Commission Minutes

OCTOBER 6, 2008 1st DAY OF
THE REGULAR OCTOBER ADJOURNED TERM

The County Commission met in the County Commission Hearing Room 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 Auditor Findley followed by the pledge.

ACCOUNTS ALLOWED

Commissioner Strahan made a motion to approve accounts payable warrants
#306079-306164 and manual warrants #4899-4900. 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 9/11/2008, 9/22/2008, 9/30/2008 and 10/1/2008. Commissioner Strahan seconded
the motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

PURVIS LANE

Commissioner Herschend made a motion to deny taking in Purvis Lane to the
county maintenance system at this time. Commissioner Strahan directed Frank Preston,
Road & Bridge Administrator, to read his summary of Purvis Lane into the record before
a decision is rendered.

Mr. Preston read the following:

Summary of Purvis Lane

1. Original petition with signatures dated 10-17-01.
2. Letter of denial. No records of Purvis Lane ever being taken in to the county road system.
11-7-01.
3. Road petition review dated 5-12-03.
4. Letter of denial of petition until right-of-way is granted dated 5-03.
5. Interviewed 2 long term employees that stated they were told to fix the road on a one time
only basis.
a. Sam Yarnell
b. David Stottle
6. Quit Claim Deed (road easement) 5-22-91. Mary Purvis
7. Quit Claim Deed (road easement) 5-3-01. Robert Didier
8. Taney County Commission record from 1998 on Purvis Lane – Commissioner Meadows
made a motion to take Purvis Lane into the County Road System for grader maintenance for a
period of 1 year and added that the road should be declared a disaster. Commissioner Gann
seconded the motion. The motion passed by vote: Gann (yes), Meadows (yes), Keys (yes).
 Commissioner Strahan seconded the motion as there was no evidence that it had
been a county maintained road in the past. Commissioner Pennel expressed his
opposition as it was no different than Peppertree, which was accepted into the county
maintenance system as a Class VI. The motion passed by vote: Pennel (no), Herschend
(yes), Strahan (yes).

RICK FINDLEY

Mr. Rick Findley, County Auditor, submitted the monthly budget report via email
and it read as follows:

TANEY
FUNDBALANCE COUNTY
09/30/08 BUDGET
FUND
BALANCES

PERIOD TO YEAR TO
DATE DATE
ACTUAL ACTUAL

GENERAL COUNTY REVENUE
BEGINNING BALANCE $0.00 $18,628,344.77
REVENUES 2,015,372.18 11,984,282.89
- -
TOTAL REVENUES GCR 2,015,372.18 30,612,627.66
- -
TOTAL GCR EXPENDITURES 1,775,598.01 16,289,137.11
= =
TOTAL GCR FUND BALANCE 239,774.17 14,323,490.55

ROAD & BRIDGE
BEGINNING BALANCE 0.00 7,004,998.91
REVENUES 99,695.22 1,092,864.06
- -
TOTAL RB REVENUES 99,695.22 8,097,862.97
- -
EXPENDITURES 971,663.55 4,583,043.64
= =
TOTAL RB FUND BALANCE (871,968.33) 3,514,819.33

ROAD & BRIDGE TRUST
BEGINNING BALANCE 0.00 3,693,493.95
REVENUES 1,112,127.06 5,541,423.01
- -
TOTAL RBT REVENUES 1,112,127.06 9,234,916.96
- -
EXPENDITURES 1,248,324.96 6,558,879.40
= =
TOTAL RBT FUND BALANCE (136,197.90) 2,676,037.56

ASSESSMENT FUND
BEGINNING BALANCE 0.00 3,099.75
REVENUES 42,730.20 462,189.50
- -
TOTAL AF REVENUES 42,730.20 465,289.25
- -
EXPENDITURES 44,378.03 464,943.83
= =
TOTAL ASSEMENT FUND BALANCE (1,647.83) 345.42

