Commission Minutes

TANEY COUNTY COMMISSION RECORD

APRIL 2, 2007 THE 1ST DAY
OF THE APRIL ADJOURNMENT

The Taney County Commission met in the Associate Circuit Courtroom II at 9:05 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 Gary Groman followed by the pledge.

EMORY CREEK BOULEVARD VACATION
HARRY STYRON

Harry Styron appeared before the Commission, requesting the vacation of a portion of
Emory Creek Boulevard, under RSMo. 71.270. Mr. Styron added that there are no houses or
controversy, he can see, in regards to vacating this portion of the road.

Commissioner Herschend made a motion for approval of the vacation of Emory Creek
Boulevard. Commissioner Pennel seconded the motion to vacate.

Commissioner Strahan asked if this road is in existence now and Mr. Styron stated that it
is only on a plat. Commissioner Pennel read aloud the following vacation: Petition to vacate a
portion of Platted street one disposition is made by Emory Creek Ranch LLC applicant under 71.270 RSMo. Seeks
to vacate a portion of Emory Creek Blvd. Phase one lots 1-137 as shown on the Platte recorded in Platte slide I
pages 105-107 in the office of the Taney County Recorder. This first Platte, which lies in an unincorporated area of
Taney County the page of the first Platte showing the western end of Emory Creek Blvd is Exhibit A. Applicant
owns the land on both sides of the portion of the street to be vacated. After applicant filed for Platte the Missouri
Department of Transportation (MoDot) require that the entrance to the Emory Creek Randy subdivision off of State
Hwy 248 be moved slightly to the side. This relocation is reflected on a Platte for Emory Creek Ranch commercially
recorded in Platte slide I pages 310-311 the second Platte showing the area of Emory Creek Blvd be vacated. The
page of the second Platte showing this area is Exhibit B. Emory Creek Ranch commercial is a Platte of lots along
Bee Creek Blvd adjacent to State Hwy 248. The legal description of the area to be vacated and as required by
RSMo 71.270 notice of this petition has been sent via US Mail directly to the following utility service providers that
provide service in the area of the easement. Century Tel, White River, Wire Stream, Public Water Supply District
#3, according to 71.270 RSMo if no person interested oppose vacation shall appear and show cause to the
Commission why the vacation should not be made the Commission may make an order for the vacation as requested
in this petition. Wherefore the applicant request that the Commission use it’s statutory power to vacate as requested
by Harry Styron.

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

FOREST HAVEN VACATION
HARRY STYRON

Harry Styron addressed the Commission regarding the vacation of Forest Haven. Mr.
Styron stated it is an older subdivision and requested that the entire Platte be vacated. Mr.
Styron added this is now a part of Red Rock Bluff, which is a condominium subdivision that is

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under construction. Mr. Styron further explained that he has a letter from Empire District Electric
and they have no concerns or easement restriction having to do with the requested vacation.

Presiding Commissioner Pennel read the following by Title: This petition is made by
Missouri Partners Inc applicant under 71.270 RSMo and seek to vacate the entire Platte of Forest
Haven Estates.

Commissioner Herschend made a motion to approve the vacation of the streets in the
proposed Forest Haven Subdivision. Commissioner Strahan seconded the motion to vacate.

Bob Paulson, County Counselor asked Mr. Styron about the publication of the vacation?
Mr. Styron stated he would provide an Affidavit of Publication to the Commission.

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

PEBBLE DRIVE VACATION
HARRY STYRON

Harry Styron informed the Commission about details of the request for vacation of
Pebble Drive. Mr. Styron explained that the petitioner owns the lots on both sides of the street,
which was designated as a dead-end street. Mr. Styron further reported that the petitioner has
built a storage facility there and would like to have the street closed for security purposes. Mr.
Styron added that the petitioner has not published in a newspaper, but has posted in five different
locations, as provided by statute. Mr. Styron clarified that there is no protest to the vacating of
this road.

Commissioner Strahan made a motion to approve the vacation of Pebble Drive.
Commissioner Herschend seconded the motion to vacate for discussion. Commissioner
Herschend stated that he is struggling to understand a few things and asked for clarity as to
where Mr. Styron’s client owns property. Mr. Styron explained and added that no part of this
will affect access to any other lots. A general discussion ensued in regards to a cul-de-sac or
turnaround at the end of the road due to county requirements.

