2008 County Commision Minutes

TANEY COUNTY COMMISSION RECORD

JANUARY 7, 2008 1ST DAY OF
THE REGULAR JANUARY ADJOURN TERM

The County Commission met in the Associate Circuit II Courtroom at 9:03 a.m. 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.

VACATION – PERSIMMON POINT

The County Commission took up the petition to vacate platted roads serving Lots 3 and
4A of the Amended Plat of Persimmon Point Lots 4, 5 and 6 situated in Section 10, Township 21
North, Range 22 West, Taney County, Missouri as per the recorded plat thereof.

Commissioner Pennel read the petition. Bob Paulson, County Counselor stated that Mr.
Motley had contacted him and informed him that he had a conflict and was in Stone County.
Should we need anything just contact his office.

Commissioner Herschend made a motion table the petition until there was a
representative that could answer questions. Commissioner Pennel seconded the motion.

Commissioner Strahan asked if this would be a good time to let the public know of our
discussion regarding the on going procedures that we run into on these vacations. Such as if we
ask for things for the vacation that within the next quarter or period of time that we will not table
that issue anymore it will just be dropped…denied. Counselor Paulson clarified that the
Commission will vote against the petition should the requested information not be turned in
timely.

Donna Neeley, County Clerk asked if that would be an Ordinance, Resolution or just the
decision of the Commission. Commissioner Strahan answered decision of the Commission.
Commissioner Herschend stated that he was in total agreement. And added that these folks have
come to us requesting a change, they need to show us a cause.

A general discussion regarding whether to make a policy or just simply advise the public
ensued. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

VACATION – QUEBEC ROAD

Counselor Paulson noted that this has been lingering for sometime. The only thing
needed is a ready to record deed to give the County the property. Paulson noted that the
individuals have paid the money agreed to change the location of the road. Counselor Paulson
stated that he needs to have the order typed as the one faxed over wasn’t very clear.

Commissioner Herschend made a motion to approve the vacation of Quebec Road and
direct Counselor to file the appropriate documents. Commissioner Strahan seconded the motion.
The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

VACATION – CLEARWATER ACRES

Counselor Paulson stated that the order is ready but as of 12/27/07 the replat had not yet
been done. Commissioner Herschend made a motion to table until a representative could be
present to answer questions. Commissioner Pennel seconded the motion. The motion passed by
vote: Pennel (yes), Herschend (yes), Strahan (yes).

VACATION – EMORY CREEK BLVD

Carrie Walden an Attorney with Styron Law firm presented the Commission with a
petition to vacate Emory Creek Boulevard. Ms. Walden stated that this petition comes from a
decision by MoDot to move from the crest of a hill to a valley where the access, view from the

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road is much clearer. Ms. Walden noted that they had submitted for utility easements and was
still waiting on a couple but was confident they were on their way.

Ms. Walden stated that an order would be sent as soon as the remaining easements were
received. Commissioner Herschend made a motion to approve the Vacation. Counselor Paulson
stated that the petition would have to be read as it is the first time to hear it. Commissioner
Herschend amended his motion to reading the petition and then approving the vacation.

“This petition is made by Emory Creek Ranch, LLC under 71,270 RSMo, and seeks to
vacate a portion of Emory Creek Boulevard entirely within Lot 2A, as shown on the plat of
Emory Creek Ranch Commercial Subdivision (as recorded in Slide I Pages 311-312) which lies
in an unincorporated area of Taney County. Applicant owns the land on both sides of the portion
of the street to be vacated.

The Missouri Department of Transportation required that the entrance to the Emory
Creek Ranch Subdivision from State Highway 248, as originally built, be moved slightly to the
south. This relocation is reflected on the plat for Emory Creek Ranch Commercial, recorded Plat
Slide I, Pages 311-312.

Later, MoDot required that the relocated entrance be moved again from where it is shown
on the Emory Creek Ranch Commercial plat as recorded, this time at a location between the first
location and the second location. The area to be vacated is shown on the attached proposed
Amended Plat of Emory Creek Commercial.”

Commissioner Strahan seconded the motion. Commissioner Pennel asked if we wanted
to ask for proof of ownership. Commissioner Herschend stated that they had the paperwork and
a representative. Commissioner Herschend amended his motion to approve the Vacation
contingent upon the receipt of the additional consents and the copy of the order. Commissioner
Strahan amended his second. The motion passed by vote: Pennel (yes), Herschend (yes),
Strahan (yes).

COMMISSIONER PENNEL
TANEYCOMO BRIDGE SURVEY

Commissioner Pennel stated that while in a meeting with the Road Superintendent and
the County Administrator, a discussion regarding the Taneycomo Bridge was had where the
Commission agreed to do a survey to get public input. Commissioner Pennel stated that he has
already received 100 emails which seems to indicate folks are interested.

Commissioner Pennel added that the State is willing to look at cost sharing and noted that
the local match is 5.1m. Commissioner Strahan stated that he had been in contact with Joann
Emerson’s Office who is very willing to attend a meeting this month to work on funding.

Commissioner Pennel stated that one of the goals of the survey is to show the need to our
State and Federal Representatives. If we were prepared to show the benefits, of what the
East/West Corridor would have, with the goal being should the County use money towards the
bridge that we could get some of the cost share for the 2 needs. Commissioner Strahan stated
that this survey is the tool for receiving the dollars. They all have to be in place.

A general discussion regarding the survey and the possibility of adding additional
questions ensued. Commissioner Pennel made a motion to table this issue until after lunch
should the Commission want to talk about it more. Commissioner Herschend seconded the
motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

IS CONTRACTS

Counselor Paulson presented the contracts for Centurytel and Mountain Data Center LLC
but noted that there were still some changes to be made. Gary Morgan, IS Administrator stated
that these contracts will provide a faster broader service as well as keeping it in Taney County.

Commissioner Strahan made a motion to approve the contracts for Centurytel and
Mountain Data Center LLC contingent upon Counselor Paulson’s clerical and questionable
changes. Commissioner Herschend seconded the motion.

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Commissioner Herschend made a motion to table until Counselor Paulson could get them
hammered out. Commissioner Strahan seconded the motion. The motion passed by vote:
Pennel (yes), Herschend (yes), Strahan (yes).

PUBLIC COMMENT

Bob Schanz asked the Commission what they were doing with the cat situation on Cliff
Drive. Commissioner Pennel noted that it was a City of Branson issue but that the County’s
Animal Control did assist. Schanz further commented that it was his understanding that the
owner of the cats was going to open a restaurant on 76.

Bob Schanz asked if the Commission was aware of a man that brought several visitors to
Taney County and there was no rooms or tickets and asked if there was something the County
could do. Commissioner Pennel stated that the Mayor is aware and it was his understanding that
none of the visitors knew anything was wrong.

Bob Schanz commented that he has heard a lot of discussion regarding the citizens
wanting a State Audit on the County.

RICK FINDLEY
YEAR END BUDGET REPORT

Rick Findley, Auditor presented the Commission with the year end budget report.

FUNDBALANCE TANEY COUNTY
12/31/07 BUDGET
FUND BALANCES

PERIOD TO DATE YEAR TO DATE
ACTUAL ACTUAL

GENERAL COUNTY REVENUE
# 0.00 16,017,775.03
# 3,091,930.96 27,519,553.02
- -
# 3,091,930.96 43,537,328.05
- -
# 2,027,408.48 24,908,983.28
= =
# 1,064,522.48 18,628,344.77

ROAD & BRIDGE
# 0.00 8,524,193.81
# 135,832.43 1,629,363.09
- -
# 135,832.43 10,153,556.90
- -
# 337,704.39 3,148,557.99
= =
# (201,871.96) 7,004,998.91

ROAD & BRIDGE TRUST
# 0.00 2,707,686.28
# 905,895.51 7,316,803.98
- -
# 905,895.51 10,024,490.26
- -
# 656,061.51 6,330,996.31
= =
# 249,834.00 3,693,493.95

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ASSESSMENT FUND
# 0.00 13.78
# 51,192.82 580,402.37
- -
# 51,192.82 580,416.15
- -
# 48,093.07 577,316.40
= =
# 3,099.75 3,099.75

ELECTION FUND
# 0.00 58,043.81
# 277.23 13,183.09
- -
# 277.23 71,226.90
- -
# 0.00 15,611.52
= =
# 277.23 55,615.38

TRANSFER STATION FUND
# 0.00 578,192.38
# 86,308.82 1,193,589.82
- -
# 86,308.82 1,771,782.20
- -
# 78,690.64 1,024,288.21
= =
# 7,618.18 747,493.99

FUNDBALANCE TANEY COUNTY
12/31/07 BUDGET
FUND BALANCES

PERIOD TO DATE YEAR TO DATE
ACTUAL ACTUAL

LEPC FUND
# 0.00 8,487.57
# 6,092.88 11,879.81
- -
# 6,092.88 20,367.38
- -
# 5,592.07 8,527.93
= =
# 500.81 11,839.45

LAW ENFORCEMENT TRAINING FUND
# 0.00 58.41
# 479.61 8,298.55
- -
# 479.61 8,356.96
- -
# 0.00 4,748.82
= =
# 479.61 3,608.14

PROSECUTING ATTORNEY TRAINING FUND
# 0.00 9,815.46
# 153.07 1,769.55
- -
# 153.07 11,585.01
- -

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# 0.00 5,220.24
= =
# 153.07 6,364.77

COUNTY INSURED FUND
# 0.00 158,436.63
# 623.35 7,638.27
- -
# 623.35 166,074.90
- -
# 255.40 69,761.76
= =
# 367.95 96,313.14

911 FUND
# 0.00 1,195,536.29
# 49,759.83 583,916.11
- -
# 49,759.83 1,779,452.40
- -
# 226,549.77 679,895.52
= =
# (176,789.94) 1,099,556.88

USE TAX

FUNDBALANCE TANEY COUNTY
12/31/07 BUDGET
FUND BALANCES

PERIOD TO DATE YEAR TO DATE
ACTUAL ACTUAL

SEWER FUND
# 0.00 19,857,468.53
# 1,034,539.98 18,799,324.60
- -
# 1,034,539.98 38,656,793.13
- -
# 1,351,457.20 15,574,574.68
= =
# (316,917.22) 23,082,218.45

SEWER DESIGNATED FUND
EXPENDITURES

= =
# (316,917.22) 23,082,218.45
= =

SHERIFF CIVIL FUND
# 0.00 85,646.91
# 592.89 55,949.48
- -
# 592.89 141,596.39
- -
# 3,205.82 44,425.22
= =
# (2,612.93) 97,171.17

TAX MAINTENANCE FUND
# 0.00 102,043.58

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# 3,310.90 118,530.99
- -
# 3,310.90 220,574.57
- -
# 1,861.50 109,129.32
= =
# 1,449.40 111,445.25

PERIOD TO DATE YEAR TO DATE
ACTUAL ACTUAL

PRO ATT BCF
# 0.00 253,538.40
# 6,612.30 75,597.67
- -
# 6,612.30 329,136.07
- -
# 85.09 64,693.04
= =
# 6,527.21 264,443.03

RECORDERS TECH FUND
# 0.00 293,634.09
# 22,534.47 276,859.01
- -
# 22,534.47 570,493.10
- -
# 9,348.43 191,186.30
= =
# 13,186.04 379,306.80

PA DEL TAX FUND
# 0.00 8,541.73
# 3,744.88 7,943.01
- -
# 3,744.88 16,484.74
- -
= =
# 3,744.88 16,484.74

LLEBG
# 0.00 0.21
- -
# 0.00 0.21
- -
= =
# 0.00 0.21

FLOOD CONTROL
# 0.00 46,086.46
- -
# 0.00 46,086.46
- -
# 0.00 46,086.46
= =

DRUG FORFEITURE
# 0.00 1,191.24
# 7.47 73.57
- -
# 7.47 1,264.81
- -
= =
# 7.47 1,264.81

SHERIFF REVOLVING
# 0.00 8,958.16

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# 805.79 10,659.09
- -
# 805.79 19,617.25
- -
# 0.00 9,544.19
= =
# 805.79 10,073.06

VEST GRANT
# 0.00 1,813.29
# 11.97 1,592.86
- -
# 11.97 3,406.15
- -
# 0.00 1,380.00
= =
# 11.97 2,026.15

Commissioner Herschend suggested a work session to understand the overages.

PUBLIC COMMENT

Donna Neeley, County Clerk stated that she had spoken with Sharon Siler regarding
placing MAS90 in her office and Ms. Siler had indicated that the County had two licenses
available and would need a letter from the Commission asking that one of those licenses be
placed in her office. Clerk Neeley stated that she was requesting that the Commission write said
letter.

Commissioner Herschend noted that he would need to understand why she needed
MAS90 in her office. Clerk Neeley stated that the license already exists, it’s just a matter of
moving it and added that she has talked with Auditor Findley about the ability to review read
only but would also like to have the ability to create reports.

Commissioner Pennel stated that he would suggest a work session as well as inviting the
Auditor, Assessor and Collector to also discuss BOE procedures.

Frank Preston, Road Superintendent informed the Commission that a pre-construction
meeting would be held on Wednesday regarding the Casey Road Project and anticipated
construction starting in about two weeks.

Road Superintendent Preston also informed the Commission that Hillside was approved
contingent upon easements. All but one, who is non responsive has been received.
Commissioner Herschend made a motion to set up a work session to work out the details.
Commissioner Pennel seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (yes).

ACCOUNTS PAYABLE

Commissioner Pennel made a motion to approve accounts payable warrants #301423 -
#301435, #301438 - #301545, manual warrants #4767 - #4769. Commissioner Strahan seconded
the motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

PRIOR MINUTES

Commissioner Herschend questioned the discussion regarding those minutes still
outstanding. Commissioner Pennel stated that it was determined that Counselor Paulson would
write 12/4/07 and that 12/11/07 was to be received from the Clerk.

Clerk Neeley asked what those minutes regarded. Ms. Luttrell stated that it was the
meeting she sat in on with Septagon Construction. Ms. Neeley stated that she had given those to
Jackie who left without notice but she did find them and noted that she could send them over to
the Commission’s Office for Ms. Luttrell to type. Commissioner Pennel stated that since that

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was before the change would you like to present them like the rest of them. Commissioner
Herschend stated that Ms. Neeley had sent an email stating that she was committed to doing
those before the change. Ms. Neeley stated that she was not sure she wanted to do that.
Commissioner Pennel noted whatever she wanted to do but to get them to the Commission.

Commissioner Pennel made a motion to approve prior Commission Minutes dated 1/2/08
and 1/4/08. Commissioner Strahan seconded the motion. The motion passed by vote: Pennel
(yes), Herschend (abstain), Strahan (yes).

EXECUTIVE SESSION

Counselor Paulson stated that he had received a settlement agreement regarding the State
Tax Commission case and would like to go over it with the Commission. Commissioner
Herschend made a motion to go into executive session pursuant to 610-021 (1)(12).
Commissioner Pennel 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
12:35 p.m.

RECONVENE
3:20 p.m.

SEWER EASEMENT ACQUISITION

Commissioner Strahan made a motion to approve the sewer easement acquisition for
David Junge (Pacific Builders) necessary to the completion of the Bee Creek Sewer Project as
designed. Commissioner Pennel seconded the motion. The motion passed by vote: Pennel
(yes), Herschend (yes), Strahan (yes).

AIRPORT GRANT
PUBLICATION CERTIFICATION

Commissioner Herschend made a motion to approve for signature the publication
certification required for the Airport Grant. Commissioner Pennel seconded the motion. The
motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

RECESS
3:22 p.m.

RECONVENE
3:55 p.m.

TANEYCOMO BRIDGE SURVEY

The County Commission worked on the Taneycomo Bridge Survey adding a couple of
questions and modifying one.

RECESS
4:00 p.m.

Minutes taken and typed by Tressa Luttrell.

Finished Type: 1/8/08
Submitted to Commission: 1/8/08

Commission Approved:1/9/08

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JANUARY 8, 2008 2ND DAY OF
THE JANUARY ADJOURN TERM

The County Commission met in the Commission’s Office at 9:51 a.m. pursuant to
adjourn with Chuck Pennel, Presiding via telephone, Ron Herschend, Western Commissioner
and Danny Strahan, Eastern Commissioner present and the following proceedings were had and
made a matter of record.

PUBLICATION
TANEYCOMO BRIDGE SURVEY

Commissioner Herschend made a motion that the County purchase 1/8 page ad for
$240.00 for the Bridge Survey in the Branson Daily News. Commissioner Strahan seconded the
motion. The motion passed.

RECESS
9:55 a.m.

RECONVENE
1:02 p.m.

APPOINT PRESIDING

Donna Neeley, County Clerk appointed Danny Strahan as Temporary Presiding
Commissioner in the absence of Chuck Pennel.

SEPTAGON MONTHLY MEETING

The County Commission met with representatives from Septagon Construction and HMN
Architects for the monthly update.

Commissioner Herschend made a motion to approve CCD#2 and CCD#4 for added
additional structural steel to the parapet wall on the south side of the courts building and further
changes to the structure of the south courts wall by adding additional steel above the windows
and modified the masonry expansion joints. For a total cost of $16,769.00. Commissioner
Strahan seconded the motion. The motion passed by vote: Pennel (absent), Herschend (yes),
Strahan (yes).

Commissioner Herschend made a motion to approve RFI #229 to add a section of 12”
duct in place of the 6” duct for each smoke detector. For a total cost of $9,238.00.
Commissioner Strahan seconded the motion. The motion passed by vote: Pennel (absent),
Herschend (yes), Strahan (yes).

Commissioner Herschend made a motion to take PR #33 off the list regarding adding a
camera that would watch the radio tower base and the generator. Commissioner Strahan
seconded the motion. The motion passed by vote: Pennel (absent), Herschend (yes), Strahan
(yes).

RECESS
2:01 p.m.

Minutes taken by Danny Strahan and Tressa Luttrell, typed by Tressa Luttrell.
Finished Type:
Submitted to Commission:
Commission Approved:1/9/08

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JANUARY 9, 2008 3RD DAY OF
THE JANUARY ADJOURN TERM

The County Commission met in the Commission’s Office at 9:00 a.m. pursuant to
adjourn with Chuck Pennel, Presiding and Danny Strahan, Eastern Commissioner present and the
following proceedings were had and made a matter of record.

PAYROLL

Commissioner Strahan made a motion to approve payroll check warrants:

General County Revenue #103868 - #103889

Road & Bridge #103838 - #103861

Assessment Fund #103862 - #103684

Transfer Station #103865 - #103867

Accounts Payable warrants #301558 - #301570, manual warrants #4771-#4772

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

IS CONTRACTS

Commissioner Pennel made a motion to table the IS Contracts until later today.
Commissioner Strahan seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (absent), Strahan (yes).

DIRECT DEPOSIT ORDER

Commissioner Pennel made a motion to approve the order for direct deposit.
Commissioner Strahan seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (absent), Strahan (yes).

PRIOR MINUTES

Commissioner Strahan made a motion to approve prior Commission Minutes dated
12/4/07. Commissioner Pennel seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (absent), Strahan (yes).

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

EXECUTIVE SESSION

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

It should be noted that Commissioner Herschend entered the meeting at 10:00 a.m.
It should be noted that no motions were made and no votes were taken.

RECONVENE
10:45 a.m.

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PLANNING & ZONING
ADMINISTRATION / FEES

The County Commission met with the staff of Planning & Zoning to inform them that
Frank Preston, Road Superintendent would be overseeing the Planning & Zoning Department
once the current Administrator, Kurt Larson retired later this month.

A lengthy discussion regarding this change ensued.

RECESS
12:00 p.m.

RECONVENE
1:00 p.m.

PRE CONSTRUCTION MEETING
CASEY ROAD

A pre-construction meeting for the Casey Road project was held with members from
Great River Engineering, APAC, Herion & Young, MoDot, Centurytel and Taney County.

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

It should be noted that Commissioner Herschend entered the meeting at 1:30.

Commissioner Strahan made a motion to approve the contract for Casey Road between
Taney County and Herion & Young. Commissioner Herschend seconded the motion. The
motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

Commissioner Herschend made a motion to authorize Chuck Pennel to sign the notice to
proceed. Commissioner Strahan seconded the motion. The motion passed by vote: Pennel
(abstain), Herschend (yes), Strahan (yes).

RECESS
1:35 p.m.

Minutes taken and typed by Tressa Luttrell.

Type Finish: 1/10/08
Submitted to Commission: 1/10/08
Commission Approved:1/14/08

JANUARY 14, 2008 4TH DAY OF
THE JANUARY ADJOURN TERM

The County Commission met in the Associate Circuit II Courtroom at 9:01 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.

WALLEN BLUFF
EASEMENT

Frank Preston, Road Superintendent informed the Commission that they had acquired
approximately 30-40 feet for an easement to fix a hair pin corner and noted that excess material
will fill a ravine inside the curve.

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Commissioner Strahan made a motion to approve the Wallen Bluff Easement.
Commissioner Herschend seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (yes).

SEDGWICK ROAD
EASEMENT

Commissioner Strahan made a motion to approve the Sedgwick Road Easement which
provides the County a hammerhead turnaround. Commissioner Herschend seconded the motion.
The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

It should be noted that the road petition was previously approved contingent upon the turn
around.

COMMISSIONER PENNEL
BRIDGE SURVEY’S

Commissioner Pennel informed the Commission that there had been a lot of interest in
filling out the surveys and added that that they were even putting their name and phone numbers
on them. Commissioner Pennel reported that a majority noted that they were affected, some
even severely. Commissioner Pennel commented that the majority answered yes to the
county/city spending funds.

A general discussion regarding how long to leave the surveys out ensued. It was decided
that they would encourage people to get their surveys in by Wednesday; however they would
leave the boxes out for another week.

COMMISSIONER PENNEL
CONDO ASSESSMENT CLARIFICATION

Commissioner Pennel stated that he had put this issue on the agenda with the hopes of
being ready to discuss the issue, however he was not prepared. Commissioner Pennel further
stated that in BOE (Board of Equalization) last summer there was a problem working on
Condo’s for all parties involved. Commissioner Pennel suggested getting together to forward
their concerns/thoughts to the legislature.

IS CONTRACTS

Counselor Paulson presented the contract for Mountain Data Center to the Commission
noting that they had taken out the arbitration language as well as cleaned up what was requested.
Commissioner Strahan made a motion to approve the Mountain Data Center contract with
Counselor Paulson’s corrections. Commissioner Herschend seconded the motion. The motion
passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

Counselor Paulson presented the contract for Centurytel for the Ethernet services.
Commissioner Herschend made a motion to approve said contract. Commissioner Pennel
seconded the motion. Commissioner Herschend noted that Centurytel was working hard with the
County as they were also completing the wiring for the new Judicial Facility. The motion passed
by vote: Pennel (yes), Herschend (yes), Strahan (yes).

The County Commission thanked Counselor Paulson and Gary Morgan, IS Administrator for all
their hard work.

DONNA NEELEY
MAS 90

Donna Neeley, County Clerk again requested that the Commission write a letter to allow
her to utilize MAS90 in her office to comply with her statutory duty.

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PUBLIC COMMENT

Dick Clark commented that it was his understanding that the initial talks regarding a
bridge was to go across “T” Highway, he then found out that it was for a 3rd bridge for
Branson…they don’t need another bridge. Mr. Clark added that since the ¼ cent was not
specified for the bridge, that was why the ballot issue was shot down.

Dick Clark asked how the County was dealing with the cats recently brought in by the
City since the County didn’t have a provision for cats. Commissioner Pennel explained that the
facility does take cats from municipalities.

Dick Clark informed the Commission that there is a problem with the recycling center at
Kissee Mills. Clark stated that he had taken some recycling out there and stuff was piled high on
the table. Clark added that he had put his stuff on the table which knocked everything over onto
the ground. It was then that two gentlemen walked out of the shack offering no assistance.
Commissioner Pennel noted the incident and commented that they would address it.

ACCOUNTS ALLOWED

Commissioner Pennel made a motion to approve accounts payable warrants #301559 -
#301639, manual warrants #4773 and UMB Reimbursement #21 for $775,690.18.
Commissioner Strahan seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (yes).

PRIOR MINUTES

Commissioner Pennel made a motion to approve prior Commission Minutes dated
12/11/2007 and 1/9/2008. Commissioner Strahan seconded the motion. The motion passed by
vote: Pennel (yes), Herschend (yes), Strahan (yes).

RECESS
9:45 a.m.

EXECUTIVE SESSION

Commissioner Herschend made a motion to go into executive session pursuant to RSMo
610.021(1). 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.

RECONVENE

FRANK PRESTON
WORK SESSION

Frank Preston, Road Superintendent met with the Commission to discuss the following
issues:

1. Planning & Zoning: Mr. Preston noted that he had spent most of the morning with the staff
and would be meeting this Wednesday here with each of them. They drilled me on my planning
experience but I informed them that I didn’t think I was hired for that but for my management
skills.

The County Commission expressed their frustrations as they had previously met with the staff
and noted that Mr. Preston should let them know they have two weeks to determine if they want
to be part of the team.

2. Equipment: Mr. Preston stated that bids have gone out for a Backhoe and a Trackhoe. Mr.
Preston also stated that he is currently working on specifications for a Watertruck.

3. Misc. Roads: Mr. Preston discussed issues on various county roads.

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A. Dean Road: Mr. Preston stated that they were using EFK Moen on this project and
was having a problem. Mr. Preston commented that he had only met with him once prior to
receiving the plans. They call for 8,000 square yards of excess material. When questioned what
to do with that fill, Mr. Waggoner said use that excess to build the road up another 2.5 feet. At
this point, we are at a stand still on this project until we hear back from Mr. Waggoner.
Commissioner Pennel suggested maybe talking to the neighbors and possibly getting some
storage space for the material.

B. Nolan Road: Commissioner Pennel questioned whether we should put some base on
it to smooth it out.

C. Road Master Plan: Mr. Preston stated that he had asked the Commission to think
about what road projects they would like to be placed on the plan and was wondering if they had
any roads to add to the list. Mr. Preston presented a preliminary listing and again asked for the
Commission to review and report back.

D. Forsyth/Taneyville Road: Mr. Preston asked the Commission to what extent do they
want to go with acquiring easements. It is a safer road but not adequate for the amount of cars
traveling that road.

E. Sycamore Church Road: Mr. Preston noted a compileage of various drainage systems
and that it appeared that part of the concrete culvert is damaged. Commissioner Herschend
suggested getting a traffic count before figuring out what to do.

F. Cottonrock Road: Mr. Preston informed the Commission that the traffic count had
been completed and was 76 cars within a 24 hour period.

L. Lenhart Lane: After a lengthy discussion, Mr. Preston will go back to the individual
and inform them that the County Commission would consider taking in the road at no cost to the
county and that the roads are at county standards.

4. Electrical Upgrades: Mr. Preston reported that an estimated cost for getting Phase 3 at the
east barn is approximately $6,200.

5. Road Standards: Mr. Preston presented a draft copy of the road standards that had been
compiled and added that he would like to see the Commission go through the document and
make notes like Randy and he had done before the final document is printed.

6. Road Inspector: A general discussion regarding the position of “Road Inspector” was had.
Mr. Preston indicated that the computer program Carte Graph could be highly utilized with this
position. Mr. Preston added that it will track actual costs as we set the criteria. Once all this
information is captured, this position could then go to a “special project” position or a couple
hours a week.

Commissioner Strahan noted that he would like a little time to think about the issue.
Commissioner Herschend stated that he wouldn’t commit to that position being full time past 24
months.

Minutes taken by Nikki Lawrence and recorder, typed by Tressa Luttrell.

Finish Type: 1/15/08
Submitted to Commission: 1/15/08
Commission Approved: 1/22/08

JANUARY 17, 2008 5TH DAY OF
THE JANUARY ADJOURN TERM

The County Commission met in the Commission Office at 9:12 a.m. pursuant to adjourn
with all members present and the following proceedings were had and made a matter of record.

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CITY OF BRANSON / TANEY COUNTY
TANEYCOMO BRIDGE

The County Commission met with members of the Branson City Council to work on a
plan for the funding of the Taneycomo Bridge project.

Commissioner Pennel opened the meeting with results from the Taneycomo Bridge
survey noting that he was estimating 500 surveys will be returned. It was very apparent that the
community would be affected should the bridge close. Commissioner Pennel also expressed that
even though the City of Hollister was not present, they were still in support of whatever the City
of Branson and the County wanted to do.

Commissioner Pennel stated that he had a chance to visit with Rick Huffman who is 25%
owner of the property and he indicated that they were still looking at building a 5-story building.

Commissioner Pennel stated that he felt strong that they needed to make this work and
added that the County uses 5.1 million to put on the application and work on the other later.
Commissioner Pennel stated that he was asking the Branson City Council to support us and ask
for an application to be started ahead of the deadline.

Mayor Presley commented that the council has continued to get more information but
hadn’t taken any formal vote but that they were more comfortable with the situation.

Chad Zickefoose, a representative from MoDot, stated that whatever the parties came up
with, MoDot would do their best and added that they were looking at using their own funds as
well, however when looking at those applications that were not totally 50/50 were not approved.
Mr. Zickefoose commented that they wanted to keep the bridge as a local project then draft a
cost share for the new structure, roundabout and right-of-ways for 14.7 million, which leaves
6.65 million for local match.

Mayor Presley inquired about the interest on funds. Mr. Zickefoose stated that it would
be 4%, which is not in the 6.65 million noting that they would have to work out the payment of
the interest.

Bob McDowell, Branson City Alderman, asked why the submittal date was so important.
Mr. Zickefoose stated that the Steering Committee meets quarterly and the longer we wait the
less funds are available. The first quarterly meeting is February 28th, if we don’t submit then the
next meeting isn’t until May 29th. Mayor Presley noted that if we wait, it will have to be a
sweeter deal. Mr. Zickefoose noted that the project was scheduled for 2009, which meant that
final plans need to be done this spring or early summer.

Commissioner Strahan stated that he didn’t think the County should have to spend local
money for the bridge which is why he had been searching for funding alternatives.
Commissioner Strahan added that he realizes that the lack of a bridge is devastating to the
economics of Taney County. Commissioner Strahan stated that the Commission would be
meeting with Joann Emerson’s staff to try and figure out if there is any federal funding for
eastern Taney County. No way am I trying to hurt MoDot’s monies, but I am trying to look for
money for the eastern side.

Steven Marshall, Branson City Alderman, commented that he had read in the paper that
they were encouraging the feds to raise gas by 40 cents. The people that are making the money
are those with the gas companies. Mr. Marshall added that he believed the bridge should be
funded differently too but was also concerned of the impact that Branson would have with traffic
coming in two ways.

Mr. Zickefoose noted that the figures show that our gas tax is the lowest but our mileage
is the highest. Our latest figures noted that the income is lower than estimated so we pulled
projects because we didn’t think we could cover the cost. Mr. Zickefoose added that should you
receive funding elsewhere, there is no reason that we couldn’t amend the application.

Commissioner Strahan stated that we might as well give up on receiving any federal
funding if the application is already started with county monies. They are interested in talking

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with us or they wouldn’t be coming to set down with us. Commissioner Strahan added that for
us to front the money before researching ways to get the funding…our chances would be “0”.

Commissioner Herschend stated that we will have a bridge that would be good for 20
years…do we have this backwards…should we be funding 3 million for the citizens expenses
while the bridge is closed. Mr. Zickefoose commented that they didn’t feel the closing of the
bridge would be of a concern as it is, we close bridges all the time. We have found if we get in
and get the work done it can be done faster however there are some inconveniences and costs
that go with it.

Commissioner Herschend noted that it was a good investment on the County’s money.
Mr. Zickefoose commented that it could be structured into two phases. Jack Purvis, Branson
City Alderman added that he was selling right along with Commissioner Pennel as there are
seven bus routes and those children will have to get up earlier as well as the traffic tie-ups in
Hollister.

Mr. Zickefoose noted that they are wasting gas when the bridge is open by setting still.
Alderman Purvis added that it was a safety issue. Alderman McDowell commented that if we
are looking at it for the long haul…if demolition is 1 million and the roundabout complexity
would be diminished if we put in a 2x2 bridge where the current bridge is wouldn’t that be the
best long term solution if it wasn’t going to interrupt the traffic thoroughfare and move enough
traffic across that bridge. Mr. Zickefoose stated that you can’t just build a 4 lane bridge, you
have to accommodate the pedestrian and bike traffic. Alderman McDowell noted that it was still
a substantial savings and added that he wanted to make sure that they were looking at all the
options.

Commissioner Pennel stated that they were faced with making a decision this month on
either the A4 or B10 option. Mayor Presley noted that the A4 option doesn’t include the bigger
roundabout. Mr. Zickefoose stated that the A4 option is 11.2 million. With the 50/50 cost share
the local match would be 2.74 million.

Commissioner Herschend stated that he agreed that we should be looking, but building a
50 year bridge next to a 20 year bridge… A general discussion regarding the different options
ensued.

Commissioner Herschend asked what happens at the end of the 20 years…what do you
do with half of the traffic. Alderman Marshall noted that there may be a bridge somewhere else
in Branson by then.

Mayor Presley stated that we all have passion about the bridge and added that she would
take it back to the board and see if they were willing to find a way to fund the interest for their
cost if the County was willing to fund the match. Mayor Presley added that she did think it was
more of an economic impact that the gas and added that it was probably about a good of a buy as
they were going to get.

Commissioner Herschend stated that he appreciated the City’s willingness.
Commissioner Pennel stated that he would ask for the County Commission to make a motion to
commit 5.1 million. Commissioner Pennel so made the motion. The motion died for a lack of a
second.

Frank Preston, Road Superintendent stated that he understood this was a complex issue
and that the Value Engineering came up with the B10 option. Mr. Preston noted that there are
other pieces or parts to this…the redundancy in the bridge…the big unknown with the
bridge…the B10 provides part of the long term fix, regardless time is of the essence.

Commissioner Herschend stated that he couldn’t second the motion because of the other
1.5 million and where it is going to come from, it’s going to impact the project. Alderman
Marshall commented then why not amend the motion that the 1.5 come from Hollister and
Branson. Commissioner Pennel stated that he would clarify that he felt they had been given a
target of 5.1 million so we are 1.5 million short but that he was drawing a line at the 5.1 million.

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Commissioner Pennel amended his motion that the County commit to 5.1 million and that
the Cities or MoDot come up with the 1.5 million as well as the 1 million in interest.
Commissioner Herschend seconded the motion.

Commissioner Herschend noted that his opinion would be that this money would be
coming from the East/West Corridor funding which will set that project back...is that right.
Commissioner Pennel stated that he was optimistic and that it would set it back maybe a year or
two. Commissioner Herschend noted that it would take us about five years to replace that
money.

Commissioner Herschend asked Commissioner Pennel to amend his motion that the
County will find the 5.1 million to leave the door open for Commissioner Strahan’s research for
federal funding. Commissioner Pennel so amended. Commissioner Herschend so amended his
second. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (no).

Bob Schanz noted that the citizens do want another bridge but a little bit more North.
You have to look at the whole picture. Commissioner Herschend asked about the estimates of
going more North. Mr. Preston noted 36 million. Mr. Zickefoose stated that it was about 25-30
million but that the challenges are with the new alignment and noted that it would take longer to
complete.

Gary Groman commented that the last figures were 5.1 million and now it is 6.65. Mr.
Zickefoose explained how it got there again. Jim Babcock stated that detouring will cost 30-50
cents a mile and that they should build a four lane bridge and give the old bridge to Branson to
use as a pedestrian/fishing bridge. Commissioner Herschend noted that he agreed with Mr.
Schanz but that he didn’t think it was right at this time.

Commissioner Strahan stated that the approaches to go north would cost more than the
bridge…to do the citizens any good. Mr. Zickefoose commented that MoDot was basically out
of the business of building new roads…they are only maintaining. Commissioner Strahan stated
that the State of Missouri owes the citizens of the East a better road system than those built by
horse-drawn equipment and would be working towards that.

RECESS
11:45 a.m.

Minutes taken and typed by Tressa Luttrell.

Finish Type: 1/18/08
Submitted to Commission: 1/18/08
Commission Approved: 1/22/08

JANUARY 22, 2008 6TH DAY OF
THE JANUARY ADJOURN TERM

The County Commission met in the Associate Circuit II Courtroom at approximately
9:00 a.m. 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.

CHUCK PENNEL
NUISANCE CASES

Commissioner Pennel noted that he had put the issue on the agenda but did not get done
what he wanted. Commissioner Pennel further asked that the Commission continue to keep the
idea on the back burner of Planning & Zoning working on the Nuisance Cases rather than the
County Commission.

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CHUCK PENNEL
BRANSON LAKES AREA
LEGISLATIVE PARTNERSHIP

Commissioner Pennel noted that he had run on to Wyli Barnes regarding the membership
dues for the Branson Lakes Area Legislative Partnership and added that they were $2,000.00.
Commissioner Pennel further stated that he would entertain a motion for the approval of said
membership.

Commissioner Strahan commented that he couldn’t remember but thought the decision
last year was to only be a member of one of the organizations for 2008. Commissioner
Herschend stated that the split happened between the two organizations because of the difference
in priorities. Commissioner Strahan stated that if the Commission was going to approve only the
one, he would second the motion.

Commissioner Pennel made a motion to approve the membership dues for the Branson
Lakes Area Legislative Partnership. Commissioner Strahan seconded the motion.

Commissioner Herschend noted that he would like to understand what the County would
be giving up by only going with one organization. Commissioner Pennel added that he would
not want to shut the door on the other organization either. Both Commissioner Strahan and
Commissioner Pennel rescinded their motion and second.

Commissioner Herschend made a motion to table and asks that the County get a
representative from both organizations to share what the County receives for the funding.
Commissioner Pennel stated that he had sat in on their meeting last Friday and noted that he felt
it was important for the County to be a member of one of the two but added that he would prefer
looking at the local first then look into the Springfield group.

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

CHUCK PENNEL
TANEYCOMO BRIDGE SURVEY

Commissioner Pennel gave a brief update regarding the Taneycomo Bridge Survey and
added that the VE report (valued engineer) was going to be presented at the City of Hollister
today. Commissioner Pennel noted that according to Chad Zickefoose, the presentation would
mostly going over the same information.

BOB PAULSON
ASSESSMENT MAINTENANCE PLAN

County Counselor, Bob Paulson informed the Commission that he had previously put a
copy of the Assessor’s Maintenance Plan for ’08-’09 and added that per statute by February 1st if
the Commission doesn’t act, it is assumed that they are in favor of the Assessor’s version of the
plan.

James Strahan, Assessor advised the Commission that the State Tax Commission
representative Jim Kyle was going to be in his office today for his monthly statutory visit and
had indicated that there were a few problems with the plan.

The Commission agreed to go into executive session following the public meeting since
this issue was in litigation and due to inclement weather, the representative was present today.

HELEN SOUTEE
SEMI ANNUAL REPORT

County Treasurer, Helen Soutee presented the Commission with the Semi-Annual
Treasurer’s report for the year ending 2007. A general discussion regarding projects and
estimated expenditures ensued. Commissioner Herschend noted that he would like to see a
report detailing the allocation of projects. Both Treasurer Soutee and Auditor Findley stated that
they would get that together.

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COMMISSIONER HERSCHEND
PURCHASE OF VACATION TIME

Commissioner Herschend stated that the County Commission was asked to purchase
vacation time last week. Commissioner Herschend noted that he had spoken with that individual
and added that the employee does have a plan. Commissioner Strahan commented that since this
was a personnel issue, it should be in executive session.

COMMISSIONER HERSCHEND
SYCAMORE LOG CHURCH ROAD

Commissioner Herschend informed the Commission that while on a road trip with Frank
Preston, Road Superintendent, they have a situation on Sycamore Log Church Road.
Commissioner Herschend noted that there is severe damage to the road caused by blasting. The
road will need to be pulled up and redone. Commissioner Herschend stated that he would like to
discuss this issue in executive session as well. Commissioner Strahan commented about the 24
hour posting. Commissioner Herschend stated that he had informed road & bridge to not do any
grading on this road as it may damage the evidence, but by doing that, there is no snow removal
until this is taken care of.

Counselor Paulson concurred that it should be discussed in executive session noting that
inclement weather and collection of evidence is of time concern.

COMMISSIONER HERSCHEND
CITY OF BRANSON PROJECTS

Commissioner Herschend noted that he was going to have a meeting with the Mayor of
Branson regarding keeping the county in the loop when a project is bordering a county road.

COMMISSIONER STRAHAN
WEATHER ISSUE

Commissioner Strahan requested that Frank Preston, Road Superintendent keep the
Commission up to date on the weather since his crews would be out in the middle of it.
Commissioner Strahan added that it would help when determining if the Courthouse should be
closed. Mr. Preston stated that he did not want to be responsible for that decision.
Commissioner Strahan noted that they would be more informed to make a better decision.

ACCOUNTS ALLOWED

Commissioner Pennel made a motion to approve accounts payable warrants #301640 -
#301795, manual warrants #4774 - #4776. Commissioner Strahan seconded the motion. The
motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

PRIOR MINUTES

Commissioner Pennel made a motion to approve prior Commission Minutes dated
1/14/08 and 1/17/08. Commissioner Herschend seconded the motion. The motion passed by
vote: Pennel (yes), Herschend (yes), Strahan (yes).

RECESS
10:00 a.m.

RECONVENE
10:10 a.m.

EXECUTIVE SESSION

Commissioner Herschend made a motion to go into executive session pursuant to RSMo.
610.021(1)(3). Commissioner Strahan seconded the motion. The motion passed by vote:
Pennel (yes), Herschend (yes), Strahan (yes).

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Commissioner Strahan made a motion to pay John Lavender for 107 hours of his 2008
vacation which will leave 40 hours to be taken. Commissioner Herschend seconded the motion.
The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

Minutes taken and typed by Tressa Luttrell.

Finish Type: 1/22/08
Submitted to Commission: 1/23/08
Commission Approved: 1/23/08

JANUARY 23, 2008 7TH DAY OF
THE JANUARY ADJOURN TERM

The County Commission met in the Commission’s Office at 9:05 a.m. pursuant to
adjourn with Chuck Pennel, Presiding and Danny Strahan, Eastern District Commissioner
present and the following proceedings were had and made a matter of record.

APPROVAL OF PAYROLL

Commissioner Strahan made a motion to approve the following payroll warrants:

General County Revenue - #103890 thru #103891, #103922 thru #103944

Road & Bridge - #103893 thru #103915

Assessment Fund - #103892, #103916 thru #103918

Transfer Station - #103919 thru #103921

Accounts Payable Warrants #301796 thru #301811, Manual Warrants #4777 thru #4778

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
1/22/08. Commissioner Strahan seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (absent), Strahan (yes).

CASEY ROAD EASEMENTS

Commissioner Strahan made a motion to approve the following road easements for Casey
Road upon the recommendation of Randy Haes, Road & Bridge Coordinator:

Donald & Loretta Anton
Michael & Janalee Quigley
Nicholas & Sally Welter
Phil Carter (4)
David Emgren/Gail Seyl POA
Charles & Connie Hyson
Jack & Madelon Kinkade
Calvin & Donna Clark
Commissioner Pennel seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (absent), Strahan (yes).

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COMMISSIONER STRAHAN
RICHARD HAINES

Commissioner Strahan stated that he had spoken with Richard Haines who had a verbal
agreement from the County to place trees and rocks along his property rather than putting up a
fence, while working on a County Road, however the County staff failed to leave rocks and trees
to serve as a natural fence. Commissioner Strahan commented that Mr. Haines is now requesting
that a fence be put up because there have been some problems with four-wheelers and property
theft.

Commissioner Strahan noted that since the County had not fulfilled their part did the
Commission have a problem with road & bridge installing the fence. Commissioner Pennel
stated he had no problem.

RECESS
9:25 a.m.

Minutes taken and typed by Tressa Luttrell.

RECONVENE
3:00 p.m.

The County Commission reconvened at the Construction Entrance on the back side of
Industrial Park Drive in Hollister at 3:00 p.m. with Chuck Pennel, Presiding and Ron Herschend,
Western Commissioner present and the following proceedings were had and made a matter of
record.

SYCAMORE LOG CHURCH ROAD

The County Commission met with Frank Preston, Road Superintendent, Tom Boyce and
the staff with Boyce and Rozell Engineering to discuss Sycamore Log Church Road.

A general discussion ensued on the situation where Boyce’s blasting crew damaged
Sycamore Log Church Road. Mr. Boyce explained that he had a conversation with Sam Yarnell
from the Taney County Road Department offering to fix the road and provide a letter to that
effect. Mr. Yarnell had declined the letter. However, Mr. Preston asked that the County receive
a letter detailing the work to be done and set a May 1, 2008 completion date. A discussion
regarding the placement of an electronic board sign notifying the public about the repair plan
was had as well.

RECESS
3:25 p.m.

Minutes taken by Ron Herschend and typed by Tressa Luttrell.

Finish Type: 1/23/08
Submitted to Commission: 1/24/08
Commission Approved: tabled 1/28/08
Re-Submitted: 1/30/08
Commission Approved:1/30/08

JANUARY 28, 2008 8th DAY OF
THE JANUARY ADJOURN TERM

The County Commission met in the Associate Circuit II Courtroom at 9:02 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 Rob Owen followed by the pledge.

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COMMISSIONER PENNEL
BRIDGE SURVEYS

Commissioner Pennel reported that there have been many surveys filled out. The main
message that was received from the citizens of Taney County was the need for a new bridge, but
not to close the existing one. Commissioner Pennel sent out his appreciation for all the
opinions/ideas that were communicated.

Commissioner Pennel made a statement that the survey boxes were going to be picked
up, but encouraged the citizens of Taney County to continue communicating their ideas/opinions.

COMMISSIONER HERSCHEND
ANNUAL REPORT OF COUNTY OFFICIAL COMPENSATION DOCUMENTS
SENT BY THE COUNTY CLERK

Commissioner Herschend suggested to Donna Neeley, County Clerk that she contact
each Elected Official to verify they received their document as it was, when sending out internal
documents, as it went through the postage meter with no addresses. Ms. Neeley responded by
saying that there must have been a misunderstanding within her office. Commissioner
Herschend thanked Clerk Neeley for taking the time to listen to his suggestion.

Commissioner Herschend stated that he wanted to discuss another issue. Since it was not
posted, there will not be any type of vote. Commission Herschend wondered why only 5
municipalities applied for the Road Sharing Project. He stated that last year all 9 municipalities
participated. Commissioner Strahan suggested that the Commission discuss this issue in a Work
Session. A general discussion ensued.

COMMISSIONER STRAHAN
EASTERN TANEY COUNTY TRANSPORTATION/FEDERAL FUNDING

Commissioner Strahan announced that U.S. Representative Jo Ann Emerson will be
traveling to Taney County to meet with the Commission on Thursday, January 31, 2008 to
discuss funding for the bridge. Her staff will also accompany her at this meeting. Commissioner
Strahan expects a great crowd for this event. All Commissioners agreed that this issue is
extremely important and it affects the entire county. A general discussion ensued about the
affects of the bridge.

TRESSA LUTTRELL – COUNTY ADMINISTRATOR
PATROL CAR BID

Ms. Luttrell stated that she went out for bid on Patrol Cars. The bid was for 1
Dodge Magnum and 9 Dodge Chargers. Tri-Lakes Motors came in at $231, 902 and Central
Dodge came in at $230,916. $235,000 was budgeted for new patrol cars for the Sheriff’s
Department. A general discussion ensued due to the fact that the bids were only $886.00 in
difference. Commissioner Strahan made a motion to go with Tri-Lakes Motors at $231,902 to
keep the money local as that money will come back trifold.
Counselor Paulson expressed his concern as to whether this was the best bid.
Commissioner Herschend questioned if this would hinder our ability to receive any bids outside
the county.
Jimmie Russell, Sheriff, commented that if you factor in the drive time for delivery or
warranty work more than covers the difference. Counselor Paulson noted that he did feel better
with that information.
Commissioner Pennel seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (yes).

PUBLIC COMMENT

Bob Schanz applauded the fact that the County Commission minutes were printed in the
paper. He commented that it was the greatest thing put in the paper.

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Art Beck stated that TCAD is extremely low on first responders. This is a basically a
volunteer position, it only pays $5.00 per call. Commissioner Herschend asked what exactly
does a First Responder do. Art responded by saying the First Responder is the first person on the
scene and assesses the situation as to whether who gets called to the scene. Art also stated that if
the Commissioners knew of anyone that would be interested to please contact Kevin Tweedy or
Kent Vanderpool.

DONNA NEELEY – COUNTY CLERK
MAS 90

Clerk Neeley stated that she needed to gain access to MAS90 to finish her reports.
Tressa Luttrell, County Administrator, scheduled a Work Session with Clerk Neeley and the
Commissioners for February 4, 2008. Clerk Neeley communicated that that would not work due
to the fact that it is the day before the election. Commissioner Herschend asked Ms. Luttrell to
reschedule her Work Session.

ACCOUNTS ALLOWED

Commissioner Strahan made a motion to approve accounts payable warrants #301812-
#301874. Commissioner Herschend seconded the motion. The motion passed by vote:
Pennel (yes), Herschend (yes), Strahan (yes).

PRIOR MINUTES

Commissioner Pennel made a motion to tabled prior Commission minutes dated
1/23/2008, as the section regarding Mr. Haines needed to be reworded. Commissioner
Herschend seconded the motion. The motion passed by vote: Pennel (yes), Herschend (yes),
Strahan (yes).

RECESS
9:34 a.m.

EXECUTIVE SESSION

Commissioner Herschend made a motion to go into executive session pursuant to RSMo
610.021(1)(12). Commissioner Pennel seconded the motion. The motion passed by vote:
Pennel (yes), Herschend (yes), Strahan (yes).

Minutes taken and typed by Nikki Lawrence.

RECONVENE
11:32 a.m.

DAWN ERICKSON
IDA UPDATE

Dawn Erickson, Interim IDA Director met with the Commission to provide an update on
the projects she has been working on.

Ms. Erickson noted that there are two major projects in which she was working on; one
being the Workforce Housing Summit which will be February 21st at Presley’s Theatre from 9-
12. Ms. Erickson added that she would be spending funds for the invitations as well as postage.
The other companion project is tax credit on housing and added that they had built a data base
for lobbying purposes.

Ms. Erickson commented that they were thinking about some of the panelist for the
summit being the Carmichaels, HCW, the individuals putting in the project at Bull
Creek…adding that they were hoping to attract developers, finance people etc to the summit.

Ms. Erickson updated the Commission on various projects and possible prospects to
Taney County and added that she had attended a meeting for Rockaway Beach’s Economic
Development where Donna McCoy was the speaker. There seems to be a lot of talk about Lake
Taneycomo and the difficulty of people getting together.

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Commissioner Herschend stated that the Commission had addressed the water quality
issue 4 or 5 years ago and thought that that was the solution. The algae is a sewer issue and it
should be cleaned up when they fix their plant.

Lisa Owen asked if anyone had taken advantage of the septic reimbursement.
Commissioner Pennel noted that they were on City Sewer. Commissioner Herschend stated that
the problem is their sewer plant.

Commissioner Herschend commented that he would like to have an understanding…and
added that he would ask Ms. Erickson to give the Commission her recommendations. Ms.
Erickson noted that she would come back the next time with some specific requests.

Commissioner Pennel commented that maybe the County should have Ms. Erickson look
at the feasibility of the issue and if it can even be achieved.

Commissioner Herschend stated that unless he has missed a meeting, he thought that the
Commission approved for them to work on two projects and today we here that they have
attended a meeting in Rockaway…all of these things she is working on is without the
Commission’s approval. Commissioner Pennel stated that he had spoken with Cy Murray and
let them know that the Commission would have a more hands on involvement and that things
would need to be cleared through the Commission first.

Ms. Erickson commented that there hasn’t been a lot of work done but that she was just
returning phone calls that have come in…if the Commission doesn’t want them to take care of
the phone calls… Commissioner Pennel stated that he didn’t think they wanted to ignore the
phone but that the issues should be brought to the Commission.

Commissioner Herschend added that he would suggest Ms. Erickson work on the two
issues at hand and provide a listing of the phone calls and then the Commission can say what
should be done. Commissioner Pennel noted that Ms. Erickson could continue to answer the
phone calls but to be frank with them about the situation. Commissioner Herschend added that
the County was in the process of reorganizing the IDA at the County level.

Ms. Erickson asked if they had a timeline for the transformation. Commissioner
Herschend stated that he didn’t know…the County may pull together with some other
organizations and pool the resources but the County needs to talk about the restructuring.

A general discussion regarding the goals of the summit, adequate workforces as well as
adequate housing ensued.

The Commission did request that the invitation list for the summit be submitted to the
Commission for their perusal.

RECESS
12:36 p.m.

RECONVENE
1:32 p.m.

TRESSA LUTTRELL / FRANK PRESTON
WORKSESSION

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

1. Great River Engineering contract: Ms. Luttrell presented the Commission with a contract for
engineering services with Great River Engineering for the Casey Road Project.

Commissioner Herschend commented that the County normally didn’t have inspections
on road projects. Mr. Preston stated that typically no, but with this project there is so many
homes as well as the size of the project. Mr. Preston noted that he felt it was needed.

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Commissioner Pennel made a motion to approve the contract for Great River Engineering
for construction phase services and construction staking for Casey Road Improvements at a not
to exceed rate of $115,000. Commissioner Strahan seconded the motion. The motion passed by
vote: Pennel (yes), Herschend (yes), Strahan (yes).

2. Staging area at Casey Road: Ms. Luttrell stated that Randy Haes, Road Coordinator had
requested that the Commission approve the payment of the staging area for Casey Road.

Commissioner Pennel made a motion to approve the payment of $2,000.00 for the
staging of Casey Road project on the Degraffenreid property. Commissioner Strahan seconded
the motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

3. Stormwater Pollution Prevention Plan: Ms. Luttrell presented the Stormwater Pollution
Prevention Plan for the Casey Road Project. Mr. Preston noted that on bigger construction
projects you are required to place the fencing etc. so that materials don’t run off and get into the
sewer, water etc.

Commissioner Herschend made a motion to approve the Stormwater Pollution Prevention
Plan for the Casey Road Project. Commissioner Strahan seconded the motion. The motion
passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

4. Tool Inventory: Ms. Luttrell stated that in previous meetings the Commission had discussed
having the Auditor conduct a tool inventory for road & bridge but had not seen anything go out.
Commissioner Herschend had suggested sending a letter out for the request. Ms. Luttrell
presented a draft copy for the Commission’s perusal.

Commissioner Herschend suggested that Mr. Preston look into a policy regarding
penalties for tools going home without permission. Commissioner Strahan noted that possibly
suspension for the first occurrence and then termination.

5. Road Policy: Ms. Luttrell commented that in a Commission Meeting the Commission
discussed the possibility of having a policy for timelines on petitions and vacations. Ms. Luttrell
reviewed the policies and submitted a possible change to the “New Road Policy” to address the
road petitions; however the road vacations may need to be something the Commission addresses
when reading the vacation the first time.

The Commission and Mr. Preston edited the document which will be corrected and
submitted for final approval.

6. Road & Bridge Sharing Projects: Ms. Luttrell presented the projects submitted thus far for
the 2008 monies.

Commissioner Herschend made a motion to approve $31,000.00 for the Village of
Bradleyville for the Church Street project and to look at additional funding when the remainder
of the application comes in. Commissioner Pennel seconded the motion. The motion passed by
vote: Pennel (yes), Herschend (yes), Strahan (yes).

Commissioner Herschend made a motion to approve $50,000.00 for the City of Branson
for the purchase of a tar melting machine. Commissioner Pennel seconded the motion. The
motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

Commissioner Strahan made a motion to approve $50,000.00 for the Village of Bull
Creek for work on Liberty, Independence, Roman and Kemp. Commissioner Pennel seconded
the motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

Commissioner Strahan made a motion to approve $50,000.00 for the City of Forsyth for
the VinVilla, Gym Road project. Commissioner Pennel seconded the motion. The motion
passed by vote: Pennel (yes), Herschend (no), Strahan (yes).

Commissioner Herschend noted that he felt the City was double dipping. Commissioner
Pennel disagreed.

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Commissioner Strahan made a motion to approve $50,000.00 for the Village of Merriam
Woods for the Driftwood and West Gate Road project. Commissioner Herschend seconded the
motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

Commissioner Herschend made a motion to approve $50,000.00 for the City of
Rockaway Beach for the repaving of City Streets project. Commissioner Strahan seconded the
motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

The County Commission requested that Ms. Luttrell send a memo to those entities that
had not submitted a project noting that they would extend the application process as well as
making a follow-up phone call.

7. Emergency 911 Grant: Ms. Luttrell presented letters of support to the Commission that was
requested by Sean Barnwell who is working on the grant for the White River Emergency
Communications Project. Ms. Luttrell added that Mr. Barnwell had requested to pick them up
this afternoon for their submittal deadline.

The County Commission reviewed said request but stated that at this time with the
funding issues for transportation, they couldn’t sign the letter.

8. Transportation Committee: Ms. Luttrell asked the Commission if they were still wanting to
form a Transportation Committee as this issue had not been finalized.

Commissioner Herschend made a motion to invite David Miller, Bob Simmons, Jeff
Woods, Jim Youngblood, Christina Schanda and Rick Davis to be members of the Taney County
Commission’s Transportation Committee looking to help the County develop a transportation
plan. Commissioner Pennel noted that this has been a very public issue and asked that
Commissioner Herschend withdraw his motion and post the issue specifically. Commissioner
Herschend withdrew his motion.

The Commission requested that the issue be posted for the Wednesday meeting.

9. MoDot Request: Ms. Luttrell presented a letter from MoDot requesting them to be allowed to
sign Taney 165 from the new Hollister Interchange, on the south, to its intersection with State
Route 248 on the north which would require the Commission’s signature.

The Commission questioned what the look of the sign would be. Mr. Preston indicated
that he had seen a picture and was recommending approval, however if the Commission wanted
to hold off, he would go back to Mr. Becker from MoDot. The County Commission signed the
requested letter.

10. Richard Melton: Mr. Preston informed the Commission that he would be contacting Richard
Melton to let him know that he would not be offering him a position with Planning & Zoning.

Commissioner Herschend asked for his reasoning. Ms. Luttrell reminded the
Commission that the tape was on and this was a personnel issue. Mr. Preston commented that he
had checked his references and based his decision upon that.

11. Bee Creek Guardrail: Mr. Preston informed the Commission that the guardrail has been
installed and added that there was Sheriff’s Department presence for the project.

Commissioner Strahan asked if Mr. Preston would be keeping track of that for the back-
up information regarding the transferring of road & bridge funds for road patrol. Mr. Preston
indicated yes.

12. Hillside Petition: Mr. Preston informed the Commission that the last easement has been
signed and inquired as to the approval of the petition.

The Commission noted that the petition was approved contingent upon the acquirement
of easements.

13. 2008 Road Projects: Mr. Preston again reminded the Commission for input regarding the
2008 Road Project List.

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14. Road Standards: Mr. Preston indicated that the Commission had received an electronic copy
of the road standards and again requested the Commission’s input.

15. Buena Vista: Mr. Preston indicated that he had revised plans for Buena Vista and would
bring them to Commissioner Herschend to review.

16. Board of Adjustment: Mr. Preston informed the Commission that there were two vacancies
on the Board of Adjustment; Bob Anderson and Tim Huddleston.

Ms. Luttrell commented that Bob Anderson’s term was up January 2007 and Dave
Clemensons term was up January 2008. Commissioner Pennel stated that he had received a
letter from Mr. Huddleston regarding his resignation from the board.

17. Bateman off of Gladetop Trail: Mr. Preston informed the Commission that Bateman off of
Gladetop Trail has had a request for improvement as the Boy Scouts/Cub Scouts are planning to
put a summer camp in along that road.

18. Nuisance Ordinance: Mr. Preston addressed the Commission regarding an idea Keith
Crawford, from Planning & Zoning, had regarding the Nuisance Ordinance.

Mr. Preston stated that Mr. Crawford has suggested that he conduct the research on
behalf of the Commission, as he is already out in the field, for the nuisance ordinance and
forward that information along with a standard letter to the Commission for approval. Mr.
Crawford thought that this would address the issue of the Commission being responsible for the
Ordinance.

19. Bridge Reports: Mr. Preston noted that he had contacted MoDot to receive a copy of the
bridge inspection reports and has pulled all the ones that needed concrete attention. Mr. Preston
added that he has created approximately 13 work orders for Charlie.

20. Protem/Cedarcreek Continuation: Mr. Preston commented that he would like for
Commissioner Strahan to go look at the progress of the Protem/Cedarcreek and added that Randy
is working on the easements for the road.

Commissioner Strahan noted that the easements are going to be received not so we can
continue to work on but so that it is available to work on when there is nothing else to do. Mr.
Preston noted that it is used as a fill in project.

21. Specifications for Mechanic Building: Mr. Preston informed the Commission that the
specifications have been delivered to Ms. Luttrell for the purchase and erection of a 40’ x 60’
metal building. Mr. Preston estimated the costs being $30,000.00.

22. Mechanics work tracking system: Mr. Preston stated that he is having trouble getting any
information from either of the mechanic shops so Kathy Roberts is working on a program that
will allow us to track costs per unit. This should be installed within the next week.

23. Joint Meeting: Mr. Preston stated that our Planning & Zoning would like to meet with both
the City of Hollister and the City of Branson’s Planning Department as it is a great networking
tool. Mr. Preston added that if the Commission was ok with that he would contact both Cities to
see if they would be interested.

Commissioner Herschend stated that he would suggest the County hosting the meeting
and cook burgers or something.

Mr. Preston further commented that when an individual comes in for a permit, depending
upon who gives you the information, it is not always the same so he has asked Planning &
Zoning to create a flow chart that can be handed out telling individuals what is needed and
required.

24. Incentive Suggestion Program: Mr. Preston commented that in other places that he has
worked they had incentives for good suggestions. For instance, if they had a good suggestion the

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employee would receive a cup but if their suggestion saved a lot of money, they were rewarded
with $1,000. Mr. Preston added that he thought it would be a good idea.

25. Road Inspector: Mr. Preston presented a report to the Commission that he had been working
on for several days showing recent projects and the cost for those projects. Mr. Preston added
that this information could be input in the Carte’ Graph program and spit out in a few minutes.
Mr. Preston added that the more the County uses Carte’ Graph the better the information.

Mr. Preston stated that Commissioner Strahan had wanted some time to think about the
position some more and was once again bringing it up. No action was taken.

GALLAGHER BASSETT
WORKERS COMPENSATION

Mike Richards, Devon Young and Bob Holthaus all representing Gallagher Bassett met
with the Commission to discuss the recent possibility of the County cancelling their enrollment
with Gallagher Bassett for Workers Compensation.

A discussion regarding how the program works and their desire to continue to serve
Taney County was had. The Commission indicated that they would take the information and ask
better questions to the company that had presented a better quote before making a decision.

GARY MORGAN
EMPLOYEE ISSUE

Commissioner Strahan made a motion to approve Joe Blackerby at 20 hours a week,
contract labor in place of the additional full time employee for the IS Department.
Commissioner Herschend seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (yes).

RECESS
4:55 p.m.

Minutes taken and typed by Tressa Luttrell.

Finish Type: 1/29/08
Submitted to Commission: 1/30/08
Commission Approved: 2/13/08

JANUARY 29, 2008 9TH DAY OF
THE JANUARY ADJOURN TERM

The County Commission met at Bailey’s Café in Theodosia at Noon pursuant to adjourn
with Chuck Pennel, Presiding and Danny Strahan, Eastern District present and the following
proceedings were had and made a matter of record.

MINIMUM FLOW

The County Commission attended a presentation conducted by the Arkansas Game &
Fish Commission concerning the White River minimum flow issues.

RECESS
2:30 p.m.

Minutes typed by Tressa Luttrell.

Finished Type: 1/30/08
Submitted to Commission: 1/30/08
Commission Approved: 2/11/08

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JANUARY 30, 2008 10TH DAY OF
THE JANUARY ADJOURN TERM

The County Commission met in the County Commission’s Office at 9:09 a.m. pursuant
to adjourn with all members present and the following proceedings were had and made a matter
of record.

TIM CONNELL / LYNETTE WEATHERFORD
WORKERS’ COMPENSATION

The County Commission met with Tim Connell and Lynette Weatherford, representing
Connell Insurers, to discuss the recent issue of the County’s workers’ compensation.

After a lengthy discussion, the Commission requested that Mr. Connell present a letter
from Missouri Rural Services noting that the deviation factor would not go more than “0”. Mr.
Connell stated that he was sure he could get a letter to that effect and would also verify his
information with the State.

Commissioner Herschend added that this change would be roughly $10,000 a month in
savings. Auditor Findley commented that he would like to do a comparison prior to making any
decision.

The Commission asked for the issue to be posted on Friday.

RECESS
9:51 a.m.

RECONVENE
10:17

EMERGENCY 911 GRANT
SEAN BARNWELL

The County Commission met with Sean Barnwell, Dave Gyger and Chris Berndt,
members of the Taney County Emergency 911 Advisory Board to discuss the recent request for a
letter of support for the White River Emergency Communications Project.

Commissioner Herschend asked what Commissioners Pennel and Strahan had found out
regarding asking for both funding issues (the grant and transportation funding). Commissioner
Pennel commented that he didn’t pick up on that, just that it was a 2 million dollar request and
that they wasn’t going to get it.

Mr. Barnwell commented that the grant writer has stated that it wouldn’t even come from
the same monies. Commissioner Strahan added that they were not very encouraging when they
spoke with us…not sure if it was the amount of money…they just said that you wasn’t going to
get the funding. A general discussion regarding the process ensued.

Commissioner Herschend made a motion to approve the support letter as presented and
ask that it be distributed once he has spoken with Congressman Blunts office. Commissioner
Pennel seconded the motion. The motion passed by vote: Pennel (yes), Herschend (yes),
Strahan (yes).

PRIOR MINUTES

Commissioner Pennel made a motion to approve prior Commission Minutes dated
1/23/08. Commissioner Herschend seconded the motion. The motion passed by vote: Pennel
(yes), Herschend (yes), Strahan (yes).

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Commissioner Strahan made a motion to table 1/28/08. Commissioner Pennel seconded
the motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

RECESS
10:58 a.m.

EXECUTIVE SESSION

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

Commissioner Pennel made a motion to approve the funding for the filing fee on the
Bush Nuisance Case for a Motion of Contempt. Commissioner Herschend seconded the motion.
The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

Commissioner Pennel made a motion to approve the Tax Maintenance Plan as assembled
by the County Counselor and the Assessor. Commissioner Herschend seconded the motion. The
motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

Commissioner Pennel 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).

RECONVENE
11:32 a.m.

CEMETERY RESOLUTION

Counselor Paulson noted that Eddie Coxie with Planning & Zoning had contacted the
Planning & Zoning Commission noting that 6 of the board members had no problem with
approving the issue and added that the remainder of the board members just wanted to make sure
that the issue came before Planning & Zoning.

Counselor Paulson further commented that a trust would have to be formed and by statute
it is the County Clerk’s responsibility to keep track of those trusts.

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

(INSERT RESOLUTION)

GRANT SUPPORT LETTER
FOLLOW-UP

A general discussion regarding Commissioner Herschends phone call to Congressman
Blunts office was had. Commissioner Herschend noted that in speaking with Mr. McIntosh, this
isn’t a grant, they are asking for legislation to get funding.

Commissioner Herschend added that Mr. McIntosh commented that they would come
back to the County asking for the County to prioritize the requests, and I don’t see this as a
priority. Commissioner Herschend stated that the grant writer should be writing a grant…that is
what we approved funding for…not lobbying for funds. At this point, I would not send the
letter. Commissioner Herschend stated that he didn’t feel good about it at this time as it seems
we would be competing with ourselves for funding.

Commissioner Strahan agreed regarding not sending the letter if that is the stance they are
going to take because he didn’t want anything to interfere with possible transportation assistance.

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Commissioner Herschend made a motion that Sean Barnwell be notified and that the
Commission rescind approving the letter. Commissioner Strahan seconded the motion. The
motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

RECESS
11:55 a.m.

Minutes taken and typed by Tressa Luttrell.

Finish Type: 1/31/08
Submitted to Commission: 1/31/08
Commission Approved: 2/11/08

FEBRUARY 1, 2008 11TH DAY OF
THE JANUARY ADJOURNED TERM

TANEYCOMO BRIDGE MEETING

The meeting was held at the Missouri Department of Transportation Headquarters office
in Springfield, Missouri at 10:00 a.m. Chad Zickefoose, Commissioner Strahan, Commissioner
Pennel, Commissioner Herschend, Kirk Juranus, David Miller and Gary Groman were present.

Chad Zickefoose led a general discussion on the cost of the project, which party was
responsible for each aspect of the presentation including financial responsibilities.

After the discussion above, Mr. Groman asked for a timeline on steps and processes.
There were also comments made on other sources of funds, including private donations and
federal funding.

The bridge discussion concluded and Commissioner Herschend asked if MoDOT would
be willing to review/brief a road design by one of the counties outside vendors. Commissioner
Herschend went on to say that Taney County staff had questions and that we needed a neutral
party to review the plans. Both Kirk and Chad said that they could provide a couple of hours to
support the request. Taney County is supposed to supply them with a copy of the plans.

The meeting adjourned after all parties shared their appreciation of the support of the other
parties.

RECONVENE
2:35 p.m.

The County Commission reconvened in the Commission’s Office with Chuck Pennel,
Presiding and Ron Herschend, Western Commissioner present and the following proceedings
were had and made a matter of record.

WORKER’S COMPENSATION

Commissioner Herschend made a motion to accept Connell Insurance as Taney County’s
Worker’s Compensation. This policy will take effect on 2/1/08 at $307,000. Commissioner
Pennel seconded the motion. The motion passed by vote: Pennel (yes), Herschend (yes),
Strahan (absent).

Minutes taken by Ron Herschend and Chuck Pennel, typed by Nikki Lawrence.

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FEBRUARY 4, 2008 12TH DAY OF
THE JANUARY ADJOURN TERM

The County Commission met in the Associate Circuit II Courtroom at 9:02 a.m.
pursuant to adjourn with all members present and the following proceedings were had and made
a matter of record.

Clerk Neeley approached the bench and asked if the Commissioners would amend the
agenda and let her start the meeting, due to the Election on Tuesday. Commissioner Herschend
made a motion to amend the agenda. Commissioner Strahan seconded the motion. The motion
passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

Prayer was led by Commissioner Pennel followed by the pledge.

DONNA NEELEY, COUNTY CLERK
TITLE III ISSUE

Clerk Neeley stated that she emailed the Title III Application to all 3 Commissioners.
Commissioner Pennel asked when the information was sent over. Commissioner Herschend
commented that he didn’t remember seeing it. Clerk Neeley stated that she would read the Title
III Application into record.

Pursuant to Public Law 106.393.302.1 pertaining to Title III funding for Taney County Projects. The
following projects have been submitted for review by the citizens of Taney County. The Taney County Commission
will make a decision on the projects submitted in February 2008.
Project #1: Bradleyville School purchased 22 acres of federally owned land and requested $20,000 of Title
III funds to survey and develop the property to help stop the erosion of Beaver Creek, develop agricultural plots, a
nature trail and wildlife food plots.

Bradleyville was the only municipality that turned in their application. A general
discussion ensued on how much money the county received for the year for Title III. Helen
Soutee, County Treasurer, stated it is approximately between $16,000 and $18,000.

Commissioner Strahan made a motion to award the entire amount to Bradleyville.
Commissioner Herschend seconded the motion for discussion. Commissioner Herschend
questioned how we could award the full amount without knowing how much money Taney
County would receive.

A general discussion ensued. Commissioner Strahan amended his motion to award the
total 2008 Title III money up to $20,000 to Bradleyville. Commissioner Herschend seconded the
amended motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

PERSIMMON POINT VACATE

Tom Motley, Attorney for the Petitioners, was present. Mr. Motley apologized for not
being present at the January meeting. He explained to the Commissioners that the vacate was
initially for a 30 foot road that serviced 3 lots. The owners of two of the lots have since
purchased a lot in the middle and has since taken it down to two lots. The petitioners are
requesting to vacate a portion of the road. The original agreement between the property owners
that was done in 1973, states that the road was never to be wider than 15 feet, even though it is
platted for 30 feet.

A general discussion ensued as to how the plots serviced the road by all three
Commissioners. Commissioner Herschend questioned as to why the petitioners, Mr. & Mrs.
Williams, are requesting to vacate a road that is not on their property. Counselor Paulson was
confused as to how there was even a 30 foot road when the requirements set forth by the
Planning and Zoning Commission is 40 feet in a subdivision. Mr. Motley state that in 1964 there
was a document that dedicated the road. At the time of this document there were no
requirements on the width of a road.

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Commissioner Herschend made a motion to deny the request to vacate at this time, due to
the fact that the petitioner cannot vacate someone else’s property and that it would be in violation
of Taney County Planning Guidelines. Commissioner Strahan seconded the motion. The motion
passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

CLEARWATER ACRES VACATE

Tom Motley, Attorney for Petitioner, addressed the Commissioners that he was unable to
reach Ms. Sheldon, petitioner. Mr. Motley stated that he needs to express to Ms. Sheldon that
she needs to obtain a replat, joining the three parcels and making them one parcel.

A general discussion ensued regarding the county’s road application process.
Commissioner Strahan stated that when answers are not met on a timely basis, the application
would be denied and the petitioners would have to re-apply. Commissioner Herschend stated
that there would be an exception for this particular application due to the fact that the process
was started in July, which was prior to the new ruling.

Commissioner Herschend made a motion to table this vacation until the next quarterly
date, which is in April, due to the fact that Mr. Motley was unable to get the appropriate answers
from the petitioner and the decision to change the road application process was after the initial
date of application. Commissioner Pennel seconded the motion. The motion passed by vote:
Pennel (yes), Herschend (yes), Strahan (yes).

BOB SCHANZ
TANEYCOMO BRIDGE

Bob Schanz addressed the Commission on his opinion on the Taneycomo Bridge issue.
Commissioner Pennel shared that the commission met with MoDOT on the Cost Sharing
Application. A general discussion ensued. MoDOT, Taney County, the City of Branson and the
City of Hollister are working together to find a solution.

RECESS
9:53 a.m.

RECONVENE
10:03 a.m.

COMMISSIONER PENNEL,
TANEYCOMO BRIDGE SURVEY & FUNDING

Commissioner Pennel stated that the County Commission met with MoDOT on Friday,
February 1, 2008, in Springfield, Missouri. Commissioner Pennel stated that the Cost Sharing
Application is moving forward and noted that Chad Zickefoose, with MoDOT, presented a
schedule to the County Commission, as far as a time line. The process of this application does
not happen quickly, it is a very lengthy process. Sometime this month the application will be
reviewed by the Cost Sharing Committee, along with all the other applications that have been
received. The Committee may make a decision upon reviewing or they could come back to the
County Commission with additional questions.

Donna Clevenger approached the Commission and asked for clarification on the
procedure of the Cost Sharing Committee and where it goes from here. Commissioner Pennel
explained the process.

Commissioner Pennel stated that all the survey boxes have been picked. The majority of
the responses indicated that closing the bridge would be of severe impact. The surveys are being
tabulated and are in our office if anyone would like to see them. Commissioner Herschend
stated that the public was knowledgeable and educated themselves, which the Commission as a
whole appreciates.

COMMISSIONER PENNEL
DOLLAR COIN RESOLUTION & LETTER

Commissioner Herschend read the Dollar Coin Resolution into record:

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RESOLUTION CONCERNING PRESIDENTIAL $1 COINS

WHEREAS, Congress has authorized the Presidential $1 Coin Act (Public Law 109-145) to honor our nation’s
Presidents; and

WHEREAS, many of our Presidents have both acknowledged God in public and called on Him in times of need;
and

WHEREAS, the currency of the USA both in coin and paper has acknowledged In God We Trust for many
generations; and

WHEREAS, the United States Mint has used edge-incused inscriptions of In God We Trust instead of using the
front of our coins, which has been done historically; and

WHEREAS, the United States Mint has also entirely omitted Liberty from the coin.

WHEREFORE, be it resolved that the Taney County Commission requests Congress take action to require the
Director of the United States Mint to place In God We Trust and Liberty on the front of the $1 Dollar
Presidential coin.

PASSED AND ADOPTED by the County Commissions of Taney County,
this 4th day of February, 2008.

Commissioner Herschend made a motion to approve the $1 Coin Resolution.
Commissioner Pennel seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (yes).

Commissioner Pennel stated the Commission will be sending a letter to all Federal
Representatives regarding the $1 Coin. The postage will be paid for privately. The Resolution
will also be sent along with the letter.

TRESSA LUTTRELL
BACKHOE BID AWARD

Tressa Luttrell, County Administrator, stated that bids were taken for a backhoe and three
bids were received. Frank Preston, Road & Bridge Superintendent, recommended John Deere,
due to it being the second lowest price at $72,910 and the highest five year buy back, cost minus
the buy back is $25,410.

Mr. Preston stated that the backhoe will serve as a replacement for the Transfer Station or
one that will be taken out of the West Side.

Commissioner Strahan made a motion to approve Mr. Preston’s recommendation for the
purchase of a John Deere backhoe. Commissioner Herschend seconded the motion. The motion
passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

TRESSA LUTTRELL
BULL SHOALS LAKE LAUNCHING RAMP

Ms. Luttrell stated that the County Commissioner received notification from the Corp of
Engineers that the license for a boat ramp has expired. To renew our license, it will be $310.00
and that is for five years. A general discussion ensued.

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

TRESSA LUTTRELL
NEW ROAD ADOPTION POLICY

Ms. Luttrell stated that the New Road Adoption Policy is ready for approval.
Commissioner Herschend moved for approval as amended. Commissioner Strahan wanted to
take a look at the changes. A general discussion ensued. Commissioner Strahan seconded the
motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

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TRESSA LUTTRELL
TRANSPORTATION COMMITTEE

Ms. Luttrell brought forward the Transportation Committee Appointments. The
Commission is still trying to get a hold of a couple more people. Commissioner Herschend
expressed that he would like it put back on next weeks agenda.

FRANK PRESTON

Mr. Preston was present before the Commission to talk about winter events. He stated
that he felt very good about the two major winter events that took place in the county. He felt
like his crew responded in a timely manner and he is very pleased. Mr. Preston also stated that
he would like to make a public apology to MoDOT’s Highway Department for the statements
that were made by a local newspaper that MoDOT was late on the ice storm. Mr. Preston stated
that it was not his intent to criticize, but to explain why our Road and Bridge Department was
responding to the state highways so that our own emergency vehicles could respond to accidents
that had been pending because our emergency vehicles could not get to them.

Mr. Preston commented that there are approximately 600 miles to plow in Taney County.
The most heavily traveled roads had to be plowed 2-3 times, and has created a burm in front of
some residential driveways. The Road and Bridge Department received approximately 20
complaints due to this.

RICK FINDLEY
BUDGET REPORT

Mr. Findley submitted a monthly budget report for January. He asked the Commission if
they had any questions. He will email it to the Commission Office so that it will be recorded in
the minutes.

TANEY
FUNDBALANCE COUNTY
01/31/08 BUDGET
FUND
BALANCES

PERIOD TO
DATE YEAR TO DATE
ACTUAL ACTUAL

GENERAL COUNTY REVENUE
BEGINNING BALANCE 18,628,344.77 18,628,344.77
REVENUES 2,404,759.41 2,404,759.41
- -
TOTAL REVENUES GCR 21,033,104.18 21,033,104.18
- -
TOTAL GCR EXPENDITURES 1,758,198.10 1,758,198.10
= =
TOTAL GCR FUND BALANCE 19,274,906.08 19,274,906.08

ROAD & BRIDGE
BEGINNING BALANCE 7,004,998.91 7,004,998.91
REVENUES 125,315.79 125,315.79
- -
TOTAL RB REVENUES 7,130,314.70 7,130,314.70
- -
EXPENDITURES 261,077.68 261,077.68
= =
TOTAL RB FUND BALANCE 6,869,237.02 6,869,237.02

ROAD & BRIDGE TRUST
BEGINNING BALANCE 3,693,493.95 3,693,493.95
REVENUES 714,219.37 714,219.37

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- -
TOTAL RBT REVENUES 4,407,713.32 4,407,713.32
- -
EXPENDITURES 1,205,615.21 1,205,615.21
= =
TOTAL RBT FUND BALANCE 3,202,098.11 3,202,098.11

ASSESSMENT FUND
BEGINNING BALANCE 3,099.75 3,099.75
REVENUES 283,070.60 283,070.60
- -
TOTAL AF REVENUES 286,170.35 286,170.35
- -
EXPENDITURES 69,953.26 69,953.26
= =
TOTAL AF FUND BALANCE 216,217.09 216,217.09

ELECTION FUND
BEGINNING BALANCE 31,698.41 31,698.41
REVENUES 175.26 175.26
- -
TOTAL ELECTION REVENUES 31,873.67 31,873.67
- -
EXPENDITURES 246.70 246.70
= =
TOTAL ELECTION FUND BALANCE 31,626.97 31,626.97

TRANSFER STATION FUND
BEGINNING BALANCE 747,493.99 747,493.99
REVENUES 91,335.06 91,335.06
- -
TOTAL TS REVENUES 838,829.05 838,829.05
- -
EXPENDITURES 114,046.54 114,046.54
= =
TOTAL TS FUND BALANCE 724,782.51 724,782.51

TANEY
FUNDBALANCE COUNTY
01/31/08 BUDGET
FUND
BALANCES

PERIOD TO
DATE YEAR TO DATE
ACTUAL ACTUAL

LEPC FUND
BEGINNING BALANCE 11,839.45 11,839.45
REVENUES 65.44 65.44
- -
TOTAL LEPC REVENUES 11,904.89 11,904.89
- -
EXPENDITURES 186.56 186.56
= =
TOTAL LEPC FUND BALANCE 11,718.33 11,718.33

LAW ENFORCEMENT TRAINING FUND
BEGINNING BALANCE 3,608.14 3,608.14
REVENUES 413.44 413.44
- -
TOTAL LET REVENUES 4,021.58 4,021.58
- -

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EXPENDITURES 1,584.51 1,584.51
= =
TOTAL LET FUND BALANCE 2,437.07 2,437.07

PROSECUTING ATTORNEY TRAINING
FUND
BEGINNING BALANCE 6,364.77 6,364.77
REVENUES 134.25 134.25
- -
TOTAL PAT REVENUES 6,499.02 6,499.02
- -
EXPENDITURES 175.00 175.00
= =
TOTAL PAT FUND BALANCE 6,324.02 6,324.02

COUNTY INSURED FUND
BEGINNING BALANCE 96,313.14 96,313.14
REVENUES 612.23 612.23
- -
TOTAL COUNTY INSURED REVENUES 96,925.37 96,925.37
- -
EXPENDITURES 6,723.21 6,723.21
= =
TOTAL COUNTY INSURED FUND
BALANCE 90,202.16 90,202.16

911 FUND
BEGINNING BALANCE 1,099,556.88 1,099,556.88
REVENUES 48,880.48 48,880.48
- -
TOTAL 911 REVENUES 1,148,437.36 1,148,437.36
- -
EXPENDITURES 7,352.80 7,352.80
= =
TOTAL 911 FUND BALANCE 1,141,084.56 1,141,084.56

USE TAX

TANEY
FUNDBALANCE COUNTY
01/31/08 BUDGET
FUND
BALANCES

PERIOD TO
DATE YEAR TO DATE
ACTUAL ACTUAL

SEWER FUND
BEGINNING BALANCE 23,082,218.45 23,082,218.45
REVENUES 2,607,954.30 2,607,954.30
- -
TOTAL SEWER REVENUES 25,690,172.75 25,690,172.75
- -
EXPENDITURES 978,306.45 978,306.45
= =
TOTAL SEWER FUND BALANCE 24,711,866.30 24,711,866.30

SEWER DESIGNATED FUND
EXPENDITURES

= =
TOTAL ALL SEWER FUNDS 24,711,866.30 24,711,866.30

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= =

SHERIFF CIVIL FUND
BEGINNING BALANCE 97,171.17 97,171.17
REVENUES 2,322.53 2,322.53
- -
TOTAL SHERIFF CIVIL REVENUES 99,493.70 99,493.70
- -
EXPENDITURES 1,404.80 1,404.80
= =
TOTAL SHERIFF CIVIL FUND BALANCE 98,088.90 98,088.90

TAX MAINTENANCE FUND
BEGINNING BALANCE 111,445.25 111,445.25
REVENUES 2,967.23 2,967.23
- -
TOTAL MAINTENANCE FUND REVENUES 114,412.48 114,412.48
- -
= =
TOTAL MAINTENANCE FUND BALANCE 114,412.48 114,412.48

COMMISSIONER HERSCHEND

Commissioner Herschend stated that he would like to set up a work session with Sheriff
Russell, Commissioners, and John Lavender for this afternoon. There was an issue with sewage
that was expelled on the sidewalk from the jail. Commissioner Herschend stated that it was an
emergency situation.

ACCOUNTS ALLOWED

Commissioner Pennel made a motion to table approval of accounts payable and approval
of minutes until 4:00 p.m. today. Commission concurred. . The motion passed by vote: Pennel
(yes), Herschend (yes), Strahan (yes).

PAYROLL

Commissioner Pennel made a motion to approve payroll.

General County Revenue #103974 through #103996

Road & Bridge #103982 through #103967

Assessment Fund #103968 through #103970

Transfer Station #103971 through #103973

Accounts Payable Warrants #301988 through #302000, Manual Warrants #4780 through #4781

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

Minutes taken and typed by Nikki Lawrence.

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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 had and no votes were taken.

RECONVENE
11:23 a.m.

MARK PARENT
AIRPORT HANGAR BID AWARD

Mark Parent, Airport Manager met with the Commission to present the Airport Board’s
recommendation for the purchase and erection of an airport hangar.

Mr. Parent noted that the board has accepted to recommend Cornerstone Building
Company L.C. as they were significantly lower. Mr. Parent further stated that the board worked
with Cornerstone to possibly lower the costs even more. One being that they took out the cost of
the steel from their performance bond…the steel will be purchased outright. We also changed
the gable of the roof to run lateral rather than parallel. With the changes their proposal went
from $667,000 to $621,000.

Mr. Parent also presented the Commission with the following:

1. A proposed draw down schedule for the hangar.

2. An estimated revenue breakdown noting that it could possibly become a profit generator for
the airport as well as additional fuel sales.

3. A list of individuals on the waiting list for hangar storage.

Commissioner Strahan asked if Mr. Parent had a time frame listed on his waiting list.
Mr. Parent noted that he did not as they weren’t sure if the Commission was going to approve the
project or not, however we do have letters of intent.

A general discussion regarding the proposed funding of the hangar ensued.
Commissioner Herschend made a motion to accept the proposal from Cornerstone Building
Company L.C. for the erection of the hangar under the condition that there is no commitment of
expenditures until the financing is awarded. Commissioner Pennel seconded the motion.

Commissioner Herschend stated that he has never heard of a bank being able to do what
we are asking them to do. We are asking them basically to be a developer. Commissioner
Herschend added that if they can do it without putting the county or the airport at risk then I am
excited for the airport.

Mr. Parent stated that he would equate this like funding for a small business loan where
you have to show your financial plan and added that they would see if the banks are willing to
step up.

Commissioner Pennel commented that he would like the bid to be reviewed…so that it is
clear to them that we don’t want any encumbrance except for that building.

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

CENTURYTEL CONTRACTS

Ms. Luttrell stated that Nikki Lawrence had taken the Centurytel contracts to the County
Clerk and she refused to sign them stating that the Commission needed to make another motion
approving the changes. Ms. Luttrell added that the motion was approved contingent upon
Counselor Paulson getting all the changes worked out. But since Counselor Paulson needs this
done today, and we are not posted, he wrote out a statement for the minutes.

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Commissioner Pennel read: The Taney County Commission on a previous date made a
motion to approve the Centurytel Ethernet Contract Agreement and incorporate the changes
County Counsel listed to the Commission on that occasion with the split on the agreement to two
agreements. The documents were prepared and signed by the Presiding Commissioner and now
the County Clerk is refusing to attest to the Presiding Commissioner’s signature unless the
County Commission votes again on the matter now that the changes have been added to the
agreement. Due to the need to have the agreement to Centurytel today it is necessary that the
Commission take up this matter without 24 hours notice to approve again so that it can be
attested to the Presiding Commissioners signature.

Commissioner Herschend made a motion that all three Commissioners sign the contract
so that Commissioner Strahan and I are attesting to Commissioner Pennel signing the contract
since the Clerk refuses to do something. Commissioner Strahan seconded the motion.

Commissioner Strahan noted that he would like something in writing from the
Clerk…gentlemen we have reached a point to where we can’t even get our own
decisions…contracts, and it’s unfair to our attorney that works on projects that we request and it
come to the final deadline and the Clerk hasn’t acted upon her duties.

Commissioner Herschend phoned the County Clerk to inquire about the situation. The
County Clerk stated she just needed a copy of the minutes. Ms. Luttrell noted that she has all the
minutes. The County Clerk then asked what date it was. Ms. Luttrell stepped out of the room to
locate the date. After the phone conversation, Commissioner Herschend stated that from now
on, should the County Clerk refuse to do something, staff should contact one of the
Commissioner’s and let them pick up the phone and ask the Clerk if she is refusing to do
something so that you and Bob aren’t wasting time based on a misunderstanding.

Commissioner Strahan commented that shouldn’t we receive things in writing and added
that neither Bob nor himself had received the Title III documents that the Clerk stated she sent
over.

Commissioner Herschend rescinded his motion. Commissioner Strahan rescinded his
second.

Commissioner Herschend stated that he would move that the Commission send the
County Clerk a request, in writing, that any time she refuses to attest or do anything statutorily
she notifies the Commission in writing as to why so that the Commission can take the
appropriate action. Commissioner Strahan seconded the motion. The motion passed by vote:
Pennel (yes), Herschend (yes), Strahan (yes).

RECESS
12:07 a.m.

RECONVENE
1:44 p.m.

FORSYTH/TANEY COUNTY PARK

Counselor Paulson stated that Dave Oliphant, Forsyth City Alderman had come to him
and brought a concept for a City/County Park and asked for a contract. Counselor Paulson added
that he got the impression that it would be a County park run by the City.

Commissioner Strahan noted that he thought the dugouts and lighting would all be done
by the City. Commissioner Herschend commented that he did share that conceptually sharing
the park made sense to him…Mr. Oliphant is truly envisioning a county park. My only question
is why are we drafting a contract and added that he sensed there was an urgency.

Counselor Paulson noted that there was a reason for urgency. Commissioner Herschend
questioned why the County Counselor was drafting a contract. Commissioner Pennel asked
why we wouldn’t be leaving it as a City park…why would the County want to own a City park.
Counselor Paulson stated that the County would be spending funds on the park.

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Ms. Luttrell noted that there would be a swimming pool…what would the County’s
liability be. Counselor Paulson noted that Mr. Oliphant didn’t mention a pool. Commissioner
Strahan stated that it was mentioned to him…we would just be doing the 17 acres and would
have no ownership or liability but added that he didn’t think that it was timely.

A general discussion regarding funding, grants and City versus County Park ensued.

FRANK PRESTON
VARIOUS ISSUES

Frank Preston, Road & Bridge Superintendent met with the Commission to discussion the
following:

1. Tool Inventory: Mr. Preston stated that he wanted direction of what the Commission was
asking for with the letter to the Auditor regarding conducting a tool inventory.

Commissioner Herschend noted that he envisioned that we do create a base line and go
back to what has been spent…we may find that we are comfortable with what has been spent.
Commissioner Pennel stated that his idea was to inventory what we have…15 phillips, crescent
wrench etc.

Auditor Findley commented that he didn’t think that they could get the inventory done in
the timeline set out in the letter. Commissioner Pennel continued noting that he didn’t see why
we didn’t take digital photos so you can see what’s there.

Auditor Findley stated that he just needed direction. Commissioner Strahan commented
that he thought the sole purpose is that at this time we have a tool specific inventory…the
likelihood of those disappearing…then if we see something out of whack go back and look at it.

Commissioner Herschend noted that this was initiated because we are spending more and
more money on tools. Commissioner Strahan added that he thought this would do wonders for
the workforce. Commissioner Pennel agreed.

Auditor Findley stated that he would bet that there is a lot of road & bridge with tape
measures at home. Commissioner Herschend stated that this would provide a tool…when a
requisition comes through you could check it out rather than waiting a year for inventory.

Commissioner Herschend added that it tells the guys that we are looking. Commissioner
Pennel noted that he would like to see the brand of the tool on the inventory as well.

EMERGENCY 911 GRANT
SEAN BARNWELL

The County Commission met with Steve McIntosh, representing Congressman Blunt,
Sean Barnwell and Kent Vanderpool, Emergency 911 Advisory Board Members, Jimmie
Russell, Sheriff and Jeff Merriman representing Trotter & McIntosh.

Commissioner Herschend stated that he was concerned about double dipping as this is
not a grant…it’s lobbying, this probably isn’t the time along with the bridge request for funding.
Commissioner Pennel noted that the goal for this meeting would be for the Commission to
decide if we want to send a letter to apply for this appropriation earmark. Commissioner Pennel
further noted that he was comfortable, that while talking with Stacey that it won’t harm us…does
Taney County want to be the applicant or do we want the City of Branson. But I got the feeling
that it would be better coming from Taney County.

Mr. McIntosh noted that there is a difference with a grant and an appropriation…what we
are asking is that they go through the budget authority for support which is the County
Commission. We will come back and ask for the Commission to give us a priority list. Mr.
McIntosh added that with this one the amount is extremely high…just can’t do it. There is a
difference between grants and earmarks within a grant. If you are paying a grant writer you’re
actually paying a lobbyist for an earmark.

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Mr. Merriman noted that he didn’t personally lobby but was working with two groups.
Mr. Merriam stated that he was doing the paperwork. A discussion regarding this funding
ensued.

Commissioner Strahan asked Sheriff Russell if he was satisfied. Sheriff Russell stated
yes, we requested going through the County Commission…the paperwork would go through
Tammy and Judie to handle the grant. Commissioner Herschend asked why Tammy. Sheriff
Russell commented that she was the secretary to the Advisory Board. Commissioner Herschend
stated that if the County Commission is asking for the funding he would like to suggest that the
County Commission track the grant.

Commissioner Herschend made a motion to ratify and release the letter approved last
week sponsoring the project. Commissioner Pennel seconded the motion. The motion passed by
vote: Pennel (yes), Herschend (yes), Strahan (yes).

Commissioner Herschend noted for the record that this is the second on the priority
list…the first is the bridge. Commissioner Strahan noted federal funding for transportation
including the bridge.

FRANK PRESTON
CONT.

2. Uniforms: Mr. Preston noted that he would be sending out a letter to all employees regarding
county policy on wearing uniforms.

3. Planning & Zoning work session: Mr. Preston noted that a work session regarding Planning
& Zoning had already been scheduled for the 13th.

4. Road Standards: Mr. Preston reminded the Commission about the road standards. Mr.
Preston further stated that he had checked the law regarding underground facilities. Cleaning out
ditches is not exempt from calling dig-right.

Commissioner Herschend asked how grading would mess anything up in our own right of
way. Everything should be deeper…why do we have to call dig-right? Commissioner Pennel
stated that it was the law and we just want to be good neighbors. Mr. Preston noted that he
would be stressing the issue at shop talk.

5. Hillman Easement: Mr. Preston commented that the last easement had not been received yet
although the individual has stated it has been sent.

6. Planning & Zoning: Mr. Preston noted that if a developer had road issues or drainage
issues…Commissioner Herschend stated they should issue a stop work order and inquired as if
they could call the bond.

Mr. Preston noted that the development of fees was rushed and he couldn’t find anywhere
where there were fines. Commissioner Pennel commented that if we are going to issue a stop
work order the County Commission should be involved as his fear is an over zealous staff may
not be thinking straight.

7. Walking Trail: Mr. Preston stated that Spencer Jones of Great River Engineering indicated
that we would be receiving reimbursement soon.

8. Raises: Mr. Preston noted that 6-8 employees contact him on a frequent basis regarding
raises. The Commission noted that they would come back to this issue.

9. Employee comments: Mr. Preston stated that he had spent 12 hours at the East Side to go
over concerns from the employees. This turned into a supervisor bashing session. Mr. Preston
added that he had heard that Commissioner Strahan wanted to go to the barn.

Commissioner Strahan noted that he had received phone calls and stated that he wanted
to go out there with applications in hand…if they didn’t want to work there was plenty of people
that wanted to. Commissioner Herschend commented that he would ask that he reconsider.

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10. Tom Boyce letter: Mr. Preston noted that he was in receipt of the letter of intention from
Mr. Boyce and was comfortable with the situation.

11. Area Meetings: Mr. Preston commented that he would like to meet with area municipalities
along with the foreman’s to discuss various road issues. This would be to see what concerns,
ideas etc. those working out there have. Mr. Preston stated that it is a great tool and keeps
everyone on a level playing field.

12. Presbyterian Church Parking Lot: Ms. Luttrell commented that the issue of the Presbyterian
Church Parking Lot needed to be brought up per Commissioner Pennel.

Commissioner Herschend made a motion to accept the proposal for the parking lot.
Commissioner Pennel noted that he thought there was an expectation for something in the future.
Commissioner Strahan added that he thought it was future maintenance or something. Motion
died for a lack of a second.

ACCOUNTS ALLOWED

Commissioner Strahan made a motion to approve accounts payable warrants #301875
through #301986, Manual warrant #4779. Commissioner Pennel seconded the motion. The
motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

PRIOR MINUTES

Commissioner Strahan made a motion to table the minutes until Monday. Commissioner
Pennel seconded the motion. The motion passed by vote: Pennel (yes), Herschend (yes),
Strahan (yes).

EMPLOYEE ISSUE CONTINUED

Commissioner Herschend commented that the Commission owes it to Mr. Preston to let
the crews know that he is the boss and added that he thought it was a mistake for Commissioner
Strahan to go out to the barn. Commissioner Strahan commented that Commissioner Herschend
had been hands on and Commissioner Strahan was asking for Mr. Preston to go with him. A
discussion ensued.

RECESS
4:44 p.m.

FEBRUARY 5TH 2008 13TH DAY
OF THE JANUARY ADJOURN TERM

The County Commission met at the Hollister Depot at 1:30 p.m. pursuant to adjourn with
Chuck Pennel, Presiding and Ron Herschend, Western Commissioner present and the following
proceedings were had and made a matter of record.

TANEY COUNTY REGIONAL
SEWER DISTRICT MEETING

The County Commission attended the Taney County Regional Sewer District Meeting to
hear updates on Bee Creek, Ozark Beach and the lift station elimination. Other topics of
discussion included Cottages at Riverpointe, Oak Knoll Estates, Fieldstone Villas and Chapel
Hill.

Minutes typed by Tressa Luttrell.

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 TANEY COUNTY COMMISSION RECORD

FEBRUARY 6TH 2008 14TH DAY
OF THE JANUARY ADJOURN TERM

The County Commission met at the Capitol Plaza in Jefferson City at 2:00 p.m. pursuant
to adjourn with all members present and the following proceedings were had and made a matter
of record.

CCAM TRAINING

The County Commission attended their mandatory County Commissioner’s Training
pursuant to RSMo.

FEBRUARY 7TH 2008 15TH DAY
OF THE JANUARY ADJOURN TERM

The County Commission met at the Capitol Plaza in Jefferson City at 7:00 a.m. pursuant
to adjourn with all members present and the following proceedings were had and made a matter
of record.

CCAM TRAINING

The County Commission attended their mandatory County Commissioner’s Training
pursuant to RSMo.

FEBRUARY 8TH 2008 16TH DAY
OF THE JANUARY ADJOURN TERM

The County Commission met at the Capitol Plaza in Jefferson City at 7:00 a.m. pursuant
to adjourn with all members present and the following proceedings were had and made a matter
of record.

CCAM TRAINING

The County Commission attended their mandatory County Commissioner’s Training
pursuant to RSMo.

Minutes typed by Tressa Luttrell.

FEBRUARY 11, 2008 17TH DAY
OF THE JANUARY ADJOURN TERM

The County Commission met in the Associate Circuit II Courtroom at 9:08 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 Chuck Pennel.

EXCAVATOR BID

Tressa Luttrell, County Administrator presented the bids for a used excavator. Ms.
Luttrell stated that although the bids were for a used excavator, bids were also received for new

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 TANEY COUNTY COMMISSION RECORD

equipment. Said bids were sent to Frank Preston, Road & Bridge Superintendent for review.
Mr. Preston recommended the bid of Murphy Tractor in the amount of $66,920.00.

Commissioner Strahan made a motion to deny all bids noting that when purchasing a
used piece of equipment you inherit other people’s problems. Ms. Luttrell pointed out that this is
the piece of equipment that the County has been using and added that the lease was up.

Commissioner Herschend added that he didn’t want people to think that we are playing
games by bidding out a piece of equipment and then denying them because we didn’t get the bid
that we wanted. We should take the lowest and or best whether it’s new or used.

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

TRANSPORTATION COMMITTEE

Ms. Luttrell again reminded the Commission that the Transportation Committee needed
to be appointed.

Commissioner Pennel made a motion to table said issue until the Commission goes back
to the office. Commissioner Herschend seconded the motion. The motion passed by vote:
Pennel (yes), Herschend (yes), Strahan (yes).

JOURNAL ENTRIES

Ms. Luttrell presented some journal entries to be made that were received from the
Auditor’s Office. These are where work was performed by road & bridge and needs to be repaid
by GCR.

Commissioner Herschend made a motion to approve the following journal entries:
Airport $3,164.36, Masonic Lodge $1,468.33, and the Transfer Station $2,006.25.
Commissioner Pennel seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (yes).

AVIS RENTAL CONTRACT

Ms. Luttrell presented the contracts for Avis Rental for a three-year renewal.

Commissioner Herschend made a motion to approve said contract contingent upon
Counselor Paulson identifying that we do have the ability to terminate for cause. Commissioner
Pennel seconded the motion. The motion passed by vote: Pennel (yes), Herschend (yes),
Strahan (yes).

ACCOUNTS ALLOWED

Commissioner Strahan made a motion to approve accounts payable warrants #302001
through #302077, manual warrants #4782, #4783, #4785. Commissioner Herschend 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
1/29/08, 1/30/08, 2/5/08, 2/6/08, 2/7/08, and 2/8/08. Commissioner Strahan 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.
610.021.1. Commissioner Pennel seconded the motion. The motion passed by vote: Pennel
(yes), Herschend (yes), Strahan (yes).

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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.

RECONVENE
1:06 p.m.

The County Commission reconvened in the Commission’s Office with Commissioner
Pennel and Commissioner Strahan present.

FRANK PRESTON & TRESSA LUTTRELL

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

1. Building Renovations: Ms. Luttrell presented the proposed department renovations for
those departments that will be moving within the current courthouse for the Commission
to review.

2. Funeral Leave: Ms. Luttrell informed the Commission that she needed clarification
regarding the amount of time that can be taken for a funeral day. Those that work 10
hour days are taking 10 hours rather than the 8 hours defined in the personnel policy.

The County Commission agreed that the work day is based on 8 hours.

3. Personnel Policy: Ms. Luttrell presented another copy of the personnel policy currently
being worked on for them to review.

4. Transportation Committee: The County Commission discussed potential members for
the Taney County Transportation Committee.

5. SMACOG: Commissioner Pennel noted that he would like for maybe a Commissioner or
Mr. Preston to start attending the SMACOG meetings noting that he thought they would
benefit the County.

6. Murphy Tractor Facility Tour: Mr. Preston asked the Commission if they were in favor
of a few employees traveling to Iowa to tour the Murphy Tractor facility.

The County Commission noted that if the employees wanted to take their own time and
go that was fine but they would not be sending them.

7. Engineering Committee: Mr. Preston informed the Commission that the group Dan
Ratermann (former Road & Bridge Engineer) had put together has requested that he
attend their meetings. Mr. Preston noted that the one time he had any dealings with Mr.
Ratermann was at a training where Mr. Preston was asked a few questions and ended up
giving the training. Mr. Preston added that he and Mr. Ratermann did not see the issues
the same, which is why Commissioner Herschend would like for Mr. Preston to attend
those meetings.

Commissioner Pennel stated that he would rather Mr. Preston implement his idea of
meeting with the surrounding entities.

8. Bateman Road: Mr. Preston presented the Commission with a letter outlining the request
for the County to improve the road because a Boy Scout Camp is to be constructed at the
end of the road will be constructed. This would mean that over 1,000 citizens would be
traveling along that road.

9. Road Standards: Mr. Preston again reminded the Commission about the road standards.

10. Road Inspector Presentation: Mr. Preston noted that he would like to give a presentation
to the Commission to show how having a road inspector will benefit the County.

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11. Transfer Station: Mr. Preston commented that while going through the Transfer Station
tickets he noticed that we were hauling over the load limit and was told that the County
was exempt. Mr. Preston inquired as to if the Commission was aware of the exemption.

Mr. Preston noted that he would double check the issue.

