Commission Minutes

OFFICIAL
COMMISSION MINUTES
AUGUST 6th, 2018 6th DAY OF
THE JULY ADJOURN TERM
PRELIMINARY STUDY
The County Commission met in the Commission Conference Room at 8:40 a.m. with Mike
Scofield (present), Brandon Williams (absent), and Sheila Wyatt (present).

The Commission met to review the day’s agenda.

RECESS
8:51 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 #450848 thru #450918, Warrant #7034, and 2
Journal Entries/Transfers. Commissioner Wyatt seconded the motion. The motion passed by
vote: Scofield (aye), Williams (aye), and Wyatt (aye).

APPROVAL OF PAYROLL
Commissioner Williams moved to Approve Payroll. Commissioner Wyatt seconded the motion.
The motion passed by vote: Scofield (aye), Williams (aye), and Wyatt (aye).

RADIO CONSOLE DISCUSSION - SHERIFF RUSSELL
Jimmie Russell, Taney County Sheriff, came before the Commission to speak on the purchasing
of four radio consoles for the Sheriffs Office. The total amount would be $156,602.40.

Commissioner Wyatt moved to accept from Radio Phone Wireless Radio Phone Company quote
#58318-01 Contract #06913 from NASPO for the purchase of the equipment for the Sheriffs
Office between Radio Phone Company and Taney County for the amount of $156,602.40.
Commissioner Williams seconded the motion. The motion passed by vote: Scofield (aye),
Williams (aye), and Wyatt (aye).

APPROVE ACCOUNTS PAYABLE
Commissioner Wyatt made a motion to approve Warrant #7035. Commissioner Williams
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 Executive Session Minutes dated July 30th, 2018.
Commissioner Wyatt seconded the motion. The motion passed by vote: Scofield (aye), Williams
(aye), and Wyatt (aye).

291
Presiding Commissioner Eastern Commissioner (-Vj ; Western Commissioner
Commissioner Williams moved to approve Previous Regular Session Minutes dated July 30th,
2018. Commissioner Wyatt seconded the motion. The motion passed by vote: Scofield (aye),
Williams (aye), and Wyatt (aye).

A RESOLUTION TO OPT OUT OF COVERING PART TIME ELECTED OFFICIALS
IN THE LAGERS PROGRAM
Commissioner Wyatt made a motion to withdrawal from the resolution made to opt out of
covering a part time elected official in the LAGERS program that was made on May 24th, 2012
and it would sunset today. Commissioner Williams seconded the motion with discussion. The
motion passed by vote: Scofield (aye), Williams (aye), and Wyatt (aye).

KIRBY BUILDING SYSTEMS - TRANSFER STATION & MAINTENANCE BUILDING
WARRANTY CERTIFICATES #18-098RB
Presiding Commissioner Scofield read a letter from Taney County Attorney Travis Elliott dated
July 30th, 2018 which stated he reviewed the warranty certificates and approved them to form.

Devin Huff, Road & Bridge Administrator, came before the Commission to answer any
questions.

Commissioner Williams moved to approve and enter into the record and allow Presiding
Commissioner Scofield to sign as original owner on behalf of the County the four Warranty
Certificates from Kirby Building Systems for the Transfer Station & Maintenance Building.
Commissioner Wyatt seconded the motion. The motion passed by vote: Scofield (aye), Williams
(aye), and Wyatt (aye).

RESOLUTION AUTHORIZING CAREY DANIS & LOWE AUTHORITY TO
REPRESENT TANEY COUNTY, MISSOURI IN A CIVIL ACTION FOR DAMAGES
AGAINST PHARMACEUTICAL MANUFACTURERS AND DISTRIBUTORS
RELATING TO PRESCRIPTION OPIOIDS AND DECLARING THAT THE
UNLAWFUL DISTRIBUTION OF PRESCRIPTION CONTROLLED SUBSTANCES
HAS CREATED A PUBLIC NUISANCE AND A SERIOUS PUBLIC HEALTH AND
SAFETY CRISIS FOR THE CITIZENS OF TANEY COUNTY #18-070CM

