Commission Minutes

TANEY COUNTY COMMISSION RECORD

MAY 14, 2007 THE 16TH DAY OF
THE APRIL ADJOURN TERM

The County Commission met in the Associate Circuit II Courtroom at 9:01 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.

PARADISE POINT, EMORY CREEK, FOREST HAVEN, WILSON’S LAKE
ROAD VACATIONS

Bob Paulson, County Counselor stated that he met with Mr. Harry Styron last week in
regards to road vacations. Mr. Paulson further stated that Wilson’s Lake is waiting for easements
and explained that he just wanted to update the Commission as to where they are with these
vacations and suggested discussing them later in a work session as needed.

Commissioner Strahan clarified they haven’t approved all of these vacations and added
that there were some changes being made on the Wilson’s Lake Platte. Mr. Paulson informed
that a publication is still needed for the Emory Creek road vacation.

Commissioner Strahan made a motion to table the Paradise Point, Emory Creek, Forest
Haven, and Wilson’s Lake road vacations and discuss them in a work session with Bob Paulson
and Harry Styron. Mr. Paulson added that Harry Styron has provided him with amended orders,
proofs of publication, and easements to be recorded. Commissioner Pennel seconded the motion
to table. The motion passed by a vote of three: Pennel (yea), Herschend (yea), Strahan (yea).

MUTUAL AID AGREEMENT WITH GREENE COUNTY
TRESSA LUTTRELL

Tressa Luttrell, Administrator reported that she applied for a reimbursement of ice storm
work and FEMA asked that once they have paid the county they would like to have the Mutual
Aid Agreement with Greene County. Ms. Luttrell added that Bob Paulson, County Counselor has
looked at it and requested the Commission review and sign the agreement.

Commissioner Strahan asked if she or Jacob Rock did all the tracking of hours? Ms.
Luttrell clarified that the Road and Bridge Department kept track of the hours and she filled out
the necessary paper work for the reimbursement.

Commissioner Herschend inquired who the director of the Highway Department is? Mr.
Paulson explained that he changed the wording to Road and Bridge Administrator for Taney
County and left the Highway Department Director on the agreement for Greene County. Mr.
Paulson added that this was not his document so it was their wording not his and he just revised
part of it. Commissioner Herschend suggested specifying who’s Director of Highway
Department for clarity.

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Presiding Commission Pennel suggested adding Greene County Director of Highway
Department to the agreement. A general discussion ensued.

Commissioner Herschend then read the following from paragraph four: “All these things
will be done so that we can recover all of our costs.” Commissioner Herschend asked what
happened if the county does not recover all of the costs? Mr. Paulson clarified that this is a
document to get money back and it is after the fact. A general discussion ensued.

Commissioner Pennel made a motion to approve the document with the addition of
“Green County” where it says Director of Highway Department and to cross out “all” and add,
“it’s cost or any part thereof.” Commissioner Herschend seconded the motion.

Commissioner Herschend then asked if this is a one-time agreement or will it go for
anytime there is a similar emergency situation. Mr. Paulson expressed that this is not a very good
agreement, adding that it doesn’t even have a term on it and stated that he would not have drafted
it in this fashion.

Commissioner Herschend asked if there is not a starting or termination date, should they
add one before signing it? Mr. Paulson stated that he could draft a much better intergovernmental
agreement between Taney and Greene County for mutual aid in times of emergency.

Commissioner Pennel suggested after the Commission signs this agreement to take care
of this immediate need, to then get a better agreement.

Commissioner Pennel then amended his motion to add “This document will terminate on
December 31, 2007 and put today’s date of May 14, 2007 on it. Commissioner Herschend
amended his second. Mr. Paulson explained that he would change the agreement to read “This
agreement remains in affect until December 30, 2007.” Commissioner Pennel further expressed
that once this all gets worked out Taney County should do the same kind of agreement with all
surrounding counties.

Commissioner Strahan expressed that the county already has the check and is not sure
what the Commission is doing here. Commissioner Strahan clarified they are just asking for a
receipt saying this agreement was in place and added that this was an emergency situation taken
care of by the Commission’s approval.

Bob Paulson clarified the changes are minor and should be not problem to amend.
Commissioner Pennel explained that the Commission agreed to take action and now they need to
agree on this document before they sign it.

