Commission Minutes Unofficial

FEBRUARY 26, 2007 THE 20TH DAY OF
THE JANUARY ADJOURN TERM

The County Commission met in the Associate II Circuit Courtroom at 9:10 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.

Gary Groman led in prayer, followed by the Pledge of Allegiance.

AGENDA AMENDMENT

Presiding Commissioner Pennel made a motion to amend the agenda, in order to
address the GIS bid and the newspaper bid. Commissioner Strahan seconded the motion.
Commissioner Herschend commented that he would appreciate the Commission
amending the agenda, as he would be in Jefferson City this week. The motion carried by
a vote of three: Pennel (yea), Herschend (yea), Strahan (yea).

ROCK WALL AWARD
TRESSA LUTTRELL

Tressa Luttrell, Commission Administrator, shared that there were two bids
received for the retaining wall and explained that the bid request was for approximately
800 blocks. Ms. Luttrell added that Jacob Rock, Road and Bridge Supervisor,
recommended the Duracast product, at seventy­five dollars each, as this was the lower
bid and that the type of block is London Boulder.

Presiding Commissioner Pennel asked if they were the same as the ones currently
being used in that area? Mr. Rock responded that they were similar, but not the same and
added that the same ones would be eleven dollars more per block.

Commissioner Herschend made a motion to table this issue until this afternoon, so
the Commission could examine the difference between the rocks. Commissioners
Strahan and Herschend agreed that it was important to have this look correct. Presiding
Commissioner Pennel seconded the motion. The motion carried by a vote of three:
Pennel (yea), Herschend (yea), Strahan (yea).

OIL DISTRIBUTOR BID AWARD
TRESSA LUTTRELL

Tressa Luttrell, Commission Administrator stated that she did the bid for an oil
distributor as a two­part package and Jacob Rock’s recommendation is for a 2008
Sterling, with a number two alternate dip package, from VanKeppel for $117,780 with
the $16,000 trade­in of County equipment. Commissioner Herschend asked if
VanKeppel would be doing all of the work. Jacob Rock, Road and Bridge Supervisor
confirmed that VanKeppel would, and that it would be done by July.

Commissioner Herschend made a motion to approve the bid from VanKeppel for
an oil distributor. Commissioner Strahan seconded the motion.

Jacob Rock explained that Road and Bridge looked at the pros and cons of
existing equipment and expressed that he felt this equipment is the best fit. Presiding
Commissioner Pennel asked if there were other brands available and if any others had
been considered? Mr. Rock said that there were other brands available and that he spoke
with companies in the area who did not recommend the other brands.

The motion carried by a vote of three: Pennel (yea), Herschend (yea), Strahan
(yea).

GPS SURVEY EQUIPMENT
TRESSA LUTTRELL

Tressa Luttrell, Commission Administrator announced that four bids had been
received for Road & Bridge equipment and that the bids range from $31,500 to $50,211.
Randy Haes, Road and Bridge, recommended the bid from Ozark Laser and Shoring for a
Top­Con Hyper Light, which includes all software and training for $43,192. Ms. Luttrell
explained that Mr. Haes did not select the lowest bid, because that bid is for a different
type of equipment and added that he checked with Great River Engineering about the
different pieces of equipment. Mr. Rock clarified that the GPS equipment would save
time and manpower, as Mr. Haes will be able to do the work that it now takes three men
to do.

Commissioner Herschend made a motion to accept the bid, per Mr. Haes’
recommendation. Commissioner Strahan seconded for discussion.

Commissioner Strahan asked Mr. Rock to clarify that Mr. Haes would be able to
take this piece of equipment and do road work without the need of assistance from other
workers? Commissioner Herschend said that with this equipment, Mr. Haes could be
accurate within fractions of an inch and added that Great River (Engineering) could do
the initial work and then Mr. Haes could do the work, without Great River having to
come back, potentially saving tens of thousands of dollars.

The motion carried by a vote of three: Pennel (yea), Herschend (yea), Strahan
(yea).

GIS SERVER BID
TRESSA LUTTRELL

Tressa Luttrell, Commission Administrator explained that she took this bid for
Gary Morgan of the IS Department and that Mr. Morgan was recommending Dell
Marketing’s bid, in the amount of $4,732.50. Commissioner Herschend asked if the
County has used other Dell Equipment? Ms. Luttrell said “yes”.