RESOLUTION AUTHORIZING CARRY DANIS & LOW E AUTHORITY TO W HEREAS, there is n substantial need for the legal serv ices: and
REPRSENT TANEY COUNTY, M ISSOURI IN A CIV IL ACTION FO R DAMAGES
AGAINST PHARM ACEUTICAL MANUFACTllERS AND DISTRIBUTORS W HEREAS, the legal services cannot be adequately performed or provided solely by the
RELATING TO PRESCRIPTION O PIOIDS AND DECLARING TH A T TH E attorneys and supporting personnel o f the counly; and
UNLAW FUL DISTRIBUTION O F PRESCRIPTION CONTRO LLED SUBSTANCES
HAS CREATED A PUBLIC NUISANCE AND A SERIOUS PUBLIC HEALTH AND W HEREAS, the legal serv ices cannot reasonably be obtained from attorneys in private
SAFETY CR ISIS FOR TH E CITIZEN S O F TANEY COUNTY practice under a contract providing only for the payment o f hourly fees, without regard lo the
outcome of the matter, because o f the nature o f the mailer for which ihc services will be obtained
WHERE/VS. The County Commission o f Taney County is the p o lio -determining body and because the County docs not la v e appropriated funds available lo pay the estimated amounts
o f Taney County: and required under a contract providing only for the payment o f hourly fees: and

W HEREAS, the Commission has the authority to take action to protect the public health,
NOW , TH E R E FO R E , BE IT RESOLVED by the County Commission ofT ancy
safety, nnd welfare o f the cilizcns o f Taney County; and
County. Missouri:
W HEREAS, there exists a serious public health and safety crisis involving opioid abuse,
1. Annrovnl o f Authority lo Rcnrcscnl. The Counly Commission hereby approves
addiction, morbidity, and mortality in Taney Counly: and
Ihc Authority to Represent, in substantially the form submitted lo and reviewed by the Counly
W HEREA S, the diversion of legally produced controlled substances into the illicit Commission, in the form attached nnd incorporated herein by reference as Exhibit A, to
market causes or contributes to the serious public health and safety crisis involving opioid abuse, investigate, and if appropriate, pursue in stale or federal court all civil remedies which may be
addiction, morbidity, and mortality in Taney County; nnd afforded under law os against the manufacturers and distributors in the chain of distribution o f
controlled substances who have caused or contributed to ihc public nuisancc and serious public
W HEREAS, the violation o f any laws o f Missouri or o f the United States o f America health and safely crisis involving opioid abuse, addiction, morbidity, and mortality in Taney
controlling the distribution o f a controlled substance is inimical, harmful, and adverse o f the County, Missouri.
public welfare o f tlie cilizcns o f Taney County and constitutes a public nuisance; and
2. Hxcculion. The Counly Commission hereby authorizes and directs tlie Presiding
W HEREA S, Taney County expended, is expending, and will continue to expend in the Commissioner, and such other officials and agents o f the County, to execute nnd deliver the
future Counly public funds to respond lo the serious public health and safely crisis involving Authority to Represent, attached as Exhibit A. and to execute such other documents and
opioid abuse, addiction, morbidity, and mortality in Toney County: and instruments as may be necessary or desirable to carry out and comply with the intent o f this
Resolution, and lo cany out. comply with and perform ihc duties o f the County with respect to
W HEREAS, the County Commission o f Toney Counly may sue to obtain any money
the provisions set forth in Exhibit A.
due the Counly; and

W HEREAS, the Counly Commission ofTancy County has received information thul 3. Compliance wilh Meetings Requirements. The County Commission finds and
indicates that the manufacturers ond wholesale distributors o f controlled substances in Toney determines that all formal actions relative to Ihc passage o f this Resolution were taken in an open
County may have violated state ond federal law* ond regulation that were enacted lo prevent the meeting o f ihc Counly Commission, and that all deliberations o f this County Commission, which
diversion oflcgally produced controlled substances into the illicit market and to prevent the resulted in formal action, were taken in meetings in full compliance with applicable legal
misuse o f such drugs: and requirements.