12. Outer Roads: Mr. Preston commented that the outer roads the State wants to give the
County on 65 have some issues with them. Mr. Preston noted that one was in need of a
guardrail. Mr. Preston stated that he would visit those roads again and prepare a report
on each road.

Minutes taken and typed by Tressa Luttrell.

Finish Type: 2/12/08
Submitted to Commission: 2/13/08
Commission Approved:

FEBRUARY 12, 2008 18TH DAY OF
THE JANUARY ADJOURN TERM

The County Commission met in the County Commission’s Office at 1:08 p.m. pursuant
to adjourn with all members present.

SEPTAGON MONTHLY
UPDATE

The County Commission met with representatives from Septagon Construction and
representatives from HMN Architects via telephone for the monthly update on the Judicial
Facility project.

Commissioner Herschend made a motion to approve RFI #279, which added (7) water
valves in the Administration area to isolate fixtures and make maintenance easier. And RFI #318
that added a mixing valve to the hand sink in the kitchen to prevent scalding. To supply and
install the valves adds an additional $866.00. Commissioner Strahan seconded the motion. The
motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

Commissioner Herschend made a motion to approve Proposal Request #39 requesting to
add bulkheads to the future courtroom so that the ceiling in an area could be lowered to
accommodate a beam as well as added ductwork and diffusers to the future courtroom which
were omitted from the bid drawings. The added an additional $6,463.00. Commissioner Pennel
seconded the motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

Commissioner Strahan made a motion to deny RFI #198 which replaced the hollow metal
doors specified for the north side of the trash enclosure with metal gates similar to the gates
specified for the south side. Commissioner Herschend seconded the motion. The motion passed
by vote: Pennel (yes), Herschend (yes), Strahan (yes).

Minutes taken and typed by Tressa Luttrell.

Finish Type: 2/12/08
Submitted to Commission: 2/13/08
Commission Approved:

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FEBRUARY 13, 2008 19TH DAY OF
THE JANUARY ADJOURN TERM

The County Commission met in the Commission’s Office at 9:06 a.m. pursuant to
adjourn with all members present and the following proceedings were had and made a matter of
record.

HILLSIDE DR

The County Commission met with Randy Haes, Road & Bridge Coordinator and Frank
Preston, Road Superintendent regarding the necessary right of way for Hillside Dr. Mr. Haes
stated that the Commission had approved the petition contingent upon the necessary right of way
and the turn around, however we still have not received the signed easement for the last
individual.

Mr. Preston indicated that he has verbally agreed and has stated that the signed easement
was sent in January but it has been three weeks. Commissioner Herschend noted that he was
concerned that it sounded like they wanted to go ahead with the project without the easement…it
sounds like the County is already doing more for this petition than any other.

The County Commission suggested that a letter be sent to the petitioners describing what
had transpired and maybe they can get this last easement.

PRIOR MINUTES

Commissioner Herschend made a motion to approve prior Commission Minutes dated
2/11/08 and 2/12/08. Commissioner Pennel seconded the motion. The motion passed by vote:
Pennel (yes), Herschend (yes), Strahan (yes).

Commissioner Pennel made a motion to approve prior Commission Minutes dated
1/28/08. Commissioner Herschend seconded the motion. The motion passed by vote: Pennel
(yes), Herschend (yes), Strahan (yes).

Commissioner Herschend stated that he would like for the record to reflect….I was
joking when I said we liked it when we weren’t rushed with these…it is so nice to have these for
anyone that asks. Commissioner Pennel noted that it reminds us of things before it’s too late to
be reminded.

Commissioner Strahan stated that he would request that County Clerk, Donna Neeley
provide an index and the binded folder of all the 2007 minutes for the Commission to view.
Commissioner Herschend suggested filing a sunshine law request.

Commissioner Herschend made a motion to officially file a sunshine requesting that
information today as it is a matter of public record. As it is suppose to be available and should
circumvent any question she may have about the request. Commissioner Strahan seconded the
motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

STEHLE BRIDGE

Mr. Haes stated that there is only one easement needed for Stehle Bridge improvements
being Billy J & Joyce R Stehle and added that this bridge is on the state inventory. Mr. Haes
indicated that the County would be going out for bid on the materials possibly in March.

Commissioner Strahan made a motion to accept the easement. Commissioner Herschend
seconded the motion.

Commissioner Pennel asked if this was the one that requested a driveway. Mr. Haes
noted that they didn’t have approval for that. Commissioner Herschend asked why the County is

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realigning the road. Mr. Preston commented that when it rains there is the potential of flooding
and it denies them access.

Commissioner Herschend asked why the County was rebuilding the Stehle Bridge. Mr.
Preston commented that there were noted deficiencies from the State Inspection and has been
noted for a couple of inventories.

Commissioner Herschend asked what the estimated costs were. Mr. Haes noted that he
didn’t have actual estimated costs but would guess around $400,000. Mr. Preston commented
that he thought that figure sounded high and would probably look at $200,000 - $230,000 range.
Mr. Haes indicated that he would get with Spencer Jones and get a cost.

Mr. Preston noted that he could probably fill the concrete crew’s year with all the
deficiencies that have been noted. A general discussion regarding the deficiencies and how they
come about ensued. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

It should be noted that Commission Pennel signed the easement in the presence of both
Associate Commissioners.

PRESBYTERIAN CHURCH
PARKING LOT

Commissioner Herschend made a motion to accept the offer from the Presbyterian
Church and to utilize the parking lot for the public in exchange the County will resurface.
Commissioner Pennel seconded the motion.

Mr. Preston stated that he didn’t hear any definitions of resurface…crack seal and slurry
seal would be good. Commissioner Strahan commented that the County supply one overlay to
the surface.

Commissioner Herschend felt instead shouldn’t they put a 2” cap down. Commissioner
Strahan agreed. Commissioner Pennel asked if Mr. Preston had a better idea. Mr. Preston stated
that putting a 2” cap down would change the dimensions…it would be more appropriate to
remove then replace.

Commissioner Strahan asked the Mr. Preston meet with the church and bring back a
solution.

Commissioner Herschend made a motion to table the issue. Commissioner Pennel
seconded the motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

PLANNING & ZONING
THE FUTURE

Mr. Preston met with the Commission to discuss the future of Planning and Zoning. Fee
structures were the first topic of discussion wherein Mr. Preston noted that the last time they
were increased, it was done hastily. Taney County is the lowest in fees around and there is no
penalties. Mr. Preston commented that there is no incentive for individuals to do the right thing.

Commissioner Herschend added that saying it differently…there is no teeth. Mr. Preston
asked if the Commission wanted him to look into the fee structure. Commissioner Strahan stated
that until there is a Planning Commission that will stand up and have a back bone…no one wants
to address the situations.

SALT
EMERGENCY SITUATION

Mr. Preston reported to the Commission that the current vendor could not produce any
salt at this time because of the recent ice storm and due to the next round coming in this weekend
we need to get some product here. Mr. Preston noted that we are in line to receive the product
just as the State is as soon as they can get to us.

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Ms. Luttrell noted that it is an emergency situation and could go outside the bidding
procedures.

Commissioner Herschend made a motion to purchase salt from whomever Road &
Bridge could get it from in this emergency situation. Commissioner Pennel seconded the
motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

A discussion pertaining to the need for additional salt storage ensued.

Commissioner Herschend encouraged Mr. Preston to contact Jack Harris with the
Underground and look at their dry storage. Mr. Preston noted that he would. Commissioner
Pennel stated that he would like Mr. Preston to look at all avenues.

PLANNING & ZONING
THE FUTURE
CONT.

Discussion regarding Planning & Zoning continued.

Commissioner Herschend stated that he thought in the case of Planning & Zoning and
Sewer he didn’t think it’s unfair to establish higher fees. Commissioner Herschend added that
those boards are hesitant but need to take a lead. Mr. Preston inquired whether the Commission
wanted to recover the County’s costs.

Commissioner Pennel stated that it’s a service that the normal citizen wouldn’t be using
so they should pay a higher fee but the other side of the coin is that they are protecting the
citizens. Mr. Preston stated that he was here when they implemented the new fee but had asked
the Planning Commission to review them…what about a penalty phase.

Commissioner Herschend suggested a penalty 30 days after they receive their notice and
have a dollar a day amount. Commissioner Strahan noted that there are individuals that
intentionally do things out there. Commissioner Pennel concurred and added that look at what
DNR does now…they use to just fine you, now they look towards how can we fix the problem.
Commissioner Pennel added that if you have a mistake and try to resolve it that’s different than
just slapping on a penalty.

Commissioner Herschend asked if this would be an Ordinance or Resolution.
Commissioner Pennel suggested that it be a written policy that is approved by the County
Commission.

Mr. Preston informed the Commission that the staff and he have been going through the
code or guidance book and each person has sticky notes where they have problems interpreting
the language. Mr. Preston noted that they were going to be putting them in layman terms and
will bring it to the Commission similar to the road standards. If the people putting out the
information have problems then there is a problem.

Commissioner Herschend asked if the staff had ever been trained. Mr. Preston stated that
the answer has always been “Kurt’s interpretation was…”, we are going section by section.

AMEND AGENDA

Commissioner Pennel made a motion to amend the agenda and move the presentation
from the road department from 1:00 to now as Commissioner Herschend will not be able to
attend at 1:00 p.m.. Commissioner Herschend seconded the motion. The motion passed by vote:
Pennel (yes), Herschend (yes), Strahan (yes).

Mr. Preston stated that all the staff was in favor of Traditional Zoning…there are
differences between modernized versus rural…maybe an Agricultural zone. Commissioner
Pennel stated that originally he was against it but has flipped since then. Commissioner Pennel
added that his thought was that we try to do a zone…maybe Western District.

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Commissioner Pennel stated that he had spoken with Diane May and she would be
willing to talk with us after the SMACOG meeting. Mr. Preston noted that there are strong
feelings both ways.

Commissioner Pennel added that he left out the reason he turned over…the guy from
Egypt can build his 20 story building next to KANAKUK with our rules and added that he
believed our Commission would protect us from the hodge podge. Commissioner Herschend
noted that it has to have teeth.

Commissioner Strahan stated that he has been against it because of the history. When
Planning & Zoning was brought to a vote, it would not have passed if it hadn’t been for Branson
and Hollister. Commissioner Strahan added that if the people aren’t in support…he works for
the voice of the people.

Mr. Preston asked if he was lumping building codes with Planning & Zoning.
Commissioner Strahan stated no that he was just using building codes as an example.

Mr. Preston asked if the Commission was willing to allow me to look at Traditional.
Commissioner Strahan commented that we were in a heated argument with the territory
agreements with the City of Branson which is a great example of the failure of Planning &
Zoning….Branson Landing, Bass Pro and the Convention Center. Commissioner Strahan added
that he looks at it both ways as he made his living in Branson but he is here to serve the
consensus of the people…I’m not saying that they are wrong.

Commissioner Pennel stated that his change is in the Western District or within a ½ mile
of the incorporated limits. Mr. Preston stated that when he is talking to citizens he has a series of
questions that he asks…and there seems to be this imaginary line. My question is do I put
together a package and bring it to the Commission or to a vote. Commissioner Herschend stated
that Planning & Zoning is not a voter issue and would encourage Mr. Preston to go forward.

Commissioner Pennel added do we really want every square foot around Lake
Taneycomo to be covered with Condo’s…I personally would like you to do nothing until we talk
to Diane.

ROAD & BRIDGE
PRESENTATION

John Rider, Road & Bridge Inspector gave a presentation to the County Commission
regarding the benefits of conducting inspections and inputting all that data into the CarteGraph
system.

A discussion regarding what information would be gathered ensued. Mr. Preston noted
that he, Mr. Rider and Mr. Haes would be using “Y” Highway as a test. So they will take a drive
and determine what information will be collected. That way all roads would have the same
information gathered.

RECESS
12:00 p.m.

Minutes taken and typed by Tressa Luttrell.

Finish Type: 2/15/08
Submitted to Commission: 2/15/08
Commission Approved: 2/19/08

Minutes taken and typed by Tressa Luttrell.

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FEBRUARY 19, 2008 20th DAY OF
THE JANUARY ADJOURNED TERM

The County Commission met in the Associate Circuit II Courtroom at 9:01 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, County Treasurer, followed by the pledge. It should be noted
that Commissioner Herschend entered the meeting at 9:05 a.m.

HILLSIDE DRIVE
EASEMENTS

Commissioner Pennel stated that there are two easements needed for Hillside Drive,
which are from Richard & Robyn Tillery and Daryll Lee Dreasher. Commissioner Strahan made
a motion for approval of said easements. Commissioner Pennel seconded the motion.
Commissioner Pennel also stated that Hillside Drive had previously been approved to take in as a
county road contingent upon acquiring the appropriate easements. The motion passed by vote:
Pennel (yes), Herschend (yes), Strahan (yes).

ANGELA LEIST
TANEY COUNTY PARK BOARD RECOMMENDATION

Commissioner Pennel read a letter from Angela Leist, Park Board Secretary, regarding a
contract for electricity at Mincy Park. It read as follows:

The Mincy Community Park Board submitted their first reimbursement request for the cost of the
electricity used at the park at the January 24, 2008, Taney County Park Board meeting. Commissioner Strahan
requested the Park Board review the request and make a recommendation to the Taney County Commission
regarding payment. We reviewed the request and the recorded contract between Taney County and Mary Bell
Howe.

The contract calls for the county to reimburse Mrs. Howe or her heirs or assigns monthly for the cost of
electricity for the well at Mincy Park for 24 months. After that period of time elapses, the county is responsible for
its pro rata share of the electricity charges attributable to the well. The well has now been in operation for twenty
months.

The Park Board recommends payment of this request for reimbursement of the first 19 months of electricity
charges totaling $511.43. The remaining 5 months of charges incurred will be submitted for review at our June
meeting.

As there is now a residence that will have it’s electric use measured with the same meter that measures the
well’s power use, we would suggest that the county contact Mrs. Howe’s assign to establish the monthly amount
attributable to the well. No minimum or maximum amount was set in the contract. It could be an accurate amount
for the well’s monthly bills reimbursed in this first request should be an accurate amount for the well’s use.

I am attaching a copy of the bill and the contract for your consideration. Please let me know if you have
any additional questions.

Ms. Leist stated that the contract was signed when the well was donated for park use and added
that the request for reimbursement came to the Park Board for the first 19 months of electricity
used for the well. Commissioner Herschend made a motion to approve the payment of $511.43
which breaks down to be $27.00 per month. Commissioner Strahan seconded the motion. A
general discussion ensued. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan
(yes).

BOB SCHANZ
TANEYCOMO BRIDGE

Mr. Schanz spoke to the issue of the Taneycomo Bridge. Commissioner Pennel thanked
Mr. Schanz for his time.

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CHUCK PENNEL
PLANNING & ZONING CODE/HEIGHT AMENDMENT

Commissioner Pennel stated that the Planning & Zoning Commission has made a
recommendation to the County Commission to amend their code. Counselor Paulson
commented that the recommendation was intended to replace the original height restriction
amendment to the code. Commissioner Herschend stated that he had not been in any of the prior
Planning & Zoning Commission meetings, but did state that the old code needed to be repealed
and make sure that the correct height requirement is on the books. A general discussion ensued.
Dan Nosalek, Planning & Zoning Division I Inspector, spoke about roof pitches and slopes to
give the Commissioners a better understanding of the code.

Commissioner Herschend made a motion to table the issue, as the Commission needed to
get a better understanding of the Height Amendment. Commissioner Herschend also asked that
a work session be scheduled with the Commission, Frank Preston and the Planning Commission.
Commissioner Strahan seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (yes).

COMMISSIONER STRAHAN
PERMANENT MINUTE BOOK & INDEXp

Commissioner Strahan stated that an issue surfaced in last weeks meeting as he was
reading the regular minutes. Commissioner Strahan noted that all minutes are to be indexed for
the public to view. Commissioner Strahan added that Commissioner Herschend requested,
through a sunshine request, the 2007 minute book and index. Commissioner Herschend stated
that the index book was not accurate past Spring of 2007 and read into record, statute 51.12
which reads:

Duties of every Clerk of the County Commission shall keep an accurate record of the orders, rules and proceedings
of the County Commission and shall make a complete alphabetical index

Commissioner Herschend stated that the Commissions concern would be that by not keeping the
minutes indexed could possibly lead to litigation.

A general discussion ensued. Clerk Neeley stated that they are complete, but that they
are on the computer and her office is in the process of printing them off to go into the book.
Clerk Neeley added that she appreciates the Commission’s diligence to approve and taking a
look at the minutes on a weekly basis.

BOB PAULSON, COUNTY COUNSELOR
RENEWAL & SUBCRIPTION OF RESEARCH PROGRAM

Counselor Paulson stated that he needed to renew his West program for research and
added that there is a training program he would like to subscribe to. Counselor Paulson added
that the training program would give him his required credits, and would not required him to go
out of town as much for his yearly training hours. The Commission concurred that this was a
good idea and for Counselor Paulson to go ahead with it.

BOB PAULSON
STRATFORD DRIVE RESOLUTION

Counselor Paulson presented Stratford Drive Resolution. Stratford Drive is located in an
unincorporated part of the county. A portion of this road is located in City of Hollister and the
other portion is located in Taney County.

Commissioner Strahan made a motion to accept the resolution as Counselor Paulson has
prepared. Commissioner Herschend seconded the motion for discussion. Counselor Paulson
read the resolution into record:

A Resolution relinquishing to the City of Hollister control over a public road known as Stratford Drive, a
road dedicated to the public in the plat of the McGee Subdivision recorded in the Taney County Recorder’s
Office at Slide A, Page 627 and Page 706, said road located in an unincorporated area of Taney County,
resolved herein for the purpose of supporting the annexation of said road by the City of Hollister.

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WHEREAS, Stratford Drive is a road dedicated to the public by Plats of the McGee Subdivision recorded at the
Office of the Recorder of Deeds of Taney County at Slide A, Page 627 and Page 706; and

WHEREAS, Stratford Drive is located in an unincorporated area of the county, and although not a part of the
county maintenance system, Taney County is the only entity with control over the use and disposition of said road;
and

WHEREAS, Stratford Drive adjoins and is contiguous and compact with the boundary of the City of Hollister; and

WHEREAS, the City of Hollister has annexed or wishes to annex said Stratford Drive into the municipal
boundaries of the City of Hollister; and

WHEREAS, the property description of Stratford Drive that Hollister has annexed or wishes to annex is more
particularly described as: All of Stratford Drive, a 40 foot wide platted road in McGee Subdivision running from
Winston Lane on the East to East Avenue on the West as shown on Plats of McGee Subdivision recorded in the
Taney County Recorder’s Office, Slide A, Page 627 and Page 706, all in Taney County, Missouri; and

WHEREAS, there is no other person or entity with authority to give permission to the City of Hollister to
voluntarily annex said Stratford Drive; and

WHEREAS, the Taney County Commission, on behalf of Taney County, Missouri supports the City of Hollister’s
annexation of Stratford Drive; and

WHEREAS, to the extent it is necessary for the City of Hollister to obtain the permission of the person or entity
owning or controlling the above-described Stratford Drive, the Taney County Commission wishes this to serve as its
consent for said annexation;

NOW THEREFORE, BE IT RESOLVED BY THE TANEY COUNTY COMMISSION, THE
FOLLOWING:

That the Taney County Commission on behalf of Taney County, to the extent it is necessary for the City of Hollister
to obtain the permission of the person or entity owning or controlling the above-described Stratford Drive, the Taney
County Commission hereby gives its permission and consents to the City of Hollister’s annexation of all of Stratford
Drive, a 40 foot wide platted road in McGee subdivision running from Winston Lane on the East to East Avenue on
the West as shown on Plats of McGee Subdivision recorded in the Taney County Recorder’s Office, Slide A, Pages
627 and 706 all in Taney County, Missouri, and hereby relinquishes control of said road to the City of Hollister.

A general discussion ensued. The motion passed by vote: Pennel (yes), Herschend (yes),
Strahan (yes).

TRESSA LUTTRELL
FINANCIAL STATEMENT

Tressa Luttrell, County Administrator, presented the 2007 financial statement for review
and approval to the Commission. Ms. Luttrell stated that it must be published on or before the 1st
Monday in March. A general discussion ensued. Commissioner Pennel made a motion to table
this issue until this afternoon. Commissioner Strahan seconded the motion. The motion passed
by vote: Pennel (yes), Herschend (yes), Strahan (yes).

TRESSA LUTTRELL
JOURNAL ENTRY

Ms. Luttrell presented a journal entry that had been previously overlooked. Ms. Luttrell
noted that this is for Animal Control in the amount of $19,823.78, which was for construction at
the kennel, by Road & Bridge. The time frame is from July to September of 2007.

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

TRESSA LUTTRELL
ROAD SHARING TAX

Ms. Luttrell stated that she had received the City of Hollister’s application, for the 2008
road sharing monies and added that this has not approved yet. Ms. Luttrell described the
proposed projects as placing a 18 inch curb and gutter and a 2 inch overlay to make Evergreen a
27 foot back to back. The estimated cost for this project is $65,000.00.

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Commissioner Herschend made a motion for approval for up to $50,000. Commissioner
Strahan seconded the motion. The motion passed by vote: Pennel (yes), Herschend (yes),
Strahan (yes).

Ms. Luttrell stated that she also had the municipalities’ Integovernmental Agreements
ready for signature. The Commission concurred to sign the agreements.

TRESSA LUTTRELL
TERRORISM INSURANCE POLICY

Ms. Luttrell stated that the bid for insurance contains in one section of the policy that
terrorism insurance is included, but if you dig a little deeper into the policy, the bid states that
this terrorism coverage is offered for a fee of $2616.00. Counselor Paulson stated that the fire
portion is mandatory at a rate of $583.00, but the Commission could decline to pay the remaining
of $2033.00.

A general discussion ensued. Commissioner Herschend made a motion to table this issue
for clarification for this afternoon. Commissioner Pennel seconded the motion. The motion
passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

RON HERSCHEND
PHONE CALL FROM
CHAD ZICKEFOOSE, MoDOT PROJECT ENGINEER

Commissioner Herschend stated that he spoke with Chad Zickefoose, MoDOT Project
Engineer, on Friday, February 15th and after a review by his superiors, there was concern to the
amount of funding the state could offer the county on the project. Commissioner Herschend
added that Mr. Zickefoose would like to sit down again with the Commission to start
discussions. A general discussion ensued as to scheduling a time to meet with MoDOT. The
Commission concurred to meet with Mr. Zickefoose on Thursday, February 21st.

PUBLIC COMMENT
PETER REA

Mr. Rea spoke to the Commission about Mr. Schanz’s letter that was read earlier in the
meeting. Also he spoke to the Taneycomo Bridge issue. The Commission concurred that they
were extremely disappointed in MoDOT’s change to the cost share plan.

COMMISSIONER PENNEL
TANEYCOMO BRIDGE SURVEY RESULTS

Commissioner Pennel expressed that through the surveys, the citizens of Taney County
indicated that there would be a severe impact on our county if the bridge were to close.
Commissioner Pennel added there was a tabulation of the results in our office and noted that the
press had been given a copy. Commissioner Pennel commented that he would like to put the
information on our county website. The Commission concurred that was a great idea.

ACCOUNTS ALLOWED

Commissioner Herschend made a motion to approve accounts payable warrants #302078-
302161 and manual warrants #4788-4793. Commissioner Pennel seconded the motion. The
motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

APPROVAL OF MINUTES

Counselor Paulson requested that there be an amendment made to 6/4/07 minutes. Ms.
Luttrell read the amendment into record, it was as follows:

Motion to accept Hillside Drive in the county road system as a Class VI at this time and county to make the
appropriate improvements including the hammerhead turnaround. I make the motion contingent upon verification of

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the most recent application of the appropriate signatures to conform to state statutes and also contingent upon all
necessary easements being obtained and a proper description of where the road is located

Commissioner Herschend made a motion to reflect the amended version that Ms. Luttrell
had read and change previous motion to this version. Commissioner Pennel seconded the
motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

Commissioner Pennel made a motion to approve minutes for 2/1/08. Commissioner
Strahan seconded the motion. The motion passed by vote: Pennel (yes), Herschend (yes),
Strahan (yes).

Commissioner Herschend made a motion to approve 2/4/08 minutes as corrected.
Commissioner Pennel seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (yes).

Commissioner Herschend made a motion to approve minutes for 2/13/08 as presented.
Commissioner Pennel seconded. The motion passed by vote: Pennel (yes), Herschend (yes),
Strahan (yes).

RECESS
10:46 am

Minutes taken and typed by Nikki Lawrence

RECONVENE
11:15 a.m.

The County Commission reconvened in the Commission’s Office with Chuck Pennel,
Presiding and Danny Strahan, Eastern Commissioner present and Ron Herschend, Western
Commissioner via telephone.

FINANCIAL STATEMENT

Commissioner Herschend made a motion to approve the 2007 Financial Statement as
presented. Commissioner Strahan seconded the motion. The motion passed.

A lengthy discussion with the County Clerk regarding the financial statement was had.

RECESS
12:10 p.m.

Minutes taken and typed by Tressa Luttrell.

FEBRUARY 20, 2008 21ST DAY OF
THE JANUARY ADJOURN TERM

The County Commission met in the Commission’s Office at 9:00 a.m. pursuant to
adjourn with Danny Strahan, Eastern Commissioner present and Chuck Pennel, Presiding via
telephone and the following proceedings were had and made a matter of record.

PAYROLL

Commissioner Pennel made a motion to approve the following payroll warrants:

General County Revenue - #103997 through #103998, #104028 through #104050

Road & Bridge - #104000 through #104021

Assessment Fund - #103999, #104022 through #104024

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 TANEY COUNTY COMMISSION RECORD

Transfer Station - #104025 through #104027

Accounts Payable Warrants #302233 through #302248, manual warrants #4795 through #4796

Commissioner Strahan seconded the motion. The motion passed.

Minutes taken and typed by Tressa Luttrell.

FEBRUARY 21, 2008 22ND DAY OF
THE JANUARY ADJOURN TERM

The Taney County Commission met at the Hollister City Hall at 1:00 p.m. pursuant to
adjourn with all members present and the following proceedings were had and made a matter of
record.

TANEYCOMO BRIDGE
FUNDING

The County Commission met with representatives from MoDot, the City of Branson and
the City of Hollister to discuss the recent information from MoDot noting that the local matching
funds would again require the need to be higher as the Steering Committee has informed MoDot
that there is too much of MoDot’s money towards this project.

MoDot was requested to furnish those figures to the various entities for review and as
well as submit the cost sharing application as previously agreed to.

PARTNERS FOR PROGRESS

The County Commission attended the Partners for Progress meeting to discuss various
road projects.

Minutes taken by Chuck Pennel and typed by Tressa Luttrell.

FEBRUARY 25, 2008 23rd DAY OF
THE JANUARY ADJOURNED TERM

The County Commission met in the Associate Circuit II Courtroom at 9:01 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 PENNEL
REVIEW OF SOLICITING POLICY

Commission Pennel stated that there was an issue that surfaced last year regarding a
citizen soliciting for a petition just inside the courthouse. Commissioner Pennel received a
phone call from Sheila Wyatt, Taney County Collector, stating that she had received complaints
from citizens about the soliciting. Commissioner Pennel contacted Commissioner Strahan then
and asked what his thoughts were on the issue. Commissioner Pennel and Commissioner
Strahan agreed that the citizen should be outside the door. Commissioner Pennel asked Ms.
Luttrell, County Administrator, if there was any written policy in place that talked about
soliciting, she replied, no.

Commissioner Pennel stated that the soliciting issue came up again last week when the
Relay For Life team held a benefit soup dinner in the hallway by the Collector’s Office. The

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same citizen called Commissioner Pennel and stated that it was unfair that the Commission was
allowing the benefit and not allowing him to gain signatures on a petition. Commissioner
Strahan noted he also received a phone call by the same citizen and added that he told the citizen
to read the sign. For the record, the sign reads “No soliciting within 25 feet of this building,
unless by appointment.” Commissioner Pennel assured the citizen that it would be brought
before the entire Commission for discussion.

A general discussion ensued on whether or not to allow petitioning and/or campaigning
in the halls of the courthouse. Counselor Paulson stated that legally there is a problem and that
there needs to be an Ordinance/Resolution in place. Counselor Paulson also stated that we have
a sign on the courthouse door with no authority or backing to put it up. Commissioner
Herschend stated that he would work with Counselor Paulson on drafting a policy and bringing it
before the Commission next Monday. The Commission concurred.

COMMISSIONER PENNEL
NUISANCE CASES

All three Commissioners reviewed several nuisance cases. Commissioner Pennel stated
that he needed a vote to move forward with the nuisance process. Commissioner Herschend
commented that he spoke with the landowner on Holyoke Drive who told Commissioner
Herschend that she had gathered everything up, but was in need of some assistance of removal.
Commissioner Pennel asked Commissioner Herschend if he would follow up with the nuisance
since he had been in contact with the property owner. Commissioner Herschend stated that he
would.

Commissioner Herschend made a motion for Counselor Paulson to go forward in
litigation process with the Clark nuisance. Commissioner Pennel seconded the motion. The
motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes). In addition to
Commissioner Pennel’s second, approval is to include any filing fees.

Commissioner Pennel made a motion to send out letters on the Adkins and Jennings
nuisance cases. Commissioner Herschend recommended that there should be a policy in place
where if there are costs incurred, it is automatically included in the motion. Commissioner
Herschend stated that he did not think there needed to be a motion because there are no costs
incurred in letters. Commissioner Pennel withdrew his motion. Counselor Paulson stated that if
two of the Commissioners concur they have to be in a meeting, it is not allowed to be done
outside of a meeting. Commissioner Herschend commented that it is usually done in a work
session. Commissioner Herschend also commented that it is administerial decision; it does not
need a motion. Counselor Paulson stated that he is uncomfortable with the process and would
like to look at it.

Commissioner Pennel restored his motion. Commissioner Herschend made a motion to
table. Commissioner Strahan seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (yes).

Commissioner Pennel commented that the Wallace nuisance has been active since 2004.
Counselor Paulson was asked for his opinion on the case by Commissioner Pennel. Counselor
Paulson stated that he had spoken with Ms. Wallace and her comment was that she does not own
the property anymore as it’s under contract. Counselor Paulson noted that Ms. Wallace did
record the Contract for Deed; however the property is still her responsibility.

Commissioner Herschend made a motion for Counselor Paulson to continue pursuing this
case. Commissioner Herschend also added that it needs to have further action taken on the case.
Commissioner Pennel seconded. The motion passed by vote: Pennel (yes), Herschend (yes),
Strahan (yes).

COMMISSIONER PENNEL
MEETING DECORUM ORDINANCE

Commissioner Pennel stated that this issue surfaced while speaking with Rick
Ziegenfuss, Hollister’s City Administrator and added that the City has an ordinance that pertains
to meeting decorum and trespassing.

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Counselor Paulson presented a draft Decorum Ordinance and added that there was more
work to be done on the ordinance. Commissioner Herschend questioned if we needed an
ordinance for Commissioner Pennel to maintain order. Commissioner Pennel stated that if other
municipalities have a policy then maybe we need to look at it too. Commissioner Pennel made a
motion for Counselor Paulson to present an ordinance to the Commission by the end of April.

Commissioner Herschend made a motion to amend the agenda to hear a report from
Tammy Hagler, 911 Administrator, on her trip to Jasper County Sheriff’s Department.
Commissioner Pennel seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (yes).

TAMMY HAGLER, 911 ADMINISTRATOR
TRIP TO JASPER COUNTY SHERIFF’S DEPARTMENT

Tammy Hagler, 911 Administrator, among others from Taney County, visited Jasper
County Sheriff’s Department, to view the system that Jasper County currently has in place and
Taney County is seeking through appropriations.

Ms. Hagler made the following comments:

• Jasper County currently supplies laptops in all police vehicles, which frees up the
airtime on radios. Officers can compile and complete their reports; while keeping
the highest level of confidentiality. Jasper County also has tracking system to let
dispatch know exactly where the officers are at all times.

• Data Radio gave a presentation and stated that Taney County has a similar
operation of mapping equipment, but that Taney County is more advanced in this
area.

Ms. Hagler stated that she was very appreciative to the Commission for allowing her
department to attend, as it was beneficial to both her and Judie Gross.

ACCOUNTS ALLOWED

Commissioner Strahan made a motion to approve accounts payable warrants #302162-
302232, #302249-302287and Final UMB Reimbursement. Commissioner Herschend 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
2/20/08 and 2/21/08. Commissioner Herschend seconded. The motion passed by vote: Pennel
(yes), Herschend (yes), Strahan (yes).

RECESS
9:53 a.m.

Minutes taken and typed by Nikki Lawrence.

RECONVENE
1:24 P.M.

FRANK PRESTON & TRESSA LUTTRELL
WORK SESSION

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

1. Road Issues: Mr. Preston updated the Commission on various road issues including
Carlton Road, Warren Road and Zinnea Lane.

2. Forsyth Walking Trail: Mr. Preston noted that the total costs for the Walking Trail came
to $353,000 and with all the reimbursements the County’s cost was $67,000.

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 TANEY COUNTY COMMISSION RECORD

3. Scenic Overlook on 165: Mr. Preston presented a picture of the scenic overlook on 165
and inquired as to the maintenance of the property.

Commissioner Herschend noted that it was not county property. After a brief discussion
additional research will need to be conducted prior to making any decisions.

RECESS
1:52 P.M.

RECONVENE
1:56 P.M.

WORK SESSION CONT.

4. Planning & Zoning Stop Work Orders: Mr. Preston read an email regarding a stop work
order on the Swearinger project in Ridgedale.

Commissioner Herschend made a motion to approve the request for the Stop Work Order
immediately for the Swearinger project hearing that the appropriate permits are not in place.

Commissioner Herschend added that this is based on the fact that there is no permit and
added that he didn’t know anything about the project. Commissioner Pennel stated that he didn’t
disagree and asked if Mr. Crawford had contacted them and are they still continuing? Mr.
Preston stated yes. Commissioner Pennel seconded the motion. The motion passed by vote:
Pennel (yes), Herschend (yes), Strahan (yes).

EXECUTIVE SESSION

Commissioner Strahan made a motion to go into Executive Session pursuant to 610.021.3
as an emergency situation has arisen and therefore can not be posted for the required 24 hours.
Commissioner Herschend 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.

FEBRUARY 26, 2008 24TH DAY OF
THE JANUARY ADJOURN TERM

The County Commission met in the Commission’s Office at 10:10 a.m. pursuant to
adjourn with all members present and the following proceedings were had and made a matter of
record.

JUDICIAL FACILITY
SIGNS

The County Commission met with Karen Oppliger, representing HMN Architects, Mike
Smith and Ian Hagan, representing Septagon Construction, Audrey Girard, representing
GROOMS and John Lavender, Maintenance Superintendent to discuss the interior and exterior
signs for the new Judicial Facility.

The Commission had a lengthy discussion regarding the types of signs, mandatory
placement versus the placement on everything in the building as well as what kind of exterior
signage the Commission wanted.

Minutes taken and typed by Tressa Luttrell.

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 TANEY COUNTY COMMISSION RECORD

FEBRUARY 27, 2008 25TH DAY OF
THE JANUARY ADJOURN TERM

The Taney County Commission met in the Commission’s Office at 9:02 a.m. pursuant to
adjourn with all members present and the following proceedings were had and made a matter of
record.

EXECUTIVE SESSION

Commissioner Strahan made a motion to go into executive session pursuant to 610.021.3.
Commissioner Herschend seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (yes).

Commissioner Herschend made a motion directing Counselor Paulson to take two weeks
of vacation immediately and that this Commission hires Mr. Paulson on a contract basis for two
weeks.

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

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. Road Standards: Mr. Preston requested as to if the Commission had any changes to be
made.

2. Minutes: A general discussion regarding which office is responsible for sending out
approved minutes was had. Commissioner Herschend made a motion to direct that the
County Clerk send out the minutes rather than the Commission’s Office as the Clerk is
the keeper of the record. Commissioner Pennel seconded the motion. The motion passed
by vote: Pennel (yes), Herschend (yes), Strahan (yes).

3. Calcium Chloride: Ms. Luttrell informed the Commission that road & bridge had
requested to order some calcium chloride but that the bid had expired. Ms. Luttrell added
that a bid would take two weeks and noted she was not sure about the weather.

Commissioner Herschend made a motion to approve the purchase of 8,000 gallons of
calcium chloride as an emergency purchase due to the possibility of severe weather prior to
being able to send out bids. Commissioner Strahan seconded the motion. The motion passed by
vote: Pennel (yes), Herschend (yes), Strahan (yes).

4. Road Sharing Project: Ms. Luttrell noted that she was in receipt of the Village of
Taneyville’s application for the road sharing tax. Commissioner Herschend made a
motion to give the Village thirty (30) days to define the roads within the application.
Commissioner Strahan seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (yes).

5. Metal Building Bid: Ms. Luttrell presented the Commission with the bids for a 40x60
metal building for the road & bridge department. Ms. Luttrell added that the bids were
sent to Mr. Preston for review and he has recommended awarding to Reliable Building
Company in the amount of $32,000.

Commissioner Strahan made a motion to award the bid to Reliable Building Company as
per Mr. Preston’s recommendation. Commissioner Pennel seconded the motion. The motion
passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

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 TANEY COUNTY COMMISSION RECORD

6. Precast Box Culvert Bid: Ms. Luttrell presented that Commission with the bids for
precast box culverts and added that they were sent to Mr. Preston for review. Ms.
Luttrell noted that Mr. Preston had recommended the bid to be awarded to Scurlock
Industries in the amount of $7,512.00.

Commissioner Strahan made a motion to award the bid to Scurlock Industries as per the
recommendation of Mr. Preston. Commissioner Pennel seconded the motion. The motion
passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

7. Board Appointments: Ms. Luttrell informed the Commission that board appointments
were needed for the Transportation Committee, Planning and Zoning as well as Board of
Adjustments. Commissioner Pennel made a motion to re-appoint Dave Clemenson to the
Board of Adjustments. Commissioner Herschend seconded the motion. The motion
passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

RECESS

Commissioner Herschend made a motion to recess and to let Ms. Luttrell finish her work
session as soon as Board of Equalization was finished. Commissioner Pennel seconded the
motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

RECONVENE
3:10 p.m.

TRESSA LUTTRELL
WORK SESSION CONT.

Ms. Luttrell continued the previously tabled work session with the Commission to
discussion various issues.

1. Prior Minutes: Commissioner Herschend made a motion to approve prior Commission
minutes dated 1/19/08 and 1/25/08 as corrected. Commissioner Pennel seconded the
motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

Commissioner Herschend made a motion to approve prior Commission minutes dated
1/26/08. Commissioner Strahan seconded the motion. The motion passed by vote:
Pennel (yes), Herschend (yes), Strahan (yes).

2. Transfer Station: Commissioner Herschend brought a request to the Commission in that
the customers at the Transfer Station be asked to separate their trash from any wood
pieces and that these items would be chipped and hauled off at no cost to the county.

After a brief discussion Commissioner Herschend made a motion to test the procedure
out…with a simple out clause…for sixty (60) days. Commissioner Strahan seconded the motion.
The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

3. Recycling Center: Commissioner Herschend noted that an individual had come in the
office with great concern regarding the recycling facility at the mechanic’s shed.
Commissioner Herschend added that there were several concerns noting one being that
the piles of recycled items could collapse on someone.

The County Commission agreed to discuss a resolution to this issue with Mr. Preston and
to also send a letter canceling the service provided by the vendor.

4. Elevator Door: Commissioner Pennel made a motion to leave the wall open in front of
the secured elevator at the Judicial Facility rather than closing it off. Commissioner
Herschend seconded the motion. The motion passed by vote: Pennel (yes), Herschend
(yes), Strahan (yes).

It should be noted that good signage will be in place.

RECESS
4:45 p.m.

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Minutes taken and typed by Tressa Luttrell.

MARCH 3, 2008 26th DAY OF
THE JANUARY ADJOURNED TERM

The County Commission met in the Associate Circuit II Courtroom at 9:01 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.

COMMISSIONER HERSCHEND
NO SOLICITING POLICY

Commissioner Herschend stated that he was under the impression that Commissioner
Pennel was not going to be in attendance this morning, due to his giving testimony in Jefferson
City for Senate Bill 1119. Commissioner Pennel commented that he will be leaving after the
Commission meeting. Commissioner Herschend stated that he would bring a draft into the office
in the morning for the Commission to review.

COMMISSIONER PENNEL
SB 1119

Commissioner Pennel stated that there will be a senate hearing in Jefferson City with the
topic being Prisoner Per Diem; SB 1119, which he would be attending, which would bring more
money to the county for the cost of housing state prisoners. Commissioner Pennel requested that
Counselor Paulson research the bill to make sure the memo is correct in what it says. The memo
reads as follows:

SB 1119 creates a $10 court cost to be assessed in all civil and criminal cases. The money shall be
deposited into the newly created “Prisoner Incarceration Reimbursement Fund.” The Department of Corrections
shall administer the fund, which shall be used only to reimburse counties for the cost of incarcerating state prisoners.
The money in the fund shall be in addition to the amount appropriated by the General Assembly for such purposes.

FRANK PRESTON
CASEY ROAD UPDATE

Frank Preston, Road & Bridge Superintendent, gave an update on Casey Road. Mr.
Preston stated that construction is well under way and currently our contractors are working on
the sewer line portion of the project. Over the past week there have been several complaints
such as; emergency vehicles not having proper access through the site and rude comments made
from the workers to the traveling public. Mr. Preston commented that overall there was
disobedience from Herion Construction while on the site.

Mr. Preston commented that he had met with contractors as well as a representative from
Great Rivers Engineering. There will be a new programmable message board set up at the east
end of Casey Road and on Hwy 160, both north and southbound. Mr. Preston commented that
he would post two entry level employees on this project to help minimize congestion of traffic
noted that the two employees, for the first several days, would be stopping each car and asking
them where they were going. Should they be classified as cut-through traffic, our employees
would then encourage them to take one of the detouring routes. Mr. Preston commented that this
would also enable emergency vehicles to be aware of the ongoing and moving project.

PUBLIC COMMENT
BOB SCHANZ

Mr. Schanz asked about the No Soliciting Policy. Commissioner Herschend stated that
he had been asked to gather and research information and compile it into a draft for the
Commission to review.

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 TANEY COUNTY COMMISSION RECORD

ACCOUNTS ALLOWED

Commissioner Strahan made a motion to approve accounts payable warrants #302288-
303391, #302932-302397, #302398-302490 and warrants #4797-4799 which includes the two
additions that were brought forward by Rick Findley, County Auditor. 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
2/27/08. 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 emergency executive session
pursuant to Section 610.021.1. Commissioner Strahan seconded. The motion passed by vote:
Pennel (yes), Herschend (yes), Strahan (yes).

In executive session the emergency which necessitated taking up this matter on no notice
was threats against the Commission made by a person thought to be unstable and needing to be
held for an evaluation and treatment. The risk of harm to the Commissioners, staff and all
families concerned the Commission.

RECESS
9:32 a.m.

Minutes taken and typed by Nikki Lawrence.

MARCH 4, 2008 27TH DAY OF
THE JANUARY ADJOURN TERM

The County Commission met at the Hollister City Hall at 1:30 p.m. pursuant to adjourn
with all members present and the following proceedings were had and made a matter of record.

SEWER DISTRICT MEETING

The County Commission attended the Taney County Regional Sewer District Meeting to
hear updates on the Bee Creek project, Bio-Solids as well as the Ozark Beach project. The
Commission also heard financing options for future sewer projects presented by US Bank.

Minutes typed by Tressa Luttrell

MARCH 5, 2008 28TH DAY OF
THE JANUARY ADJOURN TERM

The County Commission met in the Commission’s Office at 9:05 pursuant to adjourn
with Chuck Pennel, Presiding and Danny Strahan, Eastern Commissioner present and the
following proceedings were had and made a matter of record.

PAYROLL

Commissioner Strahan made a motion to approve payroll warrants as follows:

General County Revenue #104080 through #104099

Road & Bridge #104051 through #104073

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 TANEY COUNTY COMMISSION RECORD

Assessment Fund #104074 through #104076

Transfer Station #104077 through #104079

Accounts Payable warrants #302499 through #302511, manual warrants #4802 and #4803

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

TIM CONNELL
COUNTY POLICIES

The County Commission met with Tim Connell from Connell Insurers to go over the
County’s insurance policies.

It should be noted that Commissioner Herschend entered the meeting at 9:09 a.m.

Commissioner Strahan made a motion to approve the Agent of Record. Commissioner
Pennel seconded the motion. The motion passed by vote: Pennel (yes), Herschend (yes),
Strahan (yes).

Commissioner Herschend made a motion to decline the Terrorism coverage.
Commissioner Strahan seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (yes).

Mr. Connell noted that they would be going over the auto procedures with road & bridge
as soon as they can connect with Randy Haes. Commissioner Herschend noted that he would be
working with Frank Preston, Road Superintendent soon and would forward the contact
information to him.

JUDICIAL FACILITY

The County Commission met with representatives from HMN Architects, Septagon
Construction, Butler Rosenbury and Judge Orr to discuss the layout of the new Courtrooms in
the Judicial Facility.

RECESS
Noon

RECONVENE
1:20 p.m.

The County Commission reconvened with Commissioner Pennel and Commissioner
Strahan present.

BOB PAULSON
CONTRACT FOR SERVICES

Commissioner Strahan made a motion to approve a contract for services with Bob
Paulson in the amount of $3,000.00. Commissioner Pennel seconded the motion. The motion
passed by vote: Pennel (yes), Herschend (absent), Strahan (yes).

BOARD APPOINTMENT

Commissioner Pennel made a motion to appoint Jack Johnston to the Board of
Adjustments. Commissioner Strahan seconded the motion. The motion passed by vote: Pennel
(yes), Herschend (absent), Strahan (yes).

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MAS90

Commissioner Pennel noted that MAS90 was on the agenda for 3:30 today but that he
wanted to talk about it administratively just to update what he had learned through a discussion
with Sharon Siler, who the County contracts for MAS90 support.

RECESS
2:26 p.m.

RECONVENE
3:26 p.m.

WHITE RIVER VALLEY
HISTORICAL SOCIETY

Lisa Owen, Director for the White River Valley Historical Society met with the
Commission to discuss the environmental testing of the old jail.

It should be noted that Commissioner Herschend entered the meeting at 3:35 p.m.

MAS90

The County Commission again had a lengthy discussion regarding the placement of the
MAS90 accounting system into the County Clerk’s Office.

Commissioner Herschend made a motion to deny the expansion of the MAS90 system
into the County Clerk’s office as all the documents are available through email, that the Auditor
had concerns…with the problems of Board of Equalization and the problems with the
minutes…I wouldn’t be in favor of spending the citizens money.

Clerk Neeley stated that her concern was that the Commission was not supporting her in
accessing documentation that she believes she should access to do her job according to statutes.
Commissioner Herschend stated that the statute does not state that it can’t be filled through a
request of the Auditor.

Commissioner Pennel requested Clerk Neeley to present exactly what she needs, in
writing, so that he can take a look at it.

A discussion regarding the amount it would cost to fill the request ensued. The motion
died for a lack of a second. Commissioner Pennel noted that Ms. Siler would be willing to come
and speak to the Commission regarding the request.

RECESS
4:12 p.m.

Minutes taken and typed by Tressa Luttrell.

MARCH 6, 2008 29TH DAY OF
THE JANUARY ADJOURN TERM

The County Commission met in the Commission’s Office at 11:00 a.m. pursuant to
adjourn with all members present and the following proceedings were had and made a matter of
record.

STATE OF MISSOURI
DEPARTMENT OF ECONOMIC DEVELOPMENT

Bob Donnelly, Business Development Manager and Michael Nichols, Project Manager
from the Missouri State Department of Economic Development discussed how Chapter 100
Bonds could be utilized to entice data companies to the Underground in Branson.

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Minutes typed by Tressa Luttrell.

a present and the following proceedings were had and made a matter of record.

TANEYCOMO BRIDGE

The County Commission attended a meeting with representatives from the City of
Hollister and Branson, Representative Dennis Wood, Representative Ray Weter, Representative
Maynard Wallace and Senator Jack Goodman to discuss issues with the Taneycomo Bridge.

Minutes typed by Tressa Luttrell

MARCH 10, 2008 31st DAY OF
THE JANUARY ADJOURNED TERM

The County Commission met in the Associate Circuit II Courtroom at 9:01 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.

BOB SCHANZ
TANEY COUNTY ANIMAL CONTROL

Bob Schanz claimed to have several documents and concerns from county residents that
Commissioner Pennel may have committed nepotism by granting his wife authority to act on
behalf of Taney County.

Mr. Schanz read the nepotism provision from Article VII, Section 6 of the Missouri
Constitution and then asked several questions of Commissioner Pennel. County Counselor, Bob
Paulson advised that a County Commission meeting was not the place for these allegations and
noted that any concerns should be reported to the Missouri Ethics Commission for investigation.

Counselor Paulson also advised Commissioner Pennel that he shouldn’t answer the
questions because even if he had not committed nepotism a careless answer could give a wrong
impression and be used against him later.

Despite counsel’s advice, Mr. Pennel discussed an incident where his wife drove a puppy
with parvo to Springfield where it was euthanized. Mr. Schanz did not provide the Commission
with any of the supporting documents he claimed to have with him.

COMMISSIONER PENNEL
RELAY FOR LIFE BENEFIT

Commissioner Pennel informed the Commission that a county employee had contacted
him in regards to putting on another Relay for Life benefit to be held on March 20th.
Commissioner Pennel made a motion to schedule the benefit on March 20th. Commissioner
Strahan seconded the motion.

Wayne Harding approached the Commission and stated that he felt he had been
mistreated when he was asked to leave the courthouse while he was trying to collect signatures
for a petition. Mr. Harding also asked the Commission to reconsider the solicitation ordinance.
The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

COMMISSIONER PENNEL
USE OF 139.031.005 RSMo
Commissioner Pennel brought up the issue of using statute number 139.031.005 in
regards to the refund of taxes for up to three years after the mistake was made. Commissioner

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Pennel noted that he didn’t bring the actual statute with him but noted that the Board of
Equalization had voted that no refunds would be given for anything over a year old.

Commissioner Pennel commented that the county had had some problems in dealing with
the Condo situation and stated that if this isn’t a legal avenue then we need to reconsider those
taxpayers that have gotten caught in this situation. Counselor Paulson recalled that 139.031.005
is for erroneous payment or situation and that the Collector can correct it for up to a year.
Counselor Paulson added that the statute does not include erroneous assessment or classification
errors.

Counselor Paulson noted that he would have to check to make sure since there was some
questions as to whether the time frame was one year or three years. Commissioner Pennel stated
that his goal was to find a solution for the taxpayers.

COMMISSIONER PENNEL
VERIZON INVITATION TO COMMENT

Commissioner Pennel brought a letter before the Commission from Teracon, a company
looking at putting up a tower close to Highway 160, F Highway, and Highway 176. Counselor
Paulson asked if Teracon went through Planning and Zoning. Commissioner Pennel stated that
Teracon was just looking for any comments or objections with them placing the tower at those
specific locations due to historic reasons.

A general discussion ensued. The Commission concurred to have Counselor Paulson
review the document and then send it on to Planning and Zoning.

COMMISSIONER PENNEL
CLEO, COUNCIL OF LOCAL ELECTED OFFICIALS

Commissioner Pennel stated that he sat on the CLEO board for the County but had a
conflict with his schedule and asked for assistance in representing him at that meeting.

COMMISSIONER HERSCHEND
SOLICITATION ORDINANCE

Commissioner Herschend presented the Commission and the public with a draft copy of
the Solicitation Ordinance. Commissioner Pennel added that he had sent an email out to the
Elected Officials with a draft copy for any feedback.

Assessor Strahan strongly voiced that the Commission needed to be extremely careful
about the 1st Amendment Rights of the people. After discussion, Commissioner Pennel
expressed that the County may not need an “ordinance” just continue with the soliciting by
appointment like the county has always done. Sheriff Russell expressed concern as he frequently
has vendors stop by the Sheriff’s Department with important information or updates. Counselor
Paulson stated that the Commission has the right to regulate but without an ordinance, the
Commission does not have the authority to regulate. Auditor Findley expressed that the
Commission does have the right to regulate and if something needs to be put in an ordinance
book, for the record, then put the sign in the book.

Commissioner Pennel made a motion to direct Counselor Paulson write up a brief
ordinance mirroring what Auditor Findley said. Commissioner Herschend seconded the motion.
The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

RECESS
10:19a.m.

RECONVENE
10:27 a.m.

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COMMISSIONER HERSCHEND
IMPROVED SERVICE TO DISTRICT 1

Commissioner Herschend asked the Commission for the approval to spend approximately
$4,000.00, during the months of April to December, to open a satellite office with limited hours
in the Branson area. Commissioner Herschend stated that it would be a great benefit to the
citizens in district 1. Commissioner Herschend made a motion to authorize the opening of a
satellite office in Branson. Commissioner Pennel stated that it wasn’t a bad idea in that he had
previously thought about the idea.

A general discussion regarding the hours, staffing and information available ensued.
Commissioner Pennel asked if there was room for two desks. Gary Morgan, IS Administrator
discussed computer issues and added that Sheila Wyatt, Collector had even thought about having
a satellite office for the taxpayers who didn’t want to have to travel to Forsyth.

Commissioner Strahan stated that he had a real strong comment about the issue adding
that he was not in favor…whatsoever…should we set one up in Bradleyville or Protem as they
drive farther than on the west side. Commissioner Strahan added that this is a County
Courthouse…when we were elected we knew where we would be residing and the public knows
what their responsibilities are. Commissioner Strahan further stated that if a Commissioner
wants to go and announce to people that they were going to be at a different location and have a
meeting to discuss problems he had no problem…but to be out those dollars he was not for it.

Commissioner Pennel added that he hated to see something be started and not followed
through…if you say your going to be there you need to be there. Ms. Luttrell expressed some
concern with the possibility of two Commissioners being there at the same time as that would be
a quorum. James Strahan, Assessor expressed great concern with the tools available to the
public through the internet and noted that the Commission is not saving the taxpayers
money…just changing the location of the decision making process.

Commissioner Pennel noted that both the City of Hollister and the City of Branson, who
has been gratious in the past, the public could simply go in there to print off a form or we could
use a conference room.

Commissioner Strahan added that he couldn’t figure out why we were in this
discussion…if Mr. Herschend wanted to go to the Taney County Airport where we are already
paying the heat, where there is already computers…if he wanted to go and set up tables to meet
the public from the west side then he has the right to…that gives him the right to get closer to the
citizens…but to set up an expense account for something that we already have a location in the
Branson/Hollister area then I am totally against spending any tax money.

The County Commission concurred and Commissioner Herschend noted that he would
go speak with Mark Parent, Airport Manager.

COMMISSIONER HERSCHEND
LEGISLATIVE PARTNERSHIP IN MAY

Commissioner Herschend questioned the Commission if they should attend the
Legislative Partnership on May 13th-14th and inquired as to what issues would be discussed by
the Partnership.

It was noted that this would be the last day the Legislature would be in session therefore
would be of great importance to the County. Commissioner Strahan made a motion to table so
the Commission could find out what topics were going to be discussed and to give the decision
more thought. Commissioner Pennel seconded the motion. . The motion passed by vote:
Pennel (yes), Herschend (yes), Strahan (yes).

COMMISSIONER HERSCHEND
REPORT ON MOUNTAIN DATA CENTER

Commissioner Herschend commented that the County is now backing up all data here
locally, in Taney County, at the Mountain Data Center. Commissioner Herschend also stated

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that Gary Morgan, Information Systems Administrator and his staff had worked extremely hard
in getting our equipment moved over with few problems. Commissioner Herschend did note that
one of the problems in moving regarded the IP address given to the County which was on the
“black list”. Commissioner Herschend added that in working with Centurytel all the problems
had been fixed. Commissioner Herschend had sense received a letter from CenturyTel and
wanted to share it with the Commission:

“Century Tel has completed a root cause analysis on the factors that caused the Internet outage the week of
February 18, 2008. From our review, we find that there were two main issues that lead to this outage:

1) Century Tel’s failure to properly coordinate network maintenance with County personnel.
2) Invalid IP addresses.

Going forward, Century Tel will communicate all planned activities that will affect Taney County’s
network. As a VIP customer, we can coordinate these notifications via the VIP desk in LaCrosse or we can do them
locally. Within the next week, we will set up a meeting with you and/or your designee to discuss the various options
and get your input on what you prefer. A critical part of this is to coordinate far end testing of your services after
any network upgrade or maintenance and at this meeting we can get your thoughts on how you want that
coordination to flow as well.

As far as the IP addresses, Century Tel is implementing a practice to test all IP addresses we receive from
ARIN before we release them to a customer.

Taney County is a very important customer to us and we regret the inconvenience this outage caused the
County. Please accept our apologies and one month’s credit for this service. Also, please don’t hesitate to contact
me if you have any issues or concerns with any Century Tel service in the future. I will follow up with you in the
next two weeks to make sure this has been resolved to your satisfaction.”

Commissioner Herschend expressed that Century Tel is working hard to make sure we
are taken care.

COMMISSIONER HERSCHEND
TANEYCOMO BRIDGE REPORT

Commissioner Herschend reported that the Commission met with State Representative
Weter, Wallace and Wood, along with Senator Jack Goodman to discuss the Taneycomo Bridge
Issue. Commissioner Herschend also stated that our State Representatives and State Senator also
had a meeting with the engineers and the conclusion of that meeting was that the bridge would
not be closed prior to the county having something else in place.

Commissioner Herschend commented that the meeting was a success, even though no
answers for the Taneycomo Bridge funding were not answered, the Commission was assured that
a State Representative would be getting back to them.

COMMISSIONER HERSCHEND
RECYCLING CENTER

Commissioner Herschend brought up the issue of the Developmental Center of the
Ozarks’ contract and the need to get it canceled.

COMMISSIONER HERSCHEND
CELEBRATION CLEAN-UP

Commissioner Herschend reported that Rockaway Beach is putting on Celebration Clean-
up, where they are going to be painting and cleaning up their city and they will also be serving
food and providing entertainment. Commissioner Herschend further commented that anyone
who would be willing to help with this community project would be greatly appreciated.

TRESSA LUTTRELL
PROTECTIVE SUITS BID AWARD

Tressa Luttrell, County Administrator, presented the Commission with bids for Protective
Suits, which provides protection against chemical and biological terrorism, for our Emergency
Management Department. Ms. Luttrell stated that this is the third time we have gone out for bid
on the Protective Suits and that this is the only one that had been received. Ms. Luttrell

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commented that Christ Berndt, Emergency Management Coordinator, recommended that we buy
the suits from Lion Apparel in the amount of $1,995.00 per suit.

Ms. Luttrell further commented that the funding would come from the Homeland
Security Grant for both funding years of 2007 and 2008. Ms. Luttrell commented that the total,
after buying 20 suits, is $39,900.

A general discussion ensued. Commissioner Herschend made a motion for approval, but
to get an understanding of why we should purchase 20. Commissioner Strahan made a motion to
table until 1 p.m. so that the Commission could meet with Mr. Berndt. Commissioner Pennel
seconded the motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

RON HOUSEMAN

Ron Houseman commented that there is a great importance in attending the Legislative
Partnership Meeting in May, as that is the last week of session and that is when bills are passed
or killed.

Mr. Houseman also commented about the nepotism topic, which was discussed earlier in
this meeting.

FRANK PRESTON

Mr. Preston gave an update on the Casey Road project noting that the complaints had
slowed down, due to having a weekly meeting and placing 3 message boards in the area. Mr.
Preston also reported on the Transfer Station, in that they received a great inspection from DNR.

SHEILA WYATT
COUNTY COLLECTOR

Sheila Wyatt, County Collector, commented that SB 711 is very important and
encouraged the Commission to stay abreast of it.

ACCOUNTS ALLOWED

Commissioner Strahan made a motion to approve accounts payable warrants #302491-
302498, #302512-302599 and warrants #4800, 4801 and 4804. Commissioner Herschend
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
3/3/08, 3/4/08, 3/5/08 and 3/6/08 Commissioner Herschend seconded the motion. The motion
passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

RECESS
11:46 a.m.

Minutes taken and typed by Nikki Lawrence.

RECONVENE
1:05 p.m.

FRANK PRESTON & TRESSA LUTTRELL
WORK SESSION

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

1. Building Renovations: The Commission discussed the renovation of the Jail Annex
which will house the Recorder’s Office in the near future.

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2. Planning & Zoning: Mr. Preston informed the Commission that the staff was continuing
to work on cleaning up the code book noting that it may be months away before the final
product is produced. Some of the areas for discussion were a) clarifying the code so that
the staff are all on the same page, b) context changes and c) identifying clarifications
within the code.

3. Transportation Committee: Commissioner Pennel made a motion to appoint the
following individuals to the Taney County Transportation Committee: Jim Youngblood,
Dean Harmon, David Miller, Jack Baker and Bob Simmons. Commissioner Herschend
seconded the motion. The motion passed by vote: Pennel (yes), Herschend (yes),
Strahan (yes).

4. Recycling Center: Commissioner Strahan made a motion to discontinue the contract with
the Developmental Center of the Ozarks for the recycling center in Kissee Mills.
Commissioner Herschend seconded the motion. The motion passed by vote: Pennel
(yes), Herschend (yes), Strahan (yes).

5. Protective Suit Bids: Commissioner Strahan made a motion to approve Lion Apparel as
recommended by Chris Berndt. Commissioner Herschend seconded the motion. The
motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

6. Dura-Kast: Mr. Preston and Ms. Luttrell discussed a recent complaint from Dura-Kast, a
vendor who had not received the last three bids that they participated in. Mr. Preston
noted that in all three instances the reasoning for the award was justified, however he
would give Dura-Kast a call to speak with them.

Commissioner Pennel stated that he would like to be included on that phone call. Ms.
Luttrell noted that she would like something in writing for the file.

7. Minimum Flow: Mr. Preston presented the Commission with some pictures of the recent
flooding on Slough Hollow and noted that he would be going to take a look at Barker
Hole as well.

Commissioner Strahan noted that the County would need to follow up with the Corps of
Engineers and file for reimbursement to repair that road.

8. Presbyterian Church: Mr. Preston indicated that he had reviewed the Presbyterian
Church parking lot and would be getting some figures together to bring back to the
Commission for approval.

9. Diagnostic Scanner: Commissioner Strahan made a motion to approve the purchase of a
diagnostic scanner for the mechanics at the Kissee Mills shop. Commissioner Herschend
seconded the motion. The motion passed by vote: Pennel (yes), Herschend (yes),
Strahan (yes).

RECESS
3:52 p.m.

Minutes taken and typed by Tressa Luttrell

MARCH 11, 2008 32ND DAY OF
THE JANUARY ADJOURN TERM

The County Commission met at the Taney County M. Graham Clark Airport at 9:30 a.m.
with all members present and the following proceedings were had and made a matter of record.

AIRPORT BOARD MEETING

The County Commission attended the monthly airport board meeting and discussed the
funding proposals for the addition of hangars at the airport.

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RECESS

RECONVENE
1:00 p.m.

The County Commission reconvened in the Commission’s Office with all members
present.

SEPTAGON
MONTHLY UPDATE

The County Commission met with representatives from HMN Architects and Septagon
Construction for the monthly update on the Judicial Facility.

Commissioner Pennel made a motion to approve RFI#311 which added six handicap
sidewalk ramps to the project for the amount of an additional $2,155.00. Commissioner
Herschend seconded the motion. The motion passed by vote: Pennel (yes), Herschend (yes),
Strahan (yes).

Commissioner Herschend made a motion to deny PR#40 to change the paint colors for
rooms that have already been painted and would cost $1,833.00. Commissioner Pennel seconded
the motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

It should be noted that the Commission requested a refund from HMN Architects for the wrong
paint being approved.

Commissioner Strahan made a motion to approve RFI#305 & #325 which changed the
HVAC diffuser style in the laundry room for an additional $534.00. Commissioner Herschend
seconded the motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

Commissioner Strahan made a motion to approve PR#38 which supplied and installed a
ladder and grating in order to reach the roof access door above the east pod for an additional
$6,141.00. Commissioner Herschend seconded the motion. The motion passed by vote: Pennel
(yes), Herschend (yes), Strahan (yes).

RECESS
2:30 p.m.

Minutes taken and typed by Tressa Luttrell

MARCH 12, 2008 33RD DAY OF
THE JANUARY ADJOURN TERM

The County Commission met in the Commission’s Office at 9:00 a.m. pursuant to
adjourn with Chuck Pennel, Presiding and Danny Strahan, Eastern Commissioner present and the
following proceedings were had and made a matter of record.

PRIOR MINUTES

Commissioner Pennel made a motion to approve prior Commission Minutes dated 3/7/08
and 3/11/08. Commissioner Strahan seconded the motion. The motion passed by vote: Pennel
(yes), Herschend (absent), Strahan (yes).

EXECUTIVE SESSION

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

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Frank Preston, Road Superintendent presented the Commission with recommendations
for certain road department personnel wage increases. Mr. Preston noted that he had previously
met with Commissioner Herschend who made some comments but was in support. Ms. Luttrell
concurred that Commissioner Herschend had commented support of the raises.

Commissioner Pennel made a motion to make the following rate changes: Kathy Roberts
receiving $1.75 an hour increase, Jack Cole receiving .65 an hour increase, Randy Haes changing
from Salary to Hourly at $20.00 an hour, Jason Davidson receiving $1.00 an hour increase and
Harlan Collins receiving .55 an hour increase Brandi Sonnenfelt, Shawn McKinley, Jacqueline
Rogers, Brent Giffin, Keith Crawford, Sara Case, Billy Guerin and Linda Gifford all receiving
.50 an hour increase.

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).

HANGAR FUNDING
PROPOSALS

It should be noted that Commissioner Herschend was present via telephone.

Mark Parent, Airport Manager informed the Commission that all the questions raised at
the recent airport meeting had been answered and the Airport Advisory Board were
recommending the award to Regions Bank.

Commissioner Herschend made a motion to approve the funding for the hangar to
Regions Bank and to finalize all documents. Commissioner Strahan seconded the motion. The
motion passed.

Commissioner Herschend made a motion to authorize the airport to spend GCR funds for
the first payment in that the County will be reimbursed for the full cost (including any interest)
of said payment. Commissioner Pennel seconded the motion. Commissioner Herschend
amended his motion to add: for a maximum expenditure of $60,000.00. Commissioner Pennel
amended his second. The motion passed.

BUILDING HEIGHTS
WORK SESSION

The County Commission met with Brian Wade, Attorney, Dan Nosalek and Eddie Coxie
from the Planning & Zoning Department and Frank Preston, Road Superintendent to discuss the
Building Height restrictions.

The following areas were discussed:
‰ Scoring
‰ Residential
‰ Relative Policy
‰ Economic Opportunities
‰ Board of Adjustment for variances
‰ More factors with positive scores
‰ View obstruction

It should be noted that Commissioner Herschend entered the meeting at 10:45 a.m.

Commissioner Pennel made a motion to instruct the staff to enforce the code as amended
whether it is in print (in the Code Book) or not. Commissioner Herschend seconded the motion.
The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

RECESS
11:38 a.m.

Minutes taken and typed by Tressa Luttrell

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MARCH 17, 2008 34TH DAY OF
THE JANUARY ADJOURN TERM

The County Commission met in the Associate Circuit II Courtroom at 9:02 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 Helen Soutee followed by the pledge.

COST OF LIVING
RAISES

Commissioner Strahan presented the Commission with a printout noting a cost of living
increase for employees ranging from .10 cents to .25 cents an hour. Commissioner Strahan
added that with the cost of utilities going up 15% and the price of fuel let alone the cost of a
gallon of milk…everything is rising.

Commissioner Strahan commented that with the savings of the county’s insurance for the
employees at around $100,000…I worked with the Auditor’s office to get the cost for a cost of
living raise that would use the savings the county received.

Commissioner Strahan made a motion to give a .25 cent an hour increase for all
employees except those that received a raise last week. Commissioner Pennel seconded the
motion.

Commissioner Pennel asked the Auditor if he had researched what the cost would be
towards the budget. Auditor Findley noted that that was what Commissioner Strahan had
presented.

Commissioner Herschend made a motion to table, noting that he supports an across the
board raise however he would like to see if .25 cents is enough. Commissioner Herschend stated
that he would like to have a work session and then come back next week.

Auditor Findley pointed out that the Commission would need to keep in mind that there
is another 10% that would cover the benefits such as lagers and added that he would really like
for the county to have a policy regarding how and when raises are done. Commissioner Pennel
asked Auditor Findley if he was comfortable with the .25 cents. Auditor Findley stated yes.

The table died for a lack of a second. Commissioner Strahan called for a vote. The
motion passed by vote: Pennel (yes), Herschend (no), Strahan (yes).

Commissioner Pennel noted that he would like to have a work session with the elected
officials to see if they have any other concerns with their budget. Commissioner Herschend
stated that it seems like we have already made a decision why ask them after the fact.
Commissioner Pennel stated then that he would withdraw his comment.

Commissioner Strahan made a motion to make the raise effective 3/17/08.
Commissioner Pennel seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (no), Strahan (yes).

TRANSPORTATION COMMITTEE

Commissioner Strahan announced that the Commission had appointed the Transportation
Committee to look a comprehensive look at the county. Commissioner Strahan noted that since
he had been in office one of the biggest concerns has been safety and this Commission has taken
steps to correct those issues.

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ROCKAWAY BEACH CLEANUP

Commissioner Strahan noted that he had attended the citywide cleanup at Rockaway
Beach and stated that he was very impressed to see the amount of people who volunteered from
all over the country just to try and help a small community.

ECONOMIC DEVELOPMENT DIRECTOR

Commissioner Pennel commented that the Commission has had the position of the
Economic Development Director on the back burner and noted that the Interim Director has
taken a position with the Branson Downtown Association. Commissioner Pennel stated that he
would suggest that the Commission go out for the advertisement for this position. Commissioner
Strahan stated that he thought it was a good idea.

Commissioner Herschend asked what the objective of the Commission was for this
position…what tools will this person have. Commissioner Herschend added that he felt that the
Commission should take a look at it.

Commissioner Pennel directed Tressa Luttrell, County Administrator to start the
advertising for the position since two of the Commission was in favor.

NO PARKING ORDINANCE

Commissioner Pennel brought forward the issue of a “No Parking Ordinance”
distributing copies of the City of Hollister’s and invited members of the public to speak on the
issue.

Allen Nugget, President of the Home Owners Association for Spring Meadows expressed
a lot of concern where cars are parked on both sides of the street. Mr. Nugget stated that if there
was to be an emergency, the emergency crews could not get through and added that there are a
lot of children running through the street.

Mr. Nugget further expressed concern with the building of a new subdivision being built
behind them noting that now dump trucks are coming through the area.

Commissioner Herschend made a motion to proceed with amending this very ordinance
and looking at the speed limits within the subdivisions. Commissioner Pennel asked if the
Commission was in favor of having the public hearing the following Monday. Commissioner
Herschend stated yes.

Commissioner Strahan asked what precautions the subdivision (Spring Meadows) had
previously. JR Crawford, Secretary to the Association stated that they have covenants and
restrictions however the developer covenants didn’t address the parking so we are in the process
of trying to change it.

Commissioner Herschend asked how the Association enforced the covenants if they were
not followed. Mr. Crawford stated that they would put a lien on the property. Commissioner
Herschend stated that the county has the policing powers to enforce…it makes sense where the
county has stepped in…it’s a tool that could be utilized where it makes sense.

The motion died for a lack of a second. Frank Preston, Road Superintendent stated that
most subdivisions don’t have adequate road widths of 31’ to have parking on the road. Mr.
Preston added that the new road standards would make it mandatory at 31’ from curb to curb.
Mr. Preston further commented that he would like to take a look at the nuisance type of vehicles,
which are the ones that impede the sight.

RESPONSE TO NEPOTISM COMPLAINT

Commissioner Pennel read the following response to the recent nepotism complaint.

“Last Monday, Mr. Bob Schanz addressed the Commission after he had asked to be on
the agenda concerning Animal Control. It actually appears his issue was not Animal Control but
to suggest that I might be guilty of nepotism and his apparent goal is to see me removed from

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office. It is unfortunate that he has tried to use what I have done with the volunteer help of my
wife Renee’ on weekends and after regular business hours to assist the Sheriffs Office with calls
they receive on injured, abandoned, stray and vicious animals since we do not pay our animal
control staff to be on call 24/7.

Mr. Schanz asked 13 questions about my actions while responding to those county calls.
He did not give me a copy of the questions he asked or of the numerous documents that he said
indicated that I may have committed nepotism. Later in the meeting during the public comment
section Mr. Ron Houseman addressed the Commission about the issue and did hand me a folder
containing a copy of those questions. Mr. Houseman commented that there were other
documents that he had seen but that Mr. Schanz did not want me to see them. Mr. Houseman
said that “those documents without mentioning any names are very egregious in nature”.

Our county attorney strongly and repeatedly recommended that I be very careful of how I
answer the questions since there could be criminal charges. Commissioner Herschend and Mr.
Houseman also made similar statements to me. After looking back at the proceedings I wish I
would not have followed their advice. By not insisting on receiving a copy of the questions from
Mr. Schanz and answering them right then his apparent attempt at a smear campaign may have
been partially effective. A good friend of mine after hearing the sound bites on the radio
understood that the county had paid Renee’ to take a sick dog to the vet which was not the case
at all.

My wife has never driven a county vehicle and after talking with her we cannot
remember of her ever being in one. She has used our personal vehicles to voluntarily pick up
animals at my request. She has helped me clean, feed and water at the shelter more than once
when staff was not available on a weekend or holiday. She has never been compensated directly
or indirectly for any volunteer help she has given. She has never worked as an employee only as
a volunteer like many others in our county do. She has used our personal vehicles without any
compensation to respond at my request to a Sheriffs call when I was not available. The only
benefit that Renee’ has received is the satisfaction of helping animals in need and me her
husband.

I have attached a copy of Mr. Schanz’s questions and my answers to each. I intend to
send copies of all these documents and copies of the recordings of these two meetings to the
Prosecuting Attorney, Attorney General and the Missouri Ethics Commission. My hope is that
they will make a thorough investigation of the information and a judgment of the concerns of
Mr. Schanz and Mr. Houseman.”

Commissioner Herschend asked Commissioner Pennel if he had over the weekend sent
Renee’ to respond on a call. Commissioner Pennel stated yes. Commissioner Herschend stated
that he would ask Commissioner Pennel not to do that any more until we have had time as a
Commission to look at the issue so we aren’t seen as approving this. Commissioner Herschend
noted that the Commission should look at what our role of Animal Control is…do we pick up the
injured?

Commissioner Pennel expressed frustration noting that he needed two Commissioner’s to
change what has been being done for the past four years. Commissioner Strahan commented that
although he sees where Commissioner Herschend is coming from…I see that it’s not in your best
interest to continue doing it.

Commissioner Pennel again noted that he needed it to be real clear. Commissioner
Strahan added that the facts are that this has been sent to the authorities and my statement is that
I think for your own protection…until this has been answered.

James Stevenson, a past employee, stated that Commissioner Pennel has been penny wise
and pound foolish with how the kennel is ran. Stevenson added that while working at the kennel
he had given Commissioner Pennel several issues that needed to be attended to but
Commissioner Pennel would just roll his eyes. Mr. Stevenson commented that Commissioner
Pennel should either shut it down or operate it.

Commissioner Pennel noted that if these issues needed to be talked about why didn’t Mr.
Stevenson come before the three Commissioners noting that many of Mr. Stevenson’s statements

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were false and gaveled him out of order. Mr. Preston commented that road & bridge has
employees on call all the time they would just need the proper tools.

Mr. Schanz approached the podium to speak about the issue. Commissioner Pennel
commented that he understood that Mr. Schanz wasn’t going to say anything on this issue….
Commissioner Herschend stated “point of order”…you have gaveled to shut him off and then
wanted to ask him questions.

JOURNAL ENTRY

Commissioner Herschend made a motion to approve a journal entry in the amount of
$3,767.42 for work that road and bridge had done for the sewer department. Commissioner
Strahan seconded the motion.

A discussion regarding journal entries ensued noting that the requests should be done on
a quarterly basis. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

RECORD RETENTION

Auditor Findley presented the Commission with a listing of records that per the Secretary
of State’s record retention could be destroyed by his office. After a general discussion, Clerk
Neeley is to receive the documents for review and once they are truly ready for destruction,
Clerk Neeley shall be the one to present to the Commission.

Clerk Neeley did request that Counselor Paulson check the list for any pending lawsuits.

RECESS
10:53 a.m.

RECONVENE
11:02 a.m.

RECORD RETENTION CONT.

Commissioner Herschend made a motion to table the record retention request until Clerk
Neeley has the chance to review. Commissioner Strahan seconded the motion. The motion
passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

PRIOR MINUTES

Commissioner Pennel made a motion to approve prior Commission Minutes dated
3/10/08 with a correction. Commissioner Strahan seconded the motion. The motion passed by
vote: Pennel (yes), Herschend (abstain), Strahan (yes).

Commissioner Strahan made a motion to table 3/12/08. Commissioner Herschend
seconded the motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

PUBLIC COMMENT

Commissioner Herschend noted that he would be working on the April 15th date for a
satellite office and would be announcing the hours of operation soon. Ms. Luttrell asked for
verification regarding costs. Commissioner Herschend noted that there would be none.

Commissioner Strahan clarified that he was not in favor the satellite office only that the
airport wouldn’t cost the county anything.

Commissioner Strahan noted that Jerry Gideon, a former Commissioner, had passed
away adding that the service would be 3/20 at 2 p.m.

The Commission announced that the Spring Cleanup is scheduled for April 11th and 12th.

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Commissioner Pennel announced that Gilley’s Theatre would be putting on another
benefit on April 1st and 2nd for both the Animal Control facility and the Taney County Human
Society.

Commissioner Pennel announced that there has been a Parvo outbreak at the kennel
therefore they would not be taking any animals at this time. The Commission explained how the
outbreak happened with a recent break-in at the kennel.

ACCOUNTS ALLOWED

Commissioner Strahan made a motion to approve accounts payable warrants #302602
through #302721, manual warrant #4808. Commissioner Pennel seconded the motion. The
motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

RECESS
11:20 a.m.

EXECUTIVE SESSION

Commissioner Herschend made a motion to go into executive session pursuant to RSMo.
610.021.12.

Commissioner Herschend made a motion to approve the contract for the lease of the
Commission’s Office between Taney County and Mary Owen. Commissioner Pennel seconded
the motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

Commissioner Pennel made a motion to approve the Tower Lease Agreement between
Taney County and EBC Harrison Inc. Commissioner Strahan 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).

RECESS

RECONVENE
2:50 p.m.

SEPTAGON CONSTRUCTION
BLACK BASE PROPOSAL

Commissioner Strahan made a motion to go ahead with the new black base proposal,
which includes the concrete in the dip for the Judicial Facility. Commissioner Herschend
seconded the motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

RECESS
3:23 p.m.

Minutes taken and typed by Tressa Luttrell.

MARCH 18, 2008 35TH DAY OF
THE JANUARY ADJOURN TERM

The County Commission met at the Hollister City Hall at 1:15 p.m. with Chuck Pennel,
Presiding and Danny Strahan, Eastern Commissioner present and the following proceedings were
had and made a matter of record.

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SEWER DISTRICT MEETING

Commissioner Pennel and Commissioner Strahan sat in on the pre-meeting for the Taney
County Regional Sewer District and agreed for road & bridge to put a culvert in for Marsha Lay
contingent upon an agreement being written by Counselor Paulson and signed.

LEGISLATIVE VISIT TO THE
BRANSON UNDERGROUND

Commissioner Pennel and Commissioner Herschend met with Legislators at the Branson
Underground.

Minutes taken by Chuck Pennel and typed by Tressa Luttrell

MARCH 19, 2008 36TH DAY OF
THE JANUARY ADJOURN TERM

The County Commission met in the Commission’s Office at 9:06 a.m. pursuant to
adjourn with Chuck Pennel, Presiding and Danny Strahan, Eastern Commissioner present and the
following proceedings were had and made a matter of record.

PAYROLL

Commissioner Strahan made a motion to approve the following payroll warrants:

General County Revenue #104100 through #104101, #104131 through #104150

Road & Bridge #104103 through #104124

Assessment Fund #104102, #104125 through #104127

Transfer Station #104128 through #104130

Accounts Payable Warrants #302741 through #302755, manual warrants #4809, #4810

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

PRIOR MINUTES

Commissioner Strahan made a motion to amend the previous motion and approve prior
Commission Minutes dated 3/10/08 with some additional changes being made as well as the
approval of 3/12/08 and 3/18/08. Commissioner Pennel seconded the motion. The motion
passed by vote: Pennel (yes), Herschend (absent), Strahan (yes).

COST OF LIVING RAISES

Commissioner Strahan made a motion to approve the .25 cent increase for all county
employees, hourly and salary with the exception of elected officials. Commissioner Pennel
seconded the motion. The motion passed by vote: Pennel (yes), Herschend (absent), Strahan
(yes).

TIM CONNELL
WORKERS’ COMPENSATION

Tim Connell representing Connell Insurers met with the Commission to discuss ways of
being proactive in regards to workers’ compensation.

Mr. Connell discussed the following: 1) a contract with St. Johns has been completed as
the primary workers’ comp care provider which will reduce the county’s costs 2) would ask that

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 TANEY COUNTY COMMISSION RECORD

the Commission adopt a modified light duty work program and would request for 6 – 12 months
reporting back to the Commission on the progress.

Commissioner Strahan asked if there was a suspicion of fraud would Connell provide the
investigation. Mr. Connell noted yes.

Commissioner Pennel made a motion to implement the modified light duty work program
into the county policy. Commissioner Strahan seconded the motion. The motion passed by vote:
Pennel (yes), Herschend (absent), Strahan (yes).

911 MAP BID

Tressa Luttrell, County Administrator presented the Commission with the bid for the 911
maps. Ms. Luttrell stated that there had only been one bidder and had spoken with Tammy
Hagler the 911 Administrator who noted that this company was the only bidder previously.

Ms. Luttrell indicated that Ms. Hagler was comfortable with the company and the bid.
Commissioner Pennel made a motion to approve the bid for Riley Marketing. Commissioner
Strahan seconded the motion. The motion passed by vote: Pennel (yes), Herschend (absent),
Strahan (yes).

ROAD & BRIDGE TAX SHARING
VILLAGE OF TANEYVILLE

Ms. Luttrell stated that the Commission had previously given the Village of Taneyville
30 days to complete the listing for their 2008 project for the tax sharing program, which has been
submitted, therefore Ms. Luttrell noted that she was looking for an approval.

Commissioner Pennel made a motion to approve the project for up to $50,000.
Commissioner Strahan seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (absent), Strahan (yes).

ANIMAL CONTROL TRAINING

Ms. Luttrell commented that a couple of the employees at Animal Control were
requesting to go to training, however the deadline for the tranquilizer training was on 3/21/08.
Commissioner Pennel noted that in light of all the concerns with animal control and the recent
journal entries he was wondering where the animal control budget currently was. Commissioner
Pennel noted that he was not comfortable with out looking at the budget.

Commissioner Strahan made a motion to table this issue until later this afternoon.
Commissioner Pennel seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (absent), Strahan (yes).

COURTROOM CHANGES

Ms. Luttrell noted that Mike Smith from Septagon Construction had recently given her a
new version of the courtroom layout where the Commission had requested some possible
changes. Ms. Luttrell commented that it was Mr. Smith’s estimation that the changes would be
approximately $20,000.

It should be noted that Commissioner Herschend entered the meeting at 10:38 p.m.

Commissioner Herschend stated that he would spend $20,000 for the addition of seating.
Commissioner Pennel noted that he was ok with the change however he asked that the benches
be extended to the wall.

EXECUTIVE SESSION

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

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 TANEY COUNTY COMMISSION RECORD

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

TRI-LAKES AREA BIO-SOLIDS PARTNERSHIP MEETING

Commissioner Pennel and Commissioner Herschend attended the Tri-Lakes Area Bio-
Solids Partnership Meeting at the Town Hall in Hollister, Missouri. They heard and discussed
facts of the Preliminary Design Study prepared by Great Rivers Engineering.

Minutes taken and typed by Tressa Luttrell.

MARCH 20, 2008 37TH DAY OF
THE JANUARY ADJOURN TERM

The County Commission met at the Forsyth City Hall at 8:30 a.m. pursuant to adjourn
with all members present and the following proceedings were had and made a matter of record.

TRANSPORTATION ISSUES
CONGRESSWOMAN EMERSON

The County Commission attended a roundtable discussion regarding the transportation
issues in Taney County spearheaded by Congresswoman Emerson.

Congresswoman Emerson noted the importance of transportation along State Hwy 160,
the Taneycomo Bridge as well as the East/West Corridor that the Commission was working
towards.

¾ The State Hwy 160 project stems from 65 to the eastern Taney County line
¾ The Taneycomo Bridge project would instill that the bridge would not close
¾ The East/West Corridor project will provide traffic relief to State Hwy 76 and provide the
citizens with a better route to the west side of the county

Commissioner Strahan commented that it was very important for the county to receive
federal or state funds for the bridge, which would free up the county’s money for the East/West
Corridor.

A general discussion ensued and Congresswoman Emerson stated that the State Hwy 160
project had been sent to appropriations wherein Mr. Steve McIntosh, a representative of
Congressman Blunt’s office stated that the bridge funding had been submitted for appropriations
as well.

RECESS

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

TRASH CLEAN UP
RESULTING FROM THE RECENT FLOOD

Commissioner Pennel made a motion to have an emergency meeting as the 24 hour
notice could not be given…due to the recent flooding, citizens need to be advised of what they
can do with the debris left from the flood. Commissioner Strahan seconded the motion. The
motion passed.

Commissioner Pennel made a motion to announce that the citizens would be allowed to
dump the debris from the flood at the Transfer Station on 3/22 and 3/29 free of charge.
Commissioner Strahan seconded the motion. The motion passed.

Minutes taken and typed by Tressa Luttrell.

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 TANEY COUNTY COMMISSION RECORD

MARCH 21, 2008 38TH DAY OF
THE JANUARY ADJOURN TERM

The County Commission met at the Tri-Lakes Board of Realtor’s Office at 8:30 a.m. with
Chuck Pennel, Presiding and Ron Herschend, Western Commissioner present and the following
proceedings were had and made a matter of record.

JOINT LEGISLATIVE AFFAIRS COMMITTEE

The County Commission attended the Joint Legislative Affairs Committee meeting.

Minutes typed by Tressa Luttrell.

MARCH 24, 2008 39th DAY OF
THE JANUARY ADJOURNED TERM

The County Commission met in the Associate Circuit II 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 Commissioner Pennel followed by the pledge.

JAMES STEPHENSON
ONGOING PROBLEMS WITH THE ANIMAL CONTROL FACILITY
>PRACTICES & MANAGEMENT

James Stephenson addressed the Commission with the following concerns:

• No Security System
• Parvo Outbreaks
• Vaccination Against Rabies For Employees
• Manner of Operation
• Euthanasia Policy
• Veterinarian Services
• Transportation of Animals
• Additional Staff
• Nepotism

Commissioner Herschend and Commissioner Strahan commented that the Commission would
discuss the security system. Commissioner Strahan also stated that the Animal Control facility is
not a shelter. Commissioner Pennel stated that he appreciated Commissioner Strahan auditing
the facility from time to time.

SHEILA WYATT, COUNTY COLLECTOR
YEAR END SETTLEMENT & DELINQUENT TAX BOOK

Collector Wyatt presented the following Annual Settlement for 2007.
Annual Settlement of Sheila Wyatt Collector of Taney County

For Year Ended February 29, 2008

Summary of Charges Amount Summary of Credits A

Total Current * 41,859,362.60 Total Collections of Taxes
Total Back and Protested 6,967,014.00 Total Delinquents
Total Other 1,302,035.19 Total Abatements
Total Protested

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 TANEY COUNTY COMMISSION RECORD

Total Charges 50,128,411.79 Total Credits 50,128,411.77

Tax Book Difference (0.02)
Grand Total Charges 50,128,411.77 Grand Total Credits 50,128,411.77

* Total Surtax in this Amount if not shown as separate Distribution
(March 2007- Feb 2008) 549,837.30

Distributions Amount
TIF Branson Landing 1 658,393.25
TIF Branson Hills 261,909.56
State 274,804.48
General Revenue 13,104.22
Health Center 1,199,660.17
Schools 34,995,093.43
Cities 2,689,887.41
Ambulance 16,703.97
Handicap 778,566.19
Fire Districts 1,378,245.81 * Assessment 382,497.87
Retirement 227,130.11 Commissions: County 623,686.62
Tax Sale Surplus 75,406.23 Collector TMF 109,433.49
PIA Interest 3,730.63

Subtotal 1,115,617.98

1,115,617.98

Subtotal 42,572,635.46
Total Distributions 43,688,253.44

I,_____Donna Neeley______, Clerk of the County Commission of Taney County hereby certify the above
and the attached to be a copy of the Annual Settlement of the County Collector with the County Commission on
the 24th day of March. 2008, for the year ending _______February 29___,2008 as the same appears
of record in my office. In Testimony Whereof, I have hereunto set my hand and affixed the Seal of the County
Commission of Taney County. Done at my office in Forsyth, Missouri this ________day of ______________, 2008.

________________________________
Donna Neeley, Clerk of County Commission

Charges Credits
Current Amount Current Amount
2007 LAND TAX BOOK 2007 LAND TAX BOOK
From Tax Book 31,700,008.65 By Collections 28,445,191.68
TIF Branson Land
From TIF Branson Land #1 689,521.24 By Collections #1 669,436.34
TIF Branson Hills
From TIF Branson Hills #1 269,761.62 By Collections #1 265,780.96
Protested Taxes (1,098,243.87) By Delinquent 1,954,689.55
From Additions 647,800.84 By Abatements 878,665.61
Missouri Dept of Conserv. 4,915.66
TOTAL 32,213,764.14 TOTAL 32,213,764.14

2007 PERSONAL TAX BOOK 2007 PERSONAL TAX BOOK
From Tax Book 6,474,851.88 By Collections 5,836,268.60
From Additions 326,534.94 By Delinquent 721,309.42

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 TANEY COUNTY COMMISSION RECORD
Protested Taxes (81,336.39) By Abatement

TOTAL 6,720,050.43 TOTAL

2007 RAILROAD & UTILITY TAX BOOK 2007 RAILROAD & UTILITY TAX BOOK
From Tax Book State 1,017,899.05 By Collections
From Tax Book Local 151,455.59 By Delinquent
Private Car Trust Fund 17,965.78 By Abatement
Protest 0.00
TOTAL 1,187,320.42 TOTAL

PROTESTED TAXES PROTESTED TAXES
2007 & Prior Protest 2007 & Prior Protest
From Tax Book 1,212,127.99 By Collections
From Tax Book 2006 33,730.67 By Protest 2006 & 2007
From Tax Book By Protest 2007 surtax
From Tax Book 0.00 By Protest 2006 surtax
Protested Taxes 0.00 By Protest
TIF By Protest
By Abatement
TOTAL 1,245,858.66 TOTAL

2007 SURTAX 2007 SURTAX
From Tax Book 488,499.17 By Collections
ADD-ON 13,655.30 By Delinquent
Railroad & Utilities 22,762.21 By Abatement
Add-on Railroad & Utilities 0.00 By Abatement Railroad
Protested (32,547.73)

TOTAL 492,368.95 TOTAL
Total Current Charges 41,859,362.60 Total Current Credits

Charges Credits
Back Taxes Amount Back Taxes
2006 & Prior Land Tax Book 2006 & Prior Land Tax Book
From Tax Book 2,561,629.67 By Collections
From Additions 0 11,182.96 By Delinquent
From Additions By Abatement
Protest 2001
TIF
TOTAL 2,572,812.63 TOTAL

2006 & Prior Personal Tax Book 2006 & Prior Personal Tax Book
From Tax Book 1,046,988.75 By Collections
From Additions 2006 & 2005 0 243,621.23 By Delinquent
From Additions 2003 & 2004 7,101.28 By Abatement
From Additions 2002 505.10
From Additions 0.00 By Outlaw 2003 & 2004
TOTAL 1,298,216.36 TOTAL

2006 & Prior Railroad Tax Book 2006 & Prior Railroad Tax Book
From Tax Book By Collections

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 TANEY COUNTY COMMISSION RECORD
From Additions By Delinquent
By Abatements
TOTAL 0.00 TOTAL 0.00

2006 & Prior Surtax 2006 & Prior Surtax
From Tax Book 57,226.90 By Collections 47,967.29
Run-On 0 241.54 By Delinquent 9,051.45
Protested By Abatement 449.62
TOTAL 57,468.44 TOTAL 57,468.36

ALL CITIES ALL CITIES
From Tax Book 2,767,650.22 By Collections 2,681,843.11
Branson TIF 324,908.24 By Collections 0.00
From Additions 78,890.21 By Delinquent 271,009.10
From Additions railroad 0.00 By Abatement 67,733.42
(Protested Taxes) (132,932.10) By Outlaw 17,931.00
TOTAL 3,038,516.57 TOTAL 3,038,516.63

Total Back and Protested 6,967,014.00 Total Back and Protested 6,967,013.98

Other: Other:
Delinquent Interest on Taxes 621,711.81 By Collections Interest on Taxes 621,711.81
From Penalties (2% Penalty,all fees,etc.) 109,511.03 By Collections Penalties,fees 109,511.03
From Interest on Investments 114,625.74 By Collections Interest on Invest 114,625.74
From Interest on late fee 829.59 By Collections Interest on late fee 829.59
From Licenses auctioneer 343.00 By Collections Auctioneer 343.00
From Licenses Merch Lic 19,600.00 By Collections Licenses - Merch 19,600.00
From Licenses liquor lic 54,813.37 By Collections liquor license 54,813.37
From Duplicate Receipts 1,292.00 By Collections Duplicate Receipts 1,292.00
From Publication Fees 8,450.00 By Collections Tax Sale Pub Fee 8,450.00
Tax Sale Surplus
From Tax Sale Surplus 75,406.23 By Collections Paid 75,406.23
Retirement Fund 183,713.04 By Collections Retirement fund 183,713.04
From Collect-TMF 108,008.75 By Collections Collect TMF 108,008.75
PIA Interest 1,674.10 PIA Interest 1,674.10
PIA Interest 2,056.53 PIA Interest 2,056.53

TOTAL 1,302,035.19 TOTAL 1,302,035.19

Collector Wyatt added that she delivered the delinquent tax books to the Commission
Office at the end of last week for the Commission to review and stated that the book was
prepared according to Chapter 140.030 RSMo. Commissioner Pennel stated he was satisfied
with the books as presented. The Delinquent Tax Books will remain in the Commission Office
until Friday, March 28th, at which time they will be turned over to the County Clerk.

COMMISSIONER PENNEL
BADD ROAD GRAVEL MINING REQUEST

Commissioner Pennel stated the Department of Natural Resources requires that the
applicant to send notification to the governing body and to adjacent land owners.

A general discussion ensued. Frank Preston, Road & Bridge Superintendent, stated he
had not received any complaints against the operation.

COMMISSIONER PENNEL
NO PARKING ORDINANCE

Commissioner Pennel communicated that the Commission needed to set up a work
session to discuss the ordinance. He also stated that the Commission would discuss it this
afternoon when the Commission meets with Frank Preston, Road and Bridge Superintendent and
Tressa Luttrell, County Administrator.

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 TANEY COUNTY COMMISSION RECORD

COMMISSIONER PENNEL
OPINION REQUEST ON PROPERTY TAX REFUND

Commissioner Pennel stated that the Commission has a responsibility to the taxpayers in
keeping them from paying additional taxes. Commissioner Pennel stated his first thought was to
get an opinion from the State Tax Commission, as to whether under Chapter 139.031.5 RSMo. it
is the duty of the County Collector to refund taxpayers. Counselor Paulson concurred that it is
the Duty of the Collector to refund in cases of mistaken payments and erroneous levies.

A general discussion ensued. Commissioner Strahan commented that this is for the Board of
Equalization meeting. Commissioner Herschend made a motion to table this discussion.
Commissioner Strahan seconded the motion. The motion passed by vote: Pennel (no),
Herschend (absent), Strahan (yes).

JAMES STRAHAN
COUNTY ASSESSOR

Assessor Strahan commented on assessments and property tax refunds. He also stated
that all should adhere to law as it is written.

FRANK PRESTON
FLOODING

Frank Preston, Road Superintendent, reported to the Commission that during the
flooding there were 20-30 roads that were closed and that Road and Bridge responded to the Bull
Creek area as soon as they could. Mr. Preston stated that it is a fluctuation situation and that Bull
Creek is rising approximately ½” to ¾” per hour and it is expected to crest on Saturday, at an
additional 11 feet. His crews are extremely busy and trying to stay on top of all of the flooded
areas.

RON HERSCHEND
STONE COUNTY

Commissioner Herschend stated that Stone County did not fair as well as Taney County
during the flooding period. Commissioner Herschend commented that with the Commission’s
concurrence, Taney County could take a crew over and help Stone County. He also stated that if
they requested our help with power and equipment, we would make it readily available to them
and made such motion. Counselor Paulson commented that if the Commission was going to do
that, an Intergovernmental Agreement should be in place. Commissioner Herschend stated his
belief that on was already in place with Stone County’s EOP (Emergency Operation Procedures).
Counselor Paulson will check to make sure that an Agreement is in place. Commissioner
Strahan commented that the Commission needed to take care of Taney County first before
helping out any other counties. The motion died for a lack of a second.

DANNY STRAHAN
TRANSPORTATION ISSUES

Commissioner Strahan reported that the meeting with Congresswoman Emerson was very
positive. Governor Blunt’s Office has filed an appropriations bill at the federal level for the two
major traffic issues in Taney County, which are the widening of Hwy 160 through Forsyth and a
new bridge over Lake Taneycomo in Branson, Missouri.

ACCOUNTS ALLOWED

Commissioner Strahan made a motion to approve accounts payable warrants #302722-
302740, #302756-302841 and #302842-302844. Commissioner Pennel seconded the motion.
The motion passed by vote: Pennel (yes), Herschend (absent), Strahan (yes).

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PRIOR MINUTES

Commissioner Pennel made a motion to approve prior Commission minutes dated
3/17/08, 3/19/08, 3/20/08 and 3/21/08. Commissioner Strahan seconded the motion. The motion
passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

RECESS
10:38 a.m.

Minutes taken and typed by Nikki Lawrence.

RECONVENE

The County Commission reconvened at 11:05 a.m. in the Commission’s Office with
Chuck Pennel, Presiding and Danny Strahan, Eastern Commissioner present.

BULL CREEK BRIDGE

Rick Gregg and Attorney Brian Wade met with the Commission to discuss the Bull Creek
Bridge. Mr. Wade stated they were before the Commission to offer to build the bridge then turn
it over to the county to be placed on the county maintenance system. Mr. Wade added that the
Commission would approve the design and would request that the Commission enter into a
Development Agreement similar to agreements entered into by the City of Republic, Greene
County and Christian County.

Commissioner Herschend entered the meeting at 11:12 a.m.

A general discussion ensued. Commissioner Herschend asked if the Commission was
being asked to vacate the current structure. Mr. Wade stated that they would ask that the current
structure be deconstructed. Mr. Gregg noted that they had an area that could be utilized by the
public. Commissioner Pennel expressed his concern noting that he wanted to be careful and not
create a liability.

Commissioner Herschend stated that he would like to come to an agreement on the
financing. Counselor Paulson noted that the prevailing wage and bid laws would need to be
followed. Mr. Wade asked why that would be necessary. Counselor Paulson commented that
inevitably the bridge would be county property.

Commissioner Herschend made a motion to agree to move forward with an agreement
with the county making a one-time payment for ½ the cost of the bridge up to a maximum
amount of $400,000.

Commissioner Strahan asked how they could approve something without knowing all the
details. Both Commissioner Pennel and Commissioner Herschend stated that it is just the
concept. That by approving to move forward lets us get the details completed but that they could
then go forward to start with the permitting process.

Mr. Gregg suggested that they just built the bridge and hand it over to the county so that
prevailing wage would not have to be followed. Commissioner Herschend concurred. Ms.
Luttrell noted that that would just be skirting the law, everyone is going to know because of all
the discussions, and then the county has the bridge without paying prevailing wage.

Commissioner Pennel seconded the motion to move forward with the concept. The
motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

RECESS
11:55 a.m.

RECONVENE
1:05 p.m.

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FRANK PRESTON & TRESSA LUTTRELL
WORK SESSION

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

1. Issues with the flooding: A discussion regarding flooded roads, barricades and the
rebuilding of Slough Hollow was had.

2. Scenic Lookout: Mr. Preston reported to the Commission that he had previous discussed
the improvements to the Scenic Lookout on 165; however 90% of the property belongs to
someone else so the county will continue to just maintain the portion of the pull-off that
belongs to the county.

3. Road Projects: Mr. Preston informed the Commission about a fuel tank that had been
ruptured on a vehicle traveling on Casey Road. Mr. Preston noted that he didn’t find any
evidence of where the incident took place.

Commissioner Herschend stated that he had spoken with the individual and was sure
there was no intention of taking advantage of the county. Mr. Preston commented that Great
River Engineering had stated that they would pay ½ the cost with the contractor. Commissioner
Herschend added that he thought the county should share the cost and made such motion. The
motion died for a lack of a second. The Commission agreed to send it back to the contractor to
work out.

Commissioner Strahan made a motion to approve change order #1 for the Casey Road
project in the amount of $15,767.00. Commissioner Pennel seconded the motion. The motion
passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

Buchanan Road: Mr. Preston stated that he had conducted a traffic study on Buchanan
Road due to some complaints regarding traffic when school let out. Mr. Preston noted that he
would recommend talking with the school to keep those picking up school children on the
school’s property and not out on the road.

Marsha Lay property: Mr. Preston presented the estimate to conduct work on the Marsha
Lay property to fix a problem perceived to be caused by the sewer construction. Mr. Preston
noted that the estimate is $1,445. The Commission directed Mr. Preston to take the estimate to
John Soutee, Sewer Administrator.

Hampton Road: Mr. Preston stated that a petition from the residents along Hampton
Road has been received requesting that the road be widened for approximately 1.2 miles. Mr.
Preston noted that there are approximately 30 homes located there currently and three school
buses running that route. The Commission directed Mr. Preston to contact the petitioner to
discuss the potential of acquiring additional right of way.

Berry Johnson: Mr. Preston informed the Commission that the road that continues from
Sycamore Log Church road goes through a private ranch and they have expressed that they
would like to see the county vacate that portion of the road due to individuals driving back to the
dead end portion at all hours of the night.

Moore Bend: A discussion regarding a blind corner and a blind area was had.

4. Presbyterian Church: Mr. Preston presented estimates for the Presbyterian Church
parking lot ranging from $2,650 to $15,000. No decision was made; Mr. Preston will
continue to speak with the Pastor.

5. Journal Entry: Ms. Luttrell presented the Commission with a journal entry for 50% of the
material used to pave the roads on the Bee Creek project to date.

Commissioner Herschend made a motion to approve the journal entry in the amount of
$124,233.89. Commissioner Pennel seconded the motion. The motion passed by vote: Pennel
(yes), Herschend (yes), Strahan (yes).

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6. Animal Control Facility: Commissioner Pennel expressed his desire to work out the call
outs on the weekends. The Commission agreed to set up a work session.

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).

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

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).

WORK SESSION CONT.

7. Lakeshore Drive: Commissioner Herschend stated that Kanakuk Camps has purchased
some property and would like to shift the road over at their expense and was asking that
Mr. Preston take a look at the issue with him.

Low Road: Commissioner Herschend stated that Low Road is in the worse shape he has
ever seen. Noting that vehicles had been through there making big pot holes due to the softness
of the ground.

RECESS
4:10 p.m.

Minutes taken and typed by Tressa Luttrell.

MARCH 25, 2008 40TH DAY OF
THE JANUARY ADJOURNED TERM

The County Commission met at the Septagon Construction Office at approximately 11:00
a.m. with Chuck Pennel, Presiding and Ron Herschend, Western Commissioner present and the
following proceedings were had and made a matter of record.

JUDICIAL SIGNS

The County Commission attended a portion of the construction meeting with Septagon
Construction to discuss the design and locations of signage for the new Judicial Facility.

RECESS
12:55 a.m.

ECONOMIC DEVELOPMENT TOOLS

Commissioners Chuck Pennel, Presiding and Ron Herschend, Western attended a
presentation on Chapter 100 bonds at the Branson School 3rd and 4th grade building.

Minutes typed by Tressa Luttrell.

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 TANEY COUNTY COMMISSION RECORD

MARCH 26, 2008 41ST DAY OF
THE JANUARY ADJOURN TERM

The County Commission met at 10:30 a.m. in the County Commission Office pursuant to
adjourn with Chuck Pennel, Presiding and Ron Herschend, Western Commissioner present and
the following proceedings were had and made a matter of record.

