Commission Minutes

OFFICIAL
COMMISSION MINUTES
AUGUST 20th, 2018 8th DAY OF
THE JULY 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.

RECESS
8:42 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
Next Week, the County Commission Meeting will be on Tuesday instead of Monday due to the
Tax Sale on Monday.

APPROVE ACCOUNTS PAYABLE
Commissioner Williams moved to approve Checks #451046 thru #451118, Warrants #7044, and
no Journal Entries/Transfers. Commissioner Wyatt seconded the motion. The motion passed by
vote: Scofield (aye), Williams (aye), and Wyatt (aye).

9:03 a.m. Commissioner Wyatt left the meeting

Commissioner Williams moved to approve Check #450981. Presiding Commissioner Scofield
seconded the motion. The motion passed by vote: Scofield (aye), Williams (aye), Wyatt (absent)

9:03 a.m. Commissioner Wyatt entered the meeting

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).

APPROVAL OF PREVIOUS MEETING MINUTES
Commissioner Wyatt moved to approve Previous Regular Session Minutes dated August 13th,
2018. Presiding Commissioner Scofield seconded the motion. The motion passed by vote:
Scofield (aye), Williams (abstain), and Wyatt (aye).

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Presiding Commissioner / t f f x A Eastern Commissioner ^ j ^ ; Western Commissioner -f)U
ATTRACTIONS MANAGEMENT GROUP LLC, AGREEMENT #15-095PZ
AGREEMENT official immunily. Such policy or policies shall provide coverage o f at least one million dollars
THIS AGREEMENT (hereinafter “Agreement") is made on th is___day o f ($1,000,000) per person and two million dollars (12,000,000) in tlic oggregatc, and shall be
________________. 2018, by and between Attractions Management Oroup, LLC ("AMG”), and written by a company authorized to do business in the State o f Missouri and reasonably approved
Taney County, Missouri ("County’’). by the County. The certificate or other proof o f insurance provided to County shall state
unconditionally that County will be provided at least thirty (30) days written notice o f any
WHEREAS, AMG desires to hold the llmnson Gift o f Lights event on Expressway Lane, cancellation, termination, or expiration o f such insurance coverage. Failure to provide a
in Taney County. Missouri, beginning no earlier then Oct 31“, 2018 through December 3 1st, certificate of insurance evidencing such coverage at least thirty (30) days prior to the Event shall
2018 during the periods o f time specified herein (“ Event")'. and constitute a material breach o f the Agreement and may result in immediate termination o f this
WHEREAS, the County and AMO desire to set forth the terms and conditions o f the Agreement by the County.
respective parties in writing; and
6. Linbililv; Indemnity. In no event shall the County be liable to AMO or third
NOW, THEREFORE, in consideration o f the mutual promises and covenants set forth parties for special, indirect or consequential damages arising out o f or in any way connccted with
herein, the parties agree as follows:
the subject matter o f this Agreement. AMG shall defend, indemnify, and hold harmless the
1• EXffll. County agrees to limit acccss to and restrict Expressway Lane to one-way County, including its officers and employees, from any and all claims, liabilities, injuries, suits
traffic for the period from as early as Octobcr 3 1, 2018, tlirough December 31. 2018, during the demands, or expenses, of any and all kinds that may result or arise out o f the subject matter of
hours from approximately 4:00 p.m. up to 12:00 a.m . each day. In order to permit AMG to this Agreement, whether based on a claim for damages to real or personal property or to a
conduct the Branson Gift o f Lights event ("Event"). To improve the flow o f traffic, one way person, including personal injury or death, for any matter relating to or arising out o f this
traffic shall operate from the circle drive where the ticket booth is located to the end of Agreement, including the use o f Expressway Lane arising out of the Event described in
Expressway Lane, where it intersects with Roark Valley Rd. Temporary Signage may be paragraph I, above. AMO, nnd its officials, employees, insurers, and agents shall not atlcmpt to
installed indicating the presence o f one-way traffic during the specified hours at Expressway subrogate any claim arising out o f the subject o f this Agreement against County, or its insurers.
Lane and Roark Valley Rd, and where Expressway Lane intersects with Royal Oak Rd.
7. Survival. The requirements o f paragraphs 4 and 5 shall survive termination or
2- Notification o f Residents and Property Owners. AMG agrees to provide thirty expiration o f this Agreement.
(30) days advance written notice to all residents, tenants, and property owners o f property
located adjacent to, o r that access property from Expressway Lane, o f the date and lime periods
that tlie use and acccss o f Expressway Lane will be restricted and limited, as set forth in 8. No Waiver. Nothing in this Agreement shall constitute a waiver by the County o f
paragraph 1. During all tim e periods relevant to this Agreement, AMG shall not prohibit or any sovereign, governmental, or official immunily, including but noi limited to the provisions set
restrict access to the individuals set forth in this paragraph. forth in section 537.610, RSMo.

