UL--62*/5 k -St« 1 -I Christian County Commission January 03, 2012 3:00 p.m. Ribbon Cutting at Sparta High School One or more Commissioners may be attending the 3:00 p.m. ribbon cutting at Sparta High School in Sparta, Missouri. A Ligp,[apaglia/Presitgmmissic January 03,2012 l t 1 -4<76*r -- ---k---- -- -- -,--- t1 .-•95=- 4 , -f . -- rar<%#4 2 -==1 #ir55-.-1 - --- 3 Christian County Commission January 03, 2012 3:00 p.m. Ribbon Cutting at Sparta High School One or more Commissioners may be attending the 3:00 p.m. ribbon cutting at Sparta High School in Sparta, Missouri. k 4 huu u.1., L ClhtlA/ 1.*PCapaglia/PresigpfnmissionE eed-- L n U January 03,2012 1 77- *,f Christian County Commission January 05, 2012 Convene Presiding Commissioner Lou Lapaglia called the meeting of the County Commission to order at 2:00 p.m. on January 5, 2012 at the County Commission Office. Attendance: Lou Lapaglia, Present: Bill Barnett, Present: Tom Huff, Absent. County Clerk Kay Brown is taking the minutes. 2:00 p.m. Lee Johnson - Recycling Center Re: Discuss Recycling Center Needs The meeting was attended by Commission Secretary Cheryl Mitchell. Presiding Commissioner Lou Lapaglia and Commissioner Bill Barnett met with Lee Johnson to discuss the recycling center needs. - Western Commissioner Bill Barnett reviewed a letter of complaint from a citizen that lives across the street from the Recycling Center and asked for any ideas or opinions. Mr. Johnson responded that he agreed with the complaint because it involves people tliat throw their trash in front and over the fence ofthe recycling center. Presiding Commissioner Lou Lapaglia asked what are your needs and do you have any suggestions to make it better for the recycling center. Mr. Johnson suggested changing the hours and having one person work from 8:30 a.m. to 5:00 p.m. and 7:30 a.m. to 4:00 p.m., lock the gate, install motion sensor lights, and post an ordinance. They have spent numerous hours picking up the trash that is dumped that is not recycling materials. Presiding Commissioner Lou Lapaglia asked ifthere is a need for bigger bins. Mr. Johnson said there is no room for bigger bins. The Commission will send a letter to the City of Ozark to inquire if an ordinance is in place for littering and dumping trash. The Commission will look at installing a motion detector light and have more A community service workers. The change in the hours of operation will begin January31st, 2012. COURT ORDER State ofMissouri } SS. County ofChristian October2011 term, In the Christian County Commission of said County, on the 30th day of December 2011, the following, among other proceedings, were had, viz: The Treasurer is hereby ordered to transfer in the amount of$ 16,668.00, from Building Bond to the following: COLE (Leaving balance of $ 235,00.00) The Treasurer is hereby ordered to transfer in the amount of$ 15,000.00, from General Revenue to the January 05,2012 1 h i folIowing: COLE (Leaving a balance of$ 170,000.00) COURT ORDER STATE OF MISSOURI COUNTY OF CHRISTIAN January Term, 2012 In the Christian County Commission of said County, on the 6th day of January 2012, the following, among other proceedings, were had, viz: THE TREASURER IS HEREBY ORDERED TO TRANSFER THE SUM OFS 310,095.76 FROM THE COUNTY REVENUE SALES TAX FUND TO THE FOLLOWING: ROAD DISTRICTS COMMON ROAD #1 $96,067.67 COMMON ROAD #2 $ 94,238.10 BILLINGS SPECIAL $33,397.31 GARRISON SPECIAL $ 6,884.13 OZARK SPECIAL $26,978.33 SELMORE SPECIAL $ 10,667.29 S. SPARTA SPECIAL $ 3.256.01 STONESHIRE SPECIAL $ 1,891.58 CITIES DITY OF BILLINGS $ 3,690.14 JITY OF CLEVER $ 2,201.68 JITY OF FREMONT HILLS $ 1,116.34 JITY OF NIXA $ 13,644.21 JITY OF OZARK S 14,419.45 JITY OF SPARTA $ 1,643.52 Sig n*res Yodapaglia/Pres!ng tr'mission€ January 05,2012 A W L A Christian County Commission January 09, 2012 Convene Presiding Commissioner Lou Lapaglia called the meeting of the County Commission to order at 9:00 a.m. ' on January 9, 2012 at the County Commission Office. Attendance: Lou Lapaglia, Present: Bill Barnett, Present: Tom Huff, Absent. County Clerk Kay Brown is taking the minnutes. 9:00 a.m. Approval of Minutes Postponed The meeting was attended by Commission Secretary Cheryl Mitchell and Planning and Zoning Administrator Todd Wiesenhan. Presiding Commissioner Lou Lapaglia and Western Commissioner Bill Barnett postponed the approval of the minutes to Thursday. 9:15 a.m. Christian County Commission Re: Address Interest and Penalties Charged The meeting was attended by Commission Secretary Cheryl Mitchell, Karen Haynes and Todd Wiesehan of the Planning and Zoning Department, Eddie Campbell, Alderman for the City of Ozark and Collector Ted Nichols. Presiding Commissioner Lou Lapaglia and Western Commissioner Bill Barnett discussed an address error on a tax statement for resident Doug Twigger. The tax statement was sent to California by mistake and Mr. Twigger received his statement late resulting in in a fee of$ 61.64 in penalties and interest. Mr. Twigger has requested that the fee of of $ 61.65 be reimbursed to him due to an address error by the Assessor's office. Motion/Vote - Approve the Tax Reimbursement to Doug Twigger Western Commissioner Bill Barnett made a motion to approve the reimbursement of$ 61.65 to Doug Twigger for an addressing error that resulted in penalties and interest. Lou Lapaglia seconded the motion. The motion passed by vote: Lou Lapaglia (Yes), Bill Barnett (Yes), Tom Huff (AbsenO. 9:30 a.m. Meeting Was Adjourned Presiding Commissioner Lou Lapaglia adjourned the meeting because Ms. Daniels was npt present for the meeting. 9:32 a.m Susanne Daniel - Citizen Re: P&Z Commission South Linn District Interview The meeting was reinstated at 9:32 a.m. The meeting was attended by Commission Secretary Cheryl Mitchell, Eddie Campbell, Karen Haynes and Todd Wiesehan of the Planning and Zoning Commission. Presiding Commissioner Lou Lapaglia and Western Commissioner Bill Barnett interviewed Susanne Daniels for the Planning and Zoning Commission. Ms. Daniels said she was interested in the position of the Planning and Zoning Commission because she would like to be more involved and informed about the county. She expressed concern for the possible mandatory survey recording that would be very expensive for the County. January 09,2012 1 Presiding Commissioner Lou Lapaglia asked why Ms. Daniels would want to serve on the Planning and Zoning Commission. Have you attended any meetings? Ms. Daniels said she wants to be more involved and informed about the county. She said that she had attended two meetings but has been in school and unable to regularly attend. Presiding Commissioner asked Ms. Daniels what she didn't like about Planning and Zoning? She gave an example of a sink hole that has a dry water hydrant and the owner of the property said the sink hold never holds water. She would like to assist with problems such as this. Presiding Commissioner Lou Lapaglia asked if she had any questions for the Commission or the Planning and Zoning Department? Ms. Daniels replied that she had no questions. Western Commissioner Bill Barnett stated that she had been a resident of the county for her entire Iife. She said that she lived near Bull Creek and possibly in the South Linn Township. She presented the Commission a resume for review. The Commission expressed their appreciation of Ms. Daniels interest and willingness to serve. Presiding Commissioner Lou Lapaglia said that we live and breathe by our codes and there few exceptions but it has expanded over the years. Todd Wiesehan, Administrator ofthe Planning and Zoning Department said her knowledge of surveying would shed light and provide a higher level ofunderstanding of flood plains. »atures 0 4.Lu -21> C= Lapaglia/PresiyngImiss ioner January 09, 2012 r 54, t. Christian County Commission January 12, 2012 Convene Presiding Commissioner Lou Lapaglia called the meeting of the County Commission to order at 8:55 a.m. 1 on January 12, 2012 at the County Commission Office. Attendance: Lou Lapaglia, Present: Bill Barnett, Present: Tom Huff, Absent. County Clerk Kay Brown is taking the minutes. Motion/Vote - 8:55 a.m. Minutes Approved Dec, 29,2011, Jan. 3,5, and 9, 2012 Western Commissioner Bill Barnett made a motion to approve the minutes for December 29,2011, January 3, 5, and 9th, 2012. Lou Lapaglia seconded the motion. The motion passed by vote: Lou Lapaglia (Yes), Bill Barnett (Yes), Tom Huff (Absent). The meeting was attended by Commission Secretary Cheryl Mitchell, Ron Shawgo, Dow Whiting from Garden Adventures and Charles McCorkle. 9:00 a.m. Ron Shawgo Azalea Association Re: FIower Discussion The meeting was attended by Commission Secretary Cheryl Mitchell, Charles McCorkle, Dow Whiting of Garden Adventures, John Bross and Ron Shawgo. Presiding Commissioner Lou Lapaglia and Western Commissioner Bili Barnett met with Ron Shawgo to discuss having an azalea garden provided by the Azatea Association. Mr. Shawgo presented a conceptual drawing of the proposed plantings to be positioned on the grounds of the historical court house. He suggested that the City of Ozark may have interest in helping with the project. The labor is free but the cost for materials including the plants is $ 1,555.50. The Azatea Association want to expand the awareness of azalea's in the community. Presiding Commissioner Lou Lapaglia and Western Commissioner Bill Barnett expressed their appreciation Mr. Shawgo and the members ofthe Azalee Association for their generosity. Presiding Commissioner Lou Lapaglia donated $ 250.00 to the project and said that the County will match it. Presiding Commissioner Lou Lapaglia said that the Commission want to keep the historic courthouse in good shape such as installing a new heating and air conditioning system that saves energy and brought fresh air into the building. A new roof is being installed and this year the building will have all the mortar jointsretucked. Mr. Dow Whiting, owner of Garden Adventures will maintain the plants but they witt need to be watered during excess drought. Motion/Vote - Approve the AzaIea Garden and Match the Presiding Commissioner's Contribution Western Commissioner Bill Barnett made a motion to approve the azalea garden for the court house grounds and to match the donation of$·250.00 made by the Presiding Commissioner. Lou Lapaglia seconded the motion. The motion passed by vote: Lou Lapaglia (Yes), Bill Barnett (Yes), Tom Huff (Absent). 1:00 p.m. Emergency Management Administrator Phil Amtower Re: Emergency Management Order to Perform Emergency Functions Presiding Commissioner Lou Lapaglia and Western Commissioner Bill Barnett met with Emergency Management Administrator Phil Amtower to have an order that establishes the Emergency Management Department. This order gives the specific job description of the Emergency Management Department and January 12,2012 1 2 D reinforces what has been established for many years in the county. Motion/Vote - Approve the Order To Establish the County's Emergency Management Western Commissioner Bill Barnett made a motion to approve the Order to establish the County Emergency Management Office. Lou Lapaglia seconded the motion. The motion passed by vote: Lou Lapaglia (Yes), Bill Barnett (Yes), Tom Huff(Absent). Court Order - 1-12-12-01 - Court Orders through . ORDER 1-12-12-01 ORDER REGARDING EMERGENCY MANAGEMENT FOR CHRISTIAN COUNTY, MISSOURI WHEREAS, the Missouri Revised Statutes Chapter44.080 gives authority for organization of local emergency management agencies to be organized and perform emergency management functions; and WHEREAS, to protect the health and safety of persons and property during an emergency or disaster resulting from man-made or natural causes. There is hereby created within and for the territory of Christian County, Missouri, an emergency management agency to be known as the Christian County Office of Emergency Management. Section 1. Regulations Continued in Effect All ordinances, resolutions, motions, and orders pertaining to civil defense, emergency management, and disaster relief, which are not in conflict with this chapter, are continued in full force and effect. Such ordinances, etc., are on file in the office of the County Clerk. Section 2. Emergency Management and Response Powers 1) Departmental Standards A) Functions of the Office of Emergency Management. The Christian County Office of Emergency Management (OEM) shall perform emergency management functions as directed by local procedural standards, orders, and ordinances as directed by the County Commission. B) Membership of the Office of Emergency Management. The Christian County OEM shall consist of a director and additional members sufficient to carry out departmental duties. These additional members will be appointed by the director. C) Oath. No person shall be employed or associated, in any capacity, with the Christian County OEM who advocates or has advocated a change by force or violence in the constitutional form of the government of the United States or in this state or the overthrow of any government in the United States by force 6r violence. No person shall be employed or associated with the Christian County OEM who has been convicted of or is under indictment or information charging any subversive act against the United States. Each person who is appointed to serve in a capacity with the Christian County OEM shall, before entering upon his/her duties, take an oath, in writing, before the Clerk of Christian County. The oath shall be substantially as follows: I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of Missouri, against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter. And I do further swear (or affirm) that I do not advocate, nor am 1 a member of a political party or organization that advocates the ovenhrow of the government of the United States or of this state by force or violence; and that during such a time as I am a member of the Christian County Office of Emergency Management, I will not advocate the overthrow of the government of the United States or of this state by force or violence. D) Appointment and Duties of the Emergency Management Director. The Director of the Christian County OEM will be appointed by the Christian County Commission. Duties of the Director include, but are not limited to: January 12,2012 f will be appointed by the Christian County Commission. Duties of the Director include, but are not limited to: 1) Coordinate daily community mitigation and preparedness activities, localized emergency response activities, recovery coordination efforts, and the participation in regional emergency management activities. 2) Direct responsibility for the organization, administration, and operation of alllocal emergency management activities and coordination of those activities with all county depanments. 3) Develop and promulgate emergency plans for the County, including planning for joint action with municipalities consistent with the state plan of emergency management. 4) Coordinate and assist in the development of joint action municipal emergency management plans within the County and integrate such plans with the County plan. 5) Direct the County and joint action municipality emergency management planning programs. 6) Coordinate the County and joint action municipalities emergency actions and coordinate the non·joint action municipal emergency actions within the County. 7) Maintain all relevant disaster preparedness planning documents for the community. 8) Activate the Emergency Operations Plan (EOP), as deemed necessaty for the community-wide coordination of resources in the event of a threatened or actual incident. 9) Maintain continual state of readiness of the central disaster community coordination center known as the Emergency Operations Center (EOC). 10) Activate the EOC as deemed necessar'y for the community-wide coordination of resource in the event of a threatened or actual incident. 11) Maintain liaison and cooperate with emergency management agencies and organizations both governmental and non-governmental in other cities, counties, states, and the federal government. 12) Maintain records and the accounting for the use and disposal of all equipment placed under the jurisdiction of the Christian County OEM. 13) Maintain records and the accounting of grants placed under the jurisdiction of the Christian County OEM. 14) Serve as the County Coordinator for implementation of the National Incident Management System (NIMS), which is the federal system to coordinate emergency preparedness and response for all levels of government. 15) Perform such other duties related to emergency management as may be required by the Christian County Commission or any municipality acting under a joint action municipal emergency management ordinance which has appointed the County's emergency management director as its Director of Emergency Management. E) Declaration of Local Emergency 1) Grant of Authority. In the event of a threatened or actual disaster or emergency, which may result in the large-scale loss of life, injury, properly damage or destruction, or major disruption of the routine community affairs, businesses, or governmental operations in Christian County, and which is sufficient in severity and magnitude to warrant extraordinary assistance by federal, state, and/or local departments and agencies to supplement the efforts of available public and private resources the Presiding Commissioner or designee may declare a local emergency for Christian County, Missouri. The form of the declaration shall be similar to that provided in subsection (2C) of this document. 2) Commission Line of Succession. In the event that the Presiding Commissioner is unavailable or incapacitated by the emergency event, the Associate Commissioners, in order of seniority, shall serve as the designee. If both Associate Commissioners are available, the declaration will be made in concurrence from both Associate Commissioners. If there are no Commissioners availabte to make a local emergency declaration, the responsibility will be that of the Sheriff, If there are no Commissioners or Sheriff available to make a local emergency declaration, then the responsibility will be that of the Director of the Christian County Office of Emergency Management. 3) Request for State Assistance. Consistent with a declaration of local emergency, the Presiding Commissioner or designee may request the Governor to provide assistance. This may be done provided the disaster or January 12,2012 3 l 4 t emergency is beyond the capacity of the County to adequately meet and State assistance is necessary to supplement local efforts to save lives and protect property, public health and safety, or to avert or lessen the threat of a disaster. 4) Continuance. The declaration of local emergency shall continue until the Presiding Commissioner or designee finds that emergency conditions no longer exist. No state of local emergency shall continue for longer than 30 days, unless renewed by the Presiding Commissioner or designee, The County Commission may end a state of local emergency at any time. 5) Effect of Declaration of Local Emergency (a) County Business. Upon declaration of an emergency or disaster by the Presiding Commissioner, the affairs and business of the county may be conducted at places other than the regular location, when it is not prudent, expedient, or possible to conduct business at the regular location. In accordance with Missouri Revised Statutes 610.020, if the incident prevents posting notice 24 hours in advance or prevents the meeting from being held at a convenient time or in a place reasonably accessible to the public, the reasons should be stated in the meeting's minutes. When such meetings occur, al! actions taken by the County Commission shall be as valid and binding as if performed at or during regular proceedings. Such meetings may be called by the Presiding Commissioner or any two members of the County Commission. (b) Purchasing. Upon declaration of an emergency and in accordance with Missouri Revised Statute 50.780, the County Commission may waive the requirement of competitive bid or proposals for supplies when immediate expenditure is necessary. Emergency procurements shall be made with as much competition as practicable during the emergency incident. As soon as possible, a record of each emergency procurement shall be made and include the contractors name, the amount and type of the contract, and a listing of the item(s) procured under the contract. (c) Code Enforcement. Upon declaration of a state of emergency or disaster by the Presiding Commissioner, the County Commission may temporarily suspend the enforcement of the orders of the county, or any portion thereof, where the emergency is of such nature that immediate action outside the code is required, such suspension is consistent with the protection of the public health, safely and welfare, and such suspension is not contradictory with any deferral or state statutes or regulations. (d) Fees. Upon declaration of a state of emergency or disaster by the Presiding Commissioner, the County Commission may temporarily reduce or suspend any permit fees, application fees, or other rate structures as necessary to encourage the rebuilding of the areas impacted by the disaster or emergency. The term 'fees" include fees or rates charged by the county for building permits, land disturbance permits, zoning applications, special land use permits, temporary land use permits, and other fees relating to the reconstruction, repair, and clean up the areas impacted by the disaster or emergency. The term lees" does not include fees collected by the county on behalf of the state or federal government of fees charged by the county pursuant to a state or federal statute or regulation. (e) Temporary Dwellings. Upon the declaration of a state of emergency or disaster by the Presiding Commissioner, the county or its designees may issue temporary permits for a mobile home, trailer, recreational vehicle, or other temporary dwelling structures in any zoning district, even though not otherwise permitted by county regulations, while the primary dwelling is being repaired. The temporary permit shall not exceed six months in duration. Upon expiration of the temporary permit and/or extension, the temporary dwelling must be removed. (f) Emergency Management Director. Following a declaration of emergency, the Emergency Management Director or designee is authorized to have and may exercise for such period as the declared emergency exists or continues, the following additional emergency powers: Coordinate the County and joint action Municipalities emergency actions and coordinate the non-joint action municipal emergency actions within the County. · To implement local emergency measure which protect life and property or to bring the emergency situation under control. In exercising this authority, the Emergency Management Director or designee may cause to become effective the authorities of this order as appropriate. • To activate the local EOP and shall be the authority for the deployment of personnel and use of any forces to which the plan applies and for use or distribution of any supplies, equipment, materials, and facilities assembled, stockpiled, or arranged to be made available pursuant to Chapter44, RSMo., or any other laws, orders, or ordinances applicable to emergencies or disasters. • To enter at a reasonable time upon any property, for the purpose of damage assessment and inspecting sites involved in or damaged by a declared disaster. January 12,2012 4 t To arrange agreements to use propeny for the purposes of emergency management activities on behalf of the County; however, any such document shall be later presented for ratification by the County Commission. To direct and compel the evacuation of al! or part of the population from any stricken or threatened area, for the preservation of life or other disaster mitigation, response, or recovery. To prescribe routes, modes of transportation, and destinations in connections with evacuation. • To make provision for the availability and use of temporary emergency housing, emergency shelters, and/or emergency medical shelters. To transfer the direction, personnel, or functions of any county departments and agencies, or units thereof, for the purpose of performing or facilitating emergency services. To utilize all available resources of the county and subordinate agencies over which the county has budgetary control as reasonably necessary to cope with the emergency or disaster. To obtain or utilize public or private property when necessary to cope with the emergency or disaster of when there is compelling necessity for the protection of lives, health and welfare, and/or the property of citizens. To suspend any order, code provision, or regulation prescribing the procedures for conduct of county business, or the orders, rules, or regulations of any county agency, if strict compliance with any ordinance, resolution, order, rule, or regulation would in any way prevent, hinder, or delay necessary action in coping with the emergency or disaster, provided that such suspension shall provide for the minimum deviation from the requirements under the circumstances and further provided that, when possible, specialists shall be assigned to avoid adverse effects resulting from such suspension. To provide welfare benefits to citizens upon execution of an intergovernmental agreement for grants to meet disaster-related, necessary expenses or serious needs of individuals or families adversely affected by an emergency or disaster in cases where the individuals or families are unable to meet the expenses or needs from other means, provided that such grants are authorized only when matching state or federal funds are available for such purposes. • To perform and exercise such other functions, powers, and duties as may be deemed necessary to promote and secure the safety and protection of the civilian population, including individuals with household pets and service animals prior to, during, and following a major disaster of emergency. 