TELEPHONE SYSTEM
JUDICIAL FACILITY

Representatives from Centurytel met with the Commission to discuss the upgrading of
the current telephone system for the Judicial Facility. A proposal of $108,242.57 was submitted
along with optional maintenance plans for an additional year and an additional three years.

Commissioner Herschend made a motion to accept the $108,242.57 for the package but
ask for 30 days to make a decision on the maintenance agreement. The motion died for a lack of
a second.

Commissioner Herschend made a motion to agree to enter in negotiations on a contract
with Centurytel for the upgrade/move of the telephone system. Commissioner Pennel seconded
the motion.. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (absent).

DE-ICING MATERIAL BID

Commissioner Herschend made a motion to approve the de-icing material bid as
recommended to Scotwood Industries for Calcium Chloride and Bingham for Rock Salt.
Commissioner Pennel seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (absent).

ROAD SIGN BID

Commissioner Herschend made a motion to table said bids and to ask Mr. Preston, Road
Superintendent why the County wouldn’t split the bid out and save money. Commissioner
Pennel seconded the motion. The motion passed by vote: Pennel (yes), Herschend (yes),
Strahan (absent).

FOOD SERVICE BID

Commissioner Pennel made a motion to approve the bid as offered by ABL to provide
the food service for the new Judicial Facility. Commissioner Herschend seconded the motion.
The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (absent).

ANIMAL CONTROL
DOG BITE

Commissioner Strahan joined the discussion via the telephone.

Commissioner Pennel stated the Health Department has released a dog that has bitten and
asked if the County wanted to release the animal to the owner. Commissioner Pennel noted that
according to Stephanie at the Animal Control Facility, she had been contacted by the victims
husband who is requesting that the County not release the animal. The County should have a
process for when the Health Department releases animals.

A general discussion regarding the current Animal Control Ordinance ensued.

Minutes taken and typed by Tressa Luttrell.

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MARCH 27, 2008 42ND DAY OF
THE JANUARY ADJOURN TERM

The County Commission met at the Hollister City Hall at 2:30 p.m. pursuant to adjourn
with all members present and the following proceedings were had and made a matter of record.

PARTNERS FOR PROGRESS

The County Commission attended the monthly Partners for Progress meeting to discuss
transportation issues within Taney County.

RECONVENE

The County Commission reconvened at 6:30 p.m. at the Merriam Woods Community
Center.

RIBBON CUTTING
PARK BOARD

The County Commission attended the ribbon cutting for the Merriam Woods Community
Park.

Minutes typed by Tressa Luttrell

MARCH 28, 2008 43RD DAY OF
THE JANUARY ADJOURN TERM

The County Commission met in the County Commission Office at 1:45 p.m. pursuant to
adjourn with all members present and the following proceedings were had and made a matter of
record.

FLOOD CLEANUP

Commissioner Herschend made a motion to ratify allowing Chris Hansen to dump on
Friday instead of Saturday due to a work conflict. Commissioner Pennel seconded the motion.
The motion passed by vote: Pennel (yes) Herschend (yes) Strahan (yes)

Commissioner Herschend made a motion to extend free trash dumping of flood damaged
items to include 04/05/2008 and allow any municipality to come any day through 04/12/2008.
Commissioner Pennel seconded the motion. The motion passed by vote: Pennel (yes)
Herschend (yes) Strahan (yes)

ANIMAL CONTROL

Discussion was held on how to define a viscous dog and whether or not it is a criteria to
determine.

RECESS

Minutes taken by Ron Herschend, typed by Christy Teel.

MARCH 31, 2008 44th DAY OF
THE JANUARY ADJOURNED TERM

The County Commission met in the Associate Circuit II Courtroom at 9:01 a.m. pursuant
to adjourn with all members present and the following proceedings were had and made a matter
of record.

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Prayer was led by Commissioner Pennel followed by the pledge.

NUISANCE CASES

Commissioner Pennel addressed the Commission by saying that there were several
nuisance cases that needed to be reviewed. The Commission reviewed six nuisance cases.

On case #04-376, Commissioner Herschend made a motion to send a letter to the
Respondent. Commissioner Pennel seconded the motion. The motion passed by vote: Pennel
(yes), Herschend (yes), Strahan (yes).

On case #04-399, Commissioner Herschend made a motion to send a letter to the
Respondent. Commissioner Pennel seconded the motion. The motion passed by vote: Pennel
(yes), Herschend (yes), Strahan (yes).

On case #04-395, Commissioner Pennel made a motion to send a first letter to the
Respondent. Commissioner Herschend seconded the motion. The motion passed by vote:
Pennel (yes), Herschend (yes), Strahan (yes).

On case #04-398, Commissioner Herschend made a motion to send a letter to the
Respondent. Commissioner Pennel seconded the motion. The motion passed by vote: Pennel
(yes), Herschend (yes), Strahan (yes).

A general discussion was held regarding the other two cases. Commissioner Herschend
stated that he would visit the property located at 447 Sandpiper and take pictures. Commissioner
Pennel stated that he would visit the property located in Cedar Creek.

TANEY COUNTY PARK BOARD UPDATE

Commissioner Strahan commented that the Taney County Park Board was in full swing
noting that the Bull Creek pavilion was completed. Commissioner Strahan stated that picnic
tables were on order for a couple of projects.

Commissioner Strahan stated that a ribbon cutting ceremony was held at Merriam Woods
last week and that it was very successful.

Commissioner Strahan addressed the Commission in reference to Shadow Rock Park
being under water and that many events were scheduled at that location. He also commented
that he had received a couple of calls from individuals asking to move their event to another
location. Commissioner Strahan noted that both the Taneyville and Mincy had received interest
in using their facilities, but that they would need to finish the restrooms.

Commissioner Strahan made a motion to move $7,500 out of the contingency fund to the
Park Board budget for the improvement of these facilities that are used by the citizens of Taney
County. Commissioner Pennel asked for an itemized list. Commissioner Strahan stated that
Taneyville needed $4500 to finish their bathrooms and Mincy Park needed approximately $500
which would finish their bathrooms. Commissioner Herschend respectfully requested not to take
action on this today as he would like to see a detailed breakdown of what is actually needed and
additional information before the Commission made a decision. The motion died for lack of a
second.

Commissioner Herschend made a motion to table this issue and schedule a work session
for this afternoon at 1:00 p.m. Commissioner Pennel seconded the motion. The motion passed
by vote: Pennel (yes), Herschend (yes), Strahan (yes).

SURPLUS PROPERTY

Commissioner Strahan commented that he was contacted by a Rockaway Beach Board
Member that stated their Economic Development area was in need of a couple of computers.
Commissioner Strahan stated that after speaking with Gary Morgan, Information Systems
Administrator, he understood that Taney County had computers that were not in use and could
not be used by the county. Mr. Morgan commented that there are two computers that are

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available. Counselor Paulson stated that there were not any legal issues in donating the
computers as long as Taney County had no use for them.

Commissioner Herschend made a motion to donate two computers to Rockaway Beach.
Commissioner Strahan seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (yes).

CASEY ROAD

Commissioner Strahan asked Frank Preston, Road and Bridge Superintendent, to give an
update on the Casey Road project. Mr. Preston stated that there is a weekly update meeting that
is held in the Commission Office and that Randy Haes, Road and Bridge Coordinator, or himself
is in attendance. Commissioner Strahan stated that he had complaints of a broken water line,
which has been corrected, and questioned as to whether there is a mud ring in the line. He also
commented that the Taney County Sewer Department conducts a test of water to make sure that
it is safe and free of any bacteria. Mr. Preston stated that he would follow through.

Mr. Preston stated that he drives Casey Road up to twice a day and is very aware of the
issues that are taking place on the project. Mr. Preston also stated that it is not uncommon to
find a ring of mud in the pipes adding that the typical maintenance procedure would be for the
private water company to flush the lines on a regular basis. Commissioner Strahan noted that
Mr. Preston was doing a great job diverting calls from the Commission Office. According to Mr.
Preston, he was told by Herion Construction that the Casey Road project was still ahead of
schedule, even through all the unpredictable weather.

DESTRUCTION OF RECORDS &
LOCATION FOR RETENTION OF OVERFLOW RECORDS

Donna Neeley, County Clerk, introduced Karen Yust, County Clerk employee, who has
been placed over record retention in her office. Ms. Neeley stated that Ms. Yust has been
diligently researching retention and that there are only three items that are ready for destruction.
The following items were read into the record:

2001-2002 Time Sheets
2002 Requisitions
2001-2002 Receipts

A general discussion ensued about what items are to be left in the Auditor’s vault and
what items are to be left in the Clerk’s vault. Clerk Neeley stated that her office does not have
sufficient space to go through the records and asked Commissioner Pennel if she could use the
Commission Conference Room to perform the task. Commissioner Pennel responded by saying
that would be fine but she would have to schedule it with the Commission Office personnel.

RICK FINDLEY
COUNTY AUDITOR

Rick Findley, County Auditor, commented that the Sewer Department had some water
damage to their copier. Mr. Findley commented that the total spent was $911.48 out of their
budget line, which they did not expect to spend. John Soutee, Sewer Department Administrator,
requested, through Mr. Findley, that amount that was spent on the damages to be placed back
into the Sewer Departments budget.

Commissioner Herschend made a motion that the Commission acknowledges the cost
and allows the Sewer Department to go over in that line item for $911.48. Commissioner Pennel
seconded the motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

FRANK PRESTON
ROAD AND BRIDGE SUPERINTENDENT

Frank Preston, Road and Bridge Superintendent, stated that the lake levels are up as
everyone is aware and will not be able to give an accurate damage assessment report until the
water starts to recede. Mr. Preston stated that he would like to meet with the Commission this
afternoon to further discuss the Casey Road project as he was under the impression that he was

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scheduled for a meeting with the Commission. Mr. Preston stated that he had some change
orders that needed to be addressed.

Mr. Preston gave a closing statement that all departments within our county need to work
together to accomplish one common goal.

CASEY ROAD

Helen Soutee, County Treasurer, stated that her mother-in-law lives on Casey Road and
is very elderly. She commented that there have been issues with mail service and meals on
wheels getting through on Casey Road. Mr. Preston appreciated being informed of issues on
Casey Road and stated that he needed to be informed of special needs cases, like Ms. Soutees,
and that he would be glad to take care of the issue that she brought forth.

COMMISSIONER PENNEL

Commissioner Pennel stated that he had received a call from Buddy Roberts and asked
the Commission to announce the Smoking Sensation Meeting that will be held at the Health
Department which is located on the corner of Bee Creek Road and Rhinehart Road in Branson,
on Thursday, April 3, 2008.

FLOOD CLEANUP
EXTENSION

Commissioner Herschend announced that the Commission will be extending service for
our county’s flood victims to bring items to our Transfer Station on April 5th, which is located at
274 Buchanan Road in Branson. Commissioner Herschend commented that our Spring Clean-up
is scheduled for April 11th & 12th.

PUBLIC COMMENT

Art Beck commented on the phosphorus that he has seen going down Lake Taneycomo.

Bob Schanz commented on rabies vaccinations and asked the Commission to review it.
The Commission concurred.

ACCOUNTS ALLOWED

Commissioner Herschend made a motion to approve accounts payable warrants #302845-
302926 and warrants #4811-4812. Commissioner Strahan seconded the motion. The motion
passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

PRIOR MINUTES

Commissioner Pennel made a motion to table prior Commission minutes dated 3/24/08
and 3/25/08 until Wednesday, April 2, 2008 at 9:00 a.m. Commissioner Herschend seconded the
motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

Minutes taken and typed by Nikki Lawrence.

EXECUTIVE SESSION

Commissioner Herschend made a motion to go into Executive Session for employee
issues per Section 610.021.3. Commissioner Strahan seconded the motion. The motion passed
by vote: Pennel (yes), Herschend (yes), Strahan (yes).

Commissioner Pennel made a motion to raise Angie Brusca’s pay rate to $10.75 effective
3/31/08. Commissioner Herschend seconded the motion. The motion passed by vote: Pennel
(yes), Herschend (yes), Strahan (yes).

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Commissioner Herschend made a motion to reinstate 112 hours of vacation from 2007
back to John Soutee, Sewer District Administrator. Commissioner Pennel seconded the motion.
The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

Commissioner Pennel made a motion to pay Robert Stirewalt 30 hours of compensatory
time as requested by the Sheriff. Commissioner Strahan seconded the motion. The motion
passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

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).

RECONVENE
1:10 p.m.

FRANK PRESTON AND TRESSA LUTTRELL
WORK SESSION

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

Road Issues:
A. Mr. Preston informed the Commission that Boyce Excavation has caused some water
problems on Sycamore Log Church Road just past the church.

B. Mr. Preston stated Blansit Road has washed out twice in the past few weeks and has been
fixed both times. Commissioner Strahan noted that he wouldn’t make any attempt to
keep fixing at this point but to bring it back up in June or July and then fix it.

Commissioner Herschend commented that it is a heavily used road in the summer time
and we may want to re-route the road for a more long term fix because of the recreational use.

C. Mr. Preston commented on the water levels at Slough Hollow and added that Great River
Engineering will be working on engineering the road so that it would not go under water
in the future.

D. Mr. Preston stated that the Sheriff’s Department had called and requested that Blue Ridge
Road be fixed at a section that has not been maintained by the county. Mr. Preston added
that Journagan had recently fixed that portion but has since washed out again.

Commissioner Strahan stated there are some instances where the property owners are
responsible for their road. Commissioner Herschend noted that it was not a county road.
Commissioner Pennel suggested that the county do an official letter stating the reasons it is not
maintained by the county.

E. Mr. Preston commented that Keith Crawford, a Planning & Zoning employee had
reported that because of the culvert washed out his driveway and a couple of piers on his
trailer. Mr. Preston added that in the process of trying to clean out the culvert he strained
his back or leg.

Mr. Preston stated that he had questioned Mr. Crawford as to why he didn’t contact road
& bridge as they were out all weekend; Mr. Crawford stated that he didn’t know who to contact.
Mr. Preston inquired as to if the county was responsible for damage to personal property.
Commissioner Herschend stated that it was an act of God. Commissioner Strahan concurred
noting that if the county had put in a 12” where a 24” should be that would be a different story,
adding that the county is not allowed by state statute to perform work on private property unless
damage is caused by Taney County.

Commissioner Herschend commented that the county should create a form for road &
bridge to fill out that would be submitted to the Commission where work would be done on
private property, noting why, and give a copy to the property owner as well. Commissioner
Pennel added even those who are in 60 feet of the work. Ms. Luttrell asked for a point of

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clarification, would this form be submitted after the work or prior to. The Commission
concurred that it should be prior and approved on a case by case basis.

F. Mr. Preston informed the Commission that due to the project, a yard drain was blocked
which in turn put 2-3” of water in a house. Had the construction not go through, the drain
would have worked. Mr. Preston added that the claim would be going through the
contractor.

G. Mr. Preston advised the Commission that Randy Haes, Road Coordinator was currently
working on the Wilson property to get those residents a way out at “K” Highway due to
the flooding.

Mr. Preston commented that he was going to close this meeting the same way he did at
the earlier Commission meeting in that he was going to go look at a project no matter what
Commissioner asks him to. Mr. Preston noted that he doesn’t look at whether it’s an eastern
road or a western road…we are all looking at them for the same reasons. This has turned into a
bad situation.

Commissioner Strahan commented where we get into a problem is when the people start
calling me raising issues wanting to know why the Western Commissioner is working on the
East side. Commissioner Herschend stated that he would like to share where the line is not
distinct. The west side crew has been asked to do work on the east side, so they have.

Commissioner Strahan pointed out that when the west side is doing work on the east side
it should be at the same quality as if done on the west which is not being done. Commissioner
Herschend stated again that he only goes on the east side when his guys have been asked to do
so.

Counselor Paulson asked why they are east and west they are still county employees. Mr.
Preston noted that his intention was not for the Commission to argue. Commissioner Strahan
stated that he was the one who was getting the phone calls. When those boys work on the east
side they are no longer your boys. Commissioner Strahan further stated that it gets negative
when Commissioner Herschend takes Sam Yarnell to do a job that is on the east and leaves it…it
is Frank’s job. A heated discussion ensued.

PARK BOARD

Commissioner Strahan noted that Taneyville would be having a meeting tonight to
discuss the restrooms and they want to be ready. Commissioner Strahan stated that the park
board didn’t know what the new pavilions were going to cost because of the rise in costs.
Lonnie Combs has requested, from the park board, that Bradleyville’s pavilion receive a little
extra since Southern Construction had done so much volunteer work on the previous pavilions.

Commissioner Herschend stated that that would be up to the park board but would still
like to see something in writing from the park board for the additional request. Commissioner
Strahan commented that Taneyville would like to know something because of the request made
by the White River Historical Society. Commissioner Herschend stated that by taking any action
before seeing it in writing is premature. Commissioner Pennel concurred noting that he was a
little uncomfortable until he could see what the money was going for.

ANIMAL CONTROL

Commissioner Pennel stated that he needed to know who will be responsible for taking
calls after hours and on weekends. Commissioner Herschend suggested that one of the animal
control staff be on call. Counselor Paulson asked if possibly the Branson Animal Control Officer
could respond. Commissioner Pennel stated that to his knowledge Branson doesn’t have anyone
on call on the weekend.

Commissioner Strahan commented that he agreed with Commissioner Herschend in that
it would take the pressure off of Commissioner Pennel noting that if it’s just a dog barking then
it’s a dog barking. Counselor Paulson indicated that that would be disturbing the peace.

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Commissioner Pennel clarified that they had set a trap for a vicious dog and the dog was
in the trap and would not stop barking, the other call was regarding a rottweiler that had wrapped
his chain around a tree and couldn’t get loose.

Commissioner Herschend noted that he wanted the Commission to do what our job is.
My understanding is that we are an animal control facility, and felt that an injured dog on the
state highway is not our job. Commissioner Herschend added that should it be on a county road
and we feel that it might become vicious then yes the county can address it, but somewhere the
owner of the animal should have to take some responsibility. Commissioner Herschend added
that if the county was a human society then maybe, but we should direct our folks to do what our
responsibility is.

Commissioner Pennel asked if the county wanted to respond to injured dogs.
Commissioner Strahan commented that he didn’t see that it was the county’s job to respond, the
county would then be liable for the medical treatment.

Donna Clevenger, from the Branson Daily News asked if the county had tried to make an
agreement with the human society to do those types of things. Commissioner Herschend stated
that the human society doesn’t have the facility or the resources but would agree with
Commissioner Strahan that the county shouldn’t pick up injured animals unless it’s endangering
the public.

Commissioner Pennel asked if this decision was for both business hours and weekends.
Commissioner Strahan stated that the county shouldn’t respond unless there is a public threat.
Commissioner Herschend added that there could be thousands of dollars spent on an injured
animal only to then send it to Carthage after the ten day period to be euthanized. Commissioner
Herschend further added that he didn’t think it was good use of the citizens’ money.

Commissioner Pennel clarified that the other Commissioners did not want the staff to
respond to injured animals. Commissioner Herschend said not unless there is a safety issue.

Commissioner Pennel noted that he thought that the county should offer rabies shots to
the staff which is estimated at $270 each but even with those shots should you get bit; there is an
additional two shots that must be received.

Commissioner Strahan made a motion to offer rabies shots to the staff at animal control,
but should they choose not to have the shots, they must sign a form noting that they chose not to
have the shots. Commissioner Herschend seconded the motion. The motion passed by vote:
Pennel (yes), Herschend (yes), Strahan (yes).

Commissioner Strahan stated that he would like to get back to the weekend discussion.
Commissioner Herschend added nights too. Commissioner Strahan commented that by being on
call that would mean time off or rotating schedules and should it be a man to go out and handle
the calls due to the size of some of the animals. Counselor Paulson questioned training of the
staff. Commissioner Pennel noted that Rick was trained and Susan wanted to be. Counselor
Paulson noted the county’s liability by sending out an employee that is not trained.

Bob Schanz commented that shouldn’t the ones getting the rabies shots be the ones going
out on the calls. Commissioner Pennel stated that now you have changed the $3,000 issue to a
$6,000 issue.

A general discussion regarding the scheduling of “on call” ensued. The “on call” staff
member will receive an extra $40.00 per week for being on call and time and a half for any hours
called out.

Commissioner Herschend asked if the staff would be going out after hours for strays or
just vicious dogs. Commissioner Pennel noted that the majority of the calls after hours are not
for strays.

Commissioner Herschend made a motion to approve an expenditure overrun for animal
control to accommodate the decisions made today. Commissioner Strahan seconded the motion.
The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

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EXECUTIVE SESSION

Commissioner Herschend made a motion to go into executive session pursuant to RSMo.
610.021.1 as a threatened lawsuit regarding animal control has just come to light and therefore
the requirement of the 24 hour notice could not be had. Commissioner Pennel seconded the
motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

Commissioner Herschend made a motion to deem animal #6046A vicious because the
dog bit someone and that it qualifies under #11 of the Animal Control Ordinance which states
“No person shall own, keep, harbor or allow to be in or upon his premises any dog of a cross,
dangerous, vicious, or ferocious disposition, or which habitually snaps at or bites or manifests a
disposition to bite or attack persons or animals or pets, unless such dog is securely confined upon
such premises” Commissioner Pennel seconded the motion. The motion passed by vote: Pennel
(yes), Herschend (yes), Strahan (yes).

Minutes taken and typed by Tressa Luttrell.

APRIL 1, 2008 45TH DAY OF
THE JANUARY ADJOURN TERM

The County Commission met at the College of the Ozarks at 10:00 a.m. pursuant to
adjourn with all members present and the following proceedings were had and made a matter of
record.

2008 COMMUNITY MARKETING PRESENTATION

The Commission attended the 2008 Community Marketing Presentation which has held
in the Keeter Center at the College of the Ozarks.

SEWER BOARD MEETING

The Commission attended the Taney County Regional Sewer District Meeting to discuss
updates on the Bee Creek Project, the Ozark Beach Project and updates on Bio-Solids.

Minutes typed by Tressa Luttrell.

APRIL 2, 2008 46TH DAY OF
THE JANUARY ADJOURN TERM

The County Commission met in the Commission Office at 9:01 a.m. pursuant to adjourn
with Chuck Pennel, Presiding and Danny Strahan, Eastern Commissioner present and the
following proceedings were had and made a matter of record.

PAYROLL

Commissioner Strahan made a motion to approve payroll warrants:

General County Revenue warrants #104179 through #104200

Road & Bridge warrants #104151 through #104172

Assessment Fund warrants #104173 through #104175

Transfer Station warrants #104176 through #104178

Accounts Payable warrants #302945 through #302957, manual warrants #4813 through #4814

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 TANEY COUNTY COMMISSION RECORD

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

Commissioner Herschend entered the meeting.

PRIOR MINUTES

Commissioner Herschend made a motion to table minutes until after the meeting with
Cintas. Commissioner Pennel seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (yes).

CINTAS
UNIFORM RENTAL

The County Commission met with representatives from Cintas Uniform Rental to discuss
the ongoing problems with employees’ uniforms.

CASEY ROAD
COMPLAINT

Harold Saltsman, who lives on Casey Road, met with the Commission and Frank Preston,
Road Superintendent to discuss his concerns with the ongoing construction of Casey Road.

EQUIPMENT TRAILER BID

Commissioner Strahan made a motion to approve the bid as offered by Southwest
Trailers in the amount of $17,398.00. Commissioner Pennel seconded the motion. The motion
passed by vote: Pennel (yes), Herschend (absent), Strahan (yes).

SIGN BID

Commissioner Strahan made a motion to approve the bid as offered by Hall Signs for the
purchase of road signs as recommended. 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
3/27/08 and 3/28/08. Commissioner Strahan seconded the motion. The motion passed by vote:
Pennel (yes), Herschend (absent), Strahan (yes).

Commissioner Strahan made a motion to approve prior Commission Minutes dated
3/24/08 with corrections. Commissioner Pennel seconded the motion. The motion passed by
vote: Pennel (yes), Herschend (absent), Strahan (yes).

Commissioner Pennel made a motion to approve prior Commission Minutes dated
3/25/08. Commissioner Strahan seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (absent), Strahan (yes).

Commissioner Herschend entered the meeting.

TIRE FEE

Commissioner Pennel stated that he had received a request for the tire fee to be waived at
the Spring Cleanup by Mr. Flowers and Rockaway Beach. Commissioner Herschend noted that
he would be in support if the tires were from the municipalities and would request that a letter be
presented from that municipality noting that they are bringing in tires on behalf of that entity.

Minutes taken and typed by Tressa Luttrell.

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APRIL 4, 2008 47TH DAY OF
THE JANUARY ADJOURN TERM

The County Commission met in the Commission Office at 9:05 a.m. pursuant to adjourn
with Chuck Pennel, Presiding and Danny Strahan, Eastern Commissioner present and the
following proceedings were had and made a matter of record.

DIANE MAY
SMACOG

The County Commission met with Diane May representing SMACOG (Southwest
Missouri Area Council of Governments) to discuss planning & zoning issues. Commissioner
Pennel started the discussion asking if Taney County wanted to have every square inch around
the lake occupied. Commissioner Pennel added that he was thinking of developing a geographic
line that could zone the county for that particular area which would leave the remainder of the
County how we currently are zoned.

Commissioner Herschend entered the meeting at 9:23 a.m.

A lengthy discussion about traffic flow, traditional zoning, district zoning and planned
development ensued.

Minutes taken and typed by Tressa Luttrell.

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 TANEY COUNTY COMMISSION RECORD

APRIL 7, 2008 1ST DAY OF THE
REGULAR APRIL ADJOURN TERM

The County Commission met in the Associate Circuit II 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.

Helen Soutee led the prayer followed by the pledge.

TERESE MANSELL
TANEY COUNTY HUMANE SOCIETY

Terese Mansell, President of the Taney County Humane Society met with the
Commission regarding the recent decision to not pick up injured and sick animals. Ms. Mansell
stated they had organized a petition and currently has 487 signatures in her possession today.
Ms. Mansell stated they would like clarification regarding the recent decision and how we can
come up with a solution.

Commissioner Herschend stated that the county did not change policy but because of
what has happened over the last few months the procedures had been changed. Commissioner
Herschend stated that the Commission had scheduled a work session on this issue and no one
attended from your organization. Commissioner Herschend noted that it saddens him that the
Commission had a public hearing on this very ordinance four years ago and the human society
didn’t come forward then.

Commissioner Herschend further added that when Mr. Pennel was accused, no one came
forward but when the county changes their practice you now come forward. Commissioner
Herschend added that not only did you organize a petition drive but you put an ad in the paper
which appears to rally the public to intimidate the Commission to do what you want. You didn’t
call the Commission and ask to set down; you didn’t call and say you want to partner up.
Commissioner Herschend commented that he would love to set down and have a work session.

Commissioner Herschend added that the Commission has been made out to be heartless,
but in fact we spent twice as much on animals than we did on the Public Administrator who
tends to those that can’t tend to themselves, we spent more than two times as much on animals
than we did the Industrial Development who works to bring more economy and jobs to the
county or to the University Extension who trains citizens for jobs. Commissioner Herschend
made a motion to table the issue and offer the human society a work session to set down and talk
with the Commission.

Ms. Mansell stated that four years ago there was not a human society in Taney County
and noted that she regretted that the ad was viewed as a method of intimidation as that was not
the intention. Ms. Mansell stated that Mr. Herschend indicated that the county had not changed
the ordinance, however she was not aware that injured animals was not a part of the ordinance
and that a workable solution needed to be found. Ms. Mansell noted that the human society has
had discussions with Commissioner Pennel and that invitations had been sent to the Commission
to meet the board, but Commissioner Pennel was the only attendee.

Commissioner Strahan asked Ms. Mansell who was responsible for the ad. Ms. Mansell
stated that the decision to place the ad was that of a vote of the board of directors. Commissioner
Strahan questioned if one wouldn’t take that ad as aggressive and added as a Commission the
number one priority is public safety for the citizens whether it be with road and bridge personnel,
intersections or along roads. When we changed the way we handle the animals we do have part
of the responsibility, but the owners need to take responsibility of there animal. Commissioner
Strahan shared the number of adoptions that had come through the animal control facility and
asked what the number of adoptions the human society had. Commissioner Strahan further
stated that when the county puts an employee out at 3:00 a.m. with a flashlight to look for a
barking dog, you have to place some common sense.

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Commissioner Strahan stated that he didn’t remember mentioning sick animals and
thought the meeting was mainly about the safety of the staff. We send our staff our numbers of
times to pick up the same dog, but if it is on private property we are not allowed to pick the
animal up. Commissioner Strahan noted that the animal control facility was functioning well
and added that he had received a phone call from Mickey Gilley who commented that there were
four people in the lobby with clipboards and petitions. Mr. Gilley was concerned with what was
stated but after visiting with him, Mr. Gilley thought that the Commission was making the right
decision, so someone had to inform the human society before you even came to the County
Commission. Commissioner Strahan seconded the motion to table.

Commissioner Herschend asked where did you, if any, give credit to the Commission.
Commissioner Herschend pointed out that the human society only picked a couple of points and
asked if Ms. Mansell had read the county ordinance. Ms. Mansell stated yes. Commissioner
Herschend asked if the county was to go out for a barking dog what are we suppose to do. Ms.
Mansell noted that she couldn’t answer that. Commissioner Herschend stated that the county can
not respond to private property, we can if it is on your property. Commissioner Herschend stated
that when Commissioner Strahan and he want to get the county back to where we are suppose to
be…I am not going to violate the law no matter what. Commissioner Herschend called the
question. The motion passed by vote: Pennel (no), Herschend (yes), Strahan (yes).

PEBBLE DRIVE VACATION

Attorney, Carie Wilden submitted an order to finalize the vacation of Pebble Drive.
Commissioner Herschend made a motion to approve said vacation. Commissioner Strahan
seconded the motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

The replat will be filed as soon as the order is signed and returned.

CLEARWATER ACRES VACATION

Commissioner Pennel made a motion to table said vacation as Attorney, Tom Motley was
unavailable. Commissioner Herschend seconded the motion. The motion passed by vote:
Pennel (yes), Herschend (yes), Strahan (yes).

HOLIDAY AVENUE VACATION

Commissioner Pennel made a motion to table said vacation until sometime between
Wednesday and Friday. Commissioner Herschend seconded the motion. The motion passed by
vote: Pennel (yes), Herschend (yes), Strahan (yes).

QUEBEC ROAD VACATION

Counselor Paulson noted that he had made several attempts to contact the petitions but
had been unsuccessful. Commissioner Herschend made a motion to table said vacation until
sometime between Wednesday and Friday. Commissioner Pennel seconded the motion. The
motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

HOMESTEAD ESTATES PETITION

Commissioner Pennel made a motion to table said petition until the road standards are
accepted. Commissioner Herschend seconded the motion. The motion passed by vote: Pennel
(yes), Herschend (yes), Strahan (yes).

OLD GLORY ROAD PETITION

Frank Preston, Road Superintendent presented the necessary documents to the
Commission. Commissioner Strahan made a motion to approve the petition as a Class 6 and to
let Mr. Preston deem any changes. Commissioner Herschend seconded the motion. Motion and
second was amended to a class 5. The motion passed by vote: Pennel (yes), Herschend (yes),
Strahan (yes).

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 TANEY COUNTY COMMISSION RECORD

FOX TRAIL PETITION

Mr. Preston noted that the estimated cost to bring the road to standard was approximately
$30,000. Commission Pennel made a motion to table said petition. Mr. Preston added that the
entire road would need to be dug up and re-done. Commissioner Strahan seconded the motion.

Commissioner Herschend requested that Mr. Preston detail a time line and what the
county would be willing to do within a letter. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (yes).

ROUND HILL, SHADOW LAKE, SHADOW VIEW
& MESQUITE PETITION

Commissioner Pennel made a motion to table said petition and request Mr. Preston to
send a letter to the petitioners regarding the issues. Commissioner Herschend seconded the
motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

BEE CREEK SEWER

Commissioner Herschend announced that the asphalt had started last week and is
progressing. Commissioner Herschend noted that Journagan has asked to work on Saturdays to
finish up the job and would ask that the citizens be patient.

DONALD MASON

Commissioner Herschend stated that he would like to recognize Airport employee
Donald Mason as he recently competed locally and won the Outstanding Older Worker Award.
Mark Parent, Airport Manager noted that Mr. Mason competed against 7 others and now will be
going to Jefferson City for a chance to go to Washington D.C.

Commissioner Herschend made a motion to approve the cost of going to Jefferson City.
Commissioner Strahan seconded the motion. Commissioner Pennel inquired as to the costs. Mr.
Parent stated that it was just for travel, a meal and a hotel stay. Commissioner Pennel stated that
although he was very pleased, but this Commission had personally paid for plaques in
recognition of employees and not the county budget.

Commissioner Strahan commented that he differed as when the Commission paid for the
plaques, it was because the county was recognizing the employee, this is an outside group
recognizing our employee. Commissioner Pennel requested that the Commission handle this
situation the same as the others. The motion passed by vote: Pennel (no), Herschend (yes),
Strahan (yes).

JOHN LAVENDER

Commissioner Herschend stated that he would also like to recognize John Lavender for
the work he does volunteering outside his county responsibilities.

CASEY ROAD

Mr. Preston commented that he had requested that this issue be on the afternoon agenda
and not the morning agenda. Commissioner Herschend made a motion to table until the
afternoon. Commissioner Pennel seconded the motion. The motion passed by vote: Pennel
(yes), Herschend (yes), Strahan (yes).

CHUCK PENNEL
ANIMAL CONTROL

Commissioner Pennel stated that he wished the Commission would have allowed him to
comment earlier but that he supported the action of the human society and added that he had not
seen the ad but would like to clarify what was said. Commissioner Pennel noted that his
understanding was that Animal Control would not respond to injured animals but that the

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 TANEY COUNTY COMMISSION RECORD

Commission did agree to fund staff $40.00 a week to be on call as well as be paid time and a half
for the calls they do get.

Commissioner Pennel noted that Commissioner Herschend stated that the public hearing
on the ordinance was four years ago, but that the ordinance was active prior to Commissioner
Pennel being elected. Commissioner Herschend apologized; it was the nuisance hearing he was
remembering. Commissioner Pennel further stated that he wished the Commission would have
allowed anyone a chance to respond before tabling the issue.

Commissioner Strahan stated that Commission Pennel had left out the most important
part when he said that the county wouldn’t respond to injured dogs. The one thing that was
mentioned was that the county would respond if there was a matter of public safety and asked if
Renee Pennel was a member of the human society. Commissioner Pennel commented that
Renee had gone to some meetings but that she is real careful of what she says. Commissioner
Strahan added that he did think the attack was unnecessary and there were other things on the
agenda so we needed to move on.

Commissioner Herschend commented that their discussion about injured animals
revolved around costs but to not address the medical needs would be inhuman. In fact the county
would take the animal to the veterinary and pay hundreds of dollars only to then take the animal
to Carthage seems a waste and thought that the Commission had clarified that last week.

Commissioner Pennel pointed out that in 2006 the county only spent $1,184.50 in vet
bills and in 2007 it was a little over $1,600.00. Commissioner Pennel stated that he would guess
that ½ or 1/3 of that was related to the treatment of animals. Commissioner Pennel added that
both the Commissioners mention safety but the issue is if there is an injured dog, that’s the case
not the safety issue.

Sheriff Russell stated that from a law enforcement standpoint our only option if a
veterinary wouldn’t come out was to shot the animal or have the person shot the animal. Sheriff
Russell added that they appreciated the facility as it helps but as far as injured animals on the
road, he felt that it was a safety issue. Should the animal not be viscous it could be if it is hurt.
Commissioner Herschend noted that they specifically addressed the issue if it was on the road, if
it is on someone else’s property or otherwise…that is our question.

Commissioner Pennel asked how the Sheriff would handle these issues if the county
continues as it is today. Sheriff Russell stated that if a vet doesn’t come out it will be up to the
land owner. Commissioner Herschend stated that the calls should still be referred to animal
control that should make the decision according to the ordinance.

TRAFFIC ON BRIDGE

Sheriff Russell commented that Rueben Sanchez with MoDot was upset with the amount
of traffic that the Sheriff’s Department was sending through the bridge. Sheriff Russell stated
that he just wanted the Commission to know but that his department would still continue to
relieve the traffic.

MONTHLY BUDGET REPORT

Auditor Findley presented the Commission with the monthly budget report ending March
31, 2008 which also ends the first quarter.

FUNDBALANCE TANEY COUNTY
03/31/08 BUDGET
FUND BALANCES

PERIOD TO YEAR TO
DATE DATE
ACTUAL ACTUAL

GENERAL COUNTY REVENUE
BEGINNING BALANCE $0.00 $18,628,344.77
REVENUES 1,328,280.64 4,558,775.08

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 TANEY COUNTY COMMISSION RECORD
- -
TOTAL REVENUES GCR 1,328,280.64 23,187,119.85
- -
TOTAL GCR EXPENDITURES 2,227,498.04 5,795,890.17
= =
TOTAL GCR FUND BALANCE (899,217.40) 17,391,229.68

ROAD & BRIDGE
BEGINNING BALANCE 0.00 7,004,998.91
REVENUES 94,748.03 410,092.77
- -
TOTAL RB REVENUES 94,748.03 7,415,091.68
- -
EXPENDITURES 207,714.80 661,247.13
= =
TOTAL RB FUND BALANCE (112,966.77) 6,753,844.55

ROAD & BRIDGE TRUST
BEGINNING BALANCE 0.00 3,693,493.95
REVENUES 504,573.02 1,853,961.00
- -
TOTAL RBT REVENUES 504,573.02 5,547,454.95
- -
EXPENDITURES 268,524.79 1,959,425.15
= =
TOTAL RBT FUND BALANCE 236,048.23 3,588,029.80

ASSESSMENT FUND
BEGINNING BALANCE 0.00 3,099.75
REVENUES 10,087.97 300,954.97
- -
TOTAL AF REVENUES 10,087.97 304,054.72
- -
EXPENDITURES 43,705.70 186,023.31
= =
TOTAL ASSEMENT FUND BALANCE (33,617.73) 118,031.41

ELECTION FUND
BEGINNING BALANCE 0.00 31,698.41
REVENUES 271.54 627.65
- -
TOTAL ELECTION REVENUES 271.54 32,326.06
- -
EXPENDITURES 495.09 1,578.81
= =
TOTAL ELECTION FUND BALANCE (223.55) 30,747.25

TRANSFER STATION FUND
BEGINNING BALANCE 0.00 747,493.99
REVENUES 80,272.72 240,984.61
- -
TOTAL TS REVENUES 80,272.72 988,478.60
- -
EXPENDITURES 59,087.95 255,092.09
= =
TOTAL TS FUND BALANCE 21,184.77 733,386.51

FUNDBALANCE TANEY COUNTY
03/31/08 BUDGET
FUND BALANCES

PERIOD TO YEAR TO

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 TANEY COUNTY COMMISSION RECORD
DATE DATE
ACTUAL ACTUAL

LEPC FUND
BEGINNING BALANCE $0.00 $11,839.45
REVENUES 8.35 99.75
- -
TOTAL LEPC REVENUES 8.35 11,939.20
- -
EXPENDITURES 0.00 3,936.56
= =
TOTAL LEPC FUND BALANCE 8.35 8,002.64

LAW ENFORCEMENT TRAINING FUND
BEGINNING BALANCE 0.00 3,608.14
REVENUES 175.15 1,222.01
- -
TOTAL LET REVENUES 175.15 4,830.15
- -
EXPENDITURES 90.80 2,235.31
= =
TOTAL LET FUND BALANCE 84.35 2,594.84

PROSECUTING ATTORNEY TRAINING FUND
BEGINNING BALANCE 0.00 6,364.77
REVENUES 50.09 358.71
- -
TOTAL PAT REVENUES 50.09 6,723.48
- -
EXPENDITURES 123.27 298.27
= =
TOTAL PAT FUND BALANCE (73.18) 6,425.21

COUNTY INSURED FUND
BEGINNING BALANCE 0.00 96,313.14
REVENUES 195.03 1,166.62
- -
TOTAL COUNTY INSURED REVENUES 195.03 97,479.76
- -
EXPENDITURES 9,498.48 22,262.08
= =
TOTAL COUNTY INSURED FUND BALANCE (9,303.45) 75,217.68

911 FUND
BEGINNING BALANCE 0.00 1,099,556.88
REVENUES 4,174.96 98,229.18
- -
TOTAL 911 REVENUES 4,174.96 1,197,786.06
- -
EXPENDITURES 12,939.84 54,117.84
= =
TOTAL 911 FUND BALANCE (8,764.88) 1,143,668.22

USE TAX

FUNDBALANCE TANEY COUNTY
03/31/08 BUDGET
FUND BALANCES

PERIOD TO YEAR TO
DATE DATE
ACTUAL ACTUAL

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 TANEY COUNTY COMMISSION RECORD
SEWER FUND
BEGINNING BALANCE $0.00 $23,082,218.45
REVENUES 1,012,614.39 4,680,566.85
- -
TOTAL SEWER REVENUES 1,012,614.39 27,762,785.30
- -
EXPENDITURES 678,759.29 2,461,956.62
= =
TOTAL SEWER FUND BALANCE 333,855.10 25,300,828.68

SEWER DESIGNATED FUND
EXPENDITURES

= =
TOTAL ALL SEWER FUNDS 333,855.10 25,300,828.68
= =

SHERIFF CIVIL FUND
BEGINNING BALANCE 0.00 97,171.17
REVENUES 9,675.82 27,107.15
- -
TOTAL SHERIFF CIVIL REVENUES 9,675.82 124,278.32
- -
EXPENDITURES 35,919.17 37,933.46
= =
TOTAL SHERIFF CIVIL FUND BALANCE (26,243.35) 86,344.86

TAX MAINTENANCE FUND
BEGINNING BALANCE 0.00 111,445.25
REVENUES 22,691.56 41,951.61
- -
TOTAL MAINTENANCE FUND REVENUES 22,691.56 153,396.86
- -
EXPENDITURES 72,074.61 72,169.24
= =
TOTAL MAINTENANCE FUND BALANCE (49,383.05) 81,227.62

CHRIS BERNDT
FLOODING UPDATE

Chris Berndt, Emergency Management Director gave the Commission an update
regarding the recent meeting with the Corps of Engineers on the amount of water in the White
River Basin.

Mr. Berndt also stated that FEMA had approved personal assistance as of last week and
has recently approved for public assistance for Taney County.

Mr. Berndt commented that the Corps are not releasing any water out of Norfork or Bull
Shoals noting that Bull Shoals is only 68% full so they would be filling it up more; Tablerock
will stay fairly where its at; Taneycomo and Bull Shoals residents need to be aware.

Sheriff Russell noted that should there be an .8/10 of a wide spread rain it would fill
Tablerock.

ACCOUNTS ALLOWED

Commissioner Strahan made a motion to approve accounts payable warrants #302927
through #302944, #302958 through #303054, manual warrants #4815 through #4817.
Commissioner Herschend seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (yes).

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PRIOR MINUTES

Commissioner Herschend made a motion to table the minutes until Wednesday.
Commissioner Pennel seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (yes).

RECESS
10:55 a.m.

RECONVENE
1:05

The County Commission reconvened in the Commission Office with Chuck Pennel,
Presiding and Danny Strahan, Eastern Commissioner present.

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: Jack Kinkade, resident on Casey Road met with the Commission to discuss
the previous agreement regarding a water line. Randy Haes, Road Coordinator gave a
brief update of issue.

Mr. Kinkade noted that he was still struggling with a 20 foot wall on his property as it has
to depreciate it. Commissioner Strahan asked what agreement the county had made to Mr.
Kinkade. Mr. Kinkade stated that the county would put a water line to my property so that I
could hook up to city water or develop the land.

Mr. Haes noted that the engineer is the one that made the decision to go on the North side
of the road because of the wall. Commissioner Strahan asked if there were any added costs. Mr.
Haes indicated no.

Commissioner Herschend entered the meeting at 1:18 p.m.

Mr. Kinkade stated that he would like to see what they agreed to happen and expressed
that there was no specific time line, it could be this fall.

Commissioner Strahan made a motion to put in up to a 2” pipe with a valve.
Commissioner Pennel seconded the motion noting that the county should coordinate with the
City of Forsyth on what type of valve and if they are interested in any upgrade. The motion
passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

2. Recycling Center: Jack Cole, Road Employee presented the Commission with pictures
that he had taken at 12:30 before coming to this meeting. Mr. Cole indicated that there
was nothing at the site this morning.

Commissioner Pennel made a motion to look for a 9-1 at $10.00 an hour person with no
benefits to take care of the recycling center. Commissioner Herschend seconded the motion.
The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

3. Road Standards: Mr. Preston inquired as to where the Commission was on the road
standards and just wanted to remind them to get them back to him to prepare the final
document.

4. Flooding: Mr. Preston informed the Commission that FEMA has currently identified
$440,000 worth of damages to county roads and bridges; however that is only those that
can be viewed at this time. FEMA will send the county a copy of the report.

5. Slough Hollow: Mr. Preston informed the Commission that Great River Engineering was
currently working on re-designing Slough Hollow road. Commissioner Strahan noted

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 TANEY COUNTY COMMISSION RECORD

that he would like to see it designed for all weather if we are going to do it.
Commissioner Herschend commented that raising it to above 695 should get it out of the
flooding level.

6. No parking ordinance: The County Commission worked on the No Parking Ordinance
and will have it ready for the agenda on the 14th.

Minutes taken and typed by Tressa Luttrell.

APRIL 8, 2008 2nd DAY OF
THE APRIL ADJOURN TERM

The County Commission met at the Taney County M. Graham Clark Airport at 9:30 a.m.
pursuant to adjourn with Chuck Pennel, Presiding and Danny Strahan, Eastern District present
and the following proceedings were had and made a matter of record.

AIRPORT MEETING

The Commission attended the monthly Airport Board Meeting.

RECONVENE
1:00 p.m.

The County Commission reconvened at the Commission Office with all members
present.

SEPTAGON CONSTRUCTION
MONTHLY UPDATE

Commissioner Herschend made a motion to approve PR#41 which allows changes to
Courtroom #3 to allow for more attorney and public seating, removal of the walls separating
Courtroom #3 from Conference Room 267 and Closet 268; chamfering the corners on the
casework at the clerk’s desk in Courtrooms #3 and #4 outside of the holding room doors; moving
the 2-hour rated fire wall; relocating the bar wall; providing a soffit between the new section and
the existing section of Courtroom #3; removing and revising the ceiling grid in the new section
of Courtroom #3; and providing additional bench seating and revising the power, data and
lighting layout in the new section of Courtroom #3 in the amount of $20,773.00. Commissioner
Strahan seconded the motion. The motion passed by vote: Pennel (yes), Herschend (yes),
Strahan (yes).

Commissioner Herschend made a motion to approve RFI#329 which will provide 450 sf
of concrete paving at $6.70 sf for a total of $3,015.00 at the entrance to the existing parking
garage structure where the entrance gate will be. Commissioner Strahan seconded the motion.
The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

Commissioner Pennel left the meeting to attend an emergency meeting at the Corps of Engineers
Office regarding the flooding but continued with speaker phone.

Commissioner Herschend made a motion to approve:

PR#44 which provides building a partial height metal stud wall on top of the freezer and
cooler in the kitchen that will serve as a closure panel between the tops of the freezer and cooler
and the ceiling in the amount of $1,022.00.

PR#42 which requested a credit for the elimination of the wall mounted and countertop
mounted soap dispensers from the project in the amount of $1,138.00.

RFI#328 which added a receptacle in both the coffee room and the jury assembly room
and relocating one in the jury assembly room in the amount of $1,622.00. Commissioner
Strahan seconded the motion. The motion passed.

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Commissioner Herschend made a motion to approve the change of asphalt detail to a 4”
rock base, 3” asphalt base and a 2” asphalt top which will increase APAC’s contract from
$65,781.00 to around $122,000.00. Commissioner Strahan seconded the motion. The motion
passed.

Commissioner Herschend made a motion to approve changing the following areas from
asphalt to concrete: a) 90x10 drive south of sallyport b) 100x11.5 east drive corner and c) 15x55
in front of the loading dock for an increase of $15,808.00. Commissioner Strahan seconded the
motion. The motion passed.

TEMPORARY PRESIDING

Clerk Neeley appointed Danny Strahan, Eastern Commissioner as temporary Presiding
Commissioner in the absence of Commissioner Pennel to continue with the monthly meeting.

Minutes taken and typed by Tressa Luttrell.

APRIL 9, 2008 3RD DAY OF
THE APRIL ADJOURN TERM

The County Commission met at the Tower Club in Springfield at 10:00 a.m. pursuant to
adjourn with all members present and the following proceedings were had and made a matter of
record.

COUNTY COMMISSIONERS MEETING

The County Commission attended the Southwest County Commissions quarterly meeting
in Springfield to discuss various issues.

Minutes typed by Tressa Luttrell.

APRIL 11, 2008 4TH DAY OF
THE APRIL ADJOURN TERM

The County Commission met in the Commission Office at 2:00 p.m. pursuant to adjourn
with all members present and the following proceedings were had and made a matter of record.

HEIGHT RESTRICTION
WORK SESSION

The County Commission held a work session on the proposed Height Restriction
amendment for Planning & Zoning. Eddie Coxie and Dan Nosalek from Planning and Zoning
and Frank Preston, Road Superintendent attended the work session.

Counselor Paulson presented copies of the proposed amendment for discussion.
Discussions regarding definitions, scoring grids and base plane ensued. Commissioner Strahan
commented that he had changed his mind regarding height restrictions noting that he can see
how they can be beneficial. Commissioner Strahan shared his experience of being on top of the
Hammons Tower and being able to actually see the area that was being discussed.

Mr. Coxie stated he didn’t feel that tall buildings were what drew people to the Ozarks.
Commissioner Strahan stated basically he was against height restrictions. Commissioner Pennel
asked how he would feel if there was a subdivision right next to it. Mr. Preston noted that there
is compatible use language that would be used. Mr. Coxie added that they needed to be
consistent across the board.

Mr. Preston asked if the county could accomplish what they expected without height
restrictions. Mr. Coxie stated yes, through lawsuits. Commissioner Pennel asked if the County

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could approve this and let the staff come up with some guidelines. Counselor Paulson
commented he would rather have it all done at the same time.

EXECUTIVE SESSION

Commissioner Pennel made a motion to go into executive session pursuant to RSMo.
610.021.3. Commissioner Strahan 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 and typed by Tressa Luttrell.

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

The County Commission met in the Associate Circuit II Courtroom at 8:59 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 Commissioner Strahan followed by the pledge.

COMMISSIONER PENNEL
NUISANCE CASES

Commissioner Pennel stated that he would like to schedule a work session with the
Commission to discuss nuisance cases and the possibility of utilizing the Planning and Zoning
staff in the process.

DAWN ERICKSON, INTERIM ECONOMIC DEVELOPMENT DIRECTOR
COUNTY WIDE MARKETING UPDATE

Dawn Erickson presented a marketing update to the Commission and added that the
Division of Tourism had changed the rules on how Destination Marketing Organizations could
apply for cooperative funding, which cut out two entities here in Taney County. Ms. Erickson
stated that the Branson/Lakes Area Chamber of Commerce is in the process of posting links of
area businesses within Taney County on their website. She also commented that this would be a
free service with a current membership. Ms. Erickson asked the Commission for assistance and
furnish her with a current list of contacts for existing businesses noting there are a lot of
businesses within Taney County that are not known to tourists.

CHRIS BERNDT, EMERGENCY MANAGEMENT DIRECTOR
FLOODING UPDATE

Chris Berndt, Emergency Management Director, presented an update on flooding
conditions within Taney County. He stated that it has been a busy week and that it went as well
as expected. Mr. Berndt commented that there was an increase in the water flow and in turn the
residents of Taney County were able to have a pre-warning of what was to come. He also stated
that there was an increase flow in Lake Taneycomo, Table Rock Lake also became an issue at ½
foot above flood pool level, Bull Shoals Lake is almost at flood pool level and there is expected
to be more rain toward the end of this week.

Mr. Berndt commented that Graham Clark Road is closed with a detour through Big
Cedar to get to the housing division. He also stated that Clevenger Cove and Big Bear became
more of an issue, as traffic was going through Emerald Point on Ms. Oliver’s yard, which tied it
back into Clevenger Cove. Mr. Berndt commented that it was basically a one way lane, where

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no school buses or emergency vehicles could get through. On Sunday, April 13th there was a
new road built so that traffic was able to go both ways. He also commented that the road will
remain there and gates will soon be installed so that when the water goes back down they can be
locked.

Commissioner Pennel gave thanks to Emergency Management staff and Road & Bridge
staff in all their efforts during the flooding. Mr. Berndt stated that Taney County had been
declared for assistance by FEMA in the initial flood and have now extended the time frame for
individual and public assistance. He also commented that area residents need to call FEMA’s
800 number to make sure they are in the system, so that when FEMA is ready to disburse money,
our residents don’t miss out on the opportunity. Mr. Berndt stated that there is not a local FEMA
office set up yet. Commissioner Strahan encouraged Mr. Berndt to contact Mark Parent, Taney
County Airport Manager, to check availability of space for FEMA to set up a local office.
Commissioner Strahan also stated that he encourages the public to contact FEMA, as they will
have many upcoming issues to face.

COMMISSIONER PENNEL
RELAY FOR LIFE FUNDRAISER

Commissioner Pennel made a motion to approve Relay for Life fundraiser dinner that
will be held in the courthouse hallway on Thursday. Commissioner Strahan seconded the
motion. The motion passed by vote: Pennel (yes), Herschend (absent), Strahan (yes).

PUBLIC COMMENT

Bob Schanz addressed the Commission with concerns of the Taneycomo Bridge and the
flooding issue.

Jack Harrison came before the Commission in support of all Parks & Recreation
functions in Taney County, with some concerns. Mr. Harrison stated that all of the parks on the
east side are flooded noting everyone in the county needed to get their heads together and find a
solution for a county park that is above flood level. He also stated the importance of having a
place for kids to go instead of running the streets. Commissioner Strahan commented that it
should be the responsibility of the Park Board, Taney County, City of Forsyth and public
donations to build a county park above the flood zone. Mr. Harrison stated that it is a very large
need in the county. Commissioner Pennel agreed with everything that was said.

Administrator Luttrell stated that there is a lot of grant money out there; someone just
needs to go after it. Commissioner Strahan commented that we needed to be more proactive.
Commissioner Pennel thanked Mr. Harrison for coming forward.

Cheryl Altis, Forsyth Alderwoman addressed the Commission with concerns of the April
Election. Ms. Altis added she had spoke with Donna Neeley and was searching for count in
Ward I & Ward II. Ms. Altis was told that she would never be able to find out that information
and that it was not possible for her to know that; “if I were to find out that information then I
would be able to figure out how everyone voted”. She also commented that it was not her intent
to find out how anyone voted, but only to get a tally for each Ward for the election. Ms. Altis
also requested information for how many votes were cast in the municipal election not counting
the out lying school board. She was told by Clerk Neeley that the information was not available.
Ms. Altis reported that Clerk Neeley stated she would not have certified election results until
Tuesday, April 15th.

Commissioner Pennel stated that he had received other complaints on the election. He
also commented that the Commission would help if they could, but that the Commission has no
authority over the clerk. Counselor Paulson commented that he would look into it and see why
or why not and if there was a substantial legal reason for her actions. Commissioner Strahan
stated that there are many questions that need to be answered and that this is very concerning to
the Commission.

Gary Groman commented that he applauded the efforts of this Commission for working
with other government entities within the county and added that the recent actions of the County
Clerk in not certifying the City of Branson’s election appears to be a departure from the
historical practices of three County Clerks including herself. Groman continued stating Mayor

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Raeanne Presley was quoted saying that it was an inconvenience and otherwise smooth transition
of recognizing out going aldermen and the swearing in of newly elected alderman. Mr. Groman
went on to say that the City of Branson has cancelled its regularly scheduled meeting and
rescheduled it for Wednesday, April 15th. Mr. Groman encouraged the Commissioners to issue a
statement regarding the decision that was made and that it was made independently, by a
separately elected county official, the County Clerk, in which the Commission has no control
over.

Mr. Groman then expressed his concerns regarding Acacia Club Road and requested that
a complete investigation be done as to the roads failure with a written report issued precisely
pointing out what caused the failure, the individuals or companies, governmental or otherwise,
who contributed to the failure, specific recommendations as to what can be done to prevent
another reoccurrence, there or anywhere else in the county, and what, if any, action will be taken
to get reimbursement from those responsible for the roads failure.

Commissioner Pennel called on Eddie Coxie, Planning & Zoning Assistant
Administrator, to explain the process. Mr. Coxie stated the general procedure for Land
Disturbance Permit noting of course the county code book states that anything less than one acre
requires no permit from Planning and Zoning. Mr. Coxie had been in touch with Mr. Eades, who
owns property on Acacia Club Road, approximately 6.11 acres adding that the property owner,
within our time constraints, did follow procedure. Taney County also has a requirement that a
Land Disturbance Permit be accompanied by a bond. Mr. Coxie continued to say that the
property owner pushed rocks into the creek bed and that he revisited the property owner to have
the rock pulled back out. Mr. Coxie stated there was nothing that Planning and Zoning saw that
would have contributed to Acacia Clubs Road failure.

Commissioner Pennel stated that the Commission needed to take a look at the process of
the Land Disturbance Permit and if there was anything that could have been done to prevent the
disaster. Counselor Paulson questioned what actions occurred to have caused the problem in that
the creek may have backed up. Commissioner Pennel stated that there was a large log lodged in
the concrete culvert and the assumption is that that was the cause for the road failure. Counselor
Paulson questioned if this was something that could be covered by FEMA.

Commissioner Pennel stated that the Commissioners attended their quarterly Southwest
County Commissioners Meeting stating that he wanted to bring to the publics attention SB2026,
which addresses adult book stores.

ACCOUNTS ALLOWED

Commissioner Pennel made a motion to approve accounts payable warrants #303055-
303166 and warrants #4818-4819. Commissioner Strahan 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 4/1/08,
4/4/08, 4/7/08, 4/8/08 and 4/9/08. Commissioner Strahan seconded the motion. The motion
passed by vote: Pennel (yes), Herschend (absent), Strahan (yes).

RECESS
10:15 a.m.

Minutes taken and typed by Nikki Lawrence.

EXECUTIVE SESSION

Commissioner Pennel made a motion to go into executive session pursuant to RSMo.
610.021.(1)(12). Commissioner Strahan seconded the motion. The motion passed by vote:
Pennel (yes), Herschend (absent), Strahan (yes).

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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.

FRANK PRESTON & TRESSA LUTTRELL
WORK SESSION

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

1. Water Truck: Ms. Luttrell presented the bids for a water truck and noted that Mr. Preston
had recommended purchasing the truck from Jenkins Diesel in the amount of
$120,866.00.

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).

2. ID Cards: Ms. Luttrell presented the Commission with a sample of an ID Card for the
County employees to use as a form of identification for the public as previously
discussed. Ms. Luttrell added that Gary Morgan, IS Administrator had spoken with the
Auditor who would be handling the issuance as part of the employee entrance review.
Ms. Luttrell further added that when the employees move to the new Judicial Facility,
they will be required to turn in their ID to the Sheriff who would then issue a new
security coded card.

Commissioner Pennel inquired as to what the other Elected Officials would say. Ms.
Luttrell commented that she was bringing the initial information to the Commission and should
they approve of the format, she would then put the issue on the Elected Officials and Department
Heads meeting that would be scheduled soon. Commissioner Pennel noted that he would like to
see a majority of the Elected Officials in favor of this before making it final.

3. Board Appointments: Ms. Luttrell inquired as to if the Commission had made the
contacts for the still vacant board positions on Board of Adjustments and Planning &
Zoning. The Commission noted that they had not.

Commissioner Strahan added that he would still like to see Buddy Roberts appointed to
the County’s transportation board as Mr. Roberts currently sits on the SMACOG transportation
board. After a general discussion the Commission agreed to put the issue on the next
Wednesday’s agenda.

4. Acacia Club Issues: The Commission discussed the issue of Acacia Club being washed
out noting that Gary Groman had requested some investigation of what really happened.
Commissioner Strahan stated he would like to see every concern be responded to.

Mr. Preston indicated that the county was going to design a box type structure which
should help. Because the water is 2 feet higher than the pipes we are not sure of when the county
can work on it and asked if the Commission would like for them to go in and back fill.
Commissioner Strahan commented that that looked like the problem, it should be filled with
possibly some 6-12”

5. Interviews: Mr. Preston informed the Commission that road & bridge would be
conducting interviews for four positions; 2 full time and 2 part time.

6. Casey Road: Mr. Preston stated that he met with Spencer Jones and King Coltrin both
with Great River Engineering regarding Casey Road. Mr. Preston stated that there is both
a project manager and inspector on site as well as county forces flagging. Mr. Preston
noted that his intentions were to put Herion on severe notice as the project was getting a
little bit out of hand and try to get the county forces back as it is in Herion’s contract to
flag.

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Commissioner Strahan commented that White River District Electric employees were
trying to relocate an electric pole for the construction company when the project manager for
Herion went right under the guide wire with a loader and cut the ditch out, knowing that White
River was setting there with the clamps on the pole. The White River crew contacted their boss
who told them to load up, if that was the way they wanted to act, and left. Commissioner
Strahan noted that Herion was not very community friendly.

Commissioner Strahan added that he had driven the road and noticed that there were
some 2 to 1 slopes on the driveways.

7. Fox Trail Road: Mr. Preston presented the Commission with a follow up letter.
Commissioner Strahan noted that there had been a “dig-out” done on the road. Mr.
Preston noted that once the Commission sees the road they will see it meets all the
criteria. Commissioner Pennel noted that if Mr. Preston was ready to make a
recommendation then it should just be placed on the agenda.

Minutes taken and typed by Tressa Luttrell.

APRIL 15, 2008 6TH DAY OF
THE APRIL ADJOURN TERM

The County Commission met in the Commission Office at approximately 10:30 a.m.
pursuant to adjourn with Chuck Pennel, Presiding Commissioner and Ron Herschend, Western
Commissioner present and the following proceedings were had and made a matter of record.

SHOP TALK

The County Commission attended the weekly shop talk to discuss various road & bridge
issues.

ACACIA CLUB ROAD
EMERGENCY REPAIR

Due to the fact that tremendous flooding has caused a portion of Acacia Club Road to fall
in; and that because of the safety of the citizens and risk of liability to the County; Commissioner
Herschend made an emergency motion to order today either the concrete culverts from Kansas
City Concrete Pipe Co. or the option of an 8’ metal culvert from Viebrock with the 4’ culvert the
county already has to repair Acacia Club Road. Commissioner Pennel seconded the motion.
The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (absent).

SEWER DISTRICT MEETING

The County Commission attended the Taney County Regional Sewer District Meeting at
the Hollister City Hall to hear updates on both the Bee Creek and the Ozark Beach sewer
projects.

Minutes typed by Tressa Luttrell.

APRIL 16, 2008 7TH DAY OF
THE APRIL ADJOURN TERM

The County Commission met in the Commission Office at 9:01 a.m. with Chuck Pennel,
Presiding and Danny Strahan, Eastern Commissioner present and the following proceedings were
had and made a matter of record.

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PAYROLL

Commissioner Strahan made a motion to approve the following payroll warrants:

General County Revenue #104201 through #104202, #104231 through #104260

Road & Bridge #104204 through #104224

Assessment Fund #104203, #104225 through #104227

Transfer Station #104228 through #104230

Accounts Payable warrants #303241 through #303258, manual warrants #4820 through #4821.
Commissioner Pennel seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (absent), Strahan (yes).

FLOOD DEBRIS
DUMPING

Commissioner Pennel stated that Cities were setting dumpsters up for people to dispose
of their flood debris adding that maybe it would be a possible FEMA reimbursable expense.
Commissioner Pennel further stated that Commissioner Herschend had been handing out a form
that indicated the transfer station would accept flood debris for free as long as the form was
presented, however the form states that a decision was made on the 15th, but there wasn’t one.

Commissioner Strahan noted that anyone that has flood damage should fill out a form.
Ms. Luttrell noted that Karen at the transfer station should keep those forms with the weight
written down so that they could be submitted to FEMA. Commissioner Pennel made a motion to
ratify the decision to accept flood victims debris at no cost as long as the approved form was
presented and that the date of expiration should be May 17th. Commissioner Strahan seconded
the motion. The motion passed by vote: Pennel (yes), Herschend (absent), Strahan (yes).

Commissioner Herschend entered the meeting.

Commissioner Herschend stated that he would like to continue the discussion regarding
the flood debris at the transfer station, asking that the date be changed to June 1st as some of the
residents haven’t even returned home for the summer. The Commission agreed to change the
date.

Commissioner Herschend noted that he did want an original signature on each form as
that is what he has instructed his staff to look for. Commissioner Pennel stated the most
important thing is that the flood victim signs the form. Commissioner Pennel went on to say that
he would go along with a County or City signing the form but would like for a drivers license to
be copied on the form. Commissioner Herschend stated that there is no harm in that but it would
slow down the staff. Commissioner Pennel disagreed.

Commissioner Strahan commented that he didn’t care either way he just wanted to take
care of the citizens and possibly try to recoup some of the costs. Commissioner Pennel felt that
it would be a good deterrent for someone who might try to abuse the policy. Commissioner
Herschend commented that the transfer station gets their license plate now and added that he
would also like to address roll offs.

Commissioner Strahan noted that the only place it would create a problem is at the
transfer station, if they pick the forms up elsewhere they can simply copy the driver’s license and
attach it. Commissioner Herschend commented that most of the forms he gave out yesterday
were for neighbors and added that there will be issues with sandbags later. Commissioner
Pennel stated that he was giving in on the driver’s license but still thought it should be done.

NUISANCE CASES
PROCESS

Commissioner Pennel stated that he had a different angle regarding the nuisance cases
noting what if the Commission turned over the process of what our staff has been doing to

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Planning & Zoning. They will take the complaints, fill out the paperwork, take the pictures and
write up the recommendation for the Commission. The Commission then would view the
complaints and vote on each case. Commissioner Pennel stated that his motive was to save the
Commission some time but did not want to approve any without first looking at them, as you
know pictures doesn’t always do justice. Commissioner Pennel further noted that the staff
should be reminded that it is only handled on a complaint basis, not driving around looking for
nuisances.

Commissioner Strahan noted that it is unbelievable what can be seen from the air and
commented on his recent helicopter ride to view the flood damage with Mr. Preston.
Commissioner Pennel stated he saw the point but the ordinance states that you have to view the
nuisance from a county road. Commissioner Herschend added that it would be more cost
efficient viewing from the road than a helicopter. Ms. Luttrell suggested speaking to Mr. Preston
prior to contacting the Planning & Zoning staff directly. The Commission concurred.

FLOOD RESPONSE
THANK YOU’S

Commissioner Herschend noted that he would like to have some proclamations of thanks
to the College of the Ozarks students and to Gary Snadon for their recent volunteering and
generosity towards the flood victims. The Commission then added to the discussion the
additional law enforcement presence, road & bridge staff, Tablerock Asphalt, Emergency
Management, the municipalities etc. commenting that something should be done to recognize the
outstanding help received during this time of need.

CASEY ROAD

Commissioner Herschend updated the Commission regarding the shop talk discussion on
Casey Road noting that Herion Construction had discovered soft spots and had to dig down to fix
them wherein Great River Engineering had instructed them to proceed and when they hit the next
spot told the contractor to go ahead, and the next spot told the contractor to go ahead.
Commissioner Herschend went on stating that Mr. Preston was informed at the weekly meeting
that they had incurred costs of $50,000 without a change order and have since continued to now
being a $200,000 additional costs.

Commissioner Strahan commented that he didn’t know what the Commission was going
to do but that that was not going to work. Counselor Paulson noted that you have to do it right
but at the same time should come through with a change order. Commissioner Strahan added
that he could have put 0-6” through the whole stretch for $250,000. That is extremely high and
without the county’s approval; it’s too high no matter what the cost is.

Commissioner Herschend added that the discussion yesterday was that the fact the
Commission hadn’t had the opportunity to review or even look at other options. Ms. Luttrell
referred back to the contract construction meeting where the contractor was specifically told that
any change order above $500.00 had to be reviewed and approved by the County Commission.
Commissioner Strahan stated that he didn’t feel that the county has incurred those costs.

Commissioner Pennel asked Commissioner Herschend if he mentioned that the Engineer
as well as Mr. Preston was taking responsibility. Commissioner Herschend added that Mr.
Preston new about the $50,000 and has met with the Commission twice without notifying us.
Commissioner Strahan noted that this was totally unreasonable and added that this was a 1/8 of
the project costs just on one item. Commissioner Strahan added that the Commission needs to
meet with Great River immediately.

Counselor Paulson posed several statements; that the contractor has continued without
any changes orders, what has the road administrator agreed too, do we have options, do we delay
the project, is it the county’s responsibility or not, do we issue a stop work order. Commissioner
Herschend added that he saw an APAC truck on site this morning and the County’s agent,
Engineer, told the construction company to proceed. Commissioner Strahan pointed out that he
has a definite problem with the county spending money that we don’t know about.

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EXECUTIVE SESSION

Commissioner Pennel made a motion to go into executive session pursuant to RSMo.
610.021 (1)(3)(12). Commissioner Herschend seconded the motion. The motion passed by vote:
Pennel (yes), Herschend (yes), Strahan (yes).

Commissioner Strahan made a motion to move Eddie Coxie into the role of the Planning
& Zoning Administrator upon Mr. Preston’s recommendation at a rate of $33,000.00.
Commissioner Pennel seconded the motion.

Commissioner Herschend recommended $33,280 which is $16.00 even and give Mr.
Coxie the option of hourly or salary. Commissioner Pennel noted that he would like it kept to 40
hours a week if it is hourly. Commissioner Strahan didn’t know how you can administer in only
40 hours. Mr. Preston commented that it is about 6 hours of overtime for that slot.

Motion and second was amended to reflect the $33,280 or $16.00. Commissioner
Herschend requested that the vote be broken down into salary/hourly and appointment of
Administrator. Both motion and second was withdrawn.

Commissioner Pennel made a motion to offer the position of Planning & Zoning
Administrator to Eddie Coxie. Commissioner Herschend seconded the motion. The motion
passed by vote: Pennel (yes), Herschend (no), Strahan (yes).

Commissioner Pennel made a motion to increase Eddie Coxie’s rate to either $33,280
salary or $16.00 hourly. Commissioner Herschend 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
Pennel seconded the motion. The motion passed by vote: Pennel (yes), Herschend (yes),
Strahan (yes).

TANEY COUNTY HUMANE SOCIETY

The Taney County Humane Society met with the Commission to discuss the recent
change in procedures regarding sick and injured animals at the Animal Control Facility. Terese
Mansell stated that the change with sick or injured dogs, from the humane society’s standpoint,
is a bad route to take as it’s already a big problem. If the feeling that an injured or sick animal is
not a threat to the public, I would disagree.

Commissioner Pennel added that he is in agreement that the county should continue to
take the sick and injured, however we did not discuss sick animals. Commissioner Pennel
further added that his argument is that the county hasn’t spent $500 a year on veterinary services
for the injured or sick, the cost is a small amount to pay. Commissioner Strahan reported that on
the news that the City of Springfield had 2700 dogs euthanized and that the costs was taking a
toll on them, they are asking the humane society to pitch in because they will no longer be able
to supply the services. Commissioner Strahan noted that if Taney County was to apply those
kinds of funds it would be out of budget range.

Commissioner Strahan asked what the humane society was willing to do, noting that he
had asked for them to bring their adoption numbers with them. Commissioner Strahan pointed
out that Taney County is an animal control facility not a humane society. Ms. Mansell noted that
before the work session, if there was an injured animal, the citizen could just call animal control
and they would make a determination but at this point it will not even be addressed unless it’s a
threat to the public.

Commissioner Strahan stated that if an animal is hit by a car the county has incurred
those costs not the owner. Commissioner Herschend asked what if it was a stray animal hit by a
car and it was determined that it needed a hip replacement the county could incur a $1,500 cost.

Commissioner Herschend noted that what the Commission tried to do was get back to the
ordinance, there are no laws where the county is responsible except for the cruelty of animals
and that is under the Sheriff and Prosecutor. Commissioner Herschend added that there is
nothing the Commission can do, we have gotten away from the ordinance.

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Commissioner Herschend added that there are costs for the staff to pick up that animal
and this Commission has said we would pay for the staff to do that so we are incurring additional
expense.

Robert Huels asked how the county would determine if there is a safety issue.
Commissioner Herschend stated that the public would call in, should it be snarling etc, yes but if
it’s not it is not our issue. Mr. Huels noted that if it is along the side of the road and a school bus
pulls up, it’s then too late. Commissioner Herschend stated that they would do the best that they
can, it’s a judgment call.

Commissioner Strahan again asked for the humane society’s numbers to see how they
could work together with the county, what are the humane society’s duties and how can the
county complement their programs. Ms. Mansell stated that their goal was to build a facility to
have more options, they had started a foster program but pointed out that if their volunteers were
to respond to an injured animal they could be charged with theft.

A discussion regarding membership, programs and suggestions ensued. Commissioner
Pennel noted that the issue with the change is on the injured animals. Commissioner Strahan
asked what change. Commissioner Herschend stated that the change was in the procedure not
the policy. Commissioner Pennel stated that since he had been responsible for the facility, when
the calls come from the sheriff’s department we have gone out. Commissioner Pennel stated that
he would step up to the plate and personally pay the $500.00 to continue to take the injured
animals which was then matched by Barbara Figaro, Teresa Mansell and Noleen Davis.
Commissioner Pennel further stated that he would go after donations if needed. Commissioner
Strahan pointed out that if everyone was willing to put in the money, then they could have a
facility to start with and noted that he would even donate. Ms. Figaro asked if the county would
then pick up the injured. Commissioner Strahan answered no.

Commissioner Herschend stated that their job is to follow state statute, how does a dog
hit by a car fit that description. Commissioner Herschend did add that he would be willing to
take the suggestion to the County Counselor and should he say yes, we would pursue it.
Commissioner Pennel questioned, so you would be willing. Commissioner Herschend reiterated
that if they, individuals, were all committed to the supplying the funds and Counsel says yes.

RECESS
2:45 p.m.

Minutes taken and typed by Tressa Luttrell.

APRIL 17, 2008 8TH DAY OF
THE APRIL ADJOURN 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.

EXECUTIVE SESSION

Commissioner Herschend made a motion to go into executive session pursuant to RSMo.
610.021.(1)(12). Commissioner Pennel seconded the motion. The motion passed by vote:
Pennel (yes), Herschend (yes), Strahan (yes).

Commissioner Herschend 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).

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

RECONVENE
2:30 p.m.

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The County Commission reconvened at the Hollister City Hall pursuant to adjourn with
Chuck Pennel, Presiding and Ron Herschend, Western Commissioner present.

PARTNERS FOR PROGRESS

The County Commission attended the monthly Partners for Progress meeting to discuss
transportation issues in Taney County.

POVERTY POINT LINE

The County Commission met in partnership with the City of Hollister and the Taney
County Regional Sewer District for a work session on the Poverty Point line. Commissioner
Herschend made a motion to approve to move forward with the concept for the Sanctuary,
Tablerock Canyon and Emerald Pointe sewer systems. Commissioner Pennel seconded the
motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (absent).

Minutes typed by Tressa Luttrell.

APRIL 18, 2008 9TH DAY OF
THE APRIL ADJOURN TERM

The County Commission met in the Commission’s Office at 1:30 p.m. pursuant to
adjourn with Chuck Pennel, Presiding and Ron Herschend, Western Commissioner present and
the following proceedings were had and made a matter of record.

BUILDING HEIGHT REGULATIONS
WORK SESSION

The County Commission along with members of the Planning & Zoning staff worked
through the proposed Building Height Regulations. Commissioner Pennel made a motion to
approve the regulations as amended. Commissioner Herschend seconded the motion contingent
upon the Planning & Zoning Commission’s approval.

Commissioner Pennel amended his motion to include sending the regulations back to the
Planning & Zoning Commission for approval Monday night and the County Commission post to
approve on Tuesday for the final vote. Commissioner Herschend amended his second. The
motion passed by vote: Pennel (yes), Herschend (yes), Strahan (absent).

RECESS
3:40 p.m.

Minutes taken and typed by Tressa Luttrell

APRIL 21, 2008 10th DAY OF
THE APRIL ADJOURNED TERM

The County Commission met in the Associate Circuit II Courtroom at 9:03 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.

COLLEEN APPLEBY
FEMA

Colleen Appleby, FEMA Representative, reported to the Commission that Taney County
has individual assistance as well as public assistance. She also stated that the DRC (Disaster
Recovery Center) would be opening on Tuesday, April 22nd at 1 p.m. and that it would be open

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 TANEY COUNTY COMMISSION RECORD

Wednesday through Saturday from 8:00 a.m. to 7:00 p.m. She also stated that the location of
this local office will be housed at the Taney County Airport. Ms. Appleby encouraged
individuals to register with FEMA by calling 800-621-FEMA and once that is done, individuals
can go to the DRC with any additional questions. She also commented that SBA, Small
Business Administration, will be present to assist with low interest loans to those who qualify.

Ms. Appleby commented that there will be a Public Assistance Applicants Briefing
Meeting held in Christian County on April 25th at 9:00 a.m. She also stated that this meeting is
only for Cities, Counties and Municipalities and not for individuals seeking assistance.

Commissioner Strahan inquired about those affected who had agricultural lands and
contracts. Ms. Appleby stated that those individuals would have to call Local Farm Service
Bureau, USDA. Commissioner Herschend questioned where the retail restaurants should turn.
Ms. Appleby stated that retail restaurants would also benefit from going to talk to SBA and
utilize what tools they have available.

Ms. Appleby stated that the maximum amount to receive back from FEMA is $28,800.
She also encouraged residents to keep all receipts of any work done due to the flood damage.

Commissioner Pennel thanked Ms. Appleby for her time and how much the Commission
appreciated making herself available to our county.

CLEARWATER ACRES VACATION

Tom Motley, Attorney for Petitioner, appeared before the Commission regarding the
Clearwater Acres Vacation. Mr. Motley stated a signed copy of the replat was submitted to the
Commission Office, as well as Planning & Zoning. He also commented that his concern was
that Planning & Zoning would not approve the replat until the Commission approved the
vacation. The Commission concurred that they agreed with the replat. Counselor Paulson stated
that he had already looked at the replat and had no objections other than making this order
contingent on the replat being recorded.

Commissioner Pennel made a motion to approve Clearwater Acres Vacate contingent on
the replat being recorded, as Counselor Paulson discussed. Commissioner Strahan seconded the
motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

PARKING ORDINANCE

Commissioner Pennel questioned Counselor Paulson about the Parking Ordinance.
Counselor Paulson stated that he had given a draft copy to each of the Commissioners for review
and was waiting on direction. He also commented that the Ordinance was based on information
obtained from the City of Hollister and prior discussions with the Commission.

A general discussion ensued. Commissioner Herschend made a motion to table the
Parking Ordinance issue until next Monday for discussion. Commissioner Pennel seconded the
motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

USE OF 139.031 FOR TAX REFUNDS

Commissioner Pennel stated that he would like to get the legislature to clarify the statute
on issuing refunds. He referred back to a memo that was written on November 5th by Counselor
Paulson which stated “I am not saying it cannot be done”. Commissioner Pennel commented it
is his belief the legislature has written this statute to provide tax payers relief when they are not
taxed correctly. He also stated that in 2006 the statute stated that the time frame was changed
from one year to three years regarding the opportunity to seek a refund.

Commissioner Pennel asked Counselor Paulson, “Is it your opinion that it is not legal to
refund the overpayment of taxes?” Counselor Paulson responded by saying that in some
circumstances it is legal to give a refund when someone has already paid their taxes or paid
under protest, but there is no legal authority in the statutes to give a refund. Commissioner
Herschend interjected; point of order and asked why this particular discussion was taking place
in a Commission Meeting as it should be with the Board of Equalization. Commissioner Pennel
responded by stating that he called Maynard Wallace, State Representative, and visited about the

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tax refund issue and Representative Wallace told Commissioner Pennel that if he received help
with the language that he might be able to offer an amendment. Commissioner Pennel then
stated that he contacted the State Tax Commission about language questions in efforts to save
everyone in Jefferson City some time and had received a response back from the State Tax
Commission as follows:

The application of the mistaken erroneous assessment provisions of 139.031,5 is a matter for determination
for the Collector and the County Commission.

Counselor Paulson stated that was correct according to 139.031.5 which states it is the
Collector’s duties to refund when it is an erroneous payment or levy.

Commissioner Herschend made a motion to not address a change to the current standing
as voted by BOE. Commissioner Strahan seconded the motion for discussion. Assessor Strahan
commented on the assessment process. Counselor Paulson stated that according to 139.031.5,
does not include the Assessor. The motion passed by vote: Pennel (yes), Herschend (yes),
Strahan (yes).

MAINTAINANCE ISSUES

Clerk Neeley was requesting assistance, from the Maintenance Department, with her
polling equipment. She stated some of the polling booths needed replacement lights installed
and some may even need to have entire units installed. John Lavender, Maintenance Supervisor,
commented that there are 170 polling booths and are stored at a location that does not have
electricity, therefore all machines would have to be moved to a new location which could take
approximately 32 hours of work.

A general discussion ensued. Commissioner Herschend made a motion for Mr. Lavender
to train Clerk Neeley and her staff on the maintenance of the polling equipment. Commissioner
Strahan seconded the motion for discussion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (yes).

PUBLIC COMMENT

Commissioner Strahan stated that on Friday, April 18th, he was ill and was unable to
attend Planning & Zoning Height Amendment Meeting. He is requesting the Commission to
revisit, if there was a motion made, or rescind the motion on the Height Restriction issue until he
has an opportunity to investigate the legalities of it. Administrator Luttrell commented that
Commissioner Herschend and Commissioner Pennel made a motion, during the Height
Restriction Amendment Meeting, to send it to Planning & Zoning for approval. She also stated
that once the Planning Commission brings it back to the Commission, it will then be posted. A
general discussion ensued.

Commissioner Herschend commented on Acacia Club Road and that both the
Commission and the Road & Bridge Department have worked really hard to get this road
accessible, which will be completed as a two-way gravel road, by Friday evening.

Commissioner Strahan encourages the public to write a letter to the Corp of Engineers
requesting that they open up sites that they have closed down.

FRANK PRESTON
ROAD & BRIDGE SUPERINTENDENT

Frank Preston, Road & Bridge Superintendent, commented on the fly over that
Commissioner Strahan and Mr. Preston had taken. He also stated that it was extremely
beneficial in that they were able see future roads and bridge locations. Mr. Preston stated that
Casey Road was presentable and in neat/tidy shape during the construction process.

ACCOUNTS ALLOWED

Commissioner Strahan made a motion to approve accounts payable warrants #303167-
303175, 303176-303240, 303254-303271, 303272-303369, manual warrant #4822.

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 TANEY COUNTY COMMISSION RECORD

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

ISSUES TABLED

Commissioner Herschend made a motion to table Commission minutes and executive
session until 2:00 p.m. Commissioner Pennel seconded the motion. The motion passed by vote:
Pennel (yes), Herschend (absent), Strahan (yes).

RECESS
10:36 a.m.

Minutes taken and typed by Nikki Lawrence.

RECONVENE
2:00 p.m.

EXECUTIVE SESSION

Commissioner Herschend made a motion to go into executive session pursuant to RSMo.
610.021(1)(12). Commissioner Pennel seconded the motion. The motion passed by vote:
Pennel (yes), Herschend (yes), Strahan (yes).

Commissioner Strahan made a motion to approve change order #3 for Herion
Construction on the Casey Road Project in the amount of $18,990.00. Commissioner Pennel
seconded the motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

Commissioner Herschend made a motion to deny change order #2 and send it back to
Herion for a review of quantities and costs, noting that the county is requesting a complete cost.
Commissioner Pennel seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (yes).

Commissioner Pennel 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).

PRIOR MINUTES

Commissioner Strahan made a motion to approve prior Commission Minutes dated
3/26/08, 3/31/08, 4/2/08, 4/11/08, 4/14/08, 4/15/08, 4/16/08 and 4/17/08. Commissioner Pennel
seconded the motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

REFUND ABATEMENT

A general discussion regarding a personal property issue where an individual had paid on
the vehicle she was trying to license however when the license bureau checked the DMV, she
didn’t own that vehicle on the 1st of January. She then went back to the Assessor’s Office and
paid again, but on the vehicle that was listed at the license bureau.

Commissioner Herschend made a motion to table this issue for the Board of Equalization.
Commissioner Strahan seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (yes).

ACCOUNTS ALLOWED

Commissioner Strahan made a motion to approve manual warrant #4823. Commissioner
Pennel seconded the motion. The motion passed by vote: Pennel (yes), Herschend (yes),
Strahan (yes).

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 TANEY COUNTY COMMISSION RECORD

FRANK PRESTON & TRESSA LUTTRELL
WORK SESSION

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

1. Tandem Dump Truck Bids: Ms. Luttrell presented the Commission with the bids for
three 13’ tandem dump trucks noting that the bids had been reviewed by Mr. Preston.
Ms. Luttrell added that the recommendation was to purchase the trucks from Jenkins
Diesel. Mr. Preston noted that the lowest bidder did not send a complete bid.

Commissioner Strahan made a motion to approve the bid as recommended in the amount
of $431,757.00. Commissioner Herschend seconded the motion. The motion passed by vote:
Pennel (yes), Herschend (yes), Strahan (yes).

Ms. Luttrell presented the Commission with the bids for two 15’ tandem dump trucks
noting the same comments as the previous tandems. Commissioner Strahan made a motion to
approve the bid as recommended in the amount of $268,938.00. Commissioner Pennel seconded
the motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

2. Newspaper Service Bids: Ms. Luttrell presented the Commission with the annual bid for
newspaper services adding that the bids were the same amount as the previous year and
would recommend that Taney County Times be the primary vendor at $6.00 per column
inch and Branson Daily News as the secondary vendor at $8.00 per column inch.

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

3. Body Armor Bid: Ms. Luttrell presented the Commission with a bid for body armor for
the Sheriff’s Department that will be reimbursed through a grant. Ms. Luttrell stated that
the Sheriff had recommended award to Southern Uniform Equipment in the amount of
$17,525.12.

Commissioner Strahan made a motion to approve the bid as recommended.
Commissioner Pennel seconded the motion. Commissioner Herschend noted that he would like
to see the motion contingent upon the receipt of the grant money. The motion and second was
amended on the grant being approved. The motion passed by vote: Pennel (yes), Herschend
(yes), Strahan (yes).

4. Stehle Bridge Materials Bid: Ms. Luttrell informed the Commission that she had
received the bids on the Stehle Bridge Materials and wanted to make sure they
understood that one of the bids had an “only good through” date because of the high costs
of steel.

Commissioner Strahan made motion to reject all bids as he wasn’t sure the county needed
a bridge there that box culverts would work. Commissioner Herschend seconded the motion.
The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

RECESS
4:52 p.m.

Minutes taken and typed by Tressa Luttrell.

APRIL 23, 2008 11TH DAY OF
THE APRIL ADJOURN TERM

The County Commission met at the College of the Ozarks at 8:30 a.m. pursuant to
adjourn with Chuck Pennel, Presiding and Ron Herschend, Western Commissioner present and
the following proceedings were had and made a matter of record.

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 TANEY COUNTY COMMISSION RECORD

POVERTY SUMMIT

The Commission attended the Poverty Summit at the College of the Ozarks Keeter
Center for a workshop on The Hidden Rules of Class at Work.

RECONVENE

The County Commission reconvened at the Commission Office at 4:08 p.m. with all
members present.

EXECUTIVE SESSION

Commissioner Herschend made a motion to go into executive session pursuant to RSMo.
610.021(1)(12). Commissioner Strahan seconded the motion. The motion passed by vote:
Pennel (yes), Herschend (yes), Strahan (yes).

Commissioner Strahan made a motion to approve the change order issued today for the
additional 500 cubic yards of fill for the Casey Road Project. Commissioner Herschend
seconded the motion.

Commissioner Herschend made a motion to table until Monday. Commissioner Strahan
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).

Minutes taken and typed by Tressa Luttrell.

APRIL 24, 2008 12TH DAY OF
THE APRIL ADJOURN TERM

The County Commission met in the Commission Office at 5:00 p.m. pursuant to adjourn
with Chuck Pennel, Presiding and Danny Strahan, Eastern Commissioner present and the
following proceedings were had and made a matter of record.

PARK BOARD
WORK SESSION

The Commission met with members of the park board as well as Dave Oliphant, Forsyth
Mayor to discuss issues with parks and fairgrounds in regards to what is needed, funding,
participation and locations.

Minutes typed by Tressa Luttrell.

APRIL 25, 2008 13TH DAY OF
THE APRIL ADJOURN TERM

The County Commission met at the Branson Schools Cedar Ridge Campus at 8:30 a.m.
pursuant to adjourn with Ron Herschend, Western Commissioner and Danny Strahan, Eastern
Commissioner present and the following proceedings were had and made a matter of record.

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 TANEY COUNTY COMMISSION RECORD

INFORMATIONAL MEETING WITH
BRANSON SCHOOL BOARD

On Friday, April 25, 2008, Commissioner Danny Strahan and Commissioner Ron
Herschend attended an informational executive session of the Finance Committee of the Branson
School Board held at the Branson Superintendent’s Offices at the Cedar Ridge Campus of the
Branson Schools. The session began at 8:30 a.m. The purpose of the meeting was for the
Branson School Board obtain additional information concerning the Ozark Mountain
Underground and the possible use of Chapter 100 Bonds.

The Branson School Board Finance Committee voted to go into closed session for the
informational meeting. Present from the Branson School Board were Peter Marcellus, Rick
Tallon, Ryan Pock, Mike Booth and Patty Loyd. Superintendent Doug Hayter was also present.
Gal Henshaw from the Ozark Mountain Underground Storage, Danny Strahan and Ron
Herschend were also present. Taney County Counselor Bob Paulson entered the meeting just as
it began and Jack Dillingham of Piper Jaffrey arrived at 8:42 a.m.

Commissioner Herschend and Jack Dillingham made a presentation to those school board
members present regarding the Ozark Mountain Underground and the possible use of Chapter
100 Bonds and the related consequences of any such use. Gail Henshaw also answered a couple
of questions addressed to him by Mr. Herschend and by the School Board members present.

Commissioner Strahan did not participate in the presentation, however, once the
presentation he was asked his feelings concerning the use of the Chapter 100 Bonds. Strahan
indicated that he had some concerns and wanted to make sure that any financial incentives used
did not adversely effect the Branson Schools. Commissioner Herschend added that he would not
agree to anything that he believed would adversely affect the schools. Neither County
Commissioner addressed the other during the meeting, no motions were made, and no votes were
taken.

Minutes composed by Bob Paulson.

APRIL 28, 2008 14th DAY OF
THE APRIL ADJOURNED TERM

The County Commission met in the Associate Circuit II 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 Treasurer Soutee followed by the pledge.

DIANE MALL
NEPOTISM

Commissioner Pennel noted that Ms. Mall telephoned the Commission Office and that
she had to cancel, but she would address the Commission next Monday, May 5th.

COMMISSIONER HERSCHEND

Commissioner Herschend stated that he was proud to announce the opening of Acacia
Club Road, as of Friday, April 25th at approximately 8:30 pm. He also complimented the crew
who stayed late until the project was completed.

Commissioner Herschend publicly thanked the Sheriff’s Department and its Deputies for
running extra patrol and doing such a great job in notifying residents during the time of the
floods.

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 TANEY COUNTY COMMISSION RECORD

COMMISSIONER STRAHAN

Commission Strahan noted the greatness of the Park Board Meeting. He also stated that
there were many citizens in attendance and that there were interested in lake & water activities
having to be rescheduled. Commissioner Strahan also commented on Casey Road and how it has
greatly improved.

CHRIS BERNDT, EMERGENCY MANAGEMENT DIRECTOR
UPDATE
Mr. Berndt gave an update to the Commission. He stated that he attended the Public
Assistance Briefing Meeting that was put on by FEMA, which was held in the City of Ozark.
Mr. Berndt requested to become the contact representative for FEMA, which would enable him
to sign the proper paperwork. The Commission concurred that it was a good idea.

Mr. Berndt also commented on the lake levels and that if Taney County received further
rains then there would be releasing additional water, but without causing any more flooding. He
stated that there are 104 residents that were registered as flood victims and the Disaster Recovery
Center has visits from 47 residents.

Commissioner Strahan & Mr. Berndt complimented the Road & Bridge Department, as
they have put forth a tremendous effort and even gone above and beyond their call of duty.

PUBLIC COMMENT

Mr. John Logan stated that Taney County was losing its culture and traditions; becoming
slick and neony, plastic and urban He also stated that the state of Missouri is working across the
state this year to focusing on bringing back some of the show-me traditions of our state. Mr.
Logan asked the Commission to consider passing a resolution recognizing Harold Bell Wright
for the month of May. He noted that Harold Bell Wright was a leading author of his era,
influenced Ronald Regan and was a great screen writer. Mr. Logan also commented that he felt
like as Taney County is growing, we as residents are losing appreciation for our surroundings.

The Commission discussed the importance of this proclamation for Taney County. They
concurred to discuss this on Wednesday, April 30th.

Mr. Art Beck commented on the flow of traffic on the bridge at the intersection of Hwy
76 & Hwy 160.

ACCOUNTS ALLOWED

Commissioner Strahan made a motion to approve accounts payable warrants #303370-
303476 and warrant #4824. Commissioner Pennel seconded the motion. The motion passed by
vote: Pennel (yes), Herschend (yes), Strahan (yes).

PRIOR MINUTES

Commissioner Pennel made a motion to approve prior Commission minutes dated
4/18/08, 4/21/08 and 4/23/08. Commissioner Herschend seconded the motion. The motion
passed by vote: Pennel (yes), Herschend (absent), Strahan (yes).

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).

RECESS

Minutes taken and typed by Nikki Lawrence.

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 TANEY COUNTY COMMISSION RECORD

FRANK PRESTON & TRESSA LUTTRELL
WORK SESSION

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

1. Electrical Upgrades & Generators: Mr. Preston informed the Commission that he had
turned over the research of wiring the west barn for three phase as well as providing a
generator for emergency outages.

John Lavender, Maintenance Supervisor presented a proposal from K&R for the west
barn. Ms. Luttrell asked if this was a sole source provider per statute. Mr. Lavender stated yes.
Ms. Luttrell read the statute noting the specifics regarding a sole source, noting that the law had
changed in that posting or advertising requirements were now required even if a sole source. Mr.
Preston noted that they would get the information to Ms. Luttrell for required posting.

Commissioner Herschend asked Mr. Preston to take a real look at the need and evaluate
the proposal first.

2. Roads: Ms. Luttrell presented various outstanding road petitions and vacations for
review.

Fox Trail: Mr. Preston will revisit the issue and asked if the Commission was willing to
approve with a minimum amount of work. Commissioner Herschend stated he was concerned
about spending approximately $6,000 per house. Mr. Preston commented that if they ripped up
the chip seal, grade it and add some base it would cost approximately $10,000.

Commissioner Strahan made a motion to do so at a not to exceed cost of $10,000.
Commissioner Pennel seconded the motion. Commissioner Pennel asked for it to be contingent
upon touching base with the petitioners and letting them know that the road will be gravel for a
certain amount of time. Commissioner Herschend asked that all landowners are contacted.
Commissioner Strahan added that if Mr. Preston was to get approval from all land owners he
would proceed. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

Round Hill, Shadow Lake, Mesquite and Shadow View: Commissioner Strahan made a
motion to table until proper response is received. Commissioner Herschend made a motion to
deny the petition the letter has pretty much said the county wouldn’t take the road in.

Commissioner Pennel seconded the motion to table and asked for the petition to be
brought up in 30 days. Should there not be a response, then deny. The motion passed by vote:
Pennel (yes), Herschend (no), Strahan (yes).

Quebec Road Vacation: Commissioner Pennel made a motion to table until Mr. Paulson
has another chance to review. Commissioner Strahan seconded the motion. Mr. Paulson noted
that he would need a week and a half. The motion passed by vote: Pennel (yes), Herschend
(yes), Strahan (yes).

Holiday Avenue Vacation: Commissioner Pennel made a motion to table until
Commissioner Strahan has a chance to take a look at the road. Commissioner Herschend
seconded the motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

3. Jail Food Bid: Ms. Luttrell presented the bids for the prisoner food that was to get us
through move in date. It was given to the Sheriff for review and has recommended the
approval of Springfield Grocer and Save A Lot. Ms. Luttrell added that the Sheriff
commented that the other bidder, US Foodservice had an added fuel charge that brought
their bid higher.

Commissioner Strahan made a motion to approve the bids of Springfield Grocer and Save
A Lot as recommended by the Sheriff. Commissioner Pennel seconded the motion. The motion
passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

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 TANEY COUNTY COMMISSION RECORD

4. Janitorial Supply Bid: Ms. Luttrell presented the bids for the annual janitorial supplies.
Ms. Luttrell noted that she would recommend the Commission award to all vendors and
work with John Lavender and Renee Brusca to get the best value from the bids.

Commissioner Strahan made a motion to award the bid to all vendors: Pippen Supply,
White Castle Janitorial Supply, Unipak Corporation and Hillyard as recommended.
Commissioner Herschend seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (yes).

5. Culvert Bid: Ms. Luttrell presented the Commission with a bid for culverts as requested
by road & bridge. The only bidder was Metal Culverts. Commissioner Strahan noted
that he thought we had purchased all the culverts already and asked Mr. Preston to check
on it prior to making a decision.

APRIL 29, 2008 15TH DAY OF
THE APRIL ADJOURN TERM

The County Commission met in the Commission Office at 10:00 a.m. pursuant to adjourn
with Chuck Pennel, Presiding and Ron Herschend, Western Commissioner present and the
following proceedings were had and made a matter of record.

SHOP TALK

The Commission attended the weekly road & bridge shop talk to discuss various road
issues.

Minutes typed by Tressa Luttrell.

APRIL 30, 2008 16th DAY OF
THE APRIL 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.

Commissioner Herschend made a motion to go into Executive Session pursuant to RSMo
610.021(1)(12). Motion died for lack of being seconded.

HAROLD BELL WRIGHT PROCLAMATION

Commissioner Pennel made a motion to approve the Harold Bell Wright Proclamation
and also noted that a copy needed to be sent to the Commission Office for our records.
Commissioner Herschend seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (yes).

PAYROLL

Commissioner Strahan made a motion to approve payroll warrants:

General County Revenue warrants #104290 through #104314

Road & Bridge warrants #104261 through #104283

Assessment Fund warrants #104284 through #104286

Transfer Station warrants #104287 through #104289

Accounts Payable warrants #303488 through #303504, manual warrants #4825, #4826

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Commissioner Pennel 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(1)(12). Commissioner Pennel seconded the motion. The motion passed by vote:
Pennel (yes), Herschend (yes), Strahan (yes).

Commissioner Herschend made a motion to recess Executive Session at 11:30 a.m.
Commissioner Pennel seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (yes).

Commissioner Pennel called the meeting back to order at 12:30. Commissioner
Herschend 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).

Commissioner Pennel called the meeting to order.

ANIMAL CONTROL BUDGET

Commissioner Pennel stated that the Commission was going to be unable to meet today
on the Animal Control Budget Issues but there needed to be some amendments to the budget to
cover the shots and other things.

TRANSFER STATION SCRAP METAL

Commissioner Pennel stated that he had received a telephone call from an individual who
was requesting to haul off the scrap metal at the Transfer Station. Commissioner Herschend
commented that the Commission needed to schedule a Work Session and discuss the issue.

Commissioner Strahan made a motion to table the discussion regarding the scrap metal at
the Transfer Station. Commissioner Herschend seconded the motion. The motion passed by
vote: Pennel (yes), Herschend (yes), Strahan (yes).

RECESS

EXECUTIVE SESSION

Commissioner Pennel made a motion to go back into Executive Session pursuant to
RSMo 610.021(1)(12). Commissioner Herschend seconded the motion. The motion passed by
vote: Pennel (yes), Herschend (yes), Strahan (yes).

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).

Commissioner Pennel called the meeting back to order. Commissioner Herschend
commented on not letting everyone on the agenda. Let it be noted that there were no motions
and no votes taken.

Commissioner Herschend made a motion to go back into Executive Session pursuant to RSMo
610.021(1)(12). Commissioner Strahan seconded the motion. The motion passed by vote:
Pennel (yes), Herschend (yes), Strahan (yes).

Commissioner Herschend 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).

RECESS

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ASSESSMENT MAINTENANCE PLAN

Commissioner Pennel contacted Commissioner Herschend and Commissioner Strahan
via telephone to discuss the Assessment Maintenance Plan.

Commissioner Pennel made a motion to approve the filing of a petition, allowing the
county or the assessor to petition the Administrative Hearing Commission to decide all matters in
dispute regarding the Assessment Maintenance Plan. Commissioner Herschend seconded the
motion. The motion passed.

RECESS

Minutes taken by Donna Neeley and typed by Nikki Lawrence.

MAY 02, 2008 17th DAY OF
THE APRIL ADJOURNED TERM

The County Commission met in the Commission Office at 1:15 p.m. pursuant to adjourn
with all members present and the following proceedings were had and made a matter of record.

TRANSFER STATION VEHICLE DAMAGE

Commissioner Herschend stated that while the Transfer Station was opened to the flood
victims for disposal of their items, there was a vehicle that was damaged while unloading a
couch. He also commented that the individual would not have transportation while his vehicle
was being fixed and would like to discuss the possibility of compensation for the individuals’
vehicle damage, as well as for a rental vehicle. Commissioner Herschend requested that the
county pay for the damages that incurred at the Transfer Station, as well as a rental vehicle for
the individual.

Commissioner Strahan commented that he was not in favor of compensating the
individual for a rental vehicle, but he made a motion to pay $642.53 for the damages that
occurred to the vehicle. Commissioner Herschend seconded the motion and stated that he was
present during the time of the accident. The motion passed by vote: Pennel (yes), Herschend
(yes), Strahan (yes).

Commissioner Strahan made a motion to deny payment for the rental vehicle.
Commissioner Herschend seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (yes).

VARIANCE PROCEDURE

Commissioner Pennel called the meeting back to order at 2:42 p.m. Commissioner
Herschend stated that Mr. Tim Barth had purchased multiple properties from the bank. He also
commented that there was a discrepancy in the set back and that Mr. Barth could not close due to
the fact that he could not be on the next Board of Adjustment hearing.

Counselor Paulson stated that the home was originally built on the setback and the bank
took the property back and then sold it to Mr. Barth noting that he inherited the problem.

Commissioner Strahan commented that Mr. Barth is the third person down the line and
didn’t believe that he should have to take responsibility for the problem as he did not create it.
Commissioner Herschend noted that this problem was reported the day after the deadline for the
Board of Adjustment Hearing.

Counselor Paulson stated the variance procedure is stated in the Planning & Zoning
Code, which basically says an individual must file the appeal at least 30 days in advance of the
hearing due to the fact that a regular mailed notice must go out no later than 15 days prior to the
hearing. Counselor Paulson commented that the home was built in violation of the law; Mr.
Barth got it from the bank who got it from the other person, who violated the law. Mr. Paulson
went on to say that the home was built within the setback but Mr. Barth could be faced with

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having to tear it down. Counselor Paulson added that in order to sell the home, Mr. Barth has to
hope that he can get a variance from the Board of Adjustment but there is no guarantee that the
variance will be passed. Counselor Paulson stated that there is a time limit in appealing to the
Board of Adjustment

A general discussion ensued. Commissioner Strahan made a motion to change the time
limit on an appeal from 30 days to 15 days. Commissioner Herschend seconded the motion for
discussion. Commissioner Herschend withdrew his second. Commissioner Strahan withdrew
his motion.

EXECUTIVE SESSION

Commissioner Strahan made a motion to go into Executive Session pursuant to RSMo
610.021.1. Commissioner Herschend 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
Pennel 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 taken.

COMMISSIONER HERSCHEND
MONDAY’S AGENDA

Commissioner Herschend made a motion that starting immediately that the Commission
require a paragraph stating the topic/question, issue or action item to be placed on the Monday
Agenda. He also included in his motion that anything that would require the Commission to take
action on will be submitted prior to Thursday at 3 pm and that the Commission will meet prior to
Friday at 9 am to approve items for Monday’s Agenda that will be taken up for action.
Commissioner Herschend commented that all other items can be aired during Public Comment.

Commissioner Strahan commented that he does not have a problem with the motion, but
would like to see it shortened. The motion died for lack of being seconded.

Commissioner Herschend made a motion to clear the agenda for Monday. The motion
died for lack of being seconded.

Commissioner Herschend restated his original motion. Commissioner Strahan seconded
the motion. The motion passed by vote: Pennel (no), Herschend (yes), Strahan (yes).

