Commission Minutes

JULY 14, 2008 5th DAY OF
THE JULY ADJOURNED TERM

The County Commission met in the Associate Circuit Courtroom at 9:04 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 Helen Soutee followed by the pledge.

ACCOUNTS ALLOWED

Commissioner Strahan made a motion to approve accounts payable warrants
#304639-304740 and manual warrant #4859-4860 and 4863. Commissioner Pennel
seconded the motion. The motion passed by vote: Pennel (yes), Herschend (absent),
Strahan (yes).

PRIOR MINUTES

Commissioner Pennel made a motion to approve prior Commission Minutes
dated 6/30/08, 7/1/08, 7/2/08, 7/3/08, 7/7/08, 7/8/08 and 7/9/08 with minor changes.
Commissioner Strahan seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (absent), Strahan (yes).

SHADY LANE ROAD PETITION

Mr. Preston, Road and Bridge Superintendent, stated that due to the recent
weather conditions, Shady Lane has not been reviewed. Commissioner Pennel read
Shady Lane Road Petition into the record and it read as follows:

Petition for Establishment Change or Relocation of Public Road located in Big Creek Township
and described as Section 11, Township 21N, and Range 17W.

Commissioner Pennel made a motion to table Shady Lane Road Petition.
Commissioner Strahan seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (absent), Strahan (yes).

Commissioner Pennel commented that hopefully the Commission will be able to
look at this next week.

BLANSIT ROAD

Commissioner Pennel stated that the issue at hand was brought to his attention by
Ms. Carol Orr, with a request to close Blansit Road. He had communicated to Ms. Orr
there had to be a public hearing to allow residents to voice their opinion. Commissioner
Pennel noted that he received a call from the property owner at the end of the road, who
owns 370 acres, and he is not in favor of closing the road because that would leave him
no access to his property.
 Commissioner Strahan commented that there were an equal number of people that
are for and against this action.

Ms. Carol Orr stated her reasons for wanting Blansit Road closed are as follows:
-trespassing
-fences damaged
-creek bank damaged
-shooting guns
-too much traffic
She also stated that if the road was vacated, it would stop all of the traffic going down to
the creek, which is on private property. Ms. Orr also noted that there is a compromise to
this problem.

Commissioner Pennel asked Ms. Orr if she had a compromise in mind. Ms. Orr
stated she would like there to be a gate that only homeowners had a key to.
Commissioner Pennel suggested a neighborhood watch program.

Commissioner Herschend entered the meeting at 9:10 a.m.

Mr. Tim Leist stated that he has used the creek for several years and has always
been respectful when crossing someone’s property. He also stated that he agrees with the
property owners in that when some people go to the creek via private property there is no
respect. Mr. Leist noted that on many occasions he has gone down and cleaned up trash
and even went as far as hauling items to the Transfer Station during the county clean-up.
He also commented that he is not in favor of closing the property.

Commissioner Herschend wanted to make sure that the right message is sent to
public; if Blansit Road were to close, it would be to service the residents of that road and
not to allow access to the creek as there are other access points that are not on private
property.

Mr. Wendell Clare noted that he was not concerned about the creek, but
trespassing and damaging of private property. He also stated that on the 4th of July he
had trespassers on his property that tried to steal his canoe and if he would not have been
there, it would have been taken. Mr. Clare is in favor of placing gate that only property
owners have the key to.

Ms. Paula Moriuchi stated that she enjoys driving down Blansit Road, but there is
a lot of illegal activity that occurs down there. She also noted that there has to be a
solution but does not know what it should be and is unsure on closing the road.

Ms. Carol Sharp submitted a letter from her brother, to the Commission. She also
commented on the illegal activity that happens by the creek and on Blansit Road. Ms.
Sharp also noted that she just wants to people to stay off of her property and that she is in
favor of closing the road.
 Commissioner Herschend asked Sheriff Russell if there was a letter from the
property owners that says that trespassers are to be charged or does the property owner
need to call each time it happens. Sheriff Russell stated that would be a question for the
Prosecutor.

Mr. Rex Asselin commented on violation of property rights. He also noted that he
attended the meeting to be a support for his neighbors.

