Commission Meeting Minutes (Official)

AUGUST 11, 2008 21st DAY OF
THE JULY ADJOURNED TERM

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

Prayer was led by Ms. Donna Clevenger followed by the pledge.

ACCOUNTS ALLOWED

Commissioner Strahan made a motion to approve accounts payable warrants #305057-
305175 and manual warrant #4875. Commissioner Pennel seconded the motion. The motion
passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

PRIOR MINUTES

Commissioner Strahan made a motion to approve prior Commission Minutes dated
7/29/08, 7/30/2008, 8/1/2008, 8/4/2008, 8/5/2008 and 8/6/2008 with corrections. Commissioner
Pennel seconded the motion. The motion passed by vote: Pennel (yes), Herschend (yes),
Strahan (yes).

RIGHT OF WAY EASEMENT
FOR SANITARY SEWER COLLECTION FACILITIES

Commissioner Pennel introduced an easement for signature for the Y Highway Sewer
Project where the sewer lines will come up and across county property.

Commissioner Herschend moved to approve said easement. Commissioner Pennel
seconded the motion. Commissioner Herschend noted a concern with the easement in that he
questioned who compiled and produced the legal description.

Commissioner Herschend amended his motion to add approval contingent upon
verification of the legal description by Great River Engineering or a qualified surveyor.
Commissioner Pennel amended his second. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (yes).

TAX ABATEMENT FOR
FLOOD VICTIMS

Commissioner Pennel stated that a flood victim/property owner, who resides on Foggy
River Road, presented a request to the BOE to abate their taxes, was turned down.

Commissioner Herschend made a motion to officially request that the Assessor, James
Strahan, abate 2008 taxes for the flood victims. Commissioner Strahan stated that he remembers
already taking action on this issue at a prior BOE meeting and requested that the Commission
take a look at the minutes from that meeting before making any decisions. Commissioner Pennel
asked for clarification on the motion. Commissioner Herschend restated his motion.
Commissioner Pennel seconded the motion.

Mr. James Strahan, County Assessor, commented that he is in favor of doing something
of this particular nature, but currently there is no law in place to allow for abatement in this
situation. He had also spoken with the Legislature regarding this specific issue.

A general discussion ensued. The motion passed by vote: Pennel (yes), Herschend (yes),
Strahan (no).

Commissioner Pennel requested for Counselor Paulson to telephone the State Tax
Commission to ensure there is no statute for this situation. Commissioner Herschend added that
he would also like for Counselor Paulson to call the Assessor’s Association.

AFFORDABLE HOUSING PROJECTS

Commissioner Pennel stated that HCW Consultants contacted him in regards to a support
letter for an Affordable Housing project, which will be located on Bird Road in Branson. He
also stated that he had received other requests from other entities requesting letters of support.

A general discussion ensued. Commissioner Strahan commented that he had concerns
about supporting organizations/individuals that may sway their initial information.
Commissioner Herschend requested that those requesting letters, need to present their project to
the Commission prior to the Commission endorsing any project. The Commission concurred.

BUDGET REPORT

Mr. Rick Findley, County Auditor, presented current Fund Balances to the Commission.

FUNDBALANCE TANEY COUNTY
07/31/08 BUDGET
FUND BALANCES

PERIOD TO YEAR TO
DATE DATE
ACTUAL ACTUAL

GENERAL COUNTY REVENUE
BEGINNING BALANCE $0.00 $18,628,344.77
REVENUES 1,637,695.24 9,125,931.94
- -
TOTAL REVENUES GCR 1,637,695.24 27,754,276.71
- -
TOTAL GCR EXPENDITURES 1,811,596.26 13,004,698.88
= =
TOTAL GCR FUND BALANCE (173,901.02) 14,749,577.83
ROAD & BRIDGE
BEGINNING BALANCE 0.00 7,004,998.91
REVENUES 116,987.12 883,538.70
- -
TOTAL RB REVENUES 116,987.12 7,888,537.61
- -
EXPENDITURES 599,802.14 3,130,240.01
= =
TOTAL RB FUND BALANCE (482,815.02) 4,758,297.60