RECESS
4:55 p.m.

Minutes taken by Karen Yust and typed by Nikki Lawrence.

MAY 05, 2008 18th DAY OF
THE APRIL ADJOURNED TERM

The County Commission met in the Associate Circuit II 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 Commissioner Pennel followed by the pledge.

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ANGELA LEIST
PARK BOARD RECOMMENDATIONS

Ms. Angela Leist approached the Commission with a few Park Board Recommendations.
She stated the Park Board had been discussing where their monies would best be used within the
county. Ms. Leist requested to use funds for the Village of Taneyville, so that they may finish
their bathrooms, and Mincy Park, as they are in the Phase I Proposal, which would include
finishing bathrooms, building a basketball court and adding barbeque grills and various picnic
areas. She also noted that the Village of Taneyville would require $4500.00 and Mincy Park
would require $8400.00. Ms. Leist commented that she had been in touch with Rockaway
Beach, but they are still in the design phase, thus requesting to be placed third on the list.

Ms. Leist stated that the Park Board is requesting approval to proceed with the projects
at Taneyville and Mincy Park and for Counselor Paulson to offer assistance with the
Intergovernmental Agreements. Commissioner Pennel commented on the Park Board budget. A
general discussion ensued as to whether or not there was enough funds to support the projects
discussed.

Commissioner Strahan made a motion to approve the request that was presented to the
Commission. Commissioner Pennel seconded the motion. Commissioner Herschend called
point of order and commented that when we had budgeted these funds in the past, as long as the
spending is within their budget, have we approved individual projects? Commissioner Strahan
answered by saying that on previous occasions Ms. Leist, Park Board Secretary, had come before
the Commission to gain approval of other projects. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (yes).

DIANE MALL
NEPOTISM

Commissioner Pennel stated that he had a statement that he wanted to read to Ms. Diane
Mall regarding Nepotism.

Several weeks ago Mr. Bob Schanz and Mr. Ron Houseman spoke to this Commission about their concerns
that I might be guilty of Nepotism. They both reported that they had seen documents that indicated that
that might be the case. For some reason that information was not given to the Commission or myself. Mr.
Schanz asked 13 questions which I answered the following week.

To my understanding the documents they spoke of are in the hands of Prosecuting Attorney Ron Cleek of
Christian County. Recently I heard that he had turned that information over to the Highway Patrol for them
to investigate the allegations. After their investigation is complete, I assume he will then decide if charges
willed be filed against me over this issue.

Friday afternoon at the request of Commissioner Herschend, the Commission had a work session about
changing the procedure by which the public may get on the agenda.

It was voted by Commissioner Herschend and Commissioner Strahan to change how the Commission
allows the public put a topic on the agenda. The decision made does not limit the public from speaking to
the Commission in the public comment section of the agenda.

Diane I have said all this to suggest that you put in writing any information you have concerning this issue
and turn it over to the Prosecutor’s Office in Christian County. Also knowing that the Commission will be
very limited to what we can say about this issue. Because of the investigation, I would ask if you want to
make any comments to us that you hold them until the public comment portion of the agenda.

Ms. Mall stated that her reasoning for coming before the Commission lies more in the
area of Animal Control and only had a couple of comments to say about Nepotism. She also
questioned what the legal definition of Nepotism is. Counselor Paulson stated that the definition
is found in Article 7, Section 6 and reads as follows:

Penalty for Nepotism any public officer or employee in this state who by virtue of his office or employment
names or appoints to public office or employment any relative within the 4th degree by consanguinity or infinity
shall thereby forfeit his office or employment.

Ms. Mall stated that she has a couple of things to say under the issue of Nepotism, but
that most of her concerns pertain to the Animal Control issue, which she will address under the
Public Comment section. Commissioner Herschend stated that this is the exact reason that the
Commission decided to change policy on Monday’s Agendas adding that there are citizens that

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come before the Commission that want answers or want the Commission to take action on a
certain issues, but the Commission is unable to prepare and inform the public on what the
Commission would actually be taking action on.

Ms. Mall questioned why the Commission never answered any of her statements on
December 5, 2007. She commented that all her ideas and concerns on the Animal Control
shelter were never addressed.

COMMISSIONER HERSCHEND
LENHART ROAD UPDATE

Commissioner Herschend requested an update on the Lenhart Road Petition. He stated
that approximately four weeks ago an individual petitioned to have Lenhart Road taken into the
county system. Commissioner Herschend also commented that there was a letter sent back to
this individual stating that the road in question is not contiguous with county or state highways,
as there is a private road between the proposed county road and us. He noted that the previous
petitioner had been in to discuss making this a county road and at that time the petitioner was
told that there would need to be several thousands of dollars worth of improvement that needed
to be completed before the Commission would take a second look.

Counselor Paulson stated that he is unsure as to whether the current petition on file is
even valid. He also commented that there is one remonstrance in the file. Counselor Paulson
sent this individual a letter stating that there were several issues that needed to be addressed
before the Commission would consider reviewing the petition. Mr. Paulson noted that a couple
weeks after sending the letter, this individual came to see him and asked what the issues were.
Counselor Paulson stated there was a sidewalk issue, a curb and gutter issue and that there are
additional issues that would have to be addressed with neighboring roads.

LISA OWEN
WHITE RIVER VALLEY HISTORICAL SOCIETY

Ms. Lisa Owen thanked the Commission for the support letter they wrote in reference to
the Parnell House, which has now been placed on the National Registry in the Historical
Preservation. She also stated that this is the first project in over ten years where Taney County
has been placed on the register.

Ms. Owen reminded the Commission of the upcoming events. She stated that on
Wednesday, May 15th, there will be a Tour of the Historical Sites at 1:00 pm, which will end at
the Parnell House, with a reception to follow that will be held at the Branson Convention Center
at 5:30 and on Thursday, May 16th the Quarterly Meeting will be held in the Bee Creek Room at
the Branson Convention Center.

COMMISSIONER STRAHAN

Commissioner Strahan commented that the Commission will not ever deny anyone the
right to speak at any Commission Meeting. He also stated that the Commission’s first priority is
to conduct county business.

PUBLIC COMMENT

Mr. Art Beck commented on Swan Creek and the possibility of raising the grade of the
road.

Mr. Bobby Clay commented on the issue of Nepotism and how the courthouse used to be
full of family members, but that it is much better now.

Ms. Diane Mall commented on the December 5th meeting she had with the Commission
and that they have not addressed her concerns. She also stated that she has concerns about the
way the Animal Control Facility is managed.
Assessor Strahan noted the danger of JJ Highway and commented that it is due to the
construction of the Airport. He also stated that the laws are the same as they have always been in
regards to the issue of Nepotism.

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ACCOUNTS ALLOWED

Commissioner Herschend made a motion to approve accounts payable warrants
#303477-303487, #303505-303605 and manual warrant #4827. Commissioner Strahan seconded
the motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

PRIOR MINUTES

Commissioner Strahan made a motion to table prior Commission minutes dated 4/21/08,
4/23/08, 4/24/08 and 4/25/08 till Wednesday. Commissioner Pennel seconded the motion. The
motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

RECESS
10:02 a.m.

Minutes taken and typed by Nikki Lawrence.

RECONVENE
1:00 p.m.

FRANK PRESTON & TRESSA LUTTRELL
WORK SESSION

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

1. West Barn Electrical: John Lavender, Maintenance Supervisor gave an update regarding
the placement of underground electric and the installation of a generator at the West
Barn. Commissioner Herschend asked if Mr. Preston has looked at what that location
really needed. Mr. Preston noted that he still had a concern that it is still too much
generator.

2. Acacia Club: Mr. Preston gave an update on the Acacia Club road repairs noting that
they are currently working on the upstream pour but will be pulling the concrete crew off
for a few days to finish the concrete slab at the Kissee Mills barn where the new building
will be located.

3. Temporary Access Road: Mr. Preston commented that he was asking for permission to
place a new tin horn and 1-2 loads of base on a road down “Y” Highway where residents
could have access during flooding. Commissioner Herschend asked if Mr. Preston had
looked at any other alternatives. Mr. Preston stated he had Randy Haes and John Rider
take a look at the road and alternatives and noted that Empire Electric was in agreement
with the arrangement.

Commissioner Strahan made a motion to expend county dollars on said road in order to
provide the citizens with an access during the flooding. Commissioner Herschend seconded the
motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

NUISANCE CASES

Commissioner Herschend made a motion to deny the complaint on Bookout Road as it
does not go against the ordinance. Commissioner Pennel seconded the motion. The motion
passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

Commissioner Strahan made a motion to deny the complaint on 447 Sandpiper as Spring
Meadows Subdivision has a home owners association to take care of this. Commissioner
Herschend seconded the motion. The motion passed by vote: Pennel (yes), Herschend (yes),
Strahan (yes).

Commissioner Herschend made a motion to deny the complaint on 427 Sandpiper.
Commissioner Strahan seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (yes).

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 TANEY COUNTY COMMISSION RECORD

Commissioner Pennel made a motion to take the complaint on Field Road to the next
level; whether it’s the second letter or to Counsel. Motion died for a lack of a second.
Commissioner Strahan to go look at this as well as Circle Drive as the pictures do not show
enough detail.

Commissioner Pennel made a motion to deny the complaint on Lakewood Road as per
the recommendation of Keith Crawford. Commissioner Herschend seconded the motion. The
motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

Commissioner Pennel made a motion to move forward on the complaint on Scenic Drive.
The motion died for a lack of a second. Commissioner Herschend made a motion to deny based
upon the photos. Commissioner Strahan seconded the motion. The motion passed by vote:
Pennel (yes), Herschend (yes), Strahan (yes).

Commissioner Strahan made a motion to deny the complaint on Oakmont Hills.
Commissioner Herschend seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (yes).

Minutes taken and typed by Tressa Luttrell.

MAY 7, 2008 19TH DAY OF
THE APRIL ADJOURN TERM

The County Commission met in the Commission’s Office at 9:30 a.m. pursuant to
adjourn with Chuck Pennel, Presiding and Ron Herschend, Western Commissioner present and
the following proceedings were had and made a matter of record.

MOTION TO TABLE

Commissioner Herschend made a motion to amend the agenda and move the approval of
minutes and bid awards for culverts to the 3:00 p.m. meeting. Commissioner Pennel seconded
the motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (absent).

Minutes taken by Donna Neeley.

RECONVENE

The County Commission met in the Commission’s Office at 2:00 p.m. pursuant to
adjourn with Chuck Pennel, Presiding and Danny Strahan, Eastern Commissioner present and the
following proceedings were had and made a matter of record.

Commissioner Herschend entered the meeting at 2:13 p.m.

ELECTED OFFICIALS / DEPARTMENT HEADS
MEETING

The County Commission met with Elected Officials and Department Heads to discuss the
various issues:
‰ ID Cards: It was agreed that all Elected Officials and Department Heads
would be issued Identification Cards.
‰ Employee Recognition: The employee picnic will be set for sometime in
September.
‰ FEMA Reimbursements: A reminder that those that will get FEMA
reimbursements should get their paperwork started. The Auditor’s Office will
provide any assistance needed.
‰ Fuel Costs: A discussion of what the county could do to provide some relief
to the employees because of the high cost of fuel.
‰ Judicial Facility: An update on the new judicial facility as well as updating
the remodeling of the existing building to accommodate the various offices
moving back into the facility.

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BOE SCHEDULING

Clerk Neeley informed the Commission that a new scheduled date would be needed for
the Board of Equalization due to members not being available. The Commission set the fourth
Thursday at 9:30 a.m.

CULVERT BID

Commissioner Strahan made a motion to approve the bid as submitted by Metal Culverts
in the amount of $8,862.30. Commissioner Herschend 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 April
24, April 28 and April 29, 2008. Commissioner Pennel seconded the motion. The motion
passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

Commissioner Herschend made a motion to table prior Commission Minutes dated April
25, 2008. Commissioner Strahan 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(1). Commissioner Pennel seconded the motion. The motion passed by vote: Pennel
(yes), Herschend (yes), Strahan (yes).

Minutes taken and typed by Tressa Luttrell.

MAY 12, 2008 20th DAY OF
THE APRIL ADJOURNED TERM

The County Commission met in the Associate Circuit Courtroom at 9:00 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 Commissioner Strahan followed by the pledge.

Commissioner Herschend entered the meeting at 9:04 a.m.

CEDAR SPRINGS ROAD PETITION

Commissioner Pennel read the following petition into record:

Petition for establishment of a public road, which is located at Section 12, Township 23N and Range 20W;
Cedar Park Drive and Cedar Springs Avenue.

Commissioner Strahan asked Frank Preston, Road & Bridge Superintendent, if there was
an island as you enter the intersection. Mr. Preston stated that according to the aerial photograph
there shows no island where the roads intersect.

Commissioner Strahan made a motion to accept Cedar Springs Drive and Cedar Springs
Avenue into the County Road System. Mr. Preston noted that there will be maintenance issues
initially, as there are severe pavement concerns. Commissioner Strahan commented on the two
cul-de-sacs, as only one is platted.

Commissioner Strahan restated his motion to say acceptance of Cedar Park and Cedar
Springs to the point of the entrance to Cedar Park, not to the cul-de-sac side, until the cul-de-sac

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 TANEY COUNTY COMMISSION RECORD

is platted. He also stated in his motion that if the cul-de-sac was platted then he would accept the
entire road. Commissioner Pennel seconded the motion.

A general discussion ensued. Commissioner Pennel withdrew his second.
Commissioner Strahan withdrew his motion.

Commissioner Pennel made a motion to table Cedar Springs Road Petition until the cul-
de-sac is platted. Commissioner Herschend seconded the motion and made mention that this
petition would be taken up within the next 90 days. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (yes).

MR. GARY JONES
PRESIDENT’S VOLUNTEER SERVICE AWARD

Commissioner Pennel stated that he was invited, last Thursday, to present Mr. Gary Jones
with the President’s Volunteer Service Award. Chris Berndt, Emergency Management Director,
noted that Mr. Jones is a ham radio operator, which entails volunteering in helping to maintain
the bulletin board for the disaster preparedness.

Commissioner Pennel stated that he appreciated the hundreds of hours that Mr. Jones has
volunteered for Taney County.

BOB SCHANZ
EMPLOYEES MAKING STATEMENTS TO THE PRESS

Bob Schanz commented that there was wrong information given to the media by Taney
County employees and encouraged the Commission to consider hiring a press secretary that
would address the press.

BOB SCHANZ
ANIMAL CONTROL FACILITY

Bob Schanz reflected on last weeks meeting where the topic of Animal Control Facility
and Nepotism were discussed. He commented that due to Commissioner Pennel currently being
investigated, he should refrain from speaking about anything in the area of Animal Control and
suggested that Commissioner Pennel step down completely until the investigation is completed.

BOB SCHANZ
ACTIONABLE AGENDA ITEMS

Bob Schanz stated that he filed out the proper documentation at the Commission Office
on Friday morning and hoped the Commission will take into consideration his suggestions.

Commissioner Herschend made a motion to send a letter to staff, within the Courthouse,
directing all official information to come from Elected Officials or the Commissioners.
Commissioner Pennel asked for clarification on whether Commissioner Herschend was referring
to the public or to the media. Commissioner Herschend added to his motion to include
Department Heads and/or county employees who have been directed by the Commission.

Commissioner Strahan commented that there needs to be a discussion prior to making a
decision on this issue, although he agrees with Commissioner Herschend in that there needs to be
a specific person that would address the media. He also recommended that the Commission
explore this issue during a work session.

Commissioner Herschend requested for Counselor Paulson to give his legal opinion on
whether or not it is legal for Commissioner Pennel to be involved in discussion regarding Animal
Control issues or any county business while he is under investigation, in the form of a letter.

Mr. Schanz commented on long distance charges incurred to the county by CenturyTel
and suggested that the Commission look into having CenturyTel provide the county with
additional local numbers in the area.

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COMMISSIONER PENNEL
NEXT MONDAY’S MEETING

Commissioner Pennel stated that next Monday’s meeting will be held at 10 a.m. instead
of 9 a.m. because he was invited by the Recorder of Deeds to welcome the Recorder’s
Association at the Chateau in Branson at 9:00 a.m.

COMMISSIONER PENNEL
NATIONAL POLICE WEEK RESOLUTION

Commissioner Pennel read into record the National Police Week Resolution:

RESOLUTION NO. 08-0512

WHEREAS, the Congress of the United States of America has designated the calendar week of each year
during which May 15 occurs as “National Police Week” and May 15th of each year to be “Peace Officers’
Memorial Day”; and

WHEREAS, the peace officers are our guardians of life and property, defenders of the individual’s right to
be free, warriors in the war against crime, and dedicated to the preservation of life, liberty, and the pursuit
of happiness; and

WHEREAS, it is known that every forty-nine hours an American Police Officer will be killed in the line of
duty somewhere in the United States, and 170 officers will be seriously assaulted in the performance of
their duties, our community joins with other cities and towns to honor all peace officers everywhere;

BE IT RESOLVED, that the Taney County Commissioners, do hereby proclaim the week of May 11th to
May 17th to be Law Enforcement Week in Taney County and call upon all our citizens in the community to
especially honor and show our sincere appreciation for the peace officers of this county by deed, remarks,
and attitude. We call upon all our citizens to make every effort to express their thanks to the women and
men who make it possible for us to leave our home and families in safety each day and to return to our
homes knowing we are protected by women and men willing to sacrifice their lives, if necessary, to guard
our loved ones, property and government against all who would violate the law.

Dated this 12th day of May 2008.

Commissioner Pennel made a motion to approve Resolution #08-0512. Commissioner
Herschend seconded the motion and also challenged other to consider seeking out a Law
Enforcement Officer within the next 30 days to let them know how much their hard work is
appreciated. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

COMMISSIONER PENNEL
CLARIFICATION OF AGENDA REQUESTS

Commissioner Pennel stated that the Commission needed to clarify the decision that was
made on the procedure of being on the Monday Agenda.

Commissioner Herschend read the motion that was made on Friday, May 2, 2008 during
a meeting, which stated:

Commissioner Herschend made a motion that starting immediately that the Commission require a
paragraph stating the topic/question, issue or action item to be placed on the Monday Agenda. He also
included in his motion that anything that would require the Commission to take action on will be submitted
prior to Thursday at 3 pm and that the Commission will meet prior to Friday at 9 am to approve items for
Monday’s Agenda that will be taken up for action. Commissioner Herschend commented that all other
items can be aired during Public Comment.

Commissioner Strahan commented that there needs to be a request sent to the media
allowing the public to speak out, but doing it in an orderly fashion. Commissioner Herschend
stated that if the Commission sees that this procedure is not beneficial to the public, then it could
go back to the way it has always been.

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TRESSA LUTTRELL
ABL CONTRACT

Tressa Luttrell, County Administrator noted that the ABL contract is not currently ready,
as there are still a couple of questions for Sheriff Russell. Counselor Paulson stated that he
would only need about 30 minutes to change the contract once he received proper information
from Sheriff Russell.

Commissioner Herschend made a motion to table the ABL Contract until 11:30 a.m.
Commissioner Strahan seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (yes).

RICK FINDLEY
COUNTY AUDITOR

Auditor Findley presented the Commission with a financial report noting that the
balances were going backwards due to the Judicial and Casey Road projects.

Commissioner Strahan requested Mr. Findley to clarify his statement for the public. Mr.
Findley stated that initially the plan was to spend 7 million and up until December 2007, we were
using bond money and currently we are using county funds so it may appear as if the balances
are going down.

JAMES STRAHAN
COUNTY ASSESSOR

Assessor Strahan commented that he opposes the earlier statements about not allowing
employees to speak with the media.

PUBLIC COMMENT

Mr. Art Beck thanked the Sheriff’s Office for directing traffic at the bridge. He also
commented on the possibility of getting a toll-free telephone number for the Taney County
Courthouse. Mr. Beck expressed concerns of our countries military men being cremated in the
same facilities as animals.

Mr. Josh Smith commented on National Police Week in a positive aspect and also
encouraged the Commission to consider raising the rate of pay for Law Enforcement Officers.
He also asked the Commission to reflect on the nepotism issue and whether or not Commission
Pennel should be allowed to participate in Commission meetings while he is under investigation.

ACCOUNTS ALLOWED

Commissioner Pennel made a motion to approve accounts payable warrants #303606-
303716, manual warrants #4828-4831. Commissioner Herschend seconded the motion. The
motion passed by vote: Pennel (yes), Herschend (yes), Strahan (abstain).

PRIOR MINUTES

Commissioner Pennel made a motion approve prior Commission minutes dated 4/30/08,
5/5/08 and 5/7/08. Commissioner Strahan seconded the motion. The motion passed by vote:
Pennel (yes), Herschend (yes), Strahan (yes).

Commissioner Strahan made a motion to approve prior Commission minutes dated
4/25/08. Commissioner Herschend seconded the motion. The motion passed by vote: Pennel
(abstain), Herschend (yes), Strahan (yes).

PAYROLL

Commissioner Pennel made a motion to approve payroll warrants:

General County Revenue warrants #104344-104366

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Road & Bridge warrants #104315-104338

Assessment Fund warrants #104339-104340

Transfer Station warrants #104341-104343

Accounts Payable warrants #303732-303747, manual warrants #4833-4834.

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

RECESS
10:24 a.m.

Minutes taken and typed by Nikki Lawrence.

RECONVENE
11:33 a.m.

ABL CONTRACT

Commissioner Strahan made a motion to approve the contract between ABL and Taney
County. Commissioner Herschend seconded the motion. The motion passed by vote: Pennel
(yes), Herschend (yes), Strahan (yes).

RECESS
11:53 a.m.

RECONVENE
1:05 p.m.

SEPTAGON CONSTRUCTION
MONTHLY UPDATE

Commissioner Herschend made a motion to approve PR#46 to paint the interior of the
sallyport with exterior acrylic paint in lieu of the epoxy paint for an additional $4,053.00.
Commissioner Strahan seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (yes).

Commissioner Herschend made a motion to approve the purchase of a 7’10” wood door
for an additional $577.00. Commissioner Strahan seconded the motion. The motion passed by
vote: Pennel (yes), Herschend (yes), Strahan (yes).

Commissioner Herschend made a motion to approve 02B-001 for APAC to increase the
thickness of the asphalt which reduced the requirement for base rock for a credit in the amount of
$7,271.00. Commissioner Pennel seconded the motion. The motion passed by vote: Pennel
(yes), Herschend (yes), Strahan (yes).

Commissioner Herschend made a motion to approve the changing of the thickness for the
aluminum sheet metal for the cap flashing and trim from .050 to .040 for a credit in the amount
of $2,745.00. Commissioner Strahan seconded the motion. The motion passed by vote: Pennel
(yes), Strahan (yes), Herschend (yes).

Commissioner Strahan made a motion to approve a “time and material” change with
Kennedy Contractors for extending the communication conduits that came from the existing
Courthouse and terminating near the utility pole for an additional $476.49. Commissioner
Pennel seconded the motion. The motion passed by vote: Pennel (yes), Herschend (yes),
Strahan (yes).

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FRANK PRESTON AND TRESSA LUTTRELL
WORK SESSION

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

1. Airport Hangar: Ms. Luttrell informed the Commission that she received notification
from Mark Parent, Airport Manager that a resolution was needed for the banking
institution on the hangar project. Ms. Luttrell stated that the bank was requiring
additional paperwork as soon as one request is completed.

Commissioner Strahan made a motion that Counselor Paulson have the bank send the
county all the documents that are needed. Commissioner Herschend seconded the motion.
Counselor Paulson commented that there could be some added legal expenses. Commissioner
Herschend stated that he had expressed this to both Mr. Parent and to the Airport Board and they
said there would be no additional costs. The motion passed by vote: Pennel (yes), Herschend
(yes), Strahan (yes).

2. Fox Trail Road: Mr. Preston informed the Commission that he had received all but one
agreement regarding the scarifying and grading of the road and added that he would
continue working on the issue.

3. Tablerock Canyon Development: Mr. Preston noted that he was sent an entrance
application for the second or third entrance on 165 and with the Commission’s
permission he would approve said permit.

Commissioner Herschend asked if Mr. Preston needed to notify us when issuing permits.
Commissioner Strahan commented that he would just like to know. Mr. Preston added that he
typically wouldn’t do this but that this project is so big, he just wanted the Commission to be
aware.

Bob commented that Hollister had annexed the development and should take the road in
as well.

4. Board Appointments: Mr. Preston noted that Craig Trotter had resigned from the
Planning & Zoning board; however Carl Pride would like to switch from Board of
Adjustments to Planning.

Commissioner Strahan made a motion to switch Carl Pride to Planning & Zoning
effective June 1st. Commissioner Pennel seconded the motion. The motion passed by vote:
Pennel (yes), Herschend (no), Strahan (yes).

5. Planning & Zoning: Mr. Preston stated that there was still an opening in Planning &
Zoning since Kurt Larsen retired. Mr. Preston noted he was proposing to move everyone
up a division and hire a Division I position.

Commissioner Strahan commented that he would like to see the break down on everyone
before making a decision on that.

6. Road Vacations: Counselor Paulson noted that he could not get a hold of the landowners
regarding Quebec Road Vacation and all he needed was an original warranty deed.
Commissioner Pennel commented that he would go out there.

Commissioner Strahan stated that the Commission could not act on the Holiday Vacation
as there is one lot that was not contacted. Commissioner Strahan made a motion to table until
Randy Haes could get the additional signature. Motion passed by vote: Pennel (yes), Herschend
(yes), Strahan (yes).

7. Bypass Road: Mr. Preston informed the Commission that the new tin horn has been
installed which ended up being on County right-of-way. Mr. Preston added that they
were working on a written agreement but had a verbal at the time of construction.

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 TANEY COUNTY COMMISSION RECORD

8. Accounting System: Mr. Preston noted that previously he had discussed the accounting
system within the County but by no means wanted to stir the emotions that he caused.
Mr. Preston stated that he simply would like the capability for him or his staff to be able
to punch up a line item at any time and see what has been spent and with the information
that I receive on a monthly basis doesn’t give me that detail.

Mr. Preston added that he had asked Kathy Roberts to put all the information into
FileMakerPro since January 1st. Auditor Findley explained the difficulties with MAS90 and
several users and added that they needed to check with their vendor to get additional information
on MAS90 or MAS200.

9. Casey Road Payment: Ms. Luttrell indicated that she needed direction as to whether the
Commission would allow for the payment to Herion be made outside the normal
accounting process as they would like to have their check as soon as possible since there
was such a delay regarding the change orders.

Mr. Preston stated that he had spoken with Spencer Jones who will prepare the required
documentation tomorrow. Commissioner Pennel made a motion contingent upon the receipt of a
signed addendum by Herion, that a check would be written outside the normal process.
Commissioner Strahan seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (yes).

Minutes taken and typed by Tressa Luttrell.

MAY 15, 2008 21ST DAY OF
THE APRIL ADJOURN TERM

The County Commission met at 2:30 p.m. at the Hollister City Hall pursuant to adjourn
with Chuck Pennel, Presiding and Danny Strahan, Eastern Commissioner present and the
following proceedings were had and made a matter of record.

PARTNERS FOR PROGRESS

The County Commission attended the monthly Partners for Progress meeting to discuss
transportation needs within the County.

MAY 16, 2008 22nd DAY OF
THE APRIL ADJOURNED TERM

The County Commission met in the Commission Office at 9:15 a.m. pursuant to adjourn
with Chuck Pennel, Presiding and Danny Strahan, Eastern Commissioner present and the
following proceedings were had and made a matter of record.

AGENDA REVIEW

Commissioner Pennel proposed a change of moving Public Comment to the top of the
Agenda. Commissioner Strahan objected, as he would rather have approval of minutes and
routine business at the top of the agenda and move public comment to the end of the agenda
noting that he would prefer to take care of county business first.

Commissioner Pennel made a motion to move routine business to the top of the agenda.
Commissioner Strahan seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (absent), Strahan (yes).

Commissioner Strahan would like to take additional time to ponder over relocating public
comment to the top of the agenda.

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 TANEY COUNTY COMMISSION RECORD

RELAY FOR LIFE
BAKE SALE

Commissioner Strahan made a motion to allow the Relay for Life team to conduct a bake
sale in the courthouse hallway. Commissioner Pennel seconded the motion. The motion passed
by vote: Pennel (yes), Herschend (absent), Strahan (yes).

RECESS
9:55 a.m.

Minutes taken by Donna Neeley and typed by Nikki Lawrence.

MAY 19, 2008 23rd DAY OF
THE APRIL ADJOURNED TERM

The County Commission met in the Associate Circuit Courtroom at 10:02 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.

ACCOUNTS ALLOWED

Commissioner Strahan made a motion to approve accounts payable warrants #303717-
3037724 and 303748-303830. Commissioner Pennel seconded the motion. The motion passed
by vote: Pennel (yes), Herschend (abstain), Strahan (yes).

ALS BAKE SALES

Commissioner Herschend made a motion to approve the ALS Team to hold a Bake Sale
in the courthouse hallway. Commissioner Strahan seconded the motion. The motion passed by
vote: Pennel (yes), Herschend (yes), Strahan (yes).

PETITION FOR INCORPORATION OF VILLAGE

Commissioner Pennel commented that a Petition for Incorporation of Village of
Powersite Oak Hill was delivered to the Commission Office on Friday, May 16th by Donna
Neeley, County Clerk. Clerk Neeley stated that all signatures on the petition have been verified.

Commissioner Pennel asked Counselor Paulson if he had any comments regarding the
Petition. Counselor Paulson stated that he would need to review the petition.

Commissioner Herschend made a motion to table the request for the Petition for
Incorporation of the Village of Powersite, requesting that the Commission schedule a work
session to discuss what level of legal review we would like to have. Commissioner Pennel
seconded the motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

COMMISSIONER STRAHAN
ADDRESSING MR. SMITH’S CONCERN ABOUT SHERIFF’S DEPARTMENT
SALARIES

Commissioner Strahan stated that Mr. Smith commented about salary increases for the
Sheriff’s Department at last weeks meeting and added that the Commission agreed with and
supported a per diem factor of $37.50. Commissioner Strahan stated that he has a call into our
State Representative, Dennis Wood to see if there has been any new legislation passed regarding
this issue

Commissioner Pennel commented that when he attended the Legislative Partnership
Conference in Jefferson City last week, the consensus was to bring in more dollars for the
Sheriff’s Department.

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COUNSELOR PAULSON
NUISANCE/FILING FEE

Counselor Paulson requested approval for a filing fee on a nuisance case, along with
service fees. He stated that he needed two $35.00 checks for service fees and one $90.00 check
for the filing fee. Counselor Paulson commented that this particular nuisance case has been
ongoing for quite some time.

Commissioner Herschend made a motion to approve fees to move forward with this case.
Commissioner Pennel seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (yes).

COUNTY FUNDING TREATMENT OF INJURED ANIMALS

Counselor Paulson stated that he was asked by the Commission to give a legal opinion
on whether or not it was legal for the county to pick up and/or care for injured animals. He
stated that the county has a dog ordinance that was passed and the statutes permit us to do that
for the health and safety of the county. Counselor Paulson commented that his legal opinion was
that there is no law stating otherwise.

Commissioner Pennel referred back to a meeting that was held between the Commission
and the Humane Society, adding that at the meeting there were four individual offers made of
$500 each to help care for the animals. Commissioner Pennel proposed to move forward with
the issue.

Commissioner Herschend made a motion to deny because the county should not accept
private funds for the care of injured animals. Commissioner Strahan did not second, but noted
that the issue is much deeper than the offer, rather there needs to be a level of cooperation from
all parties involved for the treatment of animals.

Commissioner Herschend stated that he was informed that there was a Humane Society
donation jar set on the table at the Plumb Nellie Days, which Animal Control Employees, in
uniform, were working at. He also noted that it confused the public. Commissioner Pennel
stated that he was present at the Plumb Nellie Days and that it was not there. Commissioner
Strahan commented that he received a telephone call from a couple of citizens asking about the
Humane Society donation jar.

Commissioner Pennel made a motion to table this issue until a work session could be
scheduled. Commissioner Herschend seconded the motion. The motion passed by vote: Pennel
(yes), Herschend (yes), Strahan (yes).

COUNSELOR PAULSON
RESPONSE TO DISCUSSION PARTICIPATION QUESTION

Counselor Paulson stated that he was asked by the Commission to give his legal opinion
to a question raised by Mr. Schanz. He responded in the form of a letter and it read as follows:

I was asked to respond in writing to the question you posed at the County Commission meeting on
Monday, May 12, 2008. The question as I remember was substantially the following:

Is it legal/ethical for a County Commissioner accused of nepotism relating to the operation of Taney
County’s Animal Control Department to participate in discussions regarding the charges and in discussions
regarding animal control?

After reviewing applicable statutes and cases I can find no statutory or ethical provision that prevents
Presiding Commissioner Pennel from participating in discussions regarding the nepotism charges against
him or from discussing animal control issues.

I have found no authority for the County Commission to take any action regarding the allegations of
nepotism. I believe that the specific allegations have been discussed enough, and the matter should be left
to those with authority to act. The only relevance the allegations have to the County Commission is as
motivation to review the county’s hiring practices, including the use of volunteers in order to prevent the
occurrence of nepotism or discriminatory hiring or appointment practices in the county.

In conclusion, it is not productive for anyone to discuss the specific nepotism allegations in a county
commission meeting, however Commissioner Pennel may participate in any such discussion that does

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 TANEY COUNTY COMMISSION RECORD
occur. Further, Commissioner Pennel has a duty to participate in debate and actions regarding county
business such as the operation of animal control, unless he has some conflict of interest on a specific issue.

I hope you find this helpful. If you have any questions, please do not hesitate to call.

Commissioner Herschend thanked Counselor Paulson for his opinion.

JAMES STRAHAN, COUNTY ASSESSOR
CLOSING OF THE BOOK FOR 2008

James Strahan, County Assessor reported to the Commission that he had turned over the
2008 Book to the County Clerk’s Office on May 15th, per statute, where she placed her seal.

JAMES STRAHAN, COUNTY ASSESSOR
REPORT ON HOUSING FOR NEW CONSTRUCTION
James Strahan, County Assessor reported to the Commission that he had turned over the
New Construction Report to the County Clerk’s Office on May 16th, per statute, where she
placed her seal.

Assessor Strahan stated that inside the book are some points of interest that he thought
the Commission would want to know. The points of interest are as follows:

-Taney County’s housing industry is suffering
-Institutionally owned housing in 2006, was 58
-Institutionally owned housing in 2007, was 124
-Predicting the numbers of institutionally owned housing to at least double in 2008
-Reduced pricing
-6.73% increase, which attributed to the Branson Landing Project, Hilton & Retail
Space/Condos
-In 2007 there was a 4.88% increase
-A certain School District took a huge decrease in Personal Property
-The housing community has taken a huge hit in Taney County

Assessor Strahan commented how appreciative he was to all the staff and the IS
Department for all their hard work.

FRANK PRESTON,
ROAD AND BRIDGE SUPERINTENDENT

Frank Preston, Road and Bridge Superintendent, publicly commended Chris Berndt,
Emergency Management Director, for all his efforts during the flood.

PUBLIC COMMENT

Bob Schanz commented on the donation cup for Humane Society at the Animal Control
booth. Commissioner Pennel stated that he would be happy to answer any of Mr. Schanz’s
questions in the Commission Office after the meeting.

Art Beck stated that he noticed a problem with the curbing on the southeast corner of the
Judicial Center and asked who was going to be responsible.

EXECUTIVE SESSION

Commissioner Herschend made a motion to go into an Emergency Executive Session for
threatened litigation per section 610.021.1. Commissioner Strahan seconded the motion. The
motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

Commissioner Herschend made a motion to table till the county could get to a phone to
contact the individual. Commissioner Pennel seconded the motion. The motion passed by vote:
Pennel (yes), Herschend (yes), Strahan (yes).

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 TANEY COUNTY COMMISSION RECORD

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).

Minutes taken and typed by Nikki Lawrence.

RECONVENE
2:30 p.m.

Commissioner Herschend made a motion to go into executive session pursuant to RSMo.
610.021.1 in order to communicate the Commission’s decision to the appropriate individual
citizen. Commissioner Strahan seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (yes).

Commissioner Herschend moved that he would be comfortable in ordering 20 tons of 1”
clean from Tablerock Asphalt upon receiving a copy of Mr. Mike Sagato’s original receipt and
that Mr. Sagato is responsible for the delivery costs. Commissioner Pennel seconded the motion.
The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (no).

Commissioner Herschend 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).

FRANK PRESTON & TRESSA LUTTRELL
WORK SESSION

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

1. Judicial Facility: Ms. Luttrell informed the Commission that she was almost finished
with the furniture bids for the new Judicial Facility and would ask permission to allow
County Counsel to review prior to sending them out since there are a lot of legal issues
included in the invitation. The County Commission noted that it would be fine and asked
about a time line. Ms. Luttrell stated that as soon as she was completely finished she
would let them know and give a time line at that time. Ms. Luttrell further added that she
had already spoken with Counselor Paulson and he was aware that she was bringing it to
the Commission.

Mike Smith, Construction Manager informed the Commission that the bids for the
interior signs had been received and that the “Takeform” brand will be 12 weeks out.

Mr. Preston informed the Commission that there was 1,200 pair of line for the telephone
that would need to be moved for Shorty Cooper Street. Mr. Preston noted that he had received
an estimated cost of $15,000 to have those lines moved. Mr. Smith stated there was also a fiber
line right above the telephone line and suggested that if there was any way for the county to
move the contours of the road it would greatly benefit the county. Mr. Preston stated that he
would look at the layout of the road again.

2. Mowing: Mr. Preston noted that there had been several minor incidents with the mowing
crews, so he would be creating mowing maps that would show sharp drop offs or things
that are covered up in the tall grass. Mr. Preston added that this would ensure that the
mowing crew would have all the facts.
3. Fox Trail Road: Mr. Preston indicated that all property owners have been accounted for
and are in agreement of the new maintenance plan.

Commissioner Herschend made a motion to proceed with Fox Trail Road. Commissioner
Strahan seconded the motion. The motion passed by vote: Pennel (yes), Herschend (yes),
Strahan (yes).

4. New Sweeper: Mr. Preston informed the Commission that the new Sweeper had been
delivered and that he would like for 3 operators and a mechanic to be trained on the
machine. The training will not cost the county anything but noted that it was in Iowa.

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 TANEY COUNTY COMMISSION RECORD

Mr. Preston added that his intention was to send one each from the East, West, and the
Work Order Crew as well as a mechanic.

Commissioner Strahan made a motion to send 2 from the west side, 1 east, 1 work order
and a mechanic. Commissioner Herschend asked why they would send someone from the work
order crew. Mr. Preston noted that crew is working Fridays. Commissioner Herschend noted
that he would like for Mr. Preston to look at longevity before making a decision on who would
be going. Commissioner Pennel asked about sending a mechanic on each side. Commissioner
Herschend seconded the motion. The motion passed by vote: Pennel (yes), Herschend (yes),
Strahan (yes). Commissioner Herschend noted that the Commission should be informed of who
would be going and when.

5. Cemetery Roads: Mr. Preston requested direction as to whether the county does any prep
work on cemetery roads since the Memorial Weekend was approaching. Commissioner
Strahan noted they previously had been doing the roads to the cemeteries.

Commissioner Herschend made a motion that the county identify the active cemeteries in
the county and ensure that the public can get to them with minimal maintenance; county or
private. Commissioner Pennel questioned the term “active”. Commissioner Herschend
suggested that a list be compiled. Commissioner Strahan again noted that the road & bridge
employees know what ones have been done. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (yes).

6. Various Road updates: Mr. Preston gave the Commission updates on various road
projects within the County. One being Nolan Road. Commissioner Herschend
questioned that that road hadn’t been done yet and added that Steve Redford had
promised to get that road finished.

Mr. Preston commented that on Clevenger Cove Road there is a property owner where
the existing edge of the pavement is cutting into their property. Commissioner Herschend noted
that he would go look at the property with Mr. Preston.

Commissioner Herschend inquired to Range Road. Mr. Preston noted that they had not
been able to get out there yet. Commissioner Herschend stated that he would personally be
going out there to cut the fence out for 20 feet and roll it up to allow the property owner to have
access to his property.

Commissioner Herschend noted that there are 4-5 families on Foggy River Road that
have smelly sandbags that need to be disposed of. Mr. Preston asked if they should be going on
private property to remove them. Commissioner Herschend noted that he would like for it to be
done this week. Mr. Preston stated that he would need a hold harmless document prepared.
Counselor Paulson noted that he would have it available tomorrow as Mr. Preston had reminded
him a few times.

RECESS
5:03 p.m.

Minutes taken and typed by Tressa Luttrell.

MAY 20, 2008 24TH DAY OF
THE APRIL ADJOURN TERM

The County Commission met at the Hollister City Hall at 1:30 p.m. pursuant to adjourn
with all members present and the following proceedings were had and made a matter of record.

TANEY COUNTY REGIONAL
SEWER DISTRICT

The County Commission attended the Taney County Regional Sewer District Meeting to
hear updates on the Bee Creek and Ozark Beach projects as well as Clearwater Canyon and Echo
Hollow Estates projects.

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 TANEY COUNTY COMMISSION RECORD

Minutes typed by Tressa Luttrell.

MAY 21, 2008 THE 25TH DAY OF
THE APRIL ADJOURN TERM

The County Commission met in the Commission’s 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.

QUEBEC ROAD
VACATION

Commissioner Pennel made a motion to sign the Quebec Road documents.
Commissioner Strahan seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (yes).

JUDICIAL SIGNS

Commissioner Herschend made a motion to purchase the “Takeform” brand of interior
signs for the Judicial Facility and ask them to expedite the order. Commissioner Strahan
inquired if there was a price for expediting.

Commissioner Pennel made a motion to approve a not to exceed price of $9,467.10 for
interior signs. Commissioner Strahan asked if the Commission would consider equivalent to
“Takeform”.

Commissioner Pennel stated that the Commission needed to ask Sharp Signs if they can
get the signs quicker and do they have something that is equal. Commissioner Herschend noted
that they didn’t have the luxury of time.

Commissioner Herschend made a motion to award the “Takeform” to Sharp Signs and
ask them to look at anyway to expedite the order. Commissioner Strahan seconded the motion.
The motion passed by vote: Pennel (no), Herschend (yes), Strahan (yes).

Commissioner Herschend made a motion to table PR#48 regarding the building of the
monument with a cost of $10,630. Commissioner Strahan seconded the motion. The motion
passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

Commissioner Herschend made a motion to approve PR #47 regarding the exterior
signage for a credit in the amount of $3,577.00. Commissioner Pennel seconded the motion.
The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

JUDICIAL MISC.

Commissioner Herschend made a motion to approve PR#49 which changes the duct work
to allow for the placement of individual smoke detectors in the amount of $14,763.00.
Commissioner Strahan seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (yes).

The Commission all expressed their frustration in that the one who drew the plans didn’t
catch the mistake and is blaming it on someone else.

Mr. Smith presented PR #50 which extends the fencing around the generator, the tower
and the transformer in the amount of $2,155.00 noting that the fence will be 8’. Mr. Smith went
on to remind the Commission that in earlier discussions regarding the fence the Commission
discussed having road & bridge do the work.

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 TANEY COUNTY COMMISSION RECORD

Commissioner Herschend made a motion to ask Walton Construction to schedule with
Mr. Preston in regards to placing the fence. Commissioner Pennel seconded the motion. The
motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes). Road & Bridge will place
the white rock and weed bearer.

Mr. Smith presented PR #52 which would place bullet proof resistant glass in the walk up
windows of the Sheriff’s Office which was specified as security glass, not particularly “bullet
proof” but was in the drawings as SG1 in the amount of $3,986.00. Mr. Smith suggested only
replacing the 3 bottom windows not all 6.

Commissioner Herschend asked if this was one to ask for errors and omissions.
Commissioner Pennel stated that if it was specified…Commissioner Herschend noted that the
county should get the cost of what is already in there back as a credit. Mr. Smith noted that in
the drawings it was specified but in the specification book it wasn’t.

Commissioner Herschend made a motion to table until he could contact HMN and see if
they will reimburse.

Commissioner Strahan made a motion to approve PR #52 at a not to exceed cost of
$3,986.00 and to only replace the 3 bottom windows of the 6 as well as looking for
reimbursement from the Architect. Commissioner Pennel seconded the motion. The motion
passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

The Commission then went to the Judicial Facility site to review the driveway.

RECONVENE
12:53 p.m.

PRIOR MINUTES

Commissioner Strahan made a motion to approve prior Commission Minutes dated
5/2/08, 5/12/08, 5/15/08, 5/16/08 and 5/20/08 as corrected. Commissioner Herschend seconded
the motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

ANIMAL CONTROL
ADOPTIONS

Commissioner Pennel informed the Commission that an individual from the Engler Block
has requested Animal Control to bring an animal over that they could place in the store for
adoption. Commissioner Pennel added that the Humane Society has also made such a request.

Commissioner Pennel asked if it would be ok to have animals that are ready to be shipped
placed at those locations for adoption. Commissioner Strahan commented that he would want a
hold harmless document from Counsel just in case the animal would happen to bite someone.
Counselor Paulson noted that he would want to look at the liability if those animals are still in
the county’s custody.

Commissioner Pennel asked if they could come up with a plan where the animal is
adopted by the locations and should they be unsuccessful in adopting the animal, they could
bring it back without charge. Counselor Paulson noted that he didn’t see a problem with taking
the animal back for free. Commissioner Strahan commented that when they take the animal it’s
theirs.

Commissioner Herschend stated that he had a problem with going away from the
spay/neuter program. Commissioner Pennel suggested that the individuals pay the $65 and sign
the commitment but if they are unsuccessful they bring the animal back without a fee.
Commissioner Strahan asked if the animal would be spay/neutered. Commissioner Pennel noted
that they wouldn’t have to be.

Commissioner Pennel added that Animal Control has been to the RecPlex twice by
invitation as well as Plumb Nellie Days by invitation and wanted to know if it was ok to go
ahead with the request. Commissioner Herschend suggested treating the request similar to the
trash cleanup, but would like for the requests to come back before the Commission to talk about.

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Commissioner Pennel clarified, are you saying just bring each request to the Commission.
Commissioner Herschend stated yes. Commissioner Strahan noted that the employees going
would need to work out their schedule so as to not create overtime.

ANIMAL CONTROL
DONATION JAR

Commissioner Pennel clarified the question from Monday with the information that
Animal Control had a donation jar for the Humane Society at Plumb Nellie Days. Commissioner
Pennel presented the jar as well as a letter from Stephanie Mundell, Office Manager for the
facility which noted that the donation jar was for the Animal Control Facility and not the
Humane Society.

STAFFING CONCERNS
REGARDING BUDGET

Commissioner Herschend stated that he was concerned that the county is going to get to
September or October and not have enough funds to pay the staff of the Clerk’s Office.
Commissioner Herschend further requested that the County Clerk show the Commission who;
where she has staffing as compared to what was budgeted and forecast through the end of the
year in writing.

Clerk Neeley noted that she had just looked at the monthly budget report and that she was
in line with the other departments. She noted that she had 4 part time employees and would be
going to 3 part time positions. Clerk Neeley added that Stacey was leaving.

Commissioner Pennel stated he had a question in his mind when Ms. Neeley stated that
she had 6-7 employees. Clerk Neeley noted the part time employees were job sharing. Ms.
Luttrell asked if the part time employees were receiving benefits noting that should they reach
1,000 hours they are required to pay in 4% of their pay for CERF. Clerk Neeley stated that she
thought they were already taking out the 4%.

FOGGY RIVER ROAD
FLOOD DAMAGE

Commissioner Pennel noted that residents on Foggy River Road had been instructed to
stop any repair or remodeling until June 1st. Mr. Preston noted that there had been some
miscommunication. A discussion regarding what FEMA required and what the county process
was ensued.

Mr. Preston noted that FEMA representatives would be here at 3:00 to discuss the very
issue. The Commission encouraged Mr. Preston to obtain something in writing that could be
handed out to the citizens noting the requirements.

RECESS
2:22 p.m.

Minutes taken and typed by Tressa Luttrell.

MAY 22, 2008 26TH DAY OF
THE APRIL ADJOURN TERM

The County Commission met in the Commission Office pursuant to adjourn with all
members present and the following proceedings were had and made a matter of record.

MIKE SAGATO

Commissioner Herschend made a motion to rescind the offer of rock to Mr. Sagato.
Commissioner Strahan seconded the motion due to the conversation with Commissioner
Herschend on 6/20/08.

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A general discussion ensued. Commissioner Strahan rescinded his second. Motion failed
for a lack of a second.

The Commission noted that the agreement was to have the rock offer. Counselor Paulson
is to write a letter to Sagato giving him a 30 day window to pick up the rock.

HOLLISTER ANNEXATION

Commissioner Herschend informed the Commission that the annexation of county
property off Lakeshore Drive had passed 1st reading. He also stated that planned project was
outside Taney County guidelines and was pulled from Planning & Zoning which may be why
they are annexing. After discussion it was suggested that the County send a letter to the
developer asking them to come to Planning & Zoning to meet our requirements if they plan to
hook to our road or sewer projects.

RECONVENE
7:00 p.m.

PARK BOARD

Commissioner Pennel and Commissioner Strahan attended the monthly Park Board
meeting.

Minutes taken by Ron Herschend.

MAY 23, 2008 27TH DAY OF
THE APRIL ADJOURN TERM

The County Commission met in the Commission Office at 8:55 a.m. pursuant to adjourn
with all members present and the following proceedings were had and made a matter of record.

AGENDA REVIEW

Commissioner Strahan made a motion to approve agenda topics as reviewed.
Commissioner Pennel seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (yes).

ANIMAL CONTROL

Commissioner Pennel informed the Commission that the Humane Society was having a
grand opening and wanted Animal Control to bring a truckload of animals for adoption.

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

SHARON ENGELER
STORM WATER DAMAGE

The County Commission met with Sharon Engeler to discuss the storm water runoff
damage to her property. It was noted that this problem has arisen due to the subdivision above
her that was sold by meets/bounds as the Planning & Zoning Department did not approve the
final plat. Therefore, no bond was posted.

It was determined that the County would go out and look at the property again but would
be willing to place a grate in the road to channel the runoff.

RECESS
10:46 a.m.

Minutes taken and typed by Tressa Luttrell.

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 TANEY COUNTY COMMISSION RECORD

MAY 27, 2008 28th DAY OF
THE APRIL ADJOURNED TERM

The County Commission met in the Associate Circuit Courtroom at 9:02 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 Helen Soutee followed by the pledge.

ACCOUNTS ALLOWED

Commissioner Pennel made a motion to approve accounts payable warrants #303832-
303948 and manual warrants #4835-4837. Commissioner Herschend seconded the motion. The
motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

PRIOR MINUTES

Commissioner Strahan made a motion approve prior Commission Minutes dated 5/19/08,
5/21/08 and 5/22/08 as corrected. Commissioner Herschend seconded the motion. The motion
passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

MIKE SAGATO ISSUE

Commissioner Herschend reported last week to the Commission on Mike Sagato. He
stated that when he spoke with Mr. Sagato that he was very pleasant, but was unsure if he had
picked up his rock yet or not.

SEWER EXTENSION ISSUE

Commissioner Herschend was approached by citizens in the Bee Creek Basin concerned
about the deadline to get hooked up to the Bee Creek Sewer. He stated that the citizens were
given a certain amount of time to get hooked up to the sewer system without being charged by
the City of Branson. Commissioner Herschend commented that the City of Branson changed the
Addendum to the Amended Sewer Agreement allowing nine (9) months for citizens to become
hooked up to the sewer system.

Commissioner Pennel made a motion to approve the request for an extension.
Commissioner Herschend seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (yes).

PARK BOARD UPDATE

Commissioner Strahan stated that there was no quorum for the Park Board to meet, but
those present had a good discussion on several parks issues. He noted that there was still clean
up efforts going on at Bull Creek, the floor is poured and the poles are up at Bradleyville and the
Annual Firefighters Fund Raiser was held at Protem.

CAROL DAVIS, PUBLIC ADMINISTRATOR
NEW FEE FROM SHERIFF’S DEPARTMENT

Carol Davis, Public Administrator, stated that she had received an invoice from the
Sheriff’s Department for transport service fees. She questioned what budget line this would need
to come out of because these fees were never figured into her overall budget.

A general discussion ensued. Sheriff Russell commented that in the past the Sheriff’s
Department was not transporting for the Public Administrator, but now it seems to be occurring
more and more. Commissioner Herschend suggested to Ms. Davis that because the Sheriff’s
Department is covering the time it takes to transport, then she needs to cover the meals and/or
fuel during the transport. He also requested for Ms. Davis to get an estimate on how much she
will need to be put into a budget line item to pay the transport fee.

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PUBLIC COMMENT

Mr. Art Beck commented on the curbing issue on the southeast corner of the Judicial
Center that he discussed at last Monday’s meeting. Commissioner Strahan stated that there are
some options that the Commission is considering.

RECESS
9:31 a.m.

Minutes taken and typed by Nikki Lawrence.

MAY 28, 2008 29TH DAY OF
THE APRIL ADJOURN TERM

The County Commission met in the Commission Office at 3:00 p.m. pursuant to adjourn
with all members present and the following proceedings were had and made a matter of record.

PAYROLL

Commissioner Herschend made a motion to approve payroll warrants:

General County Revenue #104367 through #104368, #104399 through #104420

Road & Bridge #104370 through #104393

Assessment Fund #104369, #104394 through #104395

Transfer Station #104396 through #104398

Accounts Payable warrants #303949 through #303954, manual warrants #4838, #4839

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

CASEY ROAD
PHASE 2

Spencer Jones and Dave Lundstrom from Great River Engineering presented the
Commission with a layout of the Casey Road Project – Phase 2 noting the areas that had been
tested for road stabilization.

Mr. Jones noted that on the south side they found a lot of yellow clay where on the north
side of the road they found suitable material. At the location of 125 and 129 the estimate for
using shot rock was approximately $232,500 and should they use the geo-tech grid it was
estimated at $255,750.

Commissioner Herschend asked if the county shouldn’t just buy easements and place
ditching rather than curb and gutter to save money. Mr. Jones noted that the storm water drains
are already in place down to the Degraffenreid property. Mr. Jones then informed the
Commission that down by Casey Glen Road there is a 700 foot stretch that would need
stabilization as well. The shot rock would be approximately $120,555 and the geo-tech grid at
$132,605. In that the situation at this location is due to ground water.

A general discussion regarding options ensued. Mr. Jones noted that when the project
was handed to Great River the project was already defined, however they were not afraid to go
back and look at the concept noting that time is of the essence. Frank Preston, Road
Superintendent asked how much money has already been spent on the drains. Mr. Lundstrom
noted $175,000.

Mr. Lundstrom noted that the Contractor has requested to hold off on the final coat until
the project is finished. Commissioner Herschend stated that that makes sense. Commissioner

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Strahan noted that the county has told the community it would be done and he would like to stick
with what the public has been told.

JUDICIAL ISSUES

Mike Smith with Septagon Construction informed the Commission that Sharp Signs, who
bid on the interior signage, found out that the price he was given to bid on the signs was at
wholesale and when he called to see about expediting the order, they informed him that since he
was not the original designer quoting the project, he would have to pay retail.

Commissioner Herschend added that since he was not the registered company for the
project that the pricing went up 40%, there is no bid bond to hold him. Herschend requested that
Walton Construction get the Commission some sign samples so the Commission can choose one.
Commissioner Pennel noted that he would still like to give our local company an option.

Mr. Smith noted that some money would need to be transferred within the budget to
cover general conditions. Commissioner Herschend made a motion to transfer $100,000 from
construction contingency to the general conditions line. Commissioner Strahan seconded the
motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

BRENT BLEVINS
INGENTHRON ROAD

Brent Blevins met with the Commission to request the Commission to maintain the road
that was determined to be a public road known as 160-90 through the court case. Should the
county not, what would be the legalities of doing anything to the road personally, or possibly
offsetting the cost to the county some.

Commissioner Strahan stated that he would like to see if nothing else the county clear the
timber throughout the project. Mr. Strahan further noted that he had spoken with Mr. Brown
who would be willing to vacate that portion of the road and move it over to create a buffer zone.
Mr. Blevins noted that the property has sold within the last few weeks.

Commissioner Herschend asked Mr. Preston what his feelings were taking the road in as
a Class VI. Mr. Preston noted that he works for the Commission and would do what was asked
but questioned what had changed since the last meeting. Commissioner Herschend stated that he
had asked Mr. Blevins what the judge said and the judge said it was a county road.

Commissioner Pennel asked how long had it been since the county or the special road
district had worked on the road. Counselor Paulson noted that it was probably in the 70’s. The
statute says that you have to have complete non-use to be abandoned and there is no evidence of
that. Commissioner Pennel asked if there was any evidence that it was a county road. Counselor
Paulson stated that the county received CART funds which would indicate yes.

Commissioner Strahan made a motion to extend the road past Mr. Blevins house to the
section line and not turn back towards Mr. Blevins house as a class VI. Commissioner
Herschend seconded the motion.

Commissioner Herschend noted that Mr. Blevins has made an offer to bring up to a class
VI. Mr. Preston asked if the road bed would be kept to the same standard. Commissioner
Strahan commented that at the time of the judgment, Mr. Preston had indicated a $10,000 cost
and asked if that was accurate. Mr. Blevins noted that he believed it was $4-6,000.

Commissioner Herschend noted that he would encourage at least a 16 foot road.
Commissioner Strahan asked if they were talking about driving surface. Commissioner
Herschend noted yes. Commissioner Strahan commented that the county has a 40’ easement
determined by the judge.

Commissioner Pennel noted that he was very uncomfortable with the motion and the
consideration. Commissioner Pennel added that they had agreed to use the County Counselor’s
time which is how we received a judgment. Commissioner Pennel stated that he feels if the
county spends county funds to one residence; which is what it looks like noting that the county

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hasn’t done this before. Commissioner Pennel further noted that he had been out there and
granted someone has been traveling through there but didn’t see spending county dollars on it.

Commissioner Strahan withdrew his motion and made a motion to do Ingenthron Road
all the way through. Commission Herschend seconded the motion.

Commissioner Herschend noted that he has asked Counsel regarding several roads and
we stopped pursuing before it went to litigation, this one clearly needed litigation which is why
we used our county counsel. Commissioner Strahan called for the vote. The motion failed by
vote: Pennel (no), Herschend (no), Strahan (yes).

Commissioner Herschend stated that Commissioner Strahan called for a vote without any
consideration for Mr. Blevins’ offer. Commissioner Herschend asked if Mr. Blevins would be
willing to pay $2,500 for the cost of the rock. Mr. Blevins stated yes.

Commissioner Herschend made a motion to direct Mr. Preston to begin maintenance
again of county road Ingenthron Lane from Highway 160 to Highway “H” and that we accept
Mr. Blevins’ offer for 2,500 for rock from chip and seal Ingenthron portion and not to exceed the
current driveway, the rest is the county’s responsibility. Commissioner Strahan seconded the
motion.

Commissioner Pennel asked if either Commissioner had driven the road. Commissioner
Herschend noted that it had been 18 months. Commissioner Strahan stated that he had not but
knew that the County had expended funds.

Commissioner Herschend stated that he would like for Mr. Preston to report back to the
Commission and to Mr. Blevins as to when the crews could get to the road. Commissioner
Pennel asked Mr. Preston if they were keeping records for the cost of the maintenance on each
road. Mr. Preston indicated yes. Commissioner Pennel asked the Commission should this
motion pass, will the county be establishing precedence for a judge. Commissioner Herschend
noted that in the 7 ½ years it has only happened twice so there is already precedence. The
motion passed by vote: Pennel (no), Herschend (yes), Strahan (yes).

Counselor Paulson noted that it was established as a public road and added that it would
be wise to have it surveyed. Commissioner Herschend stated his point was that a judge has said
where the road is on a certain date and he would not make it a prerequisite on this one.
Commissioner Pennel questioned if that is what it said and asked if they were saying that the
property owners would not be responsible for the survey, it’s where the road lays.
Commissioner Herschend noted that if they were to move the road it would be just like any other
road and added that the county wouldn’t need Mr. Blevins’ money until the job is complete.

Mr. Preston stated he had concerns regarding the narrow area and the time allotted for the
project. If we were to go ahead and make the road smooth prior to the building of the 16’
driving surface. Commissioner Strahan stated Mr. Preston was the Road Superintendent, he
would make the decision. Commissioner Herschend disagreed questioning how much material
would be lost when they came back to build the 16’ and added that he would like for Mr. Preston
to come back with a plan.

FRANK PRESTON
JOB TITLE

Ms. Luttrell noted that a recent issue had arisen regarding Mr. Preston’s title. Ms.
Luttrell stated she could not find where the Commission had changed it, however there are a few
that think it has been changed so she would like some clarification.

Commissioner Herschend made a motion to give the title of County Operations
Administrator to Mr. Preston as defined in the document he has presented. Commissioner
Pennel stated he was not ready to make that change and made a motion to table the issue.
Commissioner Strahan echoed that he also was not ready and seconded the motion to table.

Commissioner Herschend stated he would like a time table for which a decision would be
made. Commissioner Pennel noted that there were reasons that he was not ready to make the
change and added if Mr. Preston is spending 40% of his time away from road & bridge we need

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to look at it. Commissioner Herschend asked how much information Mr. Pennel needed to make
a decision. Commissioner Pennel withdrew his motion.

MARSHA LAY
AGREEMENT

Commissioner Herschend made a motion to approve the agreement between Marsha Lay
and the County to address the storm water issue as the only and final offer for Ms. Lay.
Commissioner Pennel seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (yes).

OZARK MOUNTAIN HELICOPTERS

Commissioner Herschend made a motion to approve the billboard lease agreements with
Ozark Mountain Helicopters. Commissioner Strahan seconded the motion. The motion passed
by vote: Pennel (yes), Herschend (yes), Strahan (yes).

WIDE FORMAT PLOTTER
BID

Commissioner Pennel made a motion to approve the bid for a wide format plotter to
Missouri Document Solutions as recommended by Recorder, Bob Dixon. Commissioner
Herschend seconded the motion. The motion passed by vote: Pennel (yes), Herschend (yes),
Strahan (yes).

HANGAR FUNDING
ADDITIONAL DOCUMENTS

Ms. Luttrell reported that Mark Parent, Airport Manager had telephoned and was still in
need of a resolution/ordinance noting that the county has the ability to borrow money. Ms.
Luttrell stated she had informed Mr. Parent of the previous discussion which he commented that
he was not aware of.

Commissioner Herschend stated that the county is not holding up anything on this
project. Ms. Luttrell noted that according to Mr. Parent, the proposal submitted by the bank
required this documentation and suggested that the Commission might just want to have Mr.
Parent come to discuss the issue. The Commission suggested that a work session with Mr.
Parent, the Chairman of the Airport Board as well as a decision maker for the bank be scheduled.

COUNTY CLERK
PAYROLL ISSUE

Commissioner Pennel commented that he had been made aware through the Auditors
Office that Clerk Neeley has requested to give one of her part time employee’s benefits. Clerk
Neeley noted that she had spoken with Auditor Findley and since both the husband and wife will
be employed with me, they would be speaking with Dixie Wagner, Benefits Coordinator to
determine the best route for them.

Commissioner Herschend suggested that they not do that until Clerk Neeley presents her
plan, in writing, as requested. Clerk Neeley noted that she had prepared it and would present it
the following Wednesday. Clerk Neeley verbally noted that she will be transferring funds from
her Election Fund accounts contingency.

Commissioner Strahan made a motion to table the issue. Commissioner Pennel seconded
the motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

RECESS
5:50 p.m.

Minutes taken and typed by Tressa Luttrell.

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 TANEY COUNTY COMMISSION RECORD

MAY 29, 2008 30TH DAY OF
THE APRIL ADJOURN TERM

The County Commission met in the Commission Office at approximately 10:00 pursuant
to adjourn with Chuck Pennel, Presiding and Ron Herschend, Western Commissioner present
and the following proceedings were had and made a matter of record.

SHOP TALK

The County Commission attended the weekly shop talk with the Road & Bridge
Department to discuss various road issues.

CORPS OF ENGINEERS
LAKE UPDATE

Commissioner Pennel and Commissioner Herschend attended a meeting at 1:00 p.m. at
the Tablerock Dam with the Corps of Engineers to get an update of the lake issues.

MAY 30, 2008 31ST DAY OF
THE APRIL ADJOURN TERM

The County Commission met at the Septagon Office at approximately 2:00 p.m. pursuant
to adjourn with Chuck Pennel, Presiding and Ron Herschend, Western Commissioner present
and Danny Strahan, Eastern Commissioner via telephone and the following proceedings were
had and made a matter of record.

JUDICIAL ISSUES

The County Commission discussed the location, size and format of the Judicial Facility
Signs on the Highway 160 side of the building.

Commissioner Herschend made a motion to pay the total amount of $40,000 towards the
locks and since they didn’t add their 4% to the invoice, the county will not hold out the retainage
portion. Commissioner Strahan seconded the motion. The motion passed.

Commissioner Herschend made a motion to amend #02A-003 to the amount of 716.90
for Kennedy Construction on the additional cost of the rock. Commissioner Strahan seconded
the motion. The motion passed.

Minutes taken and typed by Tressa Luttrell.

JUNE 2, 2008 32ND DAY OF
THE APRIL ADJOURN TERM

The County Commission met in the Associate Circuit II 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 Rick Findley, followed by the pledge.

ACCOUNTS ALLOWED

Commissioner Pennel made a motion to approve accounts payable warrants #303955
through #304041. Commissioner Herschend seconded the motion. The motion passed by vote:
Pennel (yes), Herschend (yes), Strahan (yes).

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PRIOR MINUTES

Commissioner Strahan made a motion to approve prior Commission Minutes dated 5/23,
5/27, 5/28, 5/29 and 5/30/08. Commissioner Herschend seconded the motion. The motion
passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

PUBLIC COMMENT

Commissioner Herschend reported that the Corps of Engineer had given a presentation
regarding the recent flooding and the plan to lower the lakes.

Gary Groman commented that his leaders have been reactive rather than proactive when
it comes to the flooding problems and the Corps of Engineers and suggested that the
Commission should work to get the plan changed.

RECESS
9:30 a.m.

EXECUTIVE SESSION

Commissioner Herschend made a motion to go into executive session pursuant to
RSMo.610.021.1. Commissioner Strahan 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 made a motion to go out of executive session. The motion passed by vote: Pennel
(yes), Herschend (yes), Strahan (yes).

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

RECONVENE
10:16 a.m.

CLEVENGER COVE ROAD
PETITION

Commissioner Herschend read the following petition: Clevenger Cove Road, “P”
Highway from old sign past Fuzzy Bunny. Randy Haes, Road Coordinator presented an aerial
photo. Frank Preston, Road Superintendent read the road review.

Commissioner Strahan made a motion to deny the petition for the lack of easements.
Commissioner Pennel noted that he had questioned the same thing but after speaking with Mr.
Haes, I would like to go ahead and do it contingent upon. Motion died for a lack of a second.

After a general discussion, Commissioner Herschend made a motion to approve the
petition as a Class 5 contingent upon the petitioner getting 10’ dedicated right-of-way and that
we add the needed culverts as consistent with our past policies. Commissioner Strahan seconded
the motion.

Commissioner Herschend noted that because of the emergency situation with the
floodwater, that Mr. Haes surpass the policy and help with the easements. The motion passed by
vote: Pennel (yes), Herschend (yes), Strahan (yes).

RECESS
10:38 a.m.

RECONVENE
1:07 p.m.

The County Commission reconvenes in the Commission Office with Chuck Pennel,
Presiding and Danny Strahan, Eastern Commissioner present.

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HANGAR FUNDING
WORK SESSION

Representatives from Regions Bank, Mark Parent, Airport Manager and the County
Commission worked through issues regarding the recent bid for funding the Airport Hangar
Project. It was noted that the Taney County Airport is not a separate entity thus does not have
any borrowing capabilities.

Attorney, Harry Styron noted that an independent attorney, paid by the county, would
have to say that the bonds are ok as this is an unusual type of funding. Mr. Styron added that
there would have to be an appropriation on an annual basis, if not, the county would not have the
use of the building.

Commissioner Pennel asked if Mr. Styron saw anything to cause the county not to build.
Mr. Styron stated not from a lenders point of view. Mr. Parent commented then that it would
require the County Counsel to be involved as well. Counselor Paulson stated yes and the bond
counsel.

Mr. Styron added that the County Counselor would have to give the county an opinion
regarding the following of the open meeting law, bidding etc. A discussion regarding the time
frame ensued.

Mr. Styron also noted that the bank should have the opportunity to take another look at
the issue for the pledges for payment. Commissioner Pennel asked if the airport board knew
what was coming down. Mr. Parent commented that what he had just heard did not concern him,
the structure of this procedure is for someone other than me.

Commissioner Strahan made a motion to have Counselor Paulson contact Gilmore & Bell
and pursue dates, costs and any foreseen roadblocks. Commissioner Pennel seconded the
motion. The motion passed by vote: Pennel (yes), Herschend (absent), Strahan (yes).

ROUND HILL, SHADOW LAKE, SHADOW DRIVE
MESQUITE DRIVE
FRED SCARBRO

Fred Scarbro met with the Commission to discuss the petition to establish a county road
on Round Hill, Shadow Lake, Shadow Drive and Mesquite Drive noting that the homeowners
association was put in an undue hardship as the developer did not finish what he was suppose to
do. Commissioner Pennel noted that it’s his understanding that just because a developer gets
through the Planning & Zoning process, there is no commitment that road & bridge will take
over those roads.

Mr. Scarbro asked that the Commission table the petition to allow the homeowners
association to try and fix the roads. Commissioner Pennel added that he felt the county should
identify the issues.

Commissioner Strahan made a motion to table the petition until the homeowners can
come back with more information or have made some progress. Commissioner Pennel seconded
the motion. The motion passed by vote: Pennel (yes), Herschend (absent), Strahan (yes).

FRANK PRESTON & TRESSA LUTTRELL
WORK SESSION

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

1. FEMA Reimbursement: Mr. Preston noted that FEMA would be here within two weeks
to start working on Taney County’s reimbursement. Commissioner Strahan commented
that the County should request for a 3-4” cap on the roads being covered by FEMA.

2. SMACOG: Mr. Preston stated that he had recently attended a SMACOG meeting and
noted that he felt the county should be represented as there are various funding

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opportunities. Commissioner Pennel suggested Mr. Preston and a Commissioner should
attend.

3. Nolan Road: Mr. Preston brought up the Nolan road issue. Commissioner Pennel stated
that Mr. Preston should contact MPI, Steve Redford, and see if they might have let it slip
their minds.

4. Rec Plex: Mr. Preston presented information regarding membership to the Rec Plex for
county employees.

5. Casey Road: Mr. Preston read a letter from Herion Construction noting their
recommendation regarding the overlay of Casey Road.

6. Scrap Metal: Mr. Preston stated that while cleaning up the barns, the crews got rid of
scrap metal that was just lying around which brought $458.00. Mr. Preston asked if those
funds needed to be turned in or could they use them for a road & bridge barbeque. Mr.
Preston was instructed to turn the funds into the treasurer as the county has an annual
event for the employees.

7. Internet Service: Mr. Preston presented information regarding the placement of a DSL at
both the east and west road barns which will help tremendously with weather watching
during snow and ice storms and better contact with the administrative office. The
Commission agreed for Mr. Preston to check further on the pricing of the DSL verses
networking the barns but would like for Mr. Preston to come back before the expenditure
of funds.

8. Range Road: Mr. Preston stated that himself and Commissioner Strahan had recently
went to Range road and spoke with the landowner regarding the widening of the road.
Commissioner Pennel noted that since this is such a controversial issue that he would like
to go look at it with Mr. Preston.

9. Minimum Flow Roads: Commissioner Pennel brought up the issue of those roads
affected by the minimum flow. Mr. Preston noted that Great River Engineering was
working on Slough Hollow road, but that that was the only one. Commissioner Pennel
stated that he would make contact with Mike Biggs as he thought figures should have
been sent in months ago.

RECESS
3:23 p.m.

RECONVENE
3:29 p.m.

10. Mining Permit: Ms. Luttrell presented the Commission with the notice regarding the
mining permit for Russell Cook and asked if the Commission had any problem with said
notice. The Commission had no objections.

11. Journal Entries: Ms. Luttrell noted that some adjustments had been made on the journal
entries presented previously and asked what other information the Commission would
like before approval. The Commission indicated that they would look through all of
them similar to accounts payable.

RECESS
4:09 p.m.

EXECUTIVE SESSION

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

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 TANEY COUNTY COMMISSION RECORD

Commissioner Pennel made a motion to increase Bob Paulson to 70, 520 effective the
next pay period. Commissioner Strahan seconded the motion. The motion passed by vote:
Pennel (yes), Herschend (absent), Strahan (yes).

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

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

Commissioner Pennel made a motion to rescind his motion until Commissioner
Herschend could be in attendance. Commissioner Strahan seconded the motion. The motion
passed by vote: Pennel (yes), Herschend (absent), Strahan (yes).

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

Minutes taken and typed by Tressa Luttrell.

JUNE 3, 2008 33RD DAY OF
THE APRIL ADJOURN TERM

The County Commission met at the Hollister City Hall at 1:30 p.m. pursuant to adjourn
with all members present and the following proceedings were had and made a matter of record.

SEWER DISTRICT

The County Commission attended the Taney County Regional Sewer District Meeting to
hear updates regarding the Bee Creek and the Ozark Beach projects.

JUNE 4, 2008 34TH DAY OF
THE APRIL ADJOURN TERM

The County Commission met in the Commission Office at 9:02 a.m. pursuant to adjourn
with Chuck Pennel, Presiding and Danny Strahan, Eastern Commissioner present and the
following proceedings were had and made a matter of record.

PRIOR MINUTES

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

COUNTY CLERK
PAYROLL ISSUE

The County Commission met with the County Clerk to discuss their recent request of the
Clerk regarding her budget. Clerk Neeley presented the Commission with a plan for the staff in
her office as well as the transferring of funds from her Elections (400) account.

Commissioner Herschend entered the meeting at 9:20 a.m.

Commissioner Pennel asked Clerk Neeley what she was expecting from the Commission
for the next years budget since she has more staff that budgeted. Clerk Neeley stated she would

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 TANEY COUNTY COMMISSION RECORD

be asking for the Commission to keep all her staff. Clerk Neeley explained that if she could have
found a part time person to fill the opening she would have, but filled it with a full time person.
Should the Commission not approve the next years budget, Clerk Neeley would have to let one
of the part time staff go.

Commissioner Herschend expressed his concern with the document that was presented
which shows that Clerk Neeley would be over her budgeted salary expenditures by $25,000.00,
and should this continue there will not be the funds in the Election (400) account to repay
$25,000. Clerk Neeley stated she already has the staff and was going to ask the Commission to
keep them.

Commissioner Strahan commented he felt Clerk Neeley got the cart before the horse.
This issue should have been brought to the Commission prior to the hiring of a full time
employee. Commissioner Strahan added that they have a responsibility to themselves to make
this work out dollar and cents wise.

A general discussion regarding the overage for 2008’s budget ensued. Commissioner
Herschend requested that Clerk Neeley transfer funds from the Election (400) account to offset
the labor costs in General County Revenue as it is not fair that someone individually creates a
problem for the rest of the budget.

UNIFORM BID

Commissioner Strahan made a motion to approve the Uniform Bid as submitted by
Cintas. Commissioner Herschend seconded the motion.

Commissioner Herschend requested a little more time to work out a real life scenario in
order to compare apples to apples. Commissioner Herschend made a motion table the decision
until later in the meeting. Commissioner Pennel seconded the motion. The motion passed by
vote: Pennel (yes), Herschend (yes), Strahan (yes).

HEAVY EQUIPMENT REPAIR BID

Tressa Luttrell, County Administrator explained that this bid arrived due to a purchase
request of over $10,000 needed for a motor rebuild. So a bid was sent out to try and get the
companies to give us firm pricing for a year to cover any repair work needing to be completed
that is not already covered by warranty.

After a brief discussion Commissioner Pennel commended Ms. Luttrell and Mr. Preston
for what they were trying to get accomplished with this bid but made a motion to reject the bids.
Commissioner Herschend seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (yes).

UNIFORM BID

Commissioner Herschend made a motion to take off the tabled motion. Commissioner
Pennel seconded the motion. The motion passed by vote: Pennel (yes), Herschend (yes),
Strahan (yes).

The motion passed to award to Cintas by vote: Pennel (yes), Herschend (yes), Strahan
(yes).

ROAD MATERIALS BID

Commissioner Strahan made a motion to accept all bids for road materials and proceed
with the same arrangements as previous years. Commissioner Pennel seconded the motion. The
motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

TWIN CABINET BID

Commissioner Herschend made a motion to table said bid until later. Commissioner
Pennel seconded the motion. The motion passed by vote: Pennel (yes), Herschend (yes),
Strahan (yes).

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RECESS
10:49 a.m.

RECONVENE
10:57 a.m.

PRESBYTERIAN CHURCH
PARKING LOT

The County Commission took up the issue to the Presbyterian Church Parking Lot. Mr.
Preston read the initial letter requesting the work and asked what does the county really want to
offer for the value that we received. Commissioner Strahan noted that he was in favor of
overlaying the lot but not for maintaining the lot for any period of time. Commissioner Pennel
concurred.

Commissioner Herschend noted that they needed to be careful on wear and tear
maintenance, and added if the county repairs the church parking lot, does the county need to
repair main street where the trucks came through. Commissioner Strahan pointed out that the
employees from construction of the new jail did use it for parking.

Commissioner Strahan made a motion to table until the pastor is available to discuss the
issue. Commissioner Herschend seconded the motion. The motion passed by vote: Pennel
(yes), Herschend (yes), Strahan (yes).

PARKING ORDINANCE

Commissioner Pennel made a motion to approve the Parking Ordinance. Commissioner
Herschend seconded the motion. Counselor Paulson noted that it still needed a few changes.
Commissioner Pennel withdrew his motion and asked that it be placed on the agenda for a public
hearing.

RECESS
11:41 a.m.

RECONVENE
12:56 a.m.

FRANK PRESTON’S TITLE

Commissioner Herschend made a motion to title Frank Preston’s position as
recommended by Mr. Preston as the County Operations Administrator. Commissioner Pennel
stated he had some questions and question an earlier statement from Mr. Preston noting that 40%
of his time was being spent in Planning rather than in Road & Bridge which concerned him.

Mr. Preston stated he had done some calculating and that the percentage is closer to 12.
Commissioner Pennel asked what other than Planning is included in that 12%. Mr. Preston
noted nothing. Commissioner Pennel asked if Mr. Preston thought he was still needed in that
department. Mr. Preston commented that he would ask that the Commission ask the department.
I am their point of contact and do interpretation of the code book which comes to about 6-8 hours
in an 80 hour time frame.

Commissioner Strahan pointed out what he thought the Commission’s expectations were
but didn’t see Mr. Preston doing as much as he has been in reviewing or in the field.
Commissioner Strahan added that he didn’t want anything interfering with road & bridge. Mr.
Preston stated his number one job is road & bridge and didn’t see himself committing to
anymore as he didn’t have the time. Commissioner Strahan commented that it was Mr. Preston’s
organizational skills that he was hired for.

Mr. Preston commented that people in the public are calling him a lot of different things
and wanted to finalize the title. Commissioner Strahan noted that’s where he has the problem as
Mr. Preston was not over the operations of the county, only two departments. With that title
people would look to you for answers in areas that you don’t have anything to do with.

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 TANEY COUNTY COMMISSION RECORD

Commissioner Pennel made a motion to leave the title as Road & Bridge Superintendent
then amended to Administrator. Motion died.

Commissioner Herschend made a motion to make it Road & Bridge Administrator.
Commissioner Pennel seconded the motion. Commissioner Herschend noted that he didn’t think
it accurately reflected what the Commission was asking him to do. The motion did not pass:
Pennel (yes), Herschend (no), Strahan (abstain).

EXECUTIVE SESSION

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

Commissioner Pennel made a motion to increase Bob Paulson’s salary to $70,520.00.
Commissioner Strahan seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (no), 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).

NUISANCE CASES

Commissioner Strahan made a motion to table the discussion on nuisance cases.
Commissioner Pennel seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (abstain), Strahan (yes).

FUTURE ROAD PLANS

A roundtable discussion regarding a road classification boundary map as well as the
process for future road plans was had. Mr. Preston will be submitting the future list to the
Commission once the process is complete.

AMEND AGENDA

Commissioner Pennel made a motion to amend the agenda and move the Casey Road
issue up. Commissioner Herschend seconded the motion. The motion passed by vote: Pennel
(yes), Herschend (yes), Strahan (yes).

CASEY ROAD

The County Commission met with Spencer Jones from Great River Engineering to
discuss phase two of the Casey Road project.

Mr. Jones commented on what they could do to salvage the pavement and using open
ditches, noting the improvements to private property would be more significant as well as there
being a cost to remove the existing storm water system. Mr. Jones added that Herion would not
warranty the work if the county requested to go in and use the existing pavement and would want
a release from the county. Mr. Preston commented that Herion does not want their name
associated with the project if not done to normal construction practices.

Commissioner Herschend noted that his comments could not be made in open session
and would like to go into executive session.

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

Commissioner Herschend 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).

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

The Commission requested the Clerk research the minutes for any discussions with the
public regarding Casey Road and come back.

EXECUTIVE SESSION

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

Commissioner Strahan made a motion to utilize Gilmore and Bell for the Hangar Funding
project. Commissioner Herschend seconded the motion. The motion passed by vote: Pennel
(yes), Herschend (yes), Strahan (yes).

Commissioner Pennel 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).

CASEY ROAD
CONTINUED

Commissioner Pennel made a motion to instruct Herion to go forward with Phase 2 of the
project as the engineered. Commissioner Strahan seconded the motion. The motion passed by
vote: Pennel (yes), Herschend (no), Strahan (yes).

RECESS
4:26 p.m.

Minutes taken and typed by Tressa Luttrell.

JUNE 9, 2008 35th DAY OF
THE APRIL ADJOURNED TERM

The County Commission met in the Associate Circuit Courtroom at 9:03 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 Gary Groman followed by the pledge.

ACCOUNTS ALLOWED

Commissioner Strahan made a motion to approve accounts payable warrants #304042-
304164 and manual warrants #4842-4844. Commissioner Herschend seconded the motion. The
motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

ADDITIONAL JUDICIAL CABLING

Gary Morgan, Information Systems Administrator, explained that there were some
excessive amounts on the judicial OSCA cabling bid and that the job estimate was $15,000. He
asked the Commission for approval of the bid, but not to exceed $15, 100.

Commissioner Strahan stated he had understood the OSCA cabling bid was the state’s
responsibility. Commissioner Herschend made a motion to approve the bid, but not to exceed
$15,100 in order to move forward and volunteered to go back to the state with Mrs. Neal to find
out why the county is paying for the work.

Counselor Paulson stated the county would have to pay the bid regardless if the state
reimburses the county. Auditor Findley stated he understood the bid was also the responsibility
of the state. Commissioner Strahan suggested paying the bid under protest. Sheriff Russell

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suggested checking with other counties who have constructed new judicial facilities.
Commissioner Pennel seconded the motion and asked Sheriff Russell and Auditor Findley to
make a conference call to Jefferson City to inquire about the bid then report back to the
Commission. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

Commissioner Pennel made a motion to table any other action needed until 3 p.m. today
to allow Mr. Morgan to speak to Auditor Findley and Sheriff Russell after their conference call
to Jefferson City. Commissioner Herschend seconded the motion. The motion passed by vote:
Pennel (yes), Herschend (yes), Strahan (yes).

BENEFIT EVENT REQUESTS

Commissioner Pennel stated he had received a request for a bake sale for the ALS
Association to be held on June 13th and a request for an event for Tim and Joy Gilzow.
Commissioner Pennel made a motion to approve the bake sale. Commissioner Herschend
seconded the motion with discussion. The motion passed by vote: Pennel (yes), Herschend
(yes), Strahan (yes).

Commissioner Pennel made a motion to approve an event for Tim and Joy Gilzow.
Commissioner Herschend seconded the motion with discussion. He noted, for the record, that
both events were requested by the Taney County employees. The motion passed by vote:
Pennel (yes), Herschend (yes), Strahan (yes).

FLAG DAY

Commissioner Pennel stated that he had received a request for an event on Flag Day,
June 14th, at the Flag Pole. Commissioner Herschend made a motion to approve the event.
Commissioner Pennel seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (yes).

PARKING ORDINANCE

Commissioner Pennel explained there will be a public hearing held on the Parking
Ordinance, Monday, June 16th, at 9:00 a.m. in the regular Commission Meeting. Commissioner
Herschend stated the ordinance stems from emergency vehicles not being able to access
properties due to vehicles being parked on narrow streets. Sheriff Russell stated he would like to
see the signs have “Taney County” on the back side so that citizens know the signs belong to the
county. Commissioner Herschend asked Counselor Paulson to review Item 4 of the Ordinance.

BILLBOARD LEASE AGREEMENT

Commissioner Herschend made a motion to approve the billboard lease for Branson
Landing Hotel. Commissioner Pennel seconded the motion. The motion passed by vote: Pennel
(yes), Herschend (yes), Strahan (yes).

FUEL PRICES VS COUNTY BUDGET

Commissioner Herschend stated that the news reported on the gasoline prices and that
the national average is now at $4.02/gallon, and is predicted to be over $5.00/gallon by July 4th.
He noted that both the Road & Bridge and Sheriff’s Department would go over their fuel budgets
by a significant amount, looking at the current costs. Commissioner Herschend requested for
Frank Preston, Road and Bridge Superintendent, to devise a plan to conserve gasoline for both
the departments mentioned. Commissioner Pennel commented that he would like to discuss the
issue further during this afternoon’s work session.

ROBERT DIXON
RECORDER OF DEEDS

Recorder Dixon commented that he had discovered some unclaimed funds in the
Secretary of States Office for the Taney County Recorder’s Office and that a signed affidavit is
required to obtain those funds. Commissioner Herschend made a motion to approve the affidavit
to allow the Recorder’s Office to collect their monies. Commissioner Pennel seconded the
motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

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COMMISSIONER STRAHAN

Commissioner Strahan stated that there was a benefit held for a young child in the area
recently and commented that he was disgusted with the media regarding the headlines and the
story published, as he felt that the media should have been more sensitive to the families needs.

PUBLIC COMMENT

Mr. Gary Groman commented on the plan he submitted to the Commission for the White
River Basin Water Control. Commissioner Pennel stated that he would work on developing a
committee to concentrate on this issue.

RECESS
10:02 a.m.

Minutes taken by Susie Braden and typed by Nikki Lawrence.

RECONVENE
1:00 p.m.

FRANK PRESTON
WORK SESSION

Frank Preston, Road and Bridge Superintendent, met with the Commission to discuss
various issues.

1. Maintenance / Janitorial Support: John Lavender, Maintenance Supervisor, requested an
additional full-time employee. Commissioner Herschend questioned why an additional
employee would need to be hired when there would be no more duties/functions or
offices. Mr. Lavender commented that with the Judicial Facility there would be an
increase in square footage. Commissioner Pennel expressed concerns on hiring an
additional employee once the Judicial Facility opens. Mr. Lavender stated that he had
additional information to present to the Commission, but was not ready yet and would
like to come back to next Monday’s meeting with that information.

2. Slough Hollow Road: Mr. Preston submitted a proposal for the design of Slough Hollow
Road, from Great River Engineering, due to the Corps of Engineers 5 foot elevation
change in Bull Shoals Lake. He also noted that it is not to exceed $10,000 and that no
plans were included. Commissioner Pennel commented on the work/cost comparison of
Bluff Road versus Slough Hollow Road. Mr. Preston stated that he has not taken
measurements as to how long the section is, but that he has been told that it is
approximately ½ mile. Commissioner Strahan commented that the county could build it.
Commissioner Pennel mentioned that it would be a great savings to the county if the
work was completed by the county. Commissioner Herschend was unsure if the
Department of Conservation would accept it being built by the county and not an
engineer. Commissioner Pennel stated that before a decision would be made that he
would like to wait and see how the increased elevation of the water affects Slough
Hollow Road. Commissioner Strahan concurred. Mr. Preston stated that he would like
to do some additional investigation.

3. Acacia Club Road: Mr. Preston informed the Commission that Charlie’s crew will be
pulled off of Acacia Club Road for approximately 2 or more weeks and sent over to
Casey Road to work on 8 driveways and 2 walls. Commissioner Herschend requested
that Mr. Preston put up a sign to let the citizens know when the work will resume.

4. DSL Service: Mr. Preston commented that the Road and Bridge Department is still in
need of DSL service at the East and West Barn. He stated that he spoke with Gary
Morgan, who commented that it would take $1,000.00 to purchase two routers and the
internet service fee would be $59.00/month per location. Mr. Preston noted that having
this service would give the mechanics the capability to access the county purchasing
system, email and the ability to track incoming weather. Commissioner Herschend
moved approval. Motion died for lack of second. Commissioner Pennel made a motion

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 TANEY COUNTY COMMISSION RECORD

5. Poverty Point Update: Mr. Preston updated the Commission on 125 Winkle Creek in
Poverty Point. He stated that next week the homeowners will appear before the Planning
and Zoning Commission to obtain a Division III permit for a nightly/weekly rental
property. Mr. Preston also stated that he had received correspondence from neighbors
that were opposing this business in a residential neighborhood. Commissioner Pennel
made a motion for a stop work order and to send a letter to the homeowners.
Commissioner Herschend noted that there should be a cease / desist order immediately
stating that the homeowners were in violation of the Planning and Zoning Code. He also
commented that there should be a visit to the property to verify compliance.
Commissioner Pennel withdrew his motion. Commissioner Herschend made a motion
the table this issue until a later date as this issue falls under possible litigation. Motion
died for lack of a second.

6. Planning and Zoning: Mr. Preston discussed a position in the Planning and Zoning
Department that remains open. No decision was made by the Commission.

7. City of Forsyth Park Site: Mr. Preston toured the proposed park site. He also asked what
our level of commitment was to the City of Forsyth. Commissioner Strahan stated that
the City of Forsyth is still in the negotiation process.

8. Plumbing Issue: Mr. Preston commented that Jack’s crew is 4 to 6 weeks behind
schedule due to losing 1 crew member and the significant amount of rainfall.

9. Corporate Sponsorship: Mr. Preston re-visited the issue of a $50.00 Corporate
Sponsorship to allow all current county employees to join the Branson Rec Plex.
Commissioner Strahan made a motion to approve the $50.00 Corporate Sponsorship.
Commissioner Pennel seconded the motion. Commissioner Herschend asked either
Commissioner to amend their motion to allow him speak with the Health Care Center to
see if they would waive our fee. Pennel (yes), Herschend (abstain), Strahan (yes).
Commissioner Pennel stated that for the record the $50.00 is a one time annual fee.

10. Venice on the Lake: Mr. Preston met with Dick Scott and Rick Pickering last Friday. He
commented that they drove all of the county roads. Mr. Preston noted that they came up
with a list of problems in that area. He stated that due to the significant rainfall there are
several areas with erosion, many potholes and intersections that are roughed up. A
general discussion ensued.

11. News Release: Mr. Preston read the following News Release:
County working with the state in cleanup of detention pond
The Taney County Commission and Road and Bridge Department are cooperating with the Missouri
Department of Natural Resources in cleaning up a pond at the county’s maintenance barn on Buchanan
Road.
According to Taney County Road and Bridge Administrator Frank Preston, the Missouri DNR recently
received a complaint about paint, road oil and possibly other contaminants flowing into the pond on the
maintenance barn property.
Preston said it appears runoff from a nearby salt shed as well as oil and paint from county equipment
cleaned by employees have entered the pond. DNR inspectors have been at the pond to investigate, and the
county is working with the state to mitigate the problem.
According to Preston, the county has taken action immediately to protect the pond from any further
contamination and to bring in outside help for the clean-up.
Preston has also invited DNR officials to examine another pond on maintenance barn property in Hilda, on
the east side of the county. He said if pollution is found in that water by DNR, the county will also begin
the clean-up.
DNR is expected to have a report in a few weeks on the extent of any contamination.

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12. Fuel Savings: Mr. Preston reported to the Commission some additional ideas for fuel
savings for Road and Bridge vehicles, which are as follows:
-Run equipment at 85% throttle
-Keep tires fully inflated
-3-5 minute rule on run-time
Commissioner Herschend suggested that if an employee gets out of the vehicle, then it is
to be shut them off. Commissioner Strahan and Commissioner Pennel concurred.

13. Yearly Report: Mr. Preston stated that he was one month short of being employed with
the county for one year and that he was working on a summary to present to the
Commission. Commissioner Herschend also asked him for a list of goals for his
department during the next 12 months.

14. Residential Waterways & Developing Practices: Commissioner Herschend stated that the
Commission had a letter from Mr. Allen stating that he agrees with Department of
Natural Resources.

15. Location of County Equipment: Commissioner Herschend commented that all three
Commissioners had noticed county equipment at locations of old job sites and was
concerned about vandalism and theft. He also requested that Mr. Preston consider
moving equipment at the end of each project upon completion.

16. Iowa Colony Road: Commissioner Pennel asked Mr. Preston if Iowa Colony Road was
on the schedule. Mr. Preston stated that it would depend on how much work needed to
take place. Commissioner Pennel requested that all of them go out to Iowa Colony Road
and then make a decision from there.

17. Range Road: Commissioner Pennel stated that the Commission needed to make a
decision on Range Road. Commissioner Herschend commented that he went out there
and removed the first 60 feet of the fence to allow property owners access from the
county road to his property. Commissioner Pennel stated the fence is currently put back
up. He also commented that before a decision is made, the Commission needs to go take
a look at the road. Commissioner Pennel noted that the fence is in the middle of the
county road. The Commission concurred that Mr. Preston should have his crew go out to
the site and remove the fence, with a deputies assistance. Also, Mr. Preston is to speak
with Mr. Range.

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 (yes), Strahan (yes).

No votes taken.

Minutes were taken by Jim Yust and typed by Nikki Lawrence.

JUNE 10, 2008 36th DAY OF
THE APRIL ADJOURNED TERM

The County Commission met at the Taney County M. Graham Clark Airport at 9:30 a.m.
pursuant to adjourn with all members present and the following proceedings were had and made
a matter of record.

AIRPORT MEETING

The Commission attended the monthly Airport Board Meeting.

RECONVENE
1:00 p.m.

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SEPTAGON CONSTRUCTION
MONTHLY UPDATE

Commissioner Pennel made a motion to approve RFI#340 for $2,300.00 for light
fixtures and suggests that the Commission approach HMN to cover those additional costs.
Commissioner Herschend seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (yes).

EMERGENCY FEES

Commissioner Herschend made a motion to approve an emergency request to pay
Attorney Sherry Harris, off of the regular pay schedule per the request from Brenda Neal.
Commissioner Strahan seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (yes).

AUBURN ROAD/MT. BRANSON

The Commission met on-site to visit Auburn Road on Mt. Branson at the residence of
Sharon Engeler to look at a storm water damage issue.

Minutes taken by Jim Yust and typed by Nikki Lawrence.

JUNE 11, 2008 37th DAY OF
THE APRIL ADJOURNED TERM

The County Commission met in the Commission Office at 9:00 a.m. pursuant to adjourn
with Commissioner Pennel and Commissioner Strahan present and the following proceedings
were had and made a matter of record.

PAYROLL

Commissioner Strahan made a motion to approve payroll warrants:

General County Revenue warrants #104451 – 104472

Road & Bridge warrants #104421 – 104444

Assessment Fund warrants #104445 – 104446

Transfer Station warrants #104447 – 104450

Accounts Payable warrants #304184 – 304200, manual warrants #4846 – 4847

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

Minutes taken by Karen Yust and typed by Nikki Lawrence.

RECONVENE
10:00 a.m.

The County Commission reconvened in the Commission Office with Chuck Pennel, Presiding
and Danny Strahan, Eastern Commissioner present.

DEGRAFFENREID PROPERTY/
ON-SITE STAGING AREA – CASEY ROAD PROJECT

Mr. and Mrs. Degraffenreid commented that due to the Casey Road Project, there were
more trees removed than necessary. Commissioner Strahan noted that common practice
regarding easements is that whatever was removed during the construction process, then those

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items would be replaced. A general discussion ensued regarding their fence and trees that were
removed.

Commissioner Herschend entered the meeting at 10:35 a.m.

Commissioner Strahan requested for Mr. and Mrs. Degraffenreid to draw up a proposal
of how many trees they are wanting and a dollar figure of what it would cost to bring their
property back to how it was prior, without the county being involved and bring it back before the
Commission. Commissioner Pennel concurred.

The Commission also discussed Casey Road in general.

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

RECESS
11:15 a.m.

Minutes typed by Nikki Lawrence

JUNE 12, 2008 38th DAY OF
THE APRIL ADJOURNED TERM

The County Commission met in the Commission Office at 1:00 p.m. pursuant to adjourn
with all members present and the following proceedings were had and made a matter of record.

COY BOULEVARD

The Commission met with representatives from Missouri Department of Transportation
and City of Forsyth to discuss the expansion of Coy Boulevard. All parties agreed to a three-way
agreement, but details between City of Forsyth and Missouri Department of Transportation still
need to be worked out.

RECESS
2:35 p.m.

Minutes taken by Jim Yust and typed by Nikki Lawrence

JUNE 13, 2008 39th DAY OF
THE APRIL 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.

4 – 10 HOUR DAYS

The Commission discussed the possibility of county employees working 4/10 hour days.
Commissioner Pennel commented that he would like to sit down with Administrators and
Elected Officials to look at schedule/plan before implementing. Commissioner Herschend
suggested that the Commission send out a letter addressing it.

Commissioner Herschend moved to approve the concept of 4/10 hour days during a work
week, contingent upon receiving schedules in writing before implementation. Commissioner
Pennel seconded the motion. The motion passed by vote: Pennel (yes), Herschend (yes),
Strahan (yes).

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The Commission also agreed to send out an email conferring the specifics and to gain
feedback/support from departments on this change, as this will be re-evaluated September 1,
2008.

CASEY ROAD

Commissioner Herschend moved approval of a Change Order with Herion for up to 2000
cubic yards sub-grade replacement materials knowing that Great River Engineering will
supervise the project. Commissioner Strahan seconded the motion. The motion passed by vote:
Pennel (yes), Herschend (yes), Strahan (yes).

Commissioner Herschend moved to pay $14.00/load for hauling. Commissioner Strahan
seconded the motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

Commissioner Herschend moved to approve an extension of platted Wilson Street to
West Street to provide a hammerhead turnaround. Commissioner Pennel seconded the motion.
The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

MECHANICS SHOP BUILDING

Frank Preston, Road and Bridge Superintendent, requested a Change Order to Reliable
Building for the Mechanics flat building in the amount of $2095.00, which includes 2 fans at
4500.00 each. Commissioner Herschend asked that Road and Bridge come back with additional
information. The Commission concurred.

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

ADJOURN
10:40 a.m.

Minutes taken by Jim Yust and typed by Nikki Lawrence

JUNE 16, 2008 40th DAY OF
THE APRIL ADJOURNED TERM

The County Commission met in the Associate Circuit Courtroom at 9:01 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.

ACCOUNTS ALLOWED

Commissioner Pennel stated that the database for Accounts Payable is currently not
working but that the program was currently in the process of being resolved. Commissioner
Herschend made a motion to table Accounts Payable until later. Commissioner Pennel seconded
the motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

PRIOR MINUTES

There were no prior minutes available for approval.

PUBLIC HEARING
PARKING ORDINANCE

Commissioner Pennel asked Counselor Paulson to give the public a review of the
proposed Parking Ordinance. Counselor Paulson summarized it by saying that with the
ordinance in place it will limit parking in residential neighborhoods.

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Commissioner Herschend made a motion to approve the ordinance as submitted and
reviewed by the Commission. Commissioner Pennel seconded the motion.

Sheriff Russell was concerned about Section 2 – Commercial and Freight Vehicles, in
that there should be a length limit instead of a rating capacity. Commissioner Strahan noted that
it was just a matter of changing the verbiage.

Sheriff Russell noted an issue in Section 3 – Residential Restrictions, in that the first
sentence contradicts itself and that only the last portion applies. Counselor Paulson stated that
there needs to be both, the prohibition and the exemption of the restrictions.

Sheriff Russell indicated that on the back of the signs there needs to be some form of
county ownership identification.

Commissioner Herschend made a motion to amend the ordinance to include a
requirement that the county tag all county signs as such and that this ordinance only enforces
county signs. Commissioner Pennel seconded the motion. The motion passed by vote: Pennel
(yes), Herschend (yes), Strahan (yes).

Commissioner Herschend made a motion to amend the ordinance in Section 2 that
includes box trucks, which will be inserted after semi trucks and to delete the portion after box
trucks, which states “any other commercial motor vehicle with a rated capacity in excess of one
ton according to the manufacturer’s classification, or any vehicles exceeding twenty five (25’) in
length”. Commissioner Strahan seconded the motion as presented. The motion passed by vote:
Pennel (yes), Herschend (yes), Strahan (yes).

Commissioner Herschend made a motion to amend the original motion to approve this
ordinance as amended. Commissioner Pennel seconded the motion. The motion passed by vote:
Pennel (yes), Herschend (yes), Strahan (yes).

Commissioner Pennel made a motion to amend the agenda and move the Child Support
Budget issue ahead of the remaining items. Commissioner Strahan seconded the motion. The
motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

Commissioner Herschend made a motion to move the Airport Manager Contract into
Executive Session per Section 610.021.12 RSMo. Commissioner Pennel seconded the motion.
The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

JEFF MERRELL, COUNTY PROSECUTOR
CHILD SUPPORT BUDGET

Jeff Merrell, County Prosecutor, proposed to eliminate $34,000, the Child Support
budget, from the county’s general county revenue budget and join forces with the Regional Child
Support Enforcement Prosecutor’s Unit that is being established by the Greene County
Prosecutor’s Office of Child Support Enforcement Division. He noted that Greene County
would use their resources to prosecute child support cases in Taney County, in addition to
Greene County and other surrounding counties that chose to participate in this service.
Prosecutor Merrell stated that if there were any expenses from this service, it would be minimal
and proposed that those expenses be paid out of the regular prosecutor’s budget. He noted that
this change would need to start July 1, 2008, due to the State’s fiscal year being July 1st through
June 30th. Prosecutor Merrell noted the positive aspects of participating in this unit as follows:
-keep the current employee and add an additional employee
-continue serving Taney County locally
-may opt out of unit at any time, without any repercussions
-expenses will be paid by Greene County

Commissioner Herschend commented that it sounds too good to be true and questioned
how we can assure that the citizens of Taney County would be receiving the same or better care.

Dennis Tichelkamp, Director of the Greene County Prosecutor’s Office Child Support
Enforcement Division, addressed the Commission and stated that this Unit would be willing to
send the Commission monthly reports to keep updated and also commented that this is a team
effort by all parties involved.

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A general discussion ensued. Commissioner Herschend made a motion to approve the
recommendation by the Prosecuting Attorney and join the cooperative Child Support Unit.
Commissioner Strahan seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (yes).

COMMISSIONER HERSCHEND
STENCIL BUCHANAN ROAD

Commissioner Herschend stated that the Branson Schools Booster Club has requested
that they be able to place a “pirate” stencil on Buchanan Road, from the Transfer Station to the
school. A general discussion ensued.

Commissioner Herschend made a motion to allow stenciling but the Commission would
first have to approve the stencil, that the work is coordinated with Frank Preston, Road and
Bridge Superintendent so that this can be done in a safe manner. Commissioner Pennel seconded
the motion. . The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

CENTURY TEL BILL/AUTHORIZATION

Rick Findley, County Auditor suggested that Century Tel be made aware that Taney
County has authorized only three (3) people to make changes on the monthly invoice and/or any
service issues to insure that the County’s approved plans are not changed or incur any additional
charges.

Commissioner Herschend made a motion to authorize Gary Morgan, Tammy Hagler and
Dawn Bilyeu to represent the county on any telephone issues and to instruct Century Tel to only
take direction from one of those three individuals on any changes to the program. Commissioner
Pennel seconded the motion. The motion passed by vote: Pennel (yes), Herschend (yes),
Strahan (yes).

RECESS
9:53 a.m.

Minutes taken and typed by Nikki Lawrence.

EXECUTIVE SESSION

Commissioner Herschend made a motion to go into executive session pursuant to RSMo.
610.021(12). Commissioner Strahan seconded the motion. The motion passed by vote: Pennel
(yes), Herschend (yes), Strahan (yes).

Commissioner Herschend made a motion to approve the contract between Taney County
and Mark Parent, Airport Manager at a rate of $5,400.00 per month. Commissioner Strahan
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. The motion passed
by vote: Pennel (yes), Herschend (yes), Strahan (yes).

RECONVENE
10:30 a.m.

