Commission Minutes

SEPTEMBER 2, 2008 35TH DAY OF
THE JULY ADJOURNED TERM

The County Commission met in the Associate Circuit Courtroom II 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 Strahan followed by the pledge.

ACCOUNTS ALLOWED

Commissioner Strahan made a motion to approve accounts payable warrants
#305549-305668 and manual warrant #4882. Commissioner Herschend seconded the
motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

PRIOR MINUTES

There are no prior minutes available for approval at this time.

SUPPORT LETTER FOR SYCAMORE VIEW

Mr. Greg Rodewald appeared before the Commission seeking a letter of support
for Sycamore View Development. He noted that concerns that were brought to his
attention last week, have been addressed and the site plan has been revised.

Commissioner Pennel made a motion to approve a letter of support for Sycamore
View Development. Commissioner Herschend commented on concerns with
construction oversight, as well as water run-off issues. Motion died for lack of being
seconded.

A brief discussion took place with Mike Stahlzer, Project Engineer, and the
Commission. Mr. Stahlzer discussed road access and that it will be held to state
standards.

Commissioner Pennel made a motion to approve a letter of support for Sycamore
View Development. Commissioner Herschend seconded his motion with noted concerns.
Commissioner Strahan commented on road entrance concerns. Mr. Rodewald and Mr.
Stahlzer both stated that the plans for the entrance of the development were completed
and approved by Missouri Department of Transportation. The motion passed by vote:
Pennel (yes), Herschend (yes), Strahan (yes).

Commissioner Pennel left the meeting at 9:20 a.m.

PRESIDING COMMISSIONER
 Clerk Neeley, swore in Commissioner Herschend as temporary Presiding
Commissioner for the duration of Commissioner Pennel’s absence pursuant to RSMo.

FINAL 2007 AUDIT PRESENTATION

Andy Marmouget, with Davis, Lynn & Moots CPA, presented the final 2007
audit to the Commission reviewing highlights of the financial statement and discussed
some recommendations.

ROAD PETITION
MARLIN, CRAPPIE AND PERCH

Commissioner Herschend read road reviews into the record, which are as follows:

Marlin Street > Located in Lakeway Village, Section 8, Township 23W, Range 21W
This road is in poor condition with little or no drainage. It also has three connecting
roads that have residents. The roadway needs to be reconstructed with ditches and
culverts where needed. It is suggested to have the road surveyed to understand where the
right-of-way should be. In order to bring this road up to standards, it would cost
approximately $20,000-$25,000. If taken in, a Class VI is recommended.

Crappie Street > Located in Lakeway Village, Section 8, Township 23N, Range 21W
This road intersects with Marlin and runs through to Catfish Road. There is no culvert at
Catfish and it appears not to be drivable beyond the only residence on the road. There is
also a water tower located on this road. The road is rough where it intersects with Marlin
and then fair at the top of the hill. The rest of the road does not appear to be passable. If
taken into the county system, I would recommend a Class VI and would not recommend
taking it in past the water tower, as there are no residences and it is not passable.

Perch Street > Lakeway Village, Section 8, Township 23N, Range 21W
This road intersects with Marlin and runs through to Catfish Road. This road needs to be
reshaped with ditches and base rock added to the roadway. The brush needs cut from
right of way and big rocks removed from edge of roadway. It is recommended a Class VI
if taken in.

Mr. Frank Preston stated that there would be a significant expense that would go
into these roads to have them brought up to county standards. He also noted concerns
with the water lines not meeting a specific standard.

Commissioner Strahan made a motion to table. Commissioner Herschend noted
several concerns. Motion died for lack of being seconded.

Ginger Findley, property owner at 235 Perch, approached the Commission with
concerns that there is no garbage pick-up or emergency service due to the roads not being
passable.

Commissioner Herschend made a motion to table Crappie Street, which is the
road the water tower is on. Commissioner Strahan seconded the motion. The motion
passed by vote: Pennel (absent), Herschend (yes), Strahan (yes).
 Commissioner Herschend made a motion to deny Perch Street and Marlin Street
as those surfaces are sub-standard in width and are both gravel and in rough condition
and that it would take $20,000 - $25,000 to bring roads up to county standards.
Commissioner Strahan seconded the motion. The motion passed by vote: Pennel
(absent), Herschend (yes), Strahan (yes).

PICKETT RIDGE ROAD PETITION

Commissioner Herschend read road review into the record, which is as follows:

Pickett Ridge Court > Located in Smoke Tree Hills, Section 21, Township 21N, Range 20W
This road is in good condition and drainage is working well. The one entrance culvert
that appears to be blocked is not causing any runoff issues at this time. The
recommendation would be a class IV if taken into the county system.

Mr. Preston stated that he had no objection to the recommendation.