W HEREAS, the County Commissioner ofTancy County has THE AUTHORITY to take 4. Passage ond Approval, This Resolution, and the Authority to Represent, attached
suitable and proper measures to prosecute a suit on behalf o f the County; as Exhibit A. shall be in full force and clTcct from and oiler the date o f its passage and approval
by the County Commission.
W HEREAS, the cilizcns of ihis Counly will benefit from retention o f outside counsel lo
investigate and pursue, as appropriate, claims against the manufacturers and distributors of ADOPTED by ihe County Commission ofTancy County. Missouri, th is___day o f
controlled substances in this County, on a contingent fee basis, wherein there is no oltomey fee
August. 2018.
or reimbursement o f litigation expenses if there is not recovery: and

Mike Scoficld. Prcsiusig Commissioner

Brandon Williams. Associate Commissioner

icila Wyatt, Associate Cplnmissic

t)onna Nce!c)7c(/fin$ CIcrk ^

292
Presiding C o m m i s s i o n e i E a s t e r n Commissioner - 5^ ; Western Commissioner ^ rjj __
Commissioner Williams moved to approve the resolution authorizing Carey Danis & Lowe
Authority to Represent Taney County, Missouri in a Civil Action for Damages against
Pharmaceutical Manufacturers and Distributors Relating to Prescription Opioids and Declaring
that the Unlawful Distribution of Prescription Controlled Substances has created a Public
Nuisance and a Serious Public Health and Safety Crisis for the Citizens of Taney County.
Commissioner Wyatt seconded the motion. The motion passed by vote: Scofield (aye), Williams
(aye), and Wyatt (aye).

AUTHORITY TO REPRESENT #18-070CM
A U T H O R IT Y T O R E P R E S E N T CLIENT and the Attorneys regarding the definition of a “successful recovery”

The Attorneys intend to present a damage model designed to abate tlie public health and safety
RE:
crisis. This damage model may take the form o f money damages or equitable remedies (e.g., ubatemen'
fund), Tlie purpose of the lawsuit is to seek reimbursement o f ihc costs incurred in the post fighting th<
opioid epidemic and/or recovcr the funds necessary to abate the health and safety crisis caused by tht
Taney County, MISSOURI (hereinafter “Client*") hereby retains tlic law firm CAREY, DANIS unlawful conduct o f the wholesale distributors. Tlie Client agrees to compensate the Attorneys,
&. LOWE, on n contingent fee basis, lo punuc e!lcivil remedies against those in the chain o f distribution of contingent upon prevailing, by paying 30*,i of any sctllcmcm/resolulion]udgmcnt. in favor o f the C lient.
prescription opiates responsible for the opioid epidemic which is plaguing Taney County, Missouri, whether it lakes the form of monetary damages or equitable relief. For instance, if the remedy is in the
including, but not limited to. Tiling a claim for public nuisancc to abate the damages caused thereby, failure form of monetary damages. Client agrees In pay 30% of the gross amount to Attorneys as compensation
lo warn, negligence, ncgligcncc per sc, civil conspiracy and tlial the Defendants worked in conecrt with and then reimburse Ihc reasonable litigation expenses. If the remedy is in Ihc form o f equitable relief (e.g..
each other. Juhn F. Garvey, Esq. (MO Bar U 35879) of the law linn CAREY. DANIS & LOWE, shall abatement fund), Client agrees to pay 30% of the gross value of the equitable relief to the Attorneys as
serve as Lead COUNSEL C lient authorizes lead counsel to employ and'or associate additional counsci, compensation and then reimburse the reasonable litigation expenses from the settlement or judgment, as
applicable. To be dear. Attorneys shall not be paid nor receive reimbursement from public funds.
with consent o f C lient, to assist Lead C ounsel in tlie just prosecution o f the ease. C lien t consents to the
However, any judgment arising from successful prmccution of Use case, or any consideration arising from a
participation o f the following firms:
settlement of the matter, whctlicr monetary or equitable, shall not be considered public funds for purposes
o f calculating the contingenl fee. Under no circumstances shall the CLIENT be obligated to pay any
C arey Danis & Lome
Attorneys fee or any litigation expenses except from moneys paid by Dcfendant(s) pursuant to the
8235 Forsyth Blvd., Sic. 1100
resolution of the Client' s claims. If the Dcfcndanl(s) expend their own resources to abate the public
St. Louis. MO 63105 health and safety crisis in exchange for a release of liability, then the Attorneys will be paid the designated
contingent fee from the resources expended by tlie Defendant!*). Client acknowledges this is a nccessary
Styron Law Firm condition required by the Attorneys lo dedicate their time and invest their resources on acontingent basis to
302 E. Church this enormous project If the Dcfendant(s) negotiate a release of liability, then the Attorneys should be
Ozark. MO 65721 compensated based upon the consideration offered lo induce the dismissal of the lawsuit.