ACCOUNTS ALLOWED

Commissioner Strahan made a motion to approve the Morris Oil payment in accounts
payable at this time. Commissioner Pennel seconded the motion. The motion passed by vote:
Pennel (yes), Herschend (absent), Strahan (yes).

RECONVENE
1:05 p.m.

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FRANK PRESTON & TRESSA LUTTRELL
WORK SESSION

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

1. Jail Annex Remodel: John Lavender, Maintenance Supervisor and Gary Morgan, IS
Administrator discussed issues with the trenching to the Jail Annex in order to prepare
the building as the proposed Recorder of Deeds Office.

Commissioner Herschend entered the meeting at 1:15 p.m.

2. Maintenance Staff: Mr. Lavender presented the Commission with some options
regarding the maintenance of the existing building as well as the future Judicial Facility.
Mr. Lavender also noted that his staff was short due to an illness and would ask the
Commission to allow additional staff be added.

Commissioner Herschend made a motion to hire an individual for Mr. Lavender’s
department. Commissioner Strahan seconded the motion. The motion passed by vote: Pennel
(yes), Herschend (yes), Strahan (yes).

3. Judicial Facility: Mike Smith with Septagon Construction presented the Commission
with various changes orders.

Commissioner Herschend made a motion to approve PR#57 modified which changes the
seal of the concrete floors from epoxy to a terrazzo seal for a credit to the County of $55,343.00.
Commissioner Pennel seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (yes).

Commissioner Herschend made a motion to approve PR#55 which adds the hardware set
to the door of the mechanicals chase way for an additional $941.00. Commissioner Strahan
seconded the motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

Commissioner Herschend made a motion to approve CCD#8 which moves the (OSCA)
floor boxes in two courtrooms for an additional $3,746.00 and ask that Ms. Luttrell keep a list of
items that the County will be seeking reimbursement from HMN. Commissioner Pennel
seconded the motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

Commissioner Pennel made a motion to approve CCD#9 to move the video arraignment
from the Judges Offices’ to the courtrooms which is at no cost to the County. Commissioner
Herschend seconded the motion. The motion passed by vote: Pennel (yes), Herschend (yes),
Strahan (yes).

Commissioner Herschend made a motion to table the addressing of the additional shower
curtains at this time. Commissioner Strahan seconded the motion. The motion passed by vote:
Pennel (yes), Herschend (yes), Strahan (yes).

Commissioner Strahan made a motion to table PR#51 for the providing of and
installation of roof screens for the HVAC units to allow for more discussion. Commissioner
Pennel seconded the motion. The motion passed by vote: Pennel (yes), Herschend (yes),
Strahan (yes).

Mr. Smith brought up the sign issue noting that Walton is at a point where they need a
decision. The Commission asked that Walton provide some internet options with some pricing.

4. Spring Meadows Subdivision: Mr. Preston informed the Commission that the
construction traffic is once again driving through the subdivision again. Commissioner
Pennel inquired of the decision of record from Planning & Zoning. Commissioner
Strahan stated that he would ask that Randy Haes give them a final warning.
Commissioner Pennel noted that he would like to double check the decision of record
first.

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5. Planning & Zoning Employee Meeting: Mr. Preston commented that the employees of
Planning & Zoning would like to have a meeting with the Commission for a general open
discussion. Commissioner Pennel noted that frankly the last time the Commission did
that it was not a good thing. We have an Administrator, he should be bringing the issues
to us and inquired if Mr. Coxie was able to do that.

Commissioner Herschend commented that he didn’t think it was ever a good thing when
they have to come in as a group and agreed that Mr. Coxie should be doing this, if not him then
Mr. Preston should. Mr. Preston commented that in that last meeting he had, everyone had two
to three comments. One being the justification of the vacant position and I suggested that there
be a meeting. Commissioner Strahan stated that he would like to discuss this issue in Executive
Session.

6. K Dock: Randy Haes informed the Commission that there was some miscommunication
regarding the issuance of keys for K-Dock which led to twice as many keys being issued.
Mr. Haes noted that the simplest solution is to change the locks.

Commissioner Herschend made a motion to instruct Mr. Haes to change the locks on a
specific date and contact all individuals who received a key notifying them of the reason why.
Commissioner Pennel suggested the motion be amended to include notifying the boat dock
owner noting that the contract does not include them and that they will need a signed document
from the Wilson’s. Commissioner Herschend amended his motion. Commissioner Pennel
seconded the motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes,
but noted that he was did not like the current contract).

7. Poverty Point: Mr. Preston noted that there have been seven complaints regarding 125
Winkle and presented the Commission with a sign that he had made up regarding nightly
rentals. Commissioner Herschend inquired if Counsel had prepared the notice to be
posted on the house. Mr. Preston stated that Counsel has given him suggested language
and added that the Division III concept hearing on this property is tonight. After a
general discussion regarding the timing of posting the property and the concept hearing,
Commissioner Herschend noted that they have informed us seven times that they were
not following our code and we did nothing, the timing doesn’t matter this should have
been addressed months ago.

8. MPI Development: Mr. Preston commented that the final vote is tonight and noted that
this is the biggest issue since he has been here and noted that he felt the only end solution
could be litigation. Commissioner Strahan noted that the Commission has been presented
with the documentation and shouldn’t probably talk about anything that might be
litigation.

Commissioner Pennel commented that he thought the Planning Commission has been
hesitant to turn projects down and thought that the Planning staff and Counsel could help with
the motions either for or against. Commissioner Pennel added that the decision needs to be clear
why the project is being turned down. Commissioner Herschend stated that he thought it was
clear that the County Commission was willing to spend funds to go to court to find out what is
right.

9. Sewer District Change Order: Commissioner Herschend presented the Commission with
a change order for the asphalting of streets not maintained by the county in the amount of
$214,340.43 and asked that the Commission allow him to approve said order.
Commissioner Strahan stated that he would like to take a look at the roads first and
commented that he was uncomfortable doing it without Sewer Board approval.

RECESS
4:20 p.m.

Minutes taken and typed by Tressa Luttrell.

PLANNING & ZONING MEETING

The County Commission attended the regularly scheduled Planning & Zoning Meeting at
the Taney County Courthouse in the Associate Courtroom II.

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JUNE 17, 2008 41st DAY OF
THE APRIL ADJOURN TERM

The County Commission met in the Commission Office at 9:05 a.m. pursuant to adjourn
with Chuck Pennel, Presiding and Danny Strahan, Eastern Commissioner present and the
following proceedings were had and made a matter of record.

ACCOUNTS ALLOWED

Commissioner Pennel made a motion to approve accounts payable warrants #304165
through #304183, #304201 through #304321, manual warrants #4848 and #4849. Commissioner
Strahan seconded the motion. The motion passed by vote: Pennel (yes), Herschend (absent),
Strahan (yes).

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

MESSAGE BOARD
FAIR BOARD

Commissioner Strahan made a motion to allow the fair board to borrow the County’s
message board for the 2008 fair. Commissioner Herschend seconded the motion. The motion
passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

Commissioner Herschend noted that he didn’t know that the County would be loaning the
sign to the fair board as much as keeping the citizens safe.

SEWER DISTRICT
CHANGE ORDER

John Hooker with the Taney County Regional Sewer District updated that Commission
on how and why this change order came about. Commissioner Strahan wondered if the
Commission wasn’t overriding the Sewer Board before the issue was presented to them as well
as in jeopardy of the bid limits.

Mr. Hooker noted that the issue is in the SJL contract for Bee Creek and this would
simply be a change order to the contract. Commissioner Strahan stated that if the process is
correct then he would be for approval but reiterated that it should go to the sewer board first.

After a general discussion, Commissioner Herschend made a motion to approve change
order #7 for the asphalting of roads in the amount of $214,340.43. Commissioner Pennel
seconded the motion.

Commissioner Pennel asked if all the change orders are with the Commission or the
Sewer District, who is the contract with. Mr. Hooker stated he thought the Sewer District
however Commissioner Herschend is required to sign the documents. Commissioner Pennel
stated that they were talking about a legal document, a change order to a contract. Is the contract
for SJL with the Commission or the Sewer District and if you are amending the contract is it
being done correctly.

Commissioner Herschend amended his motion to include that it be approved contingent
upon the Sewer Board’s approval today. Commissioner Pennel amended his second. The
motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

OAK BLUFF ENTRANCE

Commissioner Herschend asked the Commission to get involved with the Oak Bluff
entrance noting that SJL has ran equipment across it leaving deep ruts and noted his concern
about the stability of the entrance.

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SJL CONTRACT

Commissioner Herschend commented that SJL is continuing to talk about the 3 days
from when they were stopped due to non compliance and added that SJL is clearly past the
contract date even with the added rain days given to them. Commissioner Herschend added that
he would be going to the Sewer Board to request looking at liquidated damages as they will be 5-
6 weeks past the contract date.

RECESS
9:50 a.m.

Minutes taken and typed by Tressa Luttrell.

REGIONAL SEWER DISTRICT
MEETING ATTENDANCE

The County Commission attended the Taney County Regional Sewer District Meeting to
hear updates on Bee Creek and Ozark Beach projects as well as the Branson Airport. The
Commission also heard a presentation of the Sewer Utility budget.

PUBLIC MEETING
TANEYCOMO BRIDGE

The County Commission attended a public meeting hosted by MoDot to present drawings
of the Taneycomo Bridge options and get public comments.

JUNE 18, 2008 42ND DAY OF
THE APRIL ADJOURN 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.

PRIOR MINUTES

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

JUDICIAL FACILITY
CHANGE ORDER

Mike Smith with Septagon Construction gave the Commission an update regarding the
information received on the Shower Curtains that had previously been tabled. Commissioner
Strahan made a motion to approve PR#51 for an additional cost of $6,320.10. Commissioner
Pennel seconded the motion. The motion passed by vote: Pennel (yes), Herschend (yes),
Strahan (yes).

VOTING PRECINCT REPORT

Commissioner Pennel read the following report as presented by Clerk Neeley:

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CONNELL INSURERS
WORKERS COMPENSATION

Tim Connell with Connell Insurers met with the Commission to discuss concerns
regarding the return to work policy. Commissioner Herschend noted that his concern is that the
doctor may not know exactly what the employee does to return them to light duty. For instance,
the employee may say he is a truck driver. The doctor says he can come back to light duty but
doesn’t know that he actually drives a dump truck with a standard transmission, thus climbing
and shifting all day long.

Mr. Connell noted that his company should be running interference and coordinating with
the County’s staff not putting it in the employees’ hands. Commissioner Strahan questioned the
issue of allowing light duty be conducted with charitable organizations. Mr. Connell stated that
he would bring the Commission back written verification.

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INDUSTRIAL DEVELOPMENT
AUTHORITY (IDA)
APPLICATIONS

Commissioner Pennel updated the Commission regarding the application process to hire
an IDA Director and commented that his point was that if the Commission is not willing to fund
the IDA then we need to let the board know.

Commissioner Herschend asked if the Commission wanted to fund the position knowing
we would have to fund the IDA for 2009. Commissioner Pennel noted that he was asking if
there was a strong feeling from the Commission either way. Commissioner Herschend stated
that he felt there is a need but didn’t know that they were going about it the right way and added
that he has yet to get his questions answered from the board.

The Commission agreed to schedule a time when the board could meet with the
Commission for a round table discussion.

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 Randy Haes’ request for comp time and
to reinstate his sick leave back to the date he was made salary. Commissioner Strahan seconded
the motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

Commissioner Herschend 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).

Minutes taken and typed by Tressa Luttrell.

BOA APPOINTMENTS/TELECONFERENCE

Commissioner Pennel and Commissioner Herschend were present during a
teleconference hearing at 4:30 p.m. that was called on less than 24 hours notice due to an
emergency situation. The matter could not wait 24 hours because the Board of Adjustment met
on Wednesday, June 18th, and a quorum will not be present. There were two (2) vacancies on the
board and these appointments would have insured a quorum for this evenings meeting.

Commissioner Herschend made a motion to appoint Bob Hanzelon and Tom Gideon to
the Board of Adjustment. Commissioner Pennel seconded the motion. The motion passed by
vote: Pennel (yes), Herschend (yes), Strahan (absent).

Minutes taken by Bob Paulson.

RECESS
4:35 p.m.

BOARD OF ADJUSTMENT

The County Commission attended the Board of Adjustment meeting.

JUNE 23, 2008 43rd DAY OF
THE APRIL ADJOURNED TERM

The County Commission met in the Associate Circuit Courtroom at 9:02 a.m. pursuant to
adjourn with Commissioner Pennel and Commissioner Strahan present and the following
proceedings were had and made a matter of record.

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Prayer was led by Rick Findley followed by the pledge.

ACCOUNTS ALLOWED

Commissioner Strahan made a motion to approve accounts payable warrants #304323-
304384, #304386-304425 and manual warrants #4850-4851. Commissioner Herschend
seconded the motion. The motion passed by vote: Pennel (yes), Herschend (absent), Strahan
(yes).

Commissioner Strahan made a motion to deny accounts payable warrant #304385.
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
6/10/08, 6/11/08, 6/12/08 and 6/13/08. Commissioner Strahan seconded the motion. The motion
passed by vote: Pennel (yes), Herschend (absent), Strahan (yes).

2008 EMERGENCY SHELTER GRANT; CONTRACT

Tressa Luttrell, County Administrator, informed the Commission that Taney County has
received the 2008 Emergency Shelter Grant in the amount of $10,956.00. This grant is a pass
through grant, which will go to The Hiding Place who will match a 100%. Ms. Luttrell
presented the Commission with the State Contract as well as the agreement between Taney
County and The Hiding Place, which is required by the State should the County accept the
award.

Commissioner Pennel made a motion to approve the 2008 Emergency Shelter Grant.
Commissioner Strahan seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (absent), Strahan (yes).

DOCUMENT INDEXING BID AWARD

Commissioner Strahan made a motion to approve the bid for document indexing to U.S.
Imaging, as recommended by Robert Dixon, County Recorder. Commissioner Pennel seconded
the motion. The motion passed by vote: Pennel (yes), Herschend (absent), Strahan (yes).

BILLBOARD LEASES

Ms. Luttrell noted that while she was on vacation a file with billboard leases were given
to the Commission for approval, however only one of the three contracts were actually approved.
Ms. Luttrell stated the other two Billboard Leases that would need to be approved would be for
the Boutique Hotel Development and the City of Branson D.B.A. Branson Landing.

Commissioner Pennel made a motion to approve the two Billboard Leases as presented.
Commissioner Strahan seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (absent), Strahan (yes).

COMMISSIONER PENNEL
CATALYST GROUP

Commissioner Pennel gave an update on his trip to Memphis, Tennessee with the
Catalyst Group that looked at an organization called the Church Healthcare Center. He
commented that this organization has been in business for 21 years and they help individuals to
obtain health care that are working, but at a reduced cost. Commissioner Pennel noted that this
organization is completely funded by donations. He also noted that there are high hopes that
Taney County could replicate the Church Healthcare Center

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PUBLIC COMMENT

Mr. Art Beck commented on the wall project in front of the Judicial Facility and
questioned the Commission as to when it would be completed.

Mr. Bobby Clay commented on the Casey Road project and inquired about the cost of it.

RECESS
9:25 a.m.

Minutes taken and typed by Nikki Lawrence.

RECONVENE
1:00 p.m.

FRANK PRESTON & TRESSA LUTTRELL
WORK SESSION

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

1. Twin Filing Cabinet bid: Ms. Luttrell presented the bid for twin filing cabinets to the
Commission. These cabinets would be for the Circuit Clerk and will be paid for with a
State Grant. Ms. Luttrell read the Commission Ms. Neal’s recommendation to purchase
with OM Workspace for $9,526.00.

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

2. Various Road Updates: Mr. Preston updated the Commission on Blansit Road, Fox Trail
Road, Ingenthron Road, Shorty Cooper Street and Blue Ridge Road.

3. Jessie Road: Mr. Preston indicated that the citizens would like for the County to pay for
the repairs from the recent rains. Mr. Preston noted that the road is completely on private
property. Mr. Preston stated that he informed the citizen that what had happened was an
act of God and that she lives directly in the path of the water, the County couldn’t do
anything to the road.

4. Building Updates: John Lavender, Maintenance Supervisor presented the Commission
with a plan for the Recorder of Deeds being placed in the Courthouse versus the jail
annex.

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

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 TANEY COUNTY COMMISSION RECORD

JUNE 25, 2008 44TH DAY OF
THE APRIL ADJOURN TERM

The County Commission met in the Commission Office at 1:00 p.m. pursuant to adjourn
with Chuck Pennel, Presiding and Danny Strahan, Eastern Commissioner present and the
following proceedings were had and made a matter of record.

PAYROLL

Commissioner Pennel made a motion to approve payroll warrants:

General County Revenue #104473 through #104474, #104506 through #104539

Road & Bridge #104476 through #104499

Assessment Fund #104475, #104500 through #104501

Transfer Station #104502 through #104505

Accounts payable warrants #304438 through #304458, manual warrants #4852, #4853

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

PRESBYTERIAN CHURCH
PARKING LOT

The County Commission met with board members of the Presbyterian Church to discuss
the re-paving of the parking lot. A request to pave and maintain the parking lot was received
from the Presbyterian Church due to the construction of the new Judicial Facility.

Commissioner Strahan made a motion for a 2” overlay and 3” where there is a concrete
sidewalk or “trip” area. Commissioner Pennel asked to add to his motion that it would be done
after the two churches can work out a few details. Commissioner Strahan noted only if it works
out timely. Commissioner Pennel asked what timely was. Commissioner Strahan noted that
when the County tears the buildings down so that there will be a nice finished black surface.
Commissioner Pennel seconded the motion.

Commissioner Pennel noted that there would need to be a discussion regarding the
maintenance of the parking lot, as the County would not be willing to maintain. Representatives
from the church noted that if the County was paving the lot, that would be great. The church
would then determine the public parking availability then but added that it probably wouldn’t
change.

Frank Preston, Road Superintendent commented that no one has talked about striping.
Commissioner Strahan amended his motion to include the striping of the parking lot.
Commissioner Pennel amended his second. The motion passed by vote: Pennel (yes),
Herschend (absent), Strahan (yes).

PAT BURNS
JIM’S AUTO BODY

Pat Burns met with the Commission regarding an emergency waiver from Planning &
Zoning. Mr. Burns noted that the insurance company informed them last week that they had 120
days to finish all the work from the initial date of the fire, which now doesn’t allow us to go
through the Planning & Zoning process. Mr. Burns commented that they would be adding some
additional feet to the building as well as additional parking. Mr. Burns noted that he had worked
with Mr. Coxie in Planning who helped with the parking issue.

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 TANEY COUNTY COMMISSION RECORD

Commissioner Pennel stated that there is a clause in the Planning Code that allows an
emergency waiver from the County Commission, however the property owner is liable should
the Planning Commission deny the project.

Commissioner Strahan made a motion to approve the Emergency Waiver for Jim’s Auto
Body. Commissioner Pennel seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (absent), Strahan (yes).

BUILDING REMODEL
DISCUSSION

A general discussion regarding the building-remodeling plan was had. It was agreed that
the Commission would be aborting the plan of the Recorder of Deeds going to the jail annex as
he will now go to the second floor of the Courthouse.

EXECUTIVE SESSION

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

Commissioner Pennel made a motion to go out of executive session. Commissioner
Strahan 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 were taken.

BLUE RIDGE ROAD

Mr. Preston informed the Commission that he had spoken with residents from Blue Ridge
who claims that the County has done work in the past. They have documents where emergency
vehicles refuse to use that road and have seen two bears and a large mountain lion in the area.
Mr. Preston added that the kids have to walk a mile to catch the school bus. The residents feel
that due to the construction of 65 it may have created more of a problem than originally and are
trying to seek some help with MoDot.

EXECUTIVE SESSION

Commissioner Pennel made a motion to go into executive session pursuant to RSMo.
610.021(3). Commissioner Strahan 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 6/4
and 6/9/08. Commissioner Strahan seconded the motion. The motion passed by vote: Pennel
(yes), Herschend (absent), Strahan (yes).

Minutes taken and typed by Tressa Luttrell

JUNE 26, 2008 45th DAY OF
THE APRIL ADJOURNED TERM

The County Commission met at the Taneyville Pavilion at 7:00 p.m. pursuant to adjourn
with Commissioner Pennel and Commissioner Strahan present and the following proceedings
were had and made a matter of record.

PARK BOARD

Commissioner Pennel and Commissioner Strahan attended the monthly Park Board
meeting.

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 TANEY COUNTY COMMISSION RECORD

Minutes typed by Nikki Lawrence

JUNE 27, 2008 46TH DAY OF
THE APRIL ADJOURN TERM

The County Commission met in the Commission Office at 9:00 a.m. pursuant to adjourn
with Chuck Pennel, Presiding and Danny Strahan, Eastern Commissioner present and the
following proceedings were had and made a matter of record.

BLUE RIDGE ROAD

Commissioner Pennel opened the meeting by explaining that the Commission was aware
of the problems the individuals had on Blue Ridge Road but was looking for a solution.
Commissioner Pennel noted that the Commission would listen but didn’t want to reiterate the
problems.

John Barlow got emotional noting that his property was landlocked. Commissioner
Pennel assured the crowd that the Commission was not their enemy and that they would need to
calm down, as this was the Commission’s meeting. Mr. Barlow apologized and stated that they
have been fighting this problem for 13 years. When he moved here Taney County brought in
some fill and did a good job. However, he believed that the washout was from the outer roads
that MoDot has put in. Mr. Barlow indicated that the water was running faster than ever.

Mr. Barlow stated that he has letters from both Western Fire and the Ambulance stated
that they won’t come out here and added that he should be getting the services he is paying for.

Michael Burdine commented that FEMA says this is not their issue and presented recent
pictures of the road. Karen Burdine added that they have to travel 8 miles to get the mail and the
school bus will not come through.

Commissioner Pennel asked if anyone could answer questions regarding whether the
property owners association was active or not. Mr. Burdine stated that it was active and one of
the County employees, Keith Crawford was the President.

Commissioner Pennel noted that he was willing to look at their issue, but that he was
only one of three Commissioners. Mr. Pennel added that he had spoken with SMACOG
yesterday regarding some funds. Commissioner Pennel stated that he could see that MoDot has
possibly added to the problem but only in the bottom.

Commissioner Pennel added that his point was that there has been a problem for a long
time and didn’t see the Commission doing anything today as the Western Commissioner would
need to be here. Mr. Barlow commented that the County maintained the road; a Devin was the
grader operator and did a good job. This was approximately 96 or 97.

Counselor Paulson asked questions regarding the developer. Mr. Barlow stated that the
developer is still around it is Mike Wenig. Commissioner Strahan reiterated Commissioner
Pennel’s comments and stated that he was not willing to make any decision today and would not
promise that anything could be done but he was willing to try to come up with a solution to the
problem.

10 HOUR DAYS
COMMISSION DEPARTMENTS

The Commission met with various Administrators to discuss the possibility of allowing
ten-hour days to help with the high costs of fuel.

Commissioner Herschend entered the meeting at 10:00 a.m.

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 TANEY COUNTY COMMISSION RECORD

After a lengthy discussion, Commissioner Herschend made a motion that all
Administrative Departments (under the Commission) either working 4/10’s or 5/8’s must take
the required 1 hour lunch and the two 15 minute breaks. Commissioner Strahan seconded the
motion.

Commissioner Pennel noted that he disagreed on the 1 hour, that it could be flexible with
½ hour but that was only his opinion. Commissioner Herschend amended his motion to note that
this would only be on a trial basis. Commissioner Strahan amended his second. The motion
passed by vote: Pennel (no), Herschend (yes), Strahan (yes).

RECESS
10:35 a.m.

Minutes taken and typed by Tressa Luttrell

JUNE 30, 2008 47th DAY OF
THE APRIL ADJOURNED TERM

The County Commission met in the Associate Circuit Courtroom at 9:00 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 Commissioner Pennel, followed by the pledge.

ACCOUNTS ALLOWED

Commissioner Pennel made a motion to approve accounts payable warrants #304426-
304437, #304459-304542 and manual warrants #4854-4855. Commissioner Strahan seconded
the motion. The motion passed by vote: Pennel (yes), Herschend (absent), Strahan (yes).

PRIOR MINUTES

Commissioner Strahan made a motion to approve prior Commission Minutes dated
6/16/08, 6/17/08, 6/18/08 and 6/26/08. Commissioner Pennel seconded the motion. The motion
passed by vote: Pennel (yes), Herschend (absent), Strahan (yes).

PARK BOARD UPDATE

Commissioner Strahan commented that the Park Board met on Thursday, June 26th at
Sullenger Park in Taneyville with a great turnout of citizens present. He also noted that the main
projects for the year have been completed. Commissioner Strahan expressed the excitement
from the citizens for early completion of the Bull Creek and Bradleyville projects.

Commissioner Herschend entered at 9:05 a.m.

FLOODING UPDATE

Commissioner Pennel extended a thank you to the Road and Bridge employees for their
excellent commitment to Lakeshore Drive during the flooding noting that employees were on the
scene until midnight. Commissioner Pennel also extended a public thank you to Chris Berndt,
Emergency Management Director, for all of his efforts.

Mr. Berndt gave an update on the flooding that occurred over the weekend commenting
that across the county it rained anywhere from four (4) to seven (7) inches. Mr. Berndt noted
that 32 people were rescued from their homes/cars within the county.

Commissioner Strahan complimented the efforts of the Road & Bridge employees at
Coon Creek. Commissioner Strahan and Commissioner Herschend discussed the safety issues of
Coon Creek and recommended that it should be closed due to the water lifting large chunks of
concrete off of tin horns and swept down the creek. The Commission concurred to discuss the
issue during their work session this afternoon. Commissioner Strahan added there were nineteen

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 TANEY COUNTY COMMISSION RECORD

(19) places throughout the county where undermining had taken place and requested that the
public obey road closures signs and barricades.

Commissioner Strahan also complimented the Sewer Departments efforts and noted that
Empire Electric donated an 80-foot pole for reconnection purposes.

Commissioner Herschend commented that Coon Creek lift station sustained significant
damage and requested, on an emergency basis, to contract out to fix the fence today. He also
noted that John Soutee, Sewer District Administrator would assess the damages and get back
with the Commission.

Commissioner Strahan commented that the road projects would be delayed/pushed back
or may not even be completed this year due to the work that is required in fixing the flooded
areas of the county. Commissioner Herschend recommended that the Commission authorize
over-time on Fridays for Road & Bridge employees. Commissioner Pennel stated that he would
like to discuss it with Frank Preston, Road & Bridge Superintendent and get his opinion.

FEMA UPDATE

John Rider, Road Inspector, gave a brief update to the Commission noting the damage to
date was just over $300,000.00 from the original flood covered by FEMA from March 16th
through May 9th.

PUBLIC COMMENT

Mr. Bob Schanz commented on the Taneycomo Bridge project and how he is working on
a proposal to fund the whole project and would submit the information to the Commission.

RECESS
9:25 a.m.

Minutes taken and typed by Nikki Lawrence.

RECONVENE
1:00 p.m.

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

TRESSA LUTTRELL
WORK SESSION

Tressa Luttrell, County Administrator met with the Commission to discuss various issues.

1. Casey Road Project: Charlie Stiffler, with Road & Bridge, spoke with the Commission
regarding Ron Wyatt’s property. Mr. Stiffler recommended changing the size of pipe and
to get a tree that was in the way cut down.

Commissioner Herschend entered the meeting at 1:11 p.m.

Commissioner Strahan made a motion to extend the size of pipe to 8” as recommended
by Mr. Stiffler and to contact a licensed, bonded tree cutting service in order to cut down the
tree. Commissioner Pennel seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (yes).

2. Lakeshore Drive: Mel Aiken and Spencer Jones from Great River Engineering met with
the Commission to discuss various options for the repair of the Lakeshore Drive Bridge
that was washed out over the weekend.

Commissioner Herschend asked Great River Engineering to look at engineering a safe
temporary crossing using existing materials. Commissioner Strahan noted that the county didn’t
loose anyone this time but if we put it in that way and something happens, I have a real concern.

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 TANEY COUNTY COMMISSION RECORD

Commissioner Herschend noted that railroad cars have been used in other areas that are
put in side by side. Mr. Jones commented that he has not been able to get enough evidence to
place a load bearing recommendation on them.

3. Coon Creek: Commissioner Herschend requested that Great River Engineering take a
look at Coon Creek and prepare an estimate for the Commission on both fixing to use as
it has been as well as correcting the alignment as it should be.

4. Cedar Springs Estates: John Rider, Road Inspector commented he reviewed the petition
with Counselor Paulson who was not comfortable without a plat that contained a true
survey attestation and a grant of permanent easement.

Commissioner Strahan made a motion to table said petition until the petitioner can
provide the information to the Commission and to set a 30-day cutoff. Commissioner Pennel
seconded the motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

5. Powell Road: Commissioner Pennel brought up the issue of Powell Road, where the
existing road doesn’t line up with the plat. Commissioner Pennel added that some of the
residents don’t want anything done however there are some that do.

Commissioner Strahan commented that it was a legal issue. Ms. Luttrell asked if it was a
legal issue for the Commission to resolve or the residents. Commissioner Pennel noted that it
was an issue for the residents.

Commissioner Herschend made a motion to table until the Commission could speak with
Counsel. Commissioner Pennel seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (yes).

6. Blansit Road: Commissioner Pennel expressed his concern in regards to closing Blansit
Road without a public hearing. Commissioner Herschend noted that he understands that
it is not a through road. That it dead-ends at a bridge and I think Counselor Paulson will
tell us that citizens using that area do not have a standing. Commissioner Herschend
added that the property owners are the only individuals with the right to have a say in the
closing.

Commissioner Pennel commented he understood that the county has been maintaining
the road for years. Commissioner Strahan added that the property owners at the end of the road
were not in favor of closing the road and if that is the case why would the county do so.

Commissioner Pennel made a motion to set a date for a public hearing after certified
letters are sent to the property owners along the road. Commissioner Herschend stated he
wouldn’t second the motion as that is Carol Orr’s (a concerned property owner) job to do that.
Commissioner Pennel commented that the county is spending tax dollars on the road.

Commissioner Herschend commented that he directed Ms. Orr to do the legwork prior to
coming to the Commission. Commissioner Strahan concurred that Ms. Orr should follow the
process. Commissioner Pennel added that the public was using that area prior to Ms. Orr
purchasing the property.

Commissioner Pennel made a motion to write letters to the property owners.
Commissioner Herschend seconded the motion. Commissioner Herschend asked Commissioner
Strahan to contact Ms. Orr. Commissioner Strahan stated he would not as he is against closing
the road and didn’t understand, if it is maintenance I thought the Commission had spoken with
Mr. Preston about this road. Commissioner Herschend concurred. Mr. Rider noted that he
understood that the crew was only making the road passable. Commissioner Pennel informed
Mr. Rider that he felt the Commission was saying no more work on that road until the county has
a plan.

RECESS
2:54 p.m.

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 TANEY COUNTY COMMISSION RECORD

Minutes taken and typed by Tressa Luttrell.

JULY 01, 2008 48th DAY OF
THE APRIL ADJOURNED TERM

The County Commission met at Hollister City Hall at 1:30 p.m. pursuant to adjourn with
all members present and the following proceedings were had and made a matter of record.

TANEY COUNTY REGIONAL
SEWER DISTRICT

The County Commission attended the Taney County Regional Sewer District Meeting to
hear updates on Bee Creek and Ozark Beach projects as well as Underhill Heights project and
2007 Audit Results.

LAKESHORE DRIVE
BRIDGE
(Commissioner Strahan was contacted via telephone)

Commissioner Herschend noting that 24 hour notice could not be had due to the
emergency situation with the bridge being washed out and the need for safety and to quickly
make necessary repairs, made a motion to approve the purchase of concrete culverts from
wherever road & bridge can find them. Commissioner Pennel seconded the motion. The motion
passed.

Minutes typed by Nikki Lawrence.

JULY 2, 2008 49TH DAY OF
THE APRIL ADJOURN 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.

WORKERS COMPENSATION

The County Commission met with Tim Connell, Lynette Weatherford and Fran Bunch
from Connell Insurance to discuss the Return to Work policy for the county. Mr. Connell noted
that allowing an employee to work for a not for profit organization should the county not have
light duty work available is ok but there is a statute regarding the separation of church and state.

Counselor Paulson noted that he continued to have questions regarding earmarked funds
and would suggest that any road & bridge employee who is on light duty for other departments
be paid out of general county revenue.

Commissioner Strahan noted that he would like to keep it government oriented and
would be siding with the employee who is sick adding that he didn’t want to push an employee
into coming back too soon.

Mr. Connell pointed out that happy employees do not seek attorney representation and
hopefully the county will have enough checks and balances to protect the county and the
employee.

DOUG NEIDIGH
OZARK CLEAN AIR ALLIANCE

The Commission was given a presentation with other local government representatives
regarding the Ozark Clean Air Alliance. Areas addressed in the presentation were: The Ozone
Formation Cycle, Voluntary Strategies, Cost Savings and Conserving Energy.

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 TANEY COUNTY COMMISSION RECORD

Minutes taken and typed by Tressa Luttrell.

JULY 3, 2008 50TH DAY OF
THE APRIL ADJOURN TERM

The County Commission met in the Commission Office at 10:30 a.m. pursuant to adjourn
with all members present and the following proceedings were had and made a matter of record.

EXECUTIVE SESSION

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

Commissioner Pennel made a motion that the county rely on the doctor regarding any
return to duty, that the county doesn’t make that determination. Commissioner Herschend
seconded the motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan
(abstain).

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).

ANIMAL CONTROL

Commissioner Herschend made a motion to allow animals to be adopted at the Grape
Festival from 10-2 and to approve overtime for the staff to do so. Commissioner Pennel
seconded the motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

Commissioner Herschend made a motion to authorize overtime and printing costs for
flyers for both the Mincy Puppy Day and the Grape Festival. Commissioner Pennel seconded
the motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

Minutes taken by Tressa Luttrell and Donna Neeley, typed by Tressa Luttrell.

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 TANEY COUNTY COMMISSION RECORD

JULY 7, 2008 1ST DAY OF
THE REGULAR 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 Commissioner Pennel followed by the pledge.

ACCOUNTS ALLOWED

Commissioner Strahan made a motion to approve accounts payable warrants #304543-
304618 and manual warrant #4856. Commissioner Herschend 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
6/23/08, 6/25/08 and 6/27/08. Commissioner Strahan seconded the motion. The motion passed
by vote: Pennel (yes), Herschend (yes), Strahan (yes).

K-DOCK PUBLIC MEETING

Mr. Bill Stephenson addressed the Commission concerning recent floods that have
affected access to the K-dock Marina. He stated that the contract with the Wilsons
references flooding at the end of K Highway, but specifically ignores K-dock Marina and boaters
on the lake. Mr. Stephenson commented that in the contract in paragraph 9 the right-of-way
easement does not extend usage to boaters.

Mr. Stephenson also addressed the issue of emergency usage and asked for
reconsideration of what constitutes an emergency. He noted that as the road stands right now, an
emergency vehicle could not get down it safely, as the county only maintains a portion of the
road. Mr. Stephenson strongly requested that a renegotiation is in order so that the K-dock
Marina and boat owners would have access to the road, but only until the water goes back down.
He also noted that if there could not be resolution found then he would recommend
condemnation.

Mr. Stephenson requested that the Commission review the contract with the Corp of
Engineers, as he alleges that the contracts were thrown away approximately 10 years ago. He
commented that the contract may state that the Corp of Engineers was responsible for the road,
i.e. raising K Highway to continue access to the marina.

Commissioner Herschend asked Donna Neeley, County Clerk, if the county throws away
active contracts. Ms. Neeley stated that the county keeps all active contracts. Commissioner
Herschend stated that he thought the contracts that Mr. Stephenson was referring to, were not
active.

Commissioner Strahan noted there needs to be a solution to the problem and that the
Commission needs to start fresh. He agrees that the Wilson contract was a recipe for disaster and
that is was set up for the circumstances at that time. Commissioner Strahan also commented that
the residents that live on Warren Road have a responsibility to petition the county to take in the
road and to meet county standards.

Commissioner Herschend asked Counselor Paulson if the county could condemn private
property for commercial use. Counselor Paulson stated that it could not be condemned for
commercial use that is used for a public purpose. A general discussion ensued.

Counselor Paulson explained the background/history of K-dock, starting in 2002, which
prompted the original contract with the Wilsons. He also stated at that point there were (2)
options put before the Commission and the first one was for the Corp of Engineers to build a
temporary bridge and second one was to somehow build a temporary road across some property,

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 TANEY COUNTY COMMISSION RECORD

if there was a route. Counselor Paulson commented that the temporary route may be able to be
used again, whereas the construction of a temporary bridge could only be used once and it would
have been approximately the same cost.

Mr. Scott Hansen, K-dock Marina Owner, discussed the key situation, per the contract, as
they may not be transferred. He also questioned why only half of the road was maintained by the
county when the road was paid for by FEMA.

Commissioner Herschend stated that Parksley Lane is a public road and that it would not
be maintained because it has not been petitioned to have the county take it into the county
maintenance system. Commissioner Strahan noted that the first step is to petition the
Commission to maintain Parksley Lane so that we could settle issues like these. Commissioner
Strahan stated that he would like to visit with Mr. Wolfe and Mr. Wilson and see if there was a
resolution that all parties could come to agree on.

Mr. Hansen stated that according to the contract, he cannot bring any commercial
vehicles down the road, i.e. trash, utility, septic and etc. He also commented that there is
communication with the Corp of Engineers as far as discussing a solution and what the Corp of
Engineers are responsible for. Mr. Hansen was concerned that emergency vehicles cannot even
make it down the road. Commissioner Strahan commented that when a meeting with the Corp of
Engineers is scheduled that he would like to be a part of it.

Mr. Hansen submitted a signed petition to the Commission, reads as follows:

July 06, 2008

We the undersigned boat owners, property owners and customers of Highway K Marina respectfully
petition the Taney County Commission for road access to Highway K Marina using existing , county
maintained roadway, off K-10 Highway. We request the roadway be opened and ungated or keys provided
for our access.

Mr. Kelly Walker questioned why only part of the road is maintained. Commissioner
Herschend explained the emergency road was across private property. The Commission
concurred that they would help wherever necessary, but that the petition process had to be
followed to do so.

Ms. Yvonne Tucker asked the Commission how to get other property owners to give the
remaining 15 feet easement if they would not; currently there is only a 25 foot easement on the
road. Counselor Paulson stated that the only way to obtain the easement Ms. Tucker is asking
about is through condemnation or imminent domain. Commissioner Strahan commented that he
would have Counselor Paulson research every legal avenue to find a solution to the problem.

Mr. Preston stated that, according to the Corp of Engineers, the lake were created to
minimize the flood areas and they are doing exactly what they were created for and that
recreation was not the intent or purpose of the flood control facilities.

James Strahan, County Assessor, commented on the economics aspect of the situation.
Mr. Art Beck noted that Arkansas Fish & Game should fix up to 5 feet of the road.

Mr. Walker and Mr. Hansen inquired about getting rock, and filling in some of the ruts
and that they have the man power to complete the work, due to the road being public.
Commissioner Herschend stated that Bob would research it.

Commissioner Herschend moved to recess for 5 minutes. Commissioner Strahan
seconded the motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).
RECESS
10:39 a.m.

RECONVENE
10:45 a.m.

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 TANEY COUNTY COMMISSION RECORD

NUISANCE CASES

Commissioner Pennel made a motion to proceed forth with #04-367. Commissioner
Herschend seconded the motion. The motion passed by vote: Pennel (yes), Herschend (yes),
Strahan (yes).

Commissioner Herschend made a motion to deny #08-006, as there is only high grass and
one vehicle on the property. Commissioner Strahan seconded the motion if someone would go
take a look at the property to verify. Commissioner Pennel stated that we should verify and send
a letter expressing our concerns of the abandoned structure. Commissioner Herschend moved to
amend his initial motion to include what Commissioner Pennel stated. Commissioner Pennel
seconded the motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

EXECUTIVE SESSION

Commissioner Pennel made a motion to go into executive session pursuant to RSMo.
610.021 (1)(3). Commissioner Herschend seconded the motion. The motion passed by vote:
Pennel (yes), Herschend (yes), Strahan (yes).

Commissioner Herschend 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).

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

RECESS
10:55 a.m.

Minutes taken and typed by Nikki Lawrence.

RECONVENE
1:00 p.m.

The County Commission reconvened in the Commission Office with Chuck Pennel,
Presiding and Danny Strahan, Eastern Commissioner present.

FRANK PRESTON & TRESSA LUTTRELL
WORK SESSION

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

1. Timothy Road: Commissioner Pennel requested that a sign be placed on Timothy Road
to keep individuals from turning down that road as it is not a through road. After a brief
discussion, Commissioner Pennel will contact the land owner who should post the sign
since it’s on private property.

2. Lakeshore Drive: Mr. Preston indicated that he had a concern regarding the sewer line
being buried under the concrete culverts. Those lines will have to be moved before the
boxes can be placed.

Commissioner Pennel noted that he was concerned about waiting for the weather in order
to place the boxes. Mr. Preston asked if the boxes were to come in on Friday would the
Commission be willing to pay overtime for the weekend. Commissioner Pennel stated yes. A
general discussion regarding how to place the boxes around the sewer lines ensued throughout
the remainder of the meeting as new information arrived.
Commissioner Herschend entered the meeting @ 1:56 p.m.

3. Ace Pipe Cleaning: Mr. Preston presented the Commission with information regarding a
company who performs the cleaning of corrugated metal pipes. Mr. Preston noted that
Ace Pipe Cleaning currently is under contract with the City of Springfield and that he
would like to know if the Commission would be interested in the services.

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Commissioner Strahan made a motion to use Ace Pipe Cleaning on a trial basis with the
possibility of a full contract. Commissioner Herschend seconded the motion. The motion passed
by vote: Pennel (yes), Herschend (yes), Strahan (yes).

4. Underground Utility Bid: Ms. Luttrell presented the bids for underground utilities which
will provide emergency backup power for the West Barn and the Transfer Station in case
of an emergency. Ms. Luttrell noted that K&R Electric submitted the only bid in the
amount of 49,900.00.

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

5. Guardrail Installation Bid: Ms. Luttrell presented the bids for the installation of guardrail
noting that again Highway Safety Solutions submitted the only bid.

Commissioner Herschend made a motion to approve the bid as submitted by Highway
Safety Solutions. Commissioner Strahan seconded the motion. The motion passed by vote:
Pennel (yes), Herschend (yes), Strahan (yes).

6. Dump truck Repair Bid: Ms. Luttrell presented the Commission with the bids for the
repairs of unit #11. Ms. Luttrell explained that one bidder didn’t bid on all the items and
that another bidder added to the items stating that the county would need the additional
items for the repair.

Commissioner Strahan made a motion to table said bids until the county’s mechanic, Rex
Boone could review them. Commissioner Herschend seconded the motion. The motion passed
by vote: Pennel (yes), Herschend (yes), Strahan (yes).

7. Holiday Avenue: Commissioner Herschend made a motion to vacate as petitioned. The
motion died for a lack of a second. Commissioner Pennel commented he would be more
apt to second a motion to deny for a lack of information.

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

8. Casey Road: The Commission discussed an issue regarding a resident on Casey road
who believes their leech line had been damaged by the contractor. The Commission was
informed that the contractor would be digging up the area today at the contractor’s
expense to look for any damages or for ground water seepage.

9. Slope Plan at the new Jail Site: The County Commission had a general discussion
regarding the ground cover at the new jail site. Commissioner Herschend recommended
looking at crown vetch. Commissioner Pennel stated he would ask a landscape
contractor to come take a look at it.

10. Journal Entries: Ms. Luttrell presented some journal entries for final approval.
Commissioner Herschend made a motion to approve the journal entries as submitted.
Commissioner Pennel seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (yes).

11. Buena Vista: Commissioner Herschend noted that the Industrial Park that has been built
who wants to use the entrance past the mountain as their primary entrance for two years
without doing any work; and I believe that makes sense. They are continuing to work
with the State on an entrance for the Industrial Park. They will be using this as their
primary entrance until 2010. Their primary objection is to use Highway248. They just
want to know if they can use the entrance at Buena Vista until July 2010.

Mr. Preston noted that the entrance meets the County’s standards but not the State’s and
added that his only concern was should their construction equipment damage the road in those
two years will they be reimbursing the county. Commissioner Herschend commented that it

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would be hard to prove that they did. Both Commissioner Pennel and Commissioner Strahan
noted they didn’t have any problems with the idea.

RECESS
3:14 p.m.

Commissioner Strahan left the meeting.

RECONVENE
3:42 P.M.

12. Dave Crismon: Commissioner Pennel presented pictures that had been received from
Dave Crismon regarding the recent rains and noted that Mr. Crismon was requesting the
county to dig out the creek bed.

13. Retention Pond Testing: Commissioner Herschend made a motion that Sunbelt
Environment tests the East Side retention ponds also, receive the results and then go out
to bid for the cleanup and removal. Commissioner Pennel seconded the motion. The
motion passed by vote: Pennel (yes), Herschend (yes), Strahan (absent).

RECESS
4:40 p.m.

Minutes taken and typed by Tressa Luttrell.

JULY 8, 2008 2ND DAY OF
THE JULY ADJOURN TERM

The County Commission met in the Commission Office at 1:00 p.m. pursuant to adjourn
with Chuck Pennel, Presiding and Ron Herschend, Western Commissioner present and the
following proceedings were had and made a matter of record.

SEPTAGON
MONTHLY UPDATE

The County Commission met with representatives from Septagon Construction and HMN
Architects for a monthly update on the new Judicial Facility.

Commissioner Herschend made a motion to reduce Kennedy Contractors and Prestressed
Casting Co. retainage to 5%. Commissioner Herschend amended his motion to make the change
effective the next pay application. Commissioner Pennel seconded the motion. The motion
passed by vote: Pennel (yes), Herschend (yes), Strahan (absent).

Commissioner Herschend made a motion to approve CCD#10 which shortens the
driveway curb at the south driveway as requested by the Commission for an additional
$2,138.00. Commissioner Pennel seconded the motion. The motion passed by vote: Pennel
(yes), Herschend (yes), Strahan (absent).

Commissioner Herschend made a motion to approve placing a bottom rail on the chain
link fence around the communications tower and generator for an additional $893.00.
Commissioner Pennel seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (absent).

RECESS
2:14 p.m.

Minutes taken and typed by Tressa Luttrell.

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JULY 9, 2008 3rd DAY OF
THE JULY ADJOURNED TERM

The County Commission met in the Commission Office at 9:00 a.m. pursuant to adjourn
with Commissioner Pennel and Commissioner Strahan present and the following proceedings
were had and made a matter of record.

PAYROLL

Commissioner Strahan made a motion to approve payroll warrants:

General County Revenue #104571 through #104593

Road & Bridge #104541 through #104541 through #104564

Assessment Fund #104540, #104565 through #104566

Transfer Station #104567 through #104570

Accounts Payable Warrants #304619 through #304638, and Manual Warrants #4857, #4858

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

NUISANCE CASES

Commissioner Pennel made a motion to send a first letter to #08-0032. Commissioner
Strahan seconded the motion. The motion passed by vote: Pennel (yes), Herschend (absent),
Strahan (yes).

Minutes taken and typed by Nikki Lawrence.

JULY 11, 2008 4TH DAY OF
THE JULY ADJOURN TERM

The County Commission met in the Commission Office at 8:30 a.m. pursuant to adjourn
with Chuck Pennel, Presiding and Danny Strahan, Eastern Commissioner present and the
following proceedings were had and made a matter of record.

APPROVAL OF AGENDA

Commissioner Pennel made a motion to approve the agenda for July 14, 2008.
Commissioner Strahan seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (absent), Strahan (yes).

EXECUTIVE SESSION

Commissioner Pennel made a motion to go into executive session pursuant to RSMo.
610.021(1)(3). Commissioner Strahan seconded the motion. The motion passed by vote:
Pennel (yes), Herschend (absent), Strahan (yes).

Commissioner Herschend entered the meeting at 8:50 a.m.

Commissioner Pennel 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 or votes taken.

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CORPS OF ENGINEERS
MINIMUM FLOW

Representatives from the Corps of Engineers met with the Commission to discuss the
continued process for Minimum Flow. Mike Biggs indicated that the allocated uses for the lakes
from the Corps perspective were Flood Control, Hydro Power, Fish & Wildlife, Water Supply
and Recreational. And when working towards the minimum flow issue, the Corps has to look at
the National Economic Development Plan and determine the value of the impact to that area.

Mr. Biggs noted that from the 2004 report only the Norfork and Bull Shoals Lakes were
chosen, so they were present to speak about the roads that the Corps identified as areas of
concern.

Mr. Biggs pointed out that Slough Hollow, Beaver Creek and River Run were areas that
they took a look at. Data from 1942 through 2002 was reviewed for daily levels the lakes were
at, as well as looking at seasonal and annual reviews. They then ran the minimum flow scenarios
to compare information at the 660 level which revealed only a 15% change. Mr. Biggs stated
that River Run is still usable at the 660 level; the average change on a typical day is only 2 feet.

Mr. Biggs added that Slough Hollow would have to be fixed prior to minimum flow
being implemented and would be the responsibility of the Fish & Wildlife. It is estimated that
Slough Hollow would cost 1.5 million and that the Fish & Wildlife will either go in and take on
the project themselves or should the county wish, they would issue a one time lump sum
payment and the county perform the work.

Mr. Biggs noted that the County will be receiving copies of the new report by the 1st of
August for a chance to review prior to going public on the 8th of August.

RECESS
11:15 a.m.

Minutes taken and typed by Tressa Luttrell

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:

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 TANEY COUNTY COMMISSION RECORD
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.

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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.)

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 TANEY COUNTY COMMISSION RECORD
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.

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 TANEY COUNTY COMMISSION RECORD

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.

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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

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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.

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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.

JULY 15, 2008 6th DAY OF
THE JULY ADJOURNED TERM

The County Commission met at the Merriam Woods Village Complex at 7:00p.m.
pursuant to adjourn with Commissioner Pennel and Commissioner Strahan present and the
following proceeding were had and made a matter of record.

PARK BOARD WORK SESSION

Commissioner Pennel and Commissioner Strahan attended the Park Board Work Session,
where the Ten Year Plan was discussed.

Minutes were typed by Nikki Lawrence.

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JULY 16, 2008 7TH DAY OF
THE JULY ADJOURN TERM

The County Commission met in the Commission Office at 9:10 a.m. pursuant to adjourn
with Chuck Pennel, Presiding and Danny Strahan, Eastern Commissioner present and the
following proceedings were had and made a matter of record.

WAYNE DIETRICH
UNIVERSITY EXTENSION

Wayne Dietrich, Director for the University Extension met with the Commission to
request an addition $1,000 for the 2009 Step up to Leadership training. Mr. Dietrich noted that
he was present today versus the budget due to getting everything in line for the training should
the Commission approve the additional funding.

Commissioner Strahan made a motion to approve the $1,000 request for the program.
Commissioner Pennel seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (absent), Strahan (yes).

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. Counselor Paulson advised the Commission of
some additional things had come up since Monday. Commissioner Pennel, after a brief
discussion, noted that he would like to see everyone fill out a request form for Mr. Paulson’s
services.

AMEND AGENDA
LAKESHORE DRIVE

Commissioner Pennel made a motion to amend the agenda to speak about the Lakeshore
Drive Bridge. Commissioner Strahan seconded the motion. The motion passed by vote: Pennel
(yes), Herschend (absent), Strahan (yes). Due to the emergency situation regarding the
Lakeshore Drive Bridge, 24 hour notice could not be provided.

Frank Preston, Road & Bridge Superintendent reported that blocks similar to what is at
the Judicial Facility could be used for the flair ends to the box culverts. Mr. Preston noted that
he had phone quotes from both Dura-Kast and Si-Precast for approximately 138 blocks.

Commissioner Strahan stated he would like to have a written recommendation from
Spencer Jones of Great River Engineering for the use of the blocks. Mr. Preston added that he
was requesting approval of the purchase from Dura-Kast in the amount of $11,592.00. Mr.
Preston added that Dura-Kast’s blocks has a better interlocking system on the bottom row
whereas Si-Precast’s blocks were irregular sizes.

Commissioner Strahan made a motion to approve an emergency purchase from Dura-
Kast for $11,592.00. 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 approve the advancement of 29 hours of
vacation time to Charles Edwards. Commissioner Pennel seconded the motion. The motion
passed by vote: Pennel (yes), Herschend (absent), Strahan (yes).

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

PARKSLEY / K-DOCK

Commissioner Pennel brought up the Parksley/K-Dock issue and asked since
Commissioner Strahan has had some time was he ready to make a decision. Commissioner
Strahan noted that he had spoken with the residents working on the petition and they have
indicated they had the cooperation from everyone with the exception of one, who they were still
waiting on.

Commissioner Pennel asked if Commissioner Strahan still didn’t want to approve the
emergency motion and repeated his motion from the Commission Meeting on 7/14/08.
Commissioner Strahan commented that he wanted to wait until the petition was turned in.
Commissioner Pennel asked if Commissioner Strahan was working towards taking the road in
for maintenance for here on out. Commissioner Strahan stated yes.

Commissioner Pennel noted that he was against that, that with the exception for the
emergency road the county would be taking on the building of a road out of a goat trail and
reiterated that was the reason he would like to see a one time emergency fix done.

Commissioner Pennel added that it wasn’t fair to ask other individuals to bring their
roads up to county specifications and not this one. This is to just get emergency vehicles down
the road until the water is down. Commissioner Strahan indicated that he was not intending on
taking in the road where there is no houses, only where the 9 homes currently are.

Mr. Preston noted that his concern was that this road was no different than Blue Ridge;
emergency vehicles could not travel that road either. Commissioner Pennel noted that Blue
Ridge residents have another way to their property; Parksley has a lake preventing the entrance.
Commissioner Strahan again stated he would like to check with Ms. Tucker as they have done a
lot of work on the petition.

AMEND AGENDA

Commissioner Pennel made a motion to amend the agenda to move the Conoco Phillips
contract up 10 minutes due to a funeral. Commissioner Strahan seconded the motion. The
motion passed by vote: Pennel (yes), Herschend (absent), Strahan (yes).

CONOCO PHILLIPS
CONTRACT

Commissioner Strahan made a motion to approve the contract between Conoco Phillips
and The Taney County Airport as recommended by Mark Parent, Airport Manager and reviewed
by Counselor Paulson. Commissioner Pennel seconded the motion. The motion passed by vote:
Pennel (yes), Herschend (absent), Strahan (yes).

RECESS
10:24 a.m.

Minutes taken and typed by Tressa Luttrell.

JULY 17, 2008 8th DAY OF
THE JULY ADJOURNED TERM

The County Commission met at the Hollister Town Hall at 2:30 p.m. pursuant to adjourn
with all members present and the following proceeding were had and made a matter of record.

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PARTNERS FOR PROGRESS

The County Commission attended the monthly Partners For Progress meeting to discuss
transportation issues in Taney County.

Minutes were typed by Nikki Lawrence.

JULY 18, 2008 9TH DAY OF
THE JULY ADJOURN TERM

The County Commission met in the Commission Office at 11:03 a.m. pursuant to adjourn
with Chuck Pennel, Presiding and Ron Herschend, Western Commissioner present and the
following proceeding were had and made a matter of record.

BEE CREEK
ASPHALT

Commissioner Herschend made a motion to approve the additional amount from
Journagan Construction to lay asphalt on Bee Creek this upcoming Tuesday, July 22, 2008. This
locks in the price of asphalt. Commissioner Pennel seconded the motion. The motion passed by
vote: Pennel (yes), Herschend (yes), Strahan (absent).

It should be noted that Commissioner Pennel spoke with Sewer Board Members; Roy Combs,
Ron Daniels and Williams Cummings who all voted to go with Journagan.

Minutes taken by Christy Teel.

JULY 21, 2008 9th DAY OF
THE JULY ADJOURNED TERM

The County Commission met in the Associate Circuit Courtroom at 9:02 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 Pastor Fred Zumalt followed by the pledge.

ACCOUNTS ALLOWED

Commissioner Herschend made a motion to approve accounts payable warrants
#304741-304855 and manual warrant #4861-4862 and 4865. Commissioner Strahan seconded
the motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

PRIOR MINUTES

Commissioner Herschend made a motion to table prior Commission Minutes dated
7/11/08, 7/14/08, 7/15/08, 7/16/08 and 7/17/08 until 1:00 p.m. this afternoon. Commissioner
Pennel seconded the motion. The motion passed by vote: Pennel (yes), Herschend (yes),
Strahan (yes).

SHADY LANE ROAD PETITION

Commissioner Pennel stated that Randy Haes, Road & Bridge Coordinator, visited Shady
Lane last week and submitted a road review to the Commission. Commissioner Pennel read Mr.
Haes’ recommendation and it read as follows:

This road should be surveyed so the right of way could be cleared. The road surface needs to be widened and
property crowned with aggregate added to the surface. The main entrance onto the State hwy should be widened

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and the sight line to the north be cleared of vegetation. The ditch-lines on this road should be cleaned and excavated
where needed. The concrete cross culvert should be replaced with a longer and larger size. The metal cross culvert
should be longer for proper road width. There are entrances that need culverts installed. There needs to be right of
way acquired for a turnaround at the end of the roadway. I would recommend a class V if taken into the county
system. Estimated cost to bring the road to a gravel surface standard $15,000.00-$20,000.00.

Commissioners’ Pennel and Strahan both reviewed the road on a DVD that was provided
by Mr. Haes. They both concurred that traffic count on that road was on the lower end of the
spectrum.

Commissioner Strahan made a motion to accept Shady Lane into the county maintenance
system as a Class VI. A general discussion ensued regarding road standards. Commissioner
Strahan withdrew his motion.

Commissioner Strahan made a motion to table. Commissioner Herschend seconded the
motion due to questions about right of way, easements and turnaround. The motion passed by
vote: Pennel (yes), Herschend (yes), Strahan (yes).

PARKSLEY/BOOKOUT ROAD PETITION

Ms. Yvonne Tucker, property owner on Bookout Road, submitted a road petition to the
Commission. Along with the petition, she also included a complete list of all property owners on
both roads.

The Commission discussed whether or not there were adequate easements, which are
required to accept any road into the maintenance schedule. Ms. Tucker questioned what her next
step was.

Ms. Tressa Luttrell, County Administrator, explained the petition process. Commissioner
Herschend encouraged Ms. Tucker to meet with Mr. Preston to discuss ROW and stated there
needed to be legal descriptions for all property owners on Parksley and Bookout Road.
Commissioner Pennel noted that he is not in favor of the petition.

Ms. Barbara Kemm, property owner of Lots 1, 2, 3 on Parksley, commented on the
easement situation and inquired as to when it was recorded. She also stated that there were
utility poles and a structure within the 40-foot easement. Ms. Kemm questioned what the
procedure on culverts was. Commissioner Herschend stated that it is typical for the property
owner to purchase the culverts and the county would install them.

Commissioner Strahan commented on the situation being an emergency and that it was a
safety issue. He also reiterated that in a prior Commission meeting he stated that he would
approve it.

Commissioner Strahan made a motion to take in the road on an emergency basis.
Commissioner Herschend stated that he would not second the motion as the Commission has a
procedure to follow when accepting a road into the county system and noted there must be some
clarification on the 40 feet easements along the road(s). Commissioner Strahan noted a sense of
urgency, to get an emergency road, has been lost.

Commissioner Herschend stated that a copy of the petition would be sent over to the
County Clerk’s office for verification of signatures, one to the Road & Bridge Department for a
road review, and added that by law, the county has 28 days.

Motion died for lack of a second.

Commissioner Pennel made a motion that the county put rock on the road and do a very
minimal amount of equipment work to make it passable for emergency vehicles. Commissioner
Herschend asked Mr. Paulson what position the county would be in legally if county funds are
expended in an emergency on private property and could the county legally say that this is an
emergency. Counselor Paulson stated that when it was a public road, there was absolutely no
problems but when the county does work on a private road, he would have to do some further
research.

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 TANEY COUNTY COMMISSION RECORD

Commissioner Pennel added to his earlier motion that it was contingent upon Mr. Paulson
reviewed documents from the Recorder’s Office.

Commissioner Herschend made a motion to table until 1:30 p.m. this afternoon to have
Mr. Paulson review documents that Ms. Tucker obtains from the Recorders Office.
Commissioner Herschend added that he would not second Commissioner Pennel’s motion with
only having a small amount of information regarding the recorded plat.

Commissioner Pennel asked Commissioner Strahan to reconsider and to second the
motion. Commissioner Strahan in turn asked Commissioner Pennel if he would be in support if
all of the requirements were met. Commissioner Pennel stated that at this point of the process it
would be no, but indicated that Commissioner Herschend would be in support if all the
documents were in place.

Ms. Kim Reece, property owner, stated that there was a recorded easement of 40 feet on
Parksley since 1953.

Commissioner Pennel restated his earlier motion. Motion died for lack of being
seconded.

Commissioner Herschend moved to take in Bookout Road/Parksley, as a Class VI,
contingent upon verified signatures and all of the other required documentation. He also added
that while waiting for the report from Road & Bridge and verification of signatures, the county
authorize whatever work needs to be done to make the road passable. Commissioner Strahan
seconded the motion.

Commissioner Pennel questioned why there was no mention of property owners having
to purchase culverts in the motion. Commissioner Herschend and Commissioner Strahan
concurred that it is the county’s policy for property owners to purchase culverts and the county
will install them.

The motion passed by vote: Pennel (no), Herschend (yes), Strahan (yes).

RECESS
10:03 a.m.

RECONVENE
10:10 a.m.

LESTER MILLIRON
SEWER/WATER ISSUES ON CAMP

Mr. Lester Milliron stated that due to tinhorns and culverts installed for a low water
bridge in his neighborhood, water has been shooting across his property. He also requested that
the issue be fixed or reconsider reinstalling the low water bridge as it was prior to all the work
that was done.

Commissioner Herschend commented that there were several issues with this situation
and that a couple of issues have already been resolved, but all rip rap has been washed down
stream. He has visited Mr. Milliron’s property and noted that he is uncomfortable working
outside of a county right-of-way without permission from property owner. Mr. Milliron agreed
to have the county investigate the problem on his property.

Commissioner Herschend asked Mr. Preston to request Great River Engineering to come
back to the site and take another look to evaluate the situation. He also questioned the
Commission if permission would be given for Road and Bridge to work on private property.
Commissioner Pennel stated that he would like to evaluate the situation before a decision is
made.

Commissioner Strahan made a motion to table until Great River Engineering is able to
meet with the county and that at least 2 Commissioners go look at the property in question before
a decision is made. Commissioner Herschend seconded the motion and also commented that it
needs to happen within the next couple of weeks. Mr. Milliron gave permission for the county to

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go onto private property. Mr. Paulson stated that he would work on completing a hold harmless
agreement, as the current agreement needs to be customized to this situation. The motion passed
by vote: Pennel (yes), Herschend (yes), Strahan (yes).

PLANNING & ZONING
HEIGHT RESTRICTION

Commissioner Herschend moved approval on the proposed amended Height Restriction
to the Planning & Zoning Code, which has previously been approved by the Taney County
Planning Commission on 6/16/08 titled Taney County Height Regulations pages 1, 2 & 3.
Commissioner Pennel seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (no).

Commissioner Herschend made a motion that the new Height Regulations replaces all
existing height restriction codes. Commissioner Pennel seconded the motion. The motion
passed by vote: Pennel (yes), Herschend (yes), Strahan (no).

ANGELA LEIST
FORSYTH BALL FIELD PROPOSAL

Ms. Angela Leist submitted a proposal to the Commission as followed:

The City of Forsyth has asked the Park Board to support their Ball Field Project on the Oremus property. The ball
fields are but one of the unmet recreational needs of county residents. The need for ball fields will only become
greater with the likelihood that Shadow Rock Park will be under water more often. The Park Board is developing a
plan that addresses those unmet needs, but with our limited budget, it will take many, many years to see our vision
of a county park realized. The City’s project would provide a place for ball teams to play by Spring 2009 and would
take some of the pressure off of the county to provide such a facility.

The overwhelming opinion of the board is that Taney County should find a way to help move Forsyth’s project
forward, whether with contingency funds or the use of equipment.

Commissioner Pennel stated that he was present at the last Park Board meeting and the
Park Board suggested requesting $50,000 for the project. Ms. Leist commented that the City is
attempting to stretch their dollars by using county equipment and labor for the purpose of
clearing and leveling in preparation of the fields. Commissioner Pennel commented that he had
additional concerns with funding after speaking with Auditor Findley.

Commissioner Pennel made a motion to table for 2 weeks, so that the Commission could
speak with Mr. Findley, and make sure there is money in the budget. Commissioner Herschend
seconded the motion. Mayor Oliphant stated that there is a verbal agreement, and pending the
Forsyth City Council Meeting, to obtain 8 additional acres of completely flat land that adjoin the
current land previously discussed.

Commissioner Herschend asked Mayor Oliphant what the total cost was of the project.
Mayor Oliphant stated that it is approximately $75,000 per field and there will be 2 fields. The
motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

HELEN SOUTEE
SEMI-ANNUAL TREASURER’S REPORT

Ms. Helen Soutee, County Treasurer, the following Semi-Annual Report:

FINAL SETTLEMENT AND INVESTMENT REPORT
OF TANEY COUNTY TREASURER

HELEN SOUTEE

AS OF JUNE 30, 2008

Total Budget Funds $51,408,292.64

Total Treasurer’s Funds $ 1,093,068.50

Grand Total All Funds $52,501,361.14

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The attached report illustrates detailed fund balances, with the far right hand column, (Year to date) providing the
breakdown of each fund. Beginning with balances as of January 1, 2008, revenues and expenditures and ending
balances per fund as of June 30, 2008. This report is per RSMO 54-150 regarding the semi-annual settlement
delivered to the Taney County Commission.

Investments and breakdown of cash on hand by the County Treasurer’s Office as of June 30, 2008 are as follows:

Total Cash in Cash Account $ 5,224,666.51
Certificates of Deposit $16,280,678.10
U. S. Agency Investments $30,996,016.53

Total All Cash $52,501,361.14

JOHN HOOKER, SEWER DAILY OPERATIONS MANAGER
INFILTRATION STUDY

Commissioner Herschend made a motion to approve an Infiltration Study as
recommended by John Hooker, Daily Operations Manager for the Sewer District. Motion died
for a lack of a second.

Mr. Hooker stated that there was a large problem in Riverside Estates in that the sewer
bills continue to increase and that the county is paying to treat ground water. Mr. Hooker also
commented on rainwater running off and getting into the sewer lines, which the county is paying
for. He noted that the Sewer Board had previously approved an infiltration study, but looking for
final approval from the Commission.

Commissioner Pennel asked Mr. Hooker what the estimated cost for this study would be.
Mr. Hooker stated that there is an estimate of $24,000 and that he would like to bid out the job.

Commissioner Strahan made a motion to approve the study. Commissioner Herschend
seconded the motion for discussion and asked if the Sewer Department had the funds for this
study. Mr. Hooker stated that this fall under capital improvements. The motion passed by vote:
Pennel (yes), Herschend (yes), Strahan (yes).

BILLBOARD LEASE

Commissioner Pennel made a motion to approve the billboard lease for Golden Partners
DBA Golden Corral. Commissioner Strahan seconded the motion. The motion passed by vote:
Pennel (yes), Herschend (yes), Strahan (yes).

MILEAGE RATES

Ms. Luttrell received notification from the State of Missouri that effective 7/1/08 the
mileage rate had been increased from 45.5 to 47.5. Commissioner Strahan made a motion to
approve the increase. Commissioner Pennel seconded the motion. Auditor Findley requested to
move the effective date beginning 8/1/08.

Commissioner Strahan amended his motion noting the effective date of 8/1/08.
Commissioner Pennel amended the second. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (yes).

FLOODING UPDATE

Mr. Chris Berndt, Emergency Management Director, noted that FEMA had approved
individual assistance in Taney County for the second event noting residents/business owners will
need to re-apply even if they applied with the first event. He also commented that K-Dock
owners could apply and receive assistance. Mr. Berndt commented that he would know by the
end of the week whether or not public assistance has been approved by FEMA. He added that
there is a briefing scheduled on August 1st at 8:30 a.m., which will be held at the Taney County
Airport.

Commissioner Strahan added that he would like media coverage to ensure that the public
is aware of the public assistance being approved by FEMA.

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RECESS
11:05 a.m.

Minutes taken and typed by Nikki Lawrence.

RECONVENE
1:05 p.m.

The County Commission reconvened in the Commission Office with Chuck Pennel,
Presiding and Danny Strahan, Eastern Commissioner present.

BOB PAULSON
WORK SESSION

Counselor Paulson gave the Commission a brief update on legal issues and discussed the
weekly schedule and upcoming cases.

SEPTAGON
WEEKLY UPDATE

Mike Smith, Septagon Construction gave the Commission a weekly update on the
Judicial Facility. Commissioner Strahan made a motion to replace the electric flush valves on
the staff toilets with manual valves where electric wasn’t provided. Commissioner Pennel
seconded the motion. The motion passed by vote: Pennel (yes), Herschend (absent), Strahan
(yes).

Commissioner Herschend entered the meeting at 1:28 p.m.

CASEY ROAD

Commissioner Strahan made a motion to approve Change Order number 4 Alt 1 in the
amount of $215,000.00 for road stabilization on phase two. Commissioner Pennel seconded the
motion. The motion passed by vote: Pennel (yes), Herschend (no), Strahan (yes).

Commissioner Pennel made a motion to deny Change Order number 4. Commissioner
Strahan seconded the motion. The motion passed by vote: Pennel (yes), Herschend (no),
Strahan (yes).

SHADOWROCK TRAIL

Frank Preston, Road Superintendent presented the Commission with the final
reimbursement papers for the Shadowrock Trail grant. Commissioner Pennel made a motion to
approve the documentation for MoDot for the Shadowrock Trail and for Mr. Preston to confirm
that the county will receive the reimbursement. Commissioner Herschend seconded the motion.
The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

Mr. Preston noted that FEMA will not even consider reimbursing for the trail nor for the
work done on Forsyth-Taneyville road. Commissioner Strahan requested to see the information
regarding the water height on said road as the road was based on the information given to the
Commission.

FRANK PRESTON & TRESSA LUTTRELL
WORK SESSION

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

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1. Bee Creek: Mr. Preston inquired as to how far the County would be paving on the Bee
Creek project. Commissioner Herschend noted that the County will go to the bridge and
SJL will take it from there.

Mr. Preston further commented that Journagan Construction has quoted the new prices
for the asphalt due to the recent oil increases. Mr. Preston stated that Journagan has agreed to
lock in at $65.00 a ton for approximately 2,300 tons costing around $82,000. Commissioner
Strahan made a motion to approve said change. Commissioner Pennel seconded the motion.
The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

It should be noted that the pricing is only locked in for thirty days.

INTERNET TASK-FORCE GRANT

Commissioner Strahan made a motion to approve the Tri-Lakes Regional Crimes Task
Force Internet Crimes Grant as presented by Sheriff Russell. Commissioner Herschend
seconded the motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

DAMAGED PATROL CAR

Sheriff Russell informed the Commission that a recently totaled vehicle was reviewed by
the insurance company who gave the County $7,500 for the vehicle. Mr. Russell noted that the
vehicle would need to be replaced and that he had spoken with Gordon Cupp from Tri-Lakes
Ford who has agreed to keep the bid price previously given. With the insurance payment, the
balance for the vehicle is $15,563.

Commissioner Strahan made a motion to approve the request. Commissioner Herschend
asked if Sheriff Russell would be taking the funds out of one of his other funds. Sheriff Russell
noted that those funds were already designated. Commissioner Herschend asked about the
replacement of the fleet for the 2009 budget. Sheriff Russell indicated that this vehicle would
have been replaced in the 09 budget therefore, one less vehicle would be requested.
Commissioner Pennel seconded the motion, noting that the funds would come out of the
contingency fund. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

RECESS
2:27 p.m.

RECONVENE
2:34 p.m.

EXECUTIVE SESSION

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

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.

Commissioner Strahan left the meeting.

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FRANK PRESTON & TRESSA LUTTRELL
WORK SESSION
CONT.

1. Detector/Scanner Bid: Ms. Luttrell presented the Commission with the bids for a
Security Detector and Scanner for the new Judicial Facility noting that only one bid was
received for the Detector and nothing was received for the Scanner.

Commissioner Herschend made a motion to accept the bid as offered by World Wide
Sales. Commissioner Pennel seconded the motion. After general discussion, Commissioner
Pennel made a motion to table said bid. Commissioner Herschend seconded the motion. The
motion passed by vote: Pennel (yes), Herschend (yes), Strahan (absent).

Commissioner Herschend noted that he would do some research to take care of the Detector.

2. Tipping Services: Ms. Luttrell presented the Commission with the bids for the annual
tipping services noting that the prices have gone up as expected. Ms. Luttrell noted that
the City of Springfield also offered a 2.5% discount for pre-paid vouchers.

Commissioner Herschend made a motion to approve the Tipping Services bid with
Springfield Relay as the primary vendor and Waste Corp as the secondary vendor.
Commissioner Pennel seconded the motion.

Commissioner Pennel asked if the County would use the City of Springfield.
Commissioner Herschend stated no. The motion passed by vote: Pennel (yes), Herschend (yes),
Strahan (absent).

3. Mailing Services: Ms. Luttrell presented the Commission with the bids for Mailing
Services for the Collector noting that only one bid was received from Ozark Mailing
Services. Ms. Luttrell added that Collector Wyatt had contacted the Post Office and
reported that Ozark Mailing Services would be a cost savings to the County.

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

4. Computer/Monitor bids: Ms. Luttrell presented the Commission with the bids for
computers and monitors for the Sheriff’s Department’s use in the new Judicial Facility.
Ms. Luttrell noted that Gary Morgan, IS Administrator had reviewed the bids and was
recommending CDW-G. Ms. Luttrell added that the bid was for 18 computers and 24
monitors.

Commissioner Herschend made a motion to table said bids and ask Sheriff Russell to
explain why so many pieces of equipment were needed. Commissioner Pennel seconded the
motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (absent).

5. Flood Victims/Transfer Station: Commissioner Pennel noted that the Governor had
extended the dumping of debris due to the recent flooding and inquired if the
Commission should extend the free dumping at the Transfer Station. Commissioner
Herschend commented that there had been a couple of inquiries and commented that
Karen should use her best judgment on a case by case basis.

6. Subdivision Approval: Commissioner Herschend commented that the County was
approving new subdivisions behind existing subdivisions causing the construction traffic
to go right through the existing subdivision. Where there is not a County road, the
County is putting the burden of the road repairs on the citizens

Commissioner Herschend commented that he would like to have a work session on the
issue as there seems to be a problem somewhere, something is missing.

7. Animal Control Adoptions: Commissioner Pennel commented that Petco’s grand
opening was this Saturday and they would like to have animal control bring some animals

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for adoption from 9:00 a.m. to 1:00 p.m. Commissioner Herschend made a motion to
approve the event and the overtime for the employees. Commissioner Pennel seconded
the motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (absent).

RECESS
3:30 p.m.

Minutes taken and typed by Tressa Luttrell.

JULY 23, 2008 11TH DAY OF
THE JULY ADJOURN TERM

The County Commission met in the Commission Office at 9:00 a.m. pursuant to adjourn
with Chuck Pennel, Presiding and Danny Strahan, Eastern Commissioner present and the
following proceedings were had and made a matter of record.

PAYROLL

Commissioner Pennel made a motion to approve payroll warrants:

General County Revenue #104595 through #104596, 104628 through #104649

Road & Bridge #104598 through #104621

Assessment Fund #104597, #104622 through #104623

Transfer Station #104624 through #104627

Accounts Payable Warrants #304890 through #304913, manual warrants #4868, #4869

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

EXECUTIVE SESSION

Commissioner Herschend entered the meeting.

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

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).

COMPUTER/MONITOR BID

After a brief discussion with Sheriff Russell, Commissioner Herschend made a motion to
approve the bid as recommended to CDW-G for computers and monitors for the Sheriff’s
Department. Commissioner Pennel seconded the motion. The motion passed by vote: Pennel
(yes), Herschend (yes), Strahan (yes).

EXECUTIVE SESSION

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

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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).

RECESS

RECONVENE
2:10 p.m.

The County Commission reconvened with Chuck Pennel, Presiding and Ron Herschend,
Western Commissioner present.

EXECUTIVE SESSION

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

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

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

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

Minutes taken and typed by Tressa Luttrell.

JULY 24, 2008 12TH DAY OF
THE JULY ADJOURN 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.

INDUSTRIAL DEVELOPMENT
BOARD

The County Commission met with members of the Industrial Development Board to
discuss a variety of issues. Cy Murray, Chairman noted that the board is going to make the
$60,000 that the Commission has approved in the budget work and should it get to a point where
the board feels like they need additional funding they will come back to the Commission.

Mr. Murray noted that they were looking to hire a full time staff person and had received
some good resumes. The search was narrowed down to five individuals; two in the county and
three out of college.

Mr. Murray informed the Commission that the board was still short one board member
since Buddy Roberts resigned and recommended Dean Harmon. Commissioner Herschend
stopped Mr. Murray and commented that the Commission should address one issue at a time.

Commissioner Herschend made a motion to support the IDA another year.
Commissioner Pennel seconded the motion. Commissioner Strahan noted that he didn’t
understand as the Commission had already approved the 2008 budget and noted that he was
willing to look at more than the 60,000 if they could get a more qualified individual hired.
Commissioner Herschend amended his motion adding that the support would be at a minimum of

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60,000.00. Commissioner Pennel amended his second. The motion passed by vote: Pennel
(yes), Herschend (yes), Strahan (yes).

Commissioner Herschend made a motion to appoint Dean Harmon to the Industrial
Development Board. Commissioner Pennel seconded the motion. The motion passed by vote:
Pennel (yes), Herschend (yes), Strahan (yes).

Mr. Murray indicated that the board would like to move the office to the Taney County
Airport and would be meeting with the Airport Advisory Board soon. Commissioner Herschend
added that the County should build an office as well as a conference room there. Commissioner
Pennel added that they should look at the space where the Wings of the Ozarks are currently
located as they will be moving.

Mr. Murray presented the Commission with some materials regarding Industrial
Development Bonds and Economic Incentives Comparison.

Mr. Murray indicated that the board was looking to hire in mid August. Commissioner
Herschend asked who the individual reports to on a daily basis. Mr. Murray noted that they are
hoping the individual will be self motivating, but will meet weekly with the Chairman as well as
keeping the remaining board members up to date.

Minutes taken and typed by Tressa Luttrell.

JULY 25, 2008 13TH DAY OF
THE JULY ADJOURN TERM

The County Commission met in the Commission Office at 3:22 p.m. pursuant to adjourn
with Chuck Pennel, Presiding and Ron Herschend, Western Commissioner present and the
following proceedings were had and made a matter of record.

TASK FORCE GRANT

Commissioner Herschend made a motion to approve the Tri-Lakes Regional Crimes Task
Force-Internet Crimes Grant. Commissioner Pennel seconded the motion. The motion passed
by vote: Pennel (yes), Herschend (yes), Strahan (absent).

Minutes taken by Christy Teel.

JULY 28, 2008 14th 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 Commissioner Pennel followed by the pledge.

ACCOUNTS ALLOWED

Commissioner Strahan made a motion to approve accounts payable warrants #304857-
304889 and manual warrant #4866-4867. Commissioner Herschend seconded the motion. The
motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

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PRIOR MINUTES

Commissioner Herschend made a motion to approve prior Commission Minutes dated
7/11/08, 7/14/08, 7/15/08, 7/16/08 and 7/17/08. Commissioner Strahan seconded the motion.
The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

SHADY LANE ROAD PETITION

Commissioner Pennel commented that Shady Lane Road Petition was read into record at
last weeks meeting and was tabled so that Mr. Preston, Road & Bridge Superintendent, could go
view the road. Mr. Preston asked if the Commission had an opportunity to view the DVD that
was taken on Shady Lane. The Commission concurred that they had.

A general discussion took place regarding where the turnaround could be placed.
Commissioner Strahan made a motion to accepted Shady Lane in the county maintenance system
contingent upon placing the turnaround at the section of the road where there is a Y/60° angle in
the road. Mr. Preston commented the road had good ledge rock but culverts would need to be
added. Commissioner Pennel hesitated to second Commissioner Strahans motion for lack of
specifics on the turnaround. Motion died for lack of a second.

Commissioner Herschend made a motion to table until there was a discussion about the
culverts, location of the turnaround as well as communicating this with the petitioner, which will
be done by Mr. Preston. Commissioner Strahan seconded the motion. The motion passed by
vote: Pennel (yes), Herschend (yes), Strahan (yes).

STONE TREE DRIVE PETITION

Mr. Preston noted that Stone Tree Drive is the circular road that gives access to Meeks
Lumber and L & J Plumbing Supply, which is located off of Buchanan Road. He commented
that the road is in great condition with curb and guttering along with a 60 foot right-of-way. Mr.
Preston also noted that it is a commercial development. Commissioner Herschend commented
on the policy that was in place, which is that the road has to be in place 4 years after the first
house is built or 75% established.

Commissioner Pennel read Stone Tree Drive Petition into the record as follows:

Petition for Establishment Change or Relocation of Public Road located in Branson Township and
described as Section 8, Township 23N, and Range 21W.

Commissioner Herschend made a motion to table until the Commission investigates
whether or not it meets the 4 year guidelines. Motion died for lack of a second.

Commissioner Pennel made a motion to accept Stone Tree Drive into the County Road
System as a Class II as recommended. Commissioner Strahan seconded the motion. The motion
passed by vote: Pennel (yes), Herschend (no), Strahan (yes).

ROB DIXON,
HOLLISTER CHAMBER OF COMMERCE

Mr. Rob Dixon formally introduced himself to the Commission as the new Director of
Operations with the Hollister Area Chamber of Commerce. He also noted that his current focus
is to strengthen the partnership between the City of Hollister and Taney County. Mr. Dixon
informed the Commission of some upcoming events:

-August 14th > Chamber Luncheon (held the 2nd Thursday of each month)
-September 27th > 10th Annual Grape and Fall Festival

The Commission noted that they appreciated the relationship with the City of Hollister
and also stated that they would like to have the same type of relationship with other
municipalities within the county.

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Mr. Dixon commented on the progress of the Water Park development that is located at
the Hollister Interchange on Highway 65 and the bulk of the current construction is located
behind the ridge, so it may be difficult to see at this point.

BLANSIT ROAD
NO PARKING SIGNS

Mr. Steve Lane stated that several Walnut Shade residents meet last week with Sheriff
Russell and Prosecutor Merrell to discuss suggestions on how to handle the Blansit Road issue.
He also commented that several possible solutions were discussed, along with no parking on the
road.

Mr. Lane respectfully requested to have no parking signs installed on Blansit Road.
Commissioner Herschend moved to approve installing and spacing no parking signs all along
Blansit Road from the Highway 160 bridge to the county low water crossing.

A general discussion ensued about the number of signs that would need to be placed and
the location of them. Motion died for lack of a second.

Counselor Paulson stated that if there needed to be no parking signs on both sides, then
the Commission could make a motion to do so.

Sheriff Russell reminded the citizens of Blansit Road that if there is no parking
throughout the road, property owners would also have to abide by that law. He also
recommended that there be no parking signs placed on both sides of the road.

Commissioner Pennel asked Counselor Paulson if the Commission needed to make a
motion because this would be covered under the No Parking Ordinance. Counselor Paulson
read paragraph 4 of the No Parking Ordinance, which covers no parking signs on the street.

Mr. Preston recommends 1-2 large signs at the beginning of the road. The Commission
concurred.

NUISANCE CASES

Commissioner Pennel made a motion to table until the Commission reconvenes at 1:00
p.m. today. Commissioner Herschend seconded the motion. The motion passed by vote: Pennel
(yes), Herschend (yes), Strahan (yes).

PARK BOARD REQUEST FOR FUNDING

Commissioner Pennel stated that last week, Angela Leist, Park Board Secretary,
approached the Commission with the idea of using $50,000 out of the county GCR to assist the
City of Forsyth to help build ball fields.

Commissioner Pennel stated that he spoke to Auditor Findley and noted that this would
be a one time expense. Commissioner Pennel made a motion to approve $50,000 to assist the
City of Forsyth. Commissioner Herschend seconded the motion for discussion. A general
discussion ensued about viewing a plan and exactly how the monies would be allocated to the
City of Forsyth.

Commissioner Pennel amended his motion to approve $50,000 in cash to assist the City
of Forsyth. Commissioner Herschend seconded the motion. Commissioner Strahan noted that
he had no problems assisting the City of Forsyth as long as plans are presented to and approve by
the Commission. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

TANEYCOMO BRIDGE COST SHARING APPLICATION

Commissioner Pennel stated there was a deadline of August 1st to have the Cost Sharing
Application turned in to MoDOT, but it will be extended due to MoDOT finishing up their end
of the application. He questioned whether the Commission should reaffirm their commitment to
the monies. Commissioner Herschend stated that there is nothing to reaffirm until MoDOT
comes back with a revised plan.

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Commissioner Strahan commented that he spoke with Congresswoman Emerson’s office
and the bill that was introduced for the Taneycomo Bridge and the widening of Highway 160 &
Coy Blvd. is still trying to be passed.

TANEY COUNTY AIRPORT INTERGOVERNMENTAL AGREEMENT
FOR WESTERN TANEY COUNTY FIRE

Counselor Paulson called on Chris Berndt to present the Taney County Airport
Intergovernmental Agreement for Western Taney County Fire. Mr. Berndt stated that he is
requesting a renewal of the agreement. He also noted that this agreement would be from August
1, 2008 to January 1, 2010.

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

FLOOD UPDATES

Mr. Berndt informed the Commission that on Friday, August 1st, there will be a briefing
for public assistance, which will be located at the Taney County Airport.

PARK REPORTS

Commissioner Strahan made a motion to table until 1:30 p.m. this afternoon.
Commissioner Herschend seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (yes).

SHEILA WYATT

Ms. Sheila Wyatt, County Collector, informed the Commission that she had received an
order from the State Tax Commission of Missouri, which had given her permission to round to
the nearest dollar.

COMMISSIONER HERSCHEND

Commissioner Herschend made the Commission aware that he met with the Meadow
Ridge Homeowners Association to discuss a road petition that has been tabled. He also noted
that it would be on the agenda in the near future.

ROAD & BRIDGE UPDATE

Mr. Preston updated the Commission on several issues. Calden Creek Bridge is now
passable to traffic, but will only be 1 lane for most of the week. He also noted that he received
several compliments from individuals and Kanakuk Kamp, which he passed onto his work
crews. Mr. Preston stated that Parksley was completed today, which makes the road passable.
He also explained that clean-up was going to be starting on Y Highway. Mr. Preston discussed
the walking trail at Shadow Rock Park.

ADOPTION EVENT

Commissioner Pennel commented on the great PetCo event where he helped Taney
County Animal Control adopt out animals.

HOUSING SUMMIT

Commissioner Pennel stated that the Commission will be attending the Housing Summit
at the Presley’s Jubilee Theater on Tuesday, July 29th, which is sponsored by the IDA.

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IDA

Commissioner Herschend commented that 3 members of the IDA gave a great
presentation to the Commission last week. He continues to say that the Commission supports the
IDA and budget for 2009.

RECESS
10:41 a.m.

Minutes taken and typed by Nikki Lawrence.

RECONVENE
1:00 p.m.

BOB PAULSON
WORK SESSION

Counselor Paulson met with the Commission to discuss upcoming legal issues as well as
discussing his weekly schedule.

SEPTAGON
WEEKLY UPDATE

Mike Smith, Septagon Construction met with the Commission to give the weekly update
on the Judicial Facility. Mr. Smith noted that APAC would be sending us a letter of intent
regarding the paving at the facility as the company they receive their product from has filed
bankruptcy.

John Lavender, Maintenance Supervisor noted that Mediacom would be bringing the
cable into the two boxes and Herb Stuart with Stuarts Sales will be wiring the building which
amounts to 40 drops. Mr. Stuart indicated that the estimated cost is $600 - $650 per 1,000 feet
and there is about 8,000 – 10,000 feet of cable. A lift will have to be used in the pods.

Tressa Luttrell, County Administrator questioned as to if anyone could pull the wiring.
Mr. Stuart stated yes. Ms. Luttrell commented that there is a threshold of $4,500 before it has to
be bid out. Mr. Stuart indicated that it would be over that limit.

Mr. Lavender noted that the tables will be going in the third week of August which
prohibits the use of the lift. Commissioner Strahan made a motion to table the issue for a work
session. Commissioner Herschend seconded the motion. The motion passed by vote: Pennel
(yes), Herschend (yes), Strahan (yes).

JENNIFER GROVES
PARK BOARD REQUEST

Jennifer Groves representing the Taney County Park Board informed the Commission
that at the time of rotation, the City of Rockaway Beach did not have their information ready and
asked to be skipped. They now have their project together and would request $5,300 for
bathrooms.

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

Ms. Groves noted that the board was at a point where they are ready to start looking for
some property and would like to form a real estate committee. Ms. Groves asked the
Commission as to what roll they would like to have. Commissioner Herschend noted that he
would just like to be able to critic the plan. Commissioner Pennel commented that he would
need to get a clear understanding of the financials. The County Commission was ok with
proceeding towards a committee but would like to have a work session with the Commission, the
park board and the committee members.

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SALVAGE OF STRIP BUILDINGS

Commissioner Herschend informed the Commission that an employee had requested to
salvage materials from the strip once everyone had moved out and wondered what the
Commission felt.

After a brief discussion, Commissioner Herschend made a motion to table until Counsel
could advise. Commissioner Strahan seconded the motion. The motion passed by vote: Pennel
(yes), Herschend (yes), Strahan (yes).

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: Commissioner Pennel commented that Ron Wyatt had contacted him
regarding the water coming into his house due to the construction. Mr. Preston noted that
the contour of the land needed to be fixed. Mr. Preston added that there are drains;
however they are not working because the water can’t get to them and stated that Charlie
Stiffler would be heading up the project starting Wednesday.

2. Acacia Club Road: Mr. Preston asked the Commission if they were ok with using the
same type of blocks on Acacia Club that was used at Lakeshore. Commissioner
Herschend inquired as to what happens when the top block gets breached. Mr. Preston
noted that the only reason he was comfortable with the placement of the blocks was
because Mel Aikin and Spencer Jones with Great River Engineering has stated that it
would be structurally sound.

Commissioner Strahan noted that he would like to have a written engineers report
regarding that fact. Commissioner Pennel concurred noting that they were the responsible
engineers on the project.

3. Planning Code Book: Mr. Preston noted that Keith Crawford was finished going through
the code book and is asking for the Commission’s input. Ms. Luttrell asked if there was a
time line. Mr. Preston stated no.

4. Vacation: Mr. Preston noted that he would like to take vacation the third week of
August. Commissioner Herschend made a motion to approve said request.
Commissioner Pennel 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(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 additional funeral leave
for Kelly Laughlin as it is outside the policy. Commissioner Pennel seconded the motion. The
motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

Commissioner Herschend 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).

Minutes taken and typed by Tressa Luttrell.

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JULY 29, 2008 15th DAY OF
THE JULY ADJOURNED TERM

The County Commission met at the Presley’s Jubilee Theater at 9:00 a.m. pursuant to
adjourn with all members present and the following proceeding were had and made a matter of
record.

WORK FORCE HOUSING SUMMIT

The Commission attended the 2008 Work Force Housing Summit as presented by the
Industrial Development Authority and held at the Presley’s Jubilee Theater.

Minutes were typed by Nikki Lawrence.

JULY 30, 2008 16TH DAY OF
THE JULY ADJOURN TERM

The County Commission met in the Commission Office at 9:00 a.m. pursuant to adjourn
with Chuck Pennel, Presiding and Danny Strahan, Eastern Commissioner present and the
following proceedings were had and made a matter of record.

PRIOR MINUTES

Commissioner Strahan made a motion to approve prior Commission Minutes dated 7/18,
7/21, 7/23, 7/24 and 7/25/08. Commissioner Pennel seconded the motion. The motion passed by
vote: Pennel (yes), Herschend (absent), Strahan (yes).

CEDAR SPRINGS ESTATES
PETITION

Commissioner Pennel asked Counselor Paulson why he wanted a plat for this particular
road. Commissioner Strahan reminded Counselor Paulson that he had mentioned before the area
that the cul-de-sac protrudes out to. Counselor Paulson explained that he just wanted to be sure
that they couldn’t count an easement towards the part of a lot to sell. A general discussion
regarding recordable documents ensued.

Commissioner Pennel made a motion to approve the petition contingent upon the
easement being changed to a deed. Commissioner Strahan seconded the motion. The motion
passed by vote: Pennel (yes), Herschend (absent), Strahan (yes).

GARY SNADON
PLANNING & ZONING ISSUE

Gary Snadon stopped by to let the Commission know that he lost his temper this morning
in Planning & Zoning, that he has never asked for a dime from the county and he felt he was
being harassed. Mr. Snadon added that he has never been asked to provide the additional
information that Mr. Coxie has asked for. Counselor Paulson explained the process and how
through the years, the County has had to put some preventative measures within the code.

Ms. Snadon noted that he has had a bond in place for 15 years and it should be sufficient.
Commissioner Strahan questioned why the portion of completion be applied. Counselor Paulson
commented that he did not know all the details and would need to review the issue.

Commissioner Strahan asked if the Planning was going to be asking people to renew their
bonds, in place, due to the financially economic times we are in. Counselor Paulson noted that
the bond should be sufficient to cover should the County have to finish the project.

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Mr. Snadon noted that the County is working on two different standards as Branson
Canyon didn’t have to bond because he had put the utilities in but on this one, Empire is putting
in the utilities and I am being told to bond that portion. Counselor Paulson again stated that he
would have to look at the situation.

CABLING
ROAD & BRIDGE BUILDING

Gary Morgan, IS Administrator updated that Commission on the costs involved in
providing the cabling for the future Road & Bridge building. Empire has given us a quote of
$10,000 plus $400.00 a month for 5 years and then to renegotiate the monthly fee, however Tri-
Lakes net has a not to exceed cost of $32,000 if we acquire the easements from the City of
Forsyth and bury the cable. Mr. Morgan added that the benefit of us acquiring the easements is
that the County would own the cable.

Commissioner Strahan made a motion to proceed with the direct ownership of the cable
and direct that the easements be sought. Commissioner Pennel seconded the motion. Counselor
Paulson noted that this project had not been bid out yet and would need to be done. The
Commission concurred that the motion was to proceed with that avenue not the immediate
purchase. The motion passed by vote: Pennel (yes), Herschend (absent), Strahan (yes).

ROAD & BRIDGE BUILDING
REMODEL

John Rider, Road Inspector presented the Commission with the proposed layout of the
new Road & Bridge building. Commissioner Strahan indicated that he thought the move would
only be a partial move at this time. Mr. Lavender noted that when he spoke with Mr. Preston,
Mr. Preston was not happy with that option. Commissioner Strahan commented that he didn’t
want to get away from the time issue. Commissioner Pennel concurred.

Mr. Rider suggested finding an alternative location for a month and a half then move in
when the remodeling is finished. Commissioner Pennel stated that they could move into the first
area and deal with the remaining space later. Commissioner Pennel further commented that this
location is six times the size of what they currently are in. Randy Haes, Road Coordinator asked
if they would still be getting the whole building. Commissioner Pennel noted not necessarily.

Commissioner Strahan made a motion to table upon the redesign for the 1/3 of the
building and that the other portion of the building would not be considered at this time.
Commissioner Pennel seconded the motion. Mr. Lavender inquired as to who would be
performing the remodeling. Commissioner Strahan stated that he would like to see Mr. Lavender
and a crew perform the task. The motion passed by vote: Pennel (yes), Herschend (absent),
Strahan (yes).

MOVING OF OFFICES

Commissioner Herschend entered the meeting at 10:23.

Tressa Luttrell, County Administrator questioned the Commission as to if they still
wanted her proceed with finding a moving company to move all the office into the new facility.
Ms. Luttrell indicated that an estimate on the Circuit Clerk’s Office only was around $25,000.00.

Mr. Lavender noted that he had performed this function several times and didn’t see any
reason no to do it this time. Commissioner Pennel asked Mr. Lavender to get an estimate on the
size of crew he would need. Mr. Lavender commented that he would get a letter together
informing the offices what would need to be done and the Commission could sign it.

TELEVISIONS/CABLING
JUDICIAL FACILITY

Mr. Lavender noted that his suggestion would be to put in the tv’s located in the jail pods
and the four in the Sheriff’s Office at this time; the rest can be done later.

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Commissioner Herschend made a motion that because of the timing urgency, to instruct
Mr. Lavender to move forward on the 14 television locations in the jail and the 4 in the Sheriff’s
Office, with work to proceed immediately. Commissioner Pennel seconded the motion. The
motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

Commissioner Herschend made a motion that due to the same emergency as above, that
the televisions and brackets be purchased for the jail pods immediately. Commissioner Pennel
seconded the motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

RECESS
10:47 a.m.

RECONVENE
10:54 a.m.

TABLEROCK ACRES
GEORGIA TOOPS

Commissioner Herschend noted that Ms. Toops had lost 6-8 foot of material under her
trailer due to the water runoff. The contractor went in and did a mediocre job of putting it back
in. However, Ms. Toops is moving a renter in and went to reinforce some areas and noticed the
problem.

Commissioner Herschend stated that they had received a bid from a mobile home
installer that will put the material in the way it should be. Commissioner Herschend made a
motion to approve the $2,500 expenditure to be paid for out of the Sewer Sales Tax and to be
added into the current lawsuit as damages. Commissioner Pennel seconded the motion.

Commissioner Strahan asked why this wouldn’t go to the sewer board. Commissioner
Herschend stated that they are an advisory board. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (abstain).

COMP TIME

Commissioner Herschend made a motion to approve the payment of 40 hours of comp
time to Branden Tilley and 65.15 hours of comp time to Lewis Hursh as requested.
Commissioner Pennel seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (yes).

AERONAUTICAL SURVEY
RFQ

Ms. Luttrell presented the Commission with the proposal from the recent Aeronautical
Survey RFQ. Ms. Luttrell noted that the grant for the airport will not cover this expenditure
however the Airport Board has voted to award the proposal for $34,449.41 to Photo Science.

The County Commission concurred that they were under the impression that the grant
would cover the costs. Ms. Luttrell stated that she had received an email from the State
representative on the grant who stated that they had previously informed Mark Parent, Airport
Manager that this expenditure would not be covered. When Ms. Luttrell questioned Mr. Parent,
he noted that they were aware but that the board wanted to continue with the survey.

Commissioner Pennel made a motion to table said issue until a meeting with Mark Parent
and one of the board members be scheduled to discuss the issue. Commissioner Strahan
seconded the motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

MODULAR FILE SYSTEM
BID

Ms. Luttrell presented the Commission with the bids for a modular filing system for the
Circuit Clerk. Ms. Luttrell noted that Brenda Neal, Circuit Clerk has recommended the approval
of OM Workspace for $29,548.00.

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Commissioner Herschend questioned whether the floor was structurally sound for that
type of filing. Ms. Luttrell stated that Septagon Construction was presented that question and
had requested the structural engineer to look at the issue. Ms. Luttrell further stated that
Septagon actually gave us the exact measurements to go out to bid once they were satisfied.

Commissioner Herschend made a motion to approve as recommended contingent upon
receiving written notification regarding the soundness of those areas. Commissioner Pennel
seconded the motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

RESIDENTIAL FURNITURE
BID

Ms. Luttrell presented the bids for the residential furniture which will be used in Judge
Orr’s office and Brenda Neal’s office. Ms. Luttrell noted that both the Judge and Ms. Neal had
reviewed the bids and were recommending Wheelers Furniture for $7,395.00.

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

AIRPORT INSURANCE
BID

Ms. Luttrell presented the bid for insurance for the Taney County Airport. Ms. Luttrell
noted that Mr. Parent had recommended continuing with Insurance Source as they have
continued to lower the premiums each year.

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

SALVAGE OF STRIP CENTER

Commissioner Herschend asked Counselor Paulson about the liability of salvaging the
strip center. Counselor Paulson noted that if there were recyclables then the county should
salvage and sell them. Commissioner Pennel questioned why the county wouldn’t have an
auction like the last time and take what we know happened wrong and improve. The auction
could be held two weeks prior to demolition.

Commissioner Strahan commented that there could be categories versus anything in the
building like carpeting, electrical and studs. Counselor Paulson noted that at the very least you
would want a hold harmless agreement for them to sign. Ms. Luttrell asked who would be
supervising the individuals. Commissioner Herschend noted that it was not worth the money to
have a supervisor there. Commissioner Pennel commented that an auction specifying what
would be sold could be done and have no supervisor. Commissioner Herschend suggested
having a sealed bid for the items and would write that specification up today and get them to Ms.
Luttrell.

NUISANCE CASES

Commissioner Pennel made a motion to ratify sending the 1st letter for #08-0035.
Commissioner Herschend seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (yes).

Commissioner Pennel made a motion to deny #08-0015. Commissioner Herschend
seconded the motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

Commissioner Pennel made a motion to deny #08-0014. Commissioner Herschend
seconded the motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

Commissioner Pennel made a motion to deny #04-403. Commissioner Herschend
seconded the motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

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Commissioner Pennel made a motion to send the 1st letter after a drive by on #08-0012.
Commissioner Herschend seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (yes).

Commissioner Pennel made a motion to send the 1st letter after a drive by on #08-0013.
Commissioner Herschend seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (yes).

Commissioner Pennel made a motion to deny #04-404. Commissioner Herschend
seconded the motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

Commissioner Pennel made a motion to send the 1st letter after a drive by on #08-0025.
Commissioner Herschend seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (yes).

Commissioner Pennel made a motion to deny #08-0028. Commissioner Herschend
seconded the motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

Commissioner Herschend made a motion to send a letter to #04-393 that the garbage
behind the chain link fence either needs to be moved or hidden so that the neighbors can’t view.
Commissioner Pennel seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (yes).

RECESS
12:21 p.m.

Minutes taken and typed by Tressa Luttrell.

AUGUST 1, 2008 17TH DAY OF
THE JULY ADJOURN 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.

MEADOW RIDGE ROAD
PETITION

Commissioner Herschend commented that Planning and Zoning has impacted the
subdivision in that by approving an additional subdivision behind Meadow Ridge has resulted in
construction equipment traveling through the subdivision thus tearing up the roads.
Commissioner Herschend further stated that this is not the fault of the citizens and would make a
motion to take in Round Hill Road, Mesquite, Shadow Lake and Shadow View contingent upon
getting every property owner on the downhill side to sign a water runoff release stating that the
County is not responsible. Commissioner Herschend noted that Shadow Lake and Shadow View
are good roads but would not do Round Hill Road past the lake where the steep portion is and
would post “No Trucks”.

Commissioner Herschend added that he felt strongly that the County has some
responsibility for their roads being damaged. Commissioner Pennel commented that “if” the
work was to be done, how would you stop this from happening in the future. Commissioner
Herschend stated that he would like to go back to Planning & Zoning. They need to look at how
folks are going to get from a road to the development and ask those homes to be responsible for
the damage.

Frank Preston, Road Superintendent commented that it would be hard to stop a
development but didn’t see any problem with putting some language in the decision of record
making them liable for any damage due to the load and number of loads going across the roads.
Commissioner Strahan asked if it was a county problem and added that he thought they should
have an alternate route or a bond to take care of any road damage.

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Commissioner Herschend stated that he was just asking today for Mr. Preston to look at
the concept. Commissioner Pennel stated that he was trying to think of how other entities
handled the issue. Commissioner Pennel added that in Branson North for instance, as parts are
developed, they have to use the road as it wouldn’t be practical to build a new road just for that
traffic. It seems to make more sense that those roads should be built to a higher standard to take
care of the traffic.

Commissioner Herschend stated that the homeowners are willing to do something short
of denying the petition. Commissioner Pennel made a motion to table the petition and go back
out and contact the property owners. Commissioner Herschend noted that he would ask Counsel
about the water release. Commissioner Strahan seconded the motion. The motion passed by
vote: Pennel (yes), Herschend (yes), Strahan (yes).

VIDEO CAMERA

Mr. Preston asked the Commission if Road & Bridge could purchase a video camera to
video the roads for various issues. Commissioner Strahan made a motion to approve the
purchase. Commissioner Pennel seconded the motion. The motion passed by vote: Pennel
(yes), Herschend (yes), Strahan (yes).

RETENTION PONDS

Mr. Preston informed the Commission that he had just received the information from
Sunbelt Environmental for the required cleanup for the retention ponds. Mr. Preston added that
he was concerned with the time limit as he had already requested an extension from the DNR,
and if this has to go out for bids, they will be well past the required date for DNR.

Commissioner Herschend made a motion to approve $6,832.00 for Sunbelt Environment
to provide the necessary cleanup of the retention ponds as required by DNR. Commissioner
Herschend further stated that this would be an emergency due to the DNR’s timeline and not
enough time to process a bid. Commissioner Pennel seconded the motion. The motion passed
by vote: Pennel (yes), Herschend (yes), Strahan (yes).

