Christian County Commission March 14, 2011 Convene Presiding Commissioner Lou Lapaglia called the meeting of the County Commission to order at 8:45 a.m. on March 14,2011 at the County Commission Office. Attendance: Lou Lapaglia, Present: Bill Barnett, Present: TomHuff, Absent. County Clerk Kay Brown is taking the minutes. 8:45 a.m. Approval of the Minutes Rescheduled The meeting was attended by Commission Secretary Julia Maples. Presiding Commissioner Lou Lapaglia requested that the approval of the minutes be rescheduled to Thursday, March 17,2011, due to Western Commissioner Bill Barnett's absence. 8:50 a.m Sheriff Joey Kyle Re: Patrol Vehicle Discussion The meeting was attended by Commission Secretary Julia Maples and Planning and Zoning Administrator Bob Atchley. Presiding Commissioner Lou Lapaglia met with Sheriff Joey Kyle and Captain Brian Cathey to discuss loaning a patrol car to the City of Highlandville. The City of Hightandville is without a patrol car due to an accident. The Sheriff has offered to help them by selling them a used patrol vehicle rather than loaning them a vehicle. By selling them the car, the title and insurance would be in the name of the City and the County would be free from any additional liability. The Sheriff and the City of Hightandville will come to an agreement on the value ofthe car later. Presiding Commissioner Lapaglia encouraged the Sheriff to proceed with his decision to assist the City of Highlandvilte by providing a vehicle. 9:00 a.m. Spencer Jones - Great River Associates Re: Flood PIain Issues Discusssion The meeting was attended by Commission Secretary Julia Maples, Andy Daniel PLS, Bob Atchley, Todd Wiesehan, Collector Ted Nichols, Connie Todd, Charles Bonnell, Eddie Campbell Ozark Atderman Ward 3, Donna Osborn of the Christian County Headliner News. Presiding Commissioner Lou Lapaglia and Western Commissioner Bill Barnett met with Planning and Zoning Director Bob Atchley, Spencer Jones, Steve Brown, of Great River Associates to discuss flood plain issues. Spencer Jones wanted to update the Commission on the new FEMA maps and the recent letters that were mailed to the homeowners regarding flood insurance. Steve Brown described the detailed process by which the new FEMA flood plain maps were created. Currently, homeowners that were not in a prior flood plain zone but are now located in one shall have the option to purchase flood insurance at a reduced rate through the PRP (preferred risk policy) program. The property owners are eligible for this program through December 31, 2012. The only option to not purchase flood insurance for those homeowners that have recently been placed in a flood zone is to obtain an elevation certificate from an engineering or surveying company. Bob Atchley explained that the financial institution that carry's the mortgage for properties in the flood plain would require the homeowner to purchase flood insurance if a property was in or near a flood zone area. March 14,2011 1 Steve Brown connected with Monique Pilch via the telephone to have a conference call with the Commission to explain the coverage ofthe flood insurance. According to Monique, the PRP insurance would be available for any structures that are a newly mapped area and for those property owners that are currently in a flood zone. However, the special rates would be available through December31,2012 but after that date the homeowners would no longer be eligible to obtain the cost savings. Property owners and future property owners can always have the reduced risk ifthe insurance stays current and does not lapse. Insurance purchased in 2013 will be at a standard price. Steve asked Monique if she would come to a meeting with the homeowners and Monique she would be happy to come. Donna Osborn asked will the Federal Government fine the City of Sparta because Sparta is now classified in a high risk area and with no flood insurance available. At this time, a lender cannot purchase flood insurance because the City of Sparta is not in the National Flood Insurance Program. Presiding Commissioner Lapaglia said that Sparta is currently not in the National Flood Insurance Program but would like to pass an ordinance to adopt the program to enable the property owners the opportunity to purchase flood insurance. Collector Ted Nichols asked about a new structure that is located half in the flood plain and half not and they are going to build on the acreage that is not in the flood plain would the property owners need to have flood insurance? Monique stated that ifone niche of the structure is in the flood plain than the whole structure is in the flood plain. Also ifthe property is significantly close to the boundary line than it could be required. Bob Atchley said that a letter was sent to the prior homeowners and all the new homeowners that would be affected by the flood plain maps and gave them a link to review the information put a link on the website for future references. 