ELECTION FUND
BEGINNING BALANCE 0.00 31,698.41
REVENUES 85.05 12,451.35
- -
TOTAL ELECTION REVENUES 85.05 44,149.76
- -
EXPENDITURES 1,125.97 12,546.43
= =
TOTAL ELECTION FUND BALANCE (1,040.92) 31,603.33

TRANSFER STATION FUND
BEGINNING BALANCE 0.00 747,493.99
REVENUES 95,973.85 855,148.35
- -
TOTAL TS REVENUES 95,973.85 1,602,642.34
- -
EXPENDITURES 94,185.02 852,840.45
= =
TOTAL TS FUND BALANCE 1,788.83 749,801.89

TANEY
FUNDBALANCE COUNTY
09/30/08 BUDGET
FUND
BALANCES

PERIOD TO YEAR TO
DATE DATE
ACTUAL ACTUAL

LEPC FUND
BEGINNING BALANCE $0.00 $11,839.45
REVENUES 9.58 1,961.07
 - -
TOTAL LEPC REVENUES 9.58 13,800.52
- -
EXPENDITURES 177.73 4,731.31
= =
TOTAL LEPC FUND BALANCE (168.15) 9,069.21

LAW ENFORCEMENT TRAINING FUND
BEGINNING BALANCE 0.00 3,608.14
REVENUES 427.35 3,767.11
- -
TOTAL LET REVENUES 427.35 7,375.25
- -
EXPENDITURES 0.00 5,159.93
= =
TOTAL LET FUND BALANCE 427.35 2,215.32

PROSECUTING ATTORNEY TRAINING FUND
BEGINNING BALANCE 0.00 6,364.77
REVENUES 113.58 1,137.76
- -
TOTAL PAT REVENUES 113.58 7,502.53
- -
EXPENDITURES 412.83 1,267.51
= =
TOTAL PAT FUND BALANCE (299.25) 6,235.02

COUNTY INSURED FUND
BEGINNING BALANCE 0.00 96,313.14
REVENUES 137.54 3,162.85
- -
TOTAL COUNTY INSURED REVENUES 137.54 99,475.99
- -
EXPENDITURES 13,885.71 57,341.75
= =
TOTAL COUNTY INSURED FUND BALANCE (13,748.17) 42,134.24

911 FUND
BEGINNING BALANCE 0.00 1,099,556.88
REVENUES 43,183.29 415,612.44
- -
TOTAL 911 REVENUES 43,183.29 1,515,169.32
- -
EXPENDITURES 479,212.79 644,671.64
= =
TOTAL 911 FUND BALANCE (436,029.50) 870,497.68
USE TAX

TANEY
FUNDBALANCE COUNTY
09/30/08 BUDGET
FUND
BALANCES

PERIOD TO YEAR TO
DATE DATE
ACTUAL ACTUAL

SEWER FUND
BEGINNING BALANCE $0.00 $23,082,218.45
REVENUES 1,533,480.29 10,518,958.01
- -
TOTAL SEWER REVENUES 1,533,480.29 33,601,176.46
- -
EXPENDITURES 1,031,968.60 6,453,868.64
= =
TOTAL SEWER FUND BALANCE 501,511.69 27,147,307.82

SEWER DESIGNATED FUND
EXPENDITURES

= =
TOTAL ALL SEWER FUNDS 501,511.69 27,147,307.82
= =

SHERIFF CIVIL FUND
BEGINNING BALANCE 0.00 97,171.17
REVENUES 144.24 60,709.39
- -
TOTAL SHERIFF CIVIL REVENUES 144.24 157,880.56
- -
EXPENDITURES 2,924.75 21,565.54
= =
TOTAL SHERIFF CIVIL FUND BALANCE (2,780.51) 136,315.02

TAX MAINTENANCE FUND
BEGINNING BALANCE 0.00 111,445.25
REVENUES 6,958.31 91,914.84
- -
TOTAL MAINTENANCE FUND REVENUES 6,958.31 203,360.09
- -
EXPENDITURES 857.47 89,895.59
 = =
TOTAL MAINTENANCE FUND BALANCE 6,100.84 113,464.50

COMMISSIONER HERSCHEND

Commissioner Herschend questioned whether the Industrial Development
Authority’s office would continue to stay in the old Sheriff’s Office or switch offices
with the Veteran’s Administration. He also had concerns that if there was a relocation of
the Veteran’s Administration it would be extremely difficult for people to climb stairs.

