Otnelal sea. ,h«d,y«d„

...
1 Notary public ^ tll liu it o a t

1 My commistlon expires U ~lO '3CP^~
-rSsSSSSS,,
APPROVAL or CONVEYANCE
---------- —immlsslon &
manent and Perpetual Easement and R

_
Mike Scofield. Presiding Commissioner
Taney County Commission

Conveyance aai hi. the act and deed on behalf of the Taney County Commission, pursuant to a vole c
aney i^unty commission lo accept the above property Interest on behairof Taney County, Missouri.
? ltflt 0f lh* "?ney Counl>’ Commlulon. do hereby certify that the above
toregomt Is the Oram of Permanent and Perpetual Easement and Right-Of-Way accepted by the T
County Commission and signed by the Presiding Commissioner on this Jtfday of
a

Commissioner Williams moved to approve the Grant o f Permanent & Perpetual Easement &
Right-of-way for Public Road Purposes by and between David Easley and Linda Easley and
Taney County. Commissioner Wyatt seconded the motion. The motion passed by vote: Scofield
(aye), Williams (aye), and Wyatt (aye).

TEMPORARY CONSTRUCTION EASEMENT - LEHMAN CONSTRUCTION
COMPANY #18-093RB
Devin Huff, Road & Bridge Administrator, came before the Commission to answer any
questions.

Presiding Commissioner Scofield read a letter from Taney County Attorney Travis Elliott dated
July 25th, 2018 which stated that he reviewed the proposed easement and approves it to form.

TEM PORARY CONSTRUCTION EASEMENT
restore the Temporary Easement Area as nearly us reasonably possible to the same conditii
THIS TEMPORARY CONSTRUCTION EASEMENT ("Easement” ) made th is____ ___ which it existed immediately prior to Contractor’s conslruction activity unless otherwise
o f July. 2018. by and between Taney County. Missouri (“Owner”) nnd indicated in this Agreement.
Ixhmon Construction Compnny ("Contractor-). The mulling address o f Taney County. Missouri
is P.O. Box IOIH, Forsyth. MO 65653. The mailing address ofl.chm nn is OCX) Russellville Rd. The temporary construction casement granted in this indenture is limited to the uj
California. MO 65018.
purposes herein befofc expressed and fc ' ~ ' ---------

A NON-EXCLUSIVE TEMPORARY CONSTRUCTION EASEMENT ON. UNDER. OVER
AND ACROSS THE REAL PROPERTY OWNED IIY TANEY COUNTY. MISSOURI AND
DEPICTED AT AGREED UPON LOCATION ("TEMPORARY EASEMENT AREA")

TO HAVE AND TO HOLD said Temporary Easement Area for the purposes herein set
out. together with all nnd singular the rights. privileges, appurtenances and immunities thereto
belonging, or In anywise appertaining, unto said Contractor. Its successors ami assigns. Owner, Owner agrees that tills Easement, at all times prior to the termination hereof, shall be
its successors, assigns, agents, contractors, subcontractors and employees sluill have the right to
enter upon said Temporary liascmcnt Aren to olituln -601)0 CY suitable approved nil binding upon Owner’s successors and assigns and that in the event the premises subject to the
m aterial fur the construction nf the Riiumlaliiiul ut the Ktc. 160/76 Intersection. Including easement is sold, assigned or convoyed, the purchaser or grantee thereof shall be adv ised o r the
the right to pa rk vclilclca anti to atnrc tools, rt|ulnm enl and machinery' anti svllhnut existence of this temporary grant and that said transfer shall be made subject to the rights of
limiting tlie generality of the foregoing, shall Incfitile the right toi Conlractor herein.
1. Load nppra. 6000 CY o f engineer appro This Easement sliall be governed by and construed in accordance with the laws of the
2. O wner to meet with C ontractor onsite p
Stale of Missouri. In case ar.y one or more of the provision* contained in this Easement shall for
any reason be held lo be invalid, illegal or unenforceable in any respect, such invalidity, illegality
Contractor agrees that all work and/or maintenance performed hereunder shall bo cnnductcd In a ------ " " — ........Tcct any other provision hereof, nnd this Easement shall be
good nnd workmanlike manner, free and clear o f any nnd all mechanics- and materialmen's liens, ---------r.------ i-i------i.~i —-~r been contained herein.
with minimal interference with the operations being conducted on Owner property and in
accordance with the applicable laws, statutes, ordinances, rules, regulations, orders ami all other
requirements o f any governmental authority or similar entity which are applicable to or affect all Tlie persons executing this document represent and warrant: (i) that he or she Is
or a portion o f Owner's property. authorized to do so on behalf of Washington Hank and/or Contractor, as applicable: and (it) that
he or she lias full legal power ond authority to bind the party for which the individual is
executing In accordance with the terms herein and. ir necessary, has obtained all required
repair, replacement ot consents or delegations of such power and authority (whether from any partner, owner, spouse,
o f the Temporary Easement Area. Contractor s shareholder, director, member, manager, creditor, investor, developer, governmental authority,
(l) maintain a policy or policies o f public liability Insurance naming Owner judicial or administrative body, association, or other person or entity).
and anv holders o f recorded deeds o f trust thereon which are Identified lo Contractor, as
additional insured panics, with minimum limited of One Million Dollars ($1,000,000) This Easement contains the entire agreement between the parties relating to the rights
for personal injury, death or damage lo property resulting from the exercise and/or use o f herein granted and the obligations herein assumed. Any or all represcntalions or modifications
tlie casements granted by this document, and provide evidence of such coverage to conccming this Easement shall be o f no force and effect except for a subsequent modification tn
Owner,
(J) Contractor shall hold Owner harmless for nil Injuries to persons and writing signed by the parties hereto.
damage to property arising from Lehman'* use, nnd use by I-oilman's subcontractors,
employees, suppliers. MODOT or neighbors o f the Temporary Easement Aren and/or IN WITNESS WHEREOF, said Owner has executed the above on the day and year set
Contractor's entry onto the Temporary Casement Area or other properly of Owner, forth below.
unless such Injuries or dnmage Is caused by the recklessness or willful misconduct of

