Commission Minutes

AUGUST 25, 2008 30TH DAY OF
THE JULY ADJOURNED TERM

The County Commission met in the Commission Office 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 Commissioner Pennel followed by the pledge.

Commissioner Herschend stated that he received a telephone call from Mr. Doug
Meadows, informing him of Wade Meadows’ passing away, the funeral will be held in
the later part of the week.

ACCOUNTS ALLOWED

Commissioner Strahan made a motion to approve accounts payable warrants
#305269 – 605424, 305447 – 305548 and manual warrants #4880 – 4881. Commissioner
Pennel seconded the motion. The motion passed by vote: Pennel (yes), Herschend (yes),
Strahan (yes).

PRIOR MINUTES

Commissioner Herschend made a motion to approve prior Commission Minutes
dated 8/11/2008, 8/13/2008 and 8/14/2008. Commissioner Pennel seconded the motion.
The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

SYCAMORE VIEW DEVELOPMENT

Mr. Greg Rodewald with Preservation Resources, L.L.C appeared before the
Commission representing PTTW, Inc., along with representatives, Mr. Tom and Mr. Ed
Thornton, respectfully requesting a resolution of support for Sycamore View
Development.

Mr. Rodewald stated that the development is an all brick 48 unit apartment
complex for workforce housing, which consists of 32/3 bedroom units and 18/2 bedroom
units. He also noted that the complex is located just off of Highway 248 in Branson,
Missouri. Mr. Rodewald commented that part of the financing will come from tax credits
that comes from the Internal Revenue Service and is administered by the Missouri
Housing Commission.

Commissioner Herschend expressed concerns referencing zoning and topography.
A general discussion ensued. Commissioner Herschend made a motion to table the letter
of support for Sycamore View until the County Commission has an opportunity to visit
the location. Commissioner Pennel seconded the motion for discussion. Commissioner
Herschend commented that he would be willing to place it back on the agenda for next
week. Commissioner Strahan noted concerns of safety, turnaround and sewer system.
The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

PURVIS LANE

Commissioner Pennel made a motion to return to maintaining Purvis Lane, which
is located off of Fruit Farm Road. Commissioner Strahan stated that he had not visited
the road and would be uncomfortable seconding the motion. Motion died for lack of
second.

Commissioner Herschend expressed concern of road work being done due to
property owners not holding up their end of the bargain, in the past.

BLUE RIDGE DRIVE

Commissioner Herschend made a motion to table Blue Ridge Drive until the
Commission could take a look at the road. Commissioner Pennel seconded the motion.
Commissioner Strahan noted Blue Ridge Drive is ½ mile from Purvis Lane and that he
was uncomfortable making any decisions prior to seeing the road. A general discussion
ensued. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

HOMESTEAD ESTATES

Commissioner Pennel made a motion to take into the county maintenance system,
the remaining roads that were originally petitioned, which are Montana Road, Big Sky
Court and Wild Prairie Lane. He noted that these roads were table because of the road
standards not being completed.

Commissioner Herschend commented on not following the 4 year guideline
policy. Commissioner Pennel stated that the roads in the sub-division were built
according to county standards and there are several homes on the roads in question.
Motion died for lack being seconded.

Commissioner Strahan re-stated an earlier motion, in the petition process, to take
in to the county maintenance system, which is part of Montana Road where it meets Big
Sky and Big Sky Court contingent upon a turn around at the top of the cul-de-sac.
Commissioner Pennel seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (no), Strahan (yes).

Commissioner Herschend made a motion to deny Wild Prairie Lane. Motion died
for lack of being seconded.

Commissioner Pennel made a motion to table Wild Prairie Lane and the
remainder of Montana Road. Commissioner Strahan seconded the motion. The motion
passed by vote: Pennel (yes), Herschend (no), Strahan (yes).
 COUNTRY VILLAGE DRIVE

Commissioner Pennel stated that the petitioner contacted the Commission Office
last week in reference to the petition. He also noted that the petition was approved
contingent upon getting the needed right-of-way and an easement for the turn-around
and/or a cul-de-sac on the 30th of May, 2006.

Mr. Frank Preston commented that he had spoken with Mr. Randy Haes and that
there was issue with the turnaround. Commissioner Strahan commented that if the
property owners would give an additional 5 feet, he would be favor of going forward.

Commissioner Herschend made a motion to direct Mr. Haes to give proof of
right-of-way and to proceed with the cul-de-sac. Commissioner Pennel seconded the
motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

RESOLUTION FOR THE APPOINTMENT OF A
REPRESENTATIVE TO THE SOUTHWEST MISSOURI SOLID WASTE
MANAGEMENT DISTRICT N EXECUTVE BOARD & COUNCIL

Commissioner Herschend made a motion to approve the resolutions for this year
that would mirror last year, as far as the appointment of a representative of Southwest
Missouri So0lid Waste Management District Council and Executive Board. Motion died
for lack of being seconded.