11) Form of Declaration Upon the declaration of local emergency, an official 'Declaration of Local Emergency," in substantially the same form set forth below, shall be signed and filed In the office of the County Clerk and shall be communicated to the citizens of the affected area using the most effective and efficient means available. The Declaration shall state the nature of the emergency or disaster and the conditions that require the Dedaration DECLARATION OF LOCAL EMERGENCY WHEREAS, the County of Christian, State of Missouri has experienced an event of critical significance as a result of [Description of Event] on [Date]; and WHEREAS, in the judgment of the Presiding Commissioner of the County of Christian, there exists emergency circumstances located in [Describe Geographic Location] requiring extraordinary and immediate corrective actions for the protection of the health, safety, and welfare of the citizens of the County of Christian, including individuals with household pets and service animals: and WHEREAS, to prevent or minimize injury to people and damage to properly resutting from this event. NOW, THEREFORE, pursuant to the authority vested in my by local and state law. IT IS HEREBY ORDERED: 1) That the local Emergency Operations Plan is hereby activated; 2) That all necessary sections of the County of Christian Emergency Management Order will be implemented; January 12,2012 5 4 i r. and 3) That the following measures also be implemented: [If deemed appropriate, add items.] ENTERED at [Time] on [Date]. [Signed] - Presiding Commissioner, County of Christian, State of Missouri or designee 111) Contracts with Local Government In addition to the normal agreements embodied in the local EOP for mutual emergency assistance, municipalities within Christian County may adopt joint action emergency management ordinances for the administration of a joint action emergency plan and response with Christian County's Office of Emergency Management. Section 3. Closed or Restricted Areas and Curfews During an Emergency 0 To preserve, protect, and sustain the life, health, welfare, or safety of persons, or their property, within a designated area under a declaration of emergency, it shall be unlawful for any person to travel, loiter, wander, or stroll in or upon the public streets, highways, roads, lanes, parks, or other public grounds, public places, public buildings, places of amusement, eating places, vacant lots, or any other place during a declared emergency between hours specified by the Presiding Commissioner until curfew Is lifted, Il) To promote order, protect lives, minimized the potential for looting and other crimes, and facilitate recovery operations during an emergency, the Presiding Commissioner shall have discretion to impose re-entry restrictions on certain areas. The Presiding Commissioner shall exercise such discretion in accordance with the local EOP, which shall be followed during emergencies. Ill) The provisions of the section shall not apply to persons acting in the following capacities: A) Authorized and essential law enforcement personnel; B) Authorized and essential health care providers; C) Authorized and essential personnel of the County as approved by the County Commission or Emergency Management Director; D) Authorized National Guard or federal military personnel; E) Authorized and essential firefighters; F) Authorized and essential emergency response personnel; CA) Authorized and essential personnel or volunteers working with or through an Emergency Management Agency: H) Authorized and essential utility repair crews; I) Other authorized and essential persons as designated on a list compiled by the Christian County OEM. Section 4. Special Events I) Definition Special events are defined as an event, or series of related events, of cultural, civic, economic, social, recreational, or educational in nature, sponsored by an individual or individuals, a non-profit organization or community group, charitable organization of for-profit organization or group, that is (1) held wholly or partially on property owned or maintained by the County; or (2) held on any other property, and that requires, for its successful execution, the partial or complete closure of streets of sidewalks or the provision and coordination of government services to a degree over and above the level that the County normally provides. Special events also include any other organized activity that involves the use of, or has a direct or indirect impact on, public property or facilities or that can reasonably be foreseen to have such an impact on, or to require a higher level of public safety services or January 12, 2012 6 1 Il) Authority of the Office of Emergency Management Any special event, as defined above, shall require the OEM to conduct an evaluation of the need for coordinated planning and the potential for on-site public safety coordination operations during such and event organizational | authority is mandated to participate and utilize the following: A) Pre-event planning, to induce but not limited to meetings and planning sessions. B) On-site public safety resource coordination during the duration of the event as determined by the pre-event I planning process. C) Post-event after action planning. 111) Funding Reimbursement All activities related to planning, coordination, and response to the special event may be changed (using i established departmental cost specifications) to the event organizational authority to be reimbursed to appropriate Christian County departmental budgets. Section 5. Registration of Building and Repair Services In accordance with County regulations, before building, constructing, repairing, renovating, or making improvements to any real property, including dwellings, homes, buildings, structures, or fixtures within an area in the county designated in a declared emergency or disaster, any person, firm, partnership, corporation, or other entity must follow County protocols and regulations. BE IT FURTHER ORDERED that is this document shall become effective upon its approval. SO ORDERED this 12th day of January, 2012 County of Christian, State of Missouri. CHRISTIAN COUNTY COMMISSION Lou Lapaglia Presiding Commissioner ABSENT Tom Huff Commissioner, Eastern District Bill Barnett Commissioner, Western District ATTEST: Kay Brown Christian County Clerk APPROVED AS TO FORM: Christian County Counselor Sign@ures lou ®aglia;Pr6sidtho nlilsioner January 12, 2012 7 P Christian County Commission January 19, 2012 Convene Presiding Commissioner Lou Lapaglia called the meeting of the County Commission to order at 8:55 a.m. on January 19,2012 at the County Commission Office. Attendance: Lou Lapaglia, Present: Bill Barnett, Present: Tom Huff, Absent. County Clerk Kay Brown is taking the minutes. Motion/Vote - 8:55 a.m.. Approve the January 12,2012 Minutes Western Commissioner Bilt Barnett made a motion to approve the minutes for January 12, 2012. Lou Lapaglia seconded the motion. The motion passed by vote: Lou Lapaglia (Yes), Bill Barnett (Yes), Tom Huff (Absent). The meeting was attended by Commission Secretary Cheryl Mitchell, Planning and Zoning Administrator Todd Wiesehan and Cathy Leming. 9:00 a.m. Todd Wiesehan - Planning and Zoning Administrator Re: Destruction of Records The meeting was attended by Commission Secretary Cheryl Mitchell and Cathy Leming of Planning and Zoning. Presiding Commissioner Lou Lapaglia and Western Commissioner Bill Barnett met with Planining and Zoning Administrator Todd Wiesehan to review the destruction of records per the Secretary of State Retention Schedule. The records are covered under GS 052 of the Secretary of State Retention Schedule. These records are from 1993- 2006 exceed the five year deadline. The records consist o f: Building Applications and Permits: 1993-2006, Expired Withdrawn, Denied 2005-2006 Fax Permit Reports Motion/Vote - Approve the Destruction of Records for P & Z Western Commissioner Bill Barnett made a motion to approve the destruction of records for the Planning and Zoning Department. Lou Lapaglia seconded the motion. The motion passed by vote: Lou Lapaglia (Yes), Bill Barnett (Yes), Tom Huff(Absent). Motion/Vote - 9:15 a.m. Approve the 207 S. 2nd Street Annual Lease Agreement Joyce Lowther Western Commissioner Bill Barnett made a motion to approve the lease agreement for the home located at 207 S. 2nd Street, Ozark, Missouri with Joyce Lowther for a 1 year term beginning January 19,2012, for $ 400.00 per month. Lou Lapaglia seconded the motion. The motion passed by vote: Lou Lapaglia (Yes), Bill Barnett (Yes), Tom Huff (Absent). The lease amount remained tile same as the previous year. The Commission signed the lease agreement. 3:00 p.m. Order to Place Issues on the Ballots The meeting was attended by Commission Secretary Julia Maples, Prosecuting Attorney Amy Fite, Captain Brian Cathey, Ozark Alderman Eddie Campbell, Auditor Sam Yamell, Circuit Clerk Barb Stillings, Phil Amtower Emergency Management Administrator, Sheriff Joey Kyle, Blanca Mallonee, Donna Osborn of January 19, 2012 1 e Ai the Christian County Headliner News and Donna Baxter of the Springfield Newsleader. Presiding Commissioner Lou Lapaglia and Western Commissioner Bill Barnett met to approve the order to place the tax issues on the 2012 April ballot. After months of consideration this commission recognized that the County has grown by 42% and need to expand the Judicial Center is necessary to serve the county citizens. It is the Commission's responsibility to inform the citizens ofthe actions needed to take the county forward and to insure that the General Revenue Fund can sustain the operations of the county. Eddie Campbell asked how many more deputies will be on the street? Presiding Commissioner Lou Lapaglia said that we won't know how many extra deputies can be on the street until the money is available. SheriffKyle stated that housing Federal Prisoners provides a substantial source of revenue that funds the judicial facility and County Law Enforcement. The Prosecuting Attorney Amy Fite, SheriffKyle, Circuit Clerk Barb Stillings, and the Emergency Management Administrator agreed that the Justice Center is inadequate to handle the current work flow and the funding is needed for the County to manage the growing number of prisoners in the jail and to process them through the court system. Motion/Vote - Order the County Clerk to PIace the Two Tax Issues on the April BalIot Western Commissioner Bill Barnett made a motion to order the Clerk to place the two tax issues on the April ballot. Lou Lapaglia seconded the motion. The motion passed by vote: Lou Lapaglia (Yes), Bill Barnett (Yes), Tom Huff (Absent). Court Order - 01-19-2012-1 - Ballot Order of Two Tax Issues ORDER NO: 01192012-1 ORDER OF THE CHRISTIAN COUNTY COMMISSION OZARK, MISSOURI DATEISSUED: January 19, 2012 SUBJECT: Proposed Continuation of existing One-quarter (1/4) of One Percent Sales Tax for Law Enforcement Services and a Proposed Additional One-quarter (1/4) of One Percent Sales Tax for Law Enforcement Capitat I Improvements to the County Justice Facility WHEREAS, on the 4th day of April, 2000, the voters approved a one-quarter (lM) of one percent (1%) sales tax to provide judicial facilities for a period of fifteen (15) years from the date on which such tax is imposed or until all bonds issued for the construction of the facilities are paid, whichever occurs first, at which time the tax will be reduced to one-sixteenth of one percent and be used to operate and maintain the law enforcement services of the County: and WHEREAS, the Christian County Commission on this 191hday January, 2012, at a meeting duly called, noticed, and hetd, considers the matters of the continuation of the one-fourth of one percent sales tax for law enforcement January 19,2012 2 6 f services by extending such tax beyond the term authorized by voters on Apri14,2000, subject to voter approval; and WHEREAS, the Christian County Commission and other County officials believe it is necessary to acquire additional land and construct improvements to the County Justice Facility and construct additional law enforcement facilities and furnish and equip the same for the purpose of providing law enforcement services within the County and that said capital improvements be funded with a voter approved additional county'wide sales tax at the rate of one-quarter (1/4) of one-percent (1%); and WHEREAS, pursuant to the Revised Statutes of the State of Missouri, Section 67.582, the governing body of any county is authorized to impose a sales tax of up to one--hatf (1/2) of one percent (1%) on ati retail sales subject to the provisions of Section 144.010-144.525, RSMo., forthe purpose of providing law enforcement services within the County: and WHEREAS, pursuant to the Revised Statutes of the State of Missouri, Section 67.700 the governing body of any county is authorized to impose a sales tax of up to one--half (1/2) of one percent (1%) on all retail sales subject to the provisions of Section 144.010-144.525, RSMo., for any capital improvement purpose designated by the county in its ballot of submission to voters; and WHEREAS, the Christian County Commission and other County officials believe it is vital and appropriate that law enforcement facilities and services be safely and effectively provided in Christian County. NOW, THEREFORE, on motion duly made and seconded, the question was called and Commissioner Barnett voted *yes", Commissioner Huff was absent, and Presiding Commissioner Lapaglia voted "yes". Therefore, it is Ordered by the Christian County Commission that an election shall be called and held on Apri!3,2012, to approve the continuation of a one-quarter (1/4) of one percent (196) sales tax for the purpose of providing law enforcement services in the County and the imposition of an additional one-quarter (1/4) of one percent (1%) sales tax for the purpose of acquiring land and constructing additions and improvements to the County Justice Facility and furnishing and equipping the same. IT IS FURTHER ORDERED, the ballot shall contain the following propositions: Question 1: "Shall the County of Christian, Missouri, continue to impose the existing countrwide law enforcement sales tax of one-founh of one percent by extending such tax beyond the term authorized on April 4,2000, for the purpose of providing law enforcement services for the County?" [ I YES [ ] NO If you are in favor of the question place an X in the box opposite ·Yes·. If you are opposed to the questions, place an X in the box opposite "Not" Question 2: 'Shall the County of Christian, Missouri, Impose an additional county-wide sales tax of one-fourth of one percent for the purpose of providing funding for law enforcement related capital projects including acquiring land and constructing additions and improvements to the County Justice Facitity and furnishing and equipping the same? [ ] YES I I NO If you are In favor of the question place an X in the box opposite Yes: Ifyou are opposed to the questions, place an X in the box opposite 'No"." IT IS FURTHER ORDERED, the Christian County Clerk take all steps necessary to advertise and properly submit each of the two ballot propositions set forth above to the voters at the election on Apri13,2012. IT IS FURTHER ORDERED, if approved by voters, in accordance with Section 67.582, RSMo., and 67.700 RSMo., all revenues received by the County shall be deposited in a special trust fund known as the "County Law Enforcement Sales Tax Trust Fund", and all expenditures from such funds shall be solely for the purpose of providing law enforcement services and funding capital improvements to the County Justice Facility within Christian County. IT IS FURTHER ORDERED, that a copy of this Order shall be filed in the Office of the Christian County Clerk before 5:00 p.m. this date. January 19, 2012 R .,1 , Done this 19th day of January, 2012. CHRISTIAN COUNTY COMMISSION 1-19-2012 Lou Lapaglia Presiding Commissioner 1-19-2012 Bitl Barnett Commissioner, Western District ABSENT ABSENT Tom Huff Commissioner, Eastern District ATTEST: Kay Brown County Clerk c Siggtures 11-XA U *ommissioner January 19,2012 4 14. -JA Christian County Commission January 23, 2012 Convene Presiding Commissioner Lou Lapaglia called the meeting of the County Commission to order at 8:55 a.m. on January 23, 2012 at the County Commission Office. Attendance: Lou Lapaglia, Present: Bill Barnett, Present: Tom Huff, Absent.County Clerk Kay Brown is taking the minutes. 9:00 a.m. Common 1 Road District Re: Surplus Equipment Discussion The meeting was attended by Commission Secretary Cheryl Mitchell and Common 1 Road District Supervisor Richard Teague. Presiding Commissioner Lou Lapaglia and Western Commissioner Bill Barnett met with Common 1 Road Supervisor Richard Teague to have a discussion regarding surplus equipment that is not currently in use by the road district. Mr. Teague has placed notices in the newspaper to sell the surplus equipment and no bids were received. Mr. Teague suggested selling the equipment as scrap metal or enter it in the equipment auction in the spring. The county is trading in a used dump bed from the Common 2 Road District to get a trailer sand blasted. There was also discussion about diesel fuel tanks, water truck, and a utility bed. Presiding Commissioner Lou Lapaglia suggested that we sell any equipment that is not being used. Western Commissioner Bill Barnett suggested that the diesel fuel tanks be stored at the Common 2 Road barn in case the country was called to war and we would need the stored fuel. The fuel tanks would bring veof little money if sold for scrap metal. Mr. Treague said the water truck is in need of repairs such as brakes, water pump, a possible transmission. Western Commission Bil! Barnett suggested keeping the water truck because it wouldn't bring much money. Presiding Commissioner Lou Lapaglia said that we will revisit the issue on May 1, 2012. 9:30 a.m. Shirley McCudden - SB 40 Board Re: Update on Senate Bill 40 Activities The meeting was attended by Commission Secretary Cheryl Mitchell, County Auditor Sam Yarnett and Planning and Zoning Administator Todd Wiesehan. Presiding Commissioner Lou Lapaglia and Western Commissioner Bill Barnett mel with Shirley McCudden, Annette Bainey and Eric Peterson, of the Senate Bill 40 Board. Ms. McCudden presented a copy of the 2012 budget for review. She said that Edith Burke will be retiring. Mr. Peterson suggested having individuals with a diversity ofbackgrounds which coutd be beneficial for the board. Ms. McCudden said she was glad that Eric Peterson is serving on the board because he speaks up. She said that the board members are required to have a relative that is disabled. Ms. McCudden said that the case management program has grown from 142 cases to 169 and will continue to increase with the county's population growtli. Presiding Commissioner Lou Lapaglia asked how does the county compare with surrounding counties for the number of special education children. Do we have a higher number per capita compared to the surrounding county's? Mr. Peterson said that the board is looking at increasing awareness of the Senate Bi1140 board in the community especially now that there is an office. Ms. McCudden said they are also looking at guardianship and assisted living arrangements for grown January 23,2012 1 1 t "e 1 children versus placing them in a facility that is run by the state. Presiding Commissioner Lou Lapaglia said it is important that the citizens have their independence which will keep their self worth ifthey can live in an assisted living community. Ms. McCudden said they are also looking at guardianship and assisted living arrangements for grown children versus placing them in a facility that is run by the state. Mr. Peterson said that the board is looking at future core business such as filling packages of heirloom seeds. There are nine members on the Senate Bi1140 Board and they anticipate having an executive director hired by July 1, 2012. 10:45 a.m. Ken Davis - Public Administrator Re: Software Purchase Discussion The meeting was attended by Commission Secretary of Cheryl MitchelI and Auditor Sam Yarneli. Presiding Commissioner Lou Lapaglia and Western Commissioner Bill Barnett met with Public Administrator Ken Davis to discuss a software purchase. He said they are having problems with the current software and the person that created the software program is no longer supporting the software. The Public Administrator recently purchased new equipment and the software is not able to update to the new hardware. The new system is $ 3,800.00 which includes software, set up, data import and one year maintenance agreement. After the first year the annual maintenance agreement is 6 800.00 versus the prior software support of$ 375.00 per year. The new software is compatible with the computers. The software is from the state of Oregon and there are many Public Administrators that use this software. His entire office currently works off the old system but it will soon be obsolete. County Auditor Sam Yarnell said this is a crisis situation because of all the clients that the Public Administrator serves. Currently, the Public Administrator does not have the money in his budget to cover this purchase but this was unforeseen when the budget was laid down. Presiding Commissioner Lou Lapaglia said that Ken has made his case and agrees that it must be purchased. Motion/Vote - Approve the Public Administrator's Software Purchase Western Commissioner Bill Barnett made a motion to approve the software purchase of$ 3,800.00 to enable the Public Administrator to continue the work he does for his clients. Lou Lapaglia seconded the motion. The motion passed by vote: Lou Lapaglia (Yes), Bill Barnett (Yes), Tom Huff(Absent), Motion/Vote - 3:00 p.m. Approve the Lease Agreement for Christian County Emergency Services Western Commissioner Bill Barnett made a motion to approve the lease agreement with the Christian County Emergency Services for $ 1,685.76 per month. or for an annual payment of$ 20,229.12. Lou Lapaglia seconded the motion. The motion passed by vote: Lou Lapaglia (Yes), Bill Barnett (Yes), Tom Huff(AbsenO. The meeting was attended by Ranee Duffy, Director ofthe Christian County Emergency Services. The Commission signed the lease agreement and willlook at next September 1,2012, for a renewal agreement. Signatgges -C /91 M-··423- 0 Januad, 23,2012 Christian County Commission January 25, 2012 Convene Presiding Commissioner Lou Lapaglia called the meeting of the County Commission to order at 8:30 a.m. on January 25,2012 at the County Commission Office. Attendance: Lou Lapaglia, Present: Bill Barnett, Present: Tom Huff, Absent. County Clerk Kay Brown is taking the minutes. 8:30 a.m.Glen Pace- Human Resources Re: Salary Matrix Discussion The meeting was postponed because Mr. Pace was unable to attend. The meeting will be rescheduled to a later date. COURT ORDER State ofMissouri }SS. County ofChristian In the Christian County Commission of said County, on the 23rd, day of January 2012, the following, among other proceedings, were had, viz: The Treasurer is hereby ordered to transfer the sum of$ 104,395.41 from the County Revenue Cart Fund to the following: BRIDGE $ 15,659.31 ROAD DISTRICTS COMMON ROAD #1 $31,181.86 COMMON ROAD #2 $ 30,596.21 BILLINGS SPECIAL $ 10,834.68 GARRISON SPECIAL $ 2,236.15 OZARK SPECIAL $ 8,758.25 SELMORE SPECIAL $ 3,460.71 S. SPARTA SPECIAL S 1,055.96 STONESHIRE SPECIAL $ 612.28 ures vLoLapagli*resiblnCorissioner January 25, 2012 1 % Christian County Commission January 26, 2012 Convene Presiding Commissioner Lou Lapaglia called the meeting of the County Commission to order at 9:00 a.m. on January 26, 2012 at the County Commission Office. Attendance: Lou Lapaglia, Present: Bill Barnett, Present: Tom Huff, Absent.County Clerk Kay Brown is taking the minutes. Motion/Vote - 9:25 a.m. Approve the January 19, 2012 Minutes Western Commissioner Bill Barnett made a motion to approve the January 19,2012 minutes. Lou Lapaglia seconded the motion. The motion passed by vote: Lou Lapaglia (Yes), Bill Barnett (Yes), Tom Huff (Absent). The meeting was attended by Commission Secretary Julia Maples and SheriffJoey Kyle. 9:30 a.m.. Sheriff Kyle Re: Staffing and Training Facilities Discussion The meeting was attended by Commission Secretary Julia Maples and Captain Brian Cathey. Presiding Commissioner Lou Lapaglia and Western Commissioner Bill Barnett met with Sheriff Kyle and Captain Brian Cathey to discuss the office space that is leased from Bob Forest Rental Properties. The current lease is $ 700.00 a month or $ 8,400.00 per year. This office space saves training expenses for the County by keeping the deputies here and not incurring costs for out of town training. The state requires 48 hours of training for each officer and by having this additional facility the officers can be trained on site which saves approximatley $ 1,200.00 per officer. Also the facility allows the Sheriff's Department to host training for other counties. Sheriff said they are starting to see the benefits and the complaints have significantly decreased. There was also discussion about the Sheriff's need to replace two employees. The Sheriff would like to hire a deputy to patrol the roads now and hire the other replacement by the end of July. The Commission will take another look at the end ofJuly to consider hiring the second employee. Motion/Vote - Approve the Lease Payment for Office Space Western Commissioner Bill Barnett made a motion to approve the $ 8,400 annual payment for office space to train the deputies. Lou Lapaglia seconded the motion. The motion passed by vote: Lou Lapaglia (Yes), Bill Barnett (Yes), Tom Huff (Absent). Motion/Vote - Approve an Increase of Two Employees Western Commissioner Bill Barnett made a motion to approve two employees to be hired by the Sheriff's Department. One employee will be hired now at $ 28,000.00 plus benefits and the other employee will not be reviewed till the end of July. Lou Lapaglia seconded the motion. The motion passed by vote: Lou Lapaglia (Yes), Bill Barnett (Yes), Tom Huff(Absent). Signatures (-7*234 issioner Loty[apaglia/Presibi C m January 26,2012 1 1 4· 4.1 13: ,)1 Christian County Commission January 30, 2012 Convene Presiding Commissioner Lou Lapaglia calIed the meeting of the County Commission to order at 9:00 a.m. on January 30,2012 at the County Commission Office. Attendance: Lou Lapaglia, Present: Bill Barnett, Present: Tom Huff, Absent.County Clerk Kay Brown is taking the minutes Motion/Vote - 9:55 a.m. Approve the January 23, 25, and 26, 2012 Minutes Western Commissioner Bill Barnett made a motion to approve the minutes for January 23, 25, 26,2012 minutes. Lou Lapaglia seconded the motion. The motion passed by vote: Lou Lapaglia (Yes), Bill Barnett (Yes), Tom Huff(Absent). The meeting was attended by Commission Secretary Julia Maples, Cindy Bilyeu, Keith Hartman, 10:00 a.m. Christian County Health Department Re: Order to Adopt Food Code The meeting was attended by Commission Secretary Mr. and Mrs. Bob Estep, Keith Hartman, Mr. John Dollarhite, Ms. Petra McCoy, Mr. Bob Palmer, Michael Wadell, Christina Tonsing, Todd Wiesehan Planning and Zoning Administrator, Treasurer Karen Matthews, Jonica Hope, Charles Powell, Bryan Haugen and Cindy BiIyeu, Christian County Health Department and Mike Wasson, Presiding Commissioner Lou Lapaglia and Western Commissioner Bill Barnett met with Cindy Bilyeu for an addendum to the current food code. This is a clarification of the existing food ordinance. Presiding Commissioner Lou Lapaglia Lou asked if there were any significant difference in this food code from the prior food code. Bryan Haugen said that the amended code allows for an operating license