3. TciIU. The effcctivc date o f this Agreement shall be the date it is signed by the 9- No Assignment. This Agreement may not be assigned by cilher party without the
parties, and shall be effective through December 3 1. 2 0 18. subject to the terms and conditions set written consent o f the other party.
forth herein. The term o f this Agreement may be renewed for an additional one (1) year period,
by written agreement o f the parties. The County may immediately terminate this Agreement for 10. No Joint Vcnmrc. This Agreement shall not creme, or he inlrrprrlnl In m ii if n
a material breach o f this Agreement by AMO. joint venture or partnership between AMG and the County. AMG, its employees, representatives
and agents shall have no authority to acl for or on behalf o f the County or to bind the County to
4. D ispults. In the event o f any controversy or claim arising out o f or relating to this any contract or agreement.
agreement, or a breach thereof, the parties hereto shall first attempt to settle the dispute by
working together to understand the issue and search for acceptable solutions for all parties 11. Compliance with Ij w s . During the term o f this Agreement, AMO shall comply
Involved. with all applicable state ond federal laws and regulations.
5. Insurance. AMG agrees to obtain and maintain a general liability (including >2. Governing Lnw- Venue. This Agreement shall be interpreted, construed, nnd
premises liability) or a combination o f general liability and excess liability insurance coverage enforced in accordance with the laws o f tl>e slate o f Missouri.
for the Event (and specifically including Expressway Lane) which names Taney County,
Missouri, the County Commission, and their officers and employees as additional insureds
(collectively “County"), subject to nnd without waiving County's sovereign, governmental and 13. ^ Emil£_AEKCmoi!. This Agreement may not be modified, amended, or altered
unless in writing, and signed by the parties.

14. Authority. The parties represent and warranty that the individuals cxccuting this
Agreement on behalf o f the respective parties have received the appropriate approvals and NalJ-OMn
authorization necessary to enter into this Agreement and that Ihe same lias been approved b y the
appropriate governing body or decision-maker o f the rcspcctivc party.
Certificate of Accounting Officer Pursuant lo 50.660, RSMo.
15. Traffic Barricades. The County will provide traffic barricades for the event, if
available. The undersigned, as Budget nnd Accounting Office for Taney County, Missouri, certified
tliat there is n balance otherwise unencumbered in the county treasury to the credit o f the
appropriation to which the financial obligation imposed upon the county by this Agreement is to
IN WITNESS WHEREOF, the parties have executed this Agreement on the date last set be chargcd, and there is a cash balance otherwise unencumbered in the county treasury to the
forth below. credit o f tlie fund from which payment is to be made, each sufficient to meet ihc obligations
scheduled to be incurred under this Agreement.

ATTRACTIONS MANAGEMENT GROUP, LLC Rick Findley, County Auditor

ATTEST

I. Donna Neeley, as the Clerk o f the Taney County Commission, hereby attest that the
above Agreement was executed by the County Commissioner who signed it. and that it was
signed pursuant to a duly passed motion o f the Taney County Commission approving the
Agreement.

g/ag/zs-

Commissioner Wyatt moved to approve the Attraction Management Group LLC, agreement
expiring December 31st, 2018. Commissioner Williams seconded the motion. The motion passed
by vote: Scofield (aye), Williams (aye), and Wyatt (aye).