FURNITURE BIDS
JUDICIAL FACILITY

Tressa Luttrell, County Administrator presented the Commission with the bids for the
furniture to be housed at the new Judicial Facility. Ms. Luttrell explained that this was the
second time the furniture had to be bid out noting that the bid went from a 50 page bid to a 150
page bid. Ms. Luttrell stated that she received three bids, one of which was not a complete bid
therefore was not being considered.

Ms. Luttrell noted that after all consideration and research she was recommending the bid
offered by Sifford Office Products. After a general discussion Commissioner Herschend made a
motion to approve the bid as recommended. Commissioner Pennel seconded the motion. The
motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

Commissioner Strahan commended Ms. Luttrell on her hard work to get this bid ready.
Commissioner Pennel concurred.

WORK COMP AND HEALTH CARE SERVICES

Ms. Luttrell noted that she had a letter of agreement for St John’s Occupational Medicine
Clinics that had been sent over from the Auditors Office; however Ms. Wagner was not working
today.

Commissioner Pennel made a motion to table the issue until Monday. Commissioner
Herschend seconded the motion. The motion passed by vote: Pennel (yes), Herschend (yes),
Strahan (yes).

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DAVIS, LYNN & MOOTS
LETTER

Commissioner Pennel made a motion to sign the required letter for the 2007 Audit from
Davis, Lynn and Moots. Commissioner Strahan seconded the motion. The motion passed by
vote: Pennel (yes), Herschend (absent), Strahan (yes).

KANAKUK KAMPS
REIMBURSEMENT

John Soutee, Sewer Administrator and John Hooker, Daily Operations Manager
presented the Commission with a request for reimbursement for Kanakuk Kamps due to the
recent sewer line breakage from the wash out of the bridge. Mr. Soutee noted that he wanted to
update the Commission and would be notifying the Sewer Board on Tuesday.

RECESS
10:33 a.m.

RECONVENE
11:25 a.m.

NUISANCE CASES

Commissioner Pennel made a motion to send the 1st letter on 08-0017 contingent upon a
drive by the property and a second letter on Holy Oak. Commissioner Herschend seconded the
motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (absent).

Minutes taken and typed by Tressa Luttrell.

AUGUST 4, 2008 18th DAY OF
THE JULY ADJOURNED TERM

The County Commission met in the Associate Circuit Courtroom at 9:01 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 #304914-
305035 and manual warrant #4870-4872. Commissioner Herschend 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
7/28/08, and table 7/29/08 and 7/30/08. Commissioner Pennel seconded the motion. The motion
passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

CONTRACTS

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

COMMISSIONER PENNEL

Commissioner Pennel commented that during the Election on Tuesday, August 5th, there
will also be seating inside the courthouse, due to the extreme heat.

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EXECUTIVE SESSION

Commissioner Pennel made a motion to go into Executive Session pursuant to RSMo.
610.021.1. Commissioner Herschend seconded the motion. The motion passed by vote: Pennel
(yes), Herschend (yes), Strahan (yes).

Minutes taken and typed by Nikki Lawrence.

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).

RECONVENE
1:16 p.m.

The County Commission reconvened in the Commission Office with Chuck Pennel,
Presiding and Ron Herschend, Western Commissioner present.

CABLING
ROAD & BRIDGE BUILDING

Counselor Paulson indicated that it would be a good idea to get a survey of the area
discussed. The City of Forsyth does not have a problem with putting the cabling in the ditch or
under the road. Mike Smith, Septagon Construction noted that the County may want to speak
with Great River Engineering as they have a sewer line going in there somewhere.

Commissioner Herschend commented that it would be his recommendation to have an
extension placed on the Kennedy contract for this work. Mr. Smith noted that he would contact
Kennedy and get an answer.

JUDICIAL FACILITY
WEEKLY UPDATE

Mr. Smith informed the Commission that the sign package for the Judicial Facility was
going to be 9,306, and noted that 5,000 was the allotted amount in the budget. Commissioner
Herschend made a motion to approve the interior sign package. Commissioner Pennel seconded
the motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (absent).

Commissioner Herschend made a motion to approve RFI #352 in the amount of $794.00
for receptacles for owner supply. Commissioner Pennel seconded the motion. The motion
passed by vote: Pennel (yes), Herschend (yes), Strahan (absent).

Commissioner Herschend made a motion to approve RFI #119 for $245.88 which
replaces the thresholds between the dayrooms to security thresholds. This was called out for in
the plans but not in the specifications. Commissioner Pennel seconded the motion. The motion
passed by vote: Pennel (yes), Herschend (yes), Strahan (absent).

FRANK PRESTON & TRESSA LUTTRELL
WORK SESSION

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

1. Cabling/Television Quote: Ms. Luttrell presented the quotes for running the cabling
needed for the televisions in the jail as previously directed by the Commission. Ms.
Luttrell noted that she received two quotes; one from All about Phones and one from
Stuart’s Sales and Service.

Commissioner Herschend made a motion to approve the quote as submitted by All about
Phones in the amount of $4,087.35. Commissioner Pennel seconded the motion. The motion
passed by vote: Pennel (yes), Herschend (yes), Strahan (absent).

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2. Blinds Bid: Ms. Luttrell presented the Commission with the bid for purchasing blinds
for the new Judicial Facility. Ms. Luttrell noted that this was the second time it had
been sent out and only one bid was received from Lowes for $2,884.90.

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

3. Inmate Mattresses: Ms. Luttrell presented the Commission with the bid inmate
mattresses for the new Judicial Facility. Ms. Luttrell noted that the bids had been
reviewed by the Sheriff who recommended Bob Barker for $20,590.00.

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

4. Personal Property Bags: Ms. Luttrell presented the Commission with the bids for
Personal Property Bags. Ms. Luttrell explained that these bags contain all personal
property of each inmate, their ID number and is housed in a secured area. Ms.
Luttrell noted that the Sheriff had reviewed the bid and recommended approval of
Pacific Concepts for $4,483.00.

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

5. Inmate Uniforms: Ms. Luttrell presented the Commission with the bids for Inmate
Uniforms. Ms. Luttrell noted that this bid is for six different colors in order to
segregate the inmates as well as all undergarments. Ms. Luttrell added that the
Sheriff had reviewed the bids and recommended Bob Barker for $19,953.55.

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

6. FEMA: Mr. Preston informed the Commission that FEMA representatives would be
here to go through the County’s information.

7. Block Turnouts: Mr. Preston informed the Commission that Spencer Jones was on
vacation; however a letter would be forthcoming regarding using the “Redi-Rock” as
turnouts on Acacia Club Road.

8. No Parking Ordinance: Mr. Preston noted a few subdivisions that would be in line to
get signage for the newly adopted No Parking Ordinance; however he has never
received a complaint and asked if a specialty sign shouldn’t be made for those areas.

Commissioner Pennel noted that his first thought would be to proceed with the Ordinance as
previously discussed and added that the Commission should probably take a road trip with Mr.
Preston to view those areas.

9. “Y” Highway Sewer: Mr. Preston asked the Commission if there had been any
discussion regarding the repair of the roads in the “Y” Highway Sewer Project. The
Commission indicated that there had been no discussion as yet. Ms. Luttrell stated
that Mr. Preston could talk with Mr. Hooker or Mr. Soutee who would most likely
have that information.

10. Transfer Station: Mr. Preston noted that in the recent audit of the Transfer Station by
Auditor Findley there were some issues that probably needed to be addressed. One
being the amount of returned checks. Mr. Preston stated that he would look into a
credit card system similar to what the Collector has.

Mr. Preston indicated that there is another hauler coming in on Tuesdays which is creating a
problem. Commissioner Herschend noted that they are only supposed to be coming in if they
miss their transport to Springfield.

Mr. Preston further stated that there is an area of concrete where water is standing and it is
creating a mess. Mr. Preston commented that he would like to fix the area. Commissioner

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Herschend stated no. The DNR would then have to approve of the fix and the county would be
closed for several days. Commissioner Herschend added that it could be cleaned as it is only
when there is sloppy trash that there is a mess.

11. Sycamore Log Church: Mr. Preston noted that there are logs under the concrete slab
at an area of Sycamore Log Church. Commissioner Herschend explained that the
land owner would like for the county to maintain up to the slab. Mr. Preston added
that Foreman Yarnell stated that every time he has gone by there the gate has been
locked. Commissioner Herschend noted that it had never been closed when he went
by.

Commissioner Pennel commented that if the county was maintaining the road to a certain point,
why wouldn’t we clean it up. Mr. Preston stated that the land owner would prefer no one driving
through there. Commissioner Pennel noted that it doesn’t sound like the land owner wants it
maintained then. Mr. Preston added that he would check the history file.

12. Tim Barth: Commissioner Herschend questioned what Eddie Coxie, Planning
Administrator had informed Mr. Barth regarding his plat. Commissioner Herschend
explained that Mr. Coxie stated that Mr. Barth would have to go back through
concept to put a building on an approved Industrial Lot. Commissioner Pennel stated
that he could see that, as the use was no longer a lot and Planning needs to know what
is going in there. Mr. Preston agreed noting that if it is a change of use or adding a
building would need to go through concept.

SOLID WASTE MANAGEMENT
DISTRICT APPOINTMENTS

Clerk Neeley commented that she had received a request for the placement of board
members on the Solid Waste District Counsel both At Large and Executive appointees.
Commissioner Pennel made a motion to approve those members that are currently serving.
Commissioner Herschend seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (absent).

EXECUTIVE SESSION

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

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

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

Minutes taken and typed by Tressa Luttrell.

AUGUST 05, 2008 19th DAY OF
THE APRIL ADJOURNED TERM

The County Commission met at Hollister City Hall at 1:30 p.m. pursuant to adjourn with
Chuck Pennel, Presiding and Ron Herschend, Western Commissioner present and the following
proceedings were had and made a matter of record.

TANEY COUNTY REGIONAL
SEWER DISTRICT

The County Commission attended the Taney County Regional Sewer District Meeting to
hear updates on Bee Creek and Ozark Beach projects as well as the Water Trace Program.

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Minutes typed by Nikki Lawrence

AUGUST 6, 2008 20TH DAY OF
THE JULY ADJOURN TERM

The County Commission met in the Commission Office at 9:05 a.m. pursuant to adjourn
with Chuck Pennel, Presiding present and Danny Strahan, Eastern Commissioner via the
telephone and the following proceedings were had and made a matter of record.

PAYROLL

Commissioner Strahan made a motion to approve the following payroll warrants:

General County Revenue #104679 through #104701

Road & Bridge #104650 through #104672

Assessment Fund #104673 through #104674

Transfer Station #104675 through #104678

Accounts Payable warrants #305036 through #305056, manual warrants #4873, #4874

Commissioner Pennel seconded the motion. The motion passed.

ROAD SHARING PROGRAM
TANEYVILLE / BULL CREEK

Commissioner Pennel made a motion in that the Village of Taneyville and the Village of
Bull Creek does not have the funds to pay for the road work up front, that the County will pay
the funds direct according to the agreement. Commissioner Strahan seconded the motion. The
motion passed.

PRIOR MINUTES

Commissioner Strahan made a motion to again table the minutes of 7/29 and 7/30 as he
has not had a chance to review them. Commissioner Pennel seconded the motion. The motion
passed.

Minutes taken and typed by Tressa Luttrell.

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).

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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

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 TANEY COUNTY COMMISSION RECORD
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
- -

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 TANEY COUNTY COMMISSION RECORD
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

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 TANEY COUNTY COMMISSION RECORD
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%.

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 TANEY COUNTY COMMISSION RECORD

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.

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 TANEY COUNTY COMMISSION RECORD

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

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 TANEY COUNTY COMMISSION RECORD

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.

531
 TANEY COUNTY COMMISSION RECORD

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.

AUGUST 13, 2008 22ND DAY OF
THE JULY ADJOURN TERM

The County Commission met in the Commission Office at 9:05 pursuant to adjourn with
all members present and the following proceedings were had and made a matter of record.

AMENDED TERRITORY AGREEMENT
CITY OF BRANSON

Commissioner Herschend made a motion to approve the amended Territory Agreement
for the City of Branson. Commissioner Pennel seconded the motion. The motion passed by
vote: Pennel (yes), Herschend (yes), Strahan (yes).

BOB PAULSON
WORK SESSION

Counselor Paulson met with the Commission to give an update on his case load and his
schedule. Counselor Paulson noted that he was keeping his log as requested but added that when
he gets busy and forgets, it takes a while to go back and recreate his log.

Commissioner Strahan made a motion that the Commission meet with Counselor Paulson
once a week rather than twice a week as it’s just an update. Commissioner Herschend noted that
he would like to keep it at twice a week as he didn’t see Counselor Paulson using the forms as
directed.

Counselor Paulson noted that he has started using the approved forms and had Mark
Parent, Airport Manager fill out a form for work that the airport board had asked me to do, even
though I had already completed the work. Commissioner Pennel noted that even if there is no
report it would be good to have it scheduled. Commissioner Herschend noted that he looked at
Monday being the updates and Wednesday to approve the forms.

Counselor Paulson gave the Commission an update on the airport meeting that he
attended the previous day noting that the Lawler and DeWeese contracts were being worked on.
Commissioner Herschend cautioned Counselor Paulson as it seems that he was not following his

532
 TANEY COUNTY COMMISSION RECORD

schedule adding that by working on the contracts for three hours, those were three hours that the
Commission did not approve. Counselor Paulson noted that the issue was fresh on his mind.

Commissioner Pennel commented that Counselor Paulson mentioned his log previously,
and he agreed that if you forget it is hard to recreate, however if you write it down as it happens
it is easier.

Commissioner Strahan indicated that he would like to have a discussion regarding the
amount of paperwork the Commission is asking our people that we have hired to do the job, to
do their job. Commissioner Strahan stated that he would bring this issue up at a later time for
discussion.

TELEVISION BIDS
JAIL PODS

Tressa Luttrell, County Administrator presented the Commission with the quotes for the
televisions in the jail pods. Ms. Luttrell noted that she had received two, one from best buy and
one from CDW-G which are the hospital grade televisions like requested. This means that when
the electricity goes off, central control can turn them all back on by touching a button on the
screen. Commissioner Herschend stated that there is no reason for the extra money. The Jailers
can walk around and turn each TV on with a remote control. Commissioner Herschend made a
motion to approve the purchase of televisions from Best Buy contingent that Stuarts Sales &
Service not having a bid by noon today. Commissioner Strahan seconded the motion. The
motion passed.
RECESS
10:00 a.m.

RECONVENE
10:30 a.m.

AERONAUTICAL SURVEY
RFQ

Mark Parent, Airport Manager and Dave Woolery, Chairman of the Airport Board met
with the Commission to discuss the recent RFQ for an Aeronautical Survey. Mr. Parent
explained the reasoning for an Aeronautical Survey to the Commission noting that one of the
reasons to have said survey was to provide opportunity to the FAA to publish lower minimums.

Mr. Parent noted for the county not to participate would put the county in a stand alone
per say. Mr. Parent added that the Airport Board’s choice to pay for this survey even if it would
not be paid for by the grant. By not doing this would put us in a bind as it provides the most
accurate data for the airport layout plan.

Commissioner Herschend asked what the costs were. Mr. Parent commented $37,000
and we have those monies in the current coffers. Commissioner Herschend made a motion to
expend the funds for the Aeronautical Survey. Commissioner Strahan seconded the motion. The
motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

EMERGENCY CLOSURE PLAN

Commissioner Herschend inquired about the Emergency Closure Plan. Mr. Parent
explained the procedures for closing the airport in the event there is an accident. Commissioner
Herschend noted that he would feel more comfortable knowing the FAA plan or process and
discussed having some information available should someone else want to close the airport, to
ensure that they are following the same procedures. Mr. Parent noted that the FAA and “others”
do not have the authority to close the airport, that it is up to him, then his staff, then Dave
Woolery as Chairman.

RECESS
11:47 a.m.

RECONVENE
12:59 p.m.

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 TANEY COUNTY COMMISSION RECORD

ANIMAL CONTROL
DISCUSSION

Charles Avery, Branson Animal Control Officer, Stephanie Mundell, Office Manager and
Rick Lunt, Animal Control Officer for Taney County met with the Commission to discuss some
issues at the Kennel regarding an employee.

Mr. Avery noted that he was before the Commission to give them a head’s up on image
Ms. McGuire was giving the county as he attended the recent training with her. Mr. Avery
commented that Ms. McGuire argued with the instructors constantly or was otherwise talking
during the training. She was an embarrassment to the county and was indeed a poor showing.
Mr. Avery noted that he had several issues with Ms. McGuire noting that she has no people skills
and added that she is and continues to give the county a bad name. The Commission thanked
Mr. Avery for taking the time out of his schedule to address his issues.

Ms. Mundell addressed the issue of using the county vehicle while on call. Ms. Mundell
noted that she had previously informed Ms. McGuire that her personal vehicle would need to be
left at the kennel while she was on call, as Ms. Mundell didn’t feel that citizens should have to
pay to get her back and forth when she was turning over the vehicle. Commissioner Herschend
asked if Ms. Mundell had really thought through what she said. What if Ms. McGuire needed to
go to the grocery store after hours and her personal vehicle is at the kennel, do you want her
using the county vehicle to go to the grocery store. Ms. Mundell noted that it was a good point.

Commissioner Pennel questioned that he didn’t understand, if Ms. Mundell had put a stop
to the issue why was she here discussing it today. Ms. Mundell noted that she had taken off a
couple of days and while she was gone Ms. McGuire had Mr. Lunt drive her home when she
went off call. Commissioner Herschend stated that he thought Ms. Mundell was on a witch hunt.
Commissioner Pennel noted that for Ms. Mundell and Mr. Lunt to have Mr. Avery come to a
Commission meeting, it seems like there is more you want to discuss. Commissioner Herschend
added that for the Commission to take action on an assumption is wrong.

Commissioner Pennel noted that Commissioner Strahan had indicated that he would take
over Animal Control should he win the election, and added that he was ready to turn the
department over. Commissioner Strahan stated that he would like to officially take over when he
receives a revised budget and get some things cleared up.

Commissioner Herschend suggested that job descriptions be created for the positions.

RICK HUFFMAN
HCW

Mr. Huffman came before the Commission to request a support letter to MHDC
(Missouri Housing Development Commission) for the Valley Ridge Phase 2 project. Mr.
Huffman presented the Commission with a complete plan for the project.

Commissioner Herschend made a motion to write a letter of support for the Valley Ridge
Phase 2 project. Commissioner Pennel seconded the motion. The motion passed by vote:
Pennel (yes), Herschend (yes), Strahan (yes).

Commissioner Herschend exited the meeting.

CODE OF ETHICS

Commissioner Pennel made a motion to approve the Code of Ethics as presented by
Clerk Neeley. Commissioner Strahan seconded the motion. The motion passed by vote: Pennel
(yes), Herschend (absent), Strahan (yes).

Commissioner Herschend entered the meeting.

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 TANEY COUNTY COMMISSION RECORD

STEVE WEYHER
PROCLAMATION

Commissioner Pennel presented the Commission with a draft copy of a proclamation for
Steve Weyher.

RON CLEEK
CLAIM AGAINST PRESIDING COMMISSIONER

Ron Cleek, Christian County Prosecutor gave the following report regarding claims of
Nepotism against Presiding Commissioner Pennel:

Minutes taken and typed by Tressa Luttrell.

AUGUST 14, 2008 23TH DAY OF
THE JULY ADJOURN TERM

The County Commission met in the Commission Office at 1:44 p.m. pursuant to adjourn
with Chuck Pennel, Presiding and Ron Herschend, Western Commissioner present and the
following proceedings were had and made a matter of record.

SEPTAGON
MONTLY MEETING

Commissioner Herschend made a motion to approve PR#48 which is for a monument to
be constructed near the front entrance of the courts building in the amount of $10,630.00.
Commissioner Pennel seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (absent).

Commissioner Herschend made a motion to approve RFI#354 which changed the
lavatory faucets and toilet flush valves in Locker Rooms 082 and 083 from sensor operated to
manual operated because electrical power was not provided for in the electrical drawings for
$706.00. Commissioner Pennel seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (absent).

Commissioner Herschend made a motion to approve PR#001 which requested an
additional amount of $692.00 to use fire rated glass on four doors which changed the doors to
fire rated doors as no fire rated glass was listed on the bid documents. Commissioner Pennel
seconded the motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan
(absent).

The Commission concurred to drop PR#51 regarding the screens to cover the HVAC
units as they will address them at a later date.

Minutes taken and typed by Tressa Luttrell.

AUGUST 15th 2008 24th DAY OF
THE JULY ADJOURNED TERM

The County Commission met in the Commission Office at 9:00 a.m. pursuant to adjourn
with Chuck Pennel, Presiding and Ron Herschend, Western Commissioner present and the
following proceeding were had and made a matter of record.

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 TANEY COUNTY COMMISSION RECORD

APPROVAL OF AGENDA

Commissioner Pennel made a motion to approve the agenda for August 18, 2008.
Commissioner Herschend seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (absent).

ADMINISTRATIVE & DEPARTMENTAL FUNCTIONS

Commissioner Pennel made a motion to approve payment of 40 hours of compensatory
time for Trent Bilyeu, Road & Bridge Employee. Commissioner Herschend seconded the
motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (absent).

Minutes typed by Nikki Lawrence.

AUGUST 18, 2008 25th 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 Commissioner Pennel followed by the pledge.

ACCOUNTS ALLOWED

Commissioner Strahan made a motion to approve accounts payable warrants #305176-
305268 and manual warrants #4876-4877. Commissioner Pennel seconded the motion. The
motion passed by vote: Pennel (yes), Herschend (abstain), Strahan (yes).

TAX ABATEMENT & FLOOD DAMAGE UPDATE

Commissioner Pennel stated that Counselor Paulson sent out a memo regarding tax
abatements for flood damage and it read as follows:

I have stated on many occasions in the past that I have not found any authority to abate taxes for damage
done after January 1st. I spoke with Randy Turley, General Counsel for the STC today. He stated that
unless we had passed the occupancy law under Section 137.082 RSMo (attached to this memorandum),
then there was no authority to abate taxes for damages during the year. He said when they have said this in
the past it has sounded very harsh, but there is no legal authority.

This said, Randy said he is confident that there have been some counties in fact abate the taxes on property
that has been damaged by flood, fire, tornadoes, etc. However, there is no legal authority to support such
an action.

I tried to reach Mr. Davis, President of the Assessor’s Association today without success. He is the
Assessor in Jasper County, and he was out of the office this afternoon.

Bob Paulson

Commissioner Pennel commented that he supported James Strahan, County Assessor, in
the actions he has taken as the Taney County Assessor, relating to fire damage. He also noted
that Mr. Strahan has done the right thing in his approach.

Commissioner Pennel asked the Commission to make a commitment to support the
efforts of Mr. Strahan regarding BOE abatements concerning flood damaged properties.
Commissioner Strahan suggested a letter be sent to both the County Assessor and the State
Legislature regarding natural disasters. Commissioner Herschend commented that if an
individual is unable to use their property due to a natural disaster, the property owner should not
have to pay taxes on it. The Commission concurred to sending letters to both parties.

Mr. Strahan expressed concerns on how the State Legislature would address the issue of
tax abatements for flood damage.

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NOLAN ROAD

Commissioner Herschend stated that he and Mr. Preston have had several conversations
with the property owner on the north side of Roark Creek regarding a stretch of road the county
has maintained in the past. He also noted that it is located off of Sycamore Log Church/Nolan
Road, which is 120 yards to the south side of the creek that has been washed out. Commissioner
Herschend noted that the property owner would like to repair the road.

Commissioner Herschend explained that there was a gate on Nolan Road, but it is never
closed. The property owner is requesting that he be able to close the gate and maintain the road.

Commissioner Pennel made a motion to send a letter giving permission to the property
owner to close the gate and that the county does not consider the road a county maintained road.
Commissioner Herschend seconded the motion. Commissioner Strahan commented that he
would like to have additional information on the road before he makes a decision on this motion.
The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (abstain).

80 & OUT

Commissioner Herschend requested for the Commission to reconsider 80 & Out as a
benefit to attract long term employees, as he had been approached regarding this for years.
Commissioner Pennel stated that he had already contacted Mr. Findley, County Auditor, in
which Mr. Findley stated that LAGERS would need to be contacted for a cost estimate.

Commissioner Herschend made a motion to have Mr. Findley contact LAGERS and get
an annual cost over the next five years for 80 & Out. Mr. Findley commented that he would get
in contact with LAGERS with a couple of different scenarios. Commissioner Strahan noted that
he was in favor of investigating the annual costs for this benefit. Motion died for lack of being
seconded.

James Strahan, County Assessor, stated that Cerf has dropped their retirement age and
that may be the county’s answer. He also recommended that the Commission look into both
options as being possible solutions.

CONTRACTS

Commissioner Pennel made a motion to table contracts until this afternoon’s work
session due to Counselor Paulson being in court this morning. Commissioner Herschend
seconded the motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

HILLBILLY COUNTRY MOTEL UPDATE

John Soutee, Sewer Administrator, updated the Commission on the situation that is
happening at the Hillbilly Country Motel and the Dam-Site Sub-Division. He noted that last
week the Attorney General’s Office brought charges against the citizens within the Dam-Site
Sub-Division area for their waste water treatment facility and the lack of adequate operation
maintenance. Mr. Soutee also noted that there is an area where raw sewage was running out into
the environment.

Mr. Soutee stated that he was informed by Ms. White that DNR had exhausted their
efforts and the matter had been turned over to the Attorney General’s Office. Mr. Soutee also
stated that the Hillbilly Country Motel is in a similar situation, which is approximately 500 to
1000 feet east of the Dam-Site. He noted that the treatment plant at that location is being
operated below standards, as there has been no submission of reports sent to DNR and samples
that have been taken are showing that the wastewater has only been treated at a bare minimum.

Mr. Soutee stated that Ms. White had contacted him late last week and informed him of a
meeting that was scheduled for Thursday, August 21st at 1:00 p.m. to be held at Table Rock Lake
office. He noted that officials from DNR, the Attorney General’s office and Mel Eakins of Great
River Engineering, will be in attendance to discuss possible options that might be available to
address the issue and what the Attorney General’s Office plans to pursue and then visit the site,
in addition, Mr. Soutee extended an invitation to the Commission to participate in the meeting.
Mr. Soutee added that he was informed late last week that Gerth RV Park, which is located next

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 TANEY COUNTY COMMISSION RECORD

to Hillbilly Country Motel, also had a similar issue, but indicated that it was not as bad as the
other two and that would need to be addressed, due to being under some enforcement action by
DNR.

Commissioner Herschend noted that the problem is approximately 2/10 of a mile from
Lake Taneycomo and suggested that Mike Cole, Sewer Lab Technician, test the locations and
have the results brought to the meeting on Thursday. Commissioner Strahan commented that
emergency action may need to be taken for a short term solution until a permanent solution is
reached by all parties.

A general discussion ensued regarding possible solutions for the three locations and
whether or not the mobile homes at Gerth’s RV Park fall within the zoning codes. Dan Nosalek,
Planning & Zoning Division I Inspector, commented on the Planning & Zoning policy, which
states that as long as the sewer permit is valid, there is no recourse that can be taken.

Commissioner Herschend stated that Mr. Nosalek needed to be prepared for Thursday’s
meeting to make a recommendation.

TAX SALE

Sheila Wyatt, County Collector informed the Commission that the annual tax sale would
be held Monday, August 25th, according to Chapter 140.120 RSMo. She stated that each year
the County Assessor inquires whether or not billboards are there. Ms. Wyatt noted that 3
billboards are no longer there and that they should be abated according to the above statute.

Commissioner Herschend moved to abate parcel #08-4.0-19-003-007-001.001B, 08-4.0-
19-003-007-013.001B and 17-3.0-06-002-006-010.004B. Commissioner Pennel seconded the
motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

Ms. Wyatt presented abatement, #20090539, on a mobile home for 2006 and noted that it
was abated for 2007, which will be subject to the tax sale. Commissioner Herschend made a
motion to approve the abatement as submitted by Ms. Wyatt. Commissioner Pennel seconded
the motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

Ms. Wyatt stated that 2 parcels were charged under the City of Branson, another one
under Taney County, which are also subject to the tax sale. She requested for them to be taken
off of the books. Commissioner Herschend made a motion to table until this afternoon at 1:30
for an explanation and requested Ms. Wyatt to bring minutes from BOE meeting where this was
discussed. Commissioner Pennel seconded the motion. The motion passed by vote: Pennel
(yes), Herschend (yes), Strahan (yes).

RECESS
10:16 a.m.

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

Minutes were taken and typed by Nikki Lawrence.

RECONVENE
10:21 a.m.

EXECUTIVE SESSION

Commissioner Herschend made a motion to go into executive session pursuant to RSMo.
610.021(12). Commissioner Pennel 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 taken.

RECONVENE
1:00 p.m.

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 TANEY COUNTY COMMISSION RECORD

The County Commission reconvened in the Commission’s Office at 1:00 p.m. with
Chuck Pennel, Presiding and Ron Herschend, Western Commissioner present.

MARIE CARMICHAEL
SUPPORT LETTER

Marie Carmichael with the Woodlands met with the Commission to again request a
support letter in applying for state funds to build 32 units of housing. Ms. Carmichael noted that
the units would run at a rate of $355 for a two bedroom unit and $395 for a three bedroom unit.

Commissioner Herschend inquired as to the Keeter project. Ms. Carmichael stated that it
was a different type of project where the IDA issued bonds for the project and added that they
were only able to produce ½ of the tax equity. The rents had to be raised because of that. Ms.
Carmichael stated that she had approached the City of Hollister with the information and they
still wanted the housing built.

Commissioner Herschend made a motion to send a letter that asks to consider this project
but not as the county’s first choice. Commissioner Pennel seconded the motion.

Ms. Carmichael asked if after hearing all the proposals could she come back to request
that the county choose a top priority. Commissioner Pennel noted that he was not leaning that
way. Commissioner Herschend added that the county would be endorcing projects not singling
out which project was top. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan
(absent).

OVERTIME FOR MOVING

Brenda Neal, Circuit Clerk asked if the county would be paying overtime for her
employees should they work packing files for the move noting that the state does not allow
overtime pay or allow for the time to be taken off. Commissioner Pennel noted that he did not
know how the county could do that.

Ms. Neal stated that it is not her employees’ jobs to pack the boxes in the vault.
Commissioner Pennel commented that he was not against speaking with the Auditor about the
request. Commissioner Herschend added that Ms. Neal’s employees were state employees and
that the files did belong to her office.

GARY MORGAN
JUDICIAL FACILITY

Gary Morgan, IS Administrator noted that the lanyards, clips and the printer was not
included in the contract for the new building for the proximity cards so he would be purchasing
them to get started. Mr. Morgan also informed the Commission that 55 new phones would need
to be purchased. Commissioner Herschend commented that this would not be a one time cost,
therefore he would like to review the locations prior to purchasing.

Mr. Morgan presented the Commission with information from Layer3 who will work
alongside of the IS Department for the move to the Judicial Facility. Mr. Morgan noted that the
cost would be $7,200.00.

Commissioner Herschend made a motion to approve the expenditure of $7,200.00 with
Layer3 Technology. Commissioner Pennel seconded the motion. The motion passed by vote:
Pennel (yes), Herschend (yes), Strahan (absent).

LISA OWEN
DISPLAYS FOR OPEN HOUSE

Lisa Owen, Director with WRVHS requested some input on the displays for the open
house at the Judicial Facility. Commissioner Herschend made a motion recommending focusing
on historical building sequence and positive people. Commissioner Pennel seconded the motion.
The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (absent).

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 TANEY COUNTY COMMISSION RECORD

DEGRAFFENREID PROPERTY

Randy Haes, Road Coordinator updated the Commission regarding dirt work at the
Degraffenreid property. Commissioner Herschend noted that any work done for the
Degraffenreid’s should be a part of the settlement.

Lost quorum.

Commissioner Herschend stated that he would let Herion get rid of the dirt.
Commissioner Pennel added that he would like to discuss the issue with the Degraffenreid’s.
Commissioner Herschend commented that he believed the county should be giving them an
estimate of damage not just a wish list. Commissioner Pennel made a motion to table the issue.
Commissioner Herschend seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (absent).

LANDSCAPING PLAN

Renee Brusca presented the Commission with a landscaping plan for the new Judicial
Facility with trees, benches, plants and planters. Ms. Brusca indicated that she located 36 3”
Cleveland Pears in Tennessee for $4,800 with shipping of $1,565. The benches would be $8,928
for 6-8’ and $7,128 for 6-6’. The planters are $108 each for 12.

Ms. Brusca discussed placing crown vetch on the slope on the 160 side of the building.
Commissioner Pennel noted that he was not in favor of that and would like to address the issue at
a later date.

Ms. Brusca noted that the ashtray combo’s are $388.52 each for 3 and for 2 trashcans
they are $665 each. Commissioner Pennel noted that he was alright with the plan. Ms. Luttrell
indicated that this was over the bid limits.

Commissioner Herschend made a motion to approve the purchase of the outer benches
from a safety standpoint as the county has created a skateboard area. Commissioner Pennel
seconded the motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan
(absent).

Commissioner Herschend made a motion to approve the purchase of all trees from
Altimont due to the need to finish the tree grates and lighting prior to the end of August.
Commissioner Pennel seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (absent).

PERSONNEL POLICY

Commissioner Herschend made a motion to approve the Personnel Policy as presented
dated August 11, 2008. Commissioner Pennel seconded the motion. The motion passed by vote:
Pennel (yes), Herschend (yes), Strahan (absent).

CATS

Commissioner Pennel informed the Commission that 70 some cats had been picked up
from a residence in Hollister and asked if the Commission would give the owners father a break
in the cost of those cats. Commissioner Pennel further asked if the County should have him pay
directly to the County or to the City of Hollister.

Commissioner Herschend made a motion to charge only the actual costs for caring for the
cats as this gentleman has gone out of his way to take care of the situation. Commissioner
Pennel seconded the motion. The motion passed by vote: Pennel (yes), Herschend (yes),
Strahan (absent).

SHEILA WYATT
TAX SALE

Commissioner Herschend made a motion to abate #17-3.0-01-006-002-007-004.000 City
of Branson 2006; #08-4.0-19-004-008-001-000.000 City of Branson 2005; #08-7.0-36-000-000-

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 TANEY COUNTY COMMISSION RECORD

006-000.000 Taney County 2005-2006 as presented. Commissioner Pennel seconded the
motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (absent).

INMATE SUPPLIES

Commissioner Herschend made a motion to approve the bid as submitted from Bob
Barker Company for inmate supplies. Commissioner Pennel seconded the motion. The motion
passed by vote: Pennel (yes), Herschend (yes), Strahan (absent).

REFRIGERATORS/MICROWAVES

Commissioner Herschend made a motion to deny requests to purchase refrigerators and
microwaves. Commissioner Pennel noted that he would need to think about the areas where the
public is being served in the courts areas. Commissioner Herschend noted that if we haven’t
needed it before this brand new building, it’s a want versus a need. Motion died for a lack of a
second.

EMPIRE EASEMENT

Counselor Paulson presented the Commission with an easement from Empire Electric for
the Branson Airport. Commissioner Herschend made a motion to approve the easement
contingent upon a centerline survey. Commissioner Pennel seconded the motion. The motion
passed by vote: Pennel (yes), Herschend (yes), Strahan (absent).

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 (absent).

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

Minutes taken and typed by Tressa Luttrell.

AUGUST 19th, 2008 26th DAY OF
THE JULY ADJOURNED TERM

The Commission met at the Hollister City Hall at 1:30 p.m. pursuant to adjourn with
Commissioner Pennel and Commissioner Herschend present and the following proceedings were
had and made a matter of record.

TANEY COUNTY REGIONAL
SEWER DISTRICT

Commissioner Pennel and Commissioner Herschend attended the Taney County
Regional Sewer District Meeting to hear updates on Bee Creek and Ozark Beach projects as well
as discussing the Dam Site Subdivision issue.

Minutes were typed by Nikki Lawrence.

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 TANEY COUNTY COMMISSION RECORD

AUGUST 20, 2008 27TH DAY OF
THE JULY ADJOURNED TERM

The County Commission met in the Commission Office at 9:17 a.m. pursuant to adjourn
with Commissioner Pennel and Commissioner Herschend present and the following proceedings
were had and made a matter of record.

PAYROLL

Commissioner Pennel made a motion to approve the following payroll warrants:

General County Revenue # 104702-104703, 104733-104754

Road & Bridge # 104705-104727

Assessment Fund # 104704, 104728-104729

Transfer Station # 104730-104732

Accounts Payable warrants # 305425-305446, manual warrants # 4878-4879

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

Minutes taken and typed by Nikki Lawrence.

YOUNGLOOD PROPERTIES
DUMPING OF FILL DIRT

Counselor Paulson presented the Commission with an agreement between Taney County
and Youngblood Properties for the dumping of fill dirt. Commissioner Herschend made a
motion to approve said agreement as recommended by Counselor Paulson. Commissioner
Pennel seconded the motion. The motion passed by vote: Pennel (yes), Herschend (yes),
Strahan (absent).

WALK THROUGH SECURITY

Commissioner Herschend made a motion to approve the purchase of a walk through
metal detector and a scanner from Rapiscan in the amount of $26,200.00 contingent upon
contacting the Springfield Branson Airport or the Federal Courthouse. Commissioner Pennel
seconded the motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan
(absent).

JOURNAL ENTRIES

Commissioner Herschend made a motion to approve the following journal entries:

Courthouse Sidewalk - $1,095.92
Dispatch Repair - $837.07
Courthouse Roof - $162.50
Sewer Overlay - $109,976.47
Marsha Lay project - $1,943.66
Judicial Facility - $5,211.40

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

RECESS
9:47 a.m.

Minutes taken and typed by Tressa Luttrell.

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 TANEY COUNTY COMMISSION RECORD

AUGUST 21st 2008 28th DAY OF
THE JULY ADJOURNED TERM

The County Commission met at the Dewey Short Auditorium at 1:00 p.m. pursuant to
adjourn with Commissioner Pennel and Commissioner Herschend present and the following
proceedings were had and made a matter of record.

SEWER VIOLATIONS / DNR

Commissioner Pennel and Commissioner Herschend attended a special meeting to
discuss possible, long-term and short-term, solutions referencing the sewer problems at the Dam
Site Subdivision, Hillbilly Country Motel and Gerth’s RV Park. Also in attendance were
representatives from the Missouri Attorney General’s Office, Missouri Department of Natural
Resources, City of Branson, Taney County Health Department, Great River Engineering, Taney
County Regional Sewer District and David Walsh, property owner.

Minutes typed by Nikki Lawrence.

AUGUST 22, 2008 29TH DAY OF
THE JULY ADJOURN TERM

The County Commission met in the Commission Office at 1:32 p.m. pursuant to adjourn
with Chuck Pennel, Presiding and Ron Herschend, Western Commissioner present and the
following proceedings were had and made a matter of record.

EMERGENCY MEETING
DAM SITE SITUATION

The County Commission called an emergency meeting without 24 hour notice for posting
due to the nature of the situation with raw sewage running into Lake Taneycomo and Branson’s
drinking water.

Commissioner Pennel suggested that the County be the continuing authority for the sewer
plant. Commissioner Herschend commented that it was a good idea. Commissioner Pennel
added that the area is connected to public water therefore could be shut off for non-payment.

Counselor Paulson noted that the County should be sure that we will not be liable for
anything prior as the AG indicated that they would be doing something. Commissioner
Herschend added that what Counselor Paulson didn’t hear is that the AG would go get an
injunction but if they didn’t have the money to pay the penalties, there was nothing the AG could
go after.

Commissioner Pennel asked if the County could enter into an agreement with the DNR
and the AG that would provide a document that wouldn’t slap the County with anything prior.
John Hooker, Sewer Utility Supervisor asked if the County was going to be able to keep the plant
in compliance. John Soutee, Sewer Administrator indicated that the County could enter into a
contract with an operator to keep the plant in compliance.

Commissioner Herschend asked why the county would want to do that. Commissioner
Pennel asked by doing that is there some way that the costs incurred would be attached to a lien
for those property owners and have the cooperation of the DNR and the AG. It’s not realistic
that the individuals there are going to be responsible.

Commissioner Herschend noted that his concern was that we end up with the home
owners saying great…the county is going to fix the problem but we are not going to pay for
anything. Commissioner Herschend asked why the County was between the DNR and the
property owners. Why don’t we get the AG to shut their water off. It could be turned on when
they have a working system. Commissioner Pennel added a continuing authority as well.

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 TANEY COUNTY COMMISSION RECORD

Mr. Soutee noted that the rate would have to be changed as it could not be the normal
rate. Commissioner Pennel questioned if the Circuit Court could do anything. Counselor
Paulson indicated that they have previously caused a place to be inhabitable.

Commissioner Herschend noted that once the County becomes the continuing authority
for one area, we start getting all the sewer problems. Then the County has inherited their
problems.

Several ideas were discussed regarding pumping options. Commissioner Pennel noted
that the private sector has stepped up to help with the immediate crisis, the County needs to
figure out if we are going to do anything. Mr. Soutee asked if anyone had contacted the City of
Branson noting that the liability is what is going to scare most people.

Commissioner Herschend noted that it would be more realistic to place a $10,000 lien on
a house. Commissioner Pennel asked if it was something the County is going to take on, my
sense is that the local government will have to do something.

Mr. Soutee commented that if the AG comes and files on the motel, we are right back in
the same situation, should we put a lien on it as well and add it to the mix. Counselor Paulson
suggested speaking with the AG and noted that it makes more sense to work towards costs versus
fines.

Commissioner Pennel suggested having Mel with Great River draw something up and
Counselor Paulson to contact the AG.

Mr. Soutee asked about the individuals getting paid for the work they are doing.
Commissioner Pennel suggested contacting the White River Basin for funding. Commissioner
Herschend noted that they should seek private funding.

Mr. Soutee asked about on going pumping costs. Mr. Hooker stated they should contact
Mr. VanGilder with the City of Branson for their help too. Commissioner Herschend noted that
it is their drinking water being affected.

RECESS
2:48 p.m.

Minutes taken and typed by Tressa Luttrell.

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).

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 TANEY COUNTY COMMISSION RECORD

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.

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 TANEY COUNTY COMMISSION RECORD

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.

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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.

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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.

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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.

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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.

AUGUST 26, 2008 31ST DAY OF
THE JULY ADJOURNED TERM

The County Commission met at the Keeter Center in Hollister at 11:00 a.m. pursuant to
adjourn with Chuck Pennel, Presiding and Ron Herschend, Western Commissioner present and
the following proceedings were had and made a matter of record.

OZARKS REGIONAL
ECONOMIC PARTNERSHIP

The County Commission attended a county wide economic development meeting to
discuss economic development issues within Taney County.

Minutes typed by Nikki Lawrence.

AUGUST 27, 2008 32nd DAY OF
THE JULY ADJOURN TERM

The County Commission met in the Commission Office at 10:02 a.m. pursuant to adjourn
with all members present and the following proceedings were had and made a matter of record.

DEB MUNDELL
POWELL ROAD

Deb Mundell met with the Commission to discuss the vacation of Powell Road. A
discussion regarding easements, signed documents and the county’s intention ensued. Ms.
Mundell was directed to get all property owners signatures on easements and present to the
Commission. In a letter written by Counselor Paulson, the County will do the necessary legal
work to accomplish the road vacation. Should the Commission not proceed with the vacation of
the road all easements will be returned to the property owners unsigned.

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WOODLANDS
SUPPORT LETTER

Commissioner Herschend made a motion to sign the support letter for the Woodlands
project. Commissioner Pennel seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (yes).

CERTIFICATE OF ELECTED REPRESENTATIVE
REGARDING PUBLIC APPROVAL
FOR QUALIFIED SECTION 501(c)(3) REVENUE BONDS

Commissioner Herschend made a motion to sign the certificate regarding the revenue
bonds for the Industrial Development Authority. Commissioner Pennel seconded the motion.
The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

CEDAR SPRINGS ROAD
DEDICATED PLAT

Commissioner Pennel made a motion to accept the street dedicated plat for Cedar Springs
Road. Commissioner Strahan seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (yes).

RECESS
11:20 a.m.

Minutes taken and typed by Tressa Luttrell.

AUGUST 28, 2008 33RD DAY OF
THE JULY ADJOURNED TERM

The County Commission met in the Taney County Judicial Facility at 2:56 p.m. pursuant
to adjourn with Chuck Pennel, Presiding and Danny Strahan, Eastern Commissioner present and
the following proceedings were had and made a matter of record.

CENTURYTEL TELEPHONES

Commissioner Strahan made a motion to approve the purchase of CenturyTel telephones
in the amount of $17,004.97 due to an emergency and that there was not an opportunity to post
this meeting 24 hours in advance. Commissioner Pennel seconded the motion. The motion
passed by vote: Pennel (yes), Herschend (absent), Strahan (yes).

Minutes taken by Donna Neeley, via telephone, and typed by Nikki Lawrence.

AUGUST 29, 2008 34TH DAY OF
THE JULY ADJOURNED TERM

The County Commission met at the Recycle Center in Branson at 11:00 a.m. pursuant to
adjourn with all members present and the following proceedings were had and made a matter of
record.

ROAD TRIP

The County Commission met with Frank Preston, Road & Bridge Superintendent, to
discuss concerns at the Recycle Center with Ms. Debbie Redford, in addition to viewing Blue
Ridge Drive and Purvis Lane.

Minutes typed by Nikki Lawrence.

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 TANEY COUNTY COMMISSION RECORD

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

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 TANEY COUNTY COMMISSION RECORD
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.

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 TANEY COUNTY COMMISSION RECORD

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.

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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.

SEPTEMBER 3, 2008 36TH DAY OF
THE JULY ADJOURN TERM

The County Commission met in the Commission Office at 9:05 a.m. pursuant to adjourn
with Chuck Pennel, Presiding and Danny Strahan, Eastern Commissioner present and the
following proceeding were had and made a matter of record.

PAYROLL

Commissioner Strahan made a motion to approve the following payroll warrants:

General County Revenue #104784 through #104811

Road & Bridge #104756 through #104778

Assessment Fund #104779 through #104780

Transfer Station #104781 through #104783

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 TANEY COUNTY COMMISSION RECORD

Accounts Payable warrants #305682 through #305701, manual warrants #4883, #4884

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

RECESS

Minutes taken and typed by Nikki Lawrence.

RECONVENE
1:05 p.m.

The County Commission met in the Commission Office at 1:05 p.m. pursuant to adjourn
with Chuck Pennel, Presiding and Danny Strahan, Eastern Commissioner present and the
following procedures were had and made a matter of record.

TAX CREDIT
SUPPORT LETTERS

The County Commission worked on the wording of two tax credit support letters from
the presentation on Tuesday as well as a request from Mark Weisz.

HPL AMENDMENT

Commissioner Strahan made a motion to approve the amended contract with HPL until
the due date of March 15, 2009. Commissioner Pennel seconded the motion. The motion passed
by vote: Pennel (yes), Herschend (absent), Strahan (yes).

RESIDENTIAL FURNITURE BIDS

Tressa Luttrell, County Administrator presented the Commission with bids for Judge
Justus’ office furniture noting that the only complete bid was for over $13,000.00. Ms. Luttrell
noted that in speaking with Mr. Justus, he indicated to both Commissioner Herschend and herself
that he was willing to pay for some of the furniture out of his regular budget.

The Commission suggested taking the bids back to Mr. Justus for his recommendation of
what he would be willing to fund.

CASEY ROAD
DEGRAFFENREID PROPERTY

The Commission along with Frank Preston, Road Superintendent and Randy Haes, Road
Coordinator met with Jerry Degraffenreid to discuss the damage done to his property on Casey
Road and a possible compromise for the replacement of trees and damage to his fencing.

The Commission agreed to go to the location and work out the negotiations as setting
around a table may not show the whole picture.

ROAD STANDARDS

Mr. Preston informed the Commission that he had met with Great River Engineering on
the “Road Standards” and would be proceeding with a more finalized document. Mr. Preston
noted that he would let the Commission review said document for a week to ten days.

ASSIGNMENT OF VEHICLES

Mr. Preston informed the Commission that he had started the assignment of vehicles
which would create a level of accountability.

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“Y” HIGHWAY SEWER PROJECT

Mr. Preston commented that he had briefly reviewed the plans for the sewer project on
“Y” Highway and would like to have some direction as to whether the road & bridge department
would be conducting the road repairs or would it be a part of the contract with the Sewer District.

Commissioner Pennel commented that he was hearing from Mr. Preston that the roads
being included in the contract is common practice. Mr. Preston indicated yes, but not always.

EXECUTIVE SESSION

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

Commissioner Strahan made a motion to increase Bill Morpeth’s pay to $14.75 an hour
effective 9/1/08. Commissioner Pennel seconded the motion. The motion passed by vote:
Pennel (yes), Herschend (absent), Strahan (yes).

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

Minutes taken and typed by Tressa Luttrell.

SEPTEMBER 4, 2008 37TH DAY OF
THE JULY ADJOURNED TERM

The County Commission met in the Commission Office at 4:00 p.m. pursuant to adjourn
with Chuck Pennel, Presiding and Danny Strahan, Eastern Commissioner present and the
following proceedings were had and made a matter of record.

ROCK RIDGE
SUPPORT LETTER

Commissioner Pennel made a motion to approve a resolution of support for the Rock
Ridge project. Commissioner Strahan seconded the motion. The motion passed by vote: Pennel
(yes), Herschend (absent), Strahan (yes).

Minutes were taken and typed by Nikki Lawrence.

SEPTEMBER 8, 2008 38TH DAY OF
THE JULY ADJOURNED TERM

The County Commission met in the Associate Circuit Courtroom II at 8:59 a.m. pursuant
to adjourn with Chuck Pennel, Presiding and Danny Strahan, Eastern Commissioner 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 approved accounts payable warrants #305669 –
305681, #305703 – 305748 and manual warrants #4885 – 4887. Commissioner Pennel seconded
the motion. The motion passed by vote: Pennel (yes), Herschend (absent), Strahan (yes).

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PRIOR MINUTES

Commissioner Strahan made a motion to approve prior Commission Minutes dated
8/15/2008, 8/18/2008, 8/19/2008, 8/20/2008, 8/21/2008, 8/22/2008 and 8/27/2008 with
corrections. Commissioner Pennel seconded the motion. The motion passed by vote: Pennel
(yes), Herschend (absent), Strahan (yes).

PURVIS LANE & BLUE RIDGE DRIVE

Commissioner Pennel stated that the Commission has looked at Purvis Lane & Blue
Ridge Drive, which are both located off of Fruit Farm Road. Commissioner Strahan noted that
he would need more information before a decision is made to accept into the county maintenance
system. He also expressed concern of Commissioner Herschend not being present.

Commissioner Strahan made a motion to table Purvis Lane & Blue Ridge Drive.
Commissioner Pennel seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (absent), Strahan (yes).

JAMES STRAHAN,
COUNTY ASSESSOR

Assessor Strahan questioned whose responsibility it was to inform his department when
roads are taken into the county maintenance system, in order that the systems are correctly
mapped. Tressa Luttrell, County Administrator stated that the Assessor’s Office is supposed to
get a copy of the petition once it is approved by the Commission.

COMMISSIONER PENNEL

Commissioner Pennel commented on attending the Branson City Council Meeting and
that he was very impressed with the company that presented their financial information. He also
noted that he has the presentation of the meeting if anyone would like to see it.

Commissioner Pennel also mentioned that the Taneyville School was building a new
building and discussed trying to get some type of exemption for government entities in regards to
prevailing wage. Commissioner Strahan stated that he would be in favor of sending a letter of
support to the legislature.

PUBLIC COMMENT

Art Beck commented on the new generator at the Judicial Facility and making sure that it
was serviced on a regular basis.

RECESS
9:13 a.m.

Minutes were taken and typed by Nikki Lawrence.

RECONVENE
1:42 p.m.

JOHN LAVENDER
ADDITIONAL HELP

John Lavender, Maintenance Supervisor met with the Commission to ask for an
additional employee as the janitorial work with the added Judicial Facility was overwhelming.
Mr. Lavender indicated that they had already interviewed an individual and would ask that the
Commission consider hiring Amy Sanders at a rate of $10.00 an hour.

Commissioner Pennel noted that he would like to see the application prior to making a
decision.

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 TANEY COUNTY COMMISSION RECORD

RESIDENTIAL FURNITURE
JUDGE JUSTUS’ OFFICE

Commissioner Strahan made a motion to approve the bid as offered by Wheelers
Furniture in the amount of $7,174.00 for the furniture in Judge Justus’ office. Commissioner
Pennel seconded the motion. The motion passed by vote: Pennel (yes), Herschend (absent),
Strahan (yes).

JOHN LAWLER
LEASE AGREEMENT

Commissioner Pennel made a motion to approve the lease agreement between Taney
County and John Lawler for airplane maintenance. Commissioner Strahan seconded the motion.
The motion passed by vote: Pennel (yes), Herschend (absent), Strahan (yes).

ADDITIONAL MAINTENANCE
CONT.

Commissioner Pennel made a motion to approve the addition of Amy Sanders with a 90
day probationary period. Commissioner Strahan seconded the motion. The motion passed by
vote: Pennel (yes), Herschend (absent), Strahan (yes).

FORSYTH STUDENT PROGRAM

Frank Preston, Road Superintendent informed the Commission that the Forsyth School
has a student program where ten to twelve students would work at the recycling center for two
hours on Mondays. The Commission questioned as to who would be supervising the students.
Mr. Preston noted that he would get additional information.

GENERAL UPDATE

Mr. Preston let the Commission know that they were looking at paving the end of Casey
next week. A meeting with the Degraffenreid's will be scheduled for Wednesday morning to
discuss their request regarding the replacement of trees and a fence along Casey Road.

Mr. Preston noted that FEMA has indicated that 80% of John Rider’s salary will be
reimbursed from the beginning of the declaration by FEMA.

Mr. Preston also noted that the cleaning of the retention ponds by Sunbelt Environment
will be completed soon, and that both Mr. Preston and Sunbelt has been in contact with the DNR.

RECESS
3:05 p.m.

Minutes taken and typed by Tressa Luttrell.

SEPTEMBER 9, 2008 39TH DAY OF
THE JULY ADJOURN TERM

The County Commission met in the Commission Office at 4:00 p.m. pursuant to adjourn
with Chuck Pennel, Presiding and Danny Strahan, Eastern Commissioner present and the
following proceedings were had and made a matter of record.

EMPLOYMENT INTERVIEW

The Commission participated in an interview for the IDA Director along with Cy Murray
and Jerry Jeske from the IDA Board.

Minutes typed by Tressa Luttrell.

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 TANEY COUNTY COMMISSION RECORD

SEPTEMBER 10, 2008 40TH DAY OF
THE JULY ADJOURN TERM

The County Commission met in the Commission Office at 9:07 a.m. pursuant to adjourn
with Chuck Pennel, Presiding and Danny Strahan, Eastern Commissioner present and the
following proceedings were had and made a matter of record.

MINUTES

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

BOB PAULSON
WORK SESSION

The Commission met with Counselor Paulson to get an update on legal issues as well as
his weekly schedule. Commissioner Pennel asked that Counselor Paulson work up whatever he
thinks is needed for the building on 139 David Street to start the 90 day buy back with Peter Rea.
Counselor Paulson indicated that he would have a document ready prior to the meeting on the
11th.

Counselor Paulson updated the Commission on some discussions he had regarding the
reclassification of the time shares. Commissioner Pennel noted that he would like to have a copy
of his information.

BUILDING MOVE
DISCUSSION

Tressa Luttrell, County Administrator commented that no matter who will be housed in
the current Planning & Sewer areas that the Commission should probably get someone like
Sunbelt to come in a take a look at the area for mold etc. Commissioner Pennel noted that John
Lavender, Maintenance Supervisor should conduct a deep clean, even power wash the area.

Frank Preston, Road Superintendent commented that he agreed with Ms. Luttrell and felt
it would make the employees feel better about the situation. Commissioner Strahan noted that he
would just like to make it clear that after the cleaning of the area, no matter who goes in there,
we call someone in to have it checked out.

Commissioner Pennel noted that he thought he made himself very clear in shop talk
regarding the moving of offices in that it is still just ideas, however Mr. Rider and Ms. Roberts
went down to the Planning & Zoning and Sewer District to do some measurements which keeps
stirring the pot, so to speak. Mr. Preston noted that he was unaware that that had been done.

CONNELL INSURERS

Representatives from Connell Insurers discussed the County’s insurance needs and
informed the Commission that they were very interested in participating in the RFQ for health
insurance.

CASEY ROAD
DEGRAFFENREID PROPERTY

The Commission along with Mr. Preston met on site at the Degraffenreid Property on
Casey Road to discuss the recent request for trees and fencing.

Minutes taken and typed by Tressa Luttrell.

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 TANEY COUNTY COMMISSION RECORD

SEPTEMBER 11, 2008 41st DAY OF
THE JULY ADJOURNED TERM

The Commission met in Judge Justus’ office at 1:15 a.m. pursuant to adjourn with all
members present and the following proceedings were had and made a matter of record.

SECURITY ISSUES

The Commission discussed various security issues with the Judicial Facility, including,
location of locks on doors, securing particular hallways and security problems involving access
to hallways. To date, all individuals who enter the building are to be checked with the wand,
according to Circuit Judge Orr.

The Commission also made some mention of a security system that would communicate
to judges and others what to do in the event of a threat.

Minutes were taken by Bob Paulson and typed by Nikki Lawrence.

SEPTEMBER 12, 2008 42ND DAY OF
THE JULY ADJOURN TERM

The County Commission met in the Commission Office at 8:30 a.m. pursuant to adjourn
with Chuck Pennel, Presiding and Danny Strahan, Eastern Commissioner present and the
following proceedings were had and made a matter of record.

PRIOR MINUTES

Commissioner Pennel made a motion to approve prior Commission Minutes dated 8/25,
8/26, 8/29, 9/2, 9/4. Commissioner Strahan seconded the motion. The motion passed by vote:
Pennel (yes), Herschend (absent), Strahan (yes).

EMERGENCY SEWER LINE
REPAIR

Counselor Paulson noted that it came to the Commission’s attention yesterday that some
sewer lines and manholes are exposed and could be damaged, possible property damage and
even a bridge wash out should the county receive the rains that are forecast for the weekend,
therefore there wasn’t a possibility to post as required for 24 hour notice but was posted late
yesterday afternoon.

Commissioner Strahan noted that the weather forecast from Hurricane Ike was for the
possibility of 10” of rain. Counselor Paulson noted that he would like to wait until Tuesday for
the Sewer District Meeting but that there is no assurance that the damage wouldn’t be done or
the bridge washed out so it needs to be brought up today.

Commissioner Pennel made a motion to direct the road & bridge to get the gravel
removed from the bridge, at the head of the bridge and do what’s needed to protect the manhole
that is exposed. Tressa Luttrell, County Administrator asked for a location of said repair.
Commissioner Pennel noted that it was located at the Harold Plott property in Hollister.
Commissioner Strahan seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (absent), Strahan (yes).

PERSONNEL INTERVIEWS

The Commission participated in personnel interviews for the position of IDA Director
along with members from the IDA Board.

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 TANEY COUNTY COMMISSION RECORD

Minutes taken and typed by Tressa Luttrell.

SEPTEMBER 15, 2008 43rd DAY OF
THE JULY ADJOURNED TERM

The County Commission met in the County Commission Hearing Room at 9:03 a.m.
pursuant to adjourn with Chuck Pennel, Presiding, and Danny Strahan, Eastern Commissioner
and the following proceedings were had and made a matter of record.

Prayer was led by Helen Soutee, County Treasurer, followed by the pledge.

ACCOUNTS ALLOWED

Commissioner Strahan made a motion to approve accounts payable warrants #305749
through #305853 and manual warrants #4888, #4889. Commissioner Pennel seconded the
motion. The motion passed by vote: Pennel (yes), Herschend (absent), Strahan (yes).

PRIOR MINUTES

Commissioner Pennel tabled prior Commission Minutes dated 8/28/2008, 9/3/2008,
9/8/2008, 9/9/2008 and 9/10/2008. Commissioner Strahan seconded the motion. The motion
passed by vote: Pennel (yes), Herschend (absent), Strahan (yes).

CHRIS BERNDT,
EMERGENCY MANAGEMENT DIRECTOR,
FLOODING UPDATE

Chris Berndt, Emergency Management Director, updated the Commission on the effects
of the storm throughout Taney County this past weekend.

Mr. Berndt noted that it flooded along Lake Taneycomo as well as Bull Creek. He also
commented that residents were concerned that the Corp of Engineers would be releasing
additional water over the weekend but added that that was untrue.

In addition to the flooding, Mr. Berndt noted that there were many trees down throughout
the county due to high winds and the power companies are continuing to restore power.

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

Mr. Berndt commented that he is compiling a list of those who need assistance and will
work towards gaining public and individual assistance through FEMA.

The Commission complimented Mr. Berndt and his staff, as well as the Road & Bridge
Department for all their efforts during this storm.

RECESS
9:15 a.m.

Minutes taken and typed by Nikki Lawrence.

RECONVENE
11:30 a.m.

The County Commission reconvened in the Commission Office with all members
present.

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 TANEY COUNTY COMMISSION RECORD

“K” HIGHWAY
EMERGENCY ROAD

Frank Preston, Road Superintendent informed the Commission that he had received a
phone call regarding the water rising over “K” Highway and that the residents couldn’t get
through the locked gate.

Ed and Allan Wilson, owners of the property known as the “K” Highway Emergency
Road had previously sent in a request for the Commission which is as follows:

“Items for Taney County to do prior to opening of roadway and after closing (dated September 11, 2008)

1. Raise the roadway at pond. There is a survey stake for height. From 6/13/02 contract. Road was closed August 2,
2002.
2. Road fixed when closed.
3. Gate on north side of road has post pulling out of ground. Result of original contract.
4. Gravel road from north side of road at creek to main road. From original contract.
5. Adjust gates. People have removed gates. They are sagging. Need to be welded.
6. Remove stumps off property by creek.
7. Trees down on left coming off K-10. From original contract. Need to be removed.
8. Center gate. Fence need to be tied to gate posts with wire ties and not plastic like was used originally.
9. Trash at east side of property from original road building. Old fencing and posts. Dixon pushed it over the hill to the
east on roadway.
10. Need clay to build pond. County crews pushed what we bought over the hill.
11. 3-3 ft heavy duty chains and 4-4 ft chains to replace ones that were stolen on August 4 and July 26, 2008. On 3-22-05
drug bust at motel, 1 lock and two chains cut by Taney County Sheriff. Gates were left open.
12. Gravel at all cattle guards where traffic has worn it out.
13. Make sure Sheriff has keys to get thru when road is open. Don’t call us for entrance. This happened July 20, 2008.

Items 1, 3, 4, 6, 7, 8, 9, 10 are from the original building of the road. The original contract was signed on 6/13/02. All these
items were to be done by the time the road was closed.

Items 2, 5, 11, 12, 13 are things that need to be repaired or replaced from this opening.

Per wording in the original contract dated 6/13/02, the County is the one that has not stood up to the agreement not the
landowners. We have bent over backwards to accommodate the residents and landowners. We have been thanked by chains
being cut, gates being taken off hinges, gates being left open, calls from people who have boats at K-Dock and the Dock Owner
and littering on our property.

Before the road can be opened again, we as landowners need to assured in writing that the above mentioned items will be taken
care of in a timely manner. A letter signed by the commissioners will suffice.

Ed Wilson”

Commissioner Pennel suggested that all parties go to the site for review. Commissioner
Strahan noted that the County would replace what they broke. Commissioner Herschend made a
motion to approve all requests with the exception of #1 and #4, replace the clay and line the
pond.

Commissioner Pennel stated that most of the requests are maintenance and would want to
look at #1, 4 and 10. Motion died for a lack of a second.

Commissioner Herschend made a motion to approve #2, 3, 5, 6, 7, 8, 9, 11, 12 and 13.
Commissioner Pennel seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (yes).

RECESS
12:30 p.m.

RECONVENE
2:13 p.m.

The Commission reconvened in the Commission Office with Chuck Pennel, Presiding
and Danny Strahan, Eastern Commissioner present.

FRANK PRESTON & TRESSA LUTTRELL
WORK SESSION

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

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 TANEY COUNTY COMMISSION RECORD

1. Weekend Storm: Mr. Preston updated the Commission on the storm damage from the
weekend.

2. Fall Clean Up: Mr. Preston noted that the Fall Clean Up was scheduled for October 18th.

3. No Parking Signs: Commissioner Pennel commented that he had been requested to place
four “no parking” signs at the senior housing complex located across from the new
Judicial Facility so that their parking spots would not be taken up by citizens going to the
facility.

After a brief discussion, Commissioner Pennel made a motion to provide four “no parking” signs
of some sort, to be paid for out of the judicial facility budget and after consulting with the City of
Forsyth. Commissioner Strahan seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (absent), Strahan (yes).

4. Flood Victims: Commissioner Strahan noted that he had received a call from the Village
of Bull Creek regarding the dumping of items at the transfer station due to the recent
flooding. Commissioner Strahan questioned as to whether the Commission wanted to
extend the free dumping or approve them as a case by case basis.

Commissioner Strahan made a motion that with the expense that the individuals at Bull Creek
have incurred personally, that the County would extend free dumping at the transfer station.
Commissioner Pennel noted that he would like to continue with how the transfer station has been
handling these cases from the last flood, in which Karen Custer was using her judgment when
the residents would come to dispose of items. The motion died for a lack of a second.

Commissioner Strahan made a motion to continue the use of Ms. Custer using her judgment on
the dumping for the flood victims for Bull Creek. Commissioner Pennel seconded the motion.
The motion passed by vote: Pennel (yes), Herschend (absent), Strahan (yes).

5. Animal Control Adoption: Commissioner Strahan made a motion to allow Animal
Control to conduct adoptions at Autumn Days for 4 -5 hours. Commissioner Pennel
seconded the motion. The motion passed by vote: Pennel (yes), Herschend (absent),
Strahan (yes).

6. “K” Highway Emergency Road: Commissioner Strahan made a motion to pay Allen
Wilson $700.00 for clay purchased by Mr. Wilson and used by the county for other
purposes on the “K” Highway Emergency Road. Commissioner Pennel seconded the
motion. The motion passed by vote: Pennel (yes), Herschend (absent), Strahan (yes).

RECESS

Minutes taken and typed by Tressa Luttrell.

SEPTEMBER 16, 2008 44th DAY OF
THE JULY ADJOURNED TERM

The Commission met at the Hollister City Hall at 12:03 p.m. pursuant to adjourn with all
members present and the following proceeding were had and made a matter of record.

EXECUTIVE SESSION

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

Commissioner Herschend made a motion to request the City of Branson to pursue
litigation with JC Industries Incorporated on the Table Rock Acres sewer project under the
following conditions:
1) The County will pay/or reimburse the City for all legal expenses.
2) The City will remit to the County all proceeds and awards from the lawsuit.

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 TANEY COUNTY COMMISSION RECORD

3) The cost of litigation and any award will come out of the sewer sales tax fund and any
award will be placed back in the sewer sales tax fund.

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

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).

Minutes taken by Susie Braden and typed by Nikki Lawrence.

TANEY COUNTY REGIONAL
SEWER DISTRICT PRE-MEETING

The Commission attended the Taney County Regional Sewer District Pre-Meeting to
hear a presentation from Mr. Rick Ziegenfuss, City of Hollister’s Administrator.

TANEY COUNTY REGIONAL
SEWER DISTRICT MEETING

The Commission attended the Taney County Regional Sewer District Meeting to hear
updates on Bee Creek and Ozark Beach projects as well as discussing utility truck information
and staff wages / overtime benefits.

TANEY COUNTY REGIONAL
SEWER DISTRICT WORK SESSION

The Commission attended the Sewer Board Work Session to discuss priority projects and
financial options.

Minutes typed by Nikki Lawrence.

SEPTEMBER 17, 2008 45TH DAY OF
THE JULY ADJOURN TERM

The County Commission met in the Commission Office at 9:00 a.m. pursuant to adjourn
with Chuck Pennel, Presiding and Danny Strahan, Eastern Commissioner present and the
following proceedings were had and made a matter of record.

PAYROLL

Commissioner Pennel made a motion to approve the following payroll warrants:

General County Revenue: #104813, #104814, #104845 through #104868

Road & Bridge: #104816 through #104838

Assessment: #104815, #104839 through #104840

Transfer Station: #104841 through #104843

911 Administration: #104844

Accounts Payable warrants #305866 through #305887, manual warrants #4890, #4891

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

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 TANEY COUNTY COMMISSION RECORD

APPRAISAL CONTRACT

Counselor Paulson presented the Commission with a contract between Taney County and
Gary Coleman to provide appraisals for 36 properties that was previously done by Randall
Walker for the State Tax Commission. Counselor Paulson noted that it was his and Attorney
McCullah’s intention to have appraisals done on the same properties to show that they were not
accurate.

Commissioner Pennel asked when these appraisals had been done. Counselor Paulson
noted within the last 8 – 10 months. Commissioner Pennel stated that he would like to see these
appraisals. Counselor Paulson explained that Mr. Coleman has stated the methodology for these
appraisals is all wrong and stated that he would locate a copy for Commissioner Pennel.

Commissioner Pennel made a motion to table said contract until 1:00 p.m.
Commissioner Strahan seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (absent), Strahan (yes).

RECESS
9:10 a.m.

RECONVENE
9:38 a.m.

MIKE COLE
CASEY ROAD SEWER ISSUE

Mike Cole, Lab Technician for the Taney County Regional Sewer District met with the
Commission to report back on a reported problem at 281 Casey Road. Mr. Cole noted that after
conducting tests, that the issue should resolve itself and noted that the problem resulted because
of the ground water.

Commissioner Pennel questioned if Mr. Cole was ok with the results for the environment.
Mr. Cole confirmed that he was satisfied.

RECESS
9:47 a.m.

Minutes taken and typed by Tressa Luttrell.

SEPTEMBER 18, 2008 46TH DAY OF
THE JULY ADJOURN TERM

The County Commission met in the Commission Office at 12:50 p.m. pursuant to adjourn
with all members present and the following proceedings were had and made a matter of record.

SHERIFF RUSSELL
REPLACEMENT VEHICLE

Sheriff Russell spoke to the Commission via the telephone regarding the replacement of
one of the patrol vehicles that had recently been wrecked. Sheriff Russell noted that insurance
would issue a check for $15,500 however to replace the vehicle there is a $7,500 difference and
requested that the Commission allow those funds to come from the contingency fund.

Sheriff Russell explained that the wrecked vehicle had around 60-70,000 miles and
would not have been scheduled to be replaced this next year. Commissioner Herschend asked
Tressa Luttrell, County Administrator if replacing this vehicle would need to be bid out. Ms.
Luttrell answered yes, that even the difference in the price is over the bid limit.

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 TANEY COUNTY COMMISSION RECORD

Sheriff Russell questioned why they couldn’t use the previous bid. Ms. Luttrell
explained that if it had been an annual bid, no matter how many vehicles was purchased would
have been alright, however the county bid out for a specific number of vehicles.

Commissioner Strahan asked when the state bids would be awarded. Both Ms. Luttrell
and Sheriff Russell noted that they start in October and go through December. Commissioner
Herschend made a motion to have Ms. Luttrell bid out for the replacement of the vehicle. After a
brief discussion, Commissioner Strahan seconded the motion. The motion passed by vote:
Pennel (yes), Herschend (yes), Strahan (yes).

SEPTAGON
MONTHLY UPDATE

Discussions were had on various issues concerning the new Judicial Facility and some
recent issues that had arrised since the building had been occupied.

• Rental Boxes are in the location of the new parking lot and will need to be emptied out by
Wednesday, September 24th and moved. Commissioner Herschend to notify the Sheriff.
• The location of the current dumpster at the Courthouse will not be accessible once the
new parking lot is constructed. John Lavender, Maintenance Supervisor to coordinate
with road & bridge and relocate to the area where the old tower is located.
• Problems with the elevators and who is allowed to use the “Judges” elevator was
discussed. Both Septagon and HMN noted that it was a code issue and therefore would
need to be a policy and procedure clarification.
• Ms. Luttrell was directed to keep a list of all issues, requests, etc. through the end of
October and that the building to proceed as is, then all parties come back together and
discuss the list and possible resolutions.
• The Laundry Room does not have automatic soap dispensers and is not in the specs as
such. Mr. Lavender directed to contact his vendors and have them locate a self feeding
dispenser.
• HMN is working on the resolution to make the granite on the staircase slip resistant.
• Ms. Luttrell to get some verbiage for three door locations noting that they are emergency
exits only and will sound an alarm if opened. Mike Smith, Construction Manager will
also look at an audible alarm.
• Circuit Clerk Neal is looking for an answer per Judge Orr’s request to place vending/soda
machine in the Jury Assembly room. At this time no decision has been made.
• HMN to get back with the Commission by 9/24 regarding liquidated damages.
• Jury seats, foot rails and benches were again discussed as per the Judges request and will
be addressed along with the other issues at the end of October.
• Metroplex to verify all UPS locations are working correctly.
• The stack for the emergency generator was discussed as requested by a citizen. Mr.
Lavender to purchase a carbon dioxide detector and the county to look at additional pipe
as well.

Commissioner Strahan made a motion to deny RFI 197 requesting an additional $1,340.00 for
the glass adjacent to door 160-A as HMN does not see the justification in the request.
Commissioner Herschend seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (yes).

Commissioner Strahan made a motion to deny RFI 338 requesting an additional $1,022.00 for
additional wiring for the clothes dryer exhaust fan as Henderson Engineers does not believe the
County should be responsible for any additional costs. Commissioner Herschend seconded the
motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

Commissioner Herschend made a motion to proceed in not asking for a deduction for the
deletion of shelving in the dayroom video visitation units but to construct the remaining shelves
as recommended by Karen Opplinger from HMN. Commissioner Strahan seconded the motion.
The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

Commissioner Strahan made a motion to approve PR #53 for a credit of $6,452.00 to delete
bypass valves that were not needed. Commissioner Pennel seconded the motion. The motion
passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

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 TANEY COUNTY COMMISSION RECORD

Commissioner Herschend left the meeting at 3:03 p.m.

RECESS
3:14 p.m.

Minutes taken and typed by Tressa Luttrell.

SEPTEMBER 19, 2008 47th DAY OF
THE JULY ADJOURNED TERM

The County Commission met in the Commission Office at 2:30 p.m. pursuant to adjourn
with Chuck Pennel, Presiding and Ron Herschend, Western District Commissioner present and
the following proceedings were had and made a matter of record.

COLEMAN CONTRACT

Commissioner Pennel made a motion to approve the contract as presented for appraisal
services with Gary Coleman and as this issue is scheduled for 4:30 today, and as the Commission
may not be available the vote would be taken up at this time and ratified via the telephone.
Commissioner Herschend seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (absent).

RECESS
2:35 p.m.

RECONVENE
4:35 p.m.

The County Commission met in the Commission Office at 4:35 p.m. pursuant to adjourn
with Ron Herschend, Western Commissioner, present and Danny Strahan, Eastern
Commissioner, via telephone and the following proceedings were had and made a matter of
record.

APPOINT PRESIDING

Clerk Neeley, swore in Commissioner Herschend as temporary Presiding Commissioner
in the absence of Commissioner Pennel pursuant to RSMo.

COLEMAN CONTRACT

Commissioner Herschend made a motion to ratify action taken earlier today at 2:30 p.m.
to approve the Coleman Contract as signed. Commissioner Strahan seconded the motion. The
motion passed by vote: Pennel (absent), Herschend (yes), Strahan (yes).

Minutes taken and typed by Nikki Lawrence.

SEPTEMBER 22, 2008 48th DAY OF
THE JULY ADJOURNED TERM

The County Commission met in the County Commission Hearing Room at 9:01 a.m.
pursuant to adjourn with all members present and the following proceeding were had and made a
matter of record.

Prayer was led by Mr. Gary Groman followed by the pledge.

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 TANEY COUNTY COMMISSION RECORD

ACCOUNTS ALLOWED

Commissioner Strahan made a motion to approve accounts payable warrants #305854 –
305865, #305888 – 305986 and manual warrants #4892 – 4894. Commissioner Pennel seconded
the motion. The motion passed by vote: Pennel (yes), Herschend (abstain), Strahan (yes).

PRIOR MINUTES

Commissioner Strahan made a motion to approve prior Commission Minutes dated
8/28/2008, 9/3/2008, 9/8/2008, 9/9/2008, 9/10/2008, 9/12/2008, 9/15/2008, 9/17/2008 and
9/18/2008. Commissioner Pennel seconded the motion. The motion passed by vote: Pennel
(yes), Herschend (yes), Strahan (yes).

PURVIS LANE

Ms. Pat Woodbury and several area residents appeared before the Commission to discuss
Purvis Lane.

Commissioner Pennel stated that the Commission, along with Mr. Preston, Road &
Bridge Superintendent, visited Purvis Lane.

Ms. Woodbury recalled the county working on Purvis Lane approximately 10 years ago,
but was never touched again. She also commented that she was told by the Commission at that
time, Purvis Lane would be maintained by the county. Ms. Woodbury noted concerns of
emergency vehicles or propane service being able to make it down Purvis Lane.

Commissioner Strahan stated Purvis Lane was not in our county maintenance system.
Ms. Woodbury noted that when she initially spoke with Commissioner Herschend, she was told
that Purvis Lane was on the grater maintenance schedule and now its not. She also questioned
how that happened.

Commissioner Strahan discussed cost estimate and what it would take to bring the road
up to meet the county standards according to our road standards policy. Mr. Preston noted that it
would take $30,000 to $50,000 to bring Purvis Lane up to standards. He also commented that to
have the bare minimum work done and to make it passable, it would take $5,000, as there is no
ditch work, but it would only last until the next rain storm.

Commissioner Pennel made a motion to direct Road & Bridge staff to schedule Purvis
Lane for a Class V, grater maintenance. Commissioner Strahan questioned whether or not it had
been through the petition process.

Mr. Gerald Freese, property owner, stated the county had in fact worked on the road to
make it passable and spent a lot of time, money and effort. He also questioned why they would
put that into it and not maintain it.

Motion died for lack of being seconded.

Commissioner Strahan commented that he wanted to see proof of a completed petition,
signatures and written documentation it has been taken into the county maintenance system.

Commissioner Pennel made a motion to take in Purvis Lane as a Class VI contingent on
evidence the county expended funds in the past.

Motion died for lack of being seconded.

Commissioner Herschend made a motion to table until the evidence of approval is found.
Commissioner Strahan seconded the motion. The motion passed by vote: Pennel (opposed),
Herschend (yes), Strahan (yes).

LAKE BEACH LANE
ROAD PETITION

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

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Located in Lakeland Beach > Section 34, Township 23N, Range 22W
This road is a through street that runs from Lakeland Avenue to Scenic. There are no houses that have
main access off this road at this time, but a couple of lots are being cleared. The road needs a ditch line
excavated and shaped for drainage and a cross culvert installed at the corner of the road. The surface has
cracks appearing in the edge of pavement, due to there are no stable shoulders to support the road edge.
There are two entrances off this road, one new entrance to a lot being cleared and an entrance to a lot on
Scenic. If taken into the county system I would recommend a Class VI until homes are established.

Mr. Chris Cooper, petitioner, appeared before the Commission to get Lake Beach Lane
adopted into the county maintenance system.

Commissioner Herschend made a motion to table as he would like to have Mr. Preston
take a look at the road and noted his concerns of not following the road standards.
Commissioner Strahan seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (yes).

COMFORT LANE
ROAD PETITION

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

Located in Lakeshore Drive Estates > Section 33, Township 23N, Range 21W
This road is a through road that runs from North Fork to Deano. The intersection at North Fork has
drainage problem with the culvert filled in on the flow outside, causing the standing water and pothole
problem. The culvert should be replaced to a larger size and graded out for drainage on the flow outside.
The surface will require some patching in a couple of areas, one of these being a utility cut that has settled
and an area that chip and seal is missing. The other cross culvert needs to be cleaned on the flow outside
and one driveway culvert needs cleaning. The surface should be widened and chip sealed. I would
recommend a Class V if taken into the county road system. Cost to the county for patch repair, culvert
work and chip seal surface is $10,000 to $15,000 estimated cost.

Mr. Pat Barnett, petitioner, appeared before the Commission to get Comfort Lane
adopted into the county maintenance system. He explained where Comfort Lane was located, as
well as informing the Commission there are 8 to 10 homes located on the road.

Commissioner Herschend made a motion to take in Comfort Lane to the county
maintenance system. Commissioner Strahan seconded the motion. The motion passed by vote:
Pennel (yes), Herschend (yes), Strahan (yes).

Commissioner Herschend urged the Commission to schedule a work session to discuss
whether or not it is prudent to the county to take in additional roads due to the flooding and the
incomplete work orders.

FLOODING UPDATE

Chris Berndt, Emergency Management Director, stated officials from FEMA were
scheduled to tour our county on Tuesday, September 23rd for individual assistance and on
Wednesday, September 24th for public assistance.

Commissioner Strahan questioned whether there was assistance for those who owned
property that had down trees on it. Mr. Berndt stated that unfortunately there was no assistance
for those individuals.

GARY MORGAN & BOB DIXON

Gary Morgan, I.S. Administrator, and Bob Dixon, Recorder of Deeds, approached the
Commission on a time sensitive issue. Mr. Morgan stated that Mr. Dixon backs up his
Docuware system on a device called a snap server, which is unfortunately not working correctly.
He also stated that by obtaining pricing through a bid process, for a new backup device, it may
exceed the time limit. He also commented that he had already begun obtaining quotes from
various companies.

Mr. Dixon stated that the value of his Docuware system is approximately $300,000,
which is basically everything in the vault in his office. Commissioner Pennel asked if waiting

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twenty-four (24) hours to make a decision would make a difference. Both Mr. Dixon and Mr.
Morgan stated that would be fine. The Commission concurred.

COMMISSIONER HERSCHEND

Commissioner Herschend publicly thanked Mr. Morgan and his staff for all of their hard
work during the move of offices, as well as Ms. Tressa Luttrell, County Administrator, for all of
her years of hard work and dedication of all the facets of the Judicial Project.

Commissioner Herschend was concerned that a tax credit support letter from the
Commission for Sycamore View, as well as Rock Ridge, had not been through the Planning &
Zoning process.

SHEILA WYATT

Collector Wyatt informed the Commission that the City of Branson approved CID
(Community Improvement District) and the county would receive 1%, which would go into
General County Revenue Fund. She also indicated she would like to see it on her tax bills.

Commissioner Herschend noted concerns of additional staffing, if necessary and also
appreciates the efforts of Ms. Wyatt and her staff. He also expressed a possibility of scheduling
a work session to discuss any additional needs.

DONNA NEELEY

Clerk Neeley commented that she was asked questions about salaries for office holders,
due to assessed valuation. She was requesting to be able to go outside the county for an opinion.

Counselor Paulson noted that he had no objections with Clerk Neeley’s request.
Commissioner Herschend requested for Clerk Neeley to submit her request to the Commission in
a meeting. The Commission concurred to meet with Clerk Neeley on Tuesday.

PUBLIC COMMENT

Mr. Art Beck commented on the Greene County Crime Lab and what a great resource
that will be for our county. The Commission noted how they had already toured the facility and
stated that it would save our county money.

RECESS
10:41 a.m.
Commissioner Strahan made a motion to recess. Commissioner Pennel seconded the
motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

Minutes were taken and typed by Nikki Lawrence.

RECONVENE
1:13 p.m.

BOB PAULSON
WORK SESSION

Counselor Paulson met with the Commission to discuss current legal issues as well as
review upcoming events on his calendar.

FRANK PRESTON & TRESSA LUTTRELL
WORK SESSION

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

1. Maintenance Issues: Commissioner Herschend noted that John Lavender, Maintenance
Supervisor is being pulled is several different locations as well as his staff.

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Commissioner Herschend commented that he would like to send out an email regarding
some changes being made in the maintenance department.

Commissioner Herschend added that a maintenance form shall be filled out and turned in
for items to be done by priority. Also those issues that deal with the new Judicial Facility can be
checked as well. Commissioner Strahan noted that the Judicial Facility issues needed to be
tracked for warranty work.

2. Misc. Roads: Mr. Preston noted that he would be looking into a complaint of water
damage at Scenic and Lakeland. The property owner at the end of Shady Lane is
concerned that the cul-de-sac is prior to their property and when it rains, they can not get
to their property. Commissioner Strahan noted that he did not want to build a road to a
house that is not even there yet. Commissioner Pennel noted that he would go take a look
at the issue.

Mr. Preston commented that the paving to the end of Strawberry is finished and there will
be a final walk through next week. Commissioner Herschend asked about the wall on
Blackhawk that was failing. Mr. Preston noted that the work should be close to being finished.

Mr. Preston commented that the flooding at Trout Hollow is caused by the work
previously done on the county road and would be looking at the issue with Commissioner
Herschend to see what options the county has.

Commissioner Herschend asked for Purvis Lane petition to be tabled until the next week
as he would be out of town. Commissioner Strahan commented that he would like to see a
summary of what has taken place with Purvis Lane.

3. Carte Graph training: Mr. Preston noted that a training for the Carte Graph system was
going to be held in Debuke, IA for $2,400 which covers the airfare/motel and training
and he would like to send Kathy Roberts and John Rider. Mr. Preston added that the
county currently gets maintenance training but had not received any in depth training.

4. Shelving request: Ms. Luttrell informed the Commission that the County Clerk had
requested some shelving for the vault and would like for the Commission to pay for out
of the Judicial budget. Clerk Neeley noted that she considered this expense to be a part
of the moving expenses. Commissioner Herschend commented that he would argue, not
against the shelving, but that it is not a part of the move.

Commissioner Pennel made a motion to table the issue. Commissioner Strahan seconded
the motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes). Clerk
Neeley commented that she would like to go ahead and purchase the shelving with the purchase
card and figure out where to pay for it later. Ms. Luttrell commented that she would still need a
budget code for the purchase order. Commissioner Pennel stated that she should hold off on the
purchase.

EXECUTIVE SESSION

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

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
3:10 p.m.

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SEPTEMBER 23, 2008 49TH DAY OF
THE JULY ADJOURN TERM

The County Commission met in the Commission Office at 10:30 a.m. pursuant to adjourn
with Chuck Pennel, Presiding and Danny Strahan, Eastern Commissioner present and the
following proceedings were had and made a matter of record.

GARY MORGAN
SNAPP SERVER

Gary Morgan, IS Administrator and Recorder Dixon met with the Commission to
continue the discussion regarding a failed server as previously discussed on Monday. Mr.
Morgan presented the Commission with the costs for replacing the server with a HP at
$13,968.00. Mr. Morgan noted that the HP was by far a better quote.

Commissioner Strahan made a motion that due to the emergency situation with the
amount of documents that could be lost and the time to replace that data, that the quote from HP
for $13,968.00 be approved. Commissioner Pennel seconded the motion. The motion passed by
vote: Pennel (yes), Herschend (absent), Strahan (yes).

A discussion regarding placing a mirrored server to be located at the Underground
ensued.

EMAIL REQUEST

Commissioner Pennel noted that he had received a request from an employee to send a
group email advertising a CD for sale. Counselor Paulson commented that he had answered the
same email and commented that the county has a policy for email and either it is enforced or not.

Mr. Morgan expressed his concern with the amount of band width the county will be
paying for all of those “group” emails but how do you enforce it.

Commissioner Herschend entered the meeting at 10:42 a.m.

A suggestion of getting all the department heads and elected officials together to discuss
the issue was briefly discussed.

OUTSIDE COUNSEL
CLERK NEELEY – SALARY COMMISSION

Clerk Neeley commented that until Auditor Findley came into her office and noted that
there may be an alternative way to interpret the statutes it was her intension to certify the salaries
of the incoming Commissioner at $49,000.00. Commissioner Herschend stated that it was
Commissioner’s, there are two. Clerk Neeley added that according to Auditor Findley counties
are doing it different and if you Commissioners are alright with it, she would certify at
$49,000.00 and if the incoming has a problem with it then we will go out for a legal opinion.
Commissioner Strahan stated that it is not fair, it’s a salary commission issue, what your doing is
putting it on our shoulders, and for us to think it’s fair for us to have a raise, I don’t think that is
right Ms. Neeley. Clerk Neeley then commented that she felt the issue did need to go outside.

Counselor Paulson asked what the assessed evaluation was for the county to determine
what the Commission’s salary would be set at. Clerk Neeley noted that she thought it was at
least $51,000.00 but hadn’t checked to see if it was $53,000.00. Counselor Paulson asked if it
was at least $51,000.00 then why would you set it at $49,000.00. Clerk Neeley noted that the
Presiding Commissioner has to be $2,000.00 more than the Associates. Counselor Paulson noted
that it also says that they will be set at the same percentage and based on the assessed valuation.
Counselor Paulson added that the first thing you have to do is look at all the statutes, if they are
conflicting then you have to harmonize, if you can’t then you have to take the latest over the
oldest and the more specific over the more general. Clerk Neeley again stated that the county
needed to go out for an opinion.

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Commissioner Herschend stated that for that last few years there has been a discrepancy
in the salary of the Associates versus the Presiding and the Clerk never brought up the issue that
there was a problem. Commissioner Herschend further added that if they stand on the fact that
the Presiding makes $2,000.00 more than the Associates, then this county owes both
Commissioner Strahan and myself some money. Clerk Neeley added that you also have to add
in the fact that there is no midterm raises.

Commissioner Herschend stated that the Presiding was making more than $2,000.00.
Clerk Neeley pointed out that they were harmonizing the statutes. Counselor Paulson
commented that not all the statutes were being harmonized.

Counselor Paulson added that quite frankly he didn’t care if Clerk Neeley took the
question to an outside Attorney but he didn’t see how another Attorney wouldn’t agree with the
point of view that I just described. That you harmonize the statutes the best you can and that this
Presiding shall receive $2,000.00 more than an Associate is a problem when you have a change
in the assessed valuation. As long as the change in assessed valuation is constant then it’s real
easy, but when the assessed valuation is not constant then it creates a problem and you have to
harmonize the statutes. And salaries go up with other peoples salaries and when you don’t
change those you are changing the schedules and the percentages of increases and then violating
other statutes. Commissioner Herschend added that you are then changing the decision of the
salary commission to be at 100% of the schedule.

Counselor Paulson asked what the statute number was for the certification that the Clerk
had to give. Clerk Neeley stated that she doesn’t necessarily have one, that Auditor Findley said
as the secretary of the Salary Commission, I have to certify the salaries. Counselor Paulson
asked what Clerk Neeley thought her duties as secretary were. Clerk Neeley stated that she was
to report to the Auditor and the Chairperson the results of the Salary Commission meeting.
Counselor Paulson commented that he still didn’t understand, do you just report what happened
or do you have to set the actual numbers. Clerk Neeley noted that Auditor Findley has stated I
am to certify the actual salaries of the individuals.

Counselor Paulson asked if this was something that a special Salary Commission meeting
would need to be called adding that he still didn’t understand what it was that she was to certify.
Clerk Neeley pointed out that by the argument that is going on here there are two different ways
this should go. Commissioner Herschend noted that there was the Clerk’s and then there was
everyone else’s and you are saying that you need a legal opinion. Clerk Neeley stated that she
wouldn’t certify it without a legal opinion. Commissioner Herschend added that she was not
required to do that by statute. Clerk Neeley noted then that she was done, she was not going to
have to worry about it and asked Counselor Paulson to confirm that she didn’t have to certify.

Counselor Paulson again commented that he was asking under what statute did the Clerk
have to certify, and you are telling me that there is no statute. Commissioner Strahan stated that
he didn’t want to discuss the issue but did have an opinion. Commissioner Herschend noted that
for eight years the assessed value has gone up and he hadn’t had a raise, we are working for the
salary, but he didn’t think that this was right. And now here we are going to handicap
Commissioner Strahan and the new Associate to not get 100% of the table as the Salary
Commission voted. Counselor Paulson read aloud the statutes. Commissioner Strahan noted
that the interpretation of the statute is that the Presiding makes $2,000 more than the Associates
no matter what the Associates salaries are at.

Counselor Paulson noted that the only problem is that you can’t give mid term raises.
Commissioner Pennel pointed out that over and over we have picked out the statute where the
Presiding Commissioner makes $2,000.00, but what hasn’t been mentioned is that the Presiding
is to make the same as other elected officials like the Auditor, the Clerk and the Recorder.
Commissioner Pennel asked why don’t we call a special meeting of the Salary Commission,
keeping Commissioner Strahan out of it since it affects him, and look at the issue.
Commissioner Pennel pointed out that we all know that the Associates put in just as much work
as the Presiding or the Clerk.

Counselor Paulson read statute 50.333.8 “The report of compensation shall be certified to
the clerk of the county commission for the county and shall be in substantially the following
form: The salary commission for Taney County hereby certifies that it has met pursuant to law

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to establish compensation for county officers to be paid to such officers during the next term of
office for the officers affected. The salary commission reports that there shall be (no increase in
compensation) (an increase of ___ percent) (a decrease of ___ percent) (county officer’s salaries
set at ___ percent of the maximum allowable compensation). Salaries shall be adjusted each
year on the official’s year of incumbency for any change in the last completed assessment that
would affect the maximum allowable compensation for that office.”

Clerk Neeley commented that 50.343.1 states the Presiding Commission shall be
compensated the same as the Recorder, Clerk, Auditor, Collector, Treasurer, Assessor and
salaried Public Administrator and what I currently believe our assessed valuation would put him
at $53,000 but it is not at his term of office so he has to stay at $51,000. And then you have
subsection 2 that states the Presiding Commissioner shall receive a salary of $2,000 more than
the salary received by the Associate Commissioners. So it’s the same statute that says the
Presiding shall make the same as the Clerk also says that the Presiding has to make $2,000 more
than the Associates.

Counselor Paulson asked what the statutes state the Associate’s make. Clerk Neeley
commented that they are not on the schedule. Counselor Paulson added that if they are not on
the schedule, and the Presiding is to receive the same as the other officials and the Associates are
to make $2,000 less, then it would beg the question. Commissioner Strahan commented that it
might as well say $4,000 difference because you are never going to match. Clerk Neeley pointed
out unless the assessed valuation stayed the same then it would catch up.

Counselor Paulson noted that what they are doing by statute is setting the Associate
Commissioners $2,000 less than what is scheduled to set others at. Auditor Findley commented
then you are going to have to look at whether those that will take office. Counselor Paulson
commented that the Presiding would go up to $53,000 but he is not eligible to take it, which
means that those coming in would be at $51,000 which is a possible interpretation.

Commissioner Pennel asked Counselor Paulson to write an opinion and that that is what
we hang our hat on and not spend any money on it, and we will be done with it. Clerk Neeley
further asked that it be determined if she was responsible, because if she is not responsible she is
done.

Commissioner Herschend added that when we jumped from a third class to a first class
we were at $27,000.

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

SEPTEMBER 24, 2008 50TH DAY OF
THE JULY ADJOURN 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.

EXECUTIVE SESSION

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

Commissioner Pennel 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.

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PRIOR MINUTES

Commissioner Pennel made a motion to approve prior Commission Minutes dated
9/19/08 and 9/16/08. Commissioner Strahan seconded the motion. The motion passed by vote:
Pennel (yes), Herschend (yes), Strahan (yes).

ACACIA CLUB
RETAINING WALL BLOCKS

Tressa Luttrell, County Administrator presented the Commission with the bids for blocks
to build the retaining wall at Acacia Club Road. Ms. Luttrell noted that there was only one
bidder, Dura-Kast. Ms. Luttrell added that the bid was reviewed by road & bridge and
recommended for approval.

Commissioner Herschend made a motion to approve the bid as offered by Dura-Kast.
Commissioner Pennel seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (yes).

LEE MALAN
SECURE TECH

Lee Malan representing Secure Tech gave a presentation to the Commission on a wireless
panic alarm system for both the Judicial Facility and the Courthouse. Commissioner Strahan
made a motion to go out for bid for this technology. Commissioner Pennel seconded the motion.
Commissioner Herschend asked for a detail listing of the areas Mr. Malan was suggesting. The
motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

JERRY ADAM
SB 930 & 947

Jerry Adam met with the Commission to discuss Senate Bill 930 & 947 regarding ATV’s
and UTV’s. After a general discussion, Commissioner Herschend made a motion to amend the
current county ATV Ordinance to allow UTV’s. Commissioner Strahan seconded the motion.

Commissioner Strahan noted that he thought it was ridiculous to have a county permit if
you already have to have a state permit. Mr. Adam mentioned that if the equipment was
purchased as “farm” equipment, there is no title so a permit can’t be applied for. Commissioner
Herschend commented that they would approve the change today but that they would look at the
County’s Ordinance as he felt the same way. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (yes).

RECESS TO THE JUDICIAL FACILITY

JUDGE ORR / CIRCUIT CLERK NEAL
ADDITIONAL REQUESTS

The County Commission met with Judge Orr and Circuit Clerk, Brenda Neal to discuss
various additional issues at the new Judicial Facility.

Commissioner Herschend made a motion to purchase a refrigerator for the jury assembly
room and let the Clerk’s Office stock it. Commissioner Pennel seconded the motion. The
motion passed by vote: Pennel (yes), Herschend (yes), Strahan (absent).

Commissioner Strahan was present in Judge’s chambers.

Commissioner Herschend made a motion to provide a one amp system for the witness
area. Commissioner Pennel seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (yes).

Commissioner Pennel made a motion to allow for a vending machine, which overrides
the previous motion, both a snack and soda machine in the jury assembly room. Commissioner

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Strahan seconded the motion. Commissioner Herschend asked that the motion include
Maintenance Supervisor Lavender taking a look at the area to determine as to the placement of
tile or a mat for underneath the machines.

The Commission to make the arrangements for the machines and the Clerk’s Office will
be responsible for all restocking. The motion passed by vote: Pennel (yes), Herschend (yes),
Strahan (yes).

Commissioner Pennel made a motion to approve for the purchase of two more benches in
the Circuit Courtroom as per the Judge and Circuit Clerk’s request and that they not be ordered
until the Judge and Circuit Clerk contact the Commission with the sizing. Commissioner
Strahan seconded the motion.

Commissioner Herschend noted that he would be voting against the motion as the
Commission has previously stated that we would wait and let the building run for 30 days, I
think this is jumping the gun. Commissioner Pennel noted that he trusted Judge Orr knows what
is needed or will know and will then let the Commission know. The motion passed by vote:
Pennel (yes), Herschend (no), Strahan (yes).

Commissioner Pennel made a motion for Ms. Luttrell to go out to bid on the La-Z-Boy
chairs as requested by Judge Orr. Commissioner Herschend seconded the motion. The motion
passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

RECESS
11:55 a.m.

SEPTEMBER 29, 2008 51st DAY OF
THE JULY ADJOURNED TERM

The County Commission met in the County Commission Hearing Room at 9:00 a.m.
pursuant to adjourn with Chuck Pennel, Presiding, and Danny Strahan, Eastern Commissioner,
present and the following proceedings were had and made a matter of record.

Prayer was led by Commissioner Pennel followed by the pledge.

ACCOUNTS ALLOWED

Commissioner Strahan made a motion to approve accounts payable warrants, except for
#306068, Sunny Hills Nursery, due to an error on the invoice, #605987 – 306067, 306069 –
306078 and manual warrant #4895. Commissioner Pennel seconded the motion. The motion
passed by vote: Pennel (yes), Herschend (absent), Strahan (yes).

PRIOR MINUTES

Commissioner Pennel stated there are no prior minutes available for approval at this time.

LAKE BEACH LANE
ROAD PETITION

Mr. Chris Cooper appeared before the Commission to clarify ownership of lots on Lake
Beach Lane, as the Commission expressed concerns of following the county road guidelines.

Commissioner Pennel read the following remonstrance into the record and it read as
follows:

REMONSTRANCE TO THE SEPTEMBER 22, 2008 PETITION TO ESTABLISH LAKE BEACH LANE
AS A COUNTY ROAD

In response to your letter dated August 14, 2008, we object to the petition to establish Lake Beach Lane as
a County Road. We own the home at 290 Scenic Drive, Hollister, MO, which adjoins Lake Beach Lane.

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We were never consulted about the type, size, or location of the road or how the road would affect our
property. Was any consideration given to routing the water to avoid drainage and damage from the road to
the adjoining neighboring properties? We telephoned the original developer, Mr. Hodges, who said in a
phone call from us as he was leaving the country, that he talked to the county and the county approved his
plan for the project that included culvert(s).

Since the developer constructed the road without deep ditches, culverts and drainage consideration, we
have constant water into our basement. The water moves like a river through our property and washes out
our driveway regularly.

The water problem can be fixed and should be the responsibility of the developer, not the County and
taxpayers of Taney County.

Diane and Vic Mitchell
989 NW Colbern Road, Apt. 10A
Lee’s Summit, Mo 64086
816-519-5291

Mr. Frank Preston, Road & Bridge Administrator, commented that he drove Lake Beach
Lane this past weekend. He noted visual drainage concerns as well as questioning if and when
the lots were developed, whose responsibility would it be to correct the drainage issue / make
improvements.

Commissioner Strahan commented that it was unusual for more than one (1) property
owner to have a remonstrance towards taking a road into the county maintenance system.

Commissioner Pennel made a motion to table until the Commission could evaluate the
drainage issue with Mr. Preston. Commissioner Strahan seconded the motion. The motion
passed by vote: Pennel (yes), Herschend (absent), Strahan (yes).

CASEY ROAD

Mr. Preston stated that the paving on Casey Road is completed and also noted that he has
received many positive comments on the project. He commented that there will be a post-
construction meeting with Great River Engineering and Herion next week and in the near future
a ribbon cutting ceremony.

Ms. Helen Soutee, County Treasurer, commented how much better Casey Road looks and
drives.

ELECTION

Ms. Neeley noted that her staff has sent out over 300 absentees, which indicates a large
voter turnout for Taney County.

JAMES STRAHAN
COUNTY ASSESSOR

Mr. Strahan applauded the Sheriff’s Department for their continued service at the
intersection of Highway 160 & Highway 76, as the traffic runs smoother than it has in the past.

SEWER LINE

Mr. James Strahan stated that his father, Mr. John Strahan, Jr., wanted a letter read into
the minutes that was sent to him from Mr. Larry VanGilder, City of Branson Public Works
Director and it read as follows:

June 17, 2008

Mr. John Strahan, Jr.
142 Strahan Road
Kirbyville, Missouri 65679

Dear Mr. Strahan:

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 TANEY COUNTY COMMISSION RECORD
A couple of years ago during Bee Creek Project discussions between Branson and the County, it
was stated several times by the City that the Taney County Regional Sewer District had constructed a sewer
line onto John Strahan, Jr.’s property and to date no sewer connection had been made to that line.

I provided this information regarding sewer line location to Paul Link, our City attorney for
City/County discussions, based on past information I had understood while I was on the Taney County
Regional Sewer District Board.

After being challenged by the Strahan family regarding this matter, I obtained maps from John
Soutee, Administrator of the Taney County Regional Sewer District, and researched the issues. I learned
that the sewer line was not on Strahan property as I had believed, and in fact, was actually more than 4,000
feet from any Strahan property.

I would like to sincerely apologize to John Strahan, Jr., and his family for the misinformation I
provided for public discussions. Mr. Strahan was a long-time County Commissioner and in my research on
the sewer line in question I found out that Commissioner Strahan had explicitly stated he did not want the
County sewer line anywhere close to his property to avoid any perceived conflict.

The public discussion regarding the location of this line in respect to the Strahan property should
never have happen ed and I regret that I provided inaccurate information. Please accept my heartfelt
apology. I assure you I have learned a valuable lesson from this situation.

Sincerely,

Larry VanGilder
City of Branson Public Works Director
Cc: Taney County Regional Sewer Board
Taney County Commissioners
Mayor Raeanne Presley
Frank Schoneboom, Interim City Administrator

He also expressed on behalf of the Strahan family that he appreciated the letter and stated that it
was a very honorable thing to do. Commissioner Strahan stated that Mr. Paul Link had
personally apologized for the untruths that were told, as well as the Mr. VanGilder’s willingness
to find the truth.

MoDOT SIGNAGE AGREEMENT

Commissioner Pennel stated that he had received a telephone call from Mr. Andy Miller,
MoDOT District Planning Manager, regarding the Signage Agreement. He also discussed the
route and roads that the signage would take place on and stated that a new agreement would be
sent out including pictures of the signs.

Commissioner Strahan voiced concerns regarding Taney County being placed on the
signs and that citizens may get confused during an emergency situation and think it is county
instead of city. Assessor Strahan commented that the Commission should check into the 911
addresses and if changes needed to occur that there were several addresses along the signage
path that would need to do so.

Commissioner Pennel stated that tentatively the county will go out for bid in November
2009 and will start working on placing signs by early 2010.