for up to four months. The code also makes references to raw milk with and without Grade A. The county's food code is based on the state's code. Mr. Mike Wasson asked how the Health Department is funded. Cindy Bilyeu responded that the Health Department is funded through federal, county, and local dollars. Mr. Haugen said this is an update from the 2007 to the 2009 food code. Mr. Haugen said the food code pertains to selling processed food to the public. Christina Tonsing asked ifthe food code would prohibit her from purchasing eggs or tomatoes from a neighbor. There was also discussion about fundraisers that serve food for non-profit organizations. If a church were to have a dinner and the guests are not charged a fee than no permit is required. Mr. Haugen read the food code to the audience. Mr. Palmer asked what freedoms this food code will cost him. Mr. Powell said there is nothing that is changing the food code that is not in force today. Food that is prepared for a church bake sale should have a sign posted that says "prepared in a private home kitchen". January 30,2012 1 *11 f It. Presiding Commissioner Lou Lapaglia stated that the county must follow the rules handed down from the State ofMissouri. Keith Hartman asked to see the food code. Presiding Commissioner Lou Lapaglia replied that the food code would be available for review in the County Clerk's office. Presiding Commissioner Lou Lapaglia said the County is required by the state to adopt the food code by the County Health Department. Keith Hartman asked about mandates for farmer's markets. Mr. Haugen said the definition of food establishments and food code has grown over the past decade because it is more than food being sold offthe back ofthe truck or at a fruit stand. The definition of food establishments and farmer's markets has grown and include more prepared food that is sold for public consumption. Michael WardeII of Oscar Ribs, allows his neighbors that need a temporary permit to use his permit as a licensed. Motion/Vote - Adopt the Christian County Health Department Food Code Western Commissioner Bili Barnett made a motion to adopt the Christian County Health Department food code. Lou Lapaglia seconded the motion. The motion passed by vote: Lou Lapaglia (Yes), Bill Barnett (Yes), Tom Huff (Absent). Court Order - 01-30-12-01 - 2011 County Food Code CHRISTIAN COUNTY HEALTH DEPARTMENT AN ORDER REGULATING THE OPERATION OF FOOD ESTABLISHMENTS AND PROVIDING PENALTIES IN THE COUNTY OF CHRISTIAN, STATE OF MISSOURI An order governing the operation of food establishments within Christian County requiring certain permits for operations and providing penalties thereof. It is hereby ordered by the Christian County Health Department Board of Trustees and the Christian County Commission as follows: Authority: Section 192.300, RSMo 1986. The county commissions and the county health center boards of the several counties may make and promulgate orders, ordinances, rules or regulations, respectively as will tend to enhance the puttic health and prevent the entrance of infectious, contagious, communicable or dangerous diseases into such county, but an orders, ordinances, rules or regulations shall not be in conflict with any rules or regulations authorized and made by the department of health in accordance with this chapter or by the department of social services under Chapter 198, RSMo. The county commission and the county health center board of trustees may establish reasonable fees to pay for any costs incurred in carrying out such orders, ordinances, rules or regulations, however, the establishment of such fees shall not deny the personal health services to those individuals who are unable to pay such fees or impede the prevention or control of communicable disease. Section 1: Definitions 1.1 As used in this order the following words and phrases have the following meaning: January 30,2012 2 1 P A) Code: Is the most recently adopted Food Code by the Christian County Health Department Board of Trustees and is based on the current Missouri Food Code as adopted by state statute, which is based on the U.S. Department of Health and Human Services Public Health Service, Food and Drug Administration Food Code. B) Department: The Christian County Health Department CD Food Establishment: An operation as defined in the Code as a food establishment and excludes operations defined in the code as "not a food establishment". "Temporary food establishment" means a food establishment that operates for a period of no more than 14 consecutive days in conjunction with a single event or celebration. "Seasonal food establishment" is an estabtishment that serves, prepares or provides food at the retail level fora time period of not more than 4 months. A seasonal food establishment does not have to be associated with an event. A seasonal food establishment must meet the requirements of the code. "Not a Food Establishment" In addition to the definition found in the code, the following are defined as not meeting the definition of a food establishment. Churches or other non-profit organizations where the food service is limited to members and their guests and there is no charge to dine. Diners must be informed by a clearly visible placard that the food is prepared in a kitchen that is not subject to regulation and inspection by the depanment. Food establishments and food processing facilities that are routinely inspected by the FDA, USDA, Division of Aging, Missouri Department of Health & Senior Services, Missouri Department of Agriculture, or other federal or state regulatoty agency having jurisdiction over those types of establishments are not considered "Food Establishments" for regulation under the code unless retail food sales/ service are conducted. D) Health Officer: The Administrator of the Christian County Health Department or an authorized representative. E) Imminent Health Hazard: Means a significant threat or danger to health. This is considered to exist when there is evidence sumcient to show that a product, practice, circumstance, or event creates a situation that requires immediate correction or cessation of operation to prevent injuty. F) Permit: A written authorization issued by the Christian County Health Department which authorizes a person to operate a food establishment, temporary food establishment or seasonal food establishment. G) Raw Dairy Products: Means any dairy product that is not pasteurized or does not undergo some other type of process approved in the current FDA Grade A Pasteurized Milk Ordinance to remove infectious agents. H) Remodel: Means construction, conversion, or modifications which involve changing the location, replacement, or installation of major plumbing fixtures and food equipment ancVor food contact surfaces of counters and/or the construction or replacement of walls, floors, and ceilings in food preparation areas. 1) Work Order: A form used in the enforcement process when an establishment has failed two concurrent reinspections, an Imminent Health Hazard exists or the stipulations identified under Section 9, Automatic Closure have been met. This document is a bridge between voluntary compliance and compulsory compliance through legal action. 1.2 All other definitions as listed in the Food Code of the United States Pubtic Health Service Food and Drug Administration most recently adopted by the Missouri Department of Health & Senior Services and the Christian County Health Department Board of Trustees by reference. Section 2: Adoption The Christian County Commission hereby adopts the State standard as defined in Missouri Laws accompanied by Department of Health and Senior Services Rules governing Food Establishments and 19 CSR 20-1.023 Sanitation of Food Establishments with the following exceptions: 2.01 All Food Establishments shall be required to obtain an operating permit from the Department. 2.02 Permits may be revoked or suspended by the Depanment. Reason for suspension gr revocation may include January 30,2012 3 4 1 violation of the food order or code, scoring a 60 or less with 6 critical violations on a routine inspection or creating an imminent threat to the public. This may include failure to correct items listed on the work order or during time frame given by the authorized representative, failure to properly obtain operating permit, not removing emptoyees who have a disease or medical issue that may cause a communicable disease outbreak, or does not have the proper physical facilities or equipment to operate a food establishment. 2.03Any food establishment that has failed to correct repeat critical violations noted on two consecutive follow-up inspections or complaint inspection shall be issued a work order. The correction time on a work order shall be no more than thirty (30) days. If the issues noted on the work order are not corrected in the time given then the operating permit will be suspended or revoked. 2.04 Any food establishment that has had its permit revoked or suspended will be closed for business until the condition leading to the closure has been corrected. The food establishment will provide 24 hours notice for the Department to schedule the inspection. Once the department has inspected and verified that corrections have been made, approval may be granted by the department for the establishment to reopen for business. Also reference section 9.2 for food handlers training. 2.05 Raw dairy products shall not be sold and,for served, nor orders taken for, at food establishments except as outlined in 2.05 (A), (B) and (C).. A) Grade Araw milk and dairy products may be sold and delivered by person(s) possession a Grade A retail raw milk permit from the State Milk Board and a food permit from the department, and the seller is the individual actually producing the food or an immediate family member residing in the producers household and having extensive knowledge of the process and production of the food. B) A placard is prominently visible at the point ofsale stating 'WARNING Raw(unpasteurized) milk and raw milk dairy products may contain disease-causing microorganisms. Persons at highest risk of disease from these organisms Include newborns and infants, the elderly, pregnant women, those taking corticosteroids, antibiotics or antacids, and those having chronic illnesses or other conditions that weaken their immunity." A minimum size of 8.5"Xll". C) The code shall be applied to the sale and delivery of Grade A Retail raw milk and dairy products. This includes, but is not limited to, physical facilities, temperature controls for transportation and sale, labeling and consumer advisories, food handlers training and all other applicable sections of the code. The consumer advisory will state, "WARNING": Raw (unpasteurized) milk and raw milk dairy products may contain disease-causing microorganisms. Persons at highest risk of disease from these organisms inctude newboms and infants, the elderly, pregnant women, those taking corticosteroids, antibiotics or antacids, and those having chronic illnesses or other conditions that weaken their Immunity: And be affixed to the product container.. D) Producers of retail raw dairy products may sell and take orders for their product at the physical farm location where the products are produced and may deliver the product to the clients domicile. The processing of raw dairy products shall be referred to the rules and regulations administered and enforced by the Missouri Department of Agriculture andor the Missouri Milk Board except as provided in this order. 2.06Abatement orders shall be delivered in person or by certified mail and shall be served to the owner, operator, or person-in-charge. 2.07 All mobile food units shall be required to meet the requirements of the food code. If the mobile food unit is a pushcart then the owner or operator will need to have a structure to store the unit. The physical facility shall meet all of the requirements of the food code. 2.08 All new food establishments or establishments undergoing a remodel or transfer of ownership shall be required to complete a plan review and have an approved pre-opening inspection before an operating permit is issued by the Department. 2.9 Operating permits shall be posted in such a manner so that the permit may be viewed by the public. 2.10 Owners, operators, managers, and/or the person-in-charge shall be required to attend an approved food safety program at least every two years. 2.11 Facilities that require more than two re-inspections following a routirie or complaint inspection may be charged a re-inspection fee. 2.12 Facilities that are thirty (30) days past the due date on the submittal of operating permit fees may be charged a late fee. Section 3: Permit Applications 3.1 Requirements: A person may not operate a food establishment, temporary food establishment or seasonal January 30,2012 4 food establishment without a valid permit to operate issued by the department. 3.2 Applications: A) An applicant shall submit an application for permit in a timely manner before the date planned for opening a food establishment or the expiration date of the current permit for an existing establishment. B) A person desiring to operate a food establishment shall submit to the department a written application for a permit on a form provided by the department. C) The application shall include: 1) The name, address, telephone number and signature of the person applying for the permit and the name, mailing address and location of the food establishment. 2) Information specifying whether the establishment is owned by an association, corporation, individual, partnership, or other legal entity. 3) A statement signed by the applicant that attests to the accuracy of the information provided in the application. 4) A statement specifying the type of operation. 5) The foods offered, the source of the food and type and location of preparation. Section 4: Issuance of Permits 4.1 New, Converted, or Remodeled Establishments: The department shall issue a permit to the applicant after: A) A properly completed application is submitted. B) The required fee is submitted. CD) The required plans, specifications, and other specific information as requested to demonstrate conformance with code provisions are reviewed and approved. D) Approval from the appropriate regulatory agencies. (For example: County Planning and Zoning and City Building Regulations, Missouri Department of Natural Resources) E) A preoperational inspection showing that the establishment is built or remodeled in accordance with the approved plans and specifications and that the establishment is in compliance with the code and this order. 4.2 Existing Establishments, Permit Renewal, and Change of Ownership: The department may renew a permit for an existing food establishment or may issue a permit to a new owner of an existing food establishment after a properly completed application is submitted, reviewed, and approved, the fees are paid, and an inspection shows that the establishment is in compliance with the code and this order. 4.3 Temporary Food Establishments: The department shall issue a permit for a temporary food establishment after a properly completed application is submitted, reviewed and approved and any required fees are paid. Seasonal Food Establishments: The department shall issue a permit for a seasonal food establishment after a properly completed application is submitted, reviewed and approved and any required fees are paid. At the discretion of the department a plan review may be required along with a pre-operation inspection. 4.4 Permits Not Transferable: A permit may not be transferred from one person to another person, from one food establishment to another, or from one type of operation to another. 4.5 Denial of Apptication for Permit, Notice: If an application for a permit to operate is denied, the department shall provide the appticant with a notice that January 30,2012 5 :% inctudes: A) The specific reasons and Code violations for the permit denial. B) The actions, if any, that the applicant must take to qualify for a permit. C) Advisement of the applicanfs right of appeal and the process and time frames for appeal that are provided for under this order. 4.6 A permit issued pursuant to this order shall be valid for a period of one year from the date of issuance. 4.7 Permit Fees: Inspection fees shall be collected for each permit issued. Training fees shall be collected for each training session, and fees shall be collected for additional training material as necessary. The amount of these fees shall not be more than the cost of administrating this ordinance. Section 5: Responsibilities of the Permit Holder 5.1 Upon acceptance of the permit issued by the department, the permit holder in order to retain the permit shall: A) Post the permit in a location in the facility that is conspicuous to consumers. B) Comply with the provisions of the regulations, rules, and orders of the department and shall operate the establishment in accordance to this ordinance including the conditions of any granted variance and approved plans as specified in this ordinance. C) Sign the acknowledgment of receipt of inspection findings. D) Immediately contact the department to report a communicable illness of an applicant or employee as specified in the code. E) Immediately discontinue operations and notify the department if an imminent health hazard may exist. F) Comply with directives of the department including time frames for corrective actions specified in inspection reports, notices, orders, warnings, and other directives issued by the department in regard to the permit holder's food establishment or in response to community emergencies. G) Accept notices issued and served by the department according to this ordinance. H) The permit holder shall be the person in charge or shall designate such a person and shall assure that a person in charge is present at the food establishment during all hours of food preparation, service, sales, transportation or other such types of food handling. I) Trained food handlers. The food establishment must have at least one trained food handler per shift of operation. Food handler training may be either through a nationally accredited program as defined in the code, or through compliance with the Department's food handler training curriculum. J) Allow representatives of the Department, bearing proper credentials and identification, access to the food establishment for the purpose of inspection and investigation in accordance with this ordinance Section 6: Responsibilities of the Department 6.1 At the time the initial permit is issued to a food establishment, the department shall provide to the permit holder one copy of the code and the order so the permit holder is notified of the compliance requirements and the conditions of retention. Section 7: Inspections January 30,2012 6 ,L 7.1 All inspections shall be conducted by an Environmental Public Health Specialist or other designated employee of the Christian County Health Department. The department shall inspect a food establishment at least annually. Frequency of complaint and compliance inspections will be determined by the department. Section 8: Restriction or Exclusion From Food Handling 8.1 Any food handler who tests positive for a communicable disease identified in the code as reportable, shall be restricted or excluded from a food handling procedure until the disease is no longer in the communicable stage. The determination that the communicable stage has lapsed shall be confirmed by the nursing staff of the department in accordance with Missouri Department of Health's "Communicable Disease Manuar'and the code. The Department's nursing staff may consult with the Missouri Department of Health & Senior Services, at their discretion. Section 9: Automatic Closure 9.1 Any food establishment that scores 60 or less and has at least 6 critical items marked on the inspection sheet shall automatically and immediately cease operations until such time as the critical items are determined, by re-inspection, to be corrected. A re-inspection will occur on the mutually agreed upon date, but no sooner than after the establishment has provided 24 hours notice. A permit holder shall immediately discontinue operations and notify the regulatory authority if an imminent health hazard may exist because of an emergency such as a fire, flood, extended interruption of electrical or water service, sewage backup, misuse of poisonous or toxic materials, onset of an apparent food borne illness outbreak, gross unsanitary occurrence or condition, or other circumstances that may endanger public health. The establishment shall also be closed immediately in the event an imminent health hazard is determined during any inspection being performed by a Christian County Health Department Environmental Public Health Specialist. 9.2 The permit holder for a food establishment that is served an automatic closure order shall renew their basic food handlers training or obtain certification from an accredited program as defined in the code. Section 10: Penalties 10.1 Any person found to be violating any provision of this order shal! be served by the Department with a written notice, via certified mall, or in person, stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanentty cease all violation. 10.2Any person who continues a violation beyond the time limit provided for in Sectiong.1, shall be guilty of an infraction and upon conviction thereof shall be assessed an administrative penalty in an amount not exceeding Two Hundred and No/100 Dollars ($200.00) per day for each violation. Each day in which any such violation does continue shall be deemed a separate offense. 10.3 The Christian County Health Department may issue an "Order to Abate" based on a condition that may transmit, generate, or promote disease. Failure on the part of the person to comply with the Order could result in the enforcement of the Order in the court of jurisdiction by the initiation of an action by the county attorney or county prosecuting attorney. 10.4 Any person violating any of the provisions of this section shall become liable to the Department for any expense, loss or damage incurred by the Department by reason of such violation. Section 11: Appeals 11.01 Any person(s) aggrieved by any decision or order(s) issued by the Director of the Department may appeal to the Board of Trustees of the Department by filing a written application with the Health Officer within thirty GO) days after such decision or order is issued which is the subject of the appeal. 11.02 Upon the Health Officer's receipt of such request, the Board of Trustees of the Department shall hear the matter In an open hearing after at least five (5) days written notice of the time, place and nature thereof. The time shall be measured pursuant to the Missouri Rules of Civil Procedure, (A shorter period of time may be granted, If requested by either party and agreed upon.) 11.03 The Notice of the hearing shall be served upon the person requesting the review by hand delivering or January 30,2012 7 k. 4 mailing by certified mail the Notice to the address the person shall designate in the letter of request for an appeal to the Department's Board of Trustees. 11.04 The Board of Trustees of the Department shall conduct an appeal hearing in accordance with the Board of Trustee's adopted rules and procedures. The Board of Trustees shall make written findings of fact and shall enter its final order of determination in the matter in writing. The Board of Trustees' Order completes the administrative appeals procedure. Section 12: Jurisdiction The regulations contained in this ordinance shall be applicable to all food establishments located in unincorporated areas of Christian County, Missouri. This order shall also apply to food establishments located in incorporated cities or areas of Christian County not maintaining an organized health department and do not have inspection contract(s) with the Missouri Department of Health and Senior Services, Section 13: Effective Date This order shall become effective on that date that it is acted upon and ordered by the Christian County Commission. Section·14: Severability 14.1 If any section, clause, or phrase of this ordinance is, for any reason, held to be invalid by any court of competent jurisdiction, such decision shall not affect the remaining portions of this order. CHRISTIAN COUNTY HEALTH DEPARTMENT President of the Board of Trustees Enacted this Date: January 30, 2012 CHRISTIAN COUNTY, COMMISSION Presiding Commissioner Lou Lapaglia Date: 1/30/2012 Western Commissioner Bill Barnett Date: 1/30/2012 Eastern Commissioner Tom Huff ABSENT Date: 1/30/2012 County Clerk Kay Brown Datel/30/2012 APPROVED AS TO FORM: John W. Housley, County Counselor 10:50 a.m. Todd Wiesehan - Planning and Zoning Re Right of Way Deeds Tuckaway Subdivision The meeting was attended by Commission Secretary Cheryl Mitchell John Dollarhite, Robert Palmer, Mike Wasson, Presiding Commissioner Lou Lapaglia and Western Commissioner Bill Barnett met with Todd Wiesehan, Administrator of the Planning and Zoning Department to approve the Right-of-Way Warranty Deeds for the following roads in the Tuckaway Subdivision :Allenbrook Road, N. Gregory Road, N. Hollysprings, Ave. W. Evanbrook, N. Brookhollow Drive, N. Seabrook Drive. Mr. Wiesehan said that the two years have passed and the roads have been inspected by the Common 2 Road District and they meet the county's road standards. Mr. Palmer asked if there was a tax levy to assist with the maintenance of the roads. Presiding Commissioner Lou Lapaglia stated that the County does not have a levy for road maintenance. The County is funded through sales tax, January 30,2012 8 6 4 : la 4©4 Motion/Vote - Accept the Roads in the Tuckaway Subdivision Road into the County Road District Western Commissioner Bill Barnett made a motion to accept the Roads in the Tuckaway Subdivision Road into the Common 2 Road District for maintenance. Lou Lapaglia seconded the motion. The motion passed by vote: Lou Lapaglia (Yes), Bill Barnett (Yes), Tom Huff(AbsenO. Ordinance - 1-30-12-02 - Acceptance of Roads of Tuckaway Subdivision -Common 2 The County Commission approved and signed the Right-of-Way Warranty Deeds for the acceptance of the roads in the Tuckaway Subdivision into the Common2 Road District. The Granter is Morelock-Ross Properties, L.L.C. and signed by President Wayne D. Morelock, President. County Clerk Kay Brown attested the deed. 1:30 p.m. County Auditor Sam Yarnell Re: Signing of 2012 Budget The meeting was attended Commission Secretary Cheryl Mitchell and Assessor David Stokely. Presiding Commissioner Lou Lapaglia and Western Commissioner Bill Barnett met with County Auditor Sam Yamell to sign for the 2012 county budget. 