In consideration. C lient agrees to pay thirty percent (30V.) of the total recovery (gross) in favor of Tlie division of fees, expenses and labor between tlie Attorneys will be decided by private
the Client as an attorney fee whether the claim is resolved by compromise, settlement, or trial and verdict agreement between tlie law firms and subject to approval by the C lient. Any division of fees will be
(and appeal). The gross recovery shall be calculated on the amount obtained before the deduction of costs governed by the Missouri Rules of Professional Conduct including that: (I) tlie division of fees is in
and expenses. CLIENTgrants Attorneys an interest in a fee based on the gross recovery. If a court awards proportion lo the sen ices performed by each lawyer or. by written agreement with tlie clicnt. each lawyer
attorneys’ fees. Attorneys shall receive the "greater of" the gross recovery-based contingent fee or the assumes joint responsibility for the representation; (2) tlie C lient is advised of and docs not object lo the
attorneys’ fees awarded. Then Is no ft* If there b no recovery. participation o f all the lawyers involved: and (3) tlie total fee is rrasmmhle. In Ihc event that the contingent
fee portion of this agreement is determined to be unenforceable for any reason or Ihc Attorneys are
CAREY DANIS & LOWE, hereinafter referred to as the “Attorneys,” agree to advancc all necessary prevented from representing CLIENTon a contingent fee basis. CUCNT agrees to pay a reasonable fee for the
litigation expenses necessary to prosccute these claims. All such litigation expenses, including the services rendered, but only from and in an amount that does not exceed the moneys paid by Defendant! s)
reasonable internal cosLs o f electronically stored information (ESI) and electronic discovery generally or pursuant to ihc resolution of the C lien t's claims.
the direct costs incurred from any outside contractor for those services, will be deducted from any recovery
alter the contingent fee is calculated. There is no reimbursement of litigation cipcntes if there Is no Lead Counsel shall appoint a contact person to keep the C lient reasonably informed obout the
recovery. status o f the matter in a manner deemed appropriate by the C lient. The CLIENTat all limes shall retain the
authority to decide the persons to name as Defendants, the disposition of the case and lo maintain absolute
The CLIENT acknowledges this fee is reasonable given the time and labor required, the novelty and control o f the litigation.
difficulty o f the questions involved, and the skill requisite to perform the legal service properly, the
Upon conclusion o f this mailer, L inn Counsel shall provide the Client with a written statement
likelihood this employment will preclude other employment by the Attorneys, the fee customarily charged
suiting the outcome of the matter and, if there is a recovery , showing the remittance to the client ond the
in the locality for similar legal services, the anticipated (contingent) litigation expenses and the anticipated method of its determination. The closing statement shall specify the manner in which the compensation
results obtained, the experience, reputation, and ability of the lawyer or lawyers performing the serv ices wns determined under the agreement, any costs and expenses deducted by the lawyer from thejudgmem or
and tlie fact that the fee is contingent upon a successful recovery. settlement involved, and. if applicable, the actual division of the lawyers' fees with a lawyer not in the
same firm. The closing statement shall be signed by the Client and each attorney among wtiom the fee is
This litigation is intended to address a significant problem in the community. The litigation focuses being divided.
on the w holcsalc distributors and their role in the diversion of millions of prescription opiates into the illicit
market which has resulted in opioid addiction, abuse, morbidity and mortality. The litigation will be very Nothing in this Agreement and nothing In the Attorneys' statement to the C lient may be construed
expensive and the litigation expenses will be udvanced by the Attorneys with reimbursement contingenl as a promise or guarantee about the outcome of this milter. The Attorneys make no such promises or
upon a succcssAil recovery. The outcome is uncertain, as is nil civil litigation, with compensation guarantees. Attorneys' comments about the outcome of this matter are expressions of opinion only and
contingent upon a successful recovery. Consequently, there must be a clear undemanding between the the Attorneys make no guarantee as to the outcome of any litigation, settlement or trial proceedings.