9:30 a.m. David Lundstrum - Great River Associates Re: HWY CC Loan Application Discussion The meeting was attended by Commission Secretary Julia Maples, Eddie Campbell Ozark Ward Alderman Ward 3, Todd Wiesehan, Senior Planner of the PIanning and Zoning Department and Donna Osborn of the Christian County Headliner News. Presiding Commissioner Lou Lapaglia met with David Lundstrum of Great River Associates to discuss the Highway CC loan application with the Missouri Department ofTransportation (MODOT). According to Mr. Lundstrum, the deadline to submit the application is March 17th, 2011. MODOT will make a decision regarding the CC Highway project loan application on March23,2011. As of last week the interest rate for the project is 3.72 and the project is scheduled for 2015. The estimated cost of the project is 2.3 million. The County's loan would be for 1.6 million. The application fee is 1.5% of the loan amount which is $ 3,000.00. The fee is due on March 23, 2011. Donna Osborn asked who is loaning the money to the County? Presiding Commissioner Lou Lapaglia stated that MODOT will loan the money to the County. 11:15 a.m. Prosecutor Amy Fite Re: Excess Property & Wireless Discussion The meeting was attended by Commission Secretary Julia Maples. March 14,2011 € Presiding Commissioner Lou Lapaglia met with Prosecutor Amy Fite to discuss excess property and wireless internet. The Prosecuting Attorney Fite submitted a list of surplus equipment to be made available to the Commission. Prosecutor Fite asked permission regarding making internet access available to the public in the Judicial Center to have access to their office files away from the Court room at no additional cost to the county. The internet access would only be available through a password and a log will be kept ofthose who access it. There will be firewall to protect the county from viruses. Motion/Vote - Approve Wireless Access for the Public in the Prosecutor' Office Western Commissioner Bill Barnett made a motion to make wireless internet accessible with the use of a password, to the public in the Judicial Building. Lou Lapaglia seconded the motion. The motion passed by vote: Lou Lapaglia (Yes), Bill Barnett (Yes), Tom Huff(Absent). Western Commissioner Bill Barnett voted via the telephone. 11:30 a.m. Recorder of Deeds Kelly Hail Re: Budget Amendment Discussion The meeting was attended by Commission Secretary Julia Maples, County Auditor Sam Yamell and Prosecuting Attorney Amy Fite. Presiding Commissioner Lou Lapaglia met with Recorder of Deeds Kelly Hail and Auditor Sam Yamell to discuss a budget amendment. The former Recorder of Deeds failed to include funding for a server. County Auditor Sam Yarnell stated that the budget wilt be amended to acknowledge it today and wit! be noted in the amended budget that is submitted in September. 1:00 p.m. Commissioners Attend OACAC Meeting In Ozark Presiding Commissioner Lou Lapaglia and Western Commissioner Bill Barnett attended an OACAC meeting at the OACAC office in Ozark. Motion/Vote - 1:45 p.m. Award the Server Bid for ColIector and Assessor Western Commissioner Bill Barnett made a motion to award the server to P.C. Net for a total cost of $ 5,800.00. Lou Lapaglia seconded the motion. The motion passed by vote: Lou Lapaglia (Yes), Bill Barnett (Yes), Tom Huff (Absent). Western Commissioner Bill Barnett participated via the telephone and made the motion. The meeting was attended by Judy Morisset, Robert Snook, Collector Ted Nichols, Commission Secretary Julia Maples and Assessor David Stokely. 2:00 p. m. Ron Shawgo and Robert Snook Re: Farmers Market Discussion The meeting was attended by Commission Secretary Julia Maptes, Betty and Eddie Maples, Eddie Campbell, Ozark Ward III Alderman, Dori Grinder Director of the Ozark Chamber of Commerce, and Judy Morisset, Jim Bowles, John Bross, Ozark City Administrators Steve Childers, Cindy Bilyeu and Bryan Haugen from the Christian County Health Department, Assessor David Steely, Ben Butler owner ofBen's Happy Place, Ozark Police Chief Lyle Hodges, Katherine Dowdy, Tara Muck ofthe Springfield Newsleader and Donna Osborn ofthe Christian County Headliner News. Presiding Commissioner Lou Lapaglia met with Ron and Lynn Shawgo and Robert Snook to discuss the County's Farmers Market. Mr. Shawgo and Mr. Snook presented their position regarding the Farmers Market. Presiding Commissioner