4:15 p.m. Karen Matthews Treasurer Re: Title III Funds The meeting was attended by Commission Secretary Cheryl Mitchell. Presiding Commissioner Lou Lapaglia and Western Commissioner Bill Barnett met with Treasurer Karen Matthews to discuss the Title III funds. Treasurer Karen Matthews said that we have expended all the Title III funds for 2011 and a report of the funds must be certified by February 1, 2012. The funds were expended for fire wise programs for $ 44,740.55 and $ 1,316.06 foremergency services in the Mark Twain Forest by the Chadwick Fire Department. The total funds expended are $ 46,056.61. The Treasurer anticipates the county recieving $ 16,000.00 in Title III funds for the 2012 year. Motion/Vote - 4:15 p.m. Certify the Expenditures for Title III Funds Western Commissioner Bill Barnett made a motion to approve and certify the expenditures for Title III funds. Lou Lapaglia seconded the motion. The motion passed by vote: Lou Lapaglia (Yes), Bill Barnett (Yes), Tom Huff(Absent). Presiding Commissioner Lou Lapaglia signed the Title III funds. Signltures (90(25ELapaglia>si,ligo Commissioner V February 06,2012 6 i;l 24 Christian County Commission February 09, 2012 Convene Presiding Commissioner Lou Lapaglia called the meeting of the County Commission to order at 9:55 a.m. on February 9,2012 at the County Commission Office. Attendance: Lou Lapaglia, Present: Bill Barnett, Present: Tom Huff, Absent. County Clerk Kay Brown is taking the minutes. Motion/Vote - 9:55 a.m. Postpone the Approval of the Minutes Western Commissioner Bill Barnett made a motion to postpone the approval of the minutes until Thursday, February 16,2012, for additional information needed. Lou Lapaglia seconded the motion. The motion passed by vote: Lou Lapaglia (Yes), Bill Barnett (Yes), Tom Huff (Absent). The meeting was attended by Commission Secretary Cheryl Mitchell, Connie Hall, Eddie Campbell, Ozark Alderman, David Lundstrom from Great River Associates, Todd Wiesehan, Administrator of the Planning and Zoning Department and Joshua Byrd. 10:00 a.m. Todd Wiesehan PIanning and Zoning Re: Fee in Lieu of Storwater Retention at St. Joseph's Church The meeting was attended by Commission Secretary Cheryl Mitchell, Mr. David Lundstrom of Great River Engineering, Connie Hall, Eddie Campbell Ozark Alderman, and Joshua Byrd of Planning and Zoning. Presiding Commissioner Lou Lapagiia and Western Commissioner Bill Barnett met with Todd Wiesehan Planning and Zoning Administrator to discuss a fee in lieu of a storm water retention basin for St. Joseph, the Worker Church. Mr. Lundstrom provided two letters to the County Commission for review regarding the water run off at the Church. Todd Wiesehan also presented a letter ofhis findings to the Commission. Mr. Lundstrom and Mr. Wieselian said there is very little storm water that runs off and that the codes does allow for this under specific circumstances. The goal behind this code is to have a large storm water retention area versus having many small basins in the same area. When development begins next to St. Joseph's Church then the developer can pursue obtaining the funds that were provided to the County in lieu ofretention. Eddie Campbell said that he has experience with storm water retention basins in the City of Ozark and he suggested that the Commission pursue it. There should be enough money to pay for the storm water retention fund to be used in other areas in the county. Presiding Commissioner Lou Lapaglia said his concern is that if this proposal was approved it would set a precedence for any other entity to pay a fee and not address storm water issues. If the area were to be developed the developer would have to pay for storm water retention for his/her development and St. Joseph's Church. The County would then provide the funding from the fee that would be previously given by St. Joseph's Church. Presiding Commissioner Lou Lapaglia is not comfortable with this proposal because of the many existing storm water issues in the county. The Commission would like to obtain more information before making a decision on this proposal Motion/Vote - Continue the Meeting of Stormwater Retention Proposal to Thursday Western Commissioner Bill Barnett made'a motion to pospone a decision of a fee in lieu of stormwater retention until Thursday, Februray 16,2012. Lou Lapaglia seconded the motion. The motion passed by vote: Lou Lapaglia (Yes), Bill Barnett (Yes), Tom Huff(Absent). February 09,2012 1 1 - --45 , COURT ORDER STATE OF MISSOURI }SS COUNTY OF CHRISTIAN In the Christian County Commission of said County, on the 7th day of February 2012, the following, among other proceedings, were had, viz: The Treasurere is hereby ordered to transfer the sum of $245,952.71, from the County Revenue Sales tax Fund to the following: ROAD DISTRICTS COMMON ROAD #1 $76,196.15 COMMON ROAD #2 $ 74,745.03 BILLINGS SPECIAL $26,489.11 GARRISON SPECIAL $ 5,460.15 OZARK SPECIAL $21,397.89 SELMORE SPECIAL $ 8,460.77 S. SPARTA SPECIAL $ 2,582.50 STONESHIRE SPECIAL $ 1,500.31 CITIES CITY OF BILLINGS $ 2,926.84 CITY OF CLEVER $ 1,746.26 CITY OF FREMONT HILLS $ 885.43 CITY OF NIXA $ 10,821.92 CITY OF OZARK $ 11,436.80 CITY OF SPARTA $ 1,303.55 No Meetings on Monday, February 13, 2012 The Courthouse will be closed on Monday, February 13, 2012, in observance of President Lincoln's Birthday. Sigp,tures 00€91 L.>Ch I. -1.00 Lapaglia/Pr ommissioner February 09,2012 1 4 Christian County Commission February 14, 2012 Convene Presiding Commissioner Lou Lapaglia called the meeting of the County Commission to order at on February 14, 2012 at the County Commission Office. Attendance: Lou Lapaglia, Present: Bill Barnett, Present: Tom Huff, Absent.County Clerk Kay Brown is taking the minutes. 11:00 a.m. One or More of the Commissioners May Attend the Nixa Chamber of Commerce Luncheon Presiding Commissioner Lou Lapaglia and possibly Western Commission Bill Barnett may attend the Nixa Chamber ofCommerce luncheon. - 2:30 p.m. Office Holders Meeting 2nd FIoor Courtroom Re: Employee Benefits The meeting was attended by Commission Secretary Julia Maples, Danny Finley and Lee Johnson, County Auditor Sam Yarnell, Loyd Todd County Surveyor, Todd Wiesehan Administrator of the Planning and Zoning Department, Common 2 Road District Supervisor Brent Young and Common 1 Road District Supervisor Brent Young, Bob Barnhart Administrator of the Building Codes Department, Terri Goodall from Juvenile, Phil Amtower Emergency Management Administrator, Treasurer Karen Matthews, Assistant Prosecutors Chris Lebeck and Donovan Dobbs, Prosecutor Amy Fite, Collector Ted Nichols, Deputy Collector Cindy Carey, Sheriff Joey Kyle, John Bross Deputy Clerks Tom Lawson and Norma Ryan, Captain Brian Cathey and Captain Brian Gillman, Public Administrator Ken Davis, Deputy Brandon Bressie and Recorder Kelly Hall. Presiding Commissioner Lou Lapaglia and Western Commissioner Bill Barnett met with the office holders to discuss the holiday pay benefit. During the 2011 year there were five holidays that were not paid and the courthouse was closed. Presiding Commissioner Lou Lapaglia said that when the 2012 budget process began in the fall of last year, they were looking at how they could give back all the paid holidays to the employees. We have done the necessary cost cutting and we feel confident that we are on level footing. Western Commissioner Bill Barnett thanked Presiding Commissioner Lou Lapaglia for his hard work and for taking a stand. He also expressed his appreciation that the County Commission restored a benefit that was taken from the employees and usually that never happens. Sheriff Kyle asked if the holiday time would be in eight hour increments. Presiding Commissioner Lou Lapaglia responded that holiday is an eight hour day. Sheriff Kyle suggested that they meet to discuss the deputy's that work 10 and 12 hour work days. Presiding Commissioner Lou Lapaglia stated that the employees will have the full five days reinstated because there is an additional day at Christmas. Presiding Commissioner Lou Lapaglia also discussed the excessive comp hours that have accrued and that it shows as a liability on the County's financial statement. Treasurer Karen Matthews suggested that each elected official donate $ 25.00 to the Finley River Foundation. February 14,2012 1 6.3 4 Motion/Vote - Reinstate All Holidays Paid Beginning February 13th, 2012 Western Commissioner Bill Barnett made a motion to give back the holiday pay for all holidays beginning with Lincoln's Birthday, February 13, 2012. Lou Lapaglia seconded the motion. The motion passed by vote: Lou Lapaglia (Yes), Bill Barnett (Yes), Tom Huff (AbsenO. 2541*1 A tures -- 1,-Lapaglia/Pre#li[gDommissioner February 14, 2012 a e, , Christian County Commission February 16, 2012 Convene Presiding Commissioner Lou Lapaglia called the meeting ofthe County Commission to order at 8:25 a.m. on February 16,2012 at the County Commission Office. Attendance: Lou Lapagtia, Present: Bill Barnett, Present: Tom Huff, Absent. County Clerk Kay Brown is taking the minutes. Motion/Vote - Approve the Minutes for Jan. 30, Feb. 6, and 9th, 2012 Western Commissioner Bill Barnett made a motion to approve the minutes for Jan. 30, Feb. 6, and 9th, 2012. Lou Lapaglia seconded the motion. The motion passed by vote: Lou Lapaglia (Yes), Bill Barnett (Yes), Tom Huff (Absent). 8:30 a.m. John Dollarhite - Citizen Re: Planning and Zoning Commission Board Interview Northview District The meeting was attended by Commission Secretary Cheryl Mitchell, Common 2 Road District Brent Young, Todd Wiesehan Planning and Zoning Administrator, John Dollarhite and. Rance Burger, the Editor of the Ozark Newsleader. Presiding Commissioner Lou Lapaglia and Western Commissioner Bill Barnett met with Mr. John Dollarhite for an interview to serve on the Planning and Zoning Commission to represent the Northview Township. Mr. Dollarhite said that he has been a resident of Christian+County since 1983 and has worked in construction, insurance adjuster and is currently a computer store owner. He has an interest in serving in the government since dealing with the USDA. He also was interested as serving as a Republican committeeman for the Northview Township. Presiding Commissioner Lou Lapaglia asked if Mr. Dollarhite if he had looked at the county codes? Mr. Dollarhite said he had not readthem Todd Wiesehan said ifthe codes do not address a need or is unclear we will review the code and present it to the Planning and Zoning Commission. The Planning and Zoning Commission than brings any changes or appeals before the Board of Adjustments. The Board of Adjustments makes the final decision. Presiding Commissioner Lou Lapaglia explained that the term for a member of the Planning and Zoning Commission is four years. In two and a half years, beginning on January 1,2015, the county will move to a first class status and the Planning and Zoning Commission witl be reduced to five people and the Board of Adjustments will cease. For this reason, the Commission do not want to add more members to the Planning and Zoning Commission because there are already more whose term will end when the county moves to first class. 9:00 a.m. Sheriff Bid Decision Re: Sheriff's Vehicles The meeting was attended by Ranee Burger ofthe Springfield Newsleader. Presiding Commissioner Lou Lapaglia and Western Commissioner Bill Barnett met with Sheriff Joey Kyle for a recommendation on the bids that were submitted for up to four cars to be purchased by the Sheriff Department. Sheriff Kyle made a recommendation to the County Commission that The Wholesale Car Company dealership in Nixa, Missouri had the best bid. The Sheriff said that they need to purchase two vehicles now and two later. The two cars to be purchased later would need to be rebid. He recommended that the February 16,2012 1 (1 .el' i {. ¥L Commission approve the following cars: 2010 Ford Crown Victoria Police Interceptor that has 8,450 miles and comes with a with full factory warranty for $ 17,000.00. 2008 Ford Crown Victoria Police Interceptor with 33,645 miles for $ 11,850.00. The difference between the two bids was approximately $ 1,200.00. Sheriff Kyle said the deciding factors was buying local and the local warranty. Motion/Vote - Award Sheriff's Two Cars to Wholesale Car Company in Nixa, Missouri Western Commissioner Bill Barnett made a motion to award two Sheriffs vehicles to the Wholesale Car Company. The first car is a 2010 Ford Crown Victoria Police Interceptor for $ 17,000.00 and 2008 Ford Crown Victoria Police Interceptor for $ 11,850.00. Lou Lapaglia seconded the motion. The motion passed by vote: Lou Lapagiia (Yes), Bill Barnett (Yes), Tom Huff (Absent). 9:15 a.m. Treasurer Karen Matthews Re: Nixa School Title III Proposal The meeting was attended by Commission Secretary Cheryl Mitchell and Todd Wiesehan, Planning and Zoning Administrator. Presiding Commissioner Lou Lapaglia and Western Commissioner Bill Barnett met with Treasurer Karen Matthews to discuss the Title III funds that have been received by the county for2012. The Treasurer said that the County received $ 16,000.00 for the year. Brenda Rantz, of the Nixa School District, presented a proposal to the Treasurer in the fall of 2011 for $ 9,500.00. If approved by the Commission, the money requested by Nixa Schools, would be used to continue the previous Fire Wise Grant. The Treasurer will place a notice in the paper regarding the grant request for Title III funds. The grant application will sit in the Commission's office for 45 days for the public's review. The Treasurer will also contact the Chadwick Fire Department and the Chadwick School so that they could also apply for the Title III funds. Motion/Vote - Approve the Title III Funding for the Nixa School Project Western Commissioner Bill Barnett made a motion to approve the Nixa Schools Grant Application of'$ 9,500.00 for Title III Funds. Lou Lapaglia seconded the motion. The motion passed by vote: Lou Lapaglia (Yes), Bill Barnett (Yes), Tom Huff (Absent). The meeting was attended by Todd Wiesehan, Administrator of the Planning and Zoning Department, Mary Beeson, Tim Guillot of Esterly Snider and Associates. 9:30 a.m. Todd Wiesehan PIanning and Zoning Re: Fee in Lieu of Detention Decision The meeting was attended by Commission Secretary Cheryl Mitchell, Mary Beeson, Tim Guillot from Esterly Schneider & Associates, Inc. Presiding Commissioner Lou Lapaglia and Western Commissioner Bill Barnett met with Todd Wiesehan Administrator of the Planning and Zoning Department to discuss a decision for the fee in lieu of detention. Presiding Commissioner Lou Lapaglia has done more research and had his questions answered. He asked about the lateral lines? Mr. Guillot replied that the existing lateral lines would not work with having a detention basin and the basin would not be effective of stopping erosion. The Commission emphazised that the fee in lieu of detention would be subjective to each case based on ifs own merits. February 16, 2012 2 Motion/Vote - Approve the Fee In Lieu of Detention for the St. Joseph's Church Western Commissioner Bill Barnett made a motion to approve the fee in lieu of detention for the St. Joseph's The Worker Church. Lou Lapaglia seconded the motion. The motion passed by vote: Lou Lapaglia (Yes), Bill Barnett (Yes), Tom Huff(Absent). 10:00 a.m. Tyler Moles P.C. Net Re: Back Up Data & EmaiI Archival Discussion The meeting was attended by Commission Secretary Cheryl Mitchell, Treasurer Karen Matthews, Assessor David Stokely and SheriffJoey Kyle. Presiding Commissioner Lou Lapaglia and Western Commissioner Bill Barnett met with Tyler Moles and Matt Koenig of P.C. Net to discuss a back -up data and email archival for the computer network. Tyler Moles sent out the data backup billing and they did some research and cost to implement everything will stay the same. Treasurer asked why this service was $ 900.00 for last year and $ 1,200.00 for this year. Tyler Moles said we can archive the data and will help with the backup. He said that they will keep the bill at $ 900.00 as last year's. He also discussed compliance with Sunshine Law regarding emails. He also discussed having an additional layer of protections for the net -work . The initial cost to implement the additional layer of protection is $ 4,498.00 which includes installation. There is an annual renewal fee of $ 500.00. Presiding Commissioner suggested that we have another meeting next week to present more information. Tyler Moles said the only down side is that there is one single administrator that controls the box. The offices that would be affected by this are: County Commission, Planning and Zoning, County Clerk, Treasurer, Auditor, Building Inspections, would be on this network. Mr. Moles said that email archival can be done through one device. No Meetings on Mondays February 20th, 2012 The courthouse will be closed Monday, February 20th, 2012, in observance ofPresidenfs Day. SigDatures V 0u Lapa¥aig-7diommissioner February 16, 2012 3 1 f Christian County Commission February 23, 2012 Convene Presiding Commissioner Lou Lapaglia called the meeting of the County Commission to order at 8:25 a.m. on February 23, 2012 at the County Commission Office. Attendance: Lou Lapaglia, Present: Bill Barnett, Present: Tom Huff, Absent. County Clerk Kay Brown is taking the minutes. Motion/Vote - 8:25 a.m. Approval of the February 14, 2012 Minutes Wtstem Commissioner Bill Barnett made a motion to approve the February 14,2012 minutes. Lou Lapaglia seconded the motion. The motion passed by vote: Lou Lapaglia (Yes), Bill Barnett (Yes), Tom Huff(AbsenO. The meeting was attended by Commission Secretary Julia Maples and Todd Wiesehan, Planning and Zoning Administrator. 8:30 a.m. Christian County Commission Re: Retro-HVAC Project Discussion The meeting was attended by Commission Secretary Julia Maples. Presiding Commissioner Lou Lapaglia and Western Commissioner Bill Barnett met with Todd Wiesehan, Planning and Zoning Administrator, to discuss the continuation ofthe HVAC renovation project. Mr. Wiesehan said that he had obtained additional funding through the Federal ARA grant program. Mr. Wiesehan said that Mr. Crawford has stepped away from the picture. However, Long Refrigeration and Accutemp submitted bids for the project. Accutemp could begin the project immediately but Long Refrigeration would need a four to six week lead time to schedule it. Mr. Wiesehan recommended that the Commission stay with Long Refrigeration to keep continuity with the existing project. The two bids that were submitted were within $ 986.00. Long Refrigeration bid the project at 12,041.00 and Accutemp's price is $ 11,055.00. The bids are approximate numbers and witt include any incidentals. The total grant money available is $ 17,000.00 and is paid through a reimbursement process. Commission Secretary Julia Maples said they are still holding the bond for Greg Crawford because there is some areas that have remain unfinished. Presiding Commissioner Lou Lapaglia commended Todd Wiesehan for the exceltent work he has done by presenting the grants and working out all the details to make this happen. Motion/Vote - Approve the Continuation of the HVAC Project to be Awarded to Long Refrigeration Western Commissioner Bill Barnett made a motion to approve the continuation of the HVAC project for the courthouse through grant funds. Award Long Refrigeration the HVAC project for $ 11,055.06 plus any , additional incidentals. Lou Lapaglia seconded the motion. The motion passed by vote: Lou Lapagtia (Yes),Bill Barnett (Yes), Tom Huff(Absent). Western Commissioner Bill Barnett made a motion to go into Closed Session at 8:44 to discuss R.S.Mo.610.021 (17) Confidential or privileged communications between a public governmental body and its auditor,. Lou Lapaglia seconded the motion. The motion passed by vote: Lou Lapaglia (Yes), Bill Barnett (Yes), Tom Huff (Absent). The meeting was attended by Sam, Karen Julia and Karen Matthews. Reconvene From Closed Session February 23,2012 1 f· Western Commissioner Bill Barnett made a motion to end Closed Session and reconvene in Open Session at 9:23. Lou Lapagtia seconded the motion. The motion passed by vote: Lou Lapagtia (Yes), Bill Barnett (Yes), Tom Huff (Absent). 9:25 a.m. C-1 and C-2 Road Departments - Bid Opening Re: Truck and Tractor Tires The meeting was attended by Commission Secretary Cheryl Mitchell, Common 2 Road District Supervisor Brent Young. Presiding Commissioner Lou Lapaglia and Western Commissioner Bill Barnett met with Common 2 Road District Supervisor Brent Young and Sheriff Joey Kyle to open bids for truck and tractor tires. There was one bid submitted from TCI Tire Centers located in Springfield, Missouri.. Brent Young requested that in an emergency that the County would have the option to purchase tires from another vendor if tires were not readily accessible from TCI Tire Centers. Motion/Vote - Award the County Road Districts Tire Bid to TCI Tire Centers Western Commissioner Bill Barnett made a motion to award the bid for the County Road Districts tires to TCI Tire Centers. In an emergency, ifTCI was unable to supply tires the county would have the option of using the state bid or selecting another vendor that can provide the tires. Lou Lapagiia seconded the motion. The motion passed by vote: Lou Lapaglia (Yes), Bill Barnett (Yes), Tom Huff (Absent). Resolution - 02-23-12-01 - Congenital Diaphragmatic Hemia Awareness Day PROCLAMATION WHEREAS, a Congenital Diaphragmatic Hemia is an opening in the diaphragm that allows the abdominal organs to push into the chest cavity; and WHEREAS, a Congenital Diaphragmatic Hernia is often a life-threatening birth defect because it limits the growth of the lungs; and WHEREAS, a Congenital Diaphragmatic Hemia occurs In every 1 in 2,000 live births in the United States; and WHEREAS, Congenital Diaphragmatic Hemias account for 8% of all major congenital anomalies; and WHEREAS, proactive diagnosis and appropriate management of fetuses with congenital diaphragmatic hernias minimizes the incidence of emergency situations, dramatically improving survival rates; and WHEREAS, there is a need for increased public awareness of congenital diaphragmatic hemias; and WHEREAS, Congenital Diaphragmatic Hernia Awareness Day provides an opportunity for families whose lives have been affected to celebrate life and to remember loved ones lost, to honor dedicated health professionals, and to meet others and know they are not alone; and WHEREAS, groups such as Breath of Hope, Inc. are working to promote public awareness and encourage research efforts to one day prevent or successfully treat all those diagnosed with a congenital diaphragmatic hemia; and WHEREAS, The establishment of Congenital Diaphragmatic Hernia Awareness Day will provide the opportunity to share experience and information with the public and the media in order to raise awareness about the Congenital Diaphragmatic Hernia birth defect; and WHEREAS, March 31st, 2012 is recognized as Congenital Diaphragmatic Hernia Awareness Day. In Witness Whereof, we have set our hands on behalf of the County of Christian to be affixed this23rd day of February in the year of our Lord Jesus Christ, Two Thousand Twelve. Lou Lapaglia Bill Barnett ABSENT Presiding Commissioner Western Commissioner Eastern Commissioner February 23, 2012 9:30 a.m. Tyler Moles - P.C. Net Re: Web Filtering and Email Archival The meeting was attended by SheriffKyle, Assessor David Stokely, Auditor Sam Yarnell, Captain Brian Cathey, Recorder Kelly Hall, Public Administrator Ken Davis and Treasurer Karen Matthews. Presiding Commissioner Lou LapagIia and Western Commissioner Bill Barnett met with Tyler Moles from P.C. Net to discuss email archival and web filtering. Mr. Tyler said that they have a process where all emails are archived and are deleted when they reach five years old. This archival process ensures that any emails that would be requested through a Sunshine Law request would be retrieved for a fee. The law requires that emails be stored for five years. By implementing this system, the county would be protected by keeping all emails. This program can store 88 gybtes. This service is $ 240.00 per month with an installation fee. Presiding Commissioner Lou Lapaglia asked ifyou could forego the installation fee. Tyler Moles said that ifthe total cost is paid annually the cost would be reduced by a third.Mr. Moles feels it is his obligation to protect the county and he has a responsibility to make recommendations that will insure the safety of the county and the network. By installing this program, the computers will not slow down. Presiding Commissioner Lou Lapaglia said they would like to consider this and would prepay and take advantage ofthe discount, ifwe choose to go with this safeguard. Treasurer Karen Matthews asked if another officeholder would be able to view another officeholder's emails. Mr. Moles said it could be done but they would not do that. Presiding Commissioner Lou Lapaglia said they will give it more thought and will make a decision next Thursday. Tyler Moles discussed the barracuda web filter which adds another layer of protection to the network. The barracuda web filter has the ability to navigate around websites that are affected with viruses and face book. He said that some offices have commented that without face book there is more productivity in the office. The initial cost is $ 4,498.00 and an annual fee of $ 500.00 per year for maintenance. 