Commission Minutes

MAY 12, 2008 20th DAY OF
THE APRIL ADJOURNED TERM

The County Commission met in the Associate Circuit Courtroom at 9:00 a.m.
pursuant to adjourn with Commissioner Pennel and Commissioner Strahan present and
the following proceedings were had and made a matter of record.

Prayer was led by Commissioner Strahan followed by the pledge.

Commissioner Herschend entered the meeting at 9:04 a.m.

CEDAR SPRINGS ROAD PETITION

Commissioner Pennel read the following petition into record:

Petition for establishment of a public road, which is located at Section 12, Township 23N and
Range 20W; Cedar Park Drive and Cedar Springs Avenue.

Commissioner Strahan asked Frank Preston, Road & Bridge Superintendent, if
there was an island as you enter the intersection. Mr. Preston stated that according to the
aerial photograph there shows no island where the roads intersect.

Commissioner Strahan made a motion to accept Cedar Springs Drive and Cedar
Springs Avenue into the County Road System. Mr. Preston noted that there will be
maintenance issues initially, as there are severe pavement concerns. Commissioner
Strahan commented on the two cul-de-sacs, as only one is platted.

Commissioner Strahan restated his motion to say acceptance of Cedar Park and
Cedar Springs to the point of the entrance to Cedar Park, not to the cul-de-sac side, until
the cul-de-sac is platted. He also stated in his motion that if the cul-de-sac was platted
then he would accept the entire road. Commissioner Pennel seconded the motion.

A general discussion ensued. Commissioner Pennel withdrew his second.
Commissioner Strahan withdrew his motion.

Commissioner Pennel made a motion to table Cedar Springs Road Petition until
the cul-de-sac is platted. Commissioner Herschend seconded the motion and made
mention that this petition would be taken up within the next 90 days. The motion passed
by vote: Pennel (yes), Herschend (yes), Strahan (yes).

MR. GARY JONES
PRESIDENT’S VOLUNTEER SERVICE AWARD

Commissioner Pennel stated that he was invited, last Thursday, to present Mr.
Gary Jones with the President’s Volunteer Service Award. Chris Berndt, Emergency
Management Director, noted that Mr. Jones is a ham radio operator, which entails
volunteering in helping to maintain the bulletin board for the disaster preparedness.
 Commissioner Pennel stated that he appreciated the hundreds of hours that Mr.
Jones has volunteered for Taney County.

BOB SCHANZ
EMPLOYEES MAKING STATEMENTS TO THE PRESS

Bob Schanz commented that there was wrong information given to the media by
Taney County employees and encouraged the Commission to consider hiring a press
secretary that would address the press.

BOB SCHANZ
ANIMAL CONTROL FACILITY

Bob Schanz reflected on last weeks meeting where the topic of Animal Control
Facility and Nepotism were discussed. He commented that due to Commissioner Pennel
currently being investigated, he should refrain from speaking about anything in the area
of Animal Control and suggested that Commissioner Pennel step down completely until
the investigation is completed.

BOB SCHANZ
ACTIONABLE AGENDA ITEMS

Bob Schanz stated that he filed out the proper documentation at the Commission
Office on Friday morning and hoped the Commission will take into consideration his
suggestions.

Commissioner Herschend made a motion to send a letter to staff, within the
Courthouse, directing all official information to come from Elected Officials or the
Commissioners. Commissioner Pennel asked for clarification on whether Commissioner
Herschend was referring to the public or to the media. Commissioner Herschend added
to his motion to include Department Heads and/or county employees who have been
directed by the Commission.

Commissioner Strahan commented that there needs to be a discussion prior to
making a decision on this issue, although he agrees with Commissioner Herschend in that
there needs to be a specific person that would address the media. He also recommended
that the Commission explore this issue during a work session.