Commissioner Herschend withdrew his second. Commissioner Strahan withdrew his
motion.

Commissioner Herschend made a motion to table approving the vacation of Pebble Drive
until Mr. Styron has had an opportunity to discuss the issue with his client and see if they are
willing to leave a cul-de-sac at the end of Pebble Drive prior to the vacation. Commissioner
Strahan seconded the motion to table. The motion carried by a vote of three: Pennel (yea),
Herschend (yea), Strahan (yea).

PAINT TRUCK BID
TRESSA LUTTRELL

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Tressa Luttrell, Administrator addressed the Commission in regards to the bid for
refurbishing the paint truck, as this would be a sole-source provider, but over her $50,000
approval limit, so it had to come before the Commission.

Commissioner Herschend made a motion to authorize Bogel Traffic Services to refurbish
the County’s paint truck for the amount of $67,781.07, rather than buy a new paint truck.
Commissioner Pennel seconded the motion for discussion.

Commissioner Strahan asked if they bid a new truck? Ms. Luttrell said “no”. Jacob
Rock, Road and Bridge Supervisor explained he has priced new equipment at over $350,000.

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

BODY ARMOR BID
TRESSA LUTTRELL

Tressa Luttrell, Administrator stated that only one bid was received for body armor for
the Sheriff’s Department and the recommendation from Jimmy Russell, Sheriff was to approve
Southern Uniform for the amount of $406.10 through $549.10 each depending on what type he
gets. Ms. Luttrell stated she doesn’t know how many the Sheriff will be requesting.

Presiding Commissioner Pennel made a motion to approve Southern Uniform in the
range of $406.10 through $549.10 based upon the recommendation of the Sheriff.
Commissioner Strahan seconded the motion. Mr. Paulson verified that Ms. Luttrell had checked
to see if this was an appropriate price. The motion carried by a vote of three: Pennel (yea),
Herschend (yea), Strahan (yea).

JAIL FOOD BID
TRESSA LUTTRELL

Tressa Luttrell, Administrator, stated that she did the annual bid for jail food and Jimmy
Russell, Sheriff is recommending approval for Save-a-Lot and Springfield Grocery.

Commissioner Strahan made a motion to approve the bid from Save-a-Lot and
Springfield Grocery as recommended by the Sheriff’s Department. Commissioner Pennel
seconded the motion.

Ms. Luttrell clarified that Save-a-Lot would provide things that are needed on a daily
basis and Springfield Grocery would come two or three times a week with the big bulk stuff.

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

GUARDRAIL BID
TRESSA LUTTRELL

Tressa Luttrell, Administrator, presented the bids for guardrails on the Forsyth/Taneyville
Road for 2500 linear feet of guardrail with some breakaway sections. Ms. Luttrell stated there

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were four bidders and Jacob Rock, Road and Bridge Supervisor is recommending the bid from
Thompson Culver for the amount of $29,069.

Commissioner Herschend made a motion to accept the guardrail bid from Thompson
Culvert in the amount of $29,069. Commissioner Strahan seconded the motion. The motion
carried by a vote of three: Pennel (yea), Herschend (yea), Strahan (yea).

OFFICE SUPPLY BID
TRESSA LUTTRELL

Tressa Luttrell, Administrator, stated that she talked to the Independent Auditor and is
recommending to the Commission that Office Max receive the Office Supply bid, as this
company had 42% of the bid. Ms. Luttrell clarified that the Auditor suggested looking at what’s
best overall instead of what’s best for the individual departments and added that they also talked
about using multiple vendors. Ms. Luttrell stated that she is open to the direction of the
Commission, as to whether to use only one vendor or multiple bids. Ms. Luttrell clarified that
Staples is located locally but did not respond to the bid. A general discussion ensued.

Presiding Commissioner Pennel made a motion to table this issue. Commissioner
Herschend seconded the motion the table. The motion carried by a vote of three: Pennel (yea),
Herschend (yea), Strahan (yea).

UTILITY BEDS BIDS
TRESSA LUTTRELL

Tressa Luttrell, Administrator, presented the bids for utility beds and the explained that
the recommendation of Road and Bridge is for Bus Andrews.