11:00 a.m. One or More Commissioners Could Be attending Ozark Chamber Luncheon, at the O.C. in Ozark Presiding Commissioner Lou Lapaglia and Western Commissioner Bill Barnett will possibly be at the Ozark Chamber Luncheon at the Ozark Community Center in Ozark, Missouri at noon today. CERTIFICATION OF THE 2012 PRESIDENTIAL PREFERENCE PRIMARY I, Kay Brown do certify the election returns for the February 7, 2012, Presidential Preference Primary Election. PRESIDENTIAL PREFERENCE PRIMARY FEBRUARY 7, 2012 DEMOCRATIC PARTY FOR UNITED STATES PRESIDENT Barack Obama 715 Randall Terry 13 Darcy G. Richardson 11 John Wolfe 10 -- (UNCOMMITTED) 91 February 23, 2012 3 (UNCOMMITTED) 91 REPUBLICAN PARTY Gary Johnson 7 Herman Cain 65 Mitt Romney 1464 Michael J. Meehan 4 Rick Perry 79 Keith Drummond 4 Jon Huntsman 31 Michele Bachmann 27 Rick Santorum 4077 Ron Paul 710 (UNCOMMITTED) 441 LIBERTARIAN PARTY James Orland Ogle Ill 16 (UNCOMMITTED) 12 CONSTITUTION PARTY (UNCOMMITTED) 26 CITY OF REPUBLIC SPECIAL ELECTION SALES TAX QUESTION Shall The City of Republic, Missouri continue to impose a sales tax at the rate of one quarter of one percent (1/4 of 1%) to be collected for a period of five (5) years beginning October 1, 2012, for the purpose of funding stormwater capital improvements? A vote in favor of the question wil not serve to raise existing sales tax rates imposed by the City of Republic. Yes 7 No 2 QUESTION REPUBLIC, MISSOURI WATER IMPACT FEE Shall the City of Republic's Water Impact Fee Schedule and Sewer Impact Fee Schedule as adopted on April 5,2005, and November 7, 1995, respectively, be amended by repealing those February 23,2012 4 schedules and adopting new schedules and establishing a procedure for setting rates as well as an amendment procedure as follows? Water Impact Fees for residential and non-residential land use will be calculated based on the following meter sizes: 5/8" 3/4 inch (Typical Residential Size) 1 inch (minimum non-residential size) 1.5 inch 2 inch 3 inch 4 inch 6 inch Sewer Impact Fees for residential and non-residential land use will be calculated based on the following meter sizes: 5/8" 3/4 inch (Typical Residential Size) 1 inch (minimum non-residential size) 1.5 inch 2 inch 3 inch 4 inch 6 inch Council is authorized to establish and/or amend by ordinance the impact fee schedule rates or the method of calculating the impact fees from time to time based upon economic conditions related to the cost of providing for expansion of the sewer and/or water system or in the event of dire emergency. Council may authorize a separate rate structure for meters related to irrigation systems or similar uses. Water Impact Fees for structures outside the Republic city limits, as they now exist or as may be extended in the future, shall be assessed at one and one-half times rates established and hereunder unless otherwise determined by Council. No Impact Fees shall be assessed on existing customers or residences currently utilizing the municipal water or sewer system or to residential property that is to be remodeled. All monies will be deposited in the properly designated reserve fund to be used only for system improvements, expansion, related debt service or dire emergency. Impact fees will be assessed and all monies collected at the time a building or plumbing permit is issued. Yes 5 No 3 NIXA REORGANIZED SCHOOL DISTRICT NO. R-2 SPECIAL BOND ELECTION Shall Nixa Reorganized School District No. R-2 of Christian County, Missouri, incur indebtedness and issue its general obligation bonds in the amount of $9,000,000 for the purpose of building additions to and renovating, repairing and improving existing school buildings and facilities and furnishing and equipping the same and acquiring school buses? February 23,2012 5 •4 . 3 If this proposition is approved the adjusted debt service levy of the District is estimated to remain unchanged at $1.0666 per one hundred dollars assessed valuation of real and personal property. Yes 3202 No 969 CERTIFICATION OF THE UNIVERSITY OF MISSOURI EXTENSION BOARD OF DIRECTORS ELECTION The following is the Official Certificate ofthe Annual Election ofthe University ofMissouri Extension Council of Christian County, Missouri for the results ofthe votes counted on February 17, 2012. I hereby certify that there were 717 voted ballots for the Eastern District and 288 voted ballots for the Western District and 8 spoiled ballots: EASTERN DISTRICT WESTERN DISTRICT Alan Berry , 108 votes Sue Faseler 95 votes Beverly Bet·y 98 votes Barbara Self 100 votes Marie Day 129 votes Danny Self 95 votes Brent Forgery 144 votes Nancy Kissee 141 votes J.J. Leek 97 votes COURT ORDER State ofMissouri }SS. Counly ofChristian In the Christian County Commission of said County, on the 23rd, day of February 2012, the following, among other proceedings, were had, viz: The Treasurer is hereby ordered to transfer the sum of$ 107,481.84 from the County Revenue Cart Fund to the following: BRIDGE $ 16,122.28 ROAD DISTRICTS COMMONROAD#1 $ 32,103.75 COMMON ROAD #2 $ 31,500.78 BILLINGS SPECIAL $ 11,155.00 GARRISON SPECIAL $ 2,302.26 OZARK SPECIAL $ 9,017.19 SELMORE SPECIAL $ 3,563.02 February 23,2012 6 . f 4 S. SPARTA SPECIAL $ 1,087.18 STONESHIRE SPECIAL $ 630.38 Siggtures CA OUS<141P Lod Lapaglin#Prdsidig o mission, February 23,2012 7 1 Christian County Commission February 27, 2012 Convene Presiding Commissioner Lou Lapaglia called the meeting of the County Commission to order at 8:55 a.m. on February 27, 2012 at the County Commission Office. Attendance: Lou Lapaglia, Present: Bill Barnett, Present: Tom Huff, Absent. County Clerk Kay Brown is taking the minutes. Motion/Vote - 8:55 a.m. Approve the February 16 and 23, 2012 Minutes Western Commissioner Bill Barnett made a motion to approve the February 16th and 23rd minutes and the closed session minutes for February 23, 2012 minutes. Lou Lapaglia seconded the motion. The motion passed by vote: Lou Lapaglia (Yes), Bill Barnett (Yes), Tom Huff (Absent). The meeting was attended by Commission Secretaiy Cheryl Mitchell, Bob and Katherine Estep, John and Judy Dollarhite and Robert Palmer. 9:00 a.m. Resolution The meeting was attended by Commission Secretary Treasurer Karen Matthews, Auditor Sam Yamell, Bob and Katherine Estep, John and Judy Dollarhite, and Patrick Lynn Kempen, Kelly Hall and Robert Palmer. Presiding Commissioner Lou Lapagiia and Western Commissioner Bill Barnett met to review a Resolution for the Nixa Kids First Program. Mr. Estep read a letter in opposition to the federat healthcare bill Presiding Commissioner Lou Lapaglia expressed his displeasure with the intrusiveness of the federal government and he will express his dismay at the polls when he votes. Western Commissioner Bill Barnett expressed his appreciation to the clerk for the time spent on behalf of the County Commission to implement this program that helps the children. Mr. Kempen expressed his concern for the 45 mile speed limit sign on Selmore Road that it should be reduced to 35 miles per hour due to the number of children and pedestrians. Western Commissioner Bill Barnett said that this is an issue that should be addressed to the Ozark Special Road District. Motion/Vote - Approve the Resolution for Nixa Kids First Western Commissioner Bill Barnett made a motion to approve the Resolution for Nixa Kids First. Lou Lapaglia seconded the motion. The motion passed by vote: Lou Lapaglia (Yes), Bill Barnett (Yes), Tom Huff(Absent). Resolution - 02-27-12-01 - Community of Promise For Our Children RESOLUTION FOR CHILDREN Whereas, the City of Nixa, County of Christian, Nixa Public Schools and Nixa Chamber of Commerce embrace a community vision in which every child comes first, grows up safe, happy, heatthy and successful, and becomes a good community citizen; and Whereas, the City of Nixa, County of Christian, Nixa Public Schools, and Nixa Chamber of Commerce want our community to be a 'community of promise" by promoting that each day every child experiences caring adults, safe places, a healthy start, an effective education and opportunities for success in life; and February 27, 2012 1 rt 1 4 Whereas, the City of Nixa, County of Christian, Nixa Public Schools, and Nixa Chamber of Commerce a recognize that public safety, economic development, fiscal stability, a strong workforce, and an educated involved citizenry all depend on the investment and efforts made to help children, youth, and families succeed; and Whereas, city, county, school, and chamber leadership play a decisive role by taking action and determining effective use of resources on behalf of children, youth and families; Now, therefore, be it resolved by the Mayor, City Council members, and City Administrator of Nixa, the Christian County Commissioners, Nixa Public Schools Superintendent and School Board members, and the Nixa Chamber of Commerce President and board of Directors that we are unified in our desire to jointly agree to keep the children we serve as a primary focus when we consider the impact of our poticy, legislative and daily decisions. Lou Lapaglia Bill Barnett Tom Huff- ABSENT Presiding Commissioner Westem Commissioner Eastern Commissioner 11:00 a.m. Captain Brian Cathey- Christian County Sheriff's Department Re: Commissary Account Discussion The meeting was attended by Commission Secretary Cheryl Mitchell, Deputy's Scott Gillman and Brandon Bressie, Treasurer Karen Matthews and Auditor Sam Yamell. Presiding Commissioner Lou Lapaglia and Western Commissioner Bill Barnett met with Captain Brian Cathey to discuss the Commissaly account. Captain Cathey requested that another bank account be opened to better track the commissary profits. This was a recommendation from Andy Marmouget, the independent auditor for the county. Presiding Commissioner Lou Lapaglia said it is important to keep an accurate account ofthe inmate's funds and the profit from the commissary items. Presiding Commissioner Lou Lapaglia asked what happens to tlie inmate money when they enter the jail and when they leave. Captain Cathey replied that a check is sent to them. Motion/Vote - Approve an Extra Account for the Sheriff's Commissary Items Western Commissioner Bill Barnett made a motion to approve an extra account for the Sheriff's Commissary account. Lou Lapaglia seconded the motion. The motion passed by vote: Lou Lapaglia (Yes), Bill Barnett (Yes), Tom Huff(Absent). Signatures/ 44> LoLapaglia/Pre issioner 1 VV February 27, 2012 Ni Christian County Commission February 29, 2012 Convene Western Commissioner Bilt Barnett called the meeting of the County Commission to order at 8:30 a.m. on February 29, 2012 at the County Commission Office. Attendance: Lou Lapaglia, Absent: Bill Barnett, Present: Tom Huff, Absent.ChiefDeputy Payroll Clerk, Tom Lawson is taking the minutes. 8:30 a.m. Glen Pace Re: Strategic Planning Wage Matrix The meeting was attended by Western Commissioner Bill Barnett, Cheryl Mitchell, Human Resource Consultant Glen Pace, and Chief Deputy Payroll Clerk Tom Lawson. Chief Payroll Clerk Tom,Lawson gave to Mr. Pace the county's wage information, and the Springfield area wage survey data that was distributed at a previous meeting. Mr. Lawson presented for review a copy of the Bureau of Labor Statistics information showing the average weekly wage by county. Christian County's average weekely wage was $ 537.00 ( $ 13.93 hourly). Mr. Lawson asked Glen Pace to describe how the wage matrix doucment would be designed. Mr. Pace described the structure of categories, minimums and maximums. He said he would bring a preliminary draft to the next meeting which is scheduled for March 14th, 2012 at 8:30 a.m. C 1-yo Lapaglia/Prediommissk February 29,2012 1 Christian County Commission March 05, 2012 Convene Presiding Commissioner Lou Lapaglia called the meeting ofthe County Commission to order at 8:55 a,m. on March 5,2012 at the County Commission Office. Attendance: Lou Lapaglia, Present: Bill Barnett, Present: Tom Huff, Absent. County Clerk Kay Brown is taking the minutes. Motion/Vote - 8:55 a.m. Approve the February 27, 2012 Minutes Western Commissioner Bill Barnett made a motion to approve the February 27,2012 minutes. Lou Lapaglia seconded the motion. The motion passed by vote: Lou Lapaglia (Yes), Bill Barnett (Yes), Tom Huff(Absent). The meeting was attended by Commission Secretary Cheryl Mitchell, Charlene Gabbard of Admiral Office Supplies, Chris Hamon of Indoff Office Supply and Ryan Moseley of Springfield Office Supply. 9:00 a.m. Office Products Bid Opening The meeting was attended by Commission Secretary Cheryl Mitchell, Charlene Gabbard of Admiral Office Supplies, Chris Hamon of Indoff Office Supply and Ryan Moseley of Springfield Office Supply. Presiding Commissioner Lou Lapaglia and Western Commissioner Bill Barnett opened bids for tile County's office supplies from the following companies: Indoff, Inc. Nixa, Missouri Springfield Office Supply, Inc., Springfield, Missouri Quill, Com. Lincolnshire, Illinois Admiral Express from Tulsa Oklahoma The Commission will review the bids and make a decision next week. Mr. Moseley asked, "Is the ink and toner bid separately because it wasn't listed on the bid specifications." Commission Secretary Cheryl Mitchell replied that there is such a wide variety of copiers and computers used in county offices they no longer include it in the bid because the officeholders have different preferences. 10:45 a.m. Marcie Vance with ShowMeGovBids.Com The meeting was attended by Commission Secretary Cheryl Mitchell, Common 1 Road District Supervisor Brent Young, Common 2 Road District Supervisor Richard Teague and Donna Osborn ofthe Christian County Headliner News. Presiding Commissioner Lou Lapaglia and Western Commissioner Bill Barnett met with Marcie Vance representing Showmegovbids.com, an internet site that provides bid notices to a four state area. Ms. Vance offered the Commission a free one year. This service does not eliminate the requirement to place bid notices in the local newspaper but it provides a bigger pool of contractors that receive the notice. The contractors as well as any county can subscribe to this service for bid notices or to obtain bids. Presiding Commissioner Lou Lapaglia asked how long this company been in business. March 05,2012 1 16# ik Ms. Vance replied, this is a new business and Dallas and Potosi Counties have signed on for the first year subscription. Presiding Commissioner Lou Lapaglia asked what is the charge for this service and do all the counties that sign-up receive a free one year subscription? Ms. Vance said this service is offered free of charge for the first year and after the first year an annual fee of $ 499.00 is charged. She also offered the Commission a two week trial. She also discussed the option to post items that the County would like to sell such as surplus equipment. In addition anyone in the county could use this website to post items for sale. The Commission expressed their appreciation to Ms. Vance for her presentation turns kdiia/Psi#Ing imissioner March 05,2012 2 e:;r {24 = 2... Ka,15 Christian County Commission March 08, 2012 Convene Presiding Commissioner Lou Lapaglia called the meeting of the County Commission to order at 7:55 a.m. on March 8, 2012 at the County Commission Office. Attendance: Lou Lapaglia, Present: Bill Barnett, Present: Tom Huff, Absent. County Clerk Kay Brown is taking the minutes. ;914 AFn Motion/Vote - 7:55 a.m. Approve the Feb. 29th and March 5, 2012 Minutes fl , •' Western Commissioner Bill Barnett made a motion to approve the Feb. 29, March 5, 20I2 minutes. Lou 129© Lapaglia seconded the motion. The motion passed by vote: Lou Lapaglia (Yes), Bill Barnett (Yes), Tom KErs Huff (Absent). The meeting was attended by Commission Secretary Cheryl Mitchell. Eddie Campbell, Danny Garbee ofthe Billings Special Road, Kris Dyer from the Save Riverside Bridge group, Josh Byrd of Planning and Zoning Department. 8:00 a.m. Spencer Jones - Great River Associates Re: 2012 Bridge Repair Discussion The meeting was attended by Commission Secretary Cheryl Mitchell, Kris Dyer of Save Riverside Bridge organization, Danny Garbee of Billings Special Road District, Eddie Campbell, Josh Byrd of the Planning and Zoning Department and Donna Osborn ofthe Christian County Headliner News. Presiding Commissioner Lou Lapaglia and Western Commissioner Bill Barnett met with Spencer Jones of Great River Associates to discuss the 2012 bridge repairs. Months ago, in response to a MODOT bridge report, the County Commission requested that Great River Associates examine the county bridges with the County's Road Departments. According to Spencer Jones, there were 30 bridges identified that were in 1 r. i need of repair. Of the 30 reported, the county road departments repaired 21 leaving nine that needed ,·t' :. 1-. extensive work. le?? Spencer Jones presented a slide show of the 2011 MODOT bridge inspections throughout the county to identify deficiencies and to make recommendations. Terrell Creek Bridge has an alignment issue but is not 2 13.f a high priority in regards to safety. The Billings Special Road District is planning to replace the bridge and would like the county to pay half the cost. Spencer Jones said that Union Hill and Marshfield Road Bridges have extensive corrosion that has decreased the size of the beams which could make it inadequate to handle the weight. He recommended that the bridges be sandblasted and painted. He also recommended a weathering steel that does not corrode like regular steel. Riverside Bridge was tagged during the inspection by MODOT and deemed unsafe. The county is working with MODOT to offset some oftlie cost that the county would incur. This is the highest volume bridge in the County and has a significant impact for the economy of Ozark and is imperative to have it operational for the.citizens ofthe county. Kris Dyer asked if a iow water crossing would be possible for the Riverside Bridge. Spencer said that a low water bridge would not be possible because the area is located in a flood plain and must comply with FEMA regulations. 1/3,1 Kris Dyer asked is the county looking at other options to keep the existing bridge since it is on the national historical registry. %701 0 ' 477 A bridge located within the Ozark Special Road District has extensive cracking on the side walls and head walI and Spencer Jones has been working with them to comply with MODOT'S recommendations. March 08,2012 1 Spencer Jones said that MODOT identified the following bridges to be in high priority for repairs: * Green Bridge has a vertical support on the west side of the bridge that has corrosion that has rusted through at the base and needs repair to stabilize it. * The structure by the Baptist Church on Riverside Road needs to be straightened. -9Pkft * Hawkins Bridge needs attention to the tilt in the vertical trusses and the ibar has corrosion at the center k pier which reduces the strength of the bridge. Another cable and new concrete on the northeast side will secure the bridge. * Red Bridge needs a retrofit for a new plate that will support the pin due to corrosion. He also 9 recommended that the bridge stay free ofdebris to stop future corrosion. MODOT made a recommendation not to repair the Riverside Bridge because it would not be eligible for BRO funds. The total cost forall the repairs including the bridges located in the Ozark Special and Billings Special Road Districts is approximately $ 570,000.00. Eddie Campbell asked if the project would be bid separately. Spencer Jones replied that the bridge repairs would be bid as whole project but the painting would be bid separately. Donna Osborn asked who does the inspections. - Spencer Jones replied that MODOT did the inspection in 201 land this is a progress report in response to their assessment. - ™ ·;11 Motion/Vote - Authorize Great River Associates to Solicit Bids for Bridge Repairs Western Commissioner Bill Barnett made a motion to authorize Great River Associates to solicit bids for bridge repairs for all the bridges including Terrell Bridge located in Billings Special Road District and the low water bridge in Ozark Special Road District. Lou Lapaglia seconded the motion. The motion passed by vote: Lou Lapaglia ('yes), Bill Barnett (Yes), Tom Huff(Absent). 9:00 a.m. Public Building Corporation Re: Annual Board Meeting The meeting was attended by Commission Secretary Julia Maples and Jim Taylor. Presiding Commissioner Lou Lapaglia and Western Commissioner Bitl Barnett met with the following member of the Public Building Corporation Board: Bob Massengale, Eric Peterson, Ken Fitzpatrick, Phil Short, Greg Hanks and John Mitchum for the annual meeting to elect officers and to discuss any other business. The minutes are contained in the Public Building Corporation Minutes. 10:30 a.m. Bid Opening Sheriff's Department Re: Transport Vehicle for Inmates Tile meeting was attended by Commission Secretary Cheryl MitcheII. - I Presiding Commissioner Lou Lapaglia and Western Commissioner Bill Barnett met with Captain Brian Cathey to open bids for a transport vehicte for inmates. The Commission received one bid from Century Trucks and Vans, located in Grand Prairie Texas. 2008 Chevy 3500 EXT Cargo Van with 107,545 miles, 6.6 diesel engine - $ 17,684.73 17,000.00 2008 modet The Sheriff will review the bid and make a recommendation March 12, 2012. March 08,2012 2 - 4 -- 10:45 a.m. Tyler MoIes - PC Net Re: Web Filtering Demonstration The meeting was attended by Commission Secretary Cheryl Mitchell, Treasurer Karen Matthews, Assessor David Stokely and County Auditor Sam Yarnell. Presiding Commissioner Lou Lapaglia and Westen Commissioner Bill Barnett met with John Corona of Barracuda Networks and Tyler MoIes from PC Net for a presentation and discussion on web filtering. Tyler Mob said they have this program in several counties in addition to a good fire walt to avoid viruses. Mr. Corona said that the Barracuda filter prevents viruses and malware that would enter the network through different websites or emails. This system updates the network every 45 minutes and prevents users from going to sites that could infect the system. They see 95% of the viruses that come from the internet eliminated. Tyler Moles said that when viruses attack a computer or the network it travels through the network and can cause down time and possible loss of a hard drive. For the first year the cost is $ 495.00 and is renewed annually. The software, hardware (which includes 1 box) and labor is $ 4,498.00. Presiding Commissioner Lou Lapaglia asked is-there a cost advantage to pay the annual payment up front versus every month? Tyler said that he will ask his boss and report to the Commission Assessor David Stokely asked if we have three boxes would the installation cost decrease and would it decrease the pulse rates for the county? The Commission will make a decision on the web filtering and the email archiving on next Thursday. 3:15 p.m. Gordon Carriker & Jay Chism University of Missouri Extension Re:Programming Discussion The meeting was attended by Commission Secretary Cheryl Mitchell, Andy Arndt, County Auditor Sam Yamell and Donna Osborn ofthe Christian County Headliner News. Presiding Commissioner Lou Lapaglia met with Gordon Carriker and Renette Wardlow, Jay Chism from the University of Missouri Extension to discuss the programs provided in the county. The Interim Regional Director Jay Chism thanked the County Commission for their support of the local office and the unique partnership through the University ofMissouri. The University ofMissouri Extension office is funded through state, federal and county dollars. The county provides funding for tile office rent, utilities, materials, and staff. Some of the programs offered by the Missouri University of Missouri Extension is 4-H, Nutrition Education, soil testing, canning and other information and the Master Gardner programs. The 4-H program promotes community involvement. Presiding Commissioner Lou Lapaglia expressed his appreciation for the programs that the University of Missouri Extension Office provides. He especially likes the 4-H program because it instills a foundation of community in children's' lives which will cause them to be more likely to go to college and to become leaders in their community. An Emergency Purchase For Building Inspections Department A computer monitor broke in Building Inspections that could not be repaired. The County Commission made an emergency purchase of a computer monitor for $ 156.00 to enable Buildings Inspections to continue working. March 08,2012 · 3 V COURT ORDER STATE OF MISSOURI COUNTY OF CHRISTIAN January Term, 2012 In the Christian County Commission ofsaid County, on the 7th, day ofMarch 2012, the following, among other proceedings, were had, viz: THE TREASURER IS HEREBY ORDERED TO TRANSFER THE AUM OF$ 318,169.63 FROM THE COUNTY REVENUE SALES TAX FUND TO THE FOLLOWING: ROAD DISTRICTS COMMON ROAD #1 $98,568.95 COMMON ROAD #2 $ 96,691.75 BILLINGS SPECIAL $34,266.87 GARRISON SPECIAL $ 7,063.37 OZARK SPECIAL $27,680.76 SELMORE SPECIAL $ 10,945.04 S. SPARTA SPECIAL $ 3,340.78 STONESHIRE SPECIAL $ 1,940.83 CITIES CITY OF BILLINGS $ 3,786.22 CITY OF CLEVER $ 2,259.00 CITY OF FREMONT HILLS $ 1,145.41 CITY OF NIXA $ 13,999.46 CITY OF OZARK $ 14,794.89 CITY OF SPARTA $ 1,686.30 Signatures 1-#6 Lapaglia/Pre;ilin /ommissic March 08,2012 4 bell. Sy# 4,11, Christian County Commission March 12, 2012 - Convene 3 Presiding Commissioner Lou Lapaglia called the meeting ofthe County Commission to order at 8:55 a.m. et on March 12,2012 at the County Commission Office. Attendance: Lou Lapaglia, Present: Bill Barnett, Present: Tom Huff, Absent. County Clerk Kay Brown is taking the minutes. 7 *454/ Motion/Vote - 8:55 a.m. Approval of Minutes Postponed 1,5. Western Commissioner Bill Barnett made a motion to postpone the approval of the minutes until Thursday, >640 9·¢A k March 15,2012. Lou Lapaglia seconded the motion. The motion passed by vote: Lou Lapaglia (Yes), Bill 5 0-9 Barnett (Yes), Tom Huff (Absent). The meeting was attended by Commission Secretary Cheryl Mitchell, . Kent Herring Peterbilt of Springfield, Casey Tinker ofFreightliner, and Bud Wilcox of Bus Andrews. Fri 9:00 a.m. Bid Opening Common 1&2 Roads Re: Dump Truck The meeting was attended by Commission Secretary Cheryl Mitchell, Kent Herring of Peterbilt, Casey Tinkler of Freightliner Sales, Bud Wilcox of Bus Andrews and Eddie Campbell. Presiding Commissioner Lou Lapaglia and Western Commissioner Bill Barnett met with the Common 1 and 2 Road District Supervisors Richard Teague and Brent Young to open bids for dump trucks from the following companies: it Springfield Freightliner Sales $ 102,435.00 Cab, Chasis and 15 foot bed Springfield Freightliner Sales $ 106,192.00 with the same cab chasis and 15 foot bed 43.4 Peterbilt - Springfield, MO. 348/81116' Hilbilt 103,043.00 an additional unit 104,945.00 348/8LL 15" Heil $11 1,472.00 348/Allison 16" Hilbilt $ 111,974.00 additional unit $ 11 1,974.00 348/Allison 15' Heil $ 1 16,901.00 additional unit $ 116,901.00 14 1 / MHC Kenworth 2013 Kenworth T370 with Eaton 8LL Transmission: $ 81.542 22 L,r 2013 Kenworth T370 with Allison Transmisison $ 84,670 MHC Kenworth bid prices does not include the bed. The price is for the cab and chassis only. The County Road Departments will review the bids and make a decision on Monday, March 19th, 2012. Presiding Commissioner Lou Lapaglia asked ifthere would be a discount if the county were to purchase two? AH the representatives present said they would give a discount iftwo trucks were purchased. 9:30 a.m. Todd Wiesehan - Planning and Zoning Re: Adopt Amendment to Storm Water & Erosion Control Reg. The meeting was attended by Commission Secretary Cheryl Mitchell, Ranee Burger, Ozarks/Nixa 43 News-Leader and Eddie Campbell. . Presiding Commissioner Lou Lapaglia and Western Commissioner Bill Barnett met with Todd Wiesehan, Administrator of the Planning and Zoning Department to adopt the amendment to the storm water and L'' ..,•1 erosion control regulations and to establish a fund for a fee in lieu of detention. Todd Wiesehan stated that the order to amend the stormwater regulations did not add anything new to the code. This order specifies what exceptions are allowed and what would be classified as exempt. This will particularly assist a developer when planning a new development. March 12,2012 1 74, €3 Presiding Commissioner Lou Lapaglia asked if this amendment confinns the state regulations. Todd Wiesehan said they do confinn the state regulations. He also addressed the order to establish an account to keep the fees collected from "in lieu of detention." This order is related to the St. Joseph's Catholic Church request and from consultation with Great River Associates.The order gives the guidelines of how the funds can be used and gives the Auditor the ability to establish a fund. This order is specifically for the storm water system that is part of the James River Watershed. Presiding Commissioner Lou Lapaglia reaffirmed that this order will not serve as a blanket policy and that evey case will be reviewed separately. Ranee Burger asked how much money will be collected from this order. Todd Wiesehan replied that it will vary between cases and the developer will pay the fee. There was also discussion when this would go into effect. The Commissioners discussed making it effective today. $ 8. 