ibis day o f j k l S i U s t — . 20! 8.

Acccptcd:

CAREY, DANIS & LOWE

John F. Garvey, Esq.
U a d Counsel

Commissioner Williams moved to approve the Authority to Represent by and between Taney
County and Carey Danis & Lowe. Commissioner Wyatt seconded the motion. The motion
passed by vote: Scofield (aye), Williams (aye), and Wyatt (aye).

AGREEMENT FOR HVAC SERVICES (JUDICIAL CENTER & JAIL FACILITIES -
EPM/CTC SOFTWARE) #18-099M
AOREEMENT
for
HVAC SERVICES (Judicial Centor & Jan FociHtles- 'EPMI CTC' Software )
Termination, This Agroement may bo terminated by the County upon thirty days advonci
THIS AGREEMENT dated tho 1 day o f ^ A ysiV^T_____ 201J l o made botwoen written notico for any of tho following reasons or under any of tho following circumstances:
Tnnoy County, Missouri, a political subdivision of tho StoAi of Missouri, (-hereinafter 'County')
a. Duo to material breach of any term or condition of this Agreement, or
ond Temperature Control Co. of Springfield. Missouri, (hereinafter ’Contractor*).
b. If In the opinion of tho Taney County Commission Services aro delayed or
NOW, THEREFORE IN CONSIDERATION of the mutual considerations and obligations of are not provided in conformity with specifications or varlancos authorized by County.
tho ponies contained herein, tho parlies agree os follows:
1. Contract Documents. Tho contract documents to this Agreoment to provide HVAC Servlcos c. If appropriations oro not made available and budgeted for ony calondar year,
for tho Taney County Judicial Center and Jail facilitios (‘Services*) shall Includo the Contractor s
bid response to County’s Request For Bid A 201800-412 and any applicable addenda which are Venuo for any dispute arising out of tho formation. Interpretation, or claims regarding a bread
attached hereto and Incorporated horein by reference as Exhibit A (‘Contract Documents')
of this Agroemont shall be sololy and exclusively In the Circuit Court of Taney County Missouri
Product or Services data, specifications and literature submitted may bo permanently maintained
In tho County Purchasing Office, This Agreoment shall bo subject to tho roquiromonts. terms, IN WITNESS WHEREOF tho parties through their duly authorized representatives horoby
and conditions set forth In the Contract Documents In the evont of a conflict botwoen any of the execute this Agroomont.
foregoing Contract Documents, and this Agreoment, tho terms and conditions of this Agreement
shall provall and control. Taney County Missouri
2. Contract Pilce. Services provided undor this Agreoment shall not exceod the prices as quotod ’Contractor" Temperature Control Co. By: Tanoy County Commission /
in tho attached bid response tables Said sorvlces will bo porfomted on on *as needod' basis
with scheduling being comploted via mutual agreoment of the parties, Including all items listed
within the bid response Contractor must comply with Missouri Prevailing Wage Work Order #25
currently In place as it opplios spocificolly to Tanoy County (110), which is contained In Exhibit Authorized Person (PRINT) Mike Scofield. Presiding 'Commissioner
A, and Incorporated heroin by roforence. If certoin unusual circumstances occur rogarding
specific services availability, tho County may consider all other options, including tho next lowest
Bidder. i/e.jn
3. Contract Duration. This agreement shall commence on tho dato It Is fully oxocutod ond extend
for 12 months thereafter, subject to tho provisions for termination spacifiod below. This
agreomont may bo automatically renewed for an additional four (4) ono-yoar periods by order of
tho County Commission subject to the pricing clausos as agrood to. and offered by tho
Contractor's bid response to continue to perform services on an “as needed" basis. This
agroomont may be renewed thereafter on a month to month basis for up to six months m tho
event the County is unable to re-bid and award a now contract prior to full expiration
4. Billing and Payment. All billing shall bo invoiced with specific department Information and Address: Tomporaturo Control Co.
Includo bid roforence *201806-412 for tracking. Billings and Invoices may only includo the prices
provided for via this Agreement. No additional feos or extra services not Included, or taxos, shall 613 N. Main Ave.
be included as additional chargos In oxcoss of the charges In this Agreemont or tho Contract Springfield. Mo. 65806
Documents. Tho County agroos to pay all correct statements within thirty days of receipt
Contractor agroos to honor any cash or prompt payment discounts, if any oro avaltablu, when
County makos paymont as provided therein. In tho event of a billing dispute, tho County reserves AUDITOR CERTIFICATION
in acccudanco with SO680 RSMo. I hereby certify thi
tho right to withhold payment on tho disputed amount is available to satisfy tho ot>ligatK>r>(») arising Iromtfi
5 Binding Effect. This Agreement shall be binding upon tho parties horeto and their successors If theterms of this contract do not croata a measurable County obligationat this t.me)
and assigns for so long as this Agreement remains in full force and effect.
0 Entire Agreement This Agreoment constitutes tho entire Agreement botwoen tho parties and
X -7 -/2 ___________
Signature - / Dal8 Appropriation Account
supersedes any prior negotiations, written or vorbal, and any other bid or bid specification or