PUBLIC COMMENT

Mr. Art Beck commented on the 911 addresses in that the Commission should look into
the amount of changes that would need to occur. He also expressed that someone in the county
should be designated to remove animal carcasses.

Mr. John Strahan Jr. commented that everyone makes mistakes, but appreciate Mr.
VanGilder vocalizing this.

RECESS
9:36 a.m.
Minutes were taken and typed by Nikki Lawrence.

RECONVENE
11:30 a.m.

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 TANEY COUNTY COMMISSION RECORD

WILLA DERBY & LINDA BLUNK
COUNTRY MART

Willa Derby and Linda Blunk representing Country Mart of Forsyth met with the
Commission to inform them that the deli was rearranging and adding a dining room. Ms. Derby
added that Doug Girard had asked if the County would be interested in putting up a bulletin
board.

The Commission thought that that would be a great opportunity.

BOB PAULSON
WORK SESSION

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

1. Justus Case: Counselor Paulson noted that Shannon Justus would like an opportunity
to present his case to the Commission regarding the determination of deeming his dog
vicious. The Commission agreed that either the 6th or 20th of October at 1:00 p.m.
2. Groom Building: Counselor Paulson updated the Commissioners regarding the
Groom Building and Mr. Peter Rea.
3. Harold Plott: Commissioner Strahan questioned if Counselor Paulson was working
on the Harold Plott issue for the sewer district. Counselor Paulson noted that he was
waiting to speak with Sewer District Administrator, John Soutee.
4. Nuisance Cases: Commissioner Pennel asked if Counselor Paulson or Nikki
Lawrence could put together the files of those nuisances in litigation as he would like
to review the progress.

ANNEX STORAGE

John Lavender, Maintenance Supervisor informed the Commission that the doorway to
the Jail Annex was not wide enough to move desks in and out, and requested that the concrete be
cut for two double doors. Commissioner Pennel asked if one door would work versus two. Mr.
Lavender noted that it was just him that was available to move the furniture and the doorway is
not wide enough to get them in there. Frank Preston, Road and Bridge Administrator mentioned
that Carpenter, Steve Biggs would be available to cut the hole. Commissioner Pennel noted that
they should have Mr. Biggs cut the hole.

JUDICIAL FACILITY
WEEKLY UPDATE

The County Commission discussed contacting the supplier regarding the smooth black
granite at the staircase and the new parking area in front of the existing courthouse.

MAYOR OLIPHANT
DOZER WORK

Mayor Oliphant approached the Commission, asking if the City of Forsyth were to rent a
big dozer, for approximately a month, would the County have an operator available and that cost
could come out of the $50,000.00 the County granted the City. Commissioner Pennel noted that
he was ok with the idea but wanted to know when they would need to be available as it would
have to be discussed at Shop Talk.

FRANK PRESTON & TRESSA LUTTRELL
WORK SESSION

1. Coy Boulevard/MoDot contract: Ms. Luttrell presented the Commission with the
contract for Coy Boulevard. Commissioner Strahan made a motion to approve said
contract. Commissioner Pennel seconded the motion. The motion passed by vote:
Pennel (yes), Herschend (absent), Strahan (yes).

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 TANEY COUNTY COMMISSION RECORD

2. Retention Ponds: Mr. Preston informed the Commission that the retention ponds had
been taken care of and a final report was being prepared for the DNR.

3. Casey Road: Mr. Preston noted that the paving was finished and that the lawn work
was approximately half finished. Mr. Preston commented that he would like to
change the message boards and would also be going door to door to tie up any loose
ends.

4. General Update: Mr. Preston updated the Commission on various projects and
operations within the road department.

ANIMAL CONTROL
DEPARTMENT OF AGRICULTURE

Commissioner Pennel commented that the Department of Agriculture was going to be
picking up as many as 100 animals in another area of the state and had requested that the
County’s Animal Control Officer assist with the pick up and hauling of said animals.
Commissioner Pennel further noted that this would not be a reimbursable expenditure.

Commissioner Strahan inquired as to if the Animal Control vehicle had been fixed yet, if
not, he would not agree.

EXECUTIVE SESSION

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

SEPTEMBER 30, 2008 52nd DAY OF
THE JULY ADJOURNED TERM

The County Commission met at the City of Branson at 8:19 a.m. pursuant to adjourn with
Chuck Pennel, Presiding, and Danny Strahan, Eastern Commissioner, present and the following
proceedings were had and made a matter of record.

BEE CREEK SEWER PROJECT

Mr. Mike Zimmerman, Archer Engineering’s Project Manager, stated the project was
coming to a close and wanting to make sure the communication level between Archer
Engineering and Taney County was above average in order to make sure the public was taken
care of. He also commented on the procedure for complaint forms and that he would be in the
area once a week to review them.

Commissioner Strahan questioned if all involved were doing what they needed before the
complaints came in. Mr. Bob Hall, Archer Engineering’s Chief Inspector, stated that
Commissioner Herschend was unable to attending this meeting, but that Commissioner
Herschend commented earlier that he would like to tour the area to see the complaints firsthand.

Commissioner Strahan suggested walking the projects with a video camera after the
contractor has completed their part of the project, in order to pinpoint the root of the complaint.
Commissioner Pennel recommended handing out a letter to property owners before future
projects begin. Mr. Zimmerman stated he would compile a form and send out with future
easements.

Mr. Hall noted he would set up a tour of the area with the Commissioners, Taney County
staff, Sewer Board and anyone else who would like to go on Thursday at 1 p.m.

Mr. Zimmerman stated for the record that with paying the final retainage to contractors,
make sure the contractor’s one (1) year warranty is up to date.

581
 TANEY COUNTY COMMISSION RECORD

Commissioner Strahan made a motion to adjourn at 9:07 a.m. Commissioner Pennel
seconded the motion. The motion passed by vote: Pennel (yes), Herschend (absent), Strahan
(yes).

Minutes were taken by Susie Braden and typed by Nikki Lawrence.

EMERGENCY
LEVEL C COOPERATIVE AGREEMENT

An emergency public meeting took place today in the Commission Office at 3:05 p.m.
and held without notice due to the fact that the County Commission was just informed this
afternoon that the Level C Cooperative Agreement with the State of Missouri Division of Family
Services had to be fully approved and executed by Taney and in the mail today, or no
reimbursements would be funded to Taney County.

Commissioner Pennel made a motion to approve the execution of the Level C
Cooperative Agreement with the Division of Family Services. Commissioner Herschend
seconded the motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan
(absent).

Minutes were taken by Bob Paulson and typed by Nikki Lawrence.

OCTOBER 1, 2008 53RD DAY OF
THE JULY ADJOURN TERM

The County Commission met in the Commission Office at 9:00 a.m. pursuant to adjourn
with Chuck Pennel, Presiding via telephone and Danny Strahan, Eastern Commissioner present
and the following proceedings were had and made a matter of record.

PAYROLL

Commissioner Strahan made a motion to approve the following payroll warrants:

General County Revenue #104948 through #104969

Road & Bridge #104920 through #104941

Assessment Fund #104942 through #104943

Transfer Station #104944 through #104946

911 Administration #104947

Accounts payable warrants #306165 through #306183, manual warrants #4896, #4897

Commissioner Pennel seconded the motion. The motion passed.

CULVERT BID

Tressa Luttrell, County Administrator presented the Commission with a bid for culverts.
Ms. Luttrell noted that the bid was sent for review and the recommendation was to accept the bid
from Thompson Culvert.

Commissioner Strahan made a motion to accept the bid as offered by Thompson Culvert.
Commissioner Pennel seconded the motion.

RECESS
9:04 a.m.

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 TANEY COUNTY COMMISSION RECORD

OCTOBER 2, 2008 54TH DAY OF
THE JULY ADJOURN TERM

The County Commission met in the Commission Office at 9:05 a.m. pursuant to adjourn
with all members present and the following proceedings were had and made a matter of record.

COMMISSIONER HERSCHEND
COMMUNICATION ISSUES

Commissioner Herschend stated that he had called this meeting as he had a real concern
and would like to better understand what happened last Thursday as Commissioner Strahan had
contacted him noting that Commissioner Pennel had went to the road barn with Mr. Preston to
apologize to the employees. Commissioner Herschend added that that is not the action that was
determined by the Commission in executive session on Monday.

Commissioner Pennel noted that he had spoken with Mr. Preston and not only informed
him that it was only one Commissioner speaking but that he taped what he spoke to Mr. Preston
about. Commissioner Strahan noted that he would like a copy of what was said.

Counselor Paulson asked if this was an open meeting. The Commission agreed yes.

NUISANCE CASES

Commissioner Strahan made a motion to send the first letter on case #08-0052.
Commissioner Pennel seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (yes).

Commissioner Herschend made a motion to send the first letter on case #08-0030.
Commissioner Pennel seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (yes).

Commissioner Pennel made a motion to send a notice of concern letter on case #04-407.
Commissioner Herschend seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (yes).

Commissioner Herschend made a motion to send the 1st letter on case #08-0021.
Commissioner Pennel seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (yes).

Commissioner Herschend made a motion to send the 1st letter on case #08-0022.
Commissioner Pennel seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (yes).

Commissioner Strahan stepped out of the meeting.

Commissioner Pennel made a motion to close case #04-397. Commissioner Herschend
seconded the motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan
(absent).

Commissioner Herschend made a motion to send the 2nd letter on case #04-396.
Commissioner Pennel seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (absent).

Commissioner Herschend stepped out of the meeting; quorum lost.

Both Commissioners stepped back in; quorum established.

Commissioner Pennel made a motion to send a notice of concern letter on case #08-0020
(214 Holyoke). Commissioner Herschend seconded the motion. The motion passed by vote:
Pennel (yes), Herschend (yes), Strahan (yes).

583
 TANEY COUNTY COMMISSION RECORD

Commissioner Strahan made a motion to send a notice of concern letter on case #04-398.
Motion died for a lack of a second.

Commissioner Herschend made a motion to continue with litigation post haste on case
#08-0020 (230 Holyoke). Commissioner Pennel seconded the motion. The motion passed by
vote: Pennel (yes), Herschend (yes), Strahan (yes).

Commissioner Pennel made a motion to send the 2nd letter on case #04-398.
Commissioner Herschend seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (yes).

Commissioner Pennel made a motion to close case #04-393. Commissioner Herschend
seconded the motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

Commissioner Herschend requested Counselor Paulson to update the Commission on all
the nuisance cases in his possession on Monday.

Commissioner Pennel made a motion to send the 1st letter on case #08-0024 as soon as a
Commissioner has visited the property. Commissioner Strahan seconded the motion. The
motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

Commissioner Pennel made a motion to send the 1st letter on case #08-0045, and that the
letter be sent to the son, not the property owner. The motion died for a lack of a second.

Commissioner Pennel made a motion to send the 1st letter on case #08-0045.
Commissioner Herschend seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (no).

Commissioner Pennel made a motion to send a notice of concern letter on case #08-0050.
Motion withdrawn.

Commissioner Herschend made a motion to send a notice of concern letter on case #08-
0050. Commissioner Pennel seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (no).

Commissioner Pennel made a motion to send an amended 1st letter to case #08-0049.
Commissioner Herschend seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (yes).

Commissioner Pennel made a motion to direct Counselor Paulson to continue with
litigation on case #08-0051 as well as turning the case over to the Prosecutor. Commissioner
Herschend seconded the motion. The motion passed by vote: Pennel (yes), Herschend (yes),
Strahan (yes).

Commissioner Strahan stepped out of the meeting.

Commissioner Pennel made a motion to send an amended 1st letter to case #04-390.
Commissioner Herschend seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (absent).

RECESS
11:05 a.m.

584
 TANEY COUNTY COMMISSION RECORD

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

585
 TANEY COUNTY COMMISSION RECORD

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

586
 TANEY COUNTY COMMISSION RECORD
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

587
 TANEY COUNTY COMMISSION RECORD
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.

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 TANEY COUNTY COMMISSION RECORD

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).

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 TANEY COUNTY COMMISSION RECORD

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

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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.

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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

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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).

OCTOBER 7, 2008 2nd DAY OF
THE OCTOBER ADJOURN 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.

FRANK PRESTON & TRESSA LUTTRELL
WORK SESSION
CONTINUED FROM PREVIOUS DAY

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

1. Davis Aviation contract: Ms. Luttrell presented the response from Counselor Paulson
noting that the Airport Board had previously approved the contract and that the services
are similar to Wings of the Ozarks in that it is a Helicopter Tour and Charter operation.

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

2. Blansit Road: Mr. Preston informed the Commission that Blansit road was impassible
again. This road was turned over to FEMA and the County will be reimbursed $35,000,
however we have fixed this road and it has washed out only to fix again.

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Commissioner Herschend commented that the County needs to keep the road passible but
was concerned that it is the third time this year that the road has been fixed. We have spent
thousands of dollars and it is not productive.

3. Parking Issue at Judicial Facility: Mr. Preston noted that if the center line was moved,
there would still be plenty of room for adequate driving space. Mr. Preston commented
that he would set up a meeting on location to discuss options.

4. Buchanan Road: Mr. Preston commented that there is a site hazard where the new bus
barn is located. A phone call was received as to when the “hump” in the road would be
removed. Mr. Preston added that in doing that there is a sewer force main that will have
to be moved and the cost just for the cutting machine is $35,000.00.

Commissioner Herschend noted that Great River Engineering has a design and cost
estimate and added that they should have another meeting at that location. Commissioner
Strahan asked what responsibility the County has if the City of Branson has initiated this.
Commissioner Strahan further stated that the County has stepped up for the entrance on
Buchanan, the stop lights on “F” Highway, why isn’t the City of Branson taking any
responsibility, why did they approve it through their Planning & Zoning and without any input
from the County.

Commissioner Herschend stated that he approached Rick Huffman over a year ago
regarding the line of site. Commissioner Strahan commented that the Commission should take a
road trip. Commissioner Pennel added that there should be a meeting scheduled as well.

5. Minimum Flow: Commissioner Pennel noted that Representative Wallace has requested
a letter on the minimum flow issue, commenting on the issues of the Corps not doing
what they said they would as well as have another public hearing.

Commissioner Herschend commented that he thought the Commission was out of their league
and that the Commission should hire an attorney to write a good letter.

RECESS
11:07 a.m.

RECONVENE
12:30 p.m.

TANEY COUNTY REGIONAL
SEWER DISTRICT

The County Commission attended the Taney County Regional Sewer District Meeting to
hear updates on the Bee Creek and Ozark Beach Projects, as well as discussions on utility truck
purchase and Kirbyville sewer request for additional sales tax.

TANEY COUNTY REGIONAL SEWER DISTRICT
SPECIAL WORK SESSION

The Commission attended a special work session to discuss the City of Hollister’s
proposed sewer rate increase.

Minutes typed by Nikki Lawrence.

OCTOBER 8, 2008 3rd DAY OF
THE OCTOBER ADJOURN TERM

The County Commission met in Akers & Arney Office at 7:30 a.m. pursuant to adjourn
with all members present and the following proceeding were had and made a matter of record.

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HEALTH INSURANCE

Akers & Arney representatives reviewed the 2008 program and its results. They also
discussed items they would like to include in the 2009 plan. A general discussion ensued.

It should be noted that while the meeting was posted as executive session per section
610.021.12, only county and contractor representatives were present, so it was unnecessary to go
into a closed session meeting.

SOUTHWEST MISSOURI
ASSOCIATION OF
COUNTY COMMISSIONERS MEETING

Chuck Pennel, Presiding, and Danny Strahan, Eastern Commissioner, attended the
Southwest Missouri Association of County Commissioners Meeting in Ozark, Missouri, at the
Riverside Inn.

Minutes typed by Nikki Lawrence.

OCTOBER 9, 2008 4th DAY OF
THE OCTOBER ADJOURN TERM

The County Commission met in the Commission Office at 1:30 p.m. pursuant to adjourn
with all members present and the following proceedings were had and made a matter of record.

JOHN LAVENDER
CABLE ISSUES

John Lavender, Maintenance Supervisor commented that he was requested by Sheriff
Russell to speak about the delay with Media Comm. After numerous calls and no responses, the
Sheriff and I have spoken with Herb Stuart at Stuarts Sales and Sound and found should we put a
satellite in rather than cable it will cost $4,000 for installation and $75 a month.

Commissioner Strahan questioned the amount of receivers being placed. Commissioner
Herschend asked Mr. Lavender to clarify the numbers as well as inquiring about local channels.

Commissioner Herschend noted that he would contact the Springfield boss for Media
Comm and that the project should be coordinated with Mike Smith from Septagon.

NUISANCE CASES

Commissioner Herschend made a motion to commence with litigation on 04-126.
Commissioner Strahan seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (yes).

Commissioner Herschend made a motion to deny but to send a notice of concern on 04-
392. Commissioner Strahan seconded the motion. The motion passed by vote: Pennel (no),
Herschend (yes), Strahan (yes).

PRIOR MINUTES

Commissioner Pennel made a motion to table the approval of minutes until Wednesday.
Commissioner Herschend seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (yes).

COMMUNITY SERVICE

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Commissioner Herschend made a motion to deny a request to perform community service
at the Animal Control Facility for Curtis Price from a liability and safety concern.
Commissioner Strahan seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (yes).

TRANQUILIZER GUN

The Commission discussed the idea of Animal Control using a tranquilizer gun noting
that the City of Hollister has one that they would give the facility, however it would require
additional training for the Animal Control Officer.

Commissioner Strahan made a motion to receive the gun from the City of Hollister and to
send Rick Lunt to the required classes. Commissioner Herschend seconded the motion.

Commissioner Herschend stated that he would like to look at the liability the county
would have. Commissioner Strahan noted that some of the concerns had already been addressed
and that the classes are very specific. Commissioner Strahan further noted that he did not want
to keep a large amount of the drug at the facility.

Commissioner Herschend stated that knowing the turnover at the facility, should Mr.
Lunt leave, will the county then have to send someone else to all the training classes.
Commissioner Pennel commented that he would like to know who currently has the drug, and
the availability of said drug. Commissioner Pennel further noted that he would feel more
comfortable after doing some additional research.

Commissioner Herschend made a motion to table the issue until the Commission can
obtain the answers. Motion withdrawn.

Commissioner Strahan made a motion to receive the gun from the City of Hollister and
research the chemical issues. Commissioner Herschend seconded the motion. The motion
passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

CABLE ISSUES

Commissioner Herschend made a motion that due to time issues, to go forward with the
placement of a satellite as Mr. Lavender has answered all the questions asked of him.
Commissioner Strahan seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (yes).

TANEY COUNTY REGIONAL SEWER DISTRICT
SPECIAL WORK SESSION

The Commission attended a special work session to discuss proposed upcoming sewer
projects, as well as updates on current projects.

Minutes taken by Susie Braden and typed by Nikki Lawrence.

OCTOBER 10, 2008 5TH DAY OF
THE OCTOBER ADJOURN TERM

The County Commission met in the Commission Office at 9:01 a.m. pursuant to adjourn
with all members present and the following proceedings were had and made a matter of record.

CITY OF FORSYTH
PARKING ALIGNMENT

The County Commission met with Mayor Oliphant and Chris Robertson from the City of
Forsyth regarding the parking alignment along the new Judicial Facility.

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Commissioner Herschend asked what the City was wanting from the County. Mr.
Robertson commented that they would like to have Shorty Cooper aligned with Allaman like
originally platted. Robertson noted that there wasn’t a set of plans turned into the City for the
design, when the costs of moving the road came in the county just moved forward without the
approval of the City.

Commissioner Strahan stated that there had been some visiting with the City on the site
and noted that there was another important player that wasn’t present, MoDot. Commissioner
Strahan added that MoDot visited with us on site along with a representative of the City to talk
about taking off a part of the bluff for the beginning of the three way through the City.
Commissioner Strahan noted that Bob Becker with MoDot had stated that whatever we did, do
not change the alignment.

Mayor Oliphant asked Commissioner Strahan if he remembered the contract he signed
with the City and noted that maybe he should review what it says. Commissioner Herschend
commented that the problem is the single lane road that comes to the North side. Mr. Robertson
added that that is the problem; the County put a road on a non-platted road. Commissioner
Strahan added that this was taken to the City Council. Mayor Oliphant noted that he thought that
was prior to the agreement.

Commissioner Pennel asked if we could go back to how we got here and asked for
Spencer Jones with Great River Electric to give an update. Mr. Jones briefed the Commission on
the events that had transpired. Mayor Oliphant commented that all they were asking was to
widen the end of Shorty Cooper.

Commissioner Strahan asked if they had an old copy of the plat for Hillcrest and added
that when you look at it you are going to find a 30’ street, so a request for a 70’ street is not out
of line per the contract. Mr. Robertson commented that it did say if the street was not going to
be in the platted area it should go back to the City. Commissioner Herschend noted that that is
what the County should do then as he was hearing that the City wants the County to pay for it,
however we haven’t encroached on their property at all.

Mayor Oliphant stated that the County’s plans did not show any parking, when you
moved in is when the issue came up and thought that Commissioner Herschend was twisting the
issue. The only issue is to improve the flow of traffic.

Commissioner Strahan made a motion to take the issue to the City Council.
Commissioner Pennel noted that it made sense to him to get the roads aligned. After a brief
discussion, Commissioner Herschend made a motion that the Taney County Commission,
Sheriff, Road Administrator and Engineer set down and see what the County can support.
Commissioner Herschend added that he was concerned with having two driveways as we will
have the public driving around the building.

Mayor Oliphant commented that if the County could talk to the property owners and get
the corner it would be better alignment and that he would commit to the City placing a culvert at
the Senior Housing and to do the Paving. Commissioner Strahan added that he would be willing
to do a survey to see who owns what property.

Commissioner Pennel made a motion that the County engages Great River Engineering to
draw up what is being discussed here. Commissioner Herschend seconded the motion. The
motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

PLEASANT VIEW

Commissioner Herschend made a motion to instruct all property owners to remove fences
and set them back 25’ off of the road. Commissioner Pennel asked if that was county wide or
just in this area. Commissioner Herschend noted that it would only address this issue.
Commissioner Strahan asked if it would be appropriate to send out and establish the corners.

Commissioner Herschend commented that if the fence is on his property, we can’t have
him move it but if it is on the county right-of-way then we are taking on the liability.

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Commissioner Herschend made a motion that here forward, on any individual wanting to
put up a fence, that they have to keep it off the right-of-way.

Commissioner Strahan made a motion to direct Randy Haes, Road Coordinator to get a
survey done on this property. Commissioner Pennel seconded the motion. The motion passed
by vote: Pennel (yes), Herschend (yes), Strahan (yes).

Commissioner Pennel noted that Mr. Haes should come back to the Commission if the
fence is not in the right location. Frank Preston, Road Administrator commented that it would be
like a Board of Adjustment decision. Commissioner Herschend commented that the County
could issue a letter noting that if the road is ever moved the landowner would have to pay for the
moving of the fence.

FRANK PRESTON
JOB TITLE

Commissioner Herschend made a motion that the office of the County Highway
Administrator be referred to as the Road & Bridge Administrator. Commissioner Pennel
seconded the motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

RECESS
11:39 a.m.

OCTOBER 15, 2008 6th DAY OF
THE OCTOBER ADJOURN TERM

The County Commission met in the Commission Office at 9:03 a.m. pursuant to adjourn
with Chuck Pennel, Presiding, and Danny Strahan, Eastern Commissioner present and the
following proceedings were had and made a matter of record.

PAYROLL

Commissioner Pennel made a motion to approve the following payroll warrants:

General County Revenue #104997 through #105018

Road & Bridge #104970 through #104990

Assessment Fund #104991 through #104992

Transfer Station #104993 through #104995

911 Administration #104996

Accounts Payable warrants #306311 through #306328, manual warrants #4905, #4906

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

ACCOUNTS ALLOWED

Commissioner Herschend entered the meeting, via telephone. Commissioner Pennel
made a motion to approve accounts payable warrants #306185 – 306297 and manual warrants
#4901-4902. Commissioner Pennel seconded the motion. The motion passed by vote: Pennel
(yes), Herschend (yes), Strahan (abstained).

Commissioner Herschend left the meeting.

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BOB PAULSON
WORK SESSION

The Commission met with Counselor Paulson to get an update on legal issues as well as
his weekly schedule. Counselor Paulson gave an update on the AHC Hearing regarding the
Assessment Maintenance Plan.

APPROVAL OF MINUTES

Commissioner Strahan made a motion to table the minutes. Commissioner Pennel
seconded the motion. Commissioner Strahan added there were no minutes available at this time
due to the absence of Ms. Luttrell. The motion passed by vote: Pennel (yes), Herschend
(absent), Strahan (yes).

SHELVING PURCHASE

Commissioner Pennel made a motion to approve the purchase of shelving for the County
Clerk’s office and the money should come out of the remodeling budget account. Commissioner
Strahan seconded the motion. The motion passed by vote: Pennel (yes), Herschend (absent),
Strahan (yes).

CONNELL INSURANCE
CLAIMS REVIEW

Mr. Tim Connell presented the claims history report to the Commission. Mr. Connell
expressed concerns of auto claims and would like to approach Mr. Preston to see what help he
could offer; however the overall claims were low, resulting in costs that will stay the same or
drop for 2009 budgeting process.

Commissioner Strahan questioned if the claims were below a certain dollar amount,
should the county pass on taking the drug tests. Mr. Connell commented that individuals
involved in an accident should be drug tested.

Mr. Connell noted that an intranet service could be set up with a health care program, free
of charge. He also questioned the Commission on the interest of county group health insurance.

Commissioner Pennel referred to the personnel policy, specifically new hire eligibility for
health insurance. Mr. Connell noted that he could offer a plan for new hires until they hit their
90 day qualifying date; however it would be at the employee(s) expense.

RECESS
10:30 a.m.

RECONVENE
10:35 a.m.

CIRCUIT CLERK
OUT OF STATE TRAINING OPPORTUNITY

Ms. Brenda Neal, Circuit Clerk, informed the Commission she was invited to attend a
conference in Seattle, WA, by other Circuit Clerks and by attending the conference she would
gain knowledge of how to become paperless. Ms. Neal also explained that the conference was
free, but the cost of air travel was approximately $750.00 and hotel accommodations were
$158.00 per night.

Commissioner Strahan asked what the cost savings would be to implement the new
process. Ms. Neal informed the Commission many of their questions would be answered by her
attending. She also expressed that she felt this is the way it would be in the future.

Commissioner Pennel asked if Ms. Neal had the funds available in her budget. Ms. Neal
stated she did have the funds available in her budget and wanted to inform the Commission she
was attending.

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The Commissioner Pennel stated the Commission appreciated her informing them and
trust she would use her resources well.

RECESS
11:05 a.m.

RECONVEINE
1:00 p.m.

FRANK PRESTON
WORK SESSION

Frank Preston, Road & Bridge Administrator, met with the Commission to discuss
various issues.

1. Machine Failure: Mr. Preston informed the Commission about a broken chip and seal
machine. He noted he had researched purchasing a new one, but unfortunately there were
none to speak of in the Midwest. Mr. Preston explained he will be talking to VanKeppel
to inquire fixing machine versus purchasing a new one.

2. On-Call Pay: Mr. Preston inquired about receiving $40.00 per week for standby “beeper”
pay, specifically for after hours sewer issues for another employee that is covering for an
ill person, would the individual receive “beeper” pay. He will investigate the specifics of
the situation and revisit the Commission.

3. Transfer Station: Mr. Preston reported to the Commission that our county is the cheapest
per ton, after completing an area survey. He commented that recently the county had
been receiving styrofoam blocks. The Commission requested Mr. Preston to telephone
Reeds Springs to inquire about their policy, in addition to contacting Berryville/Green
Forest to check rates. Commissioner Pennel requested a monthly work session with the
Transfer Station, possibly on site.

4. Shorty Cooper: Mr. Preston informed the Commission work on Shorty Cooper is on hold
until the county meets with Great River Engineering.

5. Sally Port: Mr. Preston explained there was a large hole by the Sally Port that needed to
be fixed and that it should be back-filled with flowable/slurry mix.

6. Table Rock Acres: Mr. Preston noted six (6) white pines had been taken out by a
drainage project. Commissioner Strahan indicated he would like to wait until
Commissioner Herschend returns before any decisions are made.

7. Fall Clean-up: The fall clean-up is scheduled for Saturday, October 18th.

8. No Parking Signs: Spring Meadows & Country Club Estates have no parking signs
posted.

9. Blansit Road: Mr. Preston stated that a stretch of 150 – 200 feet of asphalt needs to be
moved out of the creek, as it is a critical priority and that it is scheduled to completed in
the near future.

10. ROW Issue: Mr. Preston stated a property on Como Avenue, located in Mount Branson
is occupied by the Hensley’s are requesting the county to vacate road and they will give a
turnaround, but Mr. Alvie Russell, who owns the property, has not come forward.
Commissioner Strahan commented that the occupants do not have a right to grant a
turnaround, it would have to be the property owner who initiates the process.

11. Fuel Savings: Mr. Preston informed the Commission of a diesel booster that would
generate 8-12% fuel reduction. The Commission instructed Mr. Preston to contact the
fleet operators who currently use the product and obtain an opinion.

12. Employee Training: Originally, Mr. Preston asked the Commission to send two (2)
office personnel to an out of state training for Cardiograph, but would like for a

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RESOLUTION AUTHORIZING
HANGAR LEASE PURCHASE AGREEMENT

Counselor Paulson read the resolution into record and it reads as follows:

WHEREAS, in order to facilitate the construction and equipping of certain property (the “Property”), for
use by Taney County, Missouri (the “County”) and to pay the cost thereof, it is necessary and desirable for
the County to enter into a Lease Purchase Agreement (the “Lease”) with Regions Bank (together with its
successors and assigns, the “Lessor”), pursuant to which the County will lease the Property from the Lessor
with an option to purchase;

NOW, THEREFORE, BE IT RESOLVED BY THE COUNTY COMMISSION OF TANEY
COUNTY, MISSOURI, AS FOLLOWS:

Section 1. Approval of the Lease. The County is hereby authorized to enter into the Lease and the
Assignment of Rents and Leases (the “Assignment”) between the County and the Lessor, in substantially
the forms filed in the records of the County, with such changes therein as shall be approved by the officials
of the County executing such document, such officials’ signatures thereon being conclusive evidence of
their approval thereof.

Section 2. Execution of Documents. The Presiding Commissioner, the County Clerk and other
appropriate officers of the County are hereby authorized and directed to execute, attest, acknowledge,
deliver and record, as appropriate, for and on behalf of and as the act and deed of the County, the Lease, the
Assignment and such other documents, certificates and instruments as may be necessary or desirable to
carry out and comply with the intent of this Resolution.

Section 3. Further Authority. The officers, agents and employees of the County, including the Presiding
Commissioner and The County Clerk shall be, and they hereby are, authorized and directed to execute all
documents and take such actions as they may deem necessary or advisable in order to carry out and
perform the purposes of the Resolution, and to carry out, comply with and perform the duties of the County
with respect to the Lease and the Assignment, to make alterations, changes or additions in the foregoing
agreements, statements, instruments and other documents herein approved, authorized and confirmed
which they may approve, and the execution or taking of such action shall be conclusive evidence of such
necessity or advisability.

Section 4. Reimbursement of Expenditures. The County Commission hereby finds it necessary and
declares its intent to finance the costs of the Property through delivery of the Lease and the Assignment.
The County has made, or expects to make, expenditures in connection with the Property, and the County
may reimburse itself for such expenditures with the proceeds of the tax exempt financing by, or on behalf
of, the County. The maximum principal amount of the tax exempt financing expected to be issued for the
Equipment is $600,000.

Section 5. Effective Date. This Resolution shall be in full force and effect from and after its passage and
approval.

Commissioner Pennel inquired as to how much interest the county would be paying.
Counselor Paulson noted that Regions Bank originally bid the interest at 4.25%, they increased
to 5.4% and are now currently at 5.8%.

Commissioner Pennel made a motion to abort the lease purchase agreement and use
county funds to pay for Airport Hangar Project contingent on a Non-Disturbance Agreement
between the College of the Ozarks and Taney County and for the Airport revenue to reimburse
the taxpayers investment, in additional to the interest the Commission deems appropriate. A
general discussion ensued regarding investment returns. Commissioner Strahan seconded the
motion contingent on the Non-Disturbance Agreement. The motion passed by vote: Pennel
(yes), Herschend (absent), Strahan (yes). Commissioner Pennel commented for Counselor
Paulson to communicate to Gilmore & Bell the deal is off.

DEGRAFFENREID
CONTRACT

Commissioner Pennel moved to approve the Settlement Agreement for Jerry and Marian
DeGraffenreid on the basis there will be no more settlements. Commissioner Strahan seconded
the motion. The motion passed by vote: Pennel (yes), Herschend (absent), Strahan (yes).

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RECESS
3:07 p.m.

Minutes taken by Jim Yust and typed by Nikki Lawrence.

OCTOBER 16, 2008 7th DAY OF
THE OCTOBER ADJOURN TERM

The County Commission met in the Commission Office at 1:30 p.m. pursuant to adjourn
with Chuck Pennel, Presiding and Danny Strahan, Eastern Commissioner present and the
following proceedings were had and made a matter of record.

SEPTAGON CONSTRUCTION
MONTHLY MEETING

The County Commission met with representatives from Septagon Construction and HMN
Architects for a monthly update on the Judicial Facility.

Commissioner Strahan made a motion to approve modifying the locks for the holding cell
doors that would shunt the alarm for an additional $2,826.00, however HMN Architects will
process a change order. Commissioner Pennel seconded the motion. The motion passed by
vote: Pennel (yes), Herschend (absent), Strahan (yes).

Commissioner Strahan made a motion to approve Walton Construction’s proposal for the
addition of indicator lights and an alarm on the generator, in the amount of $5,237.00.
Commissioner Pennel seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (absent), Strahan (yes).

Commissioner Strahan made a motion to approve the cost of materials, in the amount of
$3,599.00, for two sliding doors to be converted from manual to motorized and the negotiations
of the total cost to be approved at a later date. Commissioner Pennel seconded the motion. The
motion passed by vote: Pennel (yes), Herschend (absent), Strahan (yes).

Commissioner Strahan made a motion to approve $793.00 for two (2) handicapped ramps
to be installed. Commissioner Pennel seconded the motion. The motion passed by vote: Pennel
(yes), Herschend (absent), Strahan (yes).

RECESS
2:56 p.m.

Minutes were taken by Karen Yust and typed by Nikki Lawrence.

OCTOBER 20, 2008 8th DAY OF
THE OCTOBER ADJOURN 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 #306298 –
306310, #306329 – 306406 and manual warrants #4907 – 4909. Commissioner Herschend
seconded the motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

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 TANEY COUNTY COMMISSION RECORD

Ms. Helen Soutee, County Treasurer, informed the Commission there is a new funding
for processing new warrants for a fee of $10.00.

PRIOR MINUTES

Commissioner Pennel made motion to approve prior Commission Minutes dated
9/24/2008, 9/29/2008, 10/1/2008, 10/2/2008, 10/6/2008 and 10/7/2008. Commissioner Strahan
seconded the motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

AIRPORT HANGAR AGREEMENT
DETAILS OF THE DECISION

Commissioner Herschend made a motion to amend the agenda and ask for Mr. Eddie
Coxie and Public Comment to speak prior to his topic, as this was Counselor Paulson’s
recommendation due to this being a contract with Regions Bank and falls under executive
session.

Commissioner Pennel stated the original decision was not acted upon in executive session
and was not posted that way.

Commissioner Herschend asked what the terms of the Agreement were and what the
interest rate was that was agreed upon. Commissioner Pennel recalled approving to fund the
Hangar Project out of GCR instead of through the Lease Purchase Agreement contingent upon
getting a Non-Disturbance Agreement between the College and the County. He also noted that
there was no interest rate discussed.

Mr. Mark Parent, Airport Manager, commented that there would be funds generated back
to the county due to the airport being owned by the county.

Commissioner Herschend questioned whether the Commission considered filing a
lawsuit to force Regions Bank to uphold their original bid of 4.25%. Commissioner Pennel
noted there was no discussion of a lawsuit. Commissioner Herschend remembers in the original
motion that if the first bidder, Regions Bank, fell through, the county was to go with the second
bidder and asked why it was not considered.

Commissioner Pennel recalled a lengthy discussion regarding the Lease Purchase
Agreement and came to the conclusion that there would be a huge saving if county funds were
used for the Hangar Project. He also noted the savings to be $51, 872.00. Commissioner
Herschend expressed concerns of the process of the decision and also commented on risks to the
citizens of the county if we do not continue to operate as an airport and the $600,000.00 structure
is sold. Commissioner Herschend stated that when there is a lease purchase agreement with a
third party, it’s their responsibility; but when we choose to fund a project, it’s our responsibility.

Commissioner Strahan commented that it was not fair to make a decision of this
magnitude without Commissioner Herschend present. He also noted a decision that was made
by the Commission to approve $133,000.00 to fund the steel and that he felt like it was a forward
process to get the project rolling. Commissioner Strahan commented that with the additional
hangar, it would free up approximately 24,000 square feet of space for rental, which will increase
the revenue to the airport.

Mr. Findley clarified that GCR owns the airport, so if money was borrowed, GCR would
be making the payments, which would be mean that the county would be loaning money to itself.

RE-STRUCTURED CODE BOOK

Eddie Coxie, Planning Administrator and Mr. Keith Crawford appeared before the
Commission, representing the Taney County Planning Commission, to present the Re-Structured
Code Book.

Mr. Coxie noted that no new information has been added, only that the Code Book has
been simplified, which made it more user-friendly. He also noted there are some additional
graphs and flow charts inserted to help illustrate certain areas. Mr. Coxie welcomed suggestions
or corrections before it is approve by the Commission.

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Commissioner Strahan commented that if there would need to be any changes made in
the future, it would be easier to make those changes. Commissioner Herschend stated that he
appreciated the flow charts that have been inserted.

Commissioner Strahan recommended that in Appendix L where it refers to Road &
Bridge, it should be highlighted, so individuals would know who to contact for more
information.

Commissioner Herschend made a motion to approve the re-structured Code Book with
the clarification that was discussed, as presented. Commissioner Strahan noted he would like to
review it further details and discuss at a later date.

Mr. Preston thanked Mr. Coxie and Mr. Crawford, in addition to the entire Planning &
Zoning staff for efforts they put into simplifying the Code Book. He also encouraged the
Commission to schedule a work session to review the final changes.

PUBLIC COMMENT

Mr. Dave Woolery, with Missouri Department of Natural Resources, stated that there are
new EPA Ozone requirements and at this time, Taney County is in non-compliance.

Department of Natural Resources would like to establish a voluntary compliance program
issued and complied by the county. Mr. Woolery commented that the county could challenge the
non-compliance by contacting DNR. He also expressed that by not complying, there may be
consequences, i.e. reduce highway funding.

Mr. Woolery encouraged the Commission to come up with a plan and that he would help
in anyway that he could.

RECESS
10:03 a.m.

Minutes were typed by Nikki Lawrence.

RECONVENE
11:00 a.m.

AKERS & ARNEY
INSURANCE RENEWAL

Ms. Vicki Rice, Akers & Arney representative, stated that there was a reduction from 6%
to 4%. She questioned the Commission whether or not they needed to go out for bid, as Taney
County has been with Cox Health Plans for three (3) years.

Commissioner Herschend made a motion to ask our agent to go out for bid/quotes for us.
Commissioner Strahan seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (yes).

Commissioner Pennel requested for our agent to go out for a competitive bid.
Commissioner Herschend added to the motion Commissioner Pennel’s request. Commissioner
Strahan seconded the motion. The motion passed by vote: Pennel (yes), Herschend (yes),
Strahan (yes).

Commissioner Strahan instructed Ms. Rice to hold the current renewals until other bids
are received, so that the Commission can review all of them at once, including dental. Ms. Rice
informed the Commission that Delta Dental has recommended that the county lower the rates.

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ANIMAL CONTROL

Commissioner Strahan wanted to make the Commission aware that Joplin Humane
Society will begin charging $27.50 per animal and will not take any additional animals until a
Performance Contract is signed by Taney County.

EMERGENCY
EXECUTIVE SESSION

Commissioner Herschend made a motion to go into emergency executive session
regarding health issues for a citizen of Taney County pursuant to RSMo
610.021.5.Commissioner Pennel seconded the motion. The motion passed by vote: Pennel
(yes), Herschend (yes), Strahan (yes).

Commissioner Herschend 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).

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

FRANK PRESTON
WORK SESSION

Frank Preston, Road & Bridge Administrator, met with the Commission to discuss
various issues.

1. Blansit Road: Mr. Preston commented that his crew will be removing the asphalt and
laying six (6) inches of material, since the county will be reimbursed by FEMA.

Commissioner Herschend spoke in opposition by saying that before the county spends
money on the road that will only need to be fixed again; he recommended giving Great River
Engineering the opportunity to report back to the Commission on what it would take to solve the
problem. He also noted that the funds the county would receive from FEMA would be better
used for a permanent solution.

2. Signage in Bee Creek Area: Mr. Preston is requesting to put a no turnaround sign off of
North Street. This road is not a county maintained road and is not named. He also noted
that the signage is needed because there is a fence that goes across the road and from a
safety standpoint, it would alert individuals turning down the road. Mr. Preston
commented that Mrs. Smith, property owner at the bottom of the road, is requesting the
county take out the asphalt that was laid during the sewer project.

3. Styrafoam: Mr. Preston stated the cost of disposal at Reeds Springs Transfer Station is
$80.00 per ton.

Commissioner Herschend made a motion to increase the price of Styrofoam to $90.00 per
ton effective November 1st. Commissioner Strahan seconded the motion. The motion passed by
vote: Pennel (yes), Herschend (yes), Strahan (yes).

4. Table Rock Acres: Mr. Preston indicated the situation in question of destroying six (6)
trees on private property is correct and Commissioner Herschend also recalls the
situation.

Commissioner Strahan made a motion to replace six (6) trees with the confirmation that it
is exactly what was discussed last week. Commissioner Pennel seconded the motion. The
motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

5. Personnel Policy: Mr. Preston commented that a representative from Connell Insurance
will be attending the Shop Talk meeting on Tuesday, to discuss the new Personnel
Procedures Manual.

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6. LAGERS: Mr. Preston noted that he was voted in to be the member delegate for the
county to attend the next LAGERS meeting, which will be held in Springfield on October
24th & 25th.

Commissioner Strahan requested Mr. Preston to report back to the Commission with a
detailed update as to the changes of the retirement plan for the county.

7. County-Owned Projector: Mr. Preston asked the Commission about purchasing a
projector to permanently keep in the County Commission Hearing Room. He also noted
that it could be used for several departments.

The Commission requested Mr. Preston to look into pricing and availability of a projector
and a dedicated laptop for this purpose only.

8. Fall Clean-up: Mr. Preston noted the Fall Clean-up to be a success and that on more than
one occasion, the traffic was backed up to the Taney Center. He questioned only having
this event for one day as it would have been beneficial to hold it for two days.

9. Retention Ponds: Mr. Preston reported that the two retention ponds are removed cleaned
up properly and the total cost to have that done was $58,575.00, in addition to $8,000.00
for the initial analysis and are in the process of gathering all information to put into a
finalization report to submit to Department of Natural Resources. He also brought to the
table the question of funding and what account this invoice should be taken out of.

Commissioner Herschend made a motion to charge this to contingency fund. The motion
died for lack of being seconded, as it was changed to a suggestion for Mr. Preston.

10. FEMA Reimbursements: Mr. Preston submitted a cost recovery sheet to the Commission
and it reads as follows:

Taney County experienced significant storm related damage since March 18th. Federal disasters were declared,
and the county is being reimbursed for maintenance activities relating to these weather events. Following are the
declared events:

FEMA DR1749 March 18 – May 9
FEMA DR1773 June 1 – July 18
FEMA DR1812 September 14 (expected to be declared)

Road & Bridge personnel spent 20,852 hours responding to these events. We used our trucks and equipment for
14,004 hours, and spend $264,630 on materials. The county was fortunate to be able to document all of these
activities using our CarteGraph software. This made reporting very easy and accurate, and the FEMA personnel
was very appreciative and complimentary of our reporting capabilities. The ability to use this software allowed
us to easily document tens of thousands of dollars that might not have been captured otherwise.

Two of the more significant events during the storms were the destruction of the Acacia Club and the Lakeshore
bridges. The cost to repair Acacia Club was $138, 987, and we recovered 100%. Lakeshore repair costs were
$360,297, and we recovered 95%. These numbers will be less our 15% share.

For the entirety of all the damage between March 18th and August 19th, the total amount submitted to FEMA is
nearly $1.3 Million. FEMA will reimburse us 75%, the State of Missouri will reimburse us 10%, and our share
will be 15%.

11. Beeper Pay: Mr. Preston re-visited the issue of beeper pay for an individual who was ill
but continues to receive stand-by pay.

Commissioner Herschend requested that Mr. Preston revert back to using a beeper and
receive stand-by pay. Commissioner Strahan noted that the county should only be paying one
individual at a time for being on call.

LONG SHORE DRIVE

Commissioner Herschend questioned where the decision making process was at
regarding keeping this road out of the lake. Mr. Preston stated that he had spoken to Great River
Engineering and it is on their list as a project, but are behind schedule.

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The Commission concurred to have Mr. Preston respond to a letter that was received by
Commissioner Herschend.

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 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).

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

RED RIBBON
RECOGNITION PARTY

Commissioner Pennel and Commissioner Herschend attended the Red Ribbon
Recognition Party, which was located in the Judicial Facility.

Minutes were taken by Karen Yust and typed by Nikki Lawrence.

OCTOBER 21, 2008 9th DAY OF
THE OCTOBER ADJOURN TERM

The County Commission met at Hollister Town Hall at 1:30 p.m. pursuant to adjourn
with all members present and the following proceedings were had and made a matter of record.

TANEY COUNTY REGIONAL
SEWER DISTRICT

The County Commission attended the Taney County Regional Sewer District Meeting to
hear updates on Bee Creek and Ozark Beach projects as well as discussion on a utility truck
purchase and Rockaway Beach Sewer Sales Tax.

Minutes were typed by Nikki Lawrence.

OCTOBER 22, 2008 10th DAY OF
THE OCTOBER ADJOURN TERM

The County Commission met in the Commission Office at 12:50 a.m. pursuant to adjourn
with Chuck Pennel, Presiding, and Danny Strahan, Eastern Commissioner, present and the
following proceeding were had and made a matter of record.

LIGHTNING SPRINGS &
SHADY SPRINGS

Commissioner Strahan stated a letter was faxed to Mr. John Hiser, Corp of Engineers, as
proof the county had maintained Shady Springs. He also noted that Lightning Spring was never
mentioned until he received correspondence back from Mr. Hiser. Commissioner Strahan
commented that he would get in contact with Mr. Frank Preston and have him all of the needed
documentation to Mr. Hiser to issue an easement to the county.

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CORP OF ENGINEERS
ISSUE

Commissioner Pennel stated that he had received a telephone call from the Corp of
Engineers stating that the county owes them $7,088. He was told that there was an agreement,
referencing Beaver Creek Emergency Steam Bank Protection Project, made in 2000 and that the
county has already paid $42,573. Commissioner Pennel also noted the Corp of Engineers is
sending the original agreement dated 4/29/99.

SEWER DEPARTMENT
UPDATE

Mr. John Soutee, Sewer Department Administrator, stated the Sewer Board has looked at
several future projects, including Ozark Beach, Y Highway, Dam-Site Sub Division, and Spring
Creek South.

The Commission discussed the bidding process and breaking projects up into sections
and concurred to move forward as the Sewer Board had recommended.

It should be noted that Commissioner Herschend entered the meeting at 1:35 p.m.

The Commission also discussed the prior motion to pay $85,000 for an emergency Dam-
Site project. Commissioner Pennel made a motion to bid out two (2) ways, to include Spring
Creek and the recommendation of the Sewer Board with the option of the smaller project, which
is the 10 homes and the small grinder station. Commissioner Herschend seconded the motion.
The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

PLEASANT VIEW FENCE

Mr. Randy Haes, Road & Bridge Coordinator appeared before the Commission to discuss
Pleasant View fence issue, which he was directed to have Mr. Hefley’s property surveyed. Mr.
Preston questioned whether the property owner continued to build fence after Mr. Haes visited
with him. Mr. Haes commented that he did.

Commissioner Pennel suggested drafting an agreement that allows the property owner to
keep the fence on the county right-of-way. Mr. Haes reported that one of the complainers also
has their fence built upon the county right-of-way. A general discussion ensued.

Commissioner Herschend made a motion to instruct Mr. Hefley to move his fence
because we went to expense of surveying and for the Commission to speak with Ms. Daniels,
complainer, and also instruct her to move her fence.

Motion died for lack of being seconded.

Commissioner Pennel made a motion to table this issue, so that the Commission could
discuss further and devise a policy. Commissioner Strahan seconded the motion. The motion
passed by vote: Pennel (yes), Herschend (opposed), Strahan (yes).

BOB PAULSON
WORK SESSION

Counselor Paulson met with the Commission to discuss legal issues as well as review
upcoming events on his calendar, including Wallace Nuisance Case.

Commissioner Pennel requested to move forward with Wallace Nuisance case. He
indicated that he spoke with Mr. LaCroy, a concerned taxpayer, and informed him that the case
was moving forward.

Counselor Paulson noted this case is being called up for hearing on November 6th.
Commissioner Herschend requested that a letter be issued to Mr. LaCroy notifying him of this.

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PLANNING & ZONING
UPDATE

Mr. Eddie Coxie, Planning & Zoning Administrator, appeared before the Commission to
give an update nuisance, code book, policies and procedures of daily operations of the office, as
well as embracing the flood plain.

RE-STRUCTURED
CODE BOOK

Mr. Coxie commented that his department had done a tremendous amount of work on
making sure the Code Book was consistent the whole way through, as well as the interpretation
of it.

A general discussion ensued.

Commissioner Herschend made a motion to approve the code book as presented.
Commissioner Pennel seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (yes).

Mr. Coxie requested for the Commission to review the fee schedule, as charges could be
used to cover the daily operations expense. Commissioner Herschend asked if the board was
supportive. Mr. Eddie noted that it has not been discussed, but he would review it with his
board.

SEPTAGON CONSTRUCTION
WEEKLY UPDATE

Mr. Mike Smith, Septagon Construction, presented issues referencing the parking lot.
The Commission directed Mr. Smith to remove asphalt in front of parking garage so there would
be a smooth and even surface.

ROAD & BRIDGE
TAX SHARING

Commissioner Herschend commented on the amount of participants in the tax sharing
program. He also requested that Ms. Luttrell send out an e-mail obtaining a general consensus
regarding this program if municipalities are still interested in applying for the monies.

Commissioner Strahan noted he agreed with receiving a letter of intent from
municipalities.

PROJECTOR

Ms. Neeley, County Clerk, sent over a Purchase Order for a 42” Flat Screen monitor for
training purposes and to post election results for the media and candidates, as her office has
limited amount of space.

Earlier in the month, Commissioner Pennel suggested to Ms. Neeley, to place it in the
County Commission Hearing Room, where it would be centrally location for multi use
throughout the county and not be taken out of the election fund.

Commissioner Strahan made a motion to table to discuss further. Commissioner
Herschend made a motion to go into executive session for the purpose of personnel pursuant to
RSMo 610.021.3. Commissioner Pennel seconded the motion. The motion passed by vote:
Pennel (yes), Herschend (yes), Strahan (yes).

OCTOBER 23, 2008 11th DAY OF
THE OCTOBER ADJOURN TERM

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The County Commission met at Bull Creek Pavilion pursuant to adjourn with Chuck
Pennel, Presiding, and Danny Strahan, Eastern Commissioner, present and the following
proceedings were had and made a matter of record.

PARK BOARD

Commissioner Pennel and Commissioner Strahan attended the monthly Park Board
meeting.

OCTOBER 27, 2008 12th DAY OF
THE OCTOBER ADJOURN TERM

The County Commission met in the County Commission Hearing Room at 9:01 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 #306407 –
306544 and manual warrant #4910. The Commission questioned a couple of the bills, noting
certain ones should be placed in different budget accounts. Commissioner Strahan withdrew his
motion.

Commissioner Herschend made a motion to table until 1:30 p.m. this afternoon to discuss
it further. Commissioner Pennel 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.

ROAD & BRIDGE
TAX SHARING

Larry VanGilder, City of Branson, appeared before the Commission to request monies to
fund the purchase of snow removal equipment, with approval for the project now, and
reimbursement after the county budget is approved.

Commissioner Strahan stated there was a letter of intent sent out, to participate in the cost
sharing program. He also noted there have been no decisions which municipalities will be
awarded. Commissioner Herschend commented information needs to be received by November
15th so that the decision can be worked into the budget. Commissioner Pennel noted that he had
spoken to 6 out of 9 municipalities and that there would be a decision made within the next few
days.

Commissioner Pennel made a motion to table until this afternoon at 1:30 p.m. to discuss
further. Commissioner Herschend seconded the motion. The motion passed by vote: Pennel
(yes), Herschend (yes), Strahan (yes).

HOUSEHOLD CHEMICAL
FACILITY FUNDING

Debbie Redford, Branson Recycle Center, appeared before the Commission to submit a
request, which reads as follows:

Opened: November 2006

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 TANEY COUNTY COMMISSION RECORD
Funded: The facility itself was funded through a grant from Region M Solid Waste District.
Operation of the facility has been funded from start-up until now through a grate from
Solid Waste District N.

Total Cost
To Date: $15,800

Total Residents
Served To Date: 287

% Source: Branson residents 18%
Hollister residents 9%
Forsyth residents 5%
Taney County residents 68%

Requested
Funding: Branson $2,500 21%
Hollister $1,500 12.5%
Forsyth $1,000 8.0%
Taney County $7,000 25.0%

Ms. Redford stated all of the funds that were received for the Branson Recycle Center
have been depleted and the portion that was requested from Taney County was $7,000 to
continue helping to serve the area.

Commissioner Pennel inquired this cost and if it was an annual fee. Ms. Redford assured
the Commission it was an annual fee.

Commissioner Herschend stated he had received two (2) requests from staff at the
Transfer Station to have a couple of recycle bins placed on their lot. The Commission asked Ms.
Redford to think about placing the recycle bins at the Transfer Station. Ms. Redford indicated
the bins would be easy to set up.

Commissioner Pennel questioned if there needed to be an immediate decision made. Ms.
Redford commented that as long as she knew this amount would be placed in the budget that she
did not need an answer right now.

PROJECTOR
PURCHASE

Clerk Neeley commented on the issue of purchasing a projector had been tabled from a
previous meeting and to be discussed this morning.

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

DAM-SITE
SUB DIVISION

John Hooker, Sewer Daily Operations Manager, appeared before the Commission to
convey that the Sewer Board has recommended to only go to the property line of Gerth RV. He
also stated that Mr. Gerth did not want to be annexed into the City of Branson.

Commissioner Herschend noted that the Commission had previously asked the Sewer
Department to obtain bids / estimates prior to making a decision and stated Mr. Hooker is
seeking clarification whether to obtain a bid or an estimate.

Mr. Hooker stated to complete the large project would approximately cost
$1,032,400.000 and noted the Sewer Board was in favor of doing part of the large project, which
could cost approximately $800,000.

Commissioner Strahan commented that he was in favor of spending $85,000 to fix the
immediate problem, but is unsure about the rest and indicated that it is still under discussion.

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A general discussion ensued to discuss possible annexation, cost and length of project,
and bid process. Commissioner Pennel stated he would like to listen to the Sewer Board minutes
before making any decisions.

Commissioner Herschend recommended that the Commission receive a detailed break
down of the current options on this project. Commissioner Strahan commented that he is in
favor of going out for bid and get the problem solved as soon as possible.

Commissioner Herschend made a motion to move forward on taking the ten (10) homes
in and prepare documents to go out for bid with the focus on future planning for this project.
Commissioner Strahan seconded the motion. The motion passed by vote: Pennel (no),
Herschend (yes), Strahan (yes).

COMMISSIONER HERSCHEND

Commissioner Herschend noted problems with the lines being clogged at the new jail.
He requested Sheriff Russell to meet with Mr. John Lavender, Maintenance Supervisor and give
an update to the Commission.

PUBLIC COMMENT

Bobby Clay commented on the flag not being displayed a couple of weeks ago and also
expressed his appreciation to DAV (Disabled American Veterans) for their services.

A representative with the Forsyth Garden Club presented a 50 year commemorative
donation of 6 pear trees to be placed near the Judicial Facility.

Commissioner Herschend made a motion to accept the gift of 6 trees to be placed on Hwy
160 side of the Judicial Facility and to be accompanied by a sign. Motion died for lack of being
seconded.

EXECUTIVE SESSION

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

Minutes taken and typed by Nikki Lawrence.

RECONVENE
1:00 p.m.

BOB PAULSON
WEEKLY UPDATE

Counselor Paulson updated the Commission on legal issues specifically noting that the
State Tax Commission Case would be held 11/7/08 and 11/10/08 in Jefferson City. The Justus
case would have to be rescheduled as well.

JOHN LAVENDER
MAINTENANCE UPDATE

John Lavender, Maintenance Supervisor gave the Commission an update on various
maintenance issues.

1. Courthouse Signs: Mr. Lavender noted that he was currently working on matching all the
signs within the courthouse.
2. Judicial Facility security: Mr. Lavender commented that the issue of checking the doors
at night is now in the hands of the Sheriff. Commissioner Herschend requested that Mr.
Lavender come back to the Commission with the results. Commissioner Pennel stated
that Mr. Lavender write a memo regarding his concerns and that the Commission receive
a copy.

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CENTURYTEL
FCC CHANGES

Scott Farmer and Arlie Smith, representing Centurytel met with the Commission to
request that a support letter on behalf of Centurytel be sent to the Legislators on the changes to
the Universal Access Fund.

MAC DELEGATE

Commissioner Pennel made a motion to appoint Danny Strahan as the MAC Delegate for
the 2008 conference. Commissioner Strahan made a motion to appoint Chuck Pennel as the
MAC Delegate for the 2008 conference. Commissioner Herschend seconded the motion. The
motion passed by vote: Pennel (abstain), Herschend (yes), Strahan (yes).

FRANK PRESTON & TRESSA LUTTRELL
WORK SESSION

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

1. Workers Compensation: Mr. Preston informed the Commission that a representative
from Connell Insurors would be making a presentation on accident follow-up procedures
to the supervisors.

2. Projector: Mr. Preston discussed the purchase of a projector for the Commission Hearing
Room to be used by all departments. Commissioner Herschend made a motion to spend
no more than $4,000 on a portable computer and projector. Motion died. Commissioner
Pennel asked that Gary Morgan, IS Administrator bring the Commission a proposal.

ACCOUNTS PAYABLE

Commissioner Herschend made a motion to approve an emergency warrant #4911 for
$10,000 to Ozark Mailing Services. Commissioner Pennel seconded the motion. The motion
passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

FRANK PRESTON & TRESSA LUTTRELL
WORK SESSION CONTINUED

3. Employment Application: Mr. Preston requested that the County have one standard
application for employment as the process could eliminate someone for a lack of
information. Commissioner Strahan made a motion to standardize the application.
Commissioner Herschend seconded the motion. The motion passed by vote: Pennel
(yes), Herschend (yes), Strahan (yes).

4. Hampton Road 160-20: Mr. Preston presented the Commission with an easement from
Richard A. Pinaire (Gertraid A. Smith property). Commissioner Strahan made a motion
to approve said site easement. Commissioner Herschend seconded the motion. The
motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

5. Sick Leave Abuse: Mr. Preston presented a report to the Commission noting that there is
apparent sick leave abuse. Mr. Preston asked if the Commission was ok with a doctor’s
appointment being a whole day. Commissioner Strahan noted that he was ok as it puts a
burden on the supervisors trying to get jobs done with employees coming in at different
times. Commissioner Pennel suggested asking the crew leaders.

Mr. Preston pointed out that Jack Cole had only used 16 hours this year and Dalton hasn’t used
anything. Commissioner Herschend made a motion to give Jack Cole 16 hours and Dalton 24
hours off or paid for because of their dedication. Motion died. Ms. Luttrell noted that there are
other departments out there that has the same issues. Commissioner Herschend noted that they
have Elected Officials and that is their decision to make.

The Commission agreed that a doctors receipt should be required.

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6. Salt Supply: Commissioner Strahan made a motion to increase the salt supply by as
much as 50% with an agreement with the Branson Underground for storage.
Commissioner Pennel seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (yes).

ACCOUNTS PAYABLE

Commissioner Herschend made a motion to approve accounts payable warrants #306407
through #306544, manual warrant #4910. Commissioner Pennel seconded the motion. The
motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

FLAGPOLE PRAYER

Commissioner Pennel requested that should there be bad weather on November 3rd, that
the County open the Courthouse to allow citizens to have a prayer meeting prior to election day.
Commissioner Herschend made said motion. Commissioner Pennel seconded the motion. After
a brief discussion, Commissioner Herschend made a motion to table. Commissioner Strahan
seconded the motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

RECESS
4:27 p.m.

OCTOBER 29, 2008 13TH DAY OF
THE OCTOBER ADJOURN TERM

The County Commission met in the Commission Hearing Room at 9:00 a.m. with all
members present and the following proceedings were had and made a matter of record.

PAYROLL

Commissioner Strahan made a motion to approve the following payroll warrants:

General County Revenue #105019 through #105021, #105049 through #105070

Road & Bridge #105022 through #105042

Assessment Fund #105043 through #105044

Transfer Station Fund #105045 through #105047

911 Administrative #105048

Accounts Payable warrants #306545 through #306550, manual warrants #4912, #4913

Commissioner Herschend 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 10/9,
10/15 and 10/16/08. Commissioner Herschend seconded the motion. The motion passed by
vote: Pennel (yes), Herschend (yes), Strahan (yes).

SECURITY ISSUE

Commissioner Herschend noted that John Lavender, Maintenance Supervisor’s staff had
been directed by an Elected Official to leave the doors to the Courthouse open, however the
building was never closed back up which is a security concern. Commissioner Herschend added
that the maintenance staff takes direction from the Commission and therefore should not be
directed to do anything by another Elected Official without the Commission’s approval.

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Commissioner Pennel suggested sending out a form that could be filled out noting when
and why the doors were to be open, that way the staff would know when they can close it back
up.

BOB PAULSON
WORK SESSION

Counselor Paulson met with the Commission to update the legal issues as well as go over
his weekly schedule.

JEFF BOURKE, BRANSON AIRPORT
REVENUE SHARING AGREEMENT

Jeff Bourke from the Branson Airport met with the Commission to request the approval
of a tax revenue sharing program designed to promote tourism to the region and increase county
sales tax revenues. The program is designed to use tax dollars generated by the presence of the
new airport to further increase tourism to the region via the airport thereby further increasing
county tax revenues. The program will reinvest a percentage of the new county tax dollars
generated by the presence of the airport to promote tourism.

Mr. Bourke continued, both the on airport and off airport tax benefit to the county is
substantial, in the first year and more than doubles within the first 10 years. The airport is
proposing a 10 year program that will help ensure the county will generate $2 million in county
sales tax revenue in 2010 increasing each year to over $5 million by 2020. We are asking for the
County to authorize a tax revenue sharing credit, to be issued to the Airport no later than
December 1, 2008 or when the first national network carrier announces service. This amount to
be fronted is $418,632.

Commissioner Herschend noted that it was his understanding that the County has
committed incremental GCR funds not road & bridge or sewer. Commissioner Pennel stated that
he had it in his mind that the money was generated not fronted. Mr. Bourke referred back to the
summary presented which indicated $418,632, then would not be eligible for any more funds
until that amount has been generated.

Commissioner Herschend commented on the sales tax the County has already received
with the construction of the airport and added that he would like to see the Commission consider
that the money fronted is incremental and that the County would not have received anything
should the airport not have been built.

Commissioner Strahan asked if out of the $115 million in bonds, where there not any
advertising dollars available. Mr. Bourke noted that the bonds, $35 million is equity but that it
has always been that the marketing dollars would come from local surroundings. Mr. Bourke
added that the state will be stepping up and that the County is one of the biggest benefiters.

Mr. Bourke informed the Commission that they would be receiving their FAA letter in
mid December. Commissioner Herschend made a motion that the County advance, upon the
receipt of the FAA letter and the announcement of the carrier, $200,000 which is 2/3 of the tax
that has been collected and agree to fund the balance at a later date.

Commissioner Strahan asked Commissioner Herschend if he or his family had any ties to
this airport. Commissioner Herschend noted nothing personal, that his family was approached
for marketing and to decorate but Big Cedar will be doing that. Commissioner Herschend added
that he hasn’t spoken to Steve Pete since July but believed that it was a homerun for the County
as it is going to increase revenues by 15-18%.

Commissioner Strahan noted that there is no doubt that it is great for the area but that he
had questions noting that the tourism tax should have a major part in advertising for the airport.
Commissioner Herschend noted that he thought they were.

Commissioner Herschend asked what the City of Branson’s commitment was. Mr.
Bourke noted that they are paying for performance at $8.24 for every non-originated passenger
to this area. Commissioner Strahan asked what if the City, in their financial commitments, can’t
come up with the dollars. Mr. Bourke noted that the agreement was a solid lock down deal.

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Commissioner Herschend made a motion to fund conceptually at 50% upon the FAA
letter and the announcement of the carrier and the remaining 50% forwarded 90 days after the
first landing based on actual landings not projections.

Commissioner Strahan asked if Mr. Bourke had anything else. Mr. Bourke noted that he
couldn’t stress the importance of this funding as we have only once chance to get this right.
Commissioner Strahan noted that this was an important decision and knew that Mr. Bourke had
lobbied each Commissioner individually.

Commissioner Strahan made a motion to table the issue until they could get into the
budget. Commissioner Pennel asked what he meant. Commissioner Strahan stated that it would
give the Commission two weeks to see where the County is financially.

Mr. Bourke noted that part of the critical timing is so that they could get back to the
second carrier as it is a big part of the selling point. That carrier is in their planning cycle for
next spring and if we miss it it will be another year, so this decision has an urge of an emergency.

Commissioner Herschend noted that he could look at any constituent and explain why we
did this. Rick Ziegenfuss, Administrator for the City of Hollister commented that it would be
worth knowing who would be managing those dollars if we are going to be receiving benefits in
this region.

Commissioner Herschend amended his motion to approve the concept and approve the
fronting of 50% but that the Commission need to work out post haste a document that spells out
how the money will be spent and the ability to audit.

Commissioner Strahan noted that he has been supportive of the Taney County Airport
noting the decision that had to be made on what that airport would bring to Taney County and
this is at a much larger scale. The economic factor that the decision has to be made on, the best
approach for funding and what the County will have available. Commissioner Strahan added
that the fact that he wanted to look at the budget is very important.

Commissioner Herschend respectfully asked that Commissioner Strahan challenge the
concept as budget is only a one year deal. The $200,000 can be taken out of the surplus and you
have voted to take out $600,000 already to build a hangar. Commissioner Strahan noted that that
decision had already been made and he was tired of discussing that issue. Commissioner
Herschend stated that the decision was to go out for funding not the county funding it.
Commissioner Strahan noted that he was concerned with the budget.

Commissioner Pennel seconded the motion to table. Commissioner Pennel added that his
thoughts are different than Commissioner Strahan’s to wait two weeks and added that he was
uncomfortable as in the discussions he had with Mr. Bourke it was not made clear that there was
forward funding. Commissioner Pennel also commented that Mr. Bourke had made some
statements regarding marking with local dollars, crucial decision and scare tactics and didn’t see
how he could say them. Commissioner Pennel continued noting that Mr. Bourke hadn’t
mentioned anything about requesting money from the law enforcement tax that he previously
discussed.

Commissioner Pennel commented the one big stumbling block is how you are going to
tell us it’s incremental. This project has been sold over and over that it’s a private project.

Commissioner Herschend noted that he would appreciate Commissioner Pennel listing all
of his questions so that Mr. Bourke would have a chance to answer them. Mr. Ziegenfuss asked
if the issue was with forward funding or funding period. Commissioner Pennel noted that it was
both for him.

Gary Groman asked how the money be marketed different than the tourism tax. Mr.
Bourke noted that it would be slightly more targeted as they would follow up with more
campaigns. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

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EDDIE WOLFE
POWELL ROAD

Eddie Wolfe, Surveyor met with the Commission to discuss the realignment of Powell
Road. Mr. Wolfe asked if the county was willing to do the legal and vacation work.

Commissioner Herschend made a motion that the County would pay for the recording of
the legal documents and if and when all parties sign off will start the vacation process.
Commissioner Pennel seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (yes).

ANGELA LEIST
PARK BOARD ISSUES

Angela Leist brought the Commission a few issues that needed to be resolved for the
Park Board.

Commissioner Herschend made a motion to purchase a tennis net for the Powersite Park.
Commissioner Strahan seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (yes).

Commissioner Herschend made a motion to carry over $5,300 of Rockaway Beach’s
project to the 2009 budget due to the 2008 floods. Commissioner Strahan seconded the motion.
The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

Commissioner Herschend made a motion to spend up to $8,500 for playground
equipment for the Mincy Park. Commissioner Strahan seconded the motion. The motion passed
by vote: Pennel (yes), Herschend (yes), Strahan (yes).

TRESSA LUTTRELL
WORK SESSION

Tressa Luttrell, County Administrator met with the Commission to discuss various issues.

1. Patrol Car Bid: Ms. Luttrell presented the Commission with the bid for the replacement
of a patrol vehicle. Ms. Luttrell noted that this was the second time the bid was sent out
and only one bid was received by Tri-Lakes Chrysler for a 2009 Charger in the amount of
$23,196.00.

Commissioner Strahan made a motion to approve said bid. Commissioner Herschend seconded
the motion. The motion passed by vote: Pennel (yes), Herschend (no), Strahan (yes).
Commissioner Herschend commented that he didn’t understand why the Sheriff was replacing a
truck with a charger.

2. Evidence Storage Bid: Ms. Luttrell presented the bids for the evidence room storage.
Ms. Luttrell noted that Sheriff Russell was recommending the bid as submitted by TAB
Products in the amount of $27,055.00.

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

Commissioner Strahan left the meeting.

3. Vacation time request: Ms. Luttrell presented a request from Christy Teel for the
payment of 45 hours of vacation time due to a financial need.

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

4. Planning & Zoning/Sewer: Ms. Luttrell commented that in recent discussions we have
talked about having Sunbelt Environment come and take a look at the area where

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 TANEY COUNTY COMMISSION RECORD

Planning & Zoning and the Sewer District are to ensure that there is no mold. Now that
the prisoners are no longer above those areas, this would be a good time to get them
down here.

The County Commission noted that they didn’t see the need as maintenance would be totally
stripping that area for the remodeling.

5. Road Sharing Projects: Ms. Luttrell commented that in Monday’s meeting
Commissioner Strahan had indicated that letters had gone out to the municipalities
regarding the 2009 road sharing funding and inquired if the procedure had changed so
that she could make sure the appropriate person has the paperwork.

Commissioner Pennel noted that letters had not gone out, he had personally spoke with 6
municipalities asking for a letter of intent. Commissioner Herschend added that it was
mentioned that when you returned from vacation, letters would go out. However, both
Commissioner Pennel and Commissioner Strahan has spoken with most of the municipalities.

Ms. Luttrell noted that she just wanted to ensure that it was being taken care of. The
Commission added that the procedure would stay the same. Commissioner Herschend made a
motion to budget $50,000 per municipality again for the 2009 budget and solicit projects.
Commissioner Pennel seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (absent).

6. Judicial Facility: Ms. Luttrell noted that there were still some issues to be cleared up on
the Judicial Facility, one being that she still had not received any dimensions from the
Judge or Circuit Clerk for the ordering of the additional benches. Ms. Luttrell added that
the Commission had approved purchasing a sound system for the witness area, however
no information has been brought back by Commissioner Herschend for that purchase.
Ms. Luttrell stated that the interior windows on the courtroom doors were approved and
the maintenance department eventually will get to placing them, but according to the
Judge and Circuit Clerk, they would like for those to be done now.

Commissioner Herschend stated to contact Artisan Construction. Ms. Luttrell further noted that
Sheriff Russell has asked if the Commission would be funding the purchase of equipment for his
training room. Commissioner Herschend commented that he didn’t feel that it was a capital
expense as training has been conducted in the past, what was used then.

7. P-Card: Ms. Luttrell informed the Commission that the three year bid for the P-Card
service would expire in October and wanted the Commission’s opinion on re-bidding.
Ms. Luttrell added that she had sent an email to both the Treasurer and the Auditor for
their inputs as well.

Commissioner Herschend noted that he didn’t know enough about the program to make that
decision as requested that Ms. Luttrell provide a report noting the pro’s and con’s of the
program.

8. Day after Christmas: Ms. Luttrell noted that there have already been requests for the day
after Christmas, whether the Courthouse would be open or closed. Ms. Luttrell pointed
out that the Governor had not yet ruled for the State.

Commissioner Herschend made a motion that the Courthouse would be open on the 26th. Motion
died for a lack of a second.

9. Journal Entries: Ms. Luttrell presented journal entries for approval. Commissioner Pennel
made a motion to table until this afternoon. Commissioner Herschend seconded the motion. The
motion passed by vote: Pennel (yes), Herschend (yes), Strahan (absent).

RECESS
12:04 p.m.

RECONVENE
1:23 p.m.

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HANGAR CONTRACT

Counselor Paulson and the Commission worked through the contract to erect a Hangar at
the Taney County Airport with Cornerstone Construction. Commissioner Herschend made a
motion to authorize the contract to start erection as the county works to get a contract completed
in 10 days.

Counselor Paulson commented that he had a problem with any work being performed
without a contract in place. Commissioner Pennel made a motion to approve the contract with
Cornerstone Construction contingent upon the changes being made that was discussed here
today. Commissioner Herschend seconded the motion. The motion passed by vote: Pennel
(yes), Herschend (yes), Strahan (absent).

RECESS
2:17 p.m.

OCTOBER 30, 2008 14th DAY OF
THE OCTOBER ADJOURN TERM

The County Commission met in the County Commission Hearing Room at 10:00 a.m.
pursuant to adjourn with all members present and the following proceedings were had and made
a matter of record.

PRE-BID
OZARK BEACH & HOLIDAY HILLS

The Commission attended a pre-bid meeting held to discuss Ozark Beach & Holiday
Hills.

Minutes were typed by Nikki Lawrence.

OCTOBER 31, 2008 15th DAY OF
THE OCTOBER ADJOURN TERM

The County Commission met in the Commission Office at 1:00 p.m. pursuant to adjourn
with all members present and the following proceedings were had and made a matter of record.

RECOMMENDATIONS ON
SJ LOUIS CONTRACT

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

Minutes were typed by Nikki Lawrence.

NOVEMBER 3, 2008 16th DAY OF
THE OCTOBER ADJOURN 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.

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ACCOUNTS ALLOWED

Commissioner Pennel made a motion to approve accounts payable warrants #306551-
#306656 and manual warrants #4914-#4916. Commissioner Strahan 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
9/23/08, 10/20/08 and 10/21/08. Commissioner Pennel seconded the motion. The motion passed
by vote: Pennel (yes), Herschend (yes), Strahan (yes).

2009 LEGISLATIVE PRIORITIES

Commissioner Pennel stated he had attended a Legislative Partnership Meeting to discuss
2009 Legislative Priorities and the topics were as follows:

Tourism Environment
Education Local Control
Economic Development Community
Transportation Appropriations

Commissioner Pennel made a motion to approve the 2009 Legislative Priorities.
Commissioner Herschend seconded the motion for discussion.

Commissioner Herschend expressed concerns of “increasing the amount of tax credits
given by the Missouri Film Commission”, noting that it may indicate the county supporting a
specific organization.

Motion died for lack of being seconded.

Commissioner Herschend made a motion to table to obtain clarification until next
Monday’s meeting. Commissioner Strahan seconded the motion. The motion passed by vote:
Pennel (no), Herschend (yes), Strahan (yes).

DAM-SITE SEWER

Commissioner Herschend informed the Commission the Dam-Site Sewer issue has been
resolved during a meeting that was held last Thursday. He also noted that it was decided to
move forward to champion the no annexation and to install a collector line for the ten (10) homes
by using a low pressure pump station, 2 inch line underneath the road and an 8 inch bore.

Commissioner Herschend discussed the cost of the plan in the amount of $85,000.00, but
commented that there still needs to be an agreement drafted with the City of Branson.

CRISIS CENTER FUNDING

Helen Soutee, County Treasurer, informed the Commission of an annual request,
according to RSMo 455, for the Hiding Place Ministries and Women’s Crisis Center, Domestic
Violence Shelters in Taney County, to apply for the funds available within the county.

Commissioner Herschend made a motion to approve the request as submitted by
Treasurer Soutee. Commissioner Pennel seconded the motion. The motion passed by vote:
Pennel (yes), Herschend (yes), Strahan (yes).

COMMISSIONER STRAHAN

Commissioner Strahan informed the Commission that Missouri Department of
Conservation announced there is discussion about charging fees for deer permits for all property
owners, which will affect up to 75,000 farmers/property owners; however this was not a
permanent solution, but would welcome public comment for the next 30 days.

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 TANEY COUNTY COMMISSION RECORD

Commissioner Strahan asked the Commission to respond to this by sending a support
letter to voice concerns and discontent to the Department of Conservation. Commissioner
Pennel suggested for a representative to come down and hold a public meeting.

STATE TAX COMMISSION
LAWSUIT

Counselor Paulson stated that the State Tax Commission case will be heard in Jefferson
City, Missouri on Friday, November 7th and Monday, November 10th. Assessor Strahan noted
his appreciation for the efforts of Counselor during this lawsuit.

EMERGENCY MANAGEMENT
UPDATE

Chris Berndt, Emergency Management Director, updated the Commission on a fuel spill
located on Mt. Branson Drive and noted the Department of Natural Resources investigated and
found that there was no hazards to the public.

COMMISSIONER PENNEL

Commissioner Pennel stated that Bob Dixon, Recorder of Deeds, mentioned the amount
of funding that goes towards Emergency Management for the county.

Mr. Berndt noted there are two (2) contracts between Taney County and the Western Fire
District for the service of dispatch, which is routed through the Sheriff’s Department, and being
employed as the Fire Chief for the county.

Commission encouraged Mr. Berndt to approach his board and suggest them to send a
letter to FEMA asking to be compensated for the time Mr. Berndt spent on county disasters.

RECESS

Commissioner Pennel made a motion to recess until 1:00 p.m. Commissioner Strahan
seconded the motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

Minutes were taken and typed by Nikki Lawrence.

RECONVENE
1:04 p.m.

The County Commission reconvened in the Commission Office with all members
present.

BOB PAULSON
WORK SESSION

Counselor Paulson met with the Commission to discuss legal issues as well as go over his
weekly schedule. Counselor Paulson noted that other than going to the Sewer District Meeting
he would be only working on the STC case that goes to trial on Friday.

FRANK PRESTON & TRESSA LUTTRELL
WORK SESSION

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

1. Pleasant View: Commissioner Strahan noted that he had received a phone call regarding
the fence issue. Commissioner Pennel commented that his opinion is that if one has to
move their fence they all do unless they are grandfathered in.

Commissioner Herschend made a motion to require the fence to be moved and if rebuilt
that it is off the county right-of-way. Commissioner Pennel seconded the motion.

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Commissioner Herschend asked if the county was going to require this of everyone.
Commissioner Strahan noted that it would be any new fences. Commissioner Pennel asked what
the county will do if someone comes in noting that we paid for this property to be surveyed, but
not theirs. Commissioner Herschend pointed out that this was done because of a dispute between
property owners. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (abstain).

2. Transportation Board: Commissioner Strahan noted that he would like to see the
Commission appoint another member to the Transportation Board, someone that would
help get the meetings started and pointed out that he would recommend Buddy Roberts
who currently sets on the SMACOG Transportation Board. Commissioner Herschend
commented that he wasn’t sure if the county had the bull by the horns. Commissioner
Strahan added that there needs to be priorities set and to get organized.

3. Casey Road: Ms. Luttrell inquired as to the final payment to Herion Construction noting
that she thought the final meeting had already been held. Mr. Preston noted that he has
been unable to get the parties together for a final review and that a meeting would be held
this week.

4. Cable TV: Ms. Luttrell presented a bill to the Commission for a year’s payment of Dish
Network from the recent changes to the Sheriff/Jail area. Ms. Luttrell added that the
Sheriff had sent this bill down stating that he thought the Commission was going to take
care of the first one.

Commissioner Herschend noted that the Commission was going to take care of the
installation charges but that the actual cable charges would be the Sheriff’s responsibility.

5. Joplin Humane Society: Ms. Luttrell presented the Commission with the proposed
contract for the Joplin Humane Society. Commissioner Pennel suggested taking a look at
all the municipalities’ contracts before making a decision.

6. Journal Entries: Ms. Luttrell again presented journal entries for approval. Commissioner
Strahan made a motion to approve the following journal entries:

• Sheriff Department - $1,511.60
• Jail - $2,460.63
• Sewer Overlay - $123,755.01
• Shorty Cooper Road - $1,704.40
• Jailsite Fiber Optics - $1,863.36
• Transfer Station - $1,059.00
• Coon Creek - $327.00
• Jailsite/Shorty Cooper Road - $9,489.44
• Transfer Station/Repair - $1,158.62
• Sewer - $428.00
• Transfer Station - $748.50
• Sewer Dirt/Rock work various areas - $7,890.07

All being work performed by the Sheriff’s Department and Road & Bridge that need to
be reimbursed back to their budget. Commissioner Pennel seconded the motion. The motion
passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

7. Fence issue: The Commission agreed that Mr. Preston should write a press release
regarding right of way issues to inform the public of procedures.

8. Acacia Club Washout: Mr. Preston presented the Commission with pictures of an area
on Acacia Club where debris was washed up keeping a landowner from being able to get
to their boat dock. Commissioner Strahan suggested calling Tablerock Asphalt for the
“Gravel Gertie” but commented that this was an act of God not a county problem.

Commissioner Herschend added that if this is in the lake, does the Commission have
control of the lake? Commissioner Strahan made a motion to table the issue and get more
information. Mr. Preston commented that he had contacted both the Department of Conservation
and the Corps of Engineers and got the run-around. They stated that they didn’t have any

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jurisdiction on Taneycomo. Commissioner Strahan suggested contacting Jon Hiser.
Commissioner Pennel asked if this problem came about because of the bridge wash out.

Mr. Preston commented that this area is upstream from where the bridge washed out and
commented that he had taken Randy Haes, Road Coordinator out there and he was really
surprised to see that much material there. This large amount of material is clearly in the way of
getting a boat into the dock.

Commissioner Strahan made a motion to get more corrected information from the Corps
of Engineers. Motion died for a lack of a second.

9. Chip Seal Machine Repair: Mr. Preston indicated that he had received a quote for getting
the machine repaired by VanKeppel. After a brief discussion, Commissioner Herschend
made a motion to strike any pricing quotes out of the minutes so that there is not an unfair
advantage for bidders. Commissioner Strahan seconded the motion. The motion passed
by vote: Pennel (yes), Herschend (yes), Strahan (yes).

10. Personnel Policy: Mr. Preston stated that Lynette Weatherford, Ms. Luttrell and he had
worked on different areas of the recently approved personnel areas and do have a few
changes.

• Outside Work: It was felt that the county has the right to know when individuals
have outside employment and would like to put some language in the policy to
protect the county.
• Uniforms: As soon as the uniform shirts were issued to employees, some
immediately cut the sleeves off which now means we can not re-issue those to
anyone. It was felt that stronger language needed to be addressed.

Commissioner Strahan commented that those employees who intentionally violate the
policy should have a 1-3 day mandatory suspension.

RECESS
4:08 p.m.

NOVEMBER 04, 2008 17th DAY OF
THE OCTOBER ADJOURN TERM

The County Commission met at the Old Hollister Depot at 1:30 p.m. pursuant to adjourn
with Chuck Pennel, Presiding, and Ron Herschend, Western Commissioner, and the following
proceedings were had and made a matter of record.

SEWER DISTRICT

The County Commission attended the Taney County Regional Sewer District Meeting to
hear updates regarding Bee Creek and Ozark Beach projects as well as Sales Tax Usage in
Rockaway Beach and 2009 Sewer Projects for the City of Branson.

Minutes were typed by Nikki Lawrence.

NOVEMBER 5, 2008 18TH DAY OF
THE OCTOBER ADJOURN TERM

The County Commission met in the Commission Office at 9:10 a.m. pursuant to adjourn
with all members present and the following proceedings were had and made a matter of record.

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STC CASE
TRAVEL EXPENSE

Commissioner Strahan made a motion to front $500.00 for travel expenses on the STC
Case for Counselor Paulson. Commissioner Pennel seconded the motion. The motion passed by
vote: Pennel (yes), Herschend (yes), Strahan (yes).

PRIOR MINUTES

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

2009 BUDGET PREPARATION

The County Commission conducted some prep work on the proposed 2009 budget.

RECESS
12:05 p.m.

RECONVENE
12:50 p.m.

DRAINAGE EASEMENT

Commissioner Pennel made a motion to accept the drainage easement as obtained by
Randy Haes, Road Coordinator at the Barth Property on Wisconsin and Acacia Club Road.
Commissioner Strahan seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (absent), Strahan (yes).

Commissioner Herschend entered the meeting at 1:07 p.m.

JOHN SOUTEE
WORK SESSION

John Soutee, Sewer Administrator met with the Commission to discuss various issues.

1. “Y” Highway Core Drilling: Mr. Soutee presented the Commission with an amendment
to the Great River Engineering contract for the performance of drilling 100 holes on the
“Y” Highway sewer project in an effort to get the bids more precise.

Commissioner Herschend noted that Mel Eakins with Great River Engineering had
brought this issue up in yesterday’s meeting stating that this would eliminate all proposed
contractors each drilling on various properties.

Commissioner Strahan made a motion to perform the 100 drills for up to $15,000 by
amending the Great River Engineering contract. Commissioner Herschend seconded the motion.
The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

2. Dam Site: Mr. Soutee gave a brief update on the Dam Site project noting that the City of
Branson has again asked us to look at yet something else. This time they have requested
us to look at a different type of pump, which has not been approved by DNR as yet.

Commissioner Herschend commented that he has a concern in that it has been 12 weeks
and we have made a motion to move forward yet the City of Branson is yet again coming to us to
look at something else.

Mr. Soutee stated that he knows that Great River is working on the agreement which will
take weeks to get finalized, however it will all come down to whether DNR will approve the
usage of those pumps. Commissioner Strahan added that he thought we were passed that as we
have agreed on this already.

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 TANEY COUNTY COMMISSION RECORD

Commissioner Herschend stated that he would ask Mr. Soutee to contact Mr. Eakins and
proceed with the design that has been approved.

3. Sales Tax Guidelines: Mr. Soutee noted that the Sewer Board will be having a work
session on the sales tax guidelines as well as the ½ cent being used for the stabilization of
sewer rates and operation.

Commissioner Herschend stated that he would be in support of broadening the definition
of capital improvement but would caution towards operation labor and expenses.

NUISANCE CASES

Commissioner Pennel made a motion to send the first letter on case #08-0036.
Commissioner Strahan seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (yes).

Commissioner Pennel made a motion to send the first letter on case #08-0073.
Commissioner Herschend seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (yes).

Commissioner Pennel made a motion to send the first letter on case #08-0072.
Commissioner Strahan seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (yes).

Commissioner Pennel made a motion to send the first letter on case #08-0063.
Commissioner Strahan seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (yes).

Commissioner Pennel made a motion to send the first letter on case #08-0069 (206
Amherst only). Commissioner Herschend seconded the motion. The motion passed by vote:
Pennel (yes), Herschend (yes), Strahan (yes).

JOHN LAVENDER
WORK SESSION

John Lavender, Maintenance Supervisor met with the Commission to discuss various
issues.

1. Continued Employment: Mr. Lavender informed the Commission that he would need to
be raised to $20.00 an hour by 1/9/2009 in order to continue another year with
employment; otherwise he would be retiring thus making more money. Mr. Lavender
gave the Commission a week to think about the proposal.

2. Courthouse Security: Mr. Lavender informed the Commission that the courthouse had
been left open noting that there was no communication but would be resolved.

3. Trees: Mr. Lavender noted that there are 30 trees that still need to be planted. They
appear dead but should come back in the spring. Mr. Lavender requested that road &
bridge come soon to get the trees in the ground.

4. Circle Driveway: Mr. Lavender informed the Commission that the circle driveway for
the new Judicial Facility is 49 feet from curb to curb and the diameter to turn his truck is
53 feet.

Mr. Lavender also noted that the straight parking will be very tight, only 18 feet
clearance when two vehicles are parked across from each other. The Commission spoke with
Mike Smith, Construction Manager via speaker phone to discuss the issue.

5. Locks: Mr. Lavender noted that the rear lock to the jury assembly room had still not been
fixed and would continue to keep on Walton to get the issue resolved. Mr. Lavender also
added that the missing 81 locks will be installed today by his staff. Commissioner
Strahan requested that any work Mr. Lavender’s staff is conducting be noted for future
documentation.

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6. Lightning Strike: Mr. Lavender noted that the last electrical storm knocked out some of
the card readers. The Commission made Mr. Smith aware of the situation as well.

7. Upper Parking Lot: Mr. Lavender stated that the overhead poles at the parking garage are
scheduled to be removed on Friday and added that the lot would be closed for a couple of
days while driveway is being asphalted.

8. Snow & Ice Removal: Mr. Lavender noted that it would be a good idea to have a plan in
place for the snow and ice removal for the parking lots, steep roads, driveways and the
sidewalks. The Commission directed Mr. Lavender to coordinate that with Mr. Preston.

Commissioner Herschend left the meeting at 3:13 p.m.

TRANSPORTATION BOARD

Commissioner Strahan made a motion to appoint Buddy Roberts to the Transportation
Board. Commissioner Pennel seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (absent), Strahan (yes).

ANIMAL CONTROL CONTRACTS

Commissioner Strahan made a motion to revise the county’s contracts with all
municipalities. Commissioner Pennel seconded the motion. The motion passed by vote: Pennel
(yes), Herschend (absent), Strahan (yes).

Minutes were typed by Nikki Lawrence.

NOVEMBER 7, 2008 19th DAY OF
THE OCTOBER ADJOURN TERM

The County Commission met at the Cole County Courthouse at 9:00 a.m. with Chuck
Pennel, Presiding, and Ron Herschend, Western Commissioner, present and the following
proceeding were had and made a matter of record.

STATE TAX COMMISSION
LAWSUIT

The Commission was present for the State Tax Commission Hearing, which was held at
the Cole County Courthouse.

Minutes were typed by Nikki Lawrence.

NOVEMBER 10, 2008 20th DAY OF
THE OCTOBER ADJOURN TERM

The County Commission met in the County Commission Hearing Room at 8:58 a.m. with
Chuck Pennel, Presiding, and Danny Strahan, Eastern Commissioner, present and the following
proceedings were had and made a matter of record.

Prayer was led by Treasurer Soutee followed by the pledge.

ACCOUNTS ALLOWED

Commissioner Strahan made a motion to approve accounts payable warrants #306657-
#306747 and manual warrants #4918-4919. Commissioner Pennel seconded the motion. The
motion passed by vote: Pennel (yes), Herschend (absent), Strahan (yes).

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PRIOR MINUTES

Commissioner Pennel made a motion to approve prior Commission Minutes dated
10/8/08, 10/9/08 (amended), 10/10/08, 10/22/08, 10/23/08, 10/29/08 and 11/5/08. Commissioner
Strahan seconded the motion. The motion passed by vote: Pennel (yes), Herschend (absent),
Strahan (yes).

TRANSPORTATION BOARD
APPOINTMENT

Commissioner Strahan announced Mr. Buddy Roberts was appointed to the
Transportation Board last week.

Commissioner Herschend entered the meeting at 9:02 a.m.

HANGAR CONTRACT

Counselor Paulson had reviewed the Contract, which was previously approved, and was
awaiting signatures.

Commissioner Pennel made a motion to table Hangar Contract until this afternoon.
Commissioner Pennel withdrew his motion.

MONTHLY BUDGET REPORT

Auditor Findley submitted the Monthly Budget Report, which reads as follows:

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 TANEY COUNTY COMMISSION RECORD

FUNDBALANCE TANEY COUNTY
10/31/08 BUDGET
FUND BALANCES

PERIOD TO YEAR TO
DATE DATE
ACTUAL ACTUAL

GENERAL COUNTY REVENUE
BEGINNING BALANCE $0.00 $18,628,344.77
REVENUES 1,388,583.63 13,372,866.52
- -
TOTAL REVENUES GCR 1,388,583.63 32,001,211.29
- -
TOTAL GCR EXPENDITURES 1,818,324.54 18,107,461.65
= =
TOTAL GCR FUND BALANCE (429,740.91) 13,893,749.64

ROAD & BRIDGE
BEGINNING BALANCE 0.00 7,004,998.91
REVENUES 106,787.87 1,199,651.93
- -
TOTAL RB REVENUES 106,787.87 8,204,650.84
- -
EXPENDITURES 752,733.57 5,335,777.31
= =
TOTAL RB FUND BALANCE (645,945.70) 2,868,873.53

ROAD & BRIDGE TRUST
BEGINNING BALANCE 0.00 3,693,493.95
REVENUES 803,215.41 6,344,638.42
- -
TOTAL RBT REVENUES 803,215.41 10,038,132.37
- -
EXPENDITURES 571,969.06 7,130,848.46
= =
TOTAL RBT FUND BALANCE 231,246.35 2,907,283.91

ASSESSMENT FUND
BEGINNING BALANCE 0.00 3,099.75
REVENUES 63,482.72 525,672.22
- -
TOTAL AF REVENUES 63,482.72 528,771.97
- -
EXPENDITURES 64,010.13 528,953.96
= =
TOTAL ASSEMENT FUND BALANCE (527.41) (181.99)

ELECTION FUND

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 TANEY COUNTY COMMISSION RECORD
BEGINNING BALANCE 0.00 31,698.41
REVENUES 123.27 12,574.62
- -
TOTAL ELECTION REVENUES 123.27 44,273.03
- -
EXPENDITURES 628.41 13,174.84
= =
TOTAL ELECTION FUND BALANCE (505.14) 31,098.19

TRANSFER STATION FUND
BEGINNING BALANCE 0.00 747,493.99
REVENUES 125,146.22 980,294.57
- -
TOTAL TS REVENUES 125,146.22 1,727,788.56
- -
EXPENDITURES 134,608.24 987,448.69
= =
TOTAL TS FUND BALANCE (9,462.02) 740,339.87

FUNDBALANCE TANEY COUNTY
10/31/08 BUDGET
FUND BALANCES

PERIOD TO YEAR TO
DATE DATE
ACTUAL ACTUAL

LEPC FUND
BEGINNING BALANCE $0.00 $11,839.45
REVENUES 31.20 1,992.27
- -
TOTAL LEPC REVENUES 31.20 13,831.72
- -
EXPENDITURES 0.00 4,731.31
= =
TOTAL LEPC FUND BALANCE 31.20 9,100.41

LAW ENFORCEMENT TRAINING FUND
BEGINNING BALANCE 0.00 3,608.14
REVENUES 364.62 4,131.73
- -
TOTAL LET REVENUES 364.62 7,739.87
- -
EXPENDITURES 72.78 5,232.71
= =
TOTAL LET FUND BALANCE 291.84 2,507.16

PROSECUTING ATTORNEY TRAINING FUND
BEGINNING BALANCE 0.00 6,364.77
REVENUES 114.58 1,252.34
- -
TOTAL PAT REVENUES 114.58 7,617.11
- -
EXPENDITURES 142.37 1,409.88
= =
TOTAL PAT FUND BALANCE (27.79) 6,207.23

COUNTY INSURED FUND
BEGINNING BALANCE 0.00 96,313.14
REVENUES 304.79 3,467.64
- -
TOTAL COUNTY INSURED REVENUES 304.79 99,780.78
- -

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 TANEY COUNTY COMMISSION RECORD
EXPENDITURES 9,830.84 67,172.59
= =
TOTAL COUNTY INSURED FUND BALANCE (9,526.05) 32,608.19

911 FUND
BEGINNING BALANCE 0.00 1,099,556.88
REVENUES 44,427.66 460,040.10
- -
TOTAL 911 REVENUES 44,427.66 1,559,596.98
- -
EXPENDITURES 11,411.89 656,083.53
= =
TOTAL 911 FUND BALANCE 33,015.77 903,513.45

USE TAX

FUNDBALANCE TANEY COUNTY
10/31/08 BUDGET
FUND BALANCES

PERIOD TO YEAR TO
DATE DATE
ACTUAL ACTUAL

SEWER FUND
BEGINNING BALANCE $0.00 $23,082,218.45
REVENUES 769,943.36 11,288,901.37
- -
TOTAL SEWER REVENUES 769,943.36 34,371,119.82
- -
EXPENDITURES 153,449.24 6,607,317.88
= =
TOTAL SEWER FUND BALANCE 616,494.12 27,763,801.94

SEWER DESIGNATED FUND
EXPENDITURES

= =
TOTAL ALL SEWER FUNDS 616,494.12 27,763,801.94
= =

SHERIFF CIVIL FUND
BEGINNING BALANCE 0.00 97,171.17
REVENUES 469.05 61,178.44
- -
TOTAL SHERIFF CIVIL REVENUES 469.05 158,349.61
- -
EXPENDITURES 4,872.22 26,437.76
= =
TOTAL SHERIFF CIVIL FUND BALANCE (4,403.17) 131,911.85

TAX MAINTENANCE FUND
BEGINNING BALANCE 0.00 111,445.25
REVENUES 2,920.74 94,835.58
- -
TOTAL MAINTENANCE FUND REVENUES 2,920.74 206,280.83
- -
EXPENDITURES 80.00 89,975.59
= =
TOTAL MAINTENANCE FUND BALANCE 2,840.74 116,305.24

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CLERK NEELEY

Clerk Neeley informed the Commission that she requested office personnel to post on the
agenda Forestry Tax for tomorrow morning at 9:00 a.m. Commissioner Herschend indicated it
was Veteran’s Day and the courthouse would be closed. Clerk Neeley stated she arranged this
issue to be handled via conference call.

Commissioner Herschend requested Clerk Neeley to have the meeting in the courthouse,
if she needed a motion for Tuesday, November 11th, so the public would have an opportunity to
attend if they chose. Clerk Neeley noted that she would come in to her office for the call.

TAX SALES SURPLUS

Collector Wyatt stated she was turning over the Tax Sales Surplus to the County
Treasurer, as required by RSMo 140.230 and noted that the original surplus was $95,989.43.

Commissioner Pennel made a motion to accept the surplus statement from the Collector.
Commissioner Herschend seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (yes).

PAYMENT DROP BOX

Collector Wyatt requested to purchase a payment drop box be placed outside of her
office.

Commissioner Herschend asked for Collector Wyatt to speak with all vendors and give
the Commission an update at that point. The Commission concurred.

PARKING LOT
CONCERNS

Collector Wyatt voiced concerns of the new parking lot located between the Courthouse
and the Judicial Facility. She informed the Commission that she had already received
complaints/comments on the issue.

Collector Wyatt requested that street parking be left for the public and that the employees
use designated lots and further asked the Commission to support her in her efforts.

Collector Wyatt also questioned if the amount of spaces in the parking lot could be
increased. Commissioner Strahan noted that there has been a design flaw in the parking lot, but
that it is in the re-design phase and that there will be a curb pulled out to widen the lot, but
unsure of how many additional spaces it will provide.

Commissioner Pennel commented he could only make available alternative parking, such
as the parking structure, but could not require employees to utilize it. He also noted that by
freeing up the parking on the street for the public, shows courtesy to the taxpayers.

RECESS
9:40 a.m.

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

Minutes taken and typed by Nikki Lawrence.

RECONVENE
1:04 p.m.

BOB PAULSON
WORK SESSION

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 TANEY COUNTY COMMISSION RECORD

Counselor Paulson gave the Commission an update on legal issues, specifically a water
runoff release on Meadow Ridge Road, a dog bite case as well as an STC update. Commissioner
Pennel stated that he would like for Counsel to talk about the nuisance cases in the Wednesday
morning meeting. Counselor Paulson updated his calendar as well.

SHORTY COOPER STREET

Mel Eakins and Spencer Jones from Great River Engineering met with the Commission
to discuss the routing of the new Shorty Cooper Street. A new design that would line up with
Allaman Street and remove a portion of an apparent second entrance to the jail.

Commissioner Herschend made a motion to approve the changes but to leave as much of
the second entrance for access to the side door for loading and unloading trucks. Commissioner
Strahan stated that he would like to see it staked for a visual and noted that if it was only a 15-
20,000 it would be a good investment.

COUNTY ENGINEER

Frank Preston, Road Administrator commented that it was common practice to have one
firm that would handle all the counties engineering. Mr. Jones noted that Great River
Engineering had never formalized an agreement noting that they were the county’s engineering
firm. Commissioner Pennel asked what the county would do if they wanted to go out to other
firms for a bid. Mr. Eakins commented that the agreement would not be an exclusive contract.

Commissioner Herschend asked then why not continue as is, what the benefit for the
county is. Mr. Eakins commented that it didn’t matter to Great River, just thought it might
answer questions as to why the county is using Great River. Commissioner Strahan added that
the county is satisfied with Great River but still likes to test the market.

JAIL ANNEX – REMODEL

Planning & Zoning and Sewer District members presented the Commission with a
proposed layout for the remodeling of the Jail Annex. After a brief discussion, the Commission
agreed to send the layout for bid.

EXECUTIVE SESSION

Commissioner Herschend made a motion to go into executive session pursuant to RSMo.
610.021(3)(12). Commissioner Pennel 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 taken.

FRANK PRESTON & TRESSA LUTTRELL
WORK SESSION

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

1. Sick Leave Memo: Mr. Preston informed the Commission that a memo will be sent to
the road employees regarding the misuse of sick leave.

2. Acacia Club Bridge: Mr. Preston presented pictures of the finished Acacia Club Bridge
but had some concern about the drop off and stated that he would like to put up a fence so
pedestrians as well as vehicles would have some sort of protection.

3. Casey Road: Mr. Preston commented that Mr. Wyatt has asked for some additional items
that were not on the approved list and wanted to know how the Commission felt.
Commissioner Strahan mentioned that they should stick with the original plan.

4. Regions Bank: Ms. Luttrell informed the Commission that she had received a letter from
Regions Bank noting that since the county voted to use county funds rather than the
banks, they are requesting reimbursement for legal fees that they incurred.

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Commissioner Herschend made a motion that Counsel should write a letter to Regions noting the
only reason the county denied their funding was that they changed the terms of the bid after the
fact. Commissioner Strahan seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (yes).

RECESS
4:09 p.m.

NOVEMBER 11, 2008 21st DAY OF
THE OCTOBER ADJOURN TERM

The County Commission met via the telephone at 10:00 a.m. pursuant to adjourn with
Chuck Pennel, Presiding, and Ron Herschend, Western Commissioner and the following
proceedings were had and made a matter of record.

FORESTRY TAX

Commissioner Pennel made a motion to approve setting 16% of the monies received
from The National Forest Receipts. Commissioner Herschend seconded the motion and added
that this is something that is done every year for the citizens of Taney County. The motion
passed.

Minutes were taken by Donna Neeley and typed by Nikki Lawrence.

NOVEMBER 12, 2008 22ND DAY OF
THE OCTOBER ADJOURN TERM

The County Commission met in the Commission Office at 9:08 a.m. pursuant to adjourn
with Chuck Pennel, Presiding and Danny Strahan, Eastern Commissioner present and the
following proceedings were had and made a matter of record.

PAYROLL

Commissioner Pennel made a motion to approve the following payroll warrants.

General County Revenue #105098 through #105118

Road & Bridge #105071 through #105091

Assessment Fund #105092 through #105093

Transfer Station #105094 through #105096

911 Administration #105097

Accounts Payable warrants #306759 through #306774, manual warrants #4920, #4921

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

EXECUTIVE SESSION

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

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Commissioner Pennel made a motion to allow Carol Williams to carry over 80 hours of
vacation to 2009. Commissioner Strahan seconded the motion. The motion passed by vote:
Pennel (yes), Herschend (absent), Strahan (yes).

Clerk Neeley further informed the Commission that Ms. Williams has banked 160 hours
of compensatory time and would be scheduling that time in December rather than being paid.
The Commission concurred.

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

RECESS
9:36 a.m.

NOVEMBER 13, 2008 23RD DAY OF
THE OCTOBER ADJOURN TERM

The County Commission met in the Commission Office at 2:05 p.m. pursuant to adjourn
with all members present and the following proceedings were had and made a matter of record.

SEPTAGON
MONTHLY UPDATE

Mike Smith with Septagon Construction noted that PR#61 was issued by HMN on
9/26/08 requesting pricing to modify the granite steps and landing to make them more slip
resistant. Options with related costs were sent by HMN to the Commission. Septagon contacted
Walton Construction and asked for Walton to verify that the coefficient of friction of the granite
surface meets the written specifications. Walton did not provide the information so Septagon
contacted Palmerton & Parrish to schedule the test. Mr. Smith noted that the test results did not
meet the .6 minimum value as specified, it was only .48.