2 Motion/Vote - Adopt the Amendment to the Stormwater and Erosion Control Regulations : Western Commissioner Bill Barnett made a motion to adopt the amendment to the stormwater and erosion · control regulations. This amendment is effective this 12th day of March, 2012. Lou Lapaglia seconded the . motion. The motion passed by vote: Lou Lapaglia (Yes), Bill Barnett (Yes), Tom Huff (Absent). Motion/Vote - Establish a Stormwater Management Fund For James River Watershed Western Commissioner Bill Barnett made a motion to establish a stormwater management fund for the James River Watershed this 12th day ofMarch, 2012. Lou Lapaglia seconded the motion. The motion passed by vote: Lou Lapagtia (Yes), Bill Barnett (Yes), Tom Huff (Absent). Court Order - 3-12-12-01 - Adoption of Amendment to the Stormwater and Erosion Control Regulations ORDER NO. 3-12-12-01 ORDER of the - CHRISTIAN COUNTY COMMISSION 4,2.f OZARK, MISSOURI Date: March 12,2012 SUBJECT:Adoption of Amendments to The Stormwater and Erosion Control Regulations for Christian County, Missouri WHEREAS, the government of Christian County, Missouri (hereinafter the "County"), is mandated by applicable law to address the requirements of the National Pollutant Discharge Elimination System (NPDES) small Municipal Separate Storm Sewer System (MS4) permit program requirements as administered by the Missouri Department of Natural Resources, related programs; and, e WHEREAS, the County is responsible for stormwater management for the unincorporated area of Christian County : and has established Stormwater and Erosion Control Regulations approved by the County Commission intended ..4 €1. to facilitate the management thereof; and, 5 WHEREAS, the Stormwater and Erosion Control Regulations for Christian County are authorized to be amended from time to time by Order of the Christian County Commission; and, March 12,2012 N WHEREAS, the benefits of flood control and surface water quality extend to all citizens, institutions and businesses in the County; and, WHEREAS, all real property in Christian County, Including property owned by public and tax-exempt entities, contributes to stormwater runoff, and either uses or benefits from the County's Stormwater Regulation; and, WHEREAS, stormwater runoff contributes to non-point source potluuon to the streams of the County's watersheds, and a stormwater management program and stormwater facilities can reduce this type of pollution; and, WHEREAS, the costs of improving, maintaining, operating, monitoring, and otherwise managing a Stormwater 41.¢ System should be allocated, to the extent practicable, to property owners based on the amount of runoff which corretates closely to the amount of impervious surface area of property. NOW, THEREFORE, on this 12th day of March, 2012, at a duly called meeting of the Christian County Commission, having received the report and recommendation of the Planning and Zoning Administrator and, after public notice, and in open session, upon motion made by Commissioner Barnett, seconded by Presiding Commissioner Lapaglia, with Eastern Commissioner Huff absent, the Christian County Commission did vote unanimously, to amend the Stormwater and Erosion Controt Regulations for Christian County, Missouri, by adopting the amendments listed below which are intended to clarify cenaln aspects of the Stormwater and Erosion Control Regulations. It will make clear that provisions for stormwater detention are to be considered in ati development proposals unless the development meets the criteria specified making it exempt from all or part of the requirements of the regulation. These amendments serve to re-state existing aspects of the regulation which are spread out in various parts of the book making the requirements therein less ambiguous. IT IS HEREBY ORDERED that Article 1 of The Christian County Stormwater and Erosion Control Regulations shall be amended to include the addition of: Section 5. Stormwater Management Plan Requirements and, Section 6. Developments Exempt from a Stormwater Management Plan IT ES FURTHER ORDERED that a correction be made to Article 8: changing item B -1, Justified Exceptions to item 'C", thereby pladng it in line with the other items in that section as it was intended. IT IS FURTHER ORDERED that the amendments to the Stormwater and Erosion Control Regulations for Christian County, Missouri attached hereto, marked as Exhibit "A· and incorporated herein by this reference shall become effective on the day of signing of this order. IT I S FURTHER ORDERED that except as expressly amended by this Order, all other provisions of the Chtistian County Stormwater and Erosion Control Regulations will remain In full force and effect and unaffected by these Amendments. In the event of a conflict or inconsistency between the Regulations as initially adopted and this Order amending same, this Order's Amendments shall control. .. .. 5% e ., Done this 12th day of March, 2012, at 10:15 a.m. Yes: X CHRISTIAN COUNTY COMMISSION .. Lou Lapaglia Dated: March 12,2012 Presiding Commissioner ABSENT Yes: Tom Huff Dated: March 12,2012 Commissioner, Eastern District Bill Barnett Yes: X Commissioner, Western District Dated: March 12,2012 March 12,2012 W ATTEST: Kay Brown County Clerk Court Order - 3-12-12-02 - Establish a Stormwater Management Fund ORDER NO. 3-12-12-02 ORDER of the CHRISTIAN COUNTY COMMISSION OZARK, MISSOURI DATE: March12th, 2012 SUBJECT: AN ORDER ESTABLISHING A STORMWATER MANAGEMENT FUND FOR THAT PORTION OF THE JAMES RIVER WATERSHED WHICH LIES WITHIN CHRISTIAN COUNTY, MISSOURI WHEREAS, all real property In Christian CounM, including property owned by public and tax-exempt entities, that 3 has impervious surfaces increases stormwater runoff, which contributes to non-point source pollution to the streams of the County's watersheds; and WHEREAS, the government of Christian County, Missouri (hereinafter the ·County"), is mandated by applicable law to address the requirements of the National Pollutant Discharge Elimination System (NPDES) through the small Municipal Separate Storm Sewer System (MS4) permit program requirements, as administered by the Missouri Department of Natural Resources; and WHEREAS, the County has also been mandated by the United States Environmental Protection Agency (US EPA), as administered by MoDNR, to obtain a permit for Its stormwater quality management system; and WHEREAS, the County desires that the benefits of effective stormwater management, flood control and surface water quality be provided to all Institutions, businesses and citizens in Christian County to protect them, to the extent practicable, from the loss of life and propeny damage caused by flooding, and to minimize the impacts to surface water quality from runoff; and WHEREAS, tile County Is responsible for stormwater management for the unlncorporated areas of Christian County; and WHEREAS, the County wishes to provide a fatr, equitable, and dependable source of funds for it to assist in the management of stormwater In Christian County in a manner that complies with applicable federal and state law; and WHEREAS, management of the Stormwater System to protect the public's health, safety, and welfare requires adequate revenues to partially finance the costs of improving, maintaining, operating, monitoring, and otherwise managing a stormwater management system through a Fee in Lieu of Detention system in specific instances where it is determined to be reasonable and equitable by the County Commission so that each user of the system pays a fee to the extent their property is estimated to contribute to the need for stormwater management based on the amount of runoff which correlates to the amount of impervious surface area of the propeny; and WHEREAS, the County Commission believes it is in the public interest to implement a stormwater Impact fee to be used to fund the construction, operation, and maintenance of stormwater facilities in the unincorporated areas of the James River Watershed in Christian County, Stormwater System planning, stormwater quality control operations, and review of development plans for compliance with stormwater management codes; and WHEREAS, the County further recognizes that a Fee in Lieu of Detention may not be appropriate in every given situation and reserves the rightto set precedent with each new case considered depending on the unique drcumstances surrounding each request. March 12,2012 NOW, THEREFORE, on this 12th day of March, 2012, at a duly called meeting of the Christian County Commission, having received the report and recommendation of the Planning and Zoning Administrator and the County's Contract Engineer and, after public notice, and in open session, upon motion duty made by Commissioner Barnett, seconded by Commissioner Lapaglia, with Commissioner Huff being absent, the Christian County Commission did vote to establish a James River Watershed Stormwater Management Fund for that portion of the James River Watershed which lies within the unincorporated areas of Christian County, Missouri. IT IS FURTHER ORDERED that the ".James River Watershed Stormwater Management Fund· (hereinafter referred to as the 'Fund") be established to provide a supplemental source of funding and support for the operation, construction and maintenance of Stormwater System fadlities; Stormwater System planning; stormwater quality control operations; the review of development plans for compliance with Christian County's Stormwater and Erosion Control Regulations. IT IS FURTHER ORDERED that the fee in lieu of detention shalt be based, In part, on the amount of stormwater that Is projected to be discharged into the Stormwater System from each developed parcel of property located within the unincorporated areas of Christian County, Missouri, which are within the James River Watershed, based on the amount of a parcel's imper'vious surface area. The fee in lieu of detention is intended to assess landowners or developers a fair and equitable fee comparable to the cost of constructing an appropriate Stormwater Management System that they might otherwise be required to build on their property. IT IS FURTHER ORDERED that all revenues generated from Fees received in Ueu of Detention from real property located in the unincorporated areas of Christian County within the James River Watershed shall be deposited into said Stormwater Fund to be used exclusively for the following Stormwater System Programs and purposes in the James River Watershed: 1. acquisition of eat property or easements by gift, purchase, or condemnation necessary to construct, operate, and maintain stormwater management facilities; 2. costs of administration and implementation of the Stormwater System Program; 3. engineering and design, debt service and related financing expenses, planning, construction costs for new Stormwater System facilities, and entargement or Improvement of existing System facilities; 4. operation and maintenance of the Stormwater System, related facilities and Improvements, including the monitoring, inspection and maintenance of storm water control devices and facilities: 5. water quality monitoring and water quality programs; 6. Inspection and enforcement activities; 7. other activities that are reasonably required to manage and operate the Stormwater System. To the extent the Fees collected in Ueu of Detention are insufficient to construct needed Stormwater System facilities, the cost of the same may be paid from such County funds as may be determined to be necessary by the County Commission in the exercise of its sote discretion. Done this 12th, day of March, 2012, at 10:15 a.m. CHRISTIAN COUNTY COMMISSION Lou Lapaglia Yes: X Presiding Commissioner Dated: March 12, 2012 Tom Huff ABSENT Yes: Commissioner, Eastern District Dated: March 12,2012 Bill Barnett Yes: X Commissioner, Western District Dated: March 12,2012 ATTEST: Kay Brown County Clerk 23385-000\474162.doc March 12,2012 4,1 Ilf Motion/Vote - 10:00 a.m. Award Office Supplies Bid Western Commissioner Bill Barnett made a motion to award the county's office supply bid to Quill with the exception o f the copy paper. Springfield Office supply will be awarded the copy paper should they decline the bid will go to Admiral Express. Lou Lapaglia seconded the motion. The motion passed by vote: Lou Lapaglia (Yes), Bill Barnett (Yes), Tom Huff (AbsenO. The effective date is March 15,2012. The meeting was attended by Commission Secretary Cheryl Mitchell and Charlene Gabbard from Admiral Express. Presiding Commissioner Lou Lapagalia expressed his appreciation to Commission Secretary's Julia Maples and Cheryl Mitchel for the their excellent work of putting this information in a spread sheet for comparison. Motion/Vote - 10:15 a.m. Centurylink Re:Renew Software for Phone Maintenance Western Commissioner Bill Barnett made a motion to renew the software phone maintenance agreement with Centurylink for one year for $ 1,200.00 Lou Lapaglia seconded the motion. The motion passed by vote: Lou Lapaglia (Yes), Bill Barnett (Yes), Tom Huff(Absent). The Commissioners signed the maintenance agreement. The meeting was attended by Commission Secretary Chery Mitchell. 10:30 a.m. Sheriff's Department Captain Brian Cathey Re: Bid Decision Jail Vehicle The meeting was attended by Commission Secretary Chelyl Mitchell. Presiding Commissioner Lou Lapaglia and Western Commissioner Bill Barnett met with Captain Brian Cathey for a recommendation to purchase ajail vehicle to transport prisoners. Captain Cathey recommended to the County Commission to purchase from the State Surplus Supply the following: 2008 G3500 Cheverolet 1 ton 15 passenger van that has 64,000 miles, and is regular gas powered for $ 15,500.00. The current maroon van will be sold as surplus van. Motion/Vote - Award Sheriff's Transport Van Western Commissioner Bill Barnett made a motion to award tile bid to the State Surplus Supply for a 2008 G3500 Cheverolet l ton 15 passenger van for $ 15,500.00. Lou Lapaglia seconded the motion. The motion passed by vote: Lou Lapaglia (Yes), Bill Barnett (Yes), Tom Huff(Absent). Sign9*tires " t.0 Lapaglia/Presidinc°tfssioner March 12,2012 t f. Christian County Commission March 14, 2012 Convene Presiding Commissioner Lou Lapaglia called the meeting of the County Commission to order at 8:30 a.m. on March 14, 2012 at the County Commission Office. Attendance: Lou Lapaglia, Present: Bill Barnett Present: Tom Huff, Absent. Coune Clerk Kay Brown is taking the minutes. 8:30 a.m. GIen Pace - Human Resource Consultant Re: Matrix The meeting was attended by Commission Secretmy Julia Maples, Chief Payroll Clerk Tom Lawson, Ranee Burger from the Springfield News leader and Assistant Prosecutor Donovan Dobbs. Presiding Commissioner Lou Lapaglia and Western Commissioner Bill Barnett met with Glen Pace and Chief Payroll Clerk Tom Lawson for a continuation of the county's wage matrix. Presiding Commissioner Lou Lapaglia expressed his appreciation to GIen for his work on the County's strategic plan and the matrix. Glen Pacesaidhehad received a bunch of information from Tom Lawson that he is using for the matrix. The matrix will consist of 10 different ranges based on the employee'sjob descriptions. He recommended to the Commission that tile matrix be done in a two-step process to raise wages to tile median level that is comparable to wages in the area. Presiding Commissioner Lou Lapaglia said we can't compare our wages to Greene County but we should be able to compare ourselves to Stone and Taney Counties. He suggested that we begin with the employees that are on the lowest salary tier. We must prepare for tile county to move to a first class status and we want to bring the employees along. The county cannot continue to be a training ground for people to leave for better paying jobs. Glen Pace said he should have the matrix in the first form and have it finished in the month ofMay. He is concerned that it will take two steps to begin the process to reach median wage. He said we will run into /0 ..4 compression problems because the wage adjustment will have nothing to do with length of service. The wages will be based onjob performance and responsibility. Glen Pace said the biggest problem is the Sheriffs department with the high turnover rate and he doesn't have a solution. The sheriffs deputies are underpaid as well as the road crew. Tom Lawson presented a spread sheet that is an analysis of the existing staff with the titles associated with the job description. David Stokely suggested looking at the assessed valuation as a benchmark to determine wages. Presiding Lou Lapaglia said that we also need to address the issue of the money that we give to the cities and the special road districts. Glen Pace said that Christian County is a great place to live but there is very little shopping available. Tom Lawson suggested that tile county set a minimum wage for the county. Tom has concern that many of the lower income earners are applying for government assistance because they are living at the poverty level. Presiding Commissioner Lou Lapaglia said we can't control what people do with their money but the cost of living has gone up. March 14, 2012 1, 4, h Tom Lawson presented some background information ofan employee that worked in the Sheriffs Department and voluntarily terminated and applied for unemployment. They received it due to problems that were identified in herjob. The next meeting is set for Wednesday, April 4th, 2012. Sign*pres j Lou Eapa9711Pres'r°'(7sioner March 14,2012 to l4 t 1 Christian County Commission March 15,2012 Convene Presiding Commissioner Lou Lapaglia called the meeting ofthe County Commission to order at 7:55 a.m. ' on March 15,2012 at the County Commission Office. Attendance: Lou Lapaglia, Present: Bill Barnett, Present: Tom Huff, Absent.County CIerk Kay Brown is taking the minutes. Motion/Vote - 7:55 a.m Approve March 2012 Minutes and the Public Building Corp. Western Commissioner Bill Barnett made a motion to approve the March 8th, 2012 minutes for the Commission and the Public Building Corporation. Lou Lapaglia seconded the motion. The motion passed by vote: Lou Lapagtia (Yes), Bill Barnett (Yes), Tom Huff (Absent). 8:00 a.m. Mathews & Associates Re: Contract Postponement The meeting was attended by Commission Secretary Cheryl Mitchell, Doug and Cari Martins, Mark Acker, Patricia Hook and Ray Weter. Presiding Commissioner Lou Lapagtia and Western Commissioner Bill Barnett addressed the need for alternative funding for the Riverside Bridge because the project has become stagnant. There have been many conversations with Fred Mathews and Associates and they have agreed that the project needs to be rebid and to look at other possibilities. Presiding Commissioner Lou Lapaglia said that we have an obligation to the people that live on the other side of the bridge. There is concern for the fourteen minutes it takes an emergency vehicle to reach those citizens that live on the other side ofthe bridge and the negative impact on the economy. By having the bridge closed, citizens are forced to drive to Springfield because it is prohibitive to drive to Ozark. Fred Mathews has agreed to rebid the project and present it to MODOT. We anticipate that we will use him in the future on other projects. Ray Weter said that Becky Holtz did not have Riverside Bridge as a priority because they don't understand what the people are experiencing that live on the other side of the bridge. Presiding Commissioner Lou Lapaglia said if we don't do anything then we are not serving our constituents'. Kris Dyer asked why it become stagnant has. Presiding Commissioner Lou Lapaglia said that there is no funding but a bill has been signed by the Senate for the bridges and roads and if money is transferred to Missouri. Fred Matthews has worked diligently to obtain more funding. Kris Dyer asked what happened to BRO funds Presiding Lou Lapaglia said most of the funds went into the engineering costs required for the project. Doug Martins asked, what is the plan that has been presented by Fred Mathews. Presiding Commissioner Lou said they have petitioned FEMA to run the bridge over the flood plain area March 15, 2012 1 l. .. t but the previous administration signed an agreement with FEMA that no structure would be built in that area. Presiding Commissioner Lou Lapaglia is hoping to have additional eyes to look at Riverside Bridge project. Kris Dyer and Doug Martins would like to see the plans for Riverside Bridge. Ray Weter asked can the plans be placed on the web for viewing. Presiding Commissioner Lou Lapaglia said he is reluctant to put it on the web because we are in the planning stages of the bridge. Doug Martins said the signs are down by the bridge. Mark Acker asked can you have Fred Mathews email the plans Donna Osborn asked how many hours and how much has been paid to Fred Mathews and Associates and what has he produced thus far? Presiding Lou Lapaglia said that the amount that has been paid is on file with the Treasurer. Presiding Commissioner Lou Lapaglia said in the early months of2010 the County accepted BRO funds and you have to comply with the requirements or return the funds back to MODOT. Presiding Commissioner Lou Lapaglia expressed his appreciation to the people for coming. Motion/Vote - Postpone the Contract with Mathews & Associates Western Commissioner Bill Barnett made a motion to postpone the contract with Mathews & Associates for the engineering services for Riverside Bridge. Lou Lapaglia seconded the motion. The motion passed by vote: Lou Lapaglia (Yes), Bill Barnett (Yes), Tom Huff (Absent). Motion/Vote - Rebid the Riverside Bridge Project Western Commissioner Bill Barnett made a motion to rebid the Riverside Bridge project. Lou Lapagtia seconded the motion. The motion passed by vote: Lou Lapaglia (Yes), Bill Barnett (Yes), Tom Huff (Absent). Motion/Vote - 8:35 a.m. Meeting Adjourned Western Commissioner Bill Barnett made a motion to adjourn meeting at 8:35 a.m. Lou Lapaglia seconded the motion. The motion passed by vote: Lou Lapaglia (Yes), Bill Barnett (Yes), Tom Huff (Absent). 9:00 a.m. Tyler Moles - PC Net Re: Web Filtering Discussion The meeting was attended by Commission Secretary Cheryl Mitchell, Treasurer Karen Matthews and Recorder Kelly Hall. Presiding Commissioner Lou Lapaglia and Western Commissioner Bill Barnett met with Tyler Moles of P.C. Net to discuss web filtering. Tyler Moles said that P.C. Net would give the County a discount for a three or a five year contract. The installation cost would be an additional $ 2,000.00. 1 year $ 4.494.00 and $ 2,000.00 for insulation March 15,2012 2 4, 3 year $ 4.246.00 5 year $ 3,998.00 The web filtering for the cost stated would apply to the following offices: County Commission, County Clerk, Treasurer, Auditor and Public Administrator. The Recorder, Assessor and Collector are on different servers and would require separate contracts. Recorder Kelly Hail said she would like to be included in the same price proposal that the Commission was offered. Presiding Lou Lapaglia requested that Recorder Kelly Hall receive the same pricing. Recorder Kelly Hali asked to have the $ 2,000.00 installation cost reduced. Tyler Moles said the web filtering will increase security and efficiency ofthe network. For this reason, Mr. Moles reduced the installation fee to $ 1,700.00. Treasurer Karen Matthews asked who will make the decision on what is filtered in each office. Tyler Moles said that each office will determine what is filtered. Treasurer Karen Matthews said that if the web filter increases security and efficiency of the network that will result in a decrease in time spent on the network than there should be a cost reduction in the annual pulse agreement. Mr. Moles anticipates that it will provide a reduction in the cost ofthe pulse contract. Recorder Kelly Hall said that she would agree to purchase the web filtering for the same price. Motion/Vote - Approve Web Filtering for the Courthouse Computer Network Western Commissioner Bill Barnett made a motion to approve the web filtering system from P.C. Net for $ 3,398.00 for a five year period and $ 1,700.00 for the installation. These prices are available for the Recorder and the Assessor. Lou Lapaglia seconded the motion. The motion passed by vote: Lou Lapagtia (Yes), Bill Barnett (Yes), Tom Huff(Absent). 9:15 a.m. Tyler Moles of PC Net Re: Email Archival Decision The meeting was attended by Commission Secretary Cheryl Mitchell, Treasurer Karen Matthews, Recorder Kelly Hall and Representative Ray Weter. Presiding Commissioner Lou Lapaglia and Western Commissioner Bill Barnett met with Tyler Moles of P.C. Net to discuss an email archival program. The cost for this service is $ 3,000.00 a year but if paid in full, the cost is reduced by a third to $ 2,000.00. This service covers all emails that ends in christiancountymo.gov. Motion/Vote - Approve the Email Archival Service Western Commissioner Bill Barnett made a motion to approve the email archival service for one year at a cost of$ 2,000.00 for all email accounts that end in christiancountymo.gov. Lou Lapaglia seconded the motion. The motion passed by vote: Lou Lapaglia (Yes), Bill Barnett (Yes), Tom Huff (Absent). March 15, 2012 3 J. t 10:00 a.m. Christian County Commission Re: Remonumentation Contract Survey 5 Corners The meeting was attended by Commission Secretary Cheryl Mitchell. Presiding Commissioner Lou Lapaglia and Western Commissioner Bill Barnett reviewed the contract that was signed in 2009 with the Department ofNatural Resources regarding the five corners of the remonumentation program. The contract states that the remonumentation is scheduled to be done and the Department of Natural Resources will pay the County Surveyor Loyd Todd $ 250.00 per marker and the County will pay the balance of the remonumentation. Motion/Vote - Approve the Five Corner Remonumentation Program Western Commissioner Bill Barnett made a motion to approve the five corner remonumentation program with the Missouri Department ofNatural Resources. Lou Lapaglia seconded the motion. The motion passed by vote: Lou Lapaglia (Yes), Bill Barnett (Yes), Tom Huff (Absent). Sig0ures f1 '40.kpic 522 Lou Capa&11h/Pres nmissioner March 15,2012 4 Ir Christian County Commission March 19, 2012 Convene Presiding Commissioner Lou Lapaglia called the meeting of the County Commission to order at 8:55 a.m. on March 19, 2012 at the County Commission Office. Attendance: Lou Lapaglia, Present: Bill Barnett, Present: Tom Huff, Absent. County Clerk Kay Brown is taking the minutes. Motion/Vote - 8:55 a.m. Approve the March 12,14, 2012 Minutes Western Commissioner Bill Barnett made a motion to approve the March 12,14,2012 minutes. Lou Lapagtia seconded the motion. The motion passed by vote: Lou Lapagtia ('yes), Bill Barnett (Yes), Tom Huff (Absent). The meeting was attended by Commission Secretary Cheryl Mitchell. 