Commissioner Herschend requested for Counselor Paulson to give his legal
opinion on whether or not it is legal for Commissioner Pennel to be involved in
discussion regarding Animal Control issues or any county business while he is under
investigation, in the form of a letter.
 Mr. Schanz commented on long distance charges incurred to the county by
CenturyTel and suggested that the Commission look into having CenturyTel provide the
county with additional local numbers in the area.

COMMISSIONER PENNEL
NEXT MONDAY’S MEETING

Commissioner Pennel stated that next Monday’s meeting will be held at 10 a.m.
instead of 9 a.m. because he was invited by the Recorder of Deeds to welcome the
Recorder’s Association at the Chateau in Branson at 9:00 a.m.

COMMISSIONER PENNEL
NATIONAL POLICE WEEK RESOLUTION

Commissioner Pennel read into record the National Police Week Resolution:

RESOLUTION NO. 08-0512

WHEREAS, the Congress of the United States of America has designated the calendar week of
each year during which May 15 occurs as “National Police Week” and May 15th of each year to be
“Peace Officers’ Memorial Day”; and

WHEREAS, the peace officers are our guardians of life and property, defenders of the individual’s
right to be free, warriors in the war against crime, and dedicated to the preservation of life, liberty,
and the pursuit of happiness; and

WHEREAS, it is known that every forty-nine hours an American Police Officer will be killed in
the line of duty somewhere in the United States, and 170 officers will be seriously assaulted in the
performance of their duties, our community joins with other cities and towns to honor all peace
officers everywhere;

BE IT RESOLVED, that the Taney County Commissioners, do hereby proclaim the week of May
11th to May 17th to be Law Enforcement Week in Taney County and call upon all our citizens in
the community to especially honor and show our sincere appreciation for the peace officers of this
county by deed, remarks, and attitude. We call upon all our citizens to make every effort to
express their thanks to the women and men who make it possible for us to leave our home and
families in safety each day and to return to our homes knowing we are protected by women and
men willing to sacrifice their lives, if necessary, to guard our loved ones, property and government
against all who would violate the law.

Dated this 12th day of May 2008.

Commissioner Pennel made a motion to approve Resolution #08-0512.
Commissioner Herschend seconded the motion and also challenged other to consider
seeking out a Law Enforcement Officer within the next 30 days to let them know how
much their hard work is appreciated. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (yes).

COMMISSIONER PENNEL
 CLARIFICATION OF AGENDA REQUESTS

Commissioner Pennel stated that the Commission needed to clarify the decision
that was made on the procedure of being on the Monday Agenda.

Commissioner Herschend read the motion that was made on Friday, May 2, 2008
during a meeting, which stated:

Commissioner Herschend made a motion that starting immediately that the Commission require a
paragraph stating the topic/question, issue or action item to be placed on the Monday Agenda. He
also included in his motion that anything that would require the Commission to take action on will
be submitted prior to Thursday at 3 pm and that the Commission will meet prior to Friday at 9 am
to approve items for Monday’s Agenda that will be taken up for action. Commissioner Herschend
commented that all other items can be aired during Public Comment.

Commissioner Strahan commented that there needs to be a request sent to the
media allowing the public to speak out, but doing it in an orderly fashion. Commissioner
Herschend stated that if the Commission sees that this procedure is not beneficial to the
public, then it could go back to the way it has always been.

TRESSA LUTTRELL
ABL CONTRACT

Tressa Luttrell, County Administrator noted that the ABL contract is not currently
ready, as there are still a couple of questions for Sheriff Russell. Counselor Paulson
stated that he would only need about 30 minutes to change the contract once he received
proper information from Sheriff Russell.

Commissioner Herschend made a motion to table the ABL Contract until 11:30
a.m. Commissioner Strahan seconded the motion. The motion passed by vote: Pennel
(yes), Herschend (yes), Strahan (yes).

RICK FINDLEY
COUNTY AUDITOR

Auditor Findley presented the Commission with a financial report noting that the
balances were going backwards due to the Judicial and Casey Road projects.