Commissioner Herschend made a motion to approve the bid as submitted.
Commissioner Strahan seconded the bid. The motion carried by a vote of three: Pennel
(yea), Herschend (yea), Strahan (yea).

NEWSPAPER BID
TRESSA LUTTRELL

Tressa Luttrell, Commission Administrator stated that she received two responses
to the annual bid for newspaper services, which includes various types of print, including
but not limited to the election notices, employment ads, bid notices, public hearings, and
the county tax sale. Ms. Luttrell further explained that she received two responses, one
from Taney County Times in the amount of $6.00 per column inch for all types of notices
and advertisements and the other from Branson Daily News in the amount of $8 per
column inch for legal notices, ballots, and financial statement, and $16 per column inch
for employment ads. Ms. Luttrell recommended using Taney County Times as a primary
provider, and Branson Daily News as a back up provider, as the Taney County Times
only publishes once a week, on Wednesday. Ms. Luttrell added that some statutes
require printing on days other than Wednesday.

Commissioner Herschend made a motion to approve the bid, as presented by Ms.
Luttrell. Commissioner Strahan seconded the motion. Commissioner Herschend
requested that someone monitor the bid, as the font can affect the price of the ad when
billed by column inch. The motion carried by a vote of three: Pennel (yea), Herschend
(yea), Strahan (yea).

JOURNAL ENTRIES
TRESSA LUTTRELL

Tressa Luttrell, Commission Administrator informed the Commission that she has
the journal entries discussed last week and that Road and Bridge has labor expenses
needing to be reimbursed, as Road and Bridge was working for other areas. Ms. Luttrell
further explained that Road and Bridge has labor wages of $8,231.05 for the airport,
$18,076.10 for the judicial facility, and $21,501.65 for the Masonic Lodge.
Commissioner Herschend asked if the Airport Board knows that the airport will be
charged back for those salaries? Ms. Luttrell said it is her understanding that Mark
Parent, Airport Manager, is aware of this.

Commissioner Strahan made a motion to approve. Presiding Commissioner
Pennel seconded the motion.

Auditor Findley asked if the road would be a city or county road, and if a county
road, should the county be repaying Road and Bridge? Presiding Commissioner Pennel
told Mr. Findley that the county had that discussion with the city. Commissioner
Herschend echoed that the county is doing this roadwork as a part of the contract for the
Judicial Facility. The Auditor added that the Commission hasn’t made a transfer from
Road and Bridge to General County Revenue for road patrol.

The motion carried by a vote of three: Pennel (yea), Herschend (yea), and
Strahan (yea).

TRASH PICK UP
BRENDA NEAL

Presiding Commissioner Pennel invited Circuit Clerk, Brenda Neal to the mike to
talk about the trash issue. Ms. Neal stated that she spoke with both Judge Orr and Judge
Williams about using probationers to perform community service, to help pick up trash,
and that judges both consented. Ms. Neal added that she still needed to speak with the
probation department and expressed that the state would provide trash bags, pick up the
filled bags, and provide fifty (safety) vests. Ms. Neal added that she believes the county
would not have any liability for the probationers while performing their community
service, due to state statute.

Donna Neeley asked Ms. Neal if the state would pick up trash bags off of county
roads? Ms. Neal replied no, but that Judge Orr said that probationers could pick up trash
off of any road and added that the trash pick up is scheduled for this Friday, March 2nd.

Commissioner Herschend said that the county believes that part of its duty is to
keep the community clean, and to that end the county holds two cleanup weekends a
year, adding that if trash is thrown out along the road the county has to send personnel to
pick up the trash. Commissioner Herschend said that the county is going to test
extending county employee cleanup by giving other employees the opportunity to help
with clean up, instead of their regular duties, for a half­day. Ms. Neal stated that
probationers would not be coming out this week.

Gary Groman suggested that if any of the offices would be closed completely, the
office holder let the media know so that citizens didn’t come out to find those offices
closed. Commissioner Strahan informed Mr. Groman that some offices have several
employees and that closing an office wasn’t the plan. Presiding Commissioner Pennel
requested that any office that was going to close let the Commission know.

Presiding Commissioner Pennel informed the public and the media that the
Commission moved the county clean up to March 30th and 31st, because of the Easter
holiday and two other scheduling conflicts.

TIF AMENDMENT UPDATE
CHUCK PENNEL
 Presiding Commissioner Pennel stated that he spoke with Maynard Wallace last
week, and Representative Wallace is behind the county’s TIF effort, one hundred percent,
to work on this legislation.

