Commission Minutes Unofficial

AUGUST 14, 2006 THE 10TH DAY OF
THE AUGUST ADJOURN TERM

The County Commission met in the Associate Circuit II 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 Chuck Pennel followed by the pledge.

NUISANCE ORDINANCE

Presiding Commissioner Pennel explained that a public hearing would need to be
held before the end of the year to reinstitute the county’s Nuisance Ordinance. Pennel
added that the hearing would give the public an opportunity to voice their opinions as to
what parts of the ordinance work and don’t work. No motions were made and no votes
were taken.

TOM PHELAN ISSUE

Presiding Commissioner Pennel explained that Tom Phelan is dissatisfied with the
purchase of used building materials at the old clerk’s building. Pennel suggested that the
Commission review what took place to see if further action needs to be taken regarding
this issue.

Eugene Rogers, Auctioneer stated that their were 25 to 30 people present at the
auction and explained that a walk through was done selling various lot items in the
interior of the building and then all of the metal on the outside was sold as one package
deal. Rogers added that he thought the buyers were given that weekend and the next full
week to collect their purchases and they were told that anything left would not be theirs
because the county had plans to move their equipment in on Monday to start taking the
building down.

John Lavender, Maintenance added that he was also helping with the auction per
Commissioner Herschend’s request and that he made an announcement three different
times that bulldozers would be coming on Monday to take the building down, so anything
not out by Sunday night would be history. Lavender emphasized that Mr. Phelan was
present when the announcements were made.

Bob Paulson, County Counselor asked how much stuff Phelan bought? Lavender
stated that Phelan purchased all of the wood and metal from the outside of the building
and added that he got most of it, but ran out of time before he could get some of the
rafters that were on the top. Lavender further explained that Phelan approached him five
days before the deadline asking for more time and Lavender told him that he would talk
to the Commission. Lavender then stated that he was never able to ask any of the
Commissioners so he went back to Phelan and told him that dozers were already
scheduled for Monday so he needed to have his stuff out before then.

Bob Paulson suggested putting deadlines in writing at future auctions.

Note: Commissioner Herschend entered that meeting at 9:15 a.m.

Commissioner Herschend stated that after Commissioner Pennel had contacted
everyone about what they heard and confirmed that Sunday was the last day to collect
supplies, he personally went down and told them that everything needed to be out no later
than 8:00 Monday morning and that if he wanted to work through the night he could. No
motions were made and no votes were taken.

AIRPORT BOARD TERMS
TRESSA LUTTRELL

Tressa Luttrell, Administrator presented the Commission a copy of the Airport
Board terms. Luttrell added that a copy has also been given to the Airport Board, so if
they have any problems with the terms they could let the Commission know. Luttrell
further explained that the Airport Board did not say anything about the terms other than
they were glad it was being done.

Presiding Commissioner Pennel asked if the board appoints the representatives
from the cities? Luttrell clarified that each city gets to designate a representative to be on
the board and every two years they can either keep the current representative or appoint a
new one. Pennel added that they are a good group and are putting their heart into their
responsibilities on the board.

Commissioner Herschend made a motion to approve the terms as presented.
Commissioner Strahan seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (yes).

PRESENTATION OF DELTA DENTAL QUOTE
RICK FINDLEY

Rick Findley, Auditor presented the Commission with a quote for Delta Dental
and explained that the term ends the first of September and could be renewed on an
annual basis just like before. Findley further explained that he asked if the county could
get on the January 1 renewal date, so they could match up with the health insurance.
Findley stated that the annual cost for administration is $4.58 per employee but if the
county goes to the December 31 renewal it will be $4.63. Findley added that the costs are
going up and explained the county is currently paying $17.36 per employee and the new
rate will be $22.94 per employee. Findley added that the employee would need to pay
extra for spouse, children, and family coverage. A general discussion ensued.
 Commissioner Herschend made a motion to approve Delta Dental at the renewed
premium rate plus shifting the term to December 31st, which will raise the administrative
cost to $4.63 per employee. Commissioner Strahan seconded the motion. The motion
passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

TITLE III

Tressa Luttrell presented the Commission with the advertisement that Donna
Neeley; County Clerk has put in the paper in regards to the only two projects that applied
for Title III Monies. Luttrell added that Cedar Creek Fire Protection District wanted to
change their project description to repair their fire truck and Neeley told them they would
have to withdraw their current application and submit a new one.