cc. Con

288
Presiding Commissioner/ ; Eastern Commissioner ^Western Commissioner
 OWNKK
TANI'.Y COUNTY. MISSOUKI

II): Mike Scofield.jPresidinit Coir I
y/in/l.Z--------
STATG OP MISSOUKI
)»*■
COUNTY OF TANEY
On this ,V ) day o f Q u , } ---- 201 S. before me uppeurcd Mike Scullcld.
I‘(e«ldlny Cninmluioncr. Toney County, <G inc pcnunally known. who. belntf by me duly iwotn
did sny that lie Is the I’residiny Commissioner o f Toney County. Missouri. mid that llic foretfoiny
instrument wu* signed and by him <111 behalf o f and ax the free net und deed of said county.
ui act my hand ural nlllxed my official jenl in the

CONTRACTOR

Ll'HMAN CONSTRUCTION COMPA

Commissioner W illiams moved to approve the Temporary Construction Easement by and
between Lehman Construction and Taney County. Commissioner Wyatt seconded the motion.
The motion passed by vote: Scofield (aye), Williams (aye), and Wyatt (aye).

2018 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM
#18-097S
Kim Schade came before the Commission to answer any questions.

Presiding Commissioner Scofield read a letter from Taney County Attorney Travis Elliott dated
July 27th, 2018 which stated that he reviewed the proposed easement and approves it to form.

Commissioner W illiams moved to approve the 2018 Edward Byrne Memorial Justice Assistance
Grant Program by and between Missouri Department o f Public Safety and Taney County.
Commissioner Wyatt seconded the motion. The motion passed by vote: Scofield (aye), Williams
(aye), and Wyatt (aye).

RECESS
9:18 a.m.

RECONVENE
10:03 a.m.

TRANSFER STATION & ROAD & BRIDGE UPDATE
Taney County Commission Conference Room
Present: Presiding Commissioner Scofield, Commissioner Wyatt, Commissioner Williams,
Donna Neeley, County Clerk, Devin Huff, Road & Bridge Administrator & Denzil Brown, Road
& Bridge

There was discussion about increasing the rates for the transfer station. Devin Huff
recommended a $4.00 increase.

10:44 Commissioner Wyatt stepped out

10:44 Commissioner Wyatt returned

EXECUTIVE SESSION
10:51 a.m.

EXECUTIVE SESSION PER SECTION 610.021.1.3 (LEGAL & PERSONNEL)
Taney County Commission Conference Room

See Executive Session Minutes for motions made or votes taken.

END OF EXECUTIVE SESSION
12:15 p.m.

DAILY STAFF REVIEW AND AGENDA REQUEST

a ^
Presiding Commissioner /J fljA \ Eastern Commissioner ( ^ Western Commissioner J
Present: Presiding Commissioner Scofield, Commissioner Wyatt, Commissioner Williams and
Shanna Tilley

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

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

ADJOURN
12:21 p.m.

The Minutes were taken by County Clerk Donna Neeley and Deputy Clerk April Deal and typed
by April Deal.

29°
Presiding C o m m i s s i o n e r ; Eastern Commissioner ^ U ^Westem Commissioner -fyS