ROAD & BRIDGE TRUST
BEGINNING BALANCE 0.00 3,693,493.95
REVENUES 623,829.19 3,968,053.92
- -
TOTAL RBT REVENUES 623,829.19 7,661,547.87
- -
EXPENDITURES 123,865.92 4,494,311.03
= =
TOTAL RBT FUND BALANCE 499,963.27 3,167,236.84

ASSESSMENT FUND
BEGINNING BALANCE 0.00 3,099.75
REVENUES 12,983.29 373,986.27
- -
TOTAL AF REVENUES 12,983.29 377,086.02
- -
EXPENDITURES 51,955.94 374,757.97
= =
TOTAL ASSEMENT FUND BALANCE (38,972.65) 2,328.05

ELECTION FUND
BEGINNING BALANCE 0.00 31,698.41
REVENUES 2,355.08 12,231.78
- -
TOTAL ELECTION REVENUES 2,355.08 43,930.19
- -
EXPENDITURES (229.80) 11,366.59
= =
TOTAL ELECTION FUND BALANCE 2,584.88 32,563.60

TRANSFER STATION FUND
BEGINNING BALANCE 0.00 747,493.99
REVENUES 108,519.62 663,647.92
- -
TOTAL TS REVENUES 108,519.62 1,411,141.91
- -
EXPENDITURES 106,753.42 649,979.69
= =
TOTAL TS FUND BALANCE 1,766.20 761,162.22

FUNDBALANCE TANEY COUNTY
07/31/08 BUDGET
FUND BALANCES

PERIOD TO YEAR TO
DATE DATE
ACTUAL ACTUAL

LEPC FUND
BEGINNING BALANCE $0.00 $11,839.45
REVENUES 38.95 1,918.97
- -
TOTAL LEPC REVENUES 38.95 13,758.42
- -
EXPENDITURES 207.40 4,553.58
= =
TOTAL LEPC FUND BALANCE (168.45) 9,204.84

LAW ENFORCEMENT TRAINING FUND
BEGINNING BALANCE 0.00 3,608.14
REVENUES 348.98 2,881.69
- -
TOTAL LET REVENUES 348.98 6,489.83
- -
EXPENDITURES 1,270.00 4,769.96
= =
TOTAL LET FUND BALANCE (921.02) 1,719.87

PROSECUTING ATTORNEY TRAINING FUND
BEGINNING BALANCE 0.00 6,364.77
REVENUES 110.86 886.44
- -
TOTAL PAT REVENUES 110.86 7,251.21
- -
EXPENDITURES 0.00 777.78
= =
TOTAL PAT FUND BALANCE 110.86 6,473.43

COUNTY INSURED FUND
BEGINNING BALANCE 0.00 96,313.14
REVENUES 485.20 2,817.08
- -
TOTAL COUNTY INSURED REVENUES 485.20 99,130.22
- -
EXPENDITURES 7,036.20 40,205.13
= =
TOTAL COUNTY INSURED FUND BALANCE (6,551.00) 58,925.09

911 FUND
BEGINNING BALANCE 0.00 1,099,556.88
REVENUES 46,681.11 325,104.11
- -
TOTAL 911 REVENUES 46,681.11 1,424,660.99
- -
EXPENDITURES 16,200.45 157,113.00
= =
TOTAL 911 FUND BALANCE 30,480.66 1,267,547.99

USE TAX

FUNDBALANCE TANEY COUNTY
07/31/08 BUDGET
FUND BALANCES

PERIOD TO YEAR TO
DATE DATE
ACTUAL ACTUAL

SEWER FUND
BEGINNING BALANCE $0.00 $23,082,218.45
REVENUES 1,164,623.97 8,444,422.66
- -
TOTAL SEWER REVENUES 1,164,623.97 31,526,641.11
- -
EXPENDITURES 909,152.40 5,088,767.44
= =
TOTAL SEWER FUND BALANCE 255,471.57 26,437,873.67