PLANNING AND ZONING BOARD DISCUSSION AND APPOINTMENT
Scott Starrett came before the Commission to speak on the appointment of the Planning &
Zoning Board.

Commissioner Williams move to accept and approve the resignation letter from Brad Lawrence
from the Planning & Zoning Board. Commissioner Wyatt seconded the motion. The motion
passed by vote: Scofield (aye), Williams (aye), and Wyatt (aye).

Commissioner Wyatt move to appoint Randy Haes to serve on the Beaver Township beginning
August 20th, 2018, to expire December 31st, 2018. Commissioner Williams seconded the motion
with discussion. The motion passed by vote: Scofield (aye), Williams (aye), and Wyatt (aye).

ANIMAL CONTROL JURISDICTIONAL AGREEMENT - CITY OF HOLLISTER
All Animals over the ngc o f four (4) months llml arc transferred out o f the
Facility shall be vacclnalcd for rubles, or In ihe event Ihc Animal is redeemed
by tlie owner. Ihc owner shall provide proof o f ihc Animal’s rabit-s vaccination.
TIIIS AGREEMENT, made and entered imo on this 1»K day of Iflh c Animal is redeemed by the owner, and the owner is unable lo provide
("Effective Dale"), by and between Taney County. Missouri (“Counly”). a county o f ilic first proof of the Animal's rabies vaccination. Ilie County shall charge the owner for
classification, and the City o f Ho 11i*»tg_r (“City”), a city o f the_______classification. Ihe rabies vaccination (a "I'ce"). pursuant lo Ihc schedule o f fees attached hereto
and incorporated herein by reference as Schedule A. If Ihc Animal Is not
claim cd and redeemed by the owner, die City sliall be responsible for payrncnl
o f Ihc Fee lo Ihc County.
c. Redemption. The Counly shall charge the Redemption Fee set forth In Schedule
A for an owner o f nn Animal lo claim and redeem Ihe Animal from ihe custody
o f Ihc Facility.
_______US, Upon the request o f the Clly. the County shall transfer an
I forth the respective duties and !o rescue for ihc cost o f the Rabies Vaccination set forth In Sclicdule A
plus Ilic actual cost o r fuel and lime to transport the Animal lo a rescue facility,
lo be paid by the City.
WHEREAS, section 70.220, RSMo, permits political subdivisions
cooperate wilh one nnolher for the planning, development. construction, acquii e. Adoption. In the cvcnl the owner o f an Animal is not located and the Animal
o f any public Improvement or facility or common service; and is not claimed by the owner ond redeemed, the Counly may adopt nn Animal in
the custody o f tlie Facility In accordance svilh the County's policy on adoptions.
Ih e Adoption Fee set forth in Schedule A cos crs tlie cost o f veterinary services,
including rabies vaccination and mlcrochipping. which shall be pold by ihe
person adopting the Animal, lo Ihc County.

fitiuCavCTcvLSstykst,

Animals lo Ihc Facility with ils personnel and nl its own expense. The City
shall bo responsible for Ihe custody, care and control of Animals picked up or
______________ In consideration o f Ihc Intake Fee set forth in Schedule A. delivered to Ihc City outside oflhc Facility's regular buxines* hours at Ihe City's
the Counly shall provide appropriate food. Haler, boarding, cleaning supplies own facility. 1 lie City shall not be permitted to deliver Animals to the Facility
and labor necessary in order to care for each Animal occcptcd by the Facility outside tlie Facility’s regular business hours.
for Ihc period of lime set forth In Schedule A. The additional holding fee shall
opply for any Animal housed longer than the holding period, as provided In
Schedule A. ot the opllon o f Ihc City. In Ihe event Ihe owner o f an Animal is any sick or injured Animals, subject to the sole ond absolute discretion of the
not localcd and Ihe Animal is not claimed and redeemed. Ihc Counly agrees lo County. Sick and injured Animals should be transported lo the Cily’s
attempt lo place each Animal for adoption or lo provide a humane culhanasia.
designated veterinarian. I h e City sludl be responsible for contracting with a
b. Specified Vaccination o f Animals. Upon transportation and acceptance o f on veterinarian In order to provide ncecvsary and appropriate veterinary care for
Animal by Ihe Foclllty. Ihc County shall vaccinate: (I) a canine Animal for any Animal In its custody, and the City vhall be responsible for any nnd all costs
parvo and upper respiratory/kennel cough; or (2) a feline Animal for leukemia associated with veterinarian care provided lo Animals in the Cily’s custody or
and upper respiratory/kennel cough, pursuant to Ihe Facility's Missouri control. If alter the lnlake o f Ihc animal, ihc Facility has reason to beliese an
Department of Agriculture License. Animal Is sick. In ihc discretion ofllie Facility, and i* in need o f veterinary care.
298
Presiding Commissioner//J^ ; Eastern Commissioner ^ W Western Commissioner ~/Y J
 C'iiy shall be responsible for cosU incurred in order to Maliill/c the wellness of
«lw Animal. 10. A m endm ents. This A greem ent m ay not be am ended, altered, o r m odified except
c. Slrnv Hold. Ih c r utility will hold stray animals ui Ihc request o f the City, anj by an instrum ent in w riting duly m u l e d b y the panics hereto.
the City shall be responsible for the fee* incurres).