Ms. Luttrell stated there would be discussion of this nature at this afternoon’s
work session.

Commissioner Herschend also commented on installing double doors at the annex
to remove old furniture, as it will not fit through the existing door, due to a conversation
that he had with Mr. John Lavender, Maintenance Supervisor. Commissioner Pennel
suggested the process change as far as if a department head has a question or an issue,
he/she needs to speak to the entire Commission. He also requested the presence of Mr.
Lavender at the afternoon work session.

COMMISSIONER PENNEL

Commissioner Pennel announced there will be a bulletin board designated for the
county to inform the public of agendas, notices and postings located inside Country Mart.
Commissioner Herschend suggested half of the board used for official county business
and the other half for public notices. A general discussion ensued.

PUBLIC COMMENT

Art Beck commented on voting and registering on the same day, as well as noting
the work that had been accomplished on Casey Road.

RECESS
9:32 a.m.

Minutes were taken and typed by Nikki Lawrence.

RECONVENE
10:38 a.m.

CASEY ROAD
DEGRAFFENREID PROPERTY

Jerry Degraffenreid met with the Commission to discuss the previous proposal for
damages sustained to his property during the construction of Casey Road.
 Commissioner Strahan made a motion to award the amount of money to replace
the woven wire fence with labor and material being $2,116.95. Commissioner Herschend
noted that he would like to see the Commission do something more than what was there
as the County stored material, damaged their property and they have been very patient.
Commissioner Pennel asked what the County had done to previous areas where they had
taken down a fence. Mr. Preston stated that he didn’t know all the details.
Commissioner Pennel suggested looking at the trees first noting that he thought the
Commission had already agreed on replacing the trees. Commissioner Strahan
commented that he had checked the minutes and no action was ever taken.

Mr. Degraffenreid commented that his goal was not to spend as much money as
he could but added that these trees were a harder tree as they were subject to the wind and
ice. Commissioner Pennel made a motion to compensate Mr. Degraffenreid $12,000 for
the trees and the fencing with the county not performing the work. Mr. Degraffenreid
questioned why they had to come up with the additional fencing as the trees are now
gone, it’s not the type of fencing that would have been there if the trees were there. With
the trees gone it leaves you with either putting up a wooden or vinyl fence, there was a lot
of value in those trees.

Commissioner Herschend made a motion to pay $9,080.00 for the trees, $500.00
for the watering system and $4,750.00 for the labor. Commissioner Strahan commented
that he was trying to picture what exactly we have here. There was trees taken out that
were both inside and outside of the right-of-way. Commissioner Strahan added that by
looking at the pictures that the electric company took, to a certain level those trees were
the county’s to take out. Commissioner Herschend commented that he thought they
should clearly go back to the construction company and if they took out those trees the
county should be reimbursed. Commissioner Herschend noted that there is a clear
difference in a 4” tree versus a full grown tree and the county did change the value of the
property.

Commissioner Pennel made a motion to compensate Mr. Degraffenreid
$20,000.00 for the damage done to his property for fencing and trees and that Mr.
Degraffenreid sign a release that he is satisfied. Commissioner Herschend seconded the
motion.

Commissioner Strahan noted that he would like for Mr. Degraffenreid to agree to
support the county’s efforts to get reimbursed. Mr. Degraffenreid stated absolutely. Mr.
Preston commented that another factor is that neither the Degraffenreids nor the County
authorized for those additional trees to be removed. The motion passed by vote: Pennel
(yes), Herschend (yes), Strahan (yes).

Commissioner Herschend noted that the Commission would ask Counselor
Paulson to write up a release.