SEWER DESIGNATED FUND
EXPENDITURES

= =
TOTAL ALL SEWER FUNDS 255,471.57 26,437,873.67
= =

SHERIFF CIVIL FUND
BEGINNING BALANCE 0.00 97,171.17
REVENUES 568.75 60,056.54
- -
TOTAL SHERIFF CIVIL REVENUES 568.75 157,227.71
- -
EXPENDITURES (6,505.44) 13,297.87
= =
TOTAL SHERIFF CIVIL FUND BALANCE 7,074.19 143,929.84

TAX MAINTENANCE FUND
BEGINNING BALANCE 0.00 111,445.25
REVENUES 6,912.04 76,977.42
- -
TOTAL MAINTENANCE FUND REVENUES 6,912.04 188,422.67
- -
EXPENDITURES 1,350.75 77,287.14
= =
TOTAL MAINTENANCE FUND BALANCE 5,561.29 111,135.53

He noted that the county has decreased by 4 million in General County Revenue, which is
due to the construction of the Judicial Facility and the Road & Bridge funds had also decreased
due to the Casey Road project.

Commissioner Herschend requested that Mr. Findley produce last years numbers so he
would have something to compare it to.

CONTRACTS

Counselor Paulson stated there were no contracts to review at this time.

HELEN SOUTEE

Ms. Helen Soutee informed the Commission that the county has increased its sales tax
amount by 10.738%, as compared to last year and for the year; the county sits at an increased
amount of 1.420%.

RECESS
9:54 a.m.
Minutes taken and typed by Nikki Lawrence.

RECONVENE
10:00 a.m.

EXECUTIVE SESSION
 Commissioner Herschend made a motion to go into executive session pursuant to RSMo.
610.021(1). Commissioner Pennel seconded the motion. The motion passed by vote: Pennel
(yes), Herschend (yes), Strahan (yes).

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

It should be noted that no motions were made and no votes were taken.

Minutes taken by Tressa Luttrell and typed by Nikki Lawrence.

RECONVENE
1:00 p.m.

BOB PAULSON
WORK SESSION

Counselor Paulson met with the Commission to update his work schedule and any legal
issues pending.

TIM BARTH
PLANNING EXEMPTION

Commissioner Herschend noted that he had invited Mr. Barth to discuss his issue of
getting a permit from Planning & Zoning for a new building on his location for a Sara Lee
distribution building. Commissioner Pennel stated that he had spoken with Mr. Coxie, Planning
Administrator and Mr. Barth will only need to fill out a Division II and can get an emergency
exemption from the Commission.

Commissioner Herschend made a motion to give Mr. Barth an emergency exemption that
allows him to construct the building while the paperwork is being completed through Planning &
Zoning. Commissioner Pennel seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (yes).

SEPTAGON CONSTRUCTION
WEEKLY UPDATE

Mike Smith, Construction Manager updated the Commission on the progress of the
building and noted that he needed direction regarding the phones for the elevators. Mr. Smith
indicated that he needed to know if the Commission wanted to put in one line for both elevators
or to put in separate lines.

Commissioner Pennel commented that he would be fine with one phone line for now.
Commissioner Herschend stated that he hated to spend money on a feature that we aren’t even
going to use. Commissioner Strahan added that should there be an emergency in one and the
other elevator picked up not knowing there was an emergency, would someone know to call back
or check.

Commissioner Pennel made a motion to have one phone line and see how it works.
Motion died for a lack of a second. Commissioner Herschend made a motion to install a single
phone line for communications but also install the amount of lines needed for the services.
Commissioner Strahan seconded the motion. The motion passed by vote: Pennel (no),
Herschend (yes), Strahan (yes).