9:00 a.m. Common I and Common II Bid Decision Re: Dump Truck The meeting was attended by Commission Secretary Cheryl Mitchell and Kent Herring of Peterbilt, Presiding Commissioner Lou Lapaglia and Western Commissioner Bill Barnett met with Common l Supervisor Richard Teague and Common II Supervisor Brent Young to discuss the purchase of a dump truck for the Common I Road District. Richard Teague made a recommendation to the Commission to purchase the 348/8LL 16 foot Hilbilt bed for the price of$ 105,693.00 which includes a five year warranty or 100,000 miles, whichever comes first. Richard Teague mentioned that they will sell the 1992 International truck for surplus property. Western Commissioner Bill Barnett suggested that they could possibly trade in the 1992 truck to go against the price ofnew truck. Motion/Vote - Award the Common 1 Road District Dump Truck Western Commissioner Bill Barnett made a motion to award the Common 1 Road District dump truck to Peterbilt for a total of $ 101,693.00. This price includes a a five year warranty/100,000 mile warranty and a $ 4,000.00 trade-in allowance for a 1992 International dump truck. Lou Lapaglia seconded the motion. The motion passed by vote: Lou Lapaglia (Yes), Bill Barnett (Yes), Tom Huff (Absent). Motion/Vote - 9:15 a.m. Proclamation Motorcycle Awareness Month Western Commissioner Bill Barnett made a motion to proclaim April 22, 2012 as motorcycle awareness day and the month of May 2012, as motorcyle awareness month. Lou Lapaglia seconded the motion. The motion passed by vote: Lou Lapaglia (Yes), Bill Barnett (Yes), Tom Huff(Absent). The meeting was attended by Commission Secretary Cheryl Mitchell. ProcIamation - 3-19-12-01 - Motorcycle Awareness Day & Month Proclamation Whereas, the months of April and May are traditionally the beginning of the motorcycle riding season throughout the State of Missouri: and Whereas, motorcycle riding is a popular form of transportation and recreation for thousands of people across the March 19,2012 1 f 1 62 '6-Ar' state and nation; and Whereas, the safety issues of motorcycle riding shoutd be of great concern to motorcycle riders, as well as all other motor vehicle operators; and Whereas, motorcyclists are vulnerable to injury caused by motorists who fail to see and react appropriately to their existence in traffic; and Whereas, it is especially important that the citizens of our state be aware of motorcycles on the streets and highways and recognize the importance of motorcycle safety; and Whereas, all motorcycle organizations, clubs, dealerships, groups, and highway safety officials should join in actively promoting safe operation, increased rider training, improved licensing efforts, and motorist awareness; and Whereas, all highway users should unite in the safe sharing of roadways throughout the County of Christian all yearlong. Whereas, April 22nd, 2012 is recognized as Motorcycle Awareness Day and May2012 to be Motorcycle Awareness Month. In witness whereof, we have set our hands on behalf of the County of Christian to be affixed this 19th day of March in the year of our Lord Jesus Christ, Two Thousand Twelve. Bill Barnett Lou Lapaglia Tom Huff - Absent Western Commissioner Presiding Commissioner Eastern Commissioner Signatures n .- ou Oapaglia/Pregidg ?9 nissioner March 19,2012 t.i Christian County Commission March 22, 2012 Convene Presiding Commissioner Lou Lapaglia called the meeting of the County Commission to order at 9:00 a.m. on March 22,2012 at the County Commission Office. Attendance: Lou Lapaglia, Present: Bill Barnett, Present: Tom Huff, Absent. County Clerk Kay Brown is taking the minutes. Motion/Vote - 9:55 a.m. Approve the March 15,19,2012 Minutes Western Commissioner Bill Barnett made a motion to approve the March 15, 19, 2012 minutes. Lou Lapaglia seconded the motion. The motion passed by vote: Lou Lapaglia (Yes), Bill Barnett ('yes), Tom Huff (Absent). The meeting was attended by Commission Secretary Cheryl Mitchell and Todd Wiesehan and Karen Haynes of the Planning and Zoning Department. Motion/Vote - 9:55 a.m. Approve the Right-of-Way Deeds for SpringhilI, Colombo and Cottonwood Rds. Western Commissioner Bill Barnett made a motion to approve the Right-of-Way Deeds for Springhill, Colombo and Cottonwood Roads to be maintained by the Common 1 Road District. Lou Lapaglia seconded the motion. The motion passed by vote: Lou Lapaglia (Yes), Bill Barnett (Yes), Tom Huff (Absent). The meeting was attended by Commission Secretary Cheryl Mitchell and Told Wiesehan and Karen Haynes of the Planning and Zoning Department. Ordinance - 3-22-12-01 - Right-of-Way Deed for Springhill Road- Common 1 The County Commission approved and signed the Right-of-Way Warranty Deed for Springhill Road to transfer additional right-of-way along Springhill Road to the Common 1 Road District. The Grantor is Mark Bolin. The deed was attested by County Clerk Kay Brown. Ordinance - 03-22-12-02 - Right-of-Way Warranty Deed for Colombo and Cottonwood Roads The County Commission approved and signed the Right-of-Way Warranty Deeds for Colombo and Cottonwood Roads to transfer additional right-of-way along Colombo and Cottonwood Roads to the Common 1 Road District. The Grantors are Michael E. Wilson, Trustee and Melissa A. Wilson, Trustee. The deeds were attested by County Clerk Kay Brown. 12:00 p.m. Commissioners Attend the Ozark Chamber Luncheon Presiding Commissioner Lou Lapaglia and Western Commissioner Bill Barnett attended the Ozark Chamber Luncheon at the Ozarks Community Center. 2:00 p.m. Greg Williams ConnelI Insurance Re: Insurance Update The meeting was attended by Commission Secretary Julia Maples. Presiding Commissioner Lou Lapaglia and Western Commissioner Bill Barnett met with Greg Williams of Connell Insurance to have a update on the county's workers compensation insurance figures. Mr. Williams said that our claims are down which should keep our premiums low. He said that everything is trending well and we will receive a 3% credit of $ 6,249.77 on the annual preminum to be used for safety equipment. March 22,2012 1 N- .5 2/3 Presiding Commissioner Lou Lapaglia asked ifthey could use the credit to purchase heavy work boots for the road department employees and pepper spray. Mr.Williams said that would be fine. He also said that the credit can be carried over to the next year. Sign ures j. March 22, 2012 2 412# 1 Christian County Commission March 26, 2012 Convene Presiding Commissioner Lou Lapagtia called the meeting of the County Commission to order at 8:55 a.m. on March 26,2012 at the County Commission Office. Attendance: Lou Lapaglia, Present: Bill Barnett, Present: Tom Huff, Absent.County Clerk Kay Brown is taking the niinutes. Motion/Vote - 8:55 a.m. Approve the March 22, 2012 Minutes Western Commissioner Bill Barnett made a motion to approve the March 22,2012 minutes. Lou Lapaglia seconded the motion. The motion passed by vote: Lou Lapaglia (Yes), Bill Barnett (Yes), Tom Huff (Absent). The meeting was attended by Commission Secretary Julia Maples, Andrew Seiler ofMODOT, Dan Watts of Southwest Missouri Council of Goverments and Todd Wiesehan Planning and Zoning Administrator. 9:00 a.m. Dan Watts - SMCOG Re Transportation Needs The meeting was attended by Commission Secretary Julia Maples, Common 1 Road District Supervisor Richard Teague, Common 2 Road District Supervisor Brent Young, Spencer Jones of Great River Associates, Todd Wiesehan Planning and Zoning Administrator, Beth A. Schaller and Andrew Seiler of Missouri Department ofTransportation and Donna Osborn of the Christian County Headliner News. Presiding Commissioner Lou Lapaglia and Western Commissioner Bill Barnett met with Dan Watts of Southwest Missouri Council of Governments to discuss transportation needs. Mr. Watts presented the County's transportation needs ranked in priority ofreceiving funds. Presiding Commissioner Lou Lapaglia noted that Highway 14 wasn't listed on theprioritylist except for the intersections of Highway P and Highway K. Presiding Commissioner Lou Lapaglia asked do bridges make the list because Riverside Bridge is closed. Mr. Watts said that Riverside Bridge can be placed on the list but it can't compete with the other transportation application. Now that MODOT has combined district 7 and district 8 which includes the Joplin area, they have greater representation. . Presiding Commissioner Lou Lapaglia asked if the crossing on Highway 125, in front of Chadwick School was on the list. There are children that cross the highway due to parking. Mr. Watts said that he spoke with Superintendent Wheeler but this location cannot compete with the designated sites for transportation funds. Mr. Watts said, EE Highway to Hightandville has been designated to become a four lane highway. Mr. Watts suggested that the County submit proposals as a corridor approach because those applications seem to receive more attention. He also mentioned that Highway 160 by the Spokane exit is listed to receive funding. Western Commissioner Bill Barnett said this spring, Hawkins Bridge will have the barring's repaired and the ibar and truss alignment. Beth Schaller asked would the county be interested in doing a fifty-fifty cost share program. Presiding Commissioner Lou LapagIia said that the county funds for transportation improvements March 26,2012 1 \6 are for the CC corridor project. He said it could possible but not at this time. COURT ORDER STATE OF MISSOURI }SS. COUNTY OF CHRISTIAN January Term, 2011 In the Christian County Commission of said County, on the 22nd, day of March 2012, the following, among other proceedings, were had, viz: The Treasurer is hereby ordered to transfer the sum of $ 104,274.28, from the County Revenue CART Fund to the following: BRIDGE $ 15,641.14 ROAD DISTRICTS COMMON ROAD #1 $ 31,145.68 COMMON ROAD #2 $ 30,560.71 BILLINGS SPECIAL $ 10,822.11 GARRISON SPECIAL $ 2,233.56 OZARK SPECIAL $ 8,748.09 SELMORE SPECIAL $ 3,456.69 S. SPARTA SPECIAL $ 1,054.73 STONESHIRE SPECIAL $ 611.57 E61.liapaglireIdiIA]-40;hmissioner March 26,2012 2 4 0 Christian County Commission March 29,2012 Convene Presiding Commissioner Lou Lapaglia called the meeting ofthe County Commission to order at 8:55 a.m. on March 29,2012 at the County Commission Office. Attendance: Lou Lapaglia, Present: Bill Barnett, Present: Tom Huff, Absent. County Clerk Kay Brown is taking the minutes. Motion/Vote - 8:55 a.m. Approve the March 26, 2012 Minutes * Western Commissioner Bill Barnett made a motion to approve the March 26,2012 minutes. Lou Lapagiia seconded the motion. The motion passed by vote: Lou Lapaglia (Yes), Bill Barnett (Yes), Tom Huff (Absent). The meeting was attended by Commission Secretary Cheryl Mitchell, Sheriff Joey Kyle, Mike Kelley of Kelley's Police and Tactical Supply, LLC and Steve Edison. 9:00 a.m. Sheriff Joey Kyle - Bid Opening Re: Equipment for Officers The meeting was attended by Commission Secretary Cheryl Mitchell, Sheriff Joey Kyle, Mike Kelley of Kelly's Police and Tactical Supply, Steve Eidson from EDI Plus and Captain Brian Cathey. Presiding Commissioner Lou Lapaglia and,Western Commissioner Bill Barnett met with Sheriff Joey Kyle to discuss equipment for the officers. There was one bid received from EDI Plus ofNixa Missouri. Sheriff Kyle recommended that the bid be amended to include Kelley Police and Tactical Supply as a secondary vendor if the products are not available from EDI Plus ofNixa, Missouri. Motion/Vote - Award the Sheriff's Equipment Western Commissioner Bill Barnett made a motion to award the equipment bid to EDI with the secondary provider ofKelley Police and Tactical Supply LLe. Lou Lapaglia seconded the motion. The motion passed by vote: Lou Lapaglia (Yes), Bill Barnett (Yes), Tom Huff (Absent). The meeting was attended by Commission Secretary Cheryl Mitchell, Sheriff Kyle, Captain Cathey and Mr. Kelley of Kelley Police and Tactical Supply LLC. ' 9:15 a.m. Sheriff Joey Kyle - Bid Opening Re: Balistie Vests The meeting was attended by Commission Secretary Cheryl Mitchell, Sheriff Joey Kyle, Captain Brian Cathey, and Mr. Kelley of Kelley Police and Tactical. Presiding Commissioner Lou Lapaglia and Western Commissioner Bill Barnett met with Sheriff Joey Kyle for a bid opening for the officers's balistic vests. There was only one bid submitted from Kelley's Police and tactical Supply. Sheriff Kyle recommended that the Commission award the bid to Kelley's Police and Tactical Supply. Motion/Vote - Award the Sheriff's Balistic Vests Western Commissioner Bill Barnett made a motion to award the balistic vests to Kelley's Police and Tactical Supply. Lou Lapaglia seconded the motion. The motion passed by vote: Lou Lapaglia (Yes), Bill Barnett (Yes), Tom Huff (Absent). 9:30 a.m. Sheriff Joey Kyle - Bid Opening Re: Vehicle Equipment for Officers March 29, 2012 1 The meeting was attended by Commission Secretary Cheryl Mitchell. Presiding Commissioner Lou Lapaglia and Western Commissioner Bill Barnett met with SheriffKyle and Captain Brian Cathey for a bid opening for officer equipment from the following company: At Large Sales, from Nixa Missouri was the only bid that was submitted. i Sheriff Kyle requested that At Large Sales be awarded the bid. Motion/Vote - Officer Equipment Bid Awarded Western Commissioner Bill Barnett made a motion to award the officers equipment bid to At Large Sales from Nixa Missouri. Lou Lapaglia seconded the motion. The motion passed by vote: Lou Lapagtia (Yes), Bill Barnett (Yes), Tom Huff(Absent). 9:45 a.m. Common 1 and Common 2 Road Dept. Re: Bid Opening CuIverts The meeting was attended by Commission Secretary Cheryl Mitchell, Jim Hargrave of West Pipe Company and Danny Parker of Waterwork Specialties, Inc. Presiding Commissioner Lou Lapaglia and Western Commissioner Bill Barnett met to open bids for culverts from the following:the companies: West Pipe Company - El Dorado Springs Waterwork Specialites, Inc. Metal Culverts- Jefferson City, Missouri A decision for the culverts will be made on Thursday, April 5th, 2012. Motion/Vote - Decision Date Scheduled for Culvert Bid Western Commissioner Bill Barnett made a motion to make a decision regarding the culverts on Thursday, April Sth, 2012. Lou Lapaglia seconded the motion. The motion passed by vote: Lou Lapaglia (Yes), Bill Barnett (Yes), Tom Huff(Absent). 10:00 a.m. Phil Amtower, Emergency Management Administrator Re: Mutual Aid Agreement The meeting was attended by Commission Secretary Cheryl Mitchell. Presiding Commissioner Lou Lapaglia and Western Commissioner Bill Barnett were to meet with Phil Amtower, Emergency Management Administrator to discuss the mutual aid agreement but the meeting was postponed because the agreement has not been approved by the County Counselor. The meeting was rescheduled to Monday at 9:30 a.m. Sig3;atureg i 4*UP<«4 696 1 u Lapaglia/Pr*ir bmmissioner March 29,2012 2 4 '16 Christian County Commission March 29, 2012 Convene Presiding Commissioner Lou Lapaglia called the meeting of the County Commission to order at 8:55 a.m. on March 29, 2012 at the County Commission Office. Attendance: Lou Lapaglia, Present: Bill Barnett, Present: Tom Huff, Absent. County Clerk Kay Brown is taking the minutes. -4 1.a *19 Motion/Vote - 8:55 a.m. Approve the March 26, 2012 Minutes Western Commissioner Bill Barnett made a motion to approve the March 26,2012 minutes. Lou Lapaglia seconded the motion. The motion passed by vote: Lou Lapaglia (Yes), Bill Barnett (Yes), Tom Huff (Absent). The meeting was attended by Commission Secretary Cheryl Mitchell, Sheriff Joey Kyle, Mike Kelley of Kelley's Police and Tactical Supply, LLC and Steve Edison. 9:00 a.m. Sheriff Joey Kyle - Bid Opening Re: Equipment for Officers The meeting was attended by Commission Secretary Cheryl Mitchell, Sheriff Joey Kyle, Mike Kelley of Kelly's Police and Tactical Supply, Steve Eidson from EDI Plus and Captain Brian Cathey. Presiding Commissioner Lou Lapaglia and Western Commissioner Bill Barnett met with Sheriff Joey Kyle to discuss equipment for the officers. There was one bid received from EDI Plus ofNixa Missouri. Sheriff .-:ti 1 1 A-,4•' M#*; ;1 _Jk·r-L- . Kyle recommended that the bid be amended to include Kelley Police and Tactical Supply as a secondary vendor if the products are not available from EDI Plus ofNixa, Missouri. Motion/Vote - Award the Sheriff's Equipment Western Commissioner Bill Barnett made a motion to award the equipment bid to EDI with the secondary provider of Kelley Police and Tactical Supply LLC. Lou Lapagtia seconded the motion. The motion passed by vote: Lou,Lapaglia (Yes), Bill Barnett (Yes), Tom Huff (Absent). The meeting was attended by Commission Secretary Cheryl Mitchell, Sheriff Kyle, Captain Cathey and Mr. Kelley of Kelley Police and Tactical Supply LLC. 9:15 a.m. Sheriff Joey Kyle - Bid Opening Re: Balistic Vests The meeting was attended by Commission Secretary Cheryl Mitchell, SheriffJoey Kyle, Captain Brian Cathey, and Mr. Kelley of Kelley Police and Tactical. Presiding Commissioner Lou Lapaglia and Western Commissioner Bill Barnett met with Sheriff Joey Kyle for a bid opening for the officers's balistic vests. There was only one bid submitted from Kelley's Police and tactical Supply. . 4.*t·*4 -: f Npa.2 Sheriff Kyle recommended that the Commission award the bid to Kelley's Police and Tactical Supply. Motion/Vote - Award the Sheriff's Balistic Vests Western Commissioner Bill Barnett made a motion to award the batistic vests to Kelley's Police and Tactical Supply. Lou Lapaglia seconded the motion. The motion passed by vote: Lou Lapaglia (Yds), Bill Barnett (Yes), Tom Huff (Absent). 9:30 a.m. Sheriff Joey Kyle - Bid Opening Re: Vehicle Equipment for Officers March 29, 2012 1 r 1 4 K The meeting was attended by Commission Secretary Cheryl Mitchell. Presiding Commissioner Lou Lapaglia and Western Commissioner Bill Barnett met with Sheriff Kyle and Captain Brian Cathey for a bid opening for officer equipment from the following company: At Large Sales, from Nixa Missouri was the only bid that was submitted. PiM¥, ' SheriffKyle requested that At Large Sales be awarded the bid. Motion/Vote - Officer Equipment Bid Awarded Western Commissioner Bill Barnett made a motion to award the officers equipment bid to At Large Sales from Nixa Missouri. Lou Lapaglia seconded the motion. Tlie motion passed by vote: Lou Lapaglia (Yesl Bill Barnett (Yes), Tom Huff (Absent). 9:45 a.m. Common 1 and Common 2 Road Dept. Re: Bid Opening Culverts The meeting was attended by Commission Secretary Cheryl Mitchell, Jim Hargrave of West Pipe Company and Danny Parker of Waterwork Specialties, Inc. Presiding Commissioner Lou Lapaglia and Western Commissioner Bill Barnett met to open bids for r cutvcrts from the following the companies: t: West Pipe Company -El Dorado Springs Waterwork Specialites, Inc. 4 Metal Culverts- Jefferson City, Missouri I A decision for the culverts will be made on Thursday, April 5th, 2012. Motion/Vote - Decision Date Scheduled for CuIvert Bid Western Commissioner Bill Barnett made a motion to make a decision regarding the culverts on Thursday, April 5th, 2012. Lou Lapaglia seconded the motion. The motion passed by vote: Lou Lapaglia (Yes), Bill Barnett (Yes), Tom Huff(Absent). 10:00 a.m. Phil Amtower, Emergency Management Administrator Re: Mutual Aid Agreement The meeting was attended by Commission Secretary Cheryl Mitchell. Presiding Commissioner Lou Lapaglia and Western Commissioner Bill Barnett were to meet with Phil Amtower, Emergency Management Administrator to discuss the mutual aid agreement but the meeting was postponed because the agreement has not been approved by the County Counselor. The meeting was 1 1 ·thM ; rescheduled to Monday at 9:30 a.m. Sign,ture, FibL/%3 #Jr -- Lou Lapaglia/Presiding Commissioner /3 -9 Za,j- Bill Barnett/Western Commissioner 01 -* d. )p.* Ray weteFIE*trn d6inhmssldhbf' 6/ December 26,2012 3 4. 1 1 i V ' Christian County Commission December 27, 2012 Convene Western Commissioner Bill Barnett called the meeting ofthe County Commission to order at 9:15 a.m. on December 27,2012 at the County Commission Office. Attendance: Lou Lapaglia, Absent: Bill Barnett, Present: Ray Weter, Present.County Clerk Kay Brown is taking the minutes. Motion/Vote - 9:15 a.m. Approve the December 20, 26, 2012 Minutes and No Financials Western Commissioner Bill Barnett made a motion to approve the December 20th and December 26th, 2012 minutes. Ray Weter seconded the motion. The motion passed by vote: Lou Lapaglia (Absent), Bill Barnett (Yes), Ray Weter (Yes). The meeting was attended by Commission Secretary Cheryl Mitchell. There were no financials to approve today. 9:30 a.m. County Auditor Sam Yarnell Re: Adopt the 2013 County Budget The meeting was attended by Commission Secretary Julia Maples, Bob Rubino, Treasurer Karen Matthews, Stoneshire Road Commissioner Gerald Bellovary and Donna Osborn ofthe Christian County Headliner News. The County Commission met with County Auditor Sam YarneIl to approve the 2013 County Budget. Donna Osborn asked the Commission to give a synopsis ofthe 2013 budget. Eastern Commissioner Ray Weter said the 2013 budget figures for revenues are $ 20,398,522.84 and $ 21,572,061.62 for expenditures. County Auditor Sam Yarnell said the difference will be supplied from the reserves. The additional cost is due to an increase in employee wages and retirement programs. Donna Osborn asked where the revenue comes from for the additional expenses. Treasurer Karen Matthews said we have a line item of $ 150,000.00 which is required by state statute for a reserve. Eastern Commissioner Ray Weter said we have to be able to meet the county's expenses for 2013. Bob Rubino asked do you project an increase in sales tax revenue for 2013. Eastern Commissioner Ray Weter said the 2013 budget projection is flat due to the decrease in sales tax revenue. Sam Yarnelt said people are not buying which affects the budget. Gerald Bellovary made a comment on behalf ofthe Stoneshire Road District; they will be financialIy fine for a couple years but asked what the process is to dissolve a road district. Treasurer Karen Matthews said the Commission needs to prepare for the future by saving money and stated December 27,2012 1 1 4 the special road districts will dissolve and the county will be forced to take their roads. Eastern Commissioner Ray Weter, thanked the Treasurer for her assumption and expressed his appreciation to Stoneshire Road Commissioner Gerald Bellovary for his comments. County Auditor Sam Yarnell said the final numbers for December will be added to the 2013 Budget in January and will be presented for approval. Motion/Vote - Approve the 2013 Proposed Budget Western Commissioner Bill Barnett made a motion to approve the proposed 2013 budget. Ray Weter seconded the motion. The motion passed by vote: Lou Lapaglia (Absent), Bill Barnett (Yes), Ray Weter (Yes). 9:45 a.m. Christian County Commission Re: Lease Agreement 207 South 2nd Street, Ozark, Mo. The meeting was attended by Commission Secretary Cheryl Mitchell, Bob Rubino, Donna Osborn ofthe Christian County Headliner News. The County Commission met to review and approve the lease agreement with Joyce Lowther for the property located at 207 South 2nd Street in Ozark, MO. LEASE AGREEMENT THIS LEASE, made and entered into this 1st day of January 2013, by and between Christian County, Missouri, herein after referred to as "Landlord" and Joyce Lowther, hereinafter referred to as "Tenant" whether there be one tenant or more. 1. Dwelling. The Landlord does hereby rent to the Tenant the following described premises commonly known as: 207 S. 2nd Street, Ozark, MO. 65721 2. Term of Lease. The initial term ofthis Lease shall be for twelve (12) months. The initial term shalI commence on January 1,2013, and shall terminated at 12:00 noon on December 31,2013, provided, however, either Tenant or Landlord may cancel and terminated this Lease by giving sixty (60) days notice on the first day of the month. 3. Rent. The rent for the property shall be FOUR HUNDRE D AND NO/100 DOLLARS ($400.00) per month payable on or before the second Thursday of each and every month to Landlord. Should the rent not be paid when due, there shall bea Seven and No/100 Dollar ($7.00) per day late charge to cover the costs of additional bookkeeping, collection, trips to the property, and other costs that are incurred. Such sums shall accrue on a daily basis and shall be considered for all purposes as additional rent on the property. 4. Occupancy and Use. The premises shall be used and occupied solely as a private dwelling by the above-named Tenant and his immediate family as listed on the application. No one shalI be allowed to reside or live on the premises other than a minor child ofthe Tenant, unless they are the party to this Agreement. The premises shall be used solely for residential purposes and not for any commercial purposes whatsoever. Tenant agrees not to use or permit the use ofthe premises for unlawful or immoral purposes or use the premises in any manner that wouId be contrary to the local ordinances or codes, or cause the property to become uninsured or cause higher insurance rates to go into effect. Tenant agrees to keep the premises in a clean, sanitary, and good order and condition and agrees not to hamper, disturb, or interfere with any other person in the neighborhood nor create or suffer any nuisances on or about the premises affecting the right of others. Tenant December 27,2012 2 1 . 14/- e further agrees to comply with aillaws, ordinances, rules, regulations, and directions of governmental authorities. If Tenant shall fail to keep the property clean and orderly Landlord shall ' have the right to declare a breach ofthis Lease or many correct the conditions after first giving notice to Tenant. Any costs incurred by Landlord, after notice, shall be deemed rent and shall be due and payable on the first day of the next month. 5. Insurance. Tenant is required to maintain renter's insurance, including general liability coverage in an amount not less than TWNETY-FIVE THOUSAND AND NO/100 Dollars ($25,000.00) at all times during the term ofthis lease. Tenant shall provide Landlord with proof of insurance upon request. 