Ms. Anna Roberts read a letter from her mother, Patty Roberts, who was unable to
attend. The letter read as follows:

I regret that I cannot personally attend this morning’s meeting to hear discussion on the matter of Bull
Creek access via Blansit Road in Walnut Shade. Please accept this letter as my contribution to the
discussion.

For the past twelve years, our family has lived on Highway 160 at the corner of Coffee Road. Our home is
located one-tenth of a mile from where Blansit Road (a.k.a. “the creek road”) turns off Highway 160.

We are very thankful to live so close to Bull Creek. We like to walk and bike on the creek road, we canoe
the creek and float it in inner tubes, and we often swim at “Big Rock”, a swimming hole located one-half
mile upstream from the Highway 160 bridge.

For as long as we have lived here, there have been issues with “outside” people who frequent the Big Rock
area. Before the creek road was repaired – maybe eight or ten years ago? – people trespassed through the
properties now owned by Lanes and by Ms. Orr, in order to get to the creek. The people who owned those
properties at the time had to take extreme measures to prevent people from illegally accessing their land.
Signs and fences were ineffective, and ultimately, large boulders had to be brought in to keep trespassers
out.

My understanding and observation is that once the creek road had been repaired and was being regularly
maintained, visitors to Big Rock tended to used the creek road instead of the neighbors’ property.

My family and I have talked over the years with numerous people we’ve met while swimming at Big Rock.
When we ask where they live, they almost NEVER say Walnut Shade. Ozark, Springfield, Highlandville,
Nixa, and Bolivar are some of the places they have mentioned, and a lot of people have told us that they
have been coming to Big Rock to swim, picnic, and/or camp for many, many years. On several occasions,
people at Big Rock have told me that they came there to swim as young children, and now they are
bringing their own young children to their favorite swimming hole.

We realize that, unfortunately, there is a lot of unsavory activity occurring in or near our neighborhood.
We suspect that SOME of the people who travel the creek road are using and/or selling drugs. We
distinctly remember the car crash and death that occurred on that road a few years ago. We regret that,
because of the activities of some of those who access the creek here, we must be extremely careful in
allowing our children to walk or bike on the creek road or to swim at Big Rock.

Because our own property does not abut the creek or the creek road, and because we live about one-half
mile from Big Rock, our family has not been directly affected by the traffic, trespassing, litter, noise, and
other problems that some of our neighbors have faced. I have been told that since the creek began flooding
so much this spring – denying people access via the creek road – those problems for our neighbors have
gotten worse. I am very sympathetic to their concerns, and I can imagine how I would feel if I were in their
positions.
In a perfect world (or a perfect Taney County), it would be nice if only nice people were allowed to use
Blansit Road and the swimming hole at Big Rock. However, I really don’t think such a plan could be
enforced. It seems to me that either everyone must be allowed to go down there, or else everyone must be
forbidden.

Our family has discussed several possible options to help reduce the problems our neighbors are
experiencing, including:

1. Taney County converts Blansit Road from a public county road to a private road. Whoever owns
property that abuts the creek them fences and/or posts the land as he or she sees fit and deals with
trespassers personally or through legal channels. In that case, we sincerely hope our neighbors
would allow our family to access the road and swimming hole.
2. Taney County continues to maintain the road, a parking area is allowed under the Highway 160
bridge, and a gate is installed across Blansit Road just past the parking area. Only pedestrian or
bicycle traffic would be able to get past the gate. Out-of-area people could park under the bridge
and walk the half mile to picnic, swim, or camp at Big Rock. Over time, this night discourage
some of the would-be capers and party-ers.

However, as I see it, either of these options could potentially cause problems, including:

A) If the road is not maintained (and hence not drivable) or if it is permanently blocked off,
the neighbors may have the same problems they have had these past months when the
road’s been flooded.
B) If people drive a long way on a hot day to swim or camp at the spot they’ve come to for a
decade, and find that they can no longer get there, they will be angry. Angry people may
be inclined to take out their anger in inappropriate ways (defacing property, violence,
etc.)
C) If the county is legally bound to provide drivable access to the property on the far side of
the low water bridge at the end of Blansit Road, them either an unmaintained road or a
permanent gate would be unacceptable.
In Summary, although I do not know all the ins and outs of the county laws that apply to this
situation, I strongly suspect that there is not a legal way for those of us in this neighborhood to
have our cake and eat it, too. That is, for the local resident – and ONLY the local resident –
to have access to this stretch of Bull Creek.