RECESS
 RECONVENE
1:05 p.m.

BOB PAULSON
WORK SESSION

Counselor Paulson met with the Commission to discuss various legal issues as
well as reviewing his schedule.

Commissioner Pennel made a motion to ask Counsel to pursue the nuisance at
150 Quincy Road. Motion withdrawn.

1. Salary Commission Opinion: Counselor Paulson gave the following opinion:
TO: Taney County Commission
Taney County Clerk

FROM: Taney County Counselor
Robert R. Paulson II

RE: Calculating County Commissioner Salaries

DATE: October 6, 2008

Commissioner Salaries

According to Section 50.343 of the Revised Statutes of Missouri, Presiding Commissioners have the same salary schedule as the recorder of

deeds, the clerk, the auditor, the collector and the treasurer. Section 50.343.1(2) RSMo states that presiding commissioners shall receive a salary of two

thousand dollars more than the salary received by associate commissioners.

There is no statute section specifically setting forth the salary for an associate commissioner. An associate commissioner’s salary must be

derived from the salary schedule for presiding commissioners.

Does a presiding commissioner not get 100% of the salary schedule amount on his year of incumbency when voted by the Salary

Commission if that would put the presiding commissioner’s salary at more than $2,000.00 above the salary then being received by the two associate

commissioners?

Does an associate commissioner not get $2,000.00 less than 100% of the salary schedule amount for a Presiding Commissioner on the

associate’s year of incumbency when voted by the Salary Commission, if that amount would place the associate’s salary within $2,000.00 of the amount

currently being received by the Presiding Commissioner? Remember that a Presiding cannot take a mid-term raise per Missouri Constitution, Article VII,

Section 13.

Following this line of reasoning, the Presiding would never get a raise that would put his salary at $4,000.00 more than an associate

commissioner. Further, an associate commissioner would never get a raise that would cause him to receive the same salary the Presiding was currently

receiving. Therefore, in counties where the Presiding Commissioners are elected two years after the two Associate Commissioners are elected, neither

the Presiding nor the Associate Commissioners would ever get an increase in salary per the salary schedule, even if the Salary Commission voted for it.

As the assessed valuation increased, the Commissioner’s salaries would not stay on a level with the salaries for the other officers listed in the

same schedule. Such an interpretation would contradict the intent of the Salary Commission voting all officers salaries to be set at 100% of the applicable

salary schedule. Therefore, such an interpretation is not logical.

Further, Section 50.333.7 RSMo would have to be harmonized with the applicable sections of Section 50.343 RSMo regarding the issue

being considered in this memorandum. Section 50.333.7 RSMo states in pertinent part, “[i]f the salary commission votes to increase the compensation,

all officers or offices whose compensation is being considered by the commission at that time shall receive the same percentage of the maximum
allowable compensation.” Clearly, it would violate the provisions of Section 50.333.7 RSMo for a Commissioner to not receive the same percentage

increase in order to strictly comply with Section 50.343.1(2) RSMo.

The best and perhaps the only way to harmonize the different statutes and statute subsections, and at the same time to give effect to the

legislative intent in calculating salaries would be to add an imaginary separate table in Section 50.343 RSMo for Associate Commissioners. The

imaginary table would set the Associate Commissioners’ salaries at $2,000.00 less at each assessed valuation level than that set forth in the existing table.

The County Clerk and others have also asked about how the assessed valuation year is chosen. The assessed valuation level is calculated by

taking the total assessed valuation in Taney County for the year next proceeding the first day of the new term of office. If an official takes office on

January 1, 2009, the next preceding year is 2008. The actual language is “the year next preceding the computation.” The date of computation is not

set forth in the statutes, however, logically the computation is not made until the salary must be paid.

2. County Clerk, Secretary for the Salary Commission Opinion: Counselor Paulson
gave the following opinion:
TO: Taney County Clerk
Donna Neeley

FROM: Taney County Counselor
Robert R. Paulson II

RE: Clerk’s Salary Commission Duties

DATE: October 6, 2008

County Clerk’s Salary Commission Duties

The statutes regarding the Salary Commission set forth that the County Clerk shall keep the minutes of the Salary Commission meetings.