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

PRIOR MINUTES

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Commissioner Pennel made a motion to approve minutes from March 5 and 7, February
23, and May 2, 2007. Commissioner Herschend seconded the motion. The motion passed by a
vote of three: Pennel (yea), Herschend (yea), Strahan (yea).

ACCOUNTS ALLOWED

Commissioner Strahan made a motion to approve accounts payable checks #100882-
100931 and warrants #4659, 4660, 4661. Commissioner Pennel seconded the motion.

Tressa Luttrell, Administrator informed the Commission that they have a reimbursement
to be included with accounts payable. A general discussion ensued.

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

Commissioner Herschend made a motion to table “Exhibit B” {the reimbursement for
disbursement from the construction fund to United Missouri Bank (UMB)} to be discussed in a
work session in order to better understand the reimbursement process. Commissioner Pennel
seconded the motion to table. The motion passed by a vote of three: Pennel (yea), Herschend
(yea), Strahan (yea).

JAMES STRAHAN
ASSESSMENT BOOKS

James Strahan, Assessor reported that tomorrow May 15, 2007 by 5:00 p.m. he would
turn in the assessment books for the county due to reassessment. Mr. Strahan added that the
personal property book would be turned in and the real estate book would be turned into the
County Clerk for certification and added that this book is reflective of approximately a 6%
growth in new construction and a 12% growth due to reassessment. Mr. Strahan added that there
has been an increase from approximately $750 million in 2005 to $901 million assessment for
January 1, 2007. Mr. Strahan further expressed his appreciation to his help and staff for getting
this done on schedule regardless of the many roadblocks they encountered.

Commissioner Herschend asked for an update as to the state reimbursement situation?
Mr. Strahan confirmed that no money has come in from the state.

Commissioner Strahan asked Mr. Strahan if he read the letter from Mr. Epperson, State
Tax Commission (STC) that stated the facts about the Assessor being in compliance and added
that he doesn’t understand why the county still doesn’t have the money?

Commissioner Strahan confirmed that he read the letter and Mr. Epperson talked about
compliance but they haven’t seen any money yet.

James Strahan further informed that there would be some gains and losses during Board
of Equalization (BOE) and all increase notices have been sent out with the exception of
approximately 300, which will be sent out on Friday, May 18, 2007.

OAKMONT SUBDIVISIONS

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CRAIG WHITE

Craig White, Member of the Oakmont Subdivision Board of Directors addressed the
Commission in regards to taxpayers concerns about several burglaries in the Ridgedale area and
asked where southwest Taney County is headed in the future as far as the new airport and law
enforcement in that area?

Commissioner Herschend reported as to the status of the airport and asked Mr. White
specifically what he is asking the Commission in regards to law enforcement.

Mr. White responded that he and some neighbors have been robbed and have made many
calls to the Sheriff’s Department to which no one has contacted him or his neighbors in regards
to the burglaries. Commissioner Herschend asked if they filled out a report? Mr. White
confirmed they did fill out a report and expressed that as a taxpayer when he calls to ask
questions he feels like he should have some kind of response. A general discussion ensued.

Commissioner Herschend then referred Mr. White to Sheriff Russell to report his
concerns about his phone calls not being returned and expressed he feels this is something the
Sheriff would want to know. Mr. White then inquired as to the process for incorporation due to
Ridgedale’s recent growth and development? A general discussion ensued.

Mr. White then brought up another issue about a dumpsite where Oakmont complained to
the Health Department about the site being full of injection needles and pharmaceutical bottles.
Mr. White added that the Health Department said the majority of the needles were used for
animal health and turned the issue over to Animal Control to which there has also been no
response or nothing done in regards to the situation.

Commissioner Strahan asked Mr. White to find out whether the dump site is next to a
county road or not and added that if it is, then the county would take care of it and if not a
different action would need to be taken. Commissioner Herschend affirmed that Mr. White came
to the right people as far as where to start looking for answers and stated he would be happy to
schedule a meeting to further discuss these issues.

SAFTEY CONCERNS
PARKING SIGNS

Commissioner Herschend stated that he has been approached by a gentleman who
addressed the Commission in the past in regards to, “no parking on my side of street”
subdivision signs. Commissioner Herschend added that the concern is for public safety as far as
ambulance or fire trucks not being able to get through streets in the event of an emergency
because cars are parked on both sides. Commissioner Herschend suggested setting up a work
session with the Commission, Bob Paulson, County Counselor, and Sheriff Russell to discuss the
possibility of an ordinance or something to make this enforceable.