Lapaglia presented Dori Grinder the Director ofthe City of Ozark Chamber of Commerce to oversee the Farmer's Market. Mr. Snook and Ron Shawgo supported having Dori Grinder supervise the Market. Ms. Grinder accepted the responsibility and will have a meeting with each Farmer's Market organization to draft a new organization. Mr. Shawgo and Mr. Snook were not in favor of selling raw milk on the square and were glad to eliminate the controversy. There was discussion of March 14, 2011 3 a , J the 2.4 million insurance requirement. Jim Bowles of the Ozark Chamber of Commerce supports the efforts of the Commission to bring the Farmer's Market back to the square. Presiding Commissioner Lou Lapaglia suggested all parties meet and discuss the fee for the vendors, advertising and promotion ofthe market and that only Christian County residents and surrounding counties would be eligible to sell produce at the Christian County Farmers Market. Presiding Commissioner Lou Lapaglia said we are not going to sell raw milk on County Property because ofthe County ordinance. Prosecuting Attorney Amy Fite stated that according to the 1999 county ordinance a vendor with a food establishment must have a permit to sell food. Eddie Maples asked Dori Grinder who would be eligible to sell produce on the square. Presiding Commissioner Lou Lapaglia will provide an ordinance for the Farmers Market to Dori Grinder. res /71 OU- Lapaglia/Presidi ioner March 14.2011 4 t.. Christian County Commission March 17, 2011 Convene Presiding Commissioner Lou Lapaglia called the meeting of the County Commission to order at 8:55 a.m. on March 17, 2011 at the County Commission Office. Attendance: Lou LaI}aglia, Present: Bill Barnett, Present: Tom Huff, Absent. County Clerk Kay Brown is taking the minutes. Motion/Vote - 8:55 a.m. Approve the March 10,2011, Minutes Western Commissioner Bill Barnett made a motion to approve the minutes for March 10, 2011. 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. Motion/Vote - 9:00 a.m. Approve the Right-of-Way Warranty Deed for John's Ford Road Western Commissioner Bill Barnett made a motion to approve the Right-oGWay Warranty Deed for John's Ford Road. 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. Ordinance - 03-17-11-01 - Right-of-Way Warranty Deed - John's Ford Road - (Cl) - Presiding Commissioner Lou Lapaglia and Western Commissioner Bill Barnett approved and signed the Right-of-Way Warranty Deed for John's Ford Road to transfer additional right-of-way along John Ford's Road to Common 1 Road District. The Grantors are Jim H. Hale and Carol Hale. The Deed was attested by County Clerk Kay Brown. 1:30 p.m. Carl Anderson - Recycling Re: Personnel, Signs, Security Camera Discussion The meeting was attended by Commission Secretary Julia Maples, David Hammons, Lee Johnson and Donna Osborn of the Christian County Headliner News. Presiding Commissioner Lou Lapaglia and Western Commissioner Bill Barnett met with Carl Anderson from Recycling to discuss personnel, signs, and having a security camera on site. The Commission and Mr. t-- Anderson reviewed the bid presented by Nixa Sign Crafters for signs to be used on both sides of the5 recycling trailers. The bid was $ 830.00. Presiding Commissioner Lou Lapagtia and Western Commissioner Bill Barnett suggested that we check with Captain Brian Cathey for security cameras to be used at the recycling center. This device needs to provide 24 hour security. Western Commissioner Bill Barnett privately interviewed a possible employee presented to the Commission by Carl Anderson for the recycling center. Motion/Vote - Award Bid for Recycling Center Signs Western Commissioner Bill Barnett made a motion to award the signs for the Recycling Center to 7 Sign Crafters for $ 830.00. Lou Lapaglia seconded the motion. The motion passed by vote: Lou I (Yes), Bill Barnett (Yes), Tom Huff (Absent). The meeting was attended by Carl Anderson frotr Recycling and Commission Secretary Julia Maples. March 17, 2011 2:30 p.m. Treasurer Karen Matthews Re: Time and Attendance Discussion The meeting was Commission Secretary Julia Maples, Recorder Kelly Hall, Chief Deputy Norma Ryan, Assessor Dave Stokely, County Auditor Sam Yamell, Christie Hirsch from Preferred Enterprises, LLC, Donna Osborn of the Christian County Headliner Newspaper. Presiding Commissioner Lou Lapaglia and Western Commissioner Bill Barnett met Treasurer Karen Matthews to discuss her research of the various time and attendance companies. She presented a comparison spread sheet ofthe top three companies to be considered. Treasurer Karen Matthews requested a cost summary report of the for the KRONOS system from 2004 to the