Commissioner Strahan asked Jacob Rock, Road and Bridge about problems with work
done by Bus Andrews before? Mr. Rock stated that he has spoken with the owner of the
company, as well as a subcontractor who did some of the work, and Mr. Rock believes that the
issue has been resolved. Mr. Rock added that Bus Andrews has assured him the situation will
not reoccur.

Commissioner Strahan made a motion to approve the bid for Bus Andrews at the
recommendation of the Road and Bridge Department. Commissioner Pennel seconded the
motion.

Commissioner Herschend voiced his concern about problems with Bus Andrews on other
equipment. Commissioner Strahan withdrew his motion. Commissioner Pennel withdrew his
second. Commissioner Strahan stated that he is concerned about the safety of the workers and
Mr. Rock added that the other bid received would take substantially longer than Bus Andrews,
and wouldn’t arrive until the fall. Commissioner Pennel suggested one or two of the
Commissioners personally talking to Bus Andrews before the bid is approved.

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Commissioner Pennel made a motion to table the bid for utility beds. Commissioner
Strahan seconded the motion to table. The motion carried by a vote of three: Pennel (yea),
Herschend (yea), Strahan (yea).

ACCOUNTS ALLOWED

Commissioner Strahan made a motion to approve accounts payable checks #100076-
100163 and warrant #4641-4642 with the exception of #100157 for the sign man bill and one to
reissue a check due to a tax issue.

Commissioner Pennel seconded the motion. The motion passed by a vote of three:
Pennel (yea), Herschend (yea), Strahan (yea).

UMB REIMBURSEMENT #7

Commissioner Herschend made a motion to approve the reimbursement for UMB #7.

Commissioner Pennel seconded the motion. The motion passed by a vote of three:
Pennel (yea), Herschend (yea), Strahan (yea).

Note: The reimbursement will be kept in the Treasurer’s Office until disbursement.

ROAD ISSUE

Bessie Stobaugh addressed the Commission in regards to a neighbor who has put a fence
across the middle of her road off of H Hwy and inquired as what type of road this is? Ms.
Stombaugh added that they are making a road through her yard to get down below her property
and asked if the Commission can do anything? Ms. Stombaugh further explained that a survey
was done for a 40 feet right-of-way. A general discussion ensued.

Bob Paulson, County Counselor expressed there is an issue on the other end of the road.
Mr. Paulson told Ms. Stombaugh that this would not be an easy solution, and agreed to work
with her on this issue.

APRIL ELECTION

Art Beck reminded the public to vote tomorrow in the April Municipal Election.

PLANNING AND ZONING RESTRICTIONS

Mark Walicok, Architect addressed the Commission about building heights restrictions
and requested that they meet in order to discuss the other side of this issue.

Bill Yung, Land Planner also wanted to talk to the Commission about the building
heights issue adding that anything having this much to do with the growth and development of
the county and city areas should involve an in depth work session where all sides can be heard.

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Mr. Yung further stated there are other options and provisions available and he would like to
discuss those with the Commission. A general discussion ensued.

Commissioner Herschend recommended that someone from Planning and Zoning be
present at a work session. Presiding Commissioner Pennel suggested doing a traffic study on
specific areas adding that it might help with Planning and Zoning, as certain areas have increased
in traffic. Commissioner Strahan would like the work session to also address the limited
maintenance in certain road areas, due to lack of easement.

TRASH PICK UP

Commissioner Strahan reported that the county had a very successful trash pick-up day.

UTILITY BEDS

Jacob Rock, Road and Bridge Supervisor presented the Commission with the option of
having the Road and Bridge Department install the utility beds from Bus Andrews.

MASONIC LODGE

Commissioner Herschend invited the public to the new Masonic Lodge on Wednesday at
3:00 p.m. for the turning over of the key to the new building.

EXECUTIVE SESSION
EFK MOEN CONTRACT 610.021(1)&(12)
BOB PAULSON

Commissioner Strahan made a motion to go into Executive Session pursuant to RSMo
610.021 (1) (12). Commissioner Pennel seconded the motion. The motion carried by a vote of
three: Pennel (yea), Herschend (yea), Strahan (yea).

Minutes taken and typed by Lisa Owen and edited by Hillary Bargman

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