•I. Fees. In ui.nldcr.it k*n f>t ilie Services dcv-(ibo) in paragraph 2 .1he C'ily shall pay 11. Severability. If any provision o f this A greem ent o r any application th e reo f is
to County the fees (each a "Fee") set forth in SclieJulc A, u hlch Ijoltochcd hereto and incorporiilcd
herein by reference.
determ ined by a court o f com petent jurisdiction lo b e invalid, illegal, o r unenforceable in any
respect, th e validity, legality, and enforceability o f the rem aining provisions o r any application
5. ltlvi’i<;g’L3Ml)ilLiniCli!JiiarilL tlwCiiyihallcornpleicanimpoundformrequiring
such information as is requlrrd by die County for esieh Anitmil procntcd to Ihc Facility for
thereof shall not be affected o r im paired.
acceptance. 11k: County shill maintain a ledger of the date. lime, species, and description oreach
Animal delis erod lo and seccpicd by ihc Focilily. Tlic County shall submit sin Invoice lo (lie City
on a monthly licisis containing a description o f ihc sen Ices provided by the County to die City 12. Section H ead in g . Section headings arc for convcnicncc o nly and shall have no
under Otis Agreement. Hie City shall pny each invoice within 30 days of ihc date of die invoice. legal cflcct o r significance.
6. Tcnninntion. litis Agreement may be terminated by the County or City upon for
any o f the following reasons or under tiny o f the following ciicumstanccs: 13. Entire A greem ent. This A greem ent constitutes the entire agreem ent between th e
a. Upon thirty (30)days udvancc written notice by either party; parties and supersedes any prio r negotiations, w ritten o r verbal, an d any oth er bid o r bid
specification? or contractual agreem en t
h. Due lo a material breach ofony term or condition o f this agreement; or

c. 11'appropriations arc not made available unJ budgeted for any calendar year. U . G overning I a w . V enue. This A grccm cnl shall be governed by the laws o f th e slate
7. Assignment, litis Agreemenl may not be assigned b) cither party without written o fM issouri. V enue for an y dispute arising out o f the form ation, interpretation, w d ii m s regarding
consent by the other parly. a breach o f this A greem ent shall be solely and exclusively in th e C ircuit C ourt o f T aney C ounty,
8. S’miccs. All notices, demands uihI requests lo be given hereunder by either party M issouri,
shall be in writing and must be sent by certified mail and slialI be dcancd properly given I f tendered
at die address set forth below or at such other address as either party shall designate by written
nuticc lo the other; IS. A uthority. The parties represent and w arrant that all actions rcc cjsary in o rder lo
create a legal, valid, and binding agreem ent betw een the parties have been taken prior to execution
If to Counly: Tuncy County
132 David Street / RO . Box 1086 o f th is A g reem ent
l o r n til, Missouri 65633