Mr. Smith informed the Commission that the water valve box was damaged and at this
point there is no way to determine who was responsible. So Walton has stated that they would
provide the labor to replace the box if the County would purchase a new box. Commissioner
Herschend made a motion to approve the request. Commissioner Strahan seconded the motion.
The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

Commissioner Pennel made a motion to purchase the benches for the Circuit Courtroom
as requested by the Circuit Clerk and the Circuit Judge. The motion died for a lack of a second.
Commissioner Herschend made a motion to table the issue until the Commission can go look at
the space again. Commissioner Strahan seconded the motion. The motion passed by vote:
Pennel (no), Herschend (yes), Strahan (yes).

PERSONNEL POLICY

The Commission requested that they have one more week to review and asked that it be
placed on the August 18th agenda.

WEEKLY UPDATE CONT.

Commissioner Herschend commented that he had given some direction to John Lavender,
Supervisor and Renee Brusca of the Maintenance Department to get a landscaping plan together.
Ms. Brusca informed the Commission that they were going to need 36 trees, 12 benches and
some planters with shrubs and plants.

Commissioner Strahan suggested checking with the Cross Creek Development who had
several trees that hadn’t been placed yet. Commissioner Herschend suggested that he would like
to see a total plan of the area.

Tressa Luttrell, County Administrator commented that with this project there is going to
be a lot of overtime and requested that those individuals working on the move be paid their
overtime rather than placing it in their accumulative totals. Ms. Luttrell further noted that in one
department for instance, they can not afford to be giving an additional amount of time off for the
remainder of the year and that by paying the overtime; it would help them out in scheduling.

The County Commission concurred that the employees should be paid for the time on this
project and that each department should keep track of the hours so that it can be charged against
the project. Mr. Lavender noted that he would need approximately 16 individuals to help with
the move. Commissioner Herschend added that he had suggested going to an outside firm to
help with the IS Department’s task of getting all the computers/internet etc up and going in a
timely manner.

Mr. Lavender informed the Commission that he had received a quote on 25lb of seed for
crown vetch for the slope but also had heard some discussion about the rock wall being extended
as well. Mr. Lavender noted that the cost for the crown vetch was $360.00. A general
discussion ensued but no decision made.

Commissioner Pennel asked if they could go backwards a bit, as there had been a
question regarding the Road & Bridge Office. Commissioner Pennel asked if Commissioner
Herschend felt like they needed the space. Commissioner Herschend responded do they need
4,000 square feet, no, but they do need space. Commissioner Strahan noted that he thought
4,000 was too much but added that he didn’t think it was a hurry up plan to resolve.

FRANK PRESTON & TRESSA LUTTRELL
WORK SESSION

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

1. Casey Road: Ms. Luttrell presented change order #5 from Herion Construction in the
amount of $91,026.00 which covers Slope Stabilization, Subgrade Stabilization and some
reductions in bid items #26 and #8. Mr. Preston indicated that according to Great River
Engineering this change order is through the end of the road.

Commissioner Strahan made a motion to approve said change order. Commissioner Pennel
seconded the motion. The motion passed by vote: Pennel (yes), Herschend (no), Strahan (yes).

2. Bid Award for Pots/Pans: Ms. Luttrell presented the Commission with the bids for the
pots and pans to be placed in the new Judicial Facility. Ms. Luttrell added that there was
only one bid as the second bidder was an hour and a half late.

Commissioner Strahan made a motion to approve the bid as recommended to Food Service
Equipment Brokers in the amount of $9,265.57. Commissioner Pennel seconded the motion.
The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

3. Journal Entries: Ms. Luttrell presented journal entries that had been given to the
Commission previously. Commissioner Pennel made a motion to approve the following
journal entries: Sewer – Coon Creek $16.45; Bradleyville Pavilion $5,763.95; Judicial
Facility – Shorty Cooper Street $4,050.48; Transfer Station $1,756.91. Commissioner
Herschend seconded the motion. The motion passed by vote: Pennel (yes), Herschend
(yes), Strahan (yes).
 4. Workers’ Comp Agreement: Commissioner Pennel made a motion to approve the
workers’ compensation discount agreement with St Johns Facilities. Commissioner
Herschend seconded the motion. The motion passed by vote: Pennel (yes), Herschend
(yes), Strahan (yes).