Section 50.333.5 RSMo The statutes also state that the report of compensation shall be certified to the County Clerk. Section 50.333.8 RSMo This

subsection 8 of the statute sets forth substantially the form in which the certification shall appear. This subsection implies that the County Clerk shall

receive the certification, and shall keep it with the minutes of the Salary Commission meeting from which it was generated.

The best procedure would be to have the certification prepared at the meeting and be a part of the minutes. Even if separate from the

minutes, there is a fair inference that the County Clerk is to prepare the certification from the decision of the meeting. This does not mean that the

County Clerk is the entity making the certification, that entity is the Salary Commission. The County Clerk would merely prepare the certification, and

the certification would be in the required form and would include the information provided by the Salary Commission.

Nowhere does the statute grant the power to the County Clerk to interpret the certification delivered to her to determine the actual amount in

dollars that the individual officeholders are to be paid. The duty to determine this amount is a ministerial duty for [my best guess] the budget officer and

the county commission. There should be no discretion in calculating the amount, and that amount should be very clear from the report of compensation.

A potential problem exists due to the form However, the statutory form of the report of compensation requires that the salaries be stated in

percentages of the maximum allowable compensation. In the event an actual salary amount is unclear from the certification of the Salary Commission,

and more than one amount is possible, there is a problem. The best solution to this problem would be to get an official opinion of the County Counselor

who serves as legal advisor for all county entities including the budget officer, the County Commission and the Salary Commission.

In conclusion, the duties of a county clerk regarding the salary commission as set forth in Section 50.333 RSMo are as follows:

1. County clerk is a voting member of the Salary Commission.

2. County clerk presents a financial condition of the county report to the commission, once a chairman is elected.

3. County clerk shall keep the minutes of the meeting.

4. County clerk shall receive the report of compensation that is certified to her by the salary commission.

* [1 through 3 are from Section 50.333.5 RSMo, and the duty in 4 is implied from Section 50.333.8 RSMo.]
 3. Wilson Agreement: Counselor Paulson read the Wilson Agreement and noted all
changes. Commissioner Strahan made a motion to approve said agreement.
Commissioner Pennel seconded the motion. The motion passed by vote: Pennel
(yes), Herschend (abstain), Strahan (yes).

4. ABL Amendment: Ms. Luttrell noted that the amendment changes the starting
date of operation, as the prisoners were not moved by the original date of the
contract. Commissioner Strahan made a motion to approve said amendment.
Commissioner Herschend seconded the motion. The motion passed by vote:
Pennel (yes), Herschend (yes), Strahan (yes).

5. Davis Aviation contract: Commissioner Strahan made a motion to table said
contract questioning whether the Airport Board had had a chance to approve said
contract. Commissioner Herschend seconded the motion noting that he would
like to know what type of operation it was as well. The motion passed by vote:
Pennel (yes), Herschend (yes), Strahan (yes).

ANNEX BUILDING / AUCTION

John Lavender, Maintenance Supervisor was present at the Commission’s request
to discuss the placement of double doors at the annex as well as the removal of existing
furniture/fixtures in the jail annex. It was determined that the existing items would not be
removed in a timely fashion for the auction being held on the 11th of October and may be
of more value to scrap.

Mr. Lavender did indicate that he has a set of double doors taken from the old
Recorders office just waiting to be installed, however because of the air handlers and
some other misc things, there is only one location that the door can be installed.

Commissioner Strahan made a motion to put the double doors in the annex since
it would split the building and benefit whoever is placed in there. Commissioner
Herschend seconded the motion. The motion passed by vote: Pennel (yes), Herschend
(yes), Strahan (yes).

BUILDING MOVES
VETERAN / IDA OFFICE

Commissioner Herschend brought up the issue of moving the IDA office to the
new Veteran office location noting that the Veteran office would not be handicapped
accessible.