Commissioner Herschend pointed out that this amendment would give counties
the same rights that cities have. Presiding Commissioner Pennel added that he hasn’t
been able to reach Senator Goodman, but did speak with Senator Tucker. Commissioner
Herschend advised waiting to contact other counties a few weeks until a bill was ready to
be introduced, to avoid possible confusion, and Commissioner Strahan expressed the
same stance.

Bob Paulson, County Counselor informed the Commission that there were two
bills to which the TIF amendment could be attached; Senate Bill 20 introduced by
Senator Griesheimer was voted to pass out of the economic development/tourism
committee, which restricts TIF committee membership, allows for referendums, and that
the TIF can’t capture new tax funds that are passed after the TIF project, and can’t
capture pilots from real estate that has never been developed. Mr. Paulson added that
Senate Bill 176 is in committee, and most notably disallows the capture of earmarked tax
funds, for example the County’s Sewer and Road and Bridge taxes.

RECORD RETENTION
DONNA NEELEY

Donna Neeley, County Clerk presented the following list of records to the
Commission that need to be in the minutes for destruction.

RECORDS DISPOSITION
County: Taney
Office: County Clerk
Date Sorted & Pulled:
The following records have met their retention schedule and are recommended for disposal under RSMo 109.230
subsection 4. The officeholder with jurisdiction over these records may elect to take the following action: store the
records, destroy the records, or de­accession the records. If the records are destroyed or donated to a local historical
agency the action should be recorded in the minutes with the record series and inclusive dates.

Record Series Inclusive Dates Retention
(Commission Office)
PSC Bids & Proposals 2001 5 years

(Treasurer)
Bank Statements 1997­1999 5 years
Checking & Repurchase Agreement

Mrs. Neeley added that the records ready for destruction are the PSC Bids and
Proposals from the Commission Office and the Bank Statements—Checking &
Repurchase Agreement—from the Treasurer’s Office. Mrs. Neeley further explained that
she does not need a vote on this and explained that the financial statements have been
prepared and the issue is on tomorrow’s agenda. Presiding Commissioner Pennel
thanked the Clerk for the list of minutes.
 ROUTINE BUSINESS
APPROVAL OF MINUTES

Presiding Commissioner Pennel made a motion to table the approval of minutes
from January 8th and 12th 2007. Commissioner Herschend seconded the motion. The
motion carried by a vote of three: Pennel (yea), Herschend (yea), Strahan (yea).

ACCOUNTS ALLOWED

Commissioner Strahan made a motion to approve the accounts payable checks
#99483­99580 and warrant #4630, with the exception of the one for Curtis Bennett as
there is a question as to whether this is for a partial payment or payment in full.
Commissioner Herschend seconded the motion. The motion carried by a vote of three:
Pennel (yea), Herschend (yea), Strahan (yea).

Commissioner Herschend made a motion that the Bennett bill be tabled until 1:00
p.m. Presiding Commissioner Pennel seconded the motion. The motion carried by a vote
of three: Pennel (yea), Herschend (yea), Strahan (yea).

PUBLIC COMMENT

Art Beck voiced his opinion that the county should not spend money on a fourth
bridge across Swan Creek, as proposed by the City of Forsyth. Mr. Beck added that the
only benefit he sees is for the alleviation of school traffic and he believes that the
county’s money would be better spent on an East­West Corridor project. Commissioner
Strahan responded that the county is looking at maps to see what the city is planning.

RECESS

The Commission recessed for five minutes, before going into Executive Session.

RECONVENE
10:15

CURTIS BENNETT BILL
PAYMENT APPROVAL

Commissioner Herschend made a motion to approve payment of the Curtis
Bennett bill. Commissioner Pennel seconded the motion. The motion carried by a vote of
two: Pennel (yea), Herschend (yea), Strahan (nea).

EXECUTIVE SESSION
BOB PAULSON
CONTRACTS & LEGAL UPDATE 610.021(1)(12)
CHUCK PENNEL
REAL ESTATE PURCHASE 610.021(2)
 NUISANCE CASES 610.021(1)

Presiding Commissioner Pennel made a motion to enter into Executive Session.
Commissioner Strahan seconded the motion. The motion carried by a vote of three:
Pennel (yea), Herschend (yea), Strahan (yea).

Commissioner Herschend made a motion to recess Executive Session.
Commissioner Pennel seconded the motion. The motion carried by a vote of three: Pennel
(yea), Herschend (yea), Strahan (yea).