5. FEMA Update: Mr. Preston gave the Commission an update on the FEMA work
currently being done.

6. Casey Road: Mr. Preston noted that Ron Wyatt had requested an additional 75-100 feet
of the rock wall so that it esthetically would look right. This is at a cost of $400.00.
Commissioner Strahan made a motion to approve the request. Commissioner Pennel
seconded the motion. The motion passed by vote: Pennel (yes), Herschend (abstain),
Strahan (yes).

7. Mohawk Lane: Mr. Preston informed the Commission that he had been approached
regarding the county taking in Mohawk Lane. Mr. Preston commented that it had not
been petitioned for county maintenance but have since discovered that the land owners
are not permanent residents. Commissioner Strahan made a motion to deny.
Commissioner Herschend seconded the motion. Ms. Luttrell noted that there had not
been a petition to vote on as yet. Commissioner Strahan withdrew his motion.

8. Bee Creek: Mr. Preston informed the Commission that he would be attending a “walk &
talk” with Great River Engineering to look at the creek and discuss what should be taken
care of , if there is anything the county should be responsible for etc.

Commissioner Herschend asked why the county would be down in the creek. Commissioner
Pennel noted that he had previously asked Commissioner Herschend if it was alright to get Great
River to look at the issue and you were alright with it. Commissioner Herschend asked why it is
the county’s responsibility to fix the creek. Mr. Preston indicated that he would like to get the
information for future information in other areas.

9. “Y” Highway Sewer Project: Mr. Preston asked about the sewer project on “Y” Highway
and inquired about the responsibility of the road repair. Commissioner Pennel indicated
that at the sewer board meeting, the project would be bid out with an overlay. However,
prior to the overlay, the county can get in there and build the roads up or improve the
roads at county costs. Commissioner Strahan asked what Mr. Rider’s job was as he
should be down there laying in those streets.

10. Forsyth Ballfields: Mr. Preston stated that Mayor Oliphant has requested when the
county would get in and work on those fields. Mr. Preston noted that he informed Mr.
Oliphant that the county was already behind on scheduled work.

Commissioner Herschend made a motion that anytime the county is on their fields that the
county bill the time against the approved $50,000. Commissioner Strahan noted that there is no
way to get them any equipment as the county hasn’t even got to our scheduled work under our
current situation. Commissioner Pennel noted that he thought it was clear. Commissioner
Herschend noted that it isn’t clear or Mr. Oliphant wouldn’t have contacted Mr. Preston.
Commissioner Herschend added that he thought that is why the county gave them the $50,000.
Commissioner Pennel noted that from day one it has been said it would be contingent upon our
Road & Bridge being able to get to it. Commissioner Strahan stated that his understanding was
that the $50,000 would take care of it.

Mr. Preston noted that should we have time in November, is that being taken out of the $50,000.
Commissioner Strahan noted that that would be determined at that time. Ms. Luttrell stated that
Commissioner Pennel was very clear in his motion that the $50,000 was cash and had nothing to
do with the road & bridge work. Commissioner Herschend requested that something be sent in
writing. Commissioner Herschend noted that he would vote no on anything that would take Mr.
Preston off of working on county roads.

Commissioner Herschend made a motion that Mr. Preston sends Mayor Oliphant a letter noting
that it would be November before the county could even consider working on this project.
Commissioner Strahan seconded the motion. The motion passed by vote: Pennel (no),
Herschend (yes), Strahan (yes).

RECESS
4:29 p.m.

Minutes taken and typed by Tressa Luttrell.