Mr. Smith further noted that Palmerton recommended that a sample be provided for
testing in order to meet the minimum requirements. Commissioner Herschend made a motion to
go with the bush hammering and to ask Walton to fix the problem. Commissioner Pennel asked
if he meant to pay for it. Commissioner Herschend noted yes, Walton didn’t meet the technical
specifications. Commissioner Pennel seconded the motion. The motion passed by vote: Pennel
(yes), Herschend (yes), Strahan (yes).

Mr. Smith noted that HMN had contacted Johnson Burkholder to design a footing for the
precast concrete sign to be placed near Highway 160, however the design for the footing came
back extensive and the engineer suggested that it would probably be much less expensive to use
a cast-in-place wall.

Commissioner Herschend made a motion to ask Septagon to approach Sharp Signs to
design at a not to exceed rate of $4,000.00. Commissioner Pennel seconded the motion. The
motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

Mr. Smith noted that a revised proposal had been received requesting a total of $6,376.00
for the addition of an indicator light and alarm in dispatch for the generator as requested by the
Fire Chief. This amount is hire due to the building now being occupied thus the power not being
able to be shut off.

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

Commissioner Pennel made a motion to ask Septagon to issue a purchase order for the
necessary equipment converting doors J1001A and J1001B from manual sliding doors to

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

NOVEMBER 14, 2008 24TH DAY OF
THE OCTOBER ADJOURN TERM

The County Commission met in the Commission Office at 8:14 a.m. pursuant to adjourn
with all members present and the following proceedings were had and made a matter of record.

2009 BUDGET

The County Commission began the preparation of the 2009 budget.

RECESS
12:25 p.m.

RECONVENE
1:27 p.m.

2009 BUDGET

The County Commission began the preparation of the 2009 budget.

EXECUTIVE SESSION

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

Commissioner Pennel 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.

NOVEMBER 17, 2008 25th DAY OF
THE OCTOBER ADJOURN TERM

The County Commission met in the County Commission Hearing Room at 9:03 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.

ACCOUNTS ALLOWED

Commissioner Strahan made a motion to accounts payable warrants #306748-#306758,
#306775-#306841 and manual warrant #4922. 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
10/27/08, 10/30/08, 10/31/08, 11/3/08, 11/4/08, 11/7/08 and 11/11/08 with noted corrections.
Commissioner Pennel seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (yes).

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WHITE TAIL CROSSING
ROAD PETITION

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

Located in Whitetail Crossing Sub-Division > Section 19, Township 24N, Range 21W
Gabby Lane is a through road that runs from Jack Hollow to Stone Creek. The surface is in poor condition
with sub-grade failure for more than sixty percent of the roadway. Ditch-line on the north side should be
cleaned and shaped, especially at the intersection of Stone Creek. This road should be scarified and sub
grade material added for stability and road properly crowned. This road also has a steep grade and I would
suggest a surface of hot mix overlay rather than chip seal. Cost to the county is taken into the system
would be approximately $5,000.00-$10,000.00 for material. It would be recommended a class V if taken
into the county road system.

Located in Whitetail Crossing Sub-Division > Section 19, Township 24N, Range 21 W
Ridge Wood Lane is a through road that runs from Jacks Hollow to Stone Creek. The surface is in fair
condition except at the intersection with Stone Creek. The failure may be due to the steep grade. The
roadway needs to be widened to a twenty foot surface and repaired at the Stone Creek Intersection. It
would be recommended to lay a hot mix surface rather than a chip and seal as this road has a steep grade
similar to Gabby Lane and a class V if taken into the county system.

Located in Whitetail Crossing Sub-Division > Section 19, Township 24N, Range 21W
Stone Creek Road is a through road that runs from Gabby Lane to Rock Point Drive the surface is in poor
condition from Rock Point Drive to Ridge Wood Lane and from Ridge Wood Lane to Gabby Lane the
surface is fair by narrow. This roadway should be widened and sub-grade material added for stability.
Drainage at the intersections of Ridge Wood Lane and at Gabby Lane should be reshaped. The roadway
between Gabby Lane and Ridge Wood Lane should have a guardrail on the lower side of the roadway.
Cost to the county for improvement, if taken into the county system would be $20,000.00-$25,000.00 and a
class V.

Frank Preston, Road & Bridge Administrator, showed a video of the roads that were
being petitioned for the county to take into the county maintenance system. He noted that the
remaining portion of Gabby Lane and all of Stone Creek Road and Ridge Wood Lane were all in
poor condition.

Commissioner Pennel commented that according to the petition there were only a couple
of homes on the roads. Mr. Preston stated that there were five (5) homes on the series of roads.

Commissioner Herschend made a motion to deny White Tail Crossing Road Petition at
this time, as he has concerns that the responsibility of the roads lie with the developer and/or the
homeowners association and that the roads would need to be brought up to county standards.

Commissioner Strahan commented that a portion of Gabby Lane has been working on by
the county and would like to see the remaining portion taken in the county maintenance system.

Motion died for lack of a second.

Commissioner Strahan made a motion to take in the remaining portion of Gabby Lane.

Motion died for lack of a second.

Commissioner Pennel made a motion to table until the Commission could view Gabby
Lane. Commissioner Herschend seconded the motion. The motion passed by vote: Pennel
(yes), Herschend (yes), Strahan (no).

PAGING SYSTEM FOR
PROSECUTOR’S OFFICE

Gary Morgan, IS Administrator, noted the Prosecutor’s Office had researched purchasing
a paging system, as their new office is much larger than their old one. He also stated the paging
system would be cabled through the current/existing telephone system and Century Tel bid this
project at $1,970.60.

A general discussion ensued referencing the placement of the speakers as it would be
necessary and not a hindrance for all office personnel.

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Commissioner Herschend made a motion to table until the Commission could go to the
Prosecutor’s Office to look at the set-up and decide what is necessary for their office.

Mr. Morgan noted that Century Tel’s bid would be current for 30 days. Commissioner
Pennel noted being in favor of the purchase, as he can see the need in their office layout.
Tammy Hagler, 911 Administrator, stated she had researched other alternatives and the end
result always came back to a paging system.

Commissioner Herschend asked about purchasing a repeater. Ms. Hagler noted it was
one of the alternatives she had researched, but found there could only be a maximum of 6 phone
lines attached.

Commissioner Strahan stated he was in favor of doing something different, like
purchasing a paging system, but wanted to research all options before a decision was made.

Commissioner Strahan seconded the motion. The motion passed by vote: Pennel (no),
Herschend (yes), Strahan (yes).

Mr. Morgan was instructed by the Commission to get in touch with Alltel to get a quote
on purchasing a repeater.

2009 LEGISLATIVE PARTNERSHIP

Commissioner Pennel made a motion to support the 2009 Legislative Priorities, which
were assembled by the Branson Lakes Legislative Area Partnership. Commissioners Herschend
seconded the motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

FRANK PRESTON
ROADS UPDATE

Mr. Preston noted that Shorty Cooper had been flagged for re-alignment and there has
been a meeting scheduled this afternoon to discuss additional details on the project.

CERF

Clerk Neeley presented an annual CERF document to the Commission for their
signatures.

Commissioner Strahan made a motion to approve 4% of employee salaries to go towards
CERF, which is the same as it has been in the past. Commissioner Pennel seconded the motion.
The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

STATE TAX COMMISSION
SETTLEMENT

Commissioner Herschend questioned Counselor Paulson on the status of the Settlement
Agreement. Mr. Paulson noted that he is anxiously awaiting an answer from Mr. Randy Turley,
representative for the State Tax Commission of Missouri.

RECESS
9:46 a.m.

Minutes were taken and typed by Nikki Lawrence.

RECONVENE
1:14 p.m.

SHORTY COOPER STREET

Spencer Jones with Great River Engineering met with the Commission to discuss the
recent changes to Shorty Cooper Street. Commissioner Herschend asked Mayor Oliphant to take
a look at the staking at the site to make sure they are to the City’s liking.

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BUENA VISTA
ENTRANCE ROAD

Mr. Jones updated the Commission on the status of the entrance for Buena Vista for the
Mountain. Mr. Jones noted that some major considerations for the design was because of a
portable transformer that would be stored at the Mountain location as well as a substation for
White River Valley Electric Company.

Commissioner Herschend asked what the estimated cost would be. Mr. Jones stated that
he hadn’t ran the numbers as yet as this was just a concept and added that there were some things
that needed to be resolved: 1) the Mountain needs to develop a plan of how this would be
accessed internally 2) bring that plan to the county for review and 3) the county should determine
if this road is adequate for the types of vehicles running on that location.

Commissioner Herschend commented that he didn’t stop this work as he was here when
this Commission approved 6 years ago to build an access road and added that he got excited
when there is 20-40 jobs brought to the county with salaries of 60,000. If the Commission is
saying that we are not going to spend any money then I have led them astray. Commissioner
Pennel indicated that his understanding was that Jack Henry was coming no matter what.
Commissioner Herschend noted that they are there in a small way, however without power it
won’t happen.

Commissioner Strahan asked why the power company hasn’t come to the Commission
with their needs which is a concern of his. Commissioner Herschend noted that the Commission
voted when it was on the curb and the IDA voted unanimously. Now is the first time I have
heard that we wouldn’t be supporting the project. Commissioner Herschend reiterated that the
Commission went to the IDA with a project and voted and asked that the Mountain, the power
company and the Commission get together.

FRANK PRESTON & TRESSA LUTTRELL
WORK SESSION

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

1. Forsyth Walking Trail: Mr. Preston asked if the Commission was aware that the contract
with the City of Forsyth included that the City would pay Taney County $25,000.00 for
signage and traffic control.

Spencer Jones from Great River Engineering noted that the City was going to let the
project die if the County didn’t step up and added that it was going to cost the City the
$25,000.00 whether they did the project or not as the $25,000.00 would have to be repaid. We
are at the point of finalizing the project. Mr. Jones added that the City was to supply the park
benches, trash cans etc., however the County did that and was reimbursed for those expenditures.

Commissioner Strahan noted that he remembered someone stating that the County had
$60,000.00 out of pocket expenses on this project, if there is an agreement noting the City is to
pay us, I would like to have that money. Commissioner Strahan added that the City has reaped
the benefits from all the County’s generosity several times. Commissioner Herschend stated that
he thought the contract stated if the County didn’t spend the money that we wouldn’t be
reimbursed. Mr. Jones commented that he was at the meeting with the City and the intent was
for the City to pay the County $25,000.00 as they were going to have to pay that amount back
and drop the project.

Commissioner Herschend made a motion for a letter to the City requesting the
reimbursement of $25,000.00 as spelled out in the contract. Commissioner Strahan asked Mr.
Jones to provide the letter. Commissioner Pennel seconded the motion. The motion passed by
vote: Pennel (yes), Herschend (yes), Strahan (yes).

2. Road Standards: The final draft of the Road Standards was presented to the Commission
with various areas discussed for clarification. Mr. Preston noted that the suggested
changes would be made and a final copy given to the Commission for approval.

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Commissioner Strahan requested that the Commission be given a week to do the final
review.

3. Justin Gage project: Mr. Preston informed the Commission that he had been invited to a
meeting along with Auditor Findley regarding the East/West Corridor and Event Center.
Mr. Preston noted that Mr. Gage had handed out a copy of a speech he would start giving
to the public which reflects that the County would be giving $500,000 out of GCR and
R&B and supplement with a 1/8 cent sales tax for 15 years.

Ms. Luttrell asked where the million dollars would be coming from with our current
budget the way it is. Commissioner Herschend stated that it wasn’t there. Ms. Luttrell added
that Mr. Gage is going to go to the public stating that the County is going to contribute. Mr.
Preston stated that he wasn’t comfortable with what Mr. Gage had stated. Ms. Luttrell inquired
as to what our Auditor had to say about it. Mr. Preston commented that he was for the concept
but that there were three gentlemen that would have to approve that theory.

Commissioner Herschend asked what the Commission should do when they here that a
commitment is being made without our approval. Commissioner Pennel noted that Mr. Gage has
not set down with the Commission yet. Commissioner Herschend pointed out that Mr. Gage has
shared it with a representative of the County; the public doesn’t know that he hasn’t spoken with
the Commission. Commissioner Pennel asked what the Commission thought about inviting Mr.
Gage to a Commission meeting and asked Mr. Preston to set it up.

RECESS
4:19 p.m.

NOVEMBER 18, 2008 26th DAY
OF THE OCTOBER ADJOURN TERM

The County Commission met in the County Commission Hearing Room at 11:00 a.m.
pursuant to adjourn with Chuck Pennel, Presiding, and Ron Herschend, Western Commissioner,
present and the following proceeding were had and made a matter of record.

HOLIDAY HILLS
BID OPENING

The Commission attended a bid opening meeting to discuss the Holiday Hills project.

Minutes were typed by Nikki Lawrence.

NOVEMBER 19, 2008 27TH DAY OF
THE OCTOBER ADJOURN TERM

The County Commission met in the Commission Office at 8:30 a.m. pursuant to adjourn
with Chuck Pennel, Presiding Commissioner and Danny Strahan, Eastern Commissioner present
and the following proceedings were had and made a matter of record.

STEPHANIE MUNDELL
ANIMAL CONTROL UPDATE

Stephanie Mundell, Office Manager for Animal Control met with the Commission to
discuss various issues with Animal Control.

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VICKI RICE
INSURANCE RENEWAL

Vicki Rice with Akers & Arney presented the Commission with the bids for the Taney
County Health Insurance.

Commissioner Herschend entered the meeting at 9:46 a.m.

Commissioner Herschend made a motion to renew the County’s insurance through Cox
as presented. Commissioner Strahan seconded the motion. The motion passed by vote: Pennel
(yes), Herschend (yes), Strahan (yes).

RECESS

RECONVENE

The County Commission reconvened at 1:20 p.m. with Chuck Pennel, Presiding and Ron
Herschend, Western Commissioner present.

JOHN SOUTEE
SEWER DISTRICT UPDATE

John Soutee, Sewer District Administrator met with the Commission to give an update on
various sewer issues and projects.

1. Holiday Hills and Ozark Beach bids: Mr. Soutee stated that the bids had been opened
and are currently being reviewed by Mel Eakins with Great River Engineering.

2. Spring Hills South and Dam Site: Mr. Soutee noted that Mr. Eakins is currently working
on the agreements for both areas.

Mr. Soutee noted that Don Squire had contacted him regarding a recent phone call from
the Attorney Generals office and requested that I tell them that he was ok. Mr. Soutee added that
he directed Mr. Squire to Tom Motley the Attorney for the LLC. Commissioner Pennel inquired
about the lift station. Mr. Soutee noted that the pump station would work on the 10 homes
adding that John Hooker had located information on a centrical pump that he sent to Mel for
review.

Commissioner Pennel added that he didn’t vote for this issue as he felt the Commission
needed to spend more time on the issue. Commissioner Herschend stated that this was a simple
issue, to take in 10 homes to a project with a 200,000 gallon pump station, we have to do
something. Commissioner Pennel noted that he wasn’t saying not to do the project but to look in
the future 2, 5 maybe 10 years. Commissioner Herschend stated that we have a short term need
and we voted to fix the problem, I just don’t see spending that kind of money.

3. Kirbyville: Mr. Soutee noted that the board gave Mr. Eakins direction to see if Kirbyville
could relinquish their sales tax back to the county and the county build their sewer.
Commissioner Herschend asked why they hadn’t built their sewer yet. Mr. Soutee noted
that they didn’t have the funds.

NUISANCE CASES

Commissioner Pennel made a motion to approve the 1st letter on case #08-0076.
Commissioner Herschend seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (absent).

Commissioner Pennel made a motion to approve the 1st letter on case #08-0003.
Commissioner Herschend seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (absent).

Commissioner Herschend made a motion to approve the 2nd letter on cases #04-392 and
#08-0017. Commissioner Pennel seconded the motion. The motion passed by vote: Pennel
(yes), Herschend (yes), Strahan (absent).

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Commissioner Pennel made a motion for Counselor Paulson to continue with court
proceedings contingent upon Mr. Crawford making another view of the property on case #04-
398. Commissioner Herschend seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (absent).

Commissioner Herschend made a motion to send case #04-396 to Counsel for court
proceedings. Commissioner Pennel seconded the motion. The motion passed by vote: Pennel
(yes), Herschend (yes), Strahan (absent).

Commissioner Herschend requested that Mr. Crawford give the Commission a monthly
update on the cases that have been given to Counsel.

Commissioner Pennel made a motion to send case #08-0012 to Counsel for court
proceedings contingent upon Mr. Crawford making another view of the property. Commissioner
Herschend seconded the motion. The motion passed by vote: Pennel (yes), Herschend (yes),
Strahan (absent).

EDDIE COXIE
PLANNING UPDATE

Eddie Coxie, Planning & Zoning Administrator met with the Commission to give an
update on Planning issues. Mr. Coxie noted that the requirement for storm water plans were
already in the code, however, the county had not been enforcing that area. Commissioner Pennel
made a motion that the Planning staff start requesting storm water plans on all projects.
Commissioner Herschend seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (absent).

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 (absent).

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

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

NOVEMBER 20, 2008 28th DAY OF
THE OCTOBER ADJOURN TERM

The County Commission met at Hollister Town Hall at 2:30 p.m. with all members
present and the following proceeding were had and made a matter of record.

PARTNERS FOR PROGRESS

The Commission attended the monthly Partners For Progress meeting to discuss
transportation issues in Taney County.

Minutes were typed by Nikki Lawrence.

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NOVEMBER 26, 2008 29th DAY OF
THE OCTBER ADJOURN TERM

The County Commission met in the Commission Conference Room at 9:22 a.m. pursuant
to adjourn with all members present and the following proceeding were had and made a matter of
record.

ACCOUNTS ALLOWED

Commissioner Pennel made a motion to approve accounts payable warrants #306844 –
306901, #306903 – 306997, excluding #306902, HMN Architects, and manual warrants #4924 –
4926. Commissioner Strahan seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (yes).

PRIOR MINUTES

There are no prior minutes currently available for approval.

PAYROLL

Commissioner Pennel made a motion to approve the following payroll warrants:

General County Revenue #105119 through #105120, #105149 through #105169

Road & Bridge #105122 through #105142

Assessment Fund #105121, #105143 through #105144

Transfer Station #105145 through #105147

911 Administration #105148

Accounts Payable warrants #307165 through #307182, manual warrants #4927 and #4928.

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

2009 BUDGET
GARY MORGAN – INFORMATION SYSTEMS

Gary Morgan, Information Systems Administrator, came before the Commission to
discuss his 2009 budget.

RECESS
10:33 a.m.

RECONVENE
10:38 a.m.

2009 BUDGET
EDDIE COXIE – PLANNING & ZONING

Eddie Coxie, Planning & Zoning Administrator, came before the Commission to discuss
his 2009 budget.

2009 BUDGET
JOHN SOUTEE – SEWER DISTRICT

John Soutee, Sewer District’s Administrator, came before the Commission to discuss his
2009 budget.

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It should be noted that Commissioner Pennel left the meeting.

COMMISSIONER PENNEL

Ms. Angie Edwards, Deputy Clerk, swore in Commissioner Strahan as temporary
Presiding Commissioner for the duration of Commissioner Pennel’s absence pursuant to RSMo.

It should be noted that Commissioner Herschend left the meeting at 11:45 a.m. and the
quorum was lost. Commissioner Herschend returned to the meeting at 11:46 a.m. and the
quorum was re-established.

RECESS
11:57 a.m.

Minutes were taken by Angie Edwards and typed by Nikki Lawrence.

DECEMBER 1, 2008 30TH DAY OF
THE OCTOBER ADJOURN TERM

The County Commission met in the 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 Helen Soutee followed by the pledge.

ACCOUNTS ALLOWED

Commissioner Pennel made a motion to approve accounts payable warrants #306998
through #307164, #307183 through #307247. Commissioner Strahan seconded the motion. The
motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

BLACKBERRY DRIVE
ROAD PETITION

The County Commission took up the petition to establish Blackberry Drive as a county
road. Commissioner Herschend stated that he was concerned that the county is taking in roads
that need to be rebuilt and that are smaller than normal. Commissioner Herschend added that he
has struggled for the last 8 years to be responsive and not build roads for subdivisions.

Commissioner Pennel read the petition into record as “Blackberry Drive a dead end
residential aggregate road Section 12, Township 22, Range 22.” The comments of the reviewer
noted this roadway is in fair to poor condition. The roadway needs widen and ditched on the
south side of the road. There is only one cross culvert and it will need replaced. The road will
need aggregate added and a turnaround established. I have talked to one of the homeowners,
who initiated the petition and he is talking to neighbors to make a turnaround possible. Some of
the right of way will need clearing and a railroad tie retaining wall will need removed. The
entrances on the south side of the road will need culverts installed when ditch line is excavated.
I would estimate the improvements to cost approximately $15,000 to $20,000. I would
recommend a class V if taken into the county system.

Commissioner Pennel made a motion to table until the Commission has the opportunity
to visit with the petitioner. Commissioner Herschend mentioned that we should check where the
highline poles are and see who owns that property. Commissioner Herschend seconded the
motion and added that they should probably check with the Sewer Administrator as well. The
motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

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BEAR ROAD
ROAD PETITION

The County Commission took up the petition to establish Bear Road as a county road.
Commissioner Pennel read the petition into record as “Section 15 Township 23 Range 21 named
road is Bear Road.” Commissioner Herschend read the following comments of the reviewer:
This road is a through road that serves eight homes at present and one archery business. The
road has 1,200’ that is chip seal and the rest is base rock surface. There is some ditch work that
needs to be done and along with some minor ditch cleaning. The main entrance on the east end
needs concrete removed from the ditch line on the flow out side of culvert. There are two water
valves in the road surface next to the shoulder that needs to be cut down to surface elevation and
concrete around the lids to stabilize. A ditch line on the west end of the road needs to be cleaned
and shaped. One driveway needs ditch work to prevent washing when the water gets to the
roadway. The hills on both sides of the hollow have grades that range from 15-22 percent. The
base rock section of this road should be chip sealed, especially on the hills to prevent wash
boarding and help with traction. I have met with the developer when I reviewed this road and he
said most or all of the drainage issues and water valves that I listed would be taken care of before
December 1st. I would recommend a class V if taken into the county system.

Commissioner Herschend asked if there was an estimated cost for taking in the road.
Randy Haes, Road Coordinator noted that he had not estimated the costs as yet. Commissioner
Strahan made a motion to accept the road contingent upon Jack Harris, Developer chip and
sealing this road in the spring of 2009. Commissioner Pennel seconded the motion.

Commissioner Pennel pointed out that in asking Mr. Harris to do this is consistent with
other roads that have been taken in by the county. Commissioner Herschend asked that the
Commission consider taking the road in now and asking Mr. Harris to reimburse the county for
the chip seal because by next year there could be other issues arise and added that Mr. Harris has
done everything the county has asked him to do. The motion passed by vote: Pennel (yes),
Herschend (abstain), Strahan (yes).

CLEO BOARD MEMBER

Commissioner Pennel informed the Commission that he was notified that the
Commission would need to appoint a member to the CLEO board and added that Pat Shea had
been recommended.

Commissioner Herschend asked what the role of a CLEO member was. Commissioner
Pennel noted that he was not sure. Commissioner Strahan made a motion to table the
appointment until the Commission could obtain references on Mr. Shea. Commissioner
Herschend seconded the motion. The motion passed by vote: Pennel (yes), Herschend (yes),
Strahan (yes).

LATE FEE
PROPERTY TAX REQUEST

Cindy Hemenway from the County Clerk’s Office presented a request for late fees to be
waived on real estate property #03-7.0-26-000-000-007.000 noting that the Assessor missed
processing the deed and a tax statement not being received. Commissioner Pennel made a
motion to approve the request and reverse the late fees noting that in the last BOE the board
adjusted the Barkley’s. Commissioner Herschend commented that they had come in to talk
about the current year; this request is for 2007 which is apples and oranges. Commissioner
Pennel stated that there was an error, the deed was missed the Barkley’s was that the basement
was put on for full value when it was only partially completed which is the same error.

Assessor Strahan stated that this case has nothing to do with the other one, that there was
no erroneous mistake; the deed came in after the deadline to do splits. Commissioner Herschend
commented that he was concerned that the Commission was changing their direction in what has
been done in the past and added that this case is for an employee. Commissioner Pennel noted
that he didn’t know that and that it was irrelevant.

Commissioner Strahan made a motion to deny the request. Commissioner Herschend
seconded the motion. The motion passed by vote: Pennel (no), Herschend (yes), Strahan (yes).

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PUBLIC COMMENT

Bob Schanz commented that with what has happened in India, does the county have any
plans for the county. Commissioner Pennel noted that it was a good idea however it was not a
Commission issue.

Justin Gage, Hollister Interchange spoke to the Commission regarding the presentation to
the public for the East West Corridor and the Event Center but had not prepared as there was
some confusion with him being placed on the agenda.

Commissioner Herschend stated that Mr. Preston had come to the Commission after
attending a meeting with you and gave us a copy of a speech you were going to start giving to
the public about sales tax, you have got documents from the engineer who we have stopped work
with and based on a design that the county hasn’t even approved.

Mr. Gage noted that he was set to give a presentation to the Commission but that his goal
today was to give the Commission a brief update on what was going on and then give a full
presentation at a later date. Commissioner Herschend asked if Mr. Gage’s funding was
depending on $500,000 from GCR and added that the speech that was given to Mr. Preston was
that you would receive money from both GCR and RBT.

Mr. Gage noted that it was just a draft of a speech. Commissioner Herschend asked if in
his speech was he making that announcement and had he come to the Commission to ask to
spend that money. Mr. Gage noted yes, he had obtained a copy of the budget and spoke with the
County Auditor, I don’t want to speculate. Commissioner Herschend added that that was his
concern that he speculated. I think that the East West Corridor is critical but how are we going
to pay for it, don’t know we haven’t gotten that far yet. Commissioner Herschend added that Mr.
Gage has made plans to spend someone else’s money but without their involvement in the
process.

Commissioner Pennel stated that is Mr. Gage has a plan that the Commission will hear it
and then the Commission will have to make a decision. Commissioner Herschend added that he
didn’t think Mr. Gage heard him; it is not his place to go to the public. Commissioner Strahan
stated that he would rather see Mr. Gage speak to all the Commission at once and added that any
tax brought before the people right now concerns him.

RECESS
10:59 a.m.

RECONVENE
1:28 p.m.

The County Commission reconvened with Chuck Pennel, Presiding and Ron Herschend,
Western Commissioner present.

FRANK PRESTON & TRESSA LUTTRELL
WORK SESSION

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

1. Minimum Flow: Mr. Preston informed the Commission that he would be reviewing the
document received by the Corps of Engineers for the Minimum Flow Environment
Impact Study.

2. Clevenger Cove: Mr. Preston discussed an issue involving property owners on Clevenger
Cove where the neighbors are demanding that right of way be given, which would be
right in a front yard or they are going to cut down some trees that are on the other side of
the property as a buffer.

Commissioner Herschend stated that the side road is not a county road but that the property
owner has been asked to give up 5 feet which would put the bumper of vehicle parked in front of

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his garage out in the roadway. If he doesn’t sign, the neighbors are going to cut down his trees.
Commissioner Herschend noted that the costs would be about $1,400. Commissioner Pennel
noted that it sounded like fixing the wall is of benefit to the county.

3. Combs Floor Covering: Ms. Luttrell noted that she had a bill from Combs Flooring for
carpet which was over $8,000; however the proper paperwork had not been done.
Commissioner Herschend made a motion to pay the bill for the carpet and to instruct
John Lavender that nothing is to be purchased without first going through Ms. Luttrell.
Commissioner Pennel seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (absent).

4. Board of Adjustment: Commissioner Pennel commented that the Board of Adjustment
was in need of an additional member and recommended David Nelson. Commissioner
Pennel made a motion to appoint David Nelson to the Board of Adjustment.
Commissioner Herschend seconded the motion. The motion passed by vote: Pennel
(yes), Herschend (yes), Strahan (absent).

GEORGE GERTH
SEWER ISSUE

George Gerth met with the Commission to discuss a sewer issue that could tie into the
Dam Site situation. Commissioner Herschend made a motion to ask Great River Engineering to
look at the cost of taking the sewer from Gerth’s plant to the road bore. Commissioner
Herschend noted that he thought the estimated engineering costs couldn’t be more than $2,000.
Commissioner Pennel asked where Commissioner Herschend was going, as he felt with the
discussion had, Mr. Gerth has an estimate of what it would take to connect.

DECEMBER 2, 2008 31ST DAY OF
THE OCTOBER ADJOURN TERM

The County Commission met in the Commission Office at 8:05 a.m. pursuant to adjourn
with all members present and the following proceedings were had and made a matter of record.

2009 BUDGET

The Taney County Commission met with Carol Davis; Public Administrator, Kevin
Tweedy; Coroner, Jimmie Russell; Sheriff, Wayne Dietrich; University Extension and Frank
Preston; Road & Bridge in preparation of the 2009 Budget.

DAY AFTER CHRISTMAS

Commissioner Herschend made a motion that the Courthouse remain open on 12/26/08 to
serve the public and that the County not create a new holiday just because of the way the
calendar falls. Motion died.

Commissioner Strahan made a motion to close the Courthouse on 12/26/08 in
consideration of travel. Commissioner Herschend commented that they would be traveling on
12/24/08 as well, should we close then too. Motion died.

2009 BUDGET
CONT

The Taney County Commission met with Carol Davis; Public Administrator, Kevin
Tweedy; Coroner, Jimmie Russell; Sheriff, Wayne Dietrich; University Extension and Frank
Preston; Road & Bridge in preparation of the 2009 Budget.

Commissioner Herschend made a motion to turn off the tape in order to discuss an issue.
Commissioner Strahan seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (yes).

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Commissioner Herschend made a motion to deny the request of the Sheriff to place the
Chief Deputy and Jail Administrator on salary as well as give a $5,000 increase for 2009.
Motion died.

DECEMBER 3, 2008 32ND DAY OF
THE OCTOBER ADJOURN TERM

The County Commission met in the Commission Office at 1:38 p.m. with Ron
Herschend, Western Commissioner and Danny Strahan, Eastern Commissioner present and the
following proceedings were had and made a matter of record.

TEMPORARY PRESIDING

Clerk Neeley appointed Commissioner Herschend temporary Presiding Commissioner
per statute.

JOHN SOUTEE
SEWER UPDATE

John Soutee, Sewer District Administrator met with the Commission to discuss various
issues.

1. Ozark Beach project: Mr. Soutee brought the Commission the recommendation from the
Sewer Board to accept the bid as offered by LS&C Development Services for the Ozark
Beach project for $6,725,593 with an alternate addition of $707,840 which may not be
necessary.

Commissioner Herschend made a motion to approve the recommendation of the board.
Commissioner Strahan seconded the motion but suggested calling Commissioner Pennel on the
phone.

Commissioner Pennel entered the meeting at 1:42 p.m.

Commissioner Pennel stated that this was not posted and should probably be posted for a
vote. Commissioner Herschend made a motion to table until the 4th at 2:00 p.m. noting that he
would not be available but was in support of the recommendation. Commissioner Strahan
seconded the motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

2. Holiday Hills project: Mr. Soutee brought the Commission the recommendation from the
sewer board to accept the bid as offered by Tom Boyce for the Holiday Hills project for
$181,838.01. Commissioner Herschend made a motion to approve the recommendation
of the board. Commissioner Strahan seconded the motion.

Commissioner Herschend noted his concern in that the next lowest bid was at $260,000.
Commissioner Herschend made a motion to table until the 4th at 2:00 p.m. with the same notation
as previous asking that change orders be watched carefully. Commissioner Pennel seconded the
motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

3. City of Forsyth: Mr. Soutee presented the Commission with a contract for the District to
purchase treatment capacity in the City’s wastewater treatment facility and to pay for its
proportionate share of the maintenance and operations of the City’s wastewater treatment
plant.

Mr. Soutee noted that the City and the board had approved and signed the agreement
however a signature page for the Commission is forthcoming. Commissioner Strahan made a
motion to table until the 4th at 2:00 p.m. Commissioner Pennel seconded the motion.
Commissioner Herschend commented that he is in favor of said agreement. The motion passed
by vote: Pennel (yes), Herschend (yes), Strahan (yes).

4. Rockaway Beach: Mr. Soutee informed the Commission that the Sewer Board had
approved a request from Rockaway Beach to utilize the City’s portion of the sales tax

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 TANEY COUNTY COMMISSION RECORD

monies to complete a section of sewer line that was previously planned for but never built
due to financial constraints. The City has been informed that they will need to appear
before the Commission for final approval.

Commissioner Pennel made a motion to table the issue until Rockaway schedules an
appointment. Commissioner Strahan seconded the motion. The motion passed by vote: Pennel
(yes), Herschend (yes), Strahan (yes).

5. Dam Site: Mr. Soutee brought a request from the Sewer Board for the Commission to
reconsider the Board’s recommendation of how to approach the Dam site Sewer Project.
Due to the fact that there are other properties in addition to the ten homes that are
currently generating wastewater that could pose a threat to the environmental integrity of
this area.

Commissioner Herschend stated that he believed the Commission needed to move
forward to get the ten homes off and for the Commission to stop and reconsider is costly.
Commissioner Strahan made a motion to table the issue. Commissioner Pennel seconded the
motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

SHEILA WYATT
PENALTIES/INTEREST ON SPLIT

Collector Wyatt met with the Commission to request that a 2006 real estate tax bill that
should have been split be waived the penalties and interest as they did not receive their tax
statements.

Collector Wyatt stated that a parcel was split out in 2006 which created new tax numbers.
The owners of those parcels paid their taxes in 2007 and it wasn’t until the tax sale in 2008 that
she discovered that the 2006 taxes hadn’t been paid but was in 2007. Commissioner Herschend
asked if the County was notified of the split. Collector Wyatt noted that the Assessor had been
but not her. Commissioner Strahan pointed out that in the sale of the property they would have
prorated the taxes and the new owner would be responsible. Assessor Strahan commented that
when this issue came up in 2006 we went to the Planning & Zoning Department and found that
Certificates of Completion had been issued which verified that we were right in assessing the
parcel. The problem came when the split happened.

Commissioner Strahan stated that he didn’t understand how we got into this mess. After
a lengthy discussion Commissioner Herschend made a motion to table the issue until Counselor
Paulson could have some input as he had shared some information that the Commission will
want to hear. Commissioner Strahan noted that he didn’t buy what had happened and seconded
the motion.

Collector Wyatt stated that if the Commission wanted to say that she was negligent for
not putting it on the tax sale, fine but because of recent court cases it would not hold up in court
and these people didn’t get a tax bill. The motion passed by vote: Pennel (yes), Herschend
(yes), Strahan (yes).

JOHN LAVENDER
MAINTENANCE UPDATE

John Lavender, Maintenance Supervisor met with the Commission to give an update
regarding maintenance issues.

1. Judicial Locks: Mr. Lavender noted that there were still 27 locks that were missing and
some of those are located at the chase ways in the jail pods. Mr. Lavender added that he
was just getting the run-around.

Commissioner Herschend telephoned Rick Quint from Walton Construction to discuss
the issue and it was agreed that Mr. Quint would be at the next update meeting.

2. Parking Lot: Mr. Lavender noted that there were some problems with the grade at the
new parking lot. The lot will be shot again tomorrow. The Commission contacted Mike
Smith with Septagon Construction who indicated he would try to be on location.

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DECEMBER 4, 2008 33RD DAY OF
THE OCTOBER ADJOURN TERM

The County Commission met at the Hollister City Hall at 8:00 a.m. pursuant to adjourn
with all members present and the following proceedings were had and made a matter of record.

EAST / WEST CORRIDOR
JUSTIN GAGE

The County Commission was given a presentation by Justin Gage regarding the East /
West Corridor and the Event Center.

Mr. Gage gave a detailed presentation highlighting the following points:

• They have traveled to 8 different sights that were comparable to our size and budget of
project on event center
• There are two projects
• Need to determine the method of financing
• Asked for an open mind
• The goal is to find out where the County’s part of this project is
• Have entertained dialog with approximately 3,000 residents and employ over 400
employees
• If the public doesn’t want this they will let us know
• Layout 9 from EFK Moen is economically and financially a good choice – 24 million
• 50% of the heavy water infrastructure has already been done for housing and business
growth
• Huge plus for the school system alone to divert traffic off of BB
• Life Safety issues
• 7,000 cars diverted everyday not counting 5-10 years from now
• 1,500 home can be built minimally

Commissioner Herschend commented that he was concerned knowing that two of the
Commissioners were going to be leaving within 45 minutes and Mr. Gage hasn’t talked about the
convention center.

Mr. Gage made the following points:

• 35 million Event Center with 75,000 seats and 140 events in a year
• Already have the pipeline to get people here with the new 65 enterchange
• 15 years would bring in 500 million in tax
• None of us want to operate an event center and would recommend SMG
• 1,000 construction jobs for 14 months
• Stimulate ½ million new visitors with a new entertainment for Branson
• The waterpark is complementary of the event center and vice versa
• Tax initiative to fund

Auditor Findley noted that he thought Mr. Gage had over estimated the county’s funding
as GCR may be able to support $500,000 a year but R&B already has too many commitments.
The projects should stand alone or cut back. Both are good ideas but government shouldn’t be
involved with an event center. Mr. Gage noted that he did not want to be the first privately
owned event center as it is not as equitable as those that are county owned.

Mr. Gage gave additional comments:

• They have been working with Mr. Nixon and his staff and there is some talk of federal
dollars
• The property that we are donating is appraised at 9 million

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 TANEY COUNTY COMMISSION RECORD

It was agreed that the group should come together and have a plan before going to the
public. Another meeting will be scheduled.

RECONVENE
2:00 p.m.

The County Commission reconvened via telephone at 2:00 p.m.

OZARK BEACH PROJECT

Commissioner Pennel made a motion to approve the recommendation of the sewer board
for the Ozark Beach project. Commissioner Strahan seconded the motion. The motion passed.

HOLIDAY HILLS PROJECT

Commissioner Pennel made a motion to approve the recommendation of the sewer board
for the Holiday Hills project. Commissioner Strahan seconded the motion. The motion passed.

CITY OF FORSYTH
WASTER WATER AGREEMENT

Commissioner Pennel made a motion to approve the agreement for waster water
treatment with the City of Forsyth. Commissioner Strahan seconded the motion. The motion
passed.

DECEMBER 8, 2008 34th DAY OF
THE OCTOBER ADJOURN TERM

The County Commission met in the County Commission Hearing Room at 9:05 a.m. with
Chuck Pennel, Presiding, and Ron Herschend, Western Commissioner, 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 Pennel made a motion to approve accounts payable warrants #307248
through #307363, excluding #307323, and manual warrants #4929 through 4932. Commissioner
Herschend seconded the motion.

Commissioner Pennel revised his motion to include additional warrants for Road &
Bridge, Transfer Station and Sewer Departments referencing administrative fees. Commissioner
Herschend seconded the motion. The motion passed by vote: Pennel (yes), Herschend (yes),
Strahan (absent).

PRIOR MINUTES

Commissioner Herschend made a motion to approve prior Commission Minutes dated
11/10/2008, 11/13/2008, 11/14/2008, 11/17/2008, 11/18/2008, 11/19/2008, 11/20/2008, 11/26,
12/1/2008, 12/2/2008, 12/3/2008 and 12/4/2008 with noted corrections. Commissioner Pennel
seconded the motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan
(absent).

DAM-SITE
PROJECT

Mr. John Soutee, Taney County Regional Sewer District’s Administrator, appeared
before the Commission, in representation of the Sewer Board, to request the Commission to
reconsider their recommendation on how to approach the Dam-Site Project. Mr. Soutee noted

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the Sewer Board’s recommendation was to provide sewer to Hillbilly Country Motel and to
provide a gravity sewer line to the Gerth property line, as it would require a larger pump station.

According to the Sewer Board, this project is ranked number one (1) in the county’s
wastewater master plan projects under $1,000,000.00.

Commissioner Pennel noted he was in favor of the recommendation, which was
submitted by the Sewer Board. Commissioner Herschend noted several concerns, including
doubling the cost of the lift station by taking the 10 homes off, sales tax dollars being used to
take commercials businesses off the line and questioned why the smaller project, which had
already been approved, of $86,000.00 is taking so much time.

Mr. Soutee noted the lift station as questionable and stated it doesn’t have the holding
capacity without hauling on a daily basis. A general discussed ensued.

Commissioner Pennel made a motion to approve the larger project as recommended by
the Sewer Board. Motion died for lack of being seconded.

The Commission noted to proceed with small project, as earlier recommended.

MONTHLY BUDGET REPORTS

Mr. Rick Findley, County Auditor, presented the Commission with monthly budget
reports and requested for them to be recorded into the minutes, they read as follows:

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 TANEY COUNTY COMMISSION RECORD

FUNDBALANCE TANEY COUNTY
11/30/08 BUDGET
FUND BALANCES

PERIOD TO YEAR TO
DATE DATE
ACTUAL ACTUAL

GENERAL COUNTY REVENUE
BEGINNING BALANCE $0.00 $18,628,344.77
REVENUES 832,563.01 14,205,429.53
- -
TOTAL REVENUES GCR 832,563.01 32,833,774.30
- -
TOTAL GCR EXPENDITURES 1,374,790.82 19,482,434.47
= =
TOTAL GCR FUND BALANCE (542,227.81) 13,351,339.83

ROAD & BRIDGE
BEGINNING BALANCE 0.00 7,004,998.91
REVENUES 99,499.08 1,299,151.01
- -
TOTAL RB REVENUES 99,499.08 8,304,149.92
- -
EXPENDITURES 269,901.91 5,605,679.22
= =
TOTAL RB FUND BALANCE (170,402.83) 2,698,470.70

ROAD & BRIDGE TRUST
BEGINNING BALANCE 0.00 3,693,493.95
REVENUES 420,941.11 6,765,579.53
- -
TOTAL RBT REVENUES 420,941.11 10,459,073.48
- -
EXPENDITURES 373,528.85 7,504,377.31
= =
TOTAL RBT FUND BALANCE 47,412.26 2,954,696.17

ASSESSMENT FUND
BEGINNING BALANCE 0.00 3,099.75
REVENUES 45,926.99 571,781.21
- -
TOTAL AF REVENUES 45,926.99 574,880.96
- -
EXPENDITURES 45,343.32 574,297.28
= =
TOTAL ASSEMENT FUND BALANCE 583.67 583.68

ELECTION FUND
BEGINNING BALANCE 0.00 31,698.41

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 TANEY COUNTY COMMISSION RECORD
REVENUES 138.62 12,713.24
- -
TOTAL ELECTION REVENUES 138.62 44,411.65
- -
EXPENDITURES 795.77 13,970.61
= =
TOTAL ELECTION FUND BALANCE (657.15) 30,441.04

TRANSFER STATION FUND
BEGINNING BALANCE 0.00 747,493.99
REVENUES 62,010.88 1,042,305.45
- -
TOTAL TS REVENUES 62,010.88 1,789,799.44
- -
EXPENDITURES 65,015.20 1,052,463.89
= =
TOTAL TS FUND BALANCE (3,004.32) 737,335.55

FUNDBALANCE TANEY COUNTY
11/30/08 BUDGET
FUND BALANCES

PERIOD TO YEAR TO
DATE DATE
ACTUAL ACTUAL

LEPC FUND
BEGINNING BALANCE $0.00 $11,839.45
REVENUES 29.72 2,021.99
- -
TOTAL LEPC REVENUES 29.72 13,861.44
- -
EXPENDITURES 183.57 4,914.88
= =
TOTAL LEPC FUND BALANCE (153.85) 8,946.56

LAW ENFORCEMENT TRAINING FUND
BEGINNING BALANCE 0.00 3,608.14
REVENUES 468.19 4,599.92
- -
TOTAL LET REVENUES 468.19 8,208.06
- -
EXPENDITURES 250.00 5,482.71
= =
TOTAL LET FUND BALANCE 218.19 2,725.35

PROSECUTING ATTORNEY TRAINING FUND
BEGINNING BALANCE 0.00 6,364.77
REVENUES 136.96 1,389.30
- -
TOTAL PAT REVENUES 136.96 7,754.07
- -
EXPENDITURES 463.32 1,873.20
= =
TOTAL PAT FUND BALANCE (326.36) 5,880.87

COUNTY INSURED FUND
BEGINNING BALANCE 0.00 96,313.14
REVENUES 106.49 3,574.13
- -
TOTAL COUNTY INSURED REVENUES 106.49 99,887.27
- -
EXPENDITURES 8,424.21 75,596.80

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 TANEY COUNTY COMMISSION RECORD
= =
TOTAL COUNTY INSURED FUND BALANCE (8,317.72) 24,290.47

911 FUND
BEGINNING BALANCE 0.00 1,099,556.88
REVENUES 45,284.68 505,324.78
- -
TOTAL 911 REVENUES 45,284.68 1,604,881.66
- -
EXPENDITURES 15,285.27 671,368.80
= =
TOTAL 911 FUND BALANCE 29,999.41 933,512.86

USE TAX

FUNDBALANCE TANEY COUNTY
11/30/08 BUDGET
FUND BALANCES

PERIOD TO YEAR TO
DATE DATE
ACTUAL ACTUAL

SEWER FUND
BEGINNING BALANCE $0.00 $23,082,218.45
REVENUES 499,055.08 11,787,956.45
- -
TOTAL SEWER REVENUES 499,055.08 34,870,174.90
- -
EXPENDITURES 268,872.73 6,876,190.61
= =
TOTAL SEWER FUND BALANCE 230,182.35 27,993,984.29

SEWER DESIGNATED FUND
EXPENDITURES

= =
TOTAL ALL SEWER FUNDS 230,182.35 27,993,984.29
= =

SHERIFF CIVIL FUND
BEGINNING BALANCE 0.00 97,171.17
REVENUES 430.81 61,609.25
- -
TOTAL SHERIFF CIVIL REVENUES 430.81 158,780.42
- -
EXPENDITURES (747.84) 25,689.92
= =
TOTAL SHERIFF CIVIL FUND BALANCE 1,178.65 133,090.50

TAX MAINTENANCE FUND
BEGINNING BALANCE 0.00 111,445.25
REVENUES 2,319.96 97,155.54
- -
TOTAL MAINTENANCE FUND REVENUES 2,319.96 208,600.79
- -
EXPENDITURES 179.98 90,155.57
= =
TOTAL MAINTENANCE FUND BALANCE 2,139.98 118,445.22

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 TANEY COUNTY COMMISSION RECORD

RECESS
9:40 a.m.

Minutes taken and typed by Nikki Lawrence.

OZONE ISSUES

Doug Neidigh, Michelle Garand and Dave Woolery met with the Commission to discuss
ways to preserve air quality while retaining growth. Mr. Neidigh commented that the DNR has
done an evaluation and the EPA did their study in the spring. Mr. Neidigh added that Taney
County is grouped with Stone County, Christian County and Greene County.

Mr. Neidigh presented a sample document that outlined areas that need to be addressed as
well as possible solutions to the problems. Commissioner Herschend stated that he remained
skeptical, as the problem is that the monitoring stations are not in Taney County they would be
located in Greene County, but Taney County is in the calculations for the Ozone levels.
Commissioner Herschend added that Taney County’s problem is tourism and the number of cars
coming here. Not sure the effort is worth the monitoring.

After a brief discussion Ms. Garand stated that they would like to have a letter of support
and if the Commission would review the draft document and respond with any comments would
be beneficial. Commissioner Pennel made a motion to send a support letter. Commissioner
Herschend seconded the motion. The motion passed by vote: Pennel (yes), Herschend (yes),
Strahan (absent).

RECESS
12:15 p.m.

RECONVENE
1:15 p.m.

EXECUTIVE SESSION

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

Commissioner Herschend made a motion that for the week of December 1 through the
5th, Counselor Paulson receive bereavement leave and for the week of December 8 through the
12th be used as vacation time. Commissioner Pennel seconded the motion. The motion passed
by vote: Pennel (yes), Herschend (yes), Strahan (absent).

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

DAY AFTER CHRISTMAS

Commissioner Pennel made a motion to take the day after Christmas as a paid holiday.
Commissioner Herschend stated that he would not second that motion adding that in a year
where we are looking for money, he would like to use those funds for raises.

2009 BUDGET

The County Commission worked on the preparation of the 2009 R&B and R&BT budget.

GROUNDBREAKING CEREMONY
FOR TANEY COUNTY AIRPORT HANGAR

The Commission attended a Ribbon Cutting at the Taney County Airport for the
unveiling of the new hangar addition.

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DECEMBER 9, 2008 35th DAY OF
THE OCTOBER ADJOURN TERM

The County Commission met in First Community Bank Parking Lot in Forsyth at 10:30
a.m. pursuant to adjourn with all members present and the following proceedings were had and
made a matter of record.

WHITE RIVER VALLEY HISTORICAL SOCIETY
PRESS CONFERENCE

The Commission attended the White River Valley Historical Society Press Conference
who received a donation of property from First Community Bank and the Hall family.

Minutes were typed by Nikki Lawrence.

RECONVENE
1:10 p.m.

The County Commission reconvened in the Commission Office at 1:10 p.m. with Chuck
Pennel, Presiding and Danny Strahan, Eastern Commissioner present.

SEPTAGON CONSTRUCTION
MONTHLY UPDATE

The County Commission had the monthly update meeting with Septagon Construction on
the Judicial Facility. Mike Smith presented the Commission with documents needing signatures
noting substantial completion.

Commissioner Pennel asked if Mr. Smith thought that we were substantially completed.
Mr. Smith noted yes. Commissioner Pennel made a motion to approve the signing of the
Certificates of Substantial Completion with Kennedy Contractors, Tindall, Markham, Swager
and Pre-Stressed. Commissioner Strahan asked if this was the recommendation of Septagon.
Mr. Smith again stated yes. Commissioner Strahan seconded the motion. The motion passed by
vote: Pennel (yes), Herschend (absent), Strahan (yes).

A discussion regarding various issues still outstanding ensued. The Commission agreed
to schedule another meeting as soon as possible to discuss liquidated damages with Walton
Construction since Commissioner Herschend had made previous phone calls to Mr. Quint with
Walton, but was not present for the current meeting.

DECEMBER 10, 2008 36th DAY OF
THE OCTOBER ADJOURN TERM

The County Commission met in the Commission Conference Room at 8:00 a.m. pursuant
to adjourn with all members present and the following proceeding were had and made a matter of
record.

2009 BUDGET

The Taney County Commission met with Jeff Merrell; Prosecutor and Donna Neeley;
County Clerk in preparation of the 2009 Budget.

PAYROLL

Commissioner Herschend made a motion to approve the following payroll warrants:

General County Revenue: #105198 through #105218

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Road & Bridge: #105171 through #105191

Assessment Fund: #105192 through #105193

Transfer Station: #105194 through #105196

911 Administration: #105197

Accounts Payable warrants #307384 through #307398, manual warrants #4933, #4944.

Commissioner Strahan seconded the motion. The motion passed.

ADDITIONAL HOLIDAY

Commissioner Pennel made a motion to make the day after Christmas, December 26,
2009, a county paid holiday. Commissioner Strahan seconded the motion. The motion passed.

Minutes were taken by Nikki Lawrence.

DECEMBER 11. 2008 37th DAY OF
THE OCTOBER ADJOURN TERM

The County Commission met at the Branson Regional Airport at 9:30 a.m. pursuant with
all members present and the following proceedings were had and made a matter of record.

PRESS RELEASE
BRANSON REGIONAL AIRPORT

The County Commission attended a press release at the Branson Regional Airport. Tad
Hutcheson, Air Tran’s Marketing and Sales Vice President, announced Air Tran was the new air
carrier for Branson Regional Airport.

RECESS
10:30 a.m.

RECONVENE
2:00 p.m.

CASEY ROAD
CONTRACT RETENTION

Mr. Frank Preston, Road & Bridge Administrator, stated the only dollar figure he could
find during his investigation was $20,000.00, which was paid to the Degraffenreid’s for
damages. He also noted there were numerous inconveniences experienced by the property
owners during the course of the project.

Mr. Spencer Jones, Great River Engineering, communicated to Mr. Preston in an earlier
conversation that Herion Construction had a partial monetary obligation, for the removal of the
Degraffenreid’s trees.

Commissioner Strahan made a motion to release half of the retention of $128,000 to
Herion Construction and the remaining half would be held until a settlement was reached on the
Degraffenreid property and any other projects deemed by the Commission as a violation of the
contract.

A general discussion ensued. Motion died for lack of being seconded.

Commissioner Herschend made a motion to have Mr. Preston send Herion Construction a letter
stating the Commission was ready to release all retainage and with their concurrence, the county
will deduct $20,000.00 for the damages incurred on the Degraffenreid property, for a total of

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$108,000. Commissioner Strahan seconded the motion. The motion passed by vote: Pennel
(yes), Herschend (yes), Strahan (yes).

FRANK PRESTON
CONTINUED WORKSESSION
FROM MONDAY, DECEMBER 8th

Frank Preston, Road & Bridge Administrator met with the Commission to discuss various
issues.

1. Corp of Engineers Roads: Mr. Preston discussed his review of Corp of Engineers roads
and presented a letter, which he had received from the Corp of Engineers, referencing
several roads within the county.

Commissioner Pennel noted the document only mentioned fixing Slough Hollow Road. Mr.
Frank Preston, Road & Bridge Administrator, commented the document addressed over one
hundred (100) roads within the county. Commissioner Strahan noted the Corp of Engineers had
the documentation, which initially they denied having in their possession, referencing many
county roads.

2. Church Parking Lot: Mr. Preston stated the parking lot is currently being striped by
Springfield Striping. He also noted Pastor Winzenried was extremely pleased with it all.

3. Judicial Parking Lot: Mr. Preston discussed drainage issues and dirt work concerns
referencing the parking lot. He also noted the Commission had been put on notice by
Septagon Construction concerning a safety issue with the sidewalks, next to the island
areas, being above grade.

The Commission concurred that it is the responsibility of Road & Bridge to create a positive
flow in the dirt so a base may be laid, which will need to be addressed as soon as possible, in
addition to placing webbed fencing around the island areas as soon as possible and for Road &
Bridge to work on those areas as they can.

4. Projector: Mr. Preston noted the projector has been installed in the County Commission
Hearing Room and that training will be held sometime next week to ensure departments
that use the machine, are properly informed how to use it.

5. River Run Road: Mr. Preston informed the Commission he had been presented with a
request to grade River Run Road. He noted the road is located on the far side of
Powersite Dam and due to previous storms; it has a layer of mud on it.

Commissioner Strahan made a motion to grade River Run Road. A general discussion ensued.
Motion died for lack of being seconded.

Commissioner Pennel made a motion to assign Commissioner Strahan to contact Mr. John Hiser,
Corp of Engineer, referencing River Run Road, which the county would take over maintenance
beginning at the end of the park campground to the end of the road. Commissioner Herschend
seconded the motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

6. Road Standards: Mr. Preston stated he had the final draft ready for the Commission to
approve. He scheduled it for Friday, December 19th at 11:00 a.m.

7. Snow Rodeo: Road & Bridge will be holding their annual Snow Rodeo on Friday,
December 12th.

COMMISSIONER HERSCHEND

Commissioner Herschend noted that he would like to set up a meeting with Mr. Rick
Zigenfuss, City of Hollister, and the Commission to discuss the East/West Corridor.

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RECESS

Commissioner Strahan made a motion to recess. Commissioner Pennel seconded the
motion. The motion passed.

Minutes were typed by Nikki Lawrence.

DECEMBER 15, 2008 38th DAY OF
THE OCTOBER ADJOURN 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 Commissioner Pennel followed by the pledge.

ACCOUNTS ALLOWED

Commissioner Pennel made a motion to approve accounts payable warrants #307364 -
#307528 and manual warrants #4935 – 4936. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (abstain).

Commissioner Pennel made a motion to approve accounts payable warrant #307323, a
reimbursement that was tabled last week. Commissioner Strahan seconded the motion. The
motion passed by vote: Pennel (yes), Herschend (abstain), Strahan (yes).

JOURNAL ENTRIES

Commissioner Herschend made a motion to approve a journal entry for the Judicial
Facility, in the amount of $14,342.95, for work that was performed by the Road & Bridge
Department, which needs to be reimbursed back to their budget. Commissioner Strahan
seconded the motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

PRIOR MINUTES

Commissioner Pennel made a motion to approve prior Commission Minutes dated
12/8/2008, 12/9/2008 and 12/10/2008. Commissioner Herschend seconded the motion. The
motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

LONG-TERM RECOVERY
COMMITTEE

Mr. Richard Jones, Disaster Specialist, came before the Commission requesting the use
of a room within the courthouse to meet with clients. He stated that Red Cross has requested
specialists to meet with clients in a private setting.

The Commission agreed to allow Mr. Jones to meet with his clients in a private setting,
within the Taney County Courthouse. Commissioner Herschend noted that someone would have
to get back in touch with him over the next several days as to which room would be available.

MR. NATHAN BURTON
PROPERTY TAXES

Ms. Kari Walden, Styron & Schilling Law Firm, appeared before the Commission
representing Mr. Nathan Burton. She stated Mr. Burton would like to appeal tax assessments on
what used to be eight (8) parcels of land and now has been combined into one (1) parcel. She
submitted an affidavit, as well as a legal memorandum, which read as follows:

1. I submit this Affidavit to show good cause for not having attended the county board of equalization for the
purpose of correcting the errors and defects in the tax assessment on parcels 09-3.0-05-000-000-033.001
through 09-3.0-05-000-000-033.008 and 09-3.0-05-000-000-033.012.

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 TANEY COUNTY COMMISSION RECORD
2. I make these statements based on my personal knowledge or upon review of publicly available documents.
3. On November 8, 2006, I purchased the property described on the warranty deed attached as Exhibit A from
Nearon-Doyas Properties, LLC and Nearon Enterprises, LLC.
4. In 2007 I received only one tax notice, which is attached as Exhibit B, associated with the property
described on Exhibit A, which referenced parcel number 09-3.0-05-000-000-033.012.
5. The 2007 tax notice shown on Exhibit B described the parcel as containing 33.55 acres and was classified
as both residential and agriculture.
6. I believed the 2007 tax notice to contain the entire tract of land purchased on November 8, 2006 so I made
no further inquiry into the property taxes due and paid the full amount shown on Exhibit B in a timely
manner.
7. On or about December 8, 2008 I received a notice of property taxes due on the parcel known as 09-3.0-05-
000-000-033.001 in the amount of $7,622.84 for tax year 2008.
8. I had never received a notice associated with parcel 09.3.0-05-000-000-033.001.
9. On or about December 9, 2008 I made contact with the Taney County Collector and the Taney County
Assessor to discuss the taxes associated with parcel ending in 001.
10. The Assessor and Collector informed me that the parcel ending in 012 did not contain all property
purchased and 2007 taxes were delinquent for additional parcels known as 09-3.0-05-000-000-033.001
through parcel 09-3.0-05-000-000-033.008, copies of such notices for tax years 2006 and 2007 are attached
as Exhibit C collectively.
11. While discussing the matter with the Collector and Assessor, I discovered that the 2007 tax notices for the
parcels ending in 001 through 006 and 008 were sent to Nearon-Doyas Properties LLC, 500 La Gonda
Way, Ste 210, Danville, CA 94526.
12. I attempted to go before the Taney County Board of Equalization during the week of December 8, 2008 but
was denied hearing.

Further affiant sayeth not.

Nathan Burton

In the matter of Nathan Burton, Property Parcel Numbers
Property formerly known as 09-3.0-05-000-000-033.001, 09-3.0-05-000-000-033.002,
Ozarks Prime Resort 09-3.0-05-000-000-033.003, 09-3.0-05-000-000-033.004,
09-3.0-05-000-000-033.005, 09-3.0-05-000-000-033.006,
09-3.0-05-000-000-033.007, 09-3.0-05-000-000-033.008
And 09-3.0-05-000-000-033.012

Taxpayers’ Legal Memorandum

Issues:

What effect does the termination of a condominium under RSMo 488.2-118 have upon the condominium unit
parcels and the associate tax assessments under 448.1-105.1?

Can the use classification of a unit be changed after a condominium is terminated?

Does the Assessor have a duty to inspect records and discover a change in the form of ownership of property, i.e.
condominium?

Facts:

The parcels listed above as 001 through 008 were associated with the units and common elements of Ozarks Prime
Resort (Exhibit A).

Ozarks Prime Resort was a condominium formed under the Missouri Uniform Condominium Act, Chapter 448.

The condominium, Ozark Prime Resort, was terminated under RSMo 448.2-118 on July 29, 2005 according to the
Agreement for Termination recorded as Document Number 2005L38904 in the Office of the Taney County
Recorder (Exhibit B).

The real estate where Ozarks Prime Resort was located was sold by Nearon-Doyas Properties, LLC and Nearon
Enterprises, LLC to Nathan Burton on November 8, 2006 as described and shown on the Warranty Deed recorded as
document Number 2006L60371 in the Office of the Taney County Recorder (Exhibit C).

Mr. Burton received only one tax notice and paid the taxes associated with the property he purchased in 2007, which
referenced parcel 09-3.0-05-000-000-033.012 (Exhibit D).

No other tax statements have been sent to Mr. Burton until Mr. Burton received the 2008 tax statements for parcels
09-3.0-05-000-000-033.001 and 09-3.0-05-000-000-033.012 (Exhibit E).

Upon receipt of the 2008 tax statements, Mr. Burton attempted to go before the Taney County Board of Equalization
but was unable to obtain a decision.

Statutes:

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 TANEY COUNTY COMMISSION RECORD
The Missouri Uniform Condominium Act, §448.1-105.1 RSMo, provides that “each unit which has been created,
together with its interest in the common elements, constitutes for all purposes a separate parcel of real estate.”

Section 448.2-118 RSMo indicates that a condominium may be terminated by agreement of the unit owners by
recording such agreement in the county where the condominium is located and upon termination the title to all the
real estate in the condominium vests in the unit owners as tenants in common in proportion to their respective
interests in their units, the limited common elements and the common elements.

Section 137.016.1(1) RSMo defines residential property, as “all real property improved by a structure which is used
or intended to be used for residential living by human occupants, vacant land in connection with an airport, land
used as a golf course, and manufactured home parks, but residential property shall not include other similar facilities
used primarily for transient housing. For the purposes of this section, “transient housing” means all rooms available
for rent or lease for which the receipts from the rent or lease of such rooms are subject to state sales tax pursuant to
Section 144.020.1(6), RSMo.”

Section 137.016.1(3) RSMo defines commercial property as “all property used directly or indirectly, for any
commercial, mining, industrial, manufacturing, trade, professional, business, or similar purpose…”

Section 137.180.1 RSMo requires that “whenever any assessor shall increase the valuation of any real property he
shall forthwith notify the record owner of such increase, either in person, or by mail directed to the last known
address…”

Section 137.375.1 RSMo requires the assessor to verify by affidavit that he has “made diligent efforts to ascertain all
the taxable property being or situate on the first day of January last past, in the county of which he is the assessor;
that, so far as he has been able to ascertain the same, it is correctly set forth…”

Argument:

Mr. Burton should be granted the following relief by the Taney County Commission as allowed under Section
137.270 RSMo:
1) The classification of the parcels ending in 001 through 008 should be changed from commercial to
residential;
2) All assessed taxes and all fines and penalties associated with the 2007 tax year for the parcels ending in 001
through 008 should be abated; and
3) The classification of the parcel ending in 001 for the tax year 2008 should be changed from commercial to
residential.

The tax assessments on the parcels ending in 001 through 008 for the tax year 2007 should be reclassified as and all
fines and penalties associated with those parcels should be removed. Section §448.1-105 RSMo defines each unit in
a condominium (with its share of the common elements) as a separate tax parcel. The converse is true when a
condominium is terminated according to §448.2-118.1 and all unit owners become owners of the underlying real
estate as tenants in common.

The former condominium, Ozarks Prime Resort, was terminated on July 29, 2005 upon the recording of the
Agreement for Termination signed by more than eighty percent of the record owners of the units in the
condominium. Once the condominium was terminated, the tax parcels associated with the condominium units
should have been combined to create one parcel, with multiple owners as tenants in common. The Assessor had
notice of this change in form of ownership because the document was recorded on July 29, 2005 and with such
notice the Assessor should have merged the parcels and reassessed the parcel as a tract with multiple owners as a
tenant in common beginning in tax year 2006.

In 2006, the parcels ending in 001 through 008 were assessed separately as residential units even though the
condominium had terminated. The parcels ending in 001 through 008 should have been merged to form one parcel
for the tax year 2006 but because the notices for all the parcels mentioned above were sent to the same address, this
failure to merge the parcels and assess the real estate as one parcel did not create a notice problem.

In 2007, seventeen months after the condominium terminated, the Assessor reassessed the units as commercial after
allegedly sending a notice to the record owner asking for an indication as to whether or not the units were used for
nightly rentals. Mr. Burton was the record owner in 2007 and received no notification of reassessment or
communication regarding the use of the property. At the time of the reassessment in 2007 the buildings were vacant
and the condominium units no longer existed.

In 2007 the notice of tax due for the parcels ending in 001 through 008 were sent to Nearon-Doyas Properties, LLC
and Nearon Enterprises, LLC and no notice was sent to Mr. Burton even though he had become the record title
holder on November 14, 2006. According to RSMo 137.375.1 the Assessor is to swear that he has assessed the
property as of January 1 in the year of taxation. Mr. Burton was the title holder to the property for 46 days in 2006
and he received no notice of the taxation, nor did he receive a notice of an increase in taxes as required by Section
137.180.1 RSMo.

The only tax notice Mr. Burton received in 2007 was for the parcel ending in 012. This parcel described a 33.55
acre tract and was classified as residential and agriculture. Believing this to be the entire tract he had purchased in
2006, Mr. Burton paid the taxes and made mo further inquiry as to real property taxes for that parcel.

It was not until Mr. Burton received the 2008 tax notice showing taxes in the amount of $7,622.84 due on the parcel
ending in 001. At the time of the receipt of this notice, Mr. Burton contacted the Taney County Assessor and

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 TANEY COUNTY COMMISSION RECORD
Collector who notified him that the taxes were delinquent on parcels ending in 001 through 008 for tax year 2007
and that those parcels had been merged to form one parcel for the tax year 2008. At that time Mr. Burton contacted
the Taney County Board of Equalization (BOE) regarding the assessment but after discussing the matter, the BOE
decided not to hear the matter.

For the above reasons, the taxes associated with the parcels ending in 001 through 008 should be abated for tax year
2007 and the classification of the merged parcel now known as 09-3.0-05-000-000-033.001 should be changed to
residential rather than commercial.

Kari Walden, MoBar 60060
Styron & Shilling
P.O. Box 7297
Branson, Missouri 65616
Tel. 417.334.4455
Fax. 417.336.3131
kw@styronlaw.com

Commissioner Pennel requested an opinion from Counselor Paulson. Counselor Paulson
noted that he would have to review all information to give an accurate opinion.

A general discussion ensued between Ms. Walden and Counselor Paulson.
Commissioner Herschend made a motion to table and allow Counselor Paulson to review all
information and make a recommendation. Commissioner Strahan seconded the motion. The
motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

RURAL MISSOURI WORKMAN’S COMPENSATION
MEMBERSHIP AGREEMENT

Commissioner Pennel stated the Rural Missouri Workman’s Compensation Membership
Agreement is presented annually at a cost of $400.00.

Counselor Paulson commented he is ok with it as long as the county attaches a
certification by the County Auditor and a signatory attestation by the County Clerk.

Commissioner Pennel made a motion to follow forth with the Agreement, including the
signature page indicated by Counselor Paulson. Motion died for lack of being seconded. A
general discussion ensued.

Commissioner Pennel made a motion to table for a five (5) minutes recess.
Commissioner Strahan seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (yes).
RECESS
9:50 a.m.

RECONVENE
9:55 a.m.

COMMISSIONER STRAHAN

Commissioner Strahan discussed when important decisions are brought before the
Commission that all Commissioners should be present.

CHRISTMAS HOLIDAY

Commissioner Pennel announced the closing of the Taney County Courthouse on Friday,
December 26th. He also noted several nearby counties would be closed, in addition to state
offices.

SHEILA WYATT
PENALTIES/INTEREST ON SPLIT

Ms. Sheila Wyatt, County Collector, requested that a 2006 real estate tax bill that should
have been split be waived the penalties and interest as they did not receive their tax statements,
which was tabled from earlier in the month.

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 TANEY COUNTY COMMISSION RECORD

Commissioner Pennel made a motion to follow the request as submitted by Collector
Wyatt. Motion died for lack of being seconded.

A general discussion ensued. Collector Wyatt urged the Commission to make a decision,
as her office could not proceed forward until a directive is given.

Commissioner Strahan asked Counselor Paulson for an opinion; referencing Senate Bill
711 and which decision would be legal to make. Counselor Paulson stated Senate Bill 711
modifies provisions regarding property taxation and noted he would have to look into Senate Bill
711, but generally laws are not retroactive.

A general discussion ensued.

RURAL MISSOURI WORKMAN’S COMPENSATION
MEMBERSHIP AGREEMENT

Commissioner Pennel made a motion to table until this afternoon, as the Commission was
waiting on information from the Auditor’s Office. Commissioner Herschend seconded the
motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

RECESS
10:48 a.m.

Minutes were taken and typed by Nikki Lawrence.

RECONVENE
11:00 a.m.

GRANT FUNDING

Mr. Sean Barnwell, City of Branson Police Department, discussed a Silent Dispatching
Project with the Commission. He stated the project was in need of federal funding for the second
year and requested a letter of support from the Commission sent to our State Representatives.

Sheriff Russell stated that the Silent Dispatching would enable officers to gather
information over the computer without it being announced across the scanner. A general
discussion ensued.

Commissioner Herschend moved for the Commission to actively pursue the second year
of funding for the Silent Dispatching Project, contingent upon the hardware installed in all
emergency vehicles countywide. Commissioner Strahan seconded the motion. The motion
passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

RECESS
11:17 a.m.

RECONVENE
1:00 p.m.

It shall be noted that Commissioner Herschend was not present at the start of this meeting.

SEPTAGON & WALTON CONSTRUCTION

The Commission, along with representatives from Septagon Construction, Walton
Construction and HMN Architects, discussed issues concerning the parking lot at the Judicial
Facility, as well as granite for the landing and stairs, liquidated damages and the sound system.

It should be noted that Commissioner Herschend entered the meeting at 1:25 p.m.

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 TANEY COUNTY COMMISSION RECORD

Commissioner Strahan directed Mike Smith, Septagon Construction, and Steve Davis,
HMN Architects, to view the parking area and present recommendations on the areas of concern
to the Commission.

An update referencing the granite finish for the stairs and landing, was given by Mr.
Davis, HMN Architects, who also noted that HMN would cover half the cost.

Commissioner Strahan made a motion to pay $400.00 extra, if needed, to have work done
on the weekend to correct problems with the granite floor in the Judicial Facility. Commissioner
Herschend seconded the motion. The motion passed by vote: Pennel (yes), Herschend (yes),
Strahan (yes).

Commissioner Herschend suggested the county ask for $43,000.000 in liquidated damage
cost.

EXECUTIVE SESSION

Commission Herschend to go into executive session pursuant to RSMo 610.021.1, as this
is a time sensitive issue. Commissioner Strahan seconded the motion. The motion passed by
vote: Pennel (yes), Herschend (yes), Strahan (yes).

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

RURAL MISSOURI WORKMAN’S COMPENSATION
MEMBERSHIP AGREEMENT

Commissioner Pennel made a motion to approve the Rural Missouri Workman’s
Compensation Membership Agreement, as well as the annual membership fee in the amount of
$400.00. Commissioner Strahan seconded the motion. The motion passed by vote: Pennel
(yes), Herschend (abstained), Strahan (yes).

VACATION
CARRY-OVER

Commissioner Herschend made a motion to carry over 44 hours of unused vacation time
Ms. Tressa Luttrell, which was accumulated throughout 2008. Commissioner Pennel seconded
the motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

RECESS
4:15 p.m.

Minutes were taken by Donna Neeley and typed by Nikki Lawrence.

DECEMBER 16, 2008 39th DAY OF
THE OCTOBER ADJOURN 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.

2009 BUDGET

The County Commission met with Brenda Neal; Circuit Clerk in preparation of the 2009
Budget.

Minutes were typed by Nikki Lawrence.

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 TANEY COUNTY COMMISSION RECORD

DECEMBER 17, 2008 40th DAY OF
THE OCTOBER ADJOURN TERM

The County Commission met in the Commission Conference Room at 11:16 a.m.
pursuant to adjourn with Ron Herschend, Western, and Danny Strahan, Eastern Commissioner,
and the following proceedings were had and made a matter of record.

APPOINT TEMPORARY
PRESIDING COMMISSIONER

County Deputy Clerk, Jim Yust, swore in Commissioner Herschend as temporary
Presiding Commissioner for the duration of Commissioner Pennel’s absence pursuant to RSMo.

GARY MORGAN, ADMINISTRATOR
IS DEPARTMENT UPDATE

Mr. Gary Morgan, IS Department Administrator, updated the Commission on several
issues.

Commissioner Strahan moved that we proceed to have Mr. Morgan run cable and piggy
back off of the Taney County Airport for the Economic Development office. Commissioner
Herschend seconded the motion. The motion passed by vote: Pennel (absent), Herschend (yes),
Strahan (yes).

Mr. Morgan discussed the GIS overlay for Empire District Electric Company.
Commissioner Herschend noted the Agreement, which will allow Empire District Electric
Company and Taney County to exchange data, will be drafted by Counselor Paulson.

Mr. Morgan commented on the possible intercom system that has been brought before the
Commission referencing the Prosecutor’s Office and also noted that he had spoken with Century
Tel and they are not interested in putting cell phone repeaters in the Judicial Facility, as they are
not in that type of business.

Mr. Morgan has made every effort to combine all cell phones into one account, but was
informed by Alltel the county doesn’t have a representative. Commissioner Strahan indicated
that since Ms. Luttrell has been in charge of Alltel, she would need to contact them referencing
one account being formed for the county. Commissioner Herschend stated that in Ms. Luttrell’s
absence, he would take care of contacting Alltel to obtain one representative for all accounts.

Mr. Morgan re-visited the issue of fibering to the old jail annex. Commissioner Strahan
made a motion to proceed based on the previously approved proposal. Motion died for lack of
being seconded. Commissioner Herschend noted that since this was previously approved, there
was no need for an additional motion or vote. The Commission instructed Mr. Morgan to
proceed forth and Commissioner Herschend would contact Auditor Findley to place $32,000.00
in the 2009 budget.

JOHN LAVENDER, SUPERVISOR
MAINTENANCE DEPARTMENT UPDATE

Mr. John Lavender, Maintenance Supervisor, noted a concern that needed immediate
attention; an employee was trapped in the prisoner elevator for more than two (2) hours last night
and that the emergency alarm and call buttons proved to be inoperable. He also commented that
because the doors would not open, the employee damaged them so that she could get out.

He also noted that he came to the conclusion, after checking each elevator, none of the
alarm and call buttons work. The Commission instructed Mr. Lavender to contact Mr. Adam
Parks, Walton Construction, while the elevator repairman is still here. Commissioner Herschend
also directed Mr. Lavender to close the loop with Sheriff Russell on keeping cameras on in the
prisoner elevator.

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 TANEY COUNTY COMMISSION RECORD

JAIL ANNEX
DISCUSSION

The Commission discussed the Jail Annex Bids. Mr. Lavender commented he changed
some of the wording in the contract, specifically changing R-22 to R-19.

Commissioner Herschend directed Mr. Lavender to obtain three (3) quotes for termite
treatment.

Commissioner Herschend made a motion to take the sink out of the Planning & Zoning
file workroom, as noted on the building specifications. Commissioner Strahan seconded the
motion. The motion passed by vote: Pennel (absent), Herschend (yes), Strahan (yes).

Commissioner Herschend made a motion to enter into negotiation with Midwest Siding,
LLC and to reject Dixon Construction Services, LLC, due to lack of detail and pricing, as well as
Precision Contracting, due to unwillingness to bond, lack of detail and resistance of completion
within the 60 day deadline. Commissioner Strahan seconded the motion. Commissioner also
noted the intent of the Commission is to negotiate with bidder chosen, in light of changes made
in the plan and possible reduction of costs because of it. The motion passed by vote: Pennel
(absent), Herschend (yes), Strahan (yes).

RECESS
11:45 a.m.

Minutes were taken by Jim Yust and typed by Nikki Lawrence.

RECONVENE
1:15 p.m.

INTERGOVERNMENTAL WASTEWATER
AGREEMENT

Mr. John Soutee, Sewer District Administrator, presented the Intergovernmental
Wastewater Agreement to the Commission for approval, which has already been approved by the
Sewer Board and the City of Forsyth.

Commissioner Herschend made a motion to accept and approve the Agreement, so the
county may continue with the Y Highway project. Commissioner Strahan seconded the motion.
The motion passed by vote: Pennel (absent), Herschend (yes), Strahan (yes).

JOHN SOUTEE, ADMINISTRATOR
SEWER DISTRICT UPDATE

Mr. John Soutee, Sewer District Administrator, appeared before the Commission to give
a departmental update, which included the Dam Site and Spring Creek South Agreement,
Hollister Sewer Agreement and completion of the Bee Creek Project.

Mr. Soutee noted there would be an opening on the Taney County Regional Sewer
District Board. The Commission concurred the opening should be posted in the local newspaper.
Commissioner Herschend stated he would take care of posting the upcoming opening in the local
newspaper.

The Commission discussed options on the use of interest that accrues on the Sewer Sales
Tax. Commissioner Herschend made a motion to direct Mr. Soutee to pursue Counselor Paulson
in answering the question whether the county can earmark the interest on the tax for items other
than capital improvement. Commissioner Strahan seconded the motion. The motion passed by
vote: Pennel (absent), Herschend (yes), Strahan (yes).

RECESS
2:00 p.m.

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 TANEY COUNTY COMMISSION RECORD

RECONVENE
2:06 p.m.

EDDIE COXIE, ADMINISTRATOR
PLANNING & ZONING UPDATE

Mr. Eddie Coxie, Planning & Zoning Administrator, appeared before the Commission to
give a departmental update, along with explaining some codes that there had been questions
about.

CHRIS BERNDT, DIRECTOR
EMERGENCY MANAGEMENT

Mr. Chris Berndt, Emergency Management Director, updated the Commission on an
issue that had been raised referencing FEMA. He stated FEMA was willing to pay for the
Lakeshore Drive bridge replacement. Mr. Berndt also noted that an invoice was submitted, by
the Road & Bridge department in the amount of $345,000.00, but FEMA was only willing to pay
$120,000.00.

RECESS
2:48 p.m.

RECONVENE
2:58 p.m.

JOHN LAVENDER, SUPERVISOR
MAINTENANCE DEPARTMENT UPDATE
CONTINUED FROM EARLIER

Mr. John Lavender, Maintenance Supervisor, continued his update with the Commission.
He went on to discuss the elevator concern, but noted the alarms are fixed. Mr. Lavender also
stated his intention of training someone specific for the elevator.

VACATION
CARRY-OVER

Commissioner Herschend made a motion to carry-over 30 hours of unused vacation time
for Mr. John Lavender, which was accumulated throughout 2008. Commissioner Strahan
seconded the motion. The motion passed by vote: Pennel (absent), Herschend (yes), Strahan
(yes).

RECESS
3:15 p.m.

Minutes were taken by Donna Neeley and typed by Nikki Lawrence.

DECEMEBER 18, 2008 41st DAY OF
THE OCTOBER ADJOURN TERM

The County Commission met at Hollister Town Hall at 2:30 p.m. pursuant to adjourn
with Chuck Pennel, Presiding, and Danny Strahan, Eastern Commissioner present and the
following proceedings were had and made a matter of record.

PARTNERS FOR PROGRESS

The County Commission attended the monthly Partners For Progress meeting to discuss
transportation issues in Taney County.

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Minutes were typed by Nikki Lawrence.

DECEMBER 19, 2008 42nd DAY OF
THE OCTOBER ADJOURN TERM

The County Commission met in the Commission Conference Room at 10:00 a.m.
pursuant to adjourn with Chuck Pennel, Presiding, and Danny Strahan, Eastern Commissioner,
and the following proceedings were had and made a matter of record.

ANNEX BUILDING
BID DISCUSSION

The Commission met with Mr. Jeff Barrickman, Midwest Siding, LLC, to discuss
negotiations of building specifications. Commissioner Strahan suggested Mr. Barrickman and
Mr. Lavender, Maintenance Supervisor, rework the bid specifications and re-submit final
proposal for approval.

Let it be noted Commissioner Herschend joined the meeting at 10:47 a.m.

Commissioner Strahan made a motion to table the Jail Annex bid until after the holidays.
Commissioner Pennel seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (yes).

VACATION
CARRY-OVER

Commissioner Strahan noted a concern referencing the amount of vacation carry-over
with employees. Commissioner Herschend commented on individuals saving vacation to
coincide with school days off. A general discussion ensued.

Commissioner Herschend moved to deny request on Ms. Lisa Owen for vacation carry-
over. Motion died for lack being seconded.

Commissioner Strahan made a motion to table Ms. Owen’s issue. Commissioner Pennel
seconded the motion. The motion passed by vote: Pennel (yes), Herschend (opposed), Strahan
(yes).

STEPHANIE MUNDELL, SUPERVISOR
ANIMAL CONTROL UPDATE

Ms. Stephanie Mundell, Animal Control Supervisor, appeared before the Commission to
give a departmental update, which included building maintenance and employee schedules.

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

Commissioner Pennel made a motion to send a letter to Mr. Keith Crawford, giving him
notice not to do any building maintenance at Animal Control. Motion died for lack being
seconded.

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).

RECESS
12:30 p.m.

Minutes were taken by Jim Yust and typed by Nikki Lawrence.

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 TANEY COUNTY COMMISSION RECORD

DECEMBER 22, 2008 43rd DAY OF
THE OCTOBER ADJOURN TERM

The Commission met in the County Commission Hearing Room at 9:01 a.m. pursuant to
adjourn with Chuck Pennel, Presiding, and Danny Strahan, Eastern Commissioner, and the
following proceedings were had and made a matter of record.

Prayer was led by Commissioner Pennel followed by the pledge.

ACCOUNTS ALLOWED

Commissioner Strahan moved to approve accounts payable warrants #307529 through
#307659 and manual warrants #4937 through #4938. Commissioner Pennel seconded the
motion. The motion passed by vote: Pennel (yes), Herschend (absent), Strahan (yes).

PRIOR MINUTES

Commissioner Strahan made a motion to revise prior Commission Minutes dated
12/10/2008, as well as approve prior Commission Minutes dated 12/11/2008 and 12/16/2008.
Commissioner Pennel seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (absent), Strahan (yes).

PAYROLL

Commissioner Pennel made a motion to approve the following payroll warrants:

General County Revenue: #105219 through #105220 and #105249 through #105271

Road & Bridge: #105222 through #105242

Assessment Fund: #105221 and #105243 through #105244

Transfer Station: #105245 through #105247

911 Administration: #105248

Accounts Payable Warrants: #307660 through #307677 and #307680 through #307697 and
manual warrants #4939, #4940.

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

OZARKS PARADISE VILLAGE
ROAD PETITION

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

Located in Ozarks Paradise Village > Section 14, Township 21N, Range 22W
Orchard Drive is platted to run east and west from Tate Road to Long Creek Road. There is an entrance off
of Highway 86 that connects to this road that residents are using and it is not platted for a road. The
majority of this road appears to be under construction. It would be recommended to not take this road into
the county system until the road is completed from Tate Road to Long Creek Road. The third entrance off
of Highway 86 will need to be platted.

It should be noted Commissioner Herschend entered the meeting at 9:09 a.m.
Located in Ozarks Paradise Village > Section 14, Township 21N, Range 22W
Mulberry Lane runs south off of Orchard Drive and dead ends. Approximately half of the road runs on a
grade of 22 percent. The road is base rock and is in fair shape; however there is no turnaround at the end of
this roadway. The 36” cross culvert should be reinstalled to work properly. The downstream side should
be at the toe of the slope and the upstream side needs more material to prevent water from bypassing the
inlet. One entrance on the east side of the roadway should have clean outs installed. The culvert is

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 TANEY COUNTY COMMISSION RECORD
approximately 150’ in length and washing out die to the grade of the hill. It would be recommended to not
take this road into the county system until Orchard Drive is completed and accepted.

Located in Ozarks Paradise Village > Section 14, Township 21N, Range 22W
Ozark Road is platted to make a complete circle with both entrances connecting to Devils Pool Road. The
road is blocked at the last home on the east side of this loop. The east side of this loop serves seven homes
and the west side has none. The chip seal section is poor and should be graded and rebased. The rest of
this section is base rock and in fair condition. The hill is wash-board style road and should be graded and
compacted. If taken into the county system a turnaround would have to be established. The length of this
section is 2,095’ 0.39mi. Cost to the county for improvements on this section would be approximately
$10,000 - $15,000. It would be recommended a Class V if taken into the county system. It would not be
recommended to take in the west side of this road into the county system, as it has no homes located on it
and has little use at this time.

Mr. Frank Preston, Road & Bridge Administrator, viewed all three roads via wide screen
projector and thoroughly described each road and their issues to the Commission.

Ms. Debbie Smith, property owner in Ozarks Paradise Village, was present to answer any
questions, as well as Mr. George LaRock, who was also a property within the sub-division.

The Commission discussed, in detail, the condition of all three roads. Commissioner
Strahan made a motion to table Orchard Drive Road Petition due to construction along to
roadway. Commissioner Pennel seconded the motion. The motion passed by vote: Pennel
(yes), Herschend (yes), Strahan (yes).

Ms. Smith commented that she would be willing to give up a section of land for a turn
around at the end of the roadway. Mr. Gene Dragon, Oakmont Association, offered to continue
with snow removal and also would bring roadway up to grade, according to county standards. A
general discussion ensued.

Commissioner Pennel made a motion to table. Commissioner Herschend commented on
liability issues if the county took in the road and questioned what work would be allowed. A
general discussion ensued.

Commissioner Strahan stated that different portions of the road could be considered into
the county system as different classes.

Commissioner Strahan seconded the motion noting several issues that needed to be
addressed through a work session with Mr. Preston. The motion passed vote: Pennel (yes),
Herschend (yes), Strahan (yes).

Commissioner Strahan made a motion to table Ozark Road Petition as there was no
petitioner present to answer questions or concerns on a partial take-in of the road. Commissioner
Pennel seconded the motion. The motion passed by vote: Pennel (yes), Herschend (yes),
Strahan (yes).

PROJECTOR

Mr. Preston conveyed appreciation to the Commission for purchasing the projector. He
indicated that Road & Bridge and Planning & Zoning have already made use of it.

WORKFORCE
HOUSING

Commissioner Pennel stated he received a telephone call from Ms. Sara Klinefelter
indicating the presentation would be cancelled and she would call back to reschedule.

SALES TAX
HOLIDAY

Commissioner Pennel received a document from Clerk Neeley, which was submitted to
her and it read:

Re: Show Me Green Sales Tax Holiday

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 TANEY COUNTY COMMISSION RECORD
Dear County Official:

Senate Bill 1181, enacted by the General Assembly in 2008, established the Show Me Green Sales Tax
Holiday in Section144.526 RSMo. The Show Me Green Sales Tax Holiday exempts the sale of certain
energy certified appliances from state tax and takes place annually on April 19th through April 25th.

According to the statute, political subdivisions may choose to participate in the 2009 Show Me Green Sales
Tax Holiday, a political subdivision must both notify the Missouri Department of Revenue (Department)
that it will participate in the holiday and provide a copy of the ordinance/order to that effect no later than
March 5, 2009.

The ordinance or order must clearly state whether the political subdivision is choosing to participate solely
in the 2009 Show Me Green Sales Tax Holiday or if it is choosing to participate in all subsequent Show Me
Green Sales Tax Holidays. If a political subdivision’s ordinance indicates it will participate in all future
Show Me Green Sales Tax Holidays, it will continue to be a participant in future holidays until it notifies
the Department otherwise.

In the event your political subdivision opts to participate in one or more Show Me Green Sales Tax
Holidays, please submit your ordinance and cover letter in a timely manner to:

Taxation Bureau
P.O. Box 3380
Jefferson City, MO 65202

If you require additional information or assistance, please contact the Taxation Bureau at 573-751-4876.

Local Tax Unit
Taxation Bureau

Commissioner Herschend made a motion to participate in the Show Me Green Sales Tax
Holiday as a one time trial and review the results before re-committing. Motion died for lack of
being seconded.

Commissioner Pennel made a motion to send a letter to the State of Missouri indicating
that Taney County does not wish to participate in the Show Me Green Sales Tax Holiday.
Motion died for lack of being seconded. A general discussed ensued.

Commissioner Strahan made a motion to table the decision whether to participate in the
Show Me Green Sales Tax Holiday. Commissioner Herschend seconded the motion. The
motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

CENTURY TEL
EASEMENT

Commissioner Pennel stated he was approached, via telephone, by Mr. Jerry Wood,
Century Tel, referencing a piece of property that was given to them by the Branson Airport. He
also noted that Mr. Wood was informed the easement belongs to Taney County and is requesting
the county to release it.

Commissioner Pennel made a motion directing Counselor Paulson to review the
document, which was submitted to the Commission by Century Tel. Commissioner Strahan
seconded the motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

EMPLOYEE ELIGIBILITY
FOR HEALTH INSURANCE

Auditor Findley questioned whether an elected official should wait 90 days to be eligible
for health insurance, per Taney County Personnel Policy. A general discussion ensued. The
Commission concurred to post this issue on Wednesday, as it will require a motion.

DESTRUCTION OF
RECORDS

Auditor Findley approached the Commission with notification the Auditor’s Office
transferred files to the County Clerk’s Office for proper disposal per retention schedule, which
are as follows:

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 TANEY COUNTY COMMISSION RECORD

2001 Timesheets - GS 028 Time and Attendance Records
2002 Timesheets - GS 028 Time and Attendance Records
2003 Timesheets - GS 028 Time and Attendance Records

2001 Receipts - GS 011 Receipts
2002 Receipts - GS 011 Receipts

2002 Requisitions - GS 009 Purchasing Records
2003 Requisitions - GS 009 Purchasing Records

1997 CAN Enrollment - GS 056 Insurance Policy Records

2001 I-9 - GS 031 Employment Verification Forms
2003 I-9 - GS 031 Employment Verification Forms

2000 – 2001 Flex Spending
2002 Cox Health Enrollment
2005 Century Planner Section 125
2005 Mercy Health Monthly Statements
2002 Blue Choice Enrollment
2003 Mercy Health Enrollment
2004 Corp of Engineer Statement
2005 AIG Monthly Statement
2003 – 2004 ASI Statement
2002 Letters & Memo’s for Delta Dental
County Death Enrollment for Past Employees

11 boxes of previously audited 2003 accounts payable files
20 boxes of previously audited 2004 accounts payable files
8 boxes of previously audited 2005 accounts payable files
10 boxes of previously audited 2006 accounts payable files

2002 Accounts Payable - GS 007 Accounts Payable Records

2008
SNOW RODEO

Mr. Frank Preston, Road & Bridge Administrator, updated the Commission on the many
events that took place at the 2008 Snow Rodeo. He also noted the overall winner to be Ms.
Bridget Collins and wanted to congratulate publicly. Mr. Preston indicated next year he would
like to invite other government entities.

PAGING SYSTEM FOR
PROSECUTOR’S OFFICE

Ms. Alissha Woody, Prosecuting Attorney’s Office Manager, questioned the Commission
whether a decision had been made on the paging system for her office.

Commissioner Strahan noted the Commission had discussed it, but no decision has been
made yet. Ms. Woody encouraged the Commission to look into this issue, as it is a huge concern
to her department and encounter many problems on a daily basis.

Commissioner Pennel commented he would like to speak with Mr. Gary Morgan, IS
Administrator, concerning obtaining additional information on the paging system.

COMMISSIONER HERSCHEND

Commissioner Herschend publicly thanked the citizens of Taney County for allowing
him to serve as Western District Commissioner for the last eight (8) years.

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PUBLIC COMMENT

Mr. Art Beck commented on joining with the legislature on banning the use of cellular
telephone on public roadways.

RECESS
10:19 a.m.

RECONVENE
10:40

It should be noted Commissioner Herschend was not present.

NUISANCE CASES

Mr. Keith Crawford proposed to drop the approval line from the nuisance form as
approval is already documented in the minutes.

Commissioner Pennel moved to close case #04-396 and send letter thanking them for
their efforts and continued efforts to keep property clean. Commissioner Strahan seconded the
motion. The motion passed.

Commissioner Pennel moved to approve the 2nd letter on case #08-0045 with
acknowledgement of efforts, in addition to requesting a plan of completion. Commissioner
Strahan seconded the motion, but added the recommendation of a privacy fence. The motion
passed.

Commissioner Pennel made a motion to send 2nd letter on case #08-0049. Commissioner
Strahan seconded the motion. The motion passed.

It should be noted Commissioner Herschend entered the meeting at 10:52 a.m.

Commissioner Pennel moved to close case #08-0007 as it has been cleaned up.
Commissioner Strahan seconded the motion. The motion passed.

Commissioner Strahan made a motion to send 1st letter on case #08-0044. Commissioner
Herschend seconded the motion. The motion passed by vote: Pennel (yes), Herschend (yes),
Strahan (yes).

Commissioner Herschend moved to send 1st letter on case #08-0002. Commissioner
Strahan seconded the motion. The motion passed by vote: Pennel (yes), Herschend (yes),
Strahan (yes).

Commissioner Herschend made a motion to send 2nd letter on cases #08-0021 and #08-
0022. Commissioner Pennel seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (yes).

Commissioner Herschend moved to send 1st letter on case #08-0038. Commissioner
Strahan seconded the motion. The motion passed by vote: Pennel (yes), Herschend (yes),
Strahan (yes).

It should be noted Commissioner Strahan stepped out of the meeting.

Commissioner Pennel made a motion to send notification letter on case #08-0065.
Commissioner Herschend seconded the motion. The motion passed.

Commissioner Herschend moved to send violation on case #08-0040. Motion died for
lack of being seconded. Commissioner Herschend made a motion to send a special letter on case
#08-0040. Commissioner Pennel seconded the motion. The motion passed.

Commissioner Pennel moved to send notification letter on case #08-0041. Commissioner
Herschend seconded the motion. The motion passed.

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 TANEY COUNTY COMMISSION RECORD

It should be noted Commissioner Strahan re-entered the meeting.

Commissioner Pennel suggested sending a notification letter on case#08-0043. Mr.
Crawford noted he would re-visit the property and continue to watch before a letter is sent.
Commissioner Pennel directed Mr. Crawford to contact complainant and pursue legal advice on
how to proceed.

Commissioner Pennel moved to close case #08-0043. Commissioner Herschend
seconded the motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

Commissioner Herschend moved to send 1st letter on case #08-0074. Commissioner
Strahan seconded the motion. The motion passed by vote: Pennel (yes), Herschend (yes),
Strahan (yes).

Commissioner Pennel made a motion to send violation letter on case #08-0066.
Commissioner Strahan seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (yes).

Commissioner Herschend made a motion to send letter on case #08-0055. Commissioner
Pennel seconded the motion. The motion passed by vote: Pennel (yes), Herschend (yes),
Strahan (yes).

Commissioner Herschend moved to send letter on case #08-0046. Commissioner Pennel
seconded the motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

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

RECESS
11:43 a.m.

RECONVENE
1:00 p.m.

BOB PAULSON
WORK SESSION

Counselor Paulson gave an update on the State Tax Commission lawsuit.

EXECUTIVE SESSION

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

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

CONTINUE WITH
BOB PAULSON
WORKSESSION

Commissioner Pennel made a motion to direct Counselor Paulson to contact the judge in
the State Tax Commission cases; notifying her and request direction resolving the issues at hand,
as the two parties cannot come to an agreement. Commissioner Herschend seconded the motion,
also asking Counselor Paulson to send a copy of the original Agreement to the judge. Counselor
Paulson stated he would look into whether it was ethical to give the Agreement to the judge. The
motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

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EXECUTIVE SESSION

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

Commissioner Strahan made a motion to terminate Mr. Keith Crawford. Commissioner
Herschend seconded the motion. The motion passed by vote: Pennel (opposed), Herschend
(yes), Strahan (yes).

Commissioner Herschend made a motion for the termination to be immediate.
Commissioner Strahan seconded the motion. The motion passed by vote: Pennel (opposed),
Herschend (yes), Strahan (yes).

Commissioner Herschend 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).

MR. NATHAN BURTON,
COMPROMISE ON BACK TAXES

The Commission reviewed information that was discussed on December 15, 2008 at a
County Commission Meeting.

Commissioner Herschend made a motion that if the County Assessor and Mr. Burton
agree, then the Commission would approve the compromise. Commissioner Pennel seconded
the motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

ANIMAL CONTROL
CONTRACTS

The Commission reviewed the Joplin Humane Society Contract as well as the other
municipality contracts. Commissioner Pennel noted there was some question as to whether the
county has to pay $27.50 or $30.00 per animal. The Commission directed Ms. Christy Teel to
get the correct information.

Commissioner Strahan moved to accept the Contracts as presented with the changes
effective immediately. Commissioner Pennel seconded the motion. Pennel (yes), Herschend
(yes), Strahan (yes).

SEPTAGON CONSTRUCTION/
WALTON CONSTRUCTION PROPOSAL

Commissioner Pennel presented a faxed copy of a proposal that he received from Mr.
Mike Smith, Septagon Construction, to the Commission.

Commissioner Herschend commented he would like Counselor Paulson to review the
proposal and place it on the agenda this Wednesday at 9:00 a.m. for a detailed discussion. The
Commission concurred.

RECESS
3:50 p.m.

Minutes were taken by Jim Yust and typed by Nikki Lawrence.

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DECEMBER 24, 2008 44th DAY OF
THE OCTOBER ADJOURN TERM

The County Commission met in the Commission Office at 9:07 a.m. pursuant to adjourn
with Chuck Pennel, Presiding, and Danny Strahan, Eastern Commissioner, present and the
following proceedings were had and made a matter of record.

ELECTED OFFICIALS
INSURANCE ELIGIBILITY

Commissioner Strahan made a motion for Elected Officials to be eligible for health
insurance upon taking office. Commissioner Pennel seconded the motion. The motion passed.

It should be noted Commissioner Herschend telephoned and stated he would not be available
until 9:30 a.m., as he is taking care of an emergency.

RECESS
9:09 a.m.

RECONVENE
9:30 a.m.

JOHN LAVENDER, SUPERVISOR
MAINTENANCE DEPARTMENT UPDATE

Mr. John Lavender, Supervisor, appeared before the Commission to give a departmental
update, which included jail annex project, over-time hours, Judicial Facility parking lot and
punch list concerns.

It should be noted Commissioner Herschend entered the meeting at 9:50 a.m.

SETH MCDAIRMANT, DIRECTOR
ECONOMIC DEVELOPMENT UPDATE

Mr. Seth McDairmant, Director, appeared before the Commission to give a departmental
update, which included Enhanced Enterprise Zone Workshop that is scheduled for January 13th
at the Taney County Airport, as well as 2009 budget talks.

FRANK PRESTON
WORKSESSION

Frank Preston, Road & Bridge Administrator, met with the Commission to discuss
various issues.

1. Chip Seal Machine: Mr. Preston stated the bids on the repair of the chip seal machine
have been received, which are between $52,000 and $89,000 with no guarantees. He also
stated a new machine would cost over $200,000. Mr. Preston commented on exploring
other options, such as leasing, which is approximately $30,000.00 per season (3 months).

Commissioner Strahan made a motion to go out for bid on a new and used chip seal machine.
Commissioner Pennel seconded the motion. The motion passed by vote: Pennel (yes),
Herschend (yes), Strahan (yes).

2. Minimum Flow: Mr. Preston stated the deadline for the minimal flow letter is January
29th.

Commissioner Herschend recommended sending a letter referencing the opinion of the
Commission. The Commission directed Mr. Preston to draft a letter and submit it to the
Commission for approval.

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3. Agenda Posting: Mr. Preston proposed when items are posted under executive session,
the name of an employee not be posted and asked the Commission’s opinion.

Commissioner concurred not to place individual names on agenda when a personnel issue arises.

4. Road Standards: Mr. Preston proposed having a public meeting on road standards, after
placing an advertisement in the newspaper, to raise thoughts and opinions of residents.

5. Road Improvements: Mr. Preston presented a project of fifty (50) proposed road
improvements in Taney County, in the form of a map. He also stated he would like to
meet with the Transportation Board to discuss potential projects.

6. Right-Of-Way Policy: Mr. Preston discussed the county Right-Of-Way policy to the
Commission.

Commission Strahan noted he had requested for a letter to be sent to Mr. Hefley, referencing the
location of his fence.

7. Landscaping: Mr. Preston discussed the trees, which are to be planted at the Judicial
Facility. He requested an individual more qualified to examine the trees.

8. Casey Road Final Payment: Mr. Preston discussed the final payment and noted he had
spoken to Mr. Spencer Jones, Great River Engineering, at great lengths. Mr. Preston
requested approval of the final payment less the $20,000.00 for damages.

Commissioner Pennel made a motion to approve PR#10 in the amount of $132,272.78.
Commissioner Strahan seconded the motion. A general discussion ensued. The motion passed
by vote: Pennel (yes), Herschend (yes), Strahan (yes).

RECESS
11:15 a.m.

RECONVENE
?

EXECUTIVE SESSION

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

RECESS
?

RECONVENE
?

PAGING SYSTEM
FOR PROSECUTOR’S OFFICE

Commissioner Pennel made a motion to approve the paging system proposal from
Century Tel in the amount of $1970.60.

Mr. Gary Morgan, IS Administrator, joined the meeting via telephone. He stated he had
exhausted all options and his recommendation is to go forward with the paging system, as it is
the most cost effective out of the options he was researching.

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

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HUMANE SOCIETY
CONTRACT

Commissioner Strahan made a motion to accept the Joplin Humane Society Contract as
presented. Commissioner Herschend seconded the motion. The motion passed by vote: Pennel
(yes), Herschend (yes), Strahan (yes).

COMMUNICATION GRANT
SUPPORT LETTERS

Commissioner Strahan moved to approve the support letters for the Communication
Grant, which will be sent to our State Legislature. Commissioner Herschend seconded the
motion. The motion passed by vote: Pennel (yes), Herschend (yes), Strahan (yes).

2010 CENSUS
SUPPORT LETTER

Commissioner Pennel informed the Commission that had appointed Mr. Christopher
Welch as Chairman for the Executive Complete Count Committee for Stone and Taney County.

DATA SHARING
CONTRACT

Commissioner Herschend made a motion to approve the Data Sharing Agreement for
Empire Electric District. Commissioner Strahan seconded the motion.

ANNEX BID
DISCUSSION

Commissioner Pennel discussed the bid of Precision Construction, noting Mr. Holt
wanted to meet with the Commission.

Commissioner Herschend stated he was unable to be bonded. A general discussion
ensued.

EXECUTIVE SESSION

Commissioner Pennel made a motion to go back into executive session pursuant to
RSMo 610.021.12. Commissioner Herschend seconded the motion. The motion passed by vote:
Pennel (yes), Herschend (yes), Strahan (yes).

RECESS
?

Minutes were typed by Nikki Lawrence.

DECEMBER 29, 2008 45th DAY OF
THE OCTOBER ADJOURN TERM

The County Commission met in the County Commission Hearing Room at 9:01 a.m.
pursuant to adjourn with Chuck Pennel, Presiding, and Danny Strahan, Eastern Commissioner,
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 Pennel stated there were no accounts payable warrants available for
approval.

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 TANEY COUNTY COMMISSION RECORD

PRIOR MINUTES

Commissioner Pennel stated there were no prior Commission Minutes available for
approval.

DISRUPTION OF THE
ASSESSMENT PROCESS

Mr. James Strahan, County Assessor, voiced concerns of Elected Officials interfering
with the assessment process. He also noted that the process of Board of Equalization is not being
followed and that those that are involved in the process should be properly trained.

Counselor Paulson recalled his opinion, which was submitted to the Commission,
referencing what should be heard by the Board of Equalization.

Commissioner Strahan expressed the rights of the citizens to be heard, but also noted
there is a place and a time for it and it may not be at the Board of Equalization.

Commissioner Pennel stated the Commission should do what they can to help the citizens
of Taney County.

A general discussion ensued.

RECESS
10:16 a.m.

RECONVENE
10:21 a.m.

PUBLIC COMMENT

Mr. Rick Zigenfuss, City of Hollister Administrator, acknowledged efforts by
Commissioner Herschend with the City of Hollister and appreciated all of the support given by
the County Commission.

RECESS
10:28 a.m.

Minutes were taken and typed by Nikki Lawrence.

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