Presiding Commissioner/ ^ ^ / / ; Eastern Commissioner A Western Commissioner- ^ [ 293
Commissioner Williams moved to approve the agreement by and between Taney County and
Temperature Control Company for HVAC Services. Commissioner Wyatt seconded the motion.
The motion passed by vote: Scofield (aye), Williams (aye), and Wyatt (aye).

BRADLEYVILLE HELI-PAD UPDATE
Devin Huff, Road & Bridge Administrator, came before the Commission to speak on the
Bradleyville Heli-Pad at the Bradleyville School. There was discussion of getting an awareness
day for the community to see the Heli-Pad in action.

August 18th, 2018 was chosen as a possible date for awareness day.

RECESS
9:36 a.m.

RECONVENE
10:13 a.m.

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

• Snow Rodeo is set for November 1st, 2018.
• Big Cedar, Delmar/McMeen roads were vacated in 2001. Big Cedar attorneys are looking
into it. A quick claim deed would be the easiest way to get the roads back to the County.
• Fall clean-up is scheduled for October 6th, 2018. Changed some wording in the flyer to
make it less confusing and added “at discretion of management”.
• F Highway Bam - discussed some options for this bam/location.

EXECUTIVE SESSION
10:30 a.m.

EXECUTIVE SESSION PER SECTION 610.021.1 (LEGAL)
Taney County Commission Conference Room

See Executive Session Minutes for motions made or votes taken.

END OF EXECUTIVE SESSION
10:56 a.m.

DAILY STAFF REVIEW AND AGENDA REQUEST
Present: Presiding Commissioner Scofield, Commissioner Wyatt, Commissioner Williams and
Nikki Lawrence

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
11:27 a.m.

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

294
Presiding Commissioner /y ? v /; Eastern Commissione^ ^ - H *Western Commissioner )