Commissioner Strahan made a motion to locate the IDA office at the Taney
County Airport. Commissioner Herschend seconded the motion. Commissioner
Herschend noted that he would make the move until we are totally done with the
remodeling since the office is already in place.
 Commissioner Pennel stated that he was not ready to make that decision and
questioned as to where the office would be located at the Airport and how would the
expense be paid for. Commissioner Strahan commented that there are three little offices
of which two are taken up by the Chamber and the car rental.

Commissioner Pennel asked what budget would pay for this. Commissioner
Herschend noted that it couldn’t be more than $2,000 and the IDA should have some
money left in their budget since they were without an employee for some time.
Commissioner Pennel added that he was not necessarily against having an office at the
Airport but that he wasn’t prepared to discuss it today. The motion passed by vote:
Pennel (no), Herschend (yes), Strahan (yes).

SEPTAGON
WEEKLY UPDATE

Commissioner Herschend made a motion to approve the following:

ASI#9: Changing glass types for an additional cost of $145.00
RFI#178: Enlarged window frames for an additional cost of $402.00
RFI#23: Decreased curtain wall frame width for a credit of $727.00
RFI#21: Changed curtain wall dimensions for a credit of $1,322.00
RFI#22: Adding glazing for an additional $3,071.00
RFI#20: Combine 2 separate window frames for an additional $860.00
RFI#19: Change glass type for a credit of $122.00
Field Change: Added suspended ceiling to elevator room 084; required to pass elevator
inspection for an additional cost of $1,382.00
Field Change: Add a heat detector and smoke detector to each elevator as required by
state elevator inspector for an additional cost of $1,811.00

Commissioner Pennel seconded the motion. The motion passed by vote: Pennel
(yes), Herschend (yes), Strahan (yes).

Mike Smith, Construction Manager updated the Commission on a few items that
were still lingering to get decisions on. Commissioner Herschend stated that he had
spoken with Rick Quint and informed him that the Commission needed to set down and
talk about the liquidated damages. Commissioner Herschend requested that Mr. Smith
document when the building was turned over to the County and when the Sheriff was
able to move the prisoners in. Mr. Smith noted that there is no substantial completion
date in the contract, that there is only a completion date which is September 8, 2008.

FRANK PRESTON & TRESSA LUTTRELL
WORK SESSION

Frank Preston, Road & Bridge Administrator and Tressa Luttrell, County
Administrator met with the Commission to discuss various issues.
 1. Waste Corp request: Ms. Luttrell commented that she had received a request
from Waste Corp. “Waste Corp has purchased Advantage Waste which had
minimal services in Taney County. Advantage Waste has a charge account at the
Transfer Station for the roll-off operation and we would ask permission to empty
2 loads per day under the Advantage account as well as our normal 2 loads per
day under the WCA account until we can integrate the customer base. WCA is
responsible for any Advantage charges therefore there will be no payment issues,
but, we definitely need the transfer access for 4 loads per day for a short period of
time. We certainly do not want to alienate the transfer station personnel therefore
I would appreciate your response/approval as quickly as possible.

Commissioner Herschend made a motion to approve said request through 1/1/09.
Commissioner Pennel seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (yes).

Commissioner Herschend left the meeting at 3:05 p.m.

DAN WATTS, SMACOG
FRANK MILLER, MODOT

Dan Watts representing SMACOG and Frank Miller representing MoDot along
with Buddy Roberts met with the Commission to discuss transportation needs within
Taney County. Mr. Watts presented the Commission with a compilation of needs within
Taney County and their ranking within the 10 county region that Mr. Watts represents.

Mr. Watts indicated that he would like to see the Commission take this listing and
rank the importance of each one within the County.

REMAINDER OF MEETING
TABLED

Commissioner Pennel made a motion to table the remainder of the meeting until
Tuesday, October 7th at 9:00 a.m. Commissioner Strahan seconded the motion. The
motion passed by vote: Pennel (yes), Herschend (absent), Strahan (yes).