present but it was not available. The cost for the KRONOS annual maintenance agreement is $ 4,355.91 and the update is $ 1 1,000.00. According to Karen Matthews, from Feb. 2004 to the present, KRONOS has cost the County $ 78,235.81 this amount does not include the $ 22,429.50 to purchase the KRONOS system. The implementation cost for the Paychex system would be S 1,300.00. The other companies were more expensive. The Paychex program is a web based time and attendance system that is logged through the computer not a biometric system. There are many options available and logging in from home is restricted. The employees would have the ability to review their hours prior to getting their pay check. Training is done through a web based program. The system would be programmed for the County by a survey completed by Tom Lawson. Presiding Commissioner Lou Lapaglia said ifthe County were to select Paychex, anyone caught checking someone in or checking out other than them selfwould be grounds for immediate dismissal. After reviewing the information, Commissioner Lapaglia thought Paychex would be the best choice. Treasurer Matthews said that Paychex software will show the time and who made changes to the time and attendance for each employee. The Treasurer said this company has many customers that use MAS 90 and she and the Payroll Clerk have seen the exports and imports ofthe files for the MAS 90 accounting systems. Assessor David Stokely mentioned that it appears the time clock penatizes an employee for clocking in six minutes early and on the same day checking out at 4:28 p.m. by cutting two minutes from their pay check. Recorder Kelly Hall is still getting acquainted with the KRONOS system. County Auditior Sam Yarnell asked will Tom buy into this and what if it is not compatible with MAS 90. Christie Hirsch from Preferred Enterprises, LLC, said that there will be changes made to MAS 90 to implement the imports to pull into the MAS 90 system. Paychex may have the same information but in a different sequence. Ms. Hirsch also had concern for the responsibility of retraining the employees. Western Commissioner Bill Barnett asked if Karen had called any other county's that use Paychex. Treasurer Karen Matthews said she would assist with the training. She confirmed with al! the company's she interviewed that they will mirror our current system during the transition. Presiding Commission Lou Lapaglia asked County Auditor Sam Yarnelt what her opinion was for changing to a new system and she refused to assist in the process. Western Commissioner Barnett asked Ms. Yarnell why she can't step up to the plate for the good of the people? March 17,2011 Chief Deputy Clerk Norma Ryan agreed that we have problems with KRONOS but there is no guarantee that the problems would still exist using a different company Commission Secretary Julia Maples suggested that ifthe KRONOS system had the updates installed then perhaps there wouldn't be as many problems. Presiding Commissioner Lou LapagIia requested that a decision meeting be scheduled for Monday, March 21, 2011 at 1:30 p.m.. He also praised Treasurer Matthews for all the work she has done for the time clocks. Sign*trres n 00( U ommissioner March 17, 2011 3 0 L 4 CORRECTION '1 4 . AMENDED 4/18/2011 Lookout Road Discussion Replaced Missouri Conservation with U.S. National Forest Christian County Commission March 21,2011 Convene Presiding Commissioner Lou Lapaglia calIed the meeting of the County Commission to order at 8:45 a.m. on March 21, 2011 at the County Commission Office. Attendance: Lou Lapaglia, Present: Bill Barnett, Present: Tom Huff, Absent. The meeting was attended by County Clerk Kay Brown. Motion/Vote - 8:45 a.m. Approve the March 17, 2011 Minutes ' Western Commissioner Bill Barnett made a motion to approve the March I 7, 2011 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, Treasurer Karen Matthews, Keith Rollings and Sharon Bishop of Rollings and Associates and Greg Williams of Connell Insurance. 8:50 a.m. Vending Machine Discussion The meeting was attended by Commission Secretary Julia Maples, Greg Williams of Connell Insurance, Treasurer Karen Matthews, Keith Rollings and Sharon Bishop of Rollings and Associates. Presiding Commissioner Lou Lapaglia and Western Commissioner Bill Barnett had a discussion regarding the County's vending machines with County CIerk Kay Brown, Treasurer Karen Matthews and Commission Secretary Julia Maples. The Clerk made a suggestion to stock our vending machines and to discontinue the current service. Treasurer Karen Matthews, Julia Maples, and Cheryl Mitchell volunteered to purchase and stock the food and beverages for the vending machines on a weekly basis. The Treasurer will empty the change boxes and keep track of the funds. Treasurer Karen Matthews said that we are supplying everything except the food products and in the past the County made a profit from the machines. The Commission requested that everyone participating be present for the decision meeting scheduled for Monday, March 28,201 I. Western Commissioner Bill Barnett expressed his appreciation to everyone for volunteering to help the county save money. 