Commissioner Strahan made a motion to take in Pickett Ridge Court to the county
maintenance system as a Class IV. Commissioner Herschend seconded the motion. The
motion passed by vote: Pennel (absent), Herschend (yes), Strahan (yes).

FORSYTH ROAD ~ TRANSPORTATION
DEVELOPMENT DISTRICT

Clerk Neeley informed the Commission that she had received a verified petition
approving a sales tax resolution submitted by the Forsyth Road Transportation
Development District from Lathrop & Gage, L.C.

2008 LEVY
PUBLIC HEARING

Clerk Neeley presented the Commission with a copy of the 2008 Levy for
General County Revenue and Road & Bridge. She noted an increase in the total real
estate property of $65,597,024 and there was also an increase in the total personal
property of $3,858,054 for a total increase of assessed valuation in Taney County of
$69,455,078.

Clerk Neeley commented that the current year tax ceiling rate is at .2391 for
General County and for Road & Bridge Department is .1836.

Commissioner Strahan moved to establish the General County Levy at .2391 and
Road & Bridge Levy at .1836. Commissioner Herschend seconded the motion. The
motion passed by vote: Pennel (absent), Herschend (yes), Strahan (yes).
 Commissioner Strahan made a motion to roll back both the General County &
Road & Bridge levy to “0”. Commissioner Herschend seconded the motion. The motion
passed by vote: Pennel (absent), Herschend (yes), Strahan (yes).

PUBLIC COMMENT

Art Beck commented on concerns of the generator location at the Judicial
Facility.

Bobby Clay noted his disappointments at the Judicial Facility Open House, as he
was unable to get into the building with the amount of citizens/officials that were present.

COMMISSIONER HERSCHEND

Commissioner Herschend stated for the record that there was an article that Taney
County Times printed, which several portions in the article were incorrect. He also noted
that last Thursday the Commission was invited to a meeting regarding the Dam Site Sub
Division, but that there were no motions and/or no votes taken.

RECESS
10:30 a.m.

Minutes taken and typed by Nikki Lawrence.

RECONVENE
11:30 a.m.

WHITE RIVER VALLEY HISTORICAL SOCIETY
2009 BUDGET

Lisa Owen, Director for the White River Valley Historical Society met with the
Commission to present their request for the 2009 budget.

Commissioner Pennel entered the meeting at 11:55 a.m.

Commissioner Herschend made a motion to move forward with this request as a
part of the Commission’s budget submission. The motion died for a lack of a second.
Auditor Findley commented that he saw this as an ongoing expense that doesn’t have to
be.

EXECUTIVE SESSION

Commissioner Herschend 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 (yes), Strahan (yes).
 Commissioner Herschend made a motion to deny the request of Charles Edwards
for additional vacation time. The motion died for a lack of a second.

Commissioner Pennel made a motion to pay Mr. Edwards his 29 hours of
vacation that has been accrued. Commissioner Strahan seconded the motion. The
motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

Minutes taken and typed by Tressa Luttrell.

TANEY COUNTY REGIONAL SEWER DISTRICT

Commissioner Pennel and Commissioner Strahan attended the Taney County
Regional Sewer District Meeting to hear updates on Bee Creek and Ozark Beach projects
as well as the discussion of a utility truck purchase and the Amended Sewer Services and
Exclusion Territorial Agreement.

Minutes typed by Nikki Lawrence

TANEYCOMO COST SHARING APPLICATION

Commissioner Pennel and Commissioner Strahan attended a cost sharing meeting
regarding the Taneycomo Bridge. Let it be noted that Commissioner Herschend was in
attendance via telephone.

Commissioner Pennel commented on the total liability the county has for the cost
share application, in addition to the language in the application concerning overrun of
funds, as 40% would be the responsibility of the county.

Mr. Dean Kruithof, City Administrator with the City of Branson, explained each
entities responsibility for the overrun and that if the bid comes in over the application
amount, it could e renegotiated or sent for bid again.

Mr. Rick Zigenfuss, City Administrator with the City of Hollister, noted that there
was a good possibility the project would come in under the engineers estimate and
reminded everyone that is only the application, not the contract. Mr. David Miller, City
Engineer with the City of Branson, stated that MoDOT requested the application by 4:30
p.m. today.

Commissioner Herschend made a motion to approve the cost share of any cost
overruns being shared proportionally among the local partners with Taney County paying
40% of the total cost overrun, City of Branson 8% and City of Hollister 2%.
Commissioner Pennel seconded the motion. Commissioner Strahan commented that he
was not against the application process but he had spent a lot of time trying to acquire
federal funding for the bridge project. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (no).
Commissioner Herschend was disconnected from the meeting, due to his mobile phone
dropping the call.

RECESS
3:29 p.m.

Minutes taken by Susie Braden and typed by Nikki Lawrence.