6. Entry to Premises. The Landlord expressly reserves the right to enter the house at any reasonable time to examine the house and the contents thereof, and make such repairs, additions, or atterations as Landlord deems necessary for the safety, improvement, and preservation ofthe premises. It is hereby agreed that if Landlord in its own discretion elects to demolish or move the house during the term ofthe Lease, it may give notice to Tenant, and Tenant agrees to vacate the premises, within sixty (60) days of said notice. 7. Damages to Premises. Any damage to the premises done by the Tenant or any other party during the term of this Lease Agreement shall be reported to Landtord within twenty -four (24) hourB. If the damages shall be caused by the Tenant or his guest then the Landlord shall have the option of requiring the Tenant to fix the damage or repairing the damage itself and charging such repairs to the Tenant. The cost of such repairs shall be deemed to be rent under this Agreement and due on the first day ofthe next month. 8. Alternation of Premises. Tenant shall not alter or redecorate the premises without the prior written consent of Landlord. In the event that the Tenant installs any security locking mechanism on the house, the Tenant agrees to provide keys to Landtord immediately upon such installation or hereby expressly allows the Landlord to remove any such security mechanism. In the event that written permission is granted to Tenant to paint the premises, the Tenant shall use only a color acceptable to the Landlord and approved by the Landlord in advance. 9. Destruction of Premises. If the premises are partially or totally damaged or destroyed by fire or act of God, or by any cause whatsoever, the Landlord shall have the option, at its sole discretion, to terminate the Lease or abate the rent for a period of up to one hundred twenty (120) days while the premises are repaired and renovated. During the time that t the premises are uninhabitable, the Tenant shall not be liable for any rent payments, but shall be so liable upon the premises being available for Tenant to move back into 10. Attorney Fees. The Tenant hereby agrees to pay all attorney fees, court c ousts, and other expenses if it is necessary for the LandIord to file any lawsuit to enforce the terms of this Agreement, which shall include rent, late charges, administrative costs, and any other action that may be necessary by Landlord for breach ofthis Lease. As consideration ofthis Lease, the Tenant further agrees to pay aIl attorney fees for Landlord in defending any suit brought by. Tenant in the event a lawsuit is filed by Tenant for a refund of the deposit and Tenant does not recover substantially all ofthe sums prayed for in his lawsuit. TENANT HEREBY AGREES TO WAIVE A JURY TRIAL IN THIS CASE, AS PART OF THE CONSIDERATION OF THE SIGNING OF THIS LEASE. Joyce Lowther, Signature of Tenant 11. Liability. Landlord shall not be liable to Tenant or Tenant's agents, guest, or employees for any damage to them, their persons or property, by way oftheft, burglary, rain water, snow ice sleet, fire explosion, frost, storm, and accidents or by breakage, stoppage, or leakage ofwater, gas, heating, December 27,2012 3 and sewer pipes, electrical wiring or current or plumbing upon, about or adjacent to said premises, or for any negligence of others that may cause damage ofany character whatsoever, Tenant agrees to give LandIord prompt written notice of any accident to or defect in the water pipes, electricity, plumbing, heating, or cooling apparatus or device. 12. Lead-Based Paint. Lessee agrees he has been notified ofwhether the rented dwelling was built prior to 1978. If rented dwelling was built prior to 1978, Lessee agrees he has reviewed and received the EPA Brochure entitled "Protect Your Family From Lead and Lead-Based Paint Hazards. " The Tenant agrees that the above provisions have been read and understood and Tenant will abide by all the provisions in this Lease. Lou Lapaglia, "Landlord", Christian County Presiding Commissioner Joyce Lowther, "Tenant" Attested: Kay Brown, County Clerk Motion/Vote - Approve the Lease Agreement For 207 South 2nd Street, Ozark, Missouri Eastern Commissioner Ray Weter made a motion to approve the lease agreement for 207 South 2nd Street in Ozark, Missouri. Bill Barnett seconded the motion. The motion passed by vote: Lou Lapaglia (Absent), Bill Barnett (Yes), Ray Weter (Yes). The meeting was attended by Commission Secretary The meeting was attended by Cheryl Mitchell, Bob Rubino and Donna Osborn of the Christian County Headliner News. 10:00 a.m. Village of Saddlebrooke Re: Intergovernmetnal Agreement Building Inspections The meeting was attended by Commission Secretary Cheryl Mitchell, Bob Rubino, Todd Wiesehan, and Donna Osborn of the Christian County Headliner News. The County Commission met with the Village of Saddlebrooke to sign an intergovernmental agreement for building inspections. The County will perform building inspections for the Village of Saddlebrooke and will report all violations to the Village and they will take responsibility of all violations. The county is held harmless from all liability and the agreement has been reviewed by the County Counselor. Donna Osborn ofthe Christian what does the agreement do for Christian County. Eastern Commissioner Ray Weter said the County will collect revenue from the inspections fees but are not authorized to enforce the code. The inspections are based on the ordinances of the Village of Saddlebrooke. Western Commissioner Bill Barnett said this agreement supplies a little revenue to help pay the salaries of the building inspectors. Bob Rubino said he and Bill Barnett worked hard to get building codes for the county and he had concern December 27,2012 4 A. that the building codes were not the standard that the county follows. Eastern Commissioner Ray Weter said the agreement follows the same procedures for the County and the City of Fremont Hills. Eastern Commissioner Ray Weter entertained a motion for the Coiunty to enter into an agreement with the Village of Saddlebrooke for one year beginning January 1, 2013 to be in effect through December 31,2013. This contract automatically renews for one year intervals but is required to be readdressed December 31, 2015. INTERGOVERNMENTAL AGREEMENT THIS AGREEMENT, made and entered into on this 27th day of December, 2012 by and between the Village of Saddlebrooke, MO (hereinafter referred to as "Village") and Christian County, MO (hereinafter referred to as "County"). WHEREAS, the Village request that the County provide inspection services for residential and commercial construction within the Village; and WHEREAS, the County has a Building Code Department with inspectors and is agreeable to provide building code inspections for the Village; and WHEREAS, the parties herein are authorized pursuant to section 50.332, RSMo, to enter into this Agreement. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND AGREEMENTS HEREINAFTER CONTAINED, THE PARTIES AGREE AS FOLLOWS: 1. Services. County agrees to provide the building inspection services for all phases of Construction, both residential and commercial, according to the ordinances presently adopted by the Village. 2. Adoption of Building Codes. The Village agrees to adopt an ordinance for a building code and regulations consistent with those building codes adopted by the County Commission under order 03-13-08-Ol or any subsequent amendment thereto. 3. Permits. All building projects within the Village will be subject to the permitting requirements as described in County Commission order 03-13-08-01, Adoption ofBuilding Codes and Regulationsfor Christian Counot Any applicant seeking a construction permit within the shall first apply to the Village Clerk for a certificate to identify the property for which a construction permit will be sought to ensure the property is properly zoned for the construction anticipated and that the Village has approved its design and construction. This certificate will then be submitted to the County Building Inspection Department with the application for any building permit. 4. Fees. The Village agrees the County may charge a reasonable fee for building inspection services for inspections in the Village in accordance with the fee schedule adopted under County Commission order 03-13-08-01 or any subsequent amendment thereto. Each project to be inspected within the Village will be charged the appropriate building inspection fees per each person seeking a permit. All applicants for permits shall make the necessary deposit of funds for such inspection fees with the County, at or before the time ofthe permits issuance. No inspection will be provided by the County for any project until all fees have been collected December 27,2012 5 for that project. 5. Village Consent. The VilIage hereby authorizes the Christian County Building Inspections Department to charge all applicable fees, perform all required inspections and mandate all necessary corrections for any building projects within the Village for the purpose of enforcing minimum standards of construction to ensure the health, safety, and welfare ofthe residents of the Village. 6. Dangerous buildings. This agreement does not grant authority, require, nor bind the County Inspections Department to charge all applicable fees, perform all required inspections or perform enforcement actions on dangerous or unsafe buildings as described in County Commission order 03-13-08-01. 7. Flood Plain. This agreement does not grant authority or require the County Building Inspections Department to act as flood plain administrator, nor interpreter of the requirements of the National Flood Insurance Program (NFIP) as it may apply to the Village. It will be the sole responsibility of the Village to notify the County Building Inspections Department whenever any building project will be located within a 'Special Flood Hazard Area' (SFHA), Special Hazard Area (SHA), Floodway, or any other area designated by the NFIP as requiring specific construction criteria for the purpose of achieving compliance with the NFIP, State of Emergency Management Agency, or any other entities. It will be the sole responsibility of the Village to provide all necessary information at the time a permit application is submitted, such as the Base Flood Elevation (BFE), Design Flood Elevation (DFE), any pertinent items such as any extra freeboard that may be required above the minimums set for the NFIP, and other required information. In return, the County Building Inspections Department will provide building inspection services in conformance with the International Code Council Family of Codes as it pertains to construction with SFHA's. 8. Prosecution gf Violations. The County agrees to report all violations noted by its inspectors and any corrective process. The County, however, shall not be obligated to prosecute any violation of the Village ordinances or regulations, which shall be the sole responsibility of the Village. In the event construction of any project within the Viltage proceeds in violation of any building code requirement, the Village may proceed with enforcement under the Village ordinances, zoning and/or building codes. The County agrees to provide any necessary witnesses for such prosecution. 9. Term. The term of this agreement shall commence on January 1.2013, and remain in effect until December 31,2013. This agreement may be terminated by either party hereto upon thirty day written notice of termination to other party. Any renewal of the agreement after the initial term or any changes herein shall be by the order of the County Commission and an ordinance adopted by the Village. 10. Waiver and Release. The Village agrees to indemnify and hold harmless Christian County, its -- elected officials, employees, agents and contractors against any and all claims, damages, injuries, and expenses, including attorney fees resulting, in whole or in part, diredtly or indirectly, from the inspection services properly provided by the County Building Inspections Department pursuant to this agreement. 11. Indemnity. To the extent not covered by sovereign immunity under Missouri law, the County hereby agrees to assume responsibility imposed by law on its officeholders and employees and the Village hereby agrees to assume responsibility for the liabilities imposed by law on its officials and employees. Each party to this agreement shall not be liable for any civil liability that may arise from the furnishing of services by the other party. This language is not intended December 27, 2012 6 to act as a waiver or limitation of either the County's or the Village's rights and/or defenses with regard to sovereign immunity under federal law, Missouri law or municipal regulations. 12. Entire Agreement. This agreement contains the entire understanding and agreement of the parties. There are no other promises or conditions. No modification, amendment, cancelIation or waiver of any of the provisions ofthis agreement shall be effective unless it is in writing and is signed by a representative authorized by each party hereto. IN WITNESS WHEREOF, the parties that caused this Agreement to by duly executed the 27th day of December, 2012. Christian County, Missouri VilIage of Saddlebrooke Lou Lapaglia Carol Gaines Presiding Commissioner Chairman, Board of Trustees Bill Barnett Western Commissioner Ray Weter Eastern Commissioner Attest: Kay Brown-County Clerk Approved as to form: John Housley-County Counselor Motion/Vote - 10:00 a.m. Agreement to Provide Building Inspections for the City of Saddlebrooke Western Commissioner Bill Barnett made a motion to enter into an agreement with the Village of Saddlebrooke for one year beginning January 1,2013and in effect until December 31,2013. This agreement will automatically renew for one year intervals but is required to be readdressed December 31, 2015 Ray Weter seconded the motion. The motion passed by vote: Lou Lapaglia (Absent), Bill Barnett (Yes), Ray Weter (Yes). 10:15 a.m. City of Fremont Hills Re: Intergovernmental Agreemetn Building Inspections The meeting was attended by Commission Secretary Cheryl Mitchell, Bob Rubino and Planning and Zoning Administrator Todd Wiesehan. The County Commission met to approve and sign the City of Fremont Hills intergovernmental agreement for building inspections. The County may charge a fee for services. INTERGOVERNMENTAL AGREEMENT December 27,2012 7 THIS AGREEMENT, made and entered into this 27th day of December, 2012 by and between the City of Fremont Hills, Missouri a fourth class city (hereinafter referred to as "City") and Christian County, Missouri a second class county (hereinafter referred to as "County") WHEREAS, the City request that County provide inspection services for residential and commercial construction within the corporate city limits of said City; and WHEREAS, the County has a building Code Department with inspectors and is agreeable to provide Building Code inspections for the City; and WHEREAS, the parties herein are authorized pursuant to Section 50.332, RSMo, to enter into this Agreement. NOW, THEREFORE, IN CONSIDERTATION OF THE MUTUAL COVENTNTS AND AGREEMENT CONTAINED, THE PARTIES AGREE AS FOLLOWS: 1. Services. Christian County agrees to provide Building Inspection services for all phases of construction, both commercial and residential, according to the ordinances presently adopted by the City of Fremont Hills. 2. Adoption gf Building Codes. The City agrees to adopt an ordinance adopting Building Codes and Regulations consistent with those building codes adopted by the Christian County Commission under Christian County Commission order 03-13-08-01 or any subsequent amendment thereto. 3. Permits. All building projects within the incorporated areas of the City will be subject to the permitting requirements as described in Christian County Commission order 03-13-08-01, 'Adoption of Building Codes and Regulations for Christian County'. Any applicant seeking a permit for residential or Commercial construction within the incorporated areas of the City shall first apply to the City Clerk of Fremont Hills for a certificate to reflect that the property for which the construction permit is to apply is properly zoned for the construction anticipated, and that the City's Board has approved its design and construction. This certificate will in turn be submitted to the County Building Inspections Department with the application for the building permit. 4. Fees. The city agrees the County may charge its reasonable fees for building inspection services for inspections in the City in accordance with the Building Inspections Fee Schedule as adopted under Christian County Commission order 03-13-08-01 or subsequent amendment thereof. Each project to be inspected within the City will be charged the appropriate building inspection fees per each person seeking a permit. Alt applicants for permits shall make the necessary deposit of funds for such· inspection fees with the County, at or before the time of the permit issuance. No inspection will be provided by the. County for any project until all fees have been collected for that particular project. 5. Citv Consent. The City hereby authorizes the Christian County Building Inspections Department to charge all applicable fees, perform all required inspections and mandate all necessary corrections for any building projects within the City of Fremont Hills for the purpose of enforcing minimum standards of construction to ensure the health, safety and welfare of the residents ofthe City of Fremont Hills. 6. Dangerous Buildings. This agreement does not grant authority, require, nor bind Christian County Building Inspections Department to perform inspections or perform enforcement actions on dangerous or unsafe buildings as described in Christian County order'03-13-08-01, 'Adoption December 27,2012 8 of Building Codes and Regulations for Christian County'. 7. Flood Plain. This agreement does not grant authority or require the Christian County Building Inspections Department to act as flood plain administrator, nor interpreter fo the requirements of The National Flood Insurance Program (NFIP) as it may apply to the City of Fremont Hills to notify the Christian County Building Inspections Department whenever any building project will be located with a 'Special Flood Hazard Area' (SFHA), "Special Hazard Area" (SHA), Floodway, or any other area designated by the NFIP as requiring specific construction criteria for the purpose of achieving compliance with NFIP, State Emergency Management Agency, Federal Emergency Management Agency, or any other entities. It will be the sole responsibility of the City of Fremont Hills to provide all necessary information at the time a permit application is made for each building project such as the Base Flood Elevation (BFE), Design Flood Elevation (DFE), and any pertinent items such as extra freeboard requiring above the minimum as set for the NFIP, or any other required information. In return, the Christian County Building. Inspections Department will provide building inspection services in conformance with the International Code Council Family of Codes as it pertains to construction with SFHA's. 8. Prosecution of Violations. The County agrees to report all violations noted by its inspectors and any corrective process. County, however, shall not be obligated to participate in or actually prosecute any violation of the City Ordinances or regulations which shall be the City's sole responsibility. In the event construction of any project within the incorporated area of the City of Fremont Hills proceeds in violation of any City Building Code requirement, the City Attorney for the City of Fremont Hills may proceed with enforcement under the City's Ordinances, Zoning Codes and/or Building Codes. The County agrees to provide any necessary witnesses for such prosecutions. 9. Term. The terms of this agreement shall commence on January 1, 2013 and shall remain in effect until December 31, 2013. This agreement may be terminated by either party hereto upon thirty (30) days' written notice of such termination to the other party. Any renewal of this agreement after the initial term or any changes herein shall be by the Order ofthe Christian County Commission and an ordinance adopted by the Board of Alderman ofthe city of Fremont Hills. 10. Waiver and Release. The City agrees to indemnify and hold harmless Christian County, its elected officials, employees, agents and contractors against any and all claims, damages, injuries and expenses, including attorney fees resulting, in whole or in part, directly or indirectly, from the inspection services provided by the Christian County Building Inspections Department pursuant to this agreement. 11. Indemnity. To the extent not covered by sovereign immunity under Missouri law, the County hereby agrees to assume responsibility imposed by Iaw on its officehoIders and employees and the Cio, hereby agrees to assume responsibility for the liabilities imposed by law on its officials and employees. Each party to this agreement shall be responsible for its own actions in providing services under this agreement and shall not be liable for any civil liability that may arise from the furnishing of services by the other party. This language is not intended io act as a waiver or limitation of either County's or City's rights and or defenses with regard to sovereign immunity under federal law, Missouri, or municipal regulations. 12. Entire Agreement. This Agreement contains the entire understanding and agreement of the parties; there are no other promises or conditions. No modifications, amendment, cancellation or waiver of any of the provisions of this Agreement shall be effective unless it is in writing and is signed by a representative authorized by each party hereto. December 27,2012 9 4 IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed the 27th day of December, 2012. City of Fremont Hills Christian County, Missouri Ron Elkins, Jr., Mayor Lou Lapaglia City ofFremont Hills Presiding Commissioner Bill Barnett Western Commissioner Attest: Kay Brown Ray Weter Clerk ofthe County Commission Eastern Commissioner Approved as to Form: John Housley Christian County Counselor Motion/Vote - 10:15 a.m. Intergovernmental Agreement With the City of Fremont Hills for Building Inspections Western Commissioner Bill Barnett made a motion to approve the IGA with the City of Fremont Hills for the County to provide building code inspections. Ray Weter seconded the motion. The motion passed by vote: Lou Lapaglia (Absent), Bill Barnett (Yes), Ray Weter (Yes). 10:30 a.m. Sheriff Joey Kyle Re:Commissary Agreement Signing The County Commission met with Captain Bryan Gillman to sign the jail commissary agreement. After further discussion and with the recommendation of Captain Gillman the County Commission made the decision to award the contract to KEEFE Commissary Network. Captain Bryan Gillman said the labor to provide the food and other items will be handled through KEEFE and the Sheriff's Department will no longer handle cash and all items will be purchased through a card. The contract is for one year with the option of a two year renewal. The contract will automatically renew for a two successive year term. Bob Rubino asked does KEEFE do the processing or does the county. Captain Bryan Giliman said KEEFE does all the processing. The county will provide the wiring and KEEFE will provide the hardware. Motion/Vote - Award the Jail Commissary Items to KEEFE Western Commissioner Bill Barnett made a motion to award the jail commissary contract to KEEFE. Ray December 27,2012 10 Weter seconded the motion. The motion passed by vote: Lou Lapaglia (Absent), Bill Barnett (Yes), Ray Weter (Yes). Closed Session 3 Eastern Commissioner Ray Weter made a motion to go into Closed Session at 10:45 a.m. to discuss R.S.Mo.610.021(3) Hiring, firing, disciplining or promoting a particular employee. Bill Barnett seconded the motion. The motion passed by vote: Lou Lapaglia (Absent), Bill Barnett (Yes), Ray Weter (Yes). The meeting was attended by Commission Secretary Chetyl Mitchell and Collector Ted Nichols. Reconvene From Closed Session Eastern Commissioner Ray Weter made a motion to end Closed Session and reconvene in Open Session at . Bill Barnett seconded the motion. The motion passed by vote: Lou Lapaglia (Absent), Bill Barnett (Yes), Ray Weter (Yes). The Commission granted authorization to the Collector to supplement the base salary of an employee. 2:00 p.m. Brandon McClure PC Net Re: Internet Proposal Discussion The meeting was attended by Commission Secretary Cheryl Mitchell, Deputy Assessor's Barbara Stogner and Brenda Dicus, Recorder Kelly Hall, Collector Ted Nichols, Robert Palmer and Common 2 Road District Brent Young. The County Commission met with Brandon McCIure from PC Net to discuss an internet proposal for the County. Mr. McCIure recommended that the following offices: Recorder of Deeds, Collector ofRevenue, County Clerk, Treasurer, Auditor, Public Administrator, Emergency Management and all other departments that are under the control ofthe County Commission have one main internet connection which would increase speed and reduce costs. ' Currently, the offices referenced are using several different portals with internet speeds from 1.5 to 15 megabytes having CentuIytel as the main connection and Springnet as the backup. The cost of switching to Springnet as the main connection and Centurytel as the fail over connection was more expensive. Recorder Kelly Hall suggested that by using the one connection for all the offices and staying with the current vendors the county would save approximately $ 318.00 per month. The offices could do a monthly cost share with the Collector for the difference. Eastern Commissioner Ray Weter asked are we seeking more reliability or more band width. Brandon McCiure said by having Springnet as the one main connection and Centurytel as the backup the cost would be approximately $ 2,160.00 per month. He also suggested having Centurylink as the main connection and Springnet as the failover. He said there is a one- time license fee with Cisco for $ 175.00. Motion/Vote - One Internet Connection Through The Collector's Portal for The Offices State Above Eastern Commissioner Ray Weter made a motion to adopt a new protocol that all the current offices that are using variou& portals will access the internet through the portal that is used by the Collector's office using account number 301660455 and do a cost share to be divided by the offices and the primary access point December 27,2012 11 ,b 9'4 and the secondary access point will remain the same. Bill Barnett seconded the motion. The motion passed by vote: Lou Lapaglia (Absent), Bill Barnett (Yes), Ray Weter (yes). Signatures Lou Lapaglia/Presiding Commissioner Bill BarneWWestem Commissioner Ray Weter/Eastern Commissioner December 27,2012 12