9:00 a.m. Bid Opening- County Commission Re: Workers Compensation Insurance The meeting was attended by Commission Secretary Julia Maples, Keith Rollings and Sharon Bishop of Rollings and Associates and Greg Williams ofConnell Insurance. Presiding Commissioner Lou Lapaglia and Western Commissioner Bill Barnett opened bids for the County's Workers Compensation insurance from the following companies: Missouri Association of Counties Workefs Compensation Trust for total premium $ 100,256.00 Connell Insurance $ 126, 697.00 Missouri Rural ' $ 157,630.00 The Commission will review the bids and schedule a decision meeting for Monday, March 24,2011 at 9:00 a.m. March 21,2011 1 .1 r 9:30 a.m. Danny Garbee of Billings Special Road District Re: Assistance from Bridge Fund The meeting was attended by Commission Secretary Julia Maples, County Counselor John Housley, David Hammons, Common 2 Road District Supervisor Brent Young and Jason Stutesmun. Presiding Commissioner Lou Lapaglia and Western Commissioner Bill Barnett met with Danny Garbee, Secretary/I'reasurer for the Billings Special Road District to discuss having financial assistance from the County's bridge fund to repair the box culverts on Pierce Road. Mr. Garbee said that the Clever and Billings School buses have had problems driving on Pierce Road. The astimated cost ofthe project is $ 40,000.00. Mr. Garbee requested $ 10,000.00 which is 25% ofthe cost to cover materials. The labor will supplied by the Billings Special Road District and a copy of ali invoices for this project will be provided to the Commission. The Commission thought the request was reasonable and ok'd this expenditure. 10:15 a.m. Christian County Counselor John Housley Re: Vacant Lots in Hawthorne Estates The meeting was attended by Commission Secretary Julia Maples, Ruth and Mary Meese, Dale Essick, John Essick, Don Grider, Aaron and Nancy Hughes, Aaron and Nancy Hughes, Meagan Young, Ted Thornton, Teresa Christensen, and Bob Atchley Planning and Zoning Director and Senior Planner Todd Wiesehan. Presiding Commissioner Lou Lapaglia and Western Commissioner Bill Barnett met with County Counselor John Housley to review and discuss the vacation and abandonment ofa50-foot road easement in Hawthorne Estates know as Prism Drive. The legal description was in error and we are here today to correct it. County Counselor John Housley, prepared an order to correct the deed. Motion/Vote - Vacate Prism Drive Western Commissioner Bill Barnett made a motion to vacate Prism Drive located in Hawthorne Estates subdivision. Lou Lapaglia seconded the motion. The motion passed by vote: Lou Lapaglia (Yes), Bill Barnett (Yes), Tom Huff(Absent). Ordinance - 03-21-11-1 - Vacation and Abandonment of 50-Foot Road Easement ORDER NO. 03-21-11-01 ORDER of the CHRISTIAN COUNTY COMMISSION OZARK, MISSOURI DATE ISSUED: March 21, 2011 SUBJECT: Vacation and Abandonment of 50-Foot Road Easement WHEREAS, on June 14, 2004, a plat of Hawthorne Estates was recorded in the Christian County Recorder of Deeds Office in Book H at Page 202, which established a 50-foot ingress/egress easement. WHEREAS, on December 20,2006, a replat of Lots 3 and 4 of the replat of Lot 3 Hawthorne Estates was approved by the Christian County Planning and Zoning Department with the consent of the owner of Lot 3, James Dye, and Lot 4, Ruth Meese, said replat of Lot 3 Hawthorne Estates, a subdivision in Christian County, Missouri, being recorded in the Christian County Recorder of Deeds Office at Book H Page 528. WHEREAS, the replat of Lots 3 and 4 of the replat of Lot 3 Hawthorne Estates vacated the 50-foot ingress and March 21,2011 2 L , egress easement that traverses Hawthorne Estates in an east-west direction as depicted on the original plat of Hawthorne Estates and relocated said ingress/egress easement thirtrfive (35) feet north of said easement's original location. WHEREAS, on July 15, 2010, a Right-of-Way Warranty Deed was recorded in the Christian County Recorder of Deeds Office at Book 2010 at Page 8068, wherein Grantofs John Reed, Joseph and Rebekah Farmer, Dan and Barbara Dhondt, Donald and Cyndia Stover, Robert Mailat, Stuart and Shirley Coe, and Ruth Meese of Christian