Presiding Commissioner Pennel clarified that he got a call from Cedar Creek and
they confirmed wanting to withdraw their original project due to a fire truck problem.
Luttrell added they have all of their necessary receipts.

Commissioner Pennel read the following project descriptions:
Project #1: Protem Fire Protection District request $4,159.65 to purchase personal
protection equipment used in combating wild land and forest fires in their district. The
Protem Fire Protection District has 25,000 plus acres of National Forest land within its
borders. This last spring l000 acres total of wild lands were impacted by fire in the
district.
Project #2: Cedar Creek Fire Protection district requests $21,735.00 to build a fire
station to house a fire truck and tanker truck. Cedar Creek Fire Department has an
agreement with Mark Twain National Forest to provide fire service for the Mark Twain
National Forest.

Helen Soutee, Treasurer clarified that at this time $21,373 is in the Title III Fund.

Commissioner Strahan expressed that he sees no reason why Protem shouldn’t be
approved unless it would have an effect on the other districts that haven’t applied. Rick
Findley asked when the deadline for applying is? A general discussion ensued.

Commissioner Strahan made a motion to table this issue for further clarification
before approval. Commissioner Pennel seconded the motion. The motion passed by vote:
Pennel (yes), Herschend (yes), Strahan (yes).

CENTURY TEL MAINTENANCE AGREEMENT

Dawn Bilyeu, Auditor’s Office presented the Commission with a maintenance
agreement from Century Tel. Bilyeu clarified that Bob Paulson, County Counselor has
looked over the agreement and made some changes which she submitted to Century Tel
who has not called her back in response to the changes. Bilyeu further explained that
Century Tel wants the county to pay $8,089.62 in order to be put on their maintenance
priority list. Bilyeu expressed that it is a lot of money however the problem is, if the
county is not on priority and the Sheriff’s Department goes down there could be a major
delay before the phones are fixed.

Bob Paulson, County Counselor suggested looking at what the agreement actually
covers as far as lighting storms and things of that nature. Paulson explained, part of their
contract states if the county doesn’t pay, then Century Tel can terminate the contract.
Paulson clarified that he added to the contract that since the county would be paying the
$8,089.62 up front, if Century Tel terminates the contract for some other reason, then
they have to pay the county 1/365 of the contract price for every day that was not used on
the contract.

Commissioner Pennel asked about the decision not to pay last year? Bilyeu stated
that was for the older system and now the county has a new one. A general discussion
ensued.

Tammy Haglar, 911 Administrator expressed a concern about Taney County not
being on the priority list. Haglar added they have several techs that come out and all the
offices are familiar with them, so part of the priority system would include those techs
being pulled off of other projects to be sent to Taney County if problems occur. Haglar
went on to state that she feels Taney County needs to be priority and that if the Sheriff’s
Department goes down there is a possibly 911 could be affected as well. A general
discussion ensued.

Commissioner Strahan expressed that the agreement ran out some time ago and
Century Tel has continued to furnished the phones and perform their duties without a
contract. Bilyeu added the techs that come to Taney County have been great to work
with.

Commissioner Herschend made a motion to table this issue until later.
Commissioner Pennel seconded the motion.

Commissioner Herschend then asked if the county has talked to any other phone
service providers to see if they offer maintenance on these Nortel phones? Findley
clarified that he feel the county could get maintenance on the Nortel phones but is unsure
about the cards. Findley expressed Gary Morgan would know the answer to that question.

Commissioner Pennel asked Tressa Luttrell to look at the other bidders from a
year and a half ago to see if there might be some other companies that could provide
maintenance.

The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

SOLID WASTE RESOLUTION
 Tressa Luttrell, Administrator explained that the old Solid Waste Resolution is
printed on letterhead with Don Swan’s name on it and it needs to be printed on new
letterhead.