If to City; _ C i i vJ _ o S Hc»\\ C* [R em ainder o f Page Intentionally M in k -S ig n a tu re Page Follow s]
P. O. B o X ___ „ „
_ H o II t i l c j - , _ M 0 ..f c 5 f r 7 3
9. Itindini! l.lTctl. This Agiccmcnl shall be binding upon llic panicshereto nnd tlicir

AUDI I OK CfcKIIHCA IION
IN WITNESS WHEREOF, llic panics hereto ha\c causal this Agreement lo be cxccuied
by iheir representative ol’liccrs or officials.
In accordance with 50.660. RSMo., I hereby ccrtify (bat a sufficient unencumbered appropriation
T i ir .c r r v balancc cuius and ii available lo satisfy ihc obligationj) arising from this contract (Note:
Certification of this contract is not rcquircJ if the tcmis of this contract do nut cicatc a measurable
count) obliwliutt at litis lime),
„ D
#•....m Rick findIcy, Auditor /

U SULf f
/V
Date:
c mr y' c l e r k n """

TANEY COUNTY, MISSOURI

M IKE SCOFIELD
PRESIDING COMMISSfoNER

ytlhzaa. YluJi
DONNA N E E L E ''
TANEY COUNT' T Y C U R K fl

Commissioner Williams moved to approve the Agreement by and between Taney County and
the City of Hollister for Animal Control. Commissioner Wyatt seconded the motion. The motion
passed by vote: Scofield (aye), Williams (aye), and Wyatt (aye).

COURT ORDERS
Presented by Wesley Shoemaker, Taney County Chief Deputy Clerk.

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Commissioner Wyatt moved to approve Abatement Exhibit A for August 20th, 2018.
Commissioner Williams seconded the motion. The motion passed by vote: Scofield (aye),
Williams (aye), Wyatt (aye)

RECESS
9:18 a.m.

RECONVENE
9:32 a.m.

EXECUTIVE SESSION
9:32 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.

/ I2"
Presiding C o m m is sio n e r/^ ^ ; Eastern C o m m i s s i o n e r W e s t e r n Commissioner
END OF EXECUTIVE SESSION
9:40 a.m.

RECESS
9:40 a.m.

RECONVENE
10:20 a.m.

PLANNING AND ZONING CODE BOOK WORK SESSION
Taney County Commission Conference Room
Present: Presiding Commissioner Scofield, Commissioner Wyatt, Commissioner Williams,
County Clerk Donna Neeley, and Planning & Zoning Administrator Scott Starrett

Discussion ensued about the Planning & Zoning Code Book.

10:35 a.m. Commissioner Wyatt stepped out

10:36 a.m. Commissioner Williams stepped out

10:37 a.m. Commissioner Williams came back in

10:40 a.m. Commissioner Wyatt came back in

11:25 a.m. Donna Neeley stepped out

11:30 a.m. Donna Neeley came back in

11:58 a.m. Scott Starrett left

RECESS
11:59 a.m.

RECONVENE
2:00 p.m.

PRE-BUDGET DISCUSSION
Taney County Commission Conference Room
Present: Presiding Commissioner Scofield, Commissioner Wyatt, Commissioner Williams,
Donna Neeley, Dub Dustin, Amy Strahan, Rick Findley, Chuck Pennel, Devin Huff, Denzil
Brown, Carol Davis, Jeff Merrell, Tony Mullen, Melanie Smith, Robert Dixon, Jody Stahl,
David Clark, Mona Cope, and Darlene Rea

Discussion ensued about the Taney County Budget.

RECESS
2:43 p.m.

RECONVENE
2:57 p.m.

DAILY STAFF REVIEW AND AGENDA REQUEST
Present: Presiding Commissioner Scofield, Commissioner Wyatt, Commissioner Williams,
Donna Neeley, 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).

300
Presiding Commissioneiy / ^ v j ; Eastern C o m m is sio n e r^ ^ ; Western Commissioner
ADJOURN
3:08 p.m.

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

Presiding CommissionerZ //ld \ ; Eastern Commissioner i Western Commissioner />; J
 This page intentionally left blank.

302
Presiding Commissioner/ / ? / - ^ ; Eastern Commissioner Uo; Western Commissioner ~ £ x J