County, Missouri, conveyed a right-of-way easement for a public street in Hawthorne Estates, a subdivision in Christian County, Missouri, to Christian County, Missouri, as Grantee, said easement being legally described in said Right-of-Way Warranty Deed, a copy of which is attached hereto, marked as "Exhibit At WHEREAS, the aforesaid Right-of-Way Warranty Deed, recorded July 15,2010, in the Christian County Recorder of Deeds Office, contains scrivenefs in the legal description of the ingress/egress easement being conveyed by Grantors to Christian County, Missouri, in that said Deed erroneously described by metes and bounds a portion of a 50-foot ingress and egress road easement which traverses Lots 3 and 4 of Hawthorne Estates in an east-west direction which had previously been relocated on Lot3 of Hawthorne Estates by virtue of the replat of Lots 3 and 4 ofthe replat of Lot 3 Hawthorne Estates on December 20,2008. WHEREAS, no public funds have been expended to construct or maintain any public road within the Right-of-Way Warranty Deed recorded June 15, 2010, in the Christian County Recorder of Deeds Omce. NOW, THEREFORE, BE IT RESOLVED: 1. The Christian County Commission does hereby release, vacate and abandon all of its rights, together with the rights of the public generally, in and to that portion of the 50-foot ingress and egress road easement which runs in an east-west direction depicted on the original plat of Hawthorne Estates, recorded in the Christian County Recorder of Deeds Office on June 14, 2004, in Book H at Page 202, said ingress/egress easement having been relocated thirty-five (35) feet north of the original location, exclusively on Lot 3 by virtue of the replat of Lots 3 and 4 of the replat of Lot 3 Hawthorne Estates, a subdivision of Christian County, Missouri, being described as follows: ALL OF LOTS 3 AND 4 OF THE REPLAT OF LOT 3 OF HAWTHORN ESTATES OF CHRISTIAN COUNTY, MISSOURI Said replat being recorded in the Office of the Christian County Recorder of Deeds on December20,2006, at Book H, Page 528. 2. The Christian County Commission does hereby release, vacate and abandon all of its rights, together with the rights of the public generally, in and to any ingress and egress road easement located on Lo14 of the replat of Lots 3 and 4 of the replat of Lot 3 Hawthorne Estates. 3. The Christian County Commission does hereby release, vacate and abandon all of its rights, together with the rights of the public generally, in and to that portion of the ingress/egress easement that runs in an east-west direction deeded to Christian County, Missouri, in a Right-of-Way Warranty Deed recorded on July 15, 2010, at Book 2010 at Page 8068 which is located on Lot 3 of Hawthorne Estates south of the southern boundary line of the 50-foot ingress and egress road easement legally described in the replat of Lots 3 and 4 of the replat of Lot 3 Hawthome Estates, a subdivision in Christian County, Missouri, recorded in the Christian County Recorder of Deeds Office in Book H at Page 528. 4. It is further ordered a copy of this Order duly certified by the County Clerk shall be filed in the Office of the Recorder of Deeds of Christian County, Missouri. THIS ORDER shall be in full force and effect from and after its passage. Done this 21st, day of March, 2011, at 10:15 0'clock a.m. CHRISTIAN COUNTY COMMISSION Lou Lapaglia Yes Presiding Commissioner Dated: March 21, 2011 Tom Huff Yes Commissioners Eastern District (Absent) Dated: March 21, 2011 Bill Barnett Yes Commissioner, Western District Dated: March 21, 2011 March 21,2011 3 ATTEST: Kay Brown, County Clerk 23385-000\ 427849.doc 10:30 a.m. Allen Weathersby- Mark Twain National Forest Re: Lookout Road Discussion The meeting was attended by Commission Secretary Julia Maples, Jim Bowles, Teresa Christensen, Dale Essick, John Essick, Don Grider, Megan Young, Charles Hall, Jim Fletcher, Fred K. Schupbach, Aaron and Nancy Hughes, Megan Young, Aaron and Trisha Hughes, Jeff Carner, State Representative Ray Weter, Judge John Waters, Steve Heslings, Steve Eldson, Darla Rind, Supervisory Forrester USDA Forest Service Mark Twain National Forest, Allen Weathersby, Integrated Resource Analyst USDA Forest Service Mark Twain National Forest and Karen Modley Special Use Program Manager Forest Infra Coordinator U.S. Forest Service Department ofAgriculture Mark Twain National Forest Public Services. Presiding Commissioner Lou Lapaglia received a call a month ago from the U.S. Forest Service Mark Twain National Forest with safety concerns for Lookout Road in the Mark Twain National Forest. The Commission called a meeting to discuss the concerns with Allen Weathersby, Darla Rind and