Commissioner Strahan requested Mr. Findley to clarify his statement for the
public. Mr. Findley stated that initially the plan was to spend 7 million and up until
December 2007, we were using bond money and currently we are using county funds so
it may appear as if the balances are going down.

JAMES STRAHAN
COUNTY ASSESSOR
 Assessor Strahan commented that he opposes the earlier statements about not
allowing employees to speak with the media.

PUBLIC COMMENT

Mr. Art Beck thanked the Sheriff’s Office for directing traffic at the bridge. He
also commented on the possibility of getting a toll-free telephone number for the Taney
County Courthouse. Mr. Beck expressed concerns of our countries military men being
cremated in the same facilities as animals.

Mr. Josh Smith commented on National Police Week in a positive aspect and also
encouraged the Commission to consider raising the rate of pay for Law Enforcement
Officers. He also asked the Commission to reflect on the nepotism issue and whether or
not Commission Pennel should be allowed to participate in Commission meetings while
he is under investigation.

ACCOUNTS ALLOWED

Commissioner Pennel made a motion to approve accounts payable warrants
#303606-303716, manual warrants #4828-4831. Commissioner Herschend seconded the
motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (abstain).

PRIOR MINUTES

Commissioner Pennel made a motion approve prior Commission minutes dated
4/30/08, 5/5/08 and 5/7/08. Commissioner Strahan seconded the motion. The motion
passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

Commissioner Strahan made a motion to approve prior Commission minutes
dated 4/25/08. Commissioner Herschend seconded the motion. The motion passed by
vote: Pennel (abstain), Herschend (yes), Strahan (yes).

PAYROLL

Commissioner Pennel made a motion to approve payroll warrants:

General County Revenue warrants #104344-104366

Road & Bridge warrants #104315-104338

Assessment Fund warrants #104339-104340

Transfer Station warrants #104341-104343

Accounts Payable warrants #303732-303747, manual warrants #4833-4834.
 Commissioner Pennel seconded the motion. The motion passed by vote: Pennel
(yes), Herschend (yes), Strahan (yes).

RECESS
10:24 a.m.

Minutes taken and typed by Nikki Lawrence.

RECONVENE
11:33 a.m.

ABL CONTRACT

Commissioner Strahan made a motion to approve the contract between ABL and
Taney County. Commissioner Herschend seconded the motion. The motion passed by
vote: Pennel (yes), Herschend (yes), Strahan (yes).

RECESS
11:53 a.m.

RECONVENE
1:05 p.m.

SEPTAGON CONSTRUCTION
MONTHLY UPDATE

Commissioner Herschend made a motion to approve PR#46 to paint the interior
of the sallyport with exterior acrylic paint in lieu of the epoxy paint for an additional
$4,053.00. Commissioner Strahan seconded the motion. The motion passed by vote:
Pennel (yes), Herschend (yes), Strahan (yes).

Commissioner Herschend made a motion to approve the purchase of a 7’10”
wood door for an additional $577.00. Commissioner Strahan seconded the motion. The
motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

Commissioner Herschend made a motion to approve 02B-001 for APAC to
increase the thickness of the asphalt which reduced the requirement for base rock for a
credit in the amount of $7,271.00. Commissioner Pennel seconded the motion. The
motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

Commissioner Herschend made a motion to approve the changing of the thickness
for the aluminum sheet metal for the cap flashing and trim from .050 to .040 for a credit
in the amount of $2,745.00. Commissioner Strahan seconded the motion. The motion
passed by vote: Pennel (yes), Strahan (yes), Herschend (yes).
 Commissioner Strahan made a motion to approve a “time and material” change
with Kennedy Contractors for extending the communication conduits that came from the
existing Courthouse and terminating near the utility pole for an additional $476.49.
Commissioner Pennel seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (yes).

FRANK PRESTON AND TRESSA LUTTRELL
WORK SESSION

Frank Preston, Road Superintendent and Tressa Luttrell, County Administrator
met with the Commission to discuss various issues.