Presiding Commissioner Pennel informed that the Commission discussed this issue about
a month ago at a Road and Bridge Shop Talk. Commissioner Pennel explained that they ordered
signs for four subdivisions and also mentioned getting an ordinance for the Sheriff’s Department

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to prosecute or tow vehicles in violation of the ordinance. Commissioner Pennel expressed that
he feels they need to move forward with this process and agreed that they need to schedule a
work session to further discuss this issue.

Commissioner Strahan added that they had a lengthy discussion about this when Jacob
Rock was here and also discussed the possibility of getting signs that they can put stickers on to
where in 48 hours the vehicle can be towed. A general discussion ensued.

Commissioner Herschend stated he would report back to the concerned person and asked
Tressa Luttrell to set up a work session to further discuss this issue.

BRANSON CITY COUNCIL MEETING

Presiding Commissioner Pennel announces that the Commission will start having
quarterly meetings with the Branson City Council and the first meeting is scheduled today.

RECESS
10:00 A.M.

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

RECONVENE
2:00 P.M.

The County Commission and Board of Directors of the Branson, Missouri Regional
Airport Transportation Development District met in the Associate Circuit II Circuit Courtroom at
2:00 p.m. pursuant to adjourn with Chuck Pennel, Presiding, Ron Herschend, Western District,
and Danny Strahan, Eastern District, present. Also present was Gary Anderson with Gilmore and
Bell, Steve Peet with Branson Airport, Mike Lause with Thompson Coburn, Neal Attermann
with Citi, Donna Clevenger with Branson Daily News, Tim Bonner with Hometown Radio, Bob
Paulson, County Councilor, Rick Findley, Auditor, Helen Soutee, Treasurer, Joe Reish, and
Donna Neeley, County Clerk The following proceedings were had and made a matter of record.

PUBLIC HEARING
PROPOSED ISSUANCE OF AIRPORT REVENUE BONDS

Gary Anderson with Gilmore and Bell Law Firm Bond Council opened the public
hearing required by the Federal Government and explained that the following proper notice was
given to the public with publications in the Taney County Times and Branson Daily News.

NOTICE OF PUBLIC HEARING
The Taney County Commission (the “County”) and the Board of Directors of the Branson, Missouri
Regional Airport Transportation Development District (the “District”), will hold a joint public hearing in the
Associate Circuit II Courtroom, located at 132 David Street, in Forsyth, Missouri, on May 14th, 2007, commencing
at 2:00 P.M., regarding the proposed issuance by the District of its airport revenue bonds in one or more series in an
aggregate principal amount not to exceed $150,000,000 to provide funds to finance a portion of the costs of the

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acquisition, construction, improvement, furnishing and equipment of the Branson, Missouri Airport (the “Airport”),
to be constructed on an approximately 440 acre tract of land located approximately 1 1/2 miles east of SR 65 and
approximately 1 1/4 miles north of II highway, nine miles south of the City of Branson, in Taney, County, Missouri,
which Airport will include an approximately 7,140 feet long and approximately 150 feet wide runway on an
approximately 8,600 feet long platform, taxiways, taxiway connectors, parking aprons, main terminal building of
approximately 35,000 square feet with passenger boarding bridges, maintenance buildings and all related
infrastructure and support facilities necessary to handle commercial passenger traffic at the Airport, including
wastewater treatment, water supply, stormwater management, roads and parking facilities. The Airport will be
owned by the County and leased to the District. The Airport is anticipated to be operated by Branson Airport, LLC,
a Delaware limited liability company (the “Company”) under an operating lease agreement with the District. The
bonds will be revenue obligations of the District, payable solely from revenues derived and to be derived by the
District from lease payments made under the operating lease to the Company for the Airport. The hearing will be
open to the public. All interested persons may attend the hearing and will have an opportunity to express their views
with respect to the above-mentioned project and the issuance of bonds to pay a portion of the costs thereof.

Mr. Anderson then opened the meeting up for public comment regarding the issuance of
bonds and explained that after the public hearing, the meeting will reconvene in the County
Commission Office for further information.

Note: There was no public comment in regards to this issue.

RECONVENE
2:30 P.M.