Commissioner Herschend made a motion to appoint Chuck Pennel, Presiding
Commissioner, to Southwest Missouri Solid Waste Management District Council and to
appoint Dan Nosalek, as the alternate to represent the county when Commissioner Pennel
is unable to attend. Commissioner Strahan seconded the motion. The motion passed by
vote: Pennel (abstain), Herschend (yes), Strahan (yes).

Commissioner Herschend made a motion to appoint Danny Strahan, Eastern
District Commissioner, to represent the county on the Southwest Missouri Solid Waste
Management District Council as written. Commissioner Pennel seconded the motion.
The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (abstain).

Commissioner Herschend made a motion to Chuck Pennel, Presiding
Commissioner, to represent the county on the Southwest Missouri Solid Waste
Management District N Executive Board and to appoint Dan Nosalek, as the alternate to
represent the county when Commissioner Pennel is unable to attend. Commissioner
Strahan seconded the motion. The motion passed by vote: Pennel (abstain), Herschend
(yes), Strahan (yes).

BRADLEYVILLE ROAD SHARING PROJECT

Ms. Luttrell stated that she had previously come before the Commission and
asked for funds up front to pay for the invoice for Taneyville and Bull Creek projects, as
they don’t have the monies to be reimbursed and this is the same situation as Bradleyville
had.

Commissioner Pennel moved to pay the up front monies that are needed for
Bradleyville’s project. Commissioner Herschend seconded the motion. The motion
passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

2009 BUDGET REQUEST

Ms. Luttrell stated that the Commission suggested last week that she speak with
Mr. Rick Findley, County Auditor, to see if he would give us an extension on the budgets
that need prepared, as several offices will be busy with relocating of offices and the
judicial facility deadline.

Commissioner Herschend made a motion to respectfully requested 2 weeks to get
the initial budget paperwork, so that all parties involved can get past the September 2nd
deadline. Commissioner Pennel seconded the motion. The motion passed by vote:
Pennel (yes), Herschend (yes), Strahan (yes).

SCHEDULE OF MOVE

Commissioner Pennel noted that the schedule of move is as follows:

The Sheriff’s Department, Circuit Clerk, Associate Clerk Divisions I & II, Juvenile &
Public Administrator were scheduled to move on September 2nd.

The Prosecuting Attorney and the Recorder’s Office were scheduled to move on
September 3rd.

The County Clerk was scheduled to move on September 4th.

Road & Bridge Department was scheduled to move on either September 5th or September
8th.

Commissioner Strahan noted the limited services that county offices will be able to offer.

SHERIFF RUSSELL

Sheriff Russell questioned whether there was a time limit on county maintained
roads that had been abandoned by the county.

Counselor Paulson commented that in order to have a road abandoned, it must be
vacated and thus go through the proper channels.

COMMISSIONER HERSCHEND
 Commissioner Herschend expressed a public compliment to Mr. Chris Berndt, as
there was a house fire and his performance was questioned by the homeowner, he went
back and revisited the home owner and explained why he made certain decisions.
Commissioner Herschend also noted that the home owner was very satisfied and thankful
for his service.

RECESS
10:07 a.m.

Commissioner Pennel made a motion to go into executive session per Section
610.021.12 RSMo. after a 5 minute recess. Commissioner Herschend seconded the
motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

Minutes taken and typed by Nikki Lawrence.

Commissioner Herschend made a motion to go out of executive session.
Commissioner Strahan 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.

RECESS
11:08 a.m.

RECONVENE
11:18 a.m.

EMERGENCY MEETING
DAM SITE SITUATION

The County Commission conducted an emergency meeting without 24 hour
notice due to the nature of the sewer situation at Dam Site.

John Soutee, Sewer Administrator and Mel Eakins with Great River Engineering
presented the Commission with a plan for the Dam Site location. Commissioner
Herschend commented that if the three heroic individuals did the work that was needed
for the emergency, then why are we here. Mr. Eakins noted that he wasn’t sure what was
done was working.

Mr. Soutee noted that he hadn’t been over there today, but was afraid that it will
fall right back to the current situation. Mr. Eakins added that it would be another $40-
45,000 to put the Hillbilly Motel on the plan. Commissioner Herschend asked why it was
the county’s responsibility.

Commissioner Pennel noted that it would be bumping up the project on the matrix
as it was an emergency. Mr. Eakins commented that it would only be a temporary fix as
it would not meet the City of Branson’s requirements. Commissioner Herschend added
that the County should tell the City of Branson that we are stepping up, why don’t they.
Commissioner Pennel noted that he thought they would step up.

Commissioner Herschend made a motion that under the emergency situation of
raw sewer going into the drinking water of Branson that the county approve up to
$85,000 towards this process contingent upon the City of Branson accepting the
resolution. Commissioner Pennel questioned the bidding procedure. Commissioner
Herschend noted that he would rather not have raw sewer on the ground. That we go out
and select a contractor to perform the work.