Karen Modley ofthe US. National Forest Service Department ofAgriculture Mark Twain National Forest Public Services. According to National Forrester Darla Rind, there are established trails that cross Lookout Road that are used by ATVs and motorcycles. There have been accidents on Lookout road and their is concern for the safety ofhomeowners that live beside it. This road is designated for trucks and cars and should not be used by ATVs and motorcycles. The US. Forest Service has received many complaints from homeowners regarding the trail riders careless driving on Lookout Road and the damage they are creating on private property that adjoins the National Forest. The homeowners and the US. National Forest Service Department have safely concerns that the creek is being polluted and the surrounding land is developing ruts and erosion due to the trail riders trespassing from the Mark Twain National Forest onto private property. The U.S. National Forest Service is looking at options such as: closing Lookout Road, placing gates at the South and North entrance and possibly collect an access fee. It was the consensus ofthose present for the meeting that closing the road, having gates or charging a fee would not stop the trail riders. Lookout Road connects with Center Road and Highway W and is used by the homeowners in the area and the suggestions presented by the U.S. National Forest Service would impose undo hardship for those using the road legally. There were also concern that if the road closed the Fire and Sheriff Departments would not have access. Darla Rind stated that the U.S. National Forest Service does not have jurisdiction or authority to make citations to stop the trail riders from trespassing on private property, driving on Lookout Road or disturbing the peace. They can write tickets on designated federal forest land. t Since Lookout Road is a public road and not to be used by trail riders then trails must be developed on each side of the road which would be highly used and difficult to manage. The homeowners want the trespassing on private property, polluting the water and the hilisides being destroyed by rogue trail riders stopped. The U.S. National Forest Service responded that they can recommend them to stop but they have no jurisdiction. ' Date Essick lives on Highway W and ifthe road was closed to through traffic there is no other access to his property accept Red Bridge Road. Allthe bottom land is privately owned and there is a cemetery that citizens visit. March 21,2011 · 4 4 Theresa Christenson lives on Center Road and has seen many trail riders traveling on Lookout Road that are not sixteen. State Representative Ray Weter receives calls from Chadwick Fire Department having problems getting down to the trails and closing Lookout Road would be a loss ofrevenue for Chadwick and Ozark Fire Departments. There were suggestions made to have fencing on both sides ofthe road with breaks for a road crossing and to post more signs. Aaron Hues suggested having the Sheriff's reserves have some saturation weekends which may stop the problems. Theresa Christenson said it doesn't matter how many signs are posted they are taken down. Jeff Carner rides the trails and many of the trail riders come from surrounding states to ride. He suggested making the road for multiuse to be used by cars, trucks, bikes and ATVs with signs posted. State Representative Ray Weter suggested posting signs on established trails prior to crossing Center Road to warn the riders. John Essick lives at Chadwick and has rode motorcycles in the Mark Twain National Forest. He is opposed to allowing the US. Forest Service authority to close a county road. Steve Hestings grew up in Christian County and rides on the unapproved roads and pavement and he is not in favor of closing the road. Aaron and Trisha Hughes have little children but they do not want the road closed. Presiding Commissioner Lou Lapaglia stated that the annoyance brings the property owners value down. Theresa Christenson said it doesn't matter how many signs are posted they are taken down. Charles Hall raises cattle adjoining the national forest and said the trespassing on private property is an enormous problems for the private land owners. Judge John Waters said that he is a land owner and owns the majority of the land that is being discussed. Allofthese folks are my neighbors and the road needs to stay open for access especially when Bull Creek is up. There are three items to consider: 1. Close or open the road 2. ATV and motorcycle riders coming from the national forest unto private property. 3. Safety Concerns Fred Shupbach uses Lookout Road to move heavy equipment and by