The County Commission and Board of Directors of the Branson, Missouri Regional
Airport Transportation Development District met in the County Commission Office at 2:30 p.m.
pursuant to adjourn with Chuck Pennel, Presiding, Ron Herschend, Western District, and Danny
Strahan, Eastern District, present. Also present was Gary Anderson with Gilmore and Bell, Steve
Peet with Branson Airport, Mike Lause with Thompson Coburn, Neal Attermann with Citi,
Donna Clevenger with Branson Daily News, Tim Bonner with Hometown Radio, Bob Paulson,
County Councilor, Rick Findley, Auditor, Joe Reish, and Donna Neeley, County Clerk The
following proceedings were had and made a matter of record.

PUBLIC HEARING
PROPOSED ACQUISITION AND ISSUANCE OF BONDS
BRANSON, MISSOURI REGIONAL AIRPORT

Presiding Commissioner Pennel called the meeting to order to discuss to following:
NOTICE OF PUBLIC HEARING
The Taney County Commission (the “County”) and the Board of Directors of the Branson, Missouri
Regional Airport Transportation Development District (the “District”), will hold a joint public hearing in the County
Commission Conference Room, located at 127 Main Street, in Forsyth, Missouri, on Monday, May 14, 2007,
commencing at 2:30 P.M., regarding the following: (a) the proposed acquisition, establishment, construction,
ownership, control, equipping, improving, maintaining, regulating, operating and leasing of the Airport described
hereafter; and (b) the proposed issuance by the District of its airport revenue bonds in one or more series in an
aggregate principal amount not to exceed $150,000,000 to provide funds to finance a portion of the costs of the
acquisition, construction, improvement, furnishing and equipment of the Branson, Missouri Airport (the “Airport”),
to be constructed on an approximately 425 acre tract of land located approximately 1 1/2 miles east of SR 65 and
approximately 1 1/4 miles north of JJ highway, nine miles south of the City of Branson, in Taney, County, Missouri,
which Airport will include an approximately 7,140 feet long and approximately 150 feet wide runway on an
approximately 9,000 feet long platform, taxiways, taxiway connectors, parking aprons, main terminal building of

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approximately 35,000 square feet, maintenance buildings and all related infrastructure and support facilities
necessary to handle commercial passenger traffic at the Airport, including wastewater treatment, water supply,
stormwater management, roads and parking facilities. Portions of the road improvements and other infrastructure
will be located outside of Airport site. The Airport will be acquired and owned by the County and leased by the
County to the District pursuant to a long-term lease of approximately 50 years. The Airport is anticipated to be
equipped, maintained and operated by Branson Airport, LLC, a Delaware limited liability company (the
“Company”) under an operating lease agreement with the District. The County and the District propose to cause the
acquisition, establishment, construction, ownership, control, equipping, improving, maintaining, regulating,
operating and leasing of the proposed Airport pursuant to applicable law, including, but not limited to, Section
305.180 - 305.210 of the Missouri Revised Statutes (“MSR”), the provisions of the Missouri Transportation
Development District Act set forth in Sections 238.200 - 238.75 MSR and the provisions on governmental
cooperation and cooperation agreements set forth in Article VI, Section 16 of the Missouri Constitution and Sections
70.210 - 70.325 MSR. The public hearing will be held pursuant to and in compliance with the foregoing laws. The
bonds will be revenue obligations of the District, payable solely from revenues derived and to be derived by the
District from lease payments made under the operating lease to the Company for the Airport. The hearing will be
open to the public. All interested persons may attend the hearing and will have an opportunity to express their views
with respect to the proposed acquisition, establishment, construction, ownership, control, equipping, improving,
maintaining, regulating, operating and leasing of the proposed Airport and the issuance of bonds to pay a portion of
the costs thereof. All interested persons may review copies of proposed documentation regarding the Airport project
including the proposed form of leases mentioned herein by contacting the County in advance of the hearing.

Commissioner Herschend made a motion to approve order number 51407 approving the
proposed acquisition, establishment, construction, ownership, control, equipping, improving,
maintaining, regulating, operating and leasing of the Branson Missouri Regional Airport.
Commissioner Pennel seconded the motion. The motion passed by a vote of three: Pennel (yea),
Herschend (yea), Strahan (yea).

Minutes taken and typed by: Donna Neeley and Hillary Bargman

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