Commissioner Pennel repeated the motion….Commissioner Herschend added that
it would include by passing the normal bid process due to the emergency situation. Mr.
Eakins suggested doing the project at costs plus reasonable markup. Commissioner
Strahan asked if the county would be criticized, knowing it is an emergency, but how
long has it been an emergency. Commissioner Strahan added that he would like to have
the Sewer Board member’s agreement. Commissioner Herschend noted that he would
make the motion contingent upon sewer board ratification.

Commissioner Pennel asked about an agreement with the water district. Mr.
Eakins noted that at this point it has not been determined if the system will be the
county’s or the city’s.

Commissioner Pennel asked if the motion would add contingent upon the City of
Branson’s acceptance of the wastewater. Ms. Luttrell clarified the parts of the motion.
Commissioner Strahan seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (yes).

Commissioner Herschend made a motion to direct Mr. Soutee and Great River
Engineering to go to the owner of the motel and talk about the quick fix situation and see
if they would like to participate with $40,000 so they could be done as well and be
included as part of the project. Commissioner Strahan seconded the motion. The motion
passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

Commissioner Herschend made a motion that the Presiding Commissioner go
back to whoever wrote the article regarding this issue and explain county process. The
motion died for a lack of a second.

RECESS
11:53 a.m.

RECONVENE
1:08 p.m.

COUNSELOR PAULSON
WORK SESSION
 Counselor Paulson met with the Commission to go over pending cases and his
current schedule. Commissioner Pennel presented the Commission with a resolution
from the IDA regarding a $550,000 bond for the Hospital. Commissioner Herschend
made a motion to approve said resolution. Commissioner Strahan requested that
Counselor Paulson take a look at the document.

Commissioner Herschend added to his motion that it be contingent upon
Counselor Paulson looking the document prior to Wednesday morning. Commissioner
Pennel seconded the motion. The motion passed by vote: Pennel (yes), Herschend (yes),
Strahan (yes).

JUDICIAL FACILITY
WEEKLY UPDATE

Commissioner Herschend noted that he had spoken with Chief Berndt who stated
that by installing the button for the generator would indeed save the citizens money on
their home insurance. Commissioner Strahan suggested contacting K&R to provide the
installation.

Commissioner Strahan made a motion to approve PR#43 for $5,344.00 which is
for the extra tile needed, as there was a tremendous savings by changing the sealer
previously. Commissioner Pennel seconded the motion. The motion passed by vote:
Pennel (yes), Herschend (yes), Strahan (yes).

Commissioner Strahan made a motion to approve $463.00 for the casework, toe
boards to be finished. Commissioner Herschend seconded the motion. The motion
passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

EXECUTIVE SESSION

Commissioner Herschend made a motion to go into executive session pursuant to
RSMo. 610.021(17). Commissioner Strahan seconded the motion. The motion passed by
vote: Pennel (no), Herschend (yes), 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 (yes), Strahan (yes).

JUDGES CHAIRS

Tressa Luttrell, County Administrator informed the Commission that the Judges
have indicated that the chairs previously picked out will not suit them. Ms. Luttrell
added that they have given her specifications for a lazyboy chair that runs $1,200 each.

The Commission concurred to discuss the issue on Wednesday.
 COUNTY CLERK DESK

Ms. Luttrell presented the Commission with a recommendation from the County
Clerk for the purchase of a new desk. Commissioner Herschend made a motion to
approve the purchase of a new desk for the County Clerk. Commissioner Pennel
seconded the motion. The motion passed by vote: Pennel (yes), Herschend (yes),
Strahan (yes).

UNIFORMS

Frank Preston, Road Superintendent asked the Commission how critical wearing
the uniforms is to the Commission. Mr. Preston previously sent a letter and the crews did
better however it is back to not wearing them now.

Commissioner Herschend made a motion to instruct Mr. Preston to send a letter
insuring the staff that uniforms are to be worn, if not they go home. Commissioner
Strahan asked how strongly Mr. Preston felt. Mr. Preston noted that he was pretty strong,
the county is supplying them.

Commissioner Strahan noted that the county has turned into one of the top three
places to work within the county and they should obey. Commissioner Herschend
commented that they are testing us like kids would. Commissioner Strahan noted that he
would write them up after the first time. Commissioner Pennel agreed. Commissioner
Pennel noted that now that we agree is there any reason for them not to.

Mr. Preston commented that the way it is set up now there is three options to
choose from so there shouldn’t be any reason not to. Commissioner Herschend
commented that for them to not wear what has been given to them, they are not
representing the county. The motion died for a lack of a second, however the
Commission concurred with writing a letter.

ROUND MOUNTAIN ROAD

Mr. Preston reported that individual’s have been camping out as well as stopping
up the culverts with hay bales to make the water deeper. Commissioner Strahan
recommended placing signs at that location.

HOLLY PERRYMAN
RACETRACK ISSUES

Holly Perryman commented that she was present to get information regarding the
Board of Adjustment process and added that Commissioner Herschend had recommended
her coming in for a discussion. Counselor Paulson explained the BOA process and
answered questions regarding conflict of interest and establishment of quorums.
 RECESS
4:52 p.m.

Minutes taken and typed by Tressa Luttrell.