I would GREATLY appreciate being informed of what the county decides to do on this matter
(SASE enclosed), and I thank you for your time in reading this letter.

Sincerely,
Patricia S. Roberts
Homeowner and Registered Voter near Bull Creek in Walnut Shade

Mr. Harry Styron commented on access closure and how it would take away any
access to his property. He also stated that if there is no access to the gravel bar then it
would tremendously slow down on the people partying at the creek. Mr. Styron
suggested putting concrete filled pipes along the road to keep people from parking on the
road, which would keep from driving on private property. He also noted that if the road
was closed and the road became private, the burden to maintain the road would shift to a
select few and Mr. Styron. To date, Mr. Styron has not had any offers of compensation
or to help share the burden.

Mr. Art Beck commented on rights as a property owner and being on the high
water mark of the creek bank.
 Ms. Carol Orr submitted a letter from a property owner, Mr. Vance Deitz, to the
Commission, along with pictures of people trespassing on private property.

Commissioner Strahan stated that this is a very sensitive issue with him, in that he
has been a lifelong resident of Taney County and has seen creek accesses closed
constantly, which puts a burden on residents.

Commission Herschend moved for an interim solution, to put up a county
maintained sign that says “Public Access at Low Water Bridge Crossing Only, All Others
Are Trespassing and Subject To Prosecution”, which will also be paid for by the county
and to leave the road opened. In addition, he added to the motion that the Taney County
Sheriff’s Department would provide patrol and enforcement twice daily.

Sheriff Russell addressed a problem with Commissioner Herschend’s motion;
what if the individual says that they had previous permission from the landowner.

Commissioner Strahan commented that the sign would be interring with citizens’
rights and it would be setting precedence across the county for anyone to get a sign on
any county road because the property owner did not want trespassers.

Commissioner Pennel read paragraph 4 from Mr. Dietz’ letter, which read as
follow:

Your letter requests my views on maintaining this road. If the county is to maintain the road along the
stream, then it is their responsibility to work with other county officials to ensure that its use is lawful and
does not result in the destruction of private property. If the county officials are unable to coordinate their
actions to ensure this, then the road should be closed. An alternative would be to put a parking lot at the
highway and let individuals walk-in. They would need to understand that even walking-in from the
highway does not give them the right to trespass, that it should be made clear that firearms and alcohol are
never allowed, and that trash must be carried out. Since some residents may nee access up the stream bed,
the road in question could also be gated with access only to residence who demonstrate a need to pass
through to reach their property.

Motion died for lack of being seconded.

Mr. Bob Schanz commented on the signs and suggested putting up no parking
signs and have the Sheriff’s Department monitor the situation and if warranted, issue
citations.

Commissioner Herschend left the meeting at 10:25 a.m.

Ms. Roxanne Young commented that she supports the community efforts but is
opposed to closing the road. She also noted that she is not having the problems that the
other property owners are having.

Commissioner Herschend re-entered the meeting at 10:28 a.m.
 Ms. Young stated that she makes a continuous effort to make her presence known
to others and that has seemed to cut down on the illegal activities. She commented that
she would hate to see another access on Bull Creek cut off to the public.

Ms. Sue Stewart commented on the happenings at the creek and stated that the
same thing was going on 30 years ago and that not everyone who goes to the creek is
doing something illegal.

Mr. Styron stated that if the Commission is not going to vacate the road; then
there must be an ordinance adopted. He also commented that it is not the job of the
County Commission to mediate for the landowners.

Commissioner Pennel noted that he appreciated all the comments and suggestions
from everyone, but states that it is not a wise decision to vacate the road. Commissioner
Herschend also commented on the public hearing.

Commissioner Herschend made a motion to not go ahead to try to
relocate/improve Blansit Road at this time. Commissioner Pennel stated that he does not
remember discussing relocation or improvements of Blansit Road. Mr. Preston stated
that this year the county has spent $12,600 on Blansit Road. Commissioner Pennel
requested from Mr. Preston that no more monies spent on this road unless directed by the
entire Commission. The motion died for a lack of a second.