Presiding Commissioner Pennel read the following resolutions:

RESOLUTION FOR THE APPOINTMENT OF A REPRESENTATIVE TO
THE SOUTHWEST MISSOURI SOLID WASTE MANAGEMENT DISTRICT
EXECUTIVE BOARD

BE IT RESOLVED BY THE COMMISSION OF THE COUNTY OF TANEY,
MISSOURI, to appoint Chuck Pennel to represent Taney County on the Southwest
Missouri Solid Waste Management District EXECUTIVE BOARD and to appoint Larry
Rowland as the alternate to represent Taney County when the principal cannot.

RESOLUTION FOR THE APPOINTMENT OF A REPRESENTATIVE TO
THE SOUTHWEST MISSOURI SOLID WASTE MANAGEMENT DISTRICT
COUNCIL

BE IT RESOLVED BY THE COMMISSION OF THE COUNTY OF TANEY,
MISSOURI, to appoint Chuck Pennel to represent Taney County on the Southwest
Missouri Solid Waste Management District EXECUTIVE BOARD and to appoint Larry
Rowland as the alternate to represent Taney County when the principal cannot.

Commissioner Herschend made a motion to approve both resolutions.
Commissioner Strahan seconded the motion. The motion passed by vote: Pennel
(abstain), Herschend (yes), Strahan (yes).

AGENDA AMENDMENT

Commissioner Herschend made a motion to amend the agenda in order to add
Accounts Payable. Commissioner Strahan seconded the motion. The motion passed by
vote: Pennel (yes), Herschend (yes), Strahan (yes).

ACCOUNTS ALLOWED

Presiding Commissioner Pennel made a motion to approve accounts payable
warrants #96135-96217 and voided checks #96126-96134. Commissioner Herschend
seconded the motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan
(yes).

ART BECK

Art Beck expressed a concern about a bad job done on Y Hwy that is both a
county road and state road. Beck asked if the Commission has any influence at the state
level on situations like this? Strahan expressed that he just drove the road a few weeks
ago and didn’t notice any work done on it. Beck stated that they are doing an over lay on
it and it looks terrible. No motions were made and no votes were taken.

REPORT
WILEY BARNES
 Wiley Barnes, Chamber of Commerce gave a report to the Commission in regards
to a meeting she attended at Commissioner Herschend’s request. Barnes reported the
meeting was with Lt. Governor Peter Kinder who released Missouri’s first report on the
state’s senior citizen population. Barnes further explained that Taney County has the
most senior citizens who still have driver’s licenses. Barnes added that the report can be
found on the State Website and they will update it every year.

Commissioner Herschend asked if there is any action that should come out of this
report? Barnes clarified she doesn’t think so at this point. No motions were made and no
votes were taken.

AUCTION INFORMATION
HELEN SOUTEE

Helen Soutee, Treasurer gave the Commission information in regards to the price
of items sold at the old clerk’s building which were previously discussed in the meeting.
Soutee clarified that Tom Phelan paid $380 for the walls and $850 for the metal on the
outside of the building.

Rick Findley, Auditor expressed there was another bidder that day who said he
would have bid more if he had more time to collect his supplies. Findley suggested that
the Commission not reimburse Phelan, as it would be unfair to the other bidder. No
motions were made and no votes were taken.

MAPLE STREET

Presiding Commissioner Pennel stated that he received a letter from a resident on
Maple Street who is concerned about all the extra traffic coming through their street as a
result of the new Hollister interchange. Pennel added that someone else called with the
same concerns. A general discussion ensued. No motions were made and no votes were
taken.

RECESS
10:05
RECONVENE
10:20

ACCOUNTS ALLOWED MOTION AMENDMENT

Presiding Commissioner Pennel amended his motion to approve payroll in order
to exclude a reimbursement for Commissioner Ron Herschend. Commissioner Strahan
amended his second. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan
(yes).
 Commissioner Pennel made a motion to pay the reimbursement for Commissioner
Ron Herschend for mileage. The motion passed by vote: Pennel (yes), Herschend
(abstain), Strahan (yes).

EXECUTIVE SESSION

Commissioner Herschend made a motion to go into Executive Session pursuant to
RSMo 610.021 (1) (2) (3). Commissioner Pennel seconded the motion. The motion
passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).