1. Airport Hangar: Ms. Luttrell informed the Commission that she received
notification from Mark Parent, Airport Manager that a resolution was needed for
the banking institution on the hangar project. Ms. Luttrell stated that the bank
was requiring additional paperwork as soon as one request is completed.

Commissioner Strahan made a motion that Counselor Paulson have the bank send
the county all the documents that are needed. Commissioner Herschend seconded the
motion. Counselor Paulson commented that there could be some added legal expenses.
Commissioner Herschend stated that he had expressed this to both Mr. Parent and to the
Airport Board and they said there would be no additional costs. The motion passed by
vote: Pennel (yes), Herschend (yes), Strahan (yes).

2. Fox Trail Road: Mr. Preston informed the Commission that he had received all
but one agreement regarding the scarifying and grading of the road and added that
he would continue working on the issue.

3. Tablerock Canyon Development: Mr. Preston noted that he was sent an entrance
application for the second or third entrance on 165 and with the Commission’s
permission he would approve said permit.

Commissioner Herschend asked if Mr. Preston needed to notify us when issuing
permits. Commissioner Strahan commented that he would just like to know. Mr. Preston
added that he typically wouldn’t do this but that this project is so big, he just wanted the
Commission to be aware.

Bob commented that Hollister had annexed the development and should take the
road in as well.

4. Board Appointments: Mr. Preston noted that Craig Trotter had resigned from the
Planning & Zoning board; however Carl Pride would like to switch from Board of
Adjustments to Planning.
 Commissioner Strahan made a motion to switch Carl Pride to Planning & Zoning
effective June 1st. Commissioner Pennel seconded the motion. The motion passed by
vote: Pennel (yes), Herschend (no), Strahan (yes).

5. Planning & Zoning: Mr. Preston stated that there was still an opening in Planning
& Zoning since Kurt Larsen retired. Mr. Preston noted he was proposing to move
everyone up a division and hire a Division I position.

Commissioner Strahan commented that he would like to see the break down on
everyone before making a decision on that.

6. Road Vacations: Counselor Paulson noted that he could not get a hold of the
landowners regarding Quebec Road Vacation and all he needed was an original
warranty deed. Commissioner Pennel commented that he would go out there.

Commissioner Strahan stated that the Commission could not act on the Holiday
Vacation as there is one lot that was not contacted. Commissioner Strahan made a
motion to table until Randy Haes could get the additional signature. Motion passed by
vote: Pennel (yes), Herschend (yes), Strahan (yes).

7. Bypass Road: Mr. Preston informed the Commission that the new tin horn has
been installed which ended up being on County right-of-way. Mr. Preston added
that they were working on a written agreement but had a verbal at the time of
construction.

8. Accounting System: Mr. Preston noted that previously he had discussed the
accounting system within the County but by no means wanted to stir the emotions
that he caused. Mr. Preston stated that he simply would like the capability for
him or his staff to be able to punch up a line item at any time and see what has
been spent and with the information that I receive on a monthly basis doesn’t give
me that detail.

Mr. Preston added that he had asked Kathy Roberts to put all the information into
FileMakerPro since January 1st. Auditor Findley explained the difficulties with MAS90
and several users and added that they needed to check with their vendor to get additional
information on MAS90 or MAS200.

9. Casey Road Payment: Ms. Luttrell indicated that she needed direction as to
whether the Commission would allow for the payment to Herion be made outside
the normal accounting process as they would like to have their check as soon as
possible since there was such a delay regarding the change orders.

Mr. Preston stated that he had spoken with Spencer Jones who will prepare the
required documentation tomorrow. Commissioner Pennel made a motion contingent
upon the receipt of a signed addendum by Herion, that a check would be written outside
the normal process. Commissioner Strahan seconded the motion. The motion passed by
vote: Pennel (yes), Herschend (yes), Strahan (yes).

Minutes taken and typed by Tressa Luttrell.