Commissioner Strahan publicly apologized to Ms. Orr for how he sounded and
some of the comments he made, but not for the content of the issue on the telephone.

Commissioner Strahan made a motion to recess for 5 minutes. Commissioner
Pennel seconded the motion. The motion passed by vote: Pennel (yes), Herschend (yes),
Strahan (yes).

RECESS
11:03 a.m.

RECONVENE
11:09 a.m.

Commissioner Pennel made a motion to amend the agenda on Commissioner
Herschend’s behalf and move his issue first. Commissioner Herschend seconded the
motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

MS. SHARON ENGELER

Commissioner Herschend asked the Commission to consider taking a piece of
equipment over to Ms. Engeler’s property and blading her private road. He also noted
that Ms. Engeler feels that it was damaged as a result of water flow off of the county
road.
 Commissioner Herschend made a motion to table this issue until the Shop Talk
meeting on Tuesday, July 22nd. Commissioner Pennel seconded the motion. The motion
passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

COMMISSIONER HERSCHEND

Commissioner Herschend publicly wanted to clarify that there was a statement in
the Taney County Times regarding K-dock that was incorrect. He stated that all
homeowners and the boat dock owners have keys.

COMMISSIONER PENNEL
PARKSLEY/K-DOCK

Commissioner Pennel made a motion, that on an emergency basis only during
high water, to maintain the portion of the road beyond the gated emergency road to a
minimum maintenance, where Parksley and Warren Road meet. Commissioner Strahan
commented about petition process and how long it is taking. Commissioner Pennel has
been in contact with Mr. Hansen, K-dock owner. Commissioner Herschend stated that he
was not comfortable with seconding the motion. Motion died for lack of being seconded.

Commissioner Strahan made a motion to table until he could speak with Mr.
Hansen. Commissioner Pennel stated that Ms. Yvonne Tucker, property owner, is
currently working on completing the necessary paperwork. Commissioner Herschend
seconded the motion. The motion passed by vote: Pennel (abstain), Herschend (yes),
Strahan (yes).

Commissioner Herschend left the meeting at 11:30 a.m.

NUISANCE CASES

Commissioner Pennel made a motion to table Nuisance Cases until this afternoon
during the Commission’s Work Session. Commissioner Strahan seconded the motion.
The motion passed by vote: Pennel (yes), Herschend (absent), Strahan (yes).

AMERICAN CHILDREN’S SAFETY NETWORK

Commissioner Pennel stated that in an effort to raise funds to focus on children’s
safety, the American Children’s Safety Network is requesting to place a box in the
license bureau to recycle old license plates.

Commissioner Strahan made a motion to table until this afternoon’s Commission
Work Session. Commissioner Pennel seconded the motion. The motion passed by vote:
Pennel (yes), Herschend (absent), Strahan (yes).

EAGLE SCOUT RECOGNITION LETTER
 Commissioner Pennel made a motion to send a letter of congratulations to 4 men
with the Eagle Scouts. Commissioner Strahan seconded the motion. The motion passed
by vote: Pennel (yes), Herschend (absent), Strahan (yes).

PUBLIC COMMENT

Mr. Art Beck commented on an airplane being off of the runway at the Taney
County Airport. Commissioner Strahan noted that this is currently under investigation by
the FAA.

RECESS
11:42 a.m.

Minutes taken and typed by Nikki Lawrence.

RECONVENE
1:00 p.m.

The County Commission reconvened in the Commission Office at 1:00 p.m. with Chuck
Pennel, Presiding and Danny Strahan, Eastern Commissioner present.

BOB PAULSON
WORK SESSION

Counselor Paulson met with the Commission to go over his work schedule for the
week and to give a brief update of any legal issues. Commissioner Pennel asked
Counselor Paulson to set up a work session with the Commission and Assessor Strahan to
discuss the STC case and to also contact the State Tax Commission regarding the recent
discussion with Jim Kyle and the request to increase by 34%.

SEPTAGON
WEEKLY UPDATE

Mike Smith, Construction Manager for the Judicial Facility gave the Commission
an update on various issues for the week.

FRANK PRESTON & TRESSA LUTTRELL
WORK SESSION

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

1. Lakeshore Drive: Mr. Preston noted that crews have been working at Lakeshore
Drive 24/7. There will be seven trucks delivering the boxes on Tuesday. Mr.
 Preston added that there will be full time traffic control and two construction
cranes on site. Mr. Preston noted that the crew finally caught up with the water
by using some big pumps which were loaned to us by the City of Branson, the
City of Hollister and SJ Louis.

2. Bee Creek: Mr. Preston commented that he had spoken with John Hooker, from
the Sewer District who indicated they needed an additional two weeks before the
paving project could start.

3. FEMA: Mr. Preston informed the Commission that the assessment team would
be here on 7/15/08. Commissioner Strahan asked if K-Dock was going to be on
the list to get help with. Mr. Preston noted that he would try to get an answer.

4. No Parking Ordinance: Mr. Preston noted that he was preparing to have the signs
placed per the “No Parking Ordinance” and wanted to make sure the areas were
correct. Savannah Place, Spring Meadows, Country Club Estates and Meadow
Ridge/Horizon Hills

5. Study of Residential Sales: Assessor Strahan presented the Commission with a
contract for a study of residential sales between Taney County and Gary
Coleman, MAI.

Commissioner Pennel made a motion to approve said contract. Commissioner
Strahan seconded the motion. The motion passed by vote: Pennel (yes), Herschend
(absent), Strahan (yes).

6. Lakeshore Drive: Mr. Preston discussed the box flair ends for the Lakeshore
Drive Bridge noting that there are three options: Bid it out to bid, look at building
it locally or for the concrete crew to build them at a cost of $22,000 to $26,000.
Mr. Preston noted that he would do some further research and speak with Spencer
Jones from Great River Engineering.

RECESS
2:17 p.m.

RECONVENE
2:19 p.m.

7. Transfer Station Recycling: Mr. Preston inquired if the Commission was
interested in conducting a feasibility study on the recycling of metal at the
Transfer Station. Commissioner Pennel noted he had brought up the issue a
couple of times as the Commission has been criticized on the issue.
Commissioner Strahan indicated that it could pay for an employee if the county
was to sell the material.
 8. Dump Truck Repair: Ms. Luttrell informed the Commission that the bid for the
repair of one of the dump trucks had been reviewed by Mr. Boone who
recommended Peterbilt for $10,865.15. Commissioner Strahan made a motion to
approve said bid as recommended. Commissioner Pennel seconded the motion.
The motion passed by vote: Pennel (yes), Herschend (absent), Strahan (yes).

9. Correctional Communication System: Ms. Luttrell presented the bids for the
Correctional Communication System for the new Judicial Facility. This system
allows the jailers to keep in contact with central control without inmates hearing
the conversations. Ms. Luttrell noted that she received two bids; Communications
Associates and Radio Communications Specialists which has been reviewed by
the Sheriff. The Sheriff’s recommendation is to accept Radio Communications
Specialists in the amount of $11,276.19.

Commissioner Strahan made a motion to approve said bid as recommended.
Commissioner Pennel seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (absent), Strahan (yes).

10. Casey Road: Ms. Luttrell noted that in balancing Herion’s invoice, she noticed
that the Construction Costs did not match. In going over the documents Ms.
Luttrell found that Change Order #5 was approved by the Commission in April,
however Herion and Great River did not show this change order on their
documents.

Ms. Luttrell stated she contacted Great River and went over the documents with
Mr. Lundstrom who directed her to cancel Change Order #5 as in the negotiations of the
stabilizing material; Change Order #5 was no longer needed. Ms. Luttrell requested that
the Commission rescind the motion of approval so that the records would reflect the
correct Construction Amount.

Commissioner Strahan made a motion to rescind the motion to approve Change
Order #5. Commissioner Pennel seconded the motion. The motion passed by vote:
Pennel (yes), Herschend (absent), Strahan (yes).

EXECUTIVE SESSION

Commissioner Strahan made a motion to go into executive session pursuant to
RSMo. 610.021(3). Commissioner Pennel seconded the motion. The motion passed by
vote: Pennel (yes), Herschend (absent), Strahan (yes).

Commissioner Strahan made a motion to go out of executive session.
Commissioner Pennel seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (absent), Strahan (yes).

It should be noted that no motions were made and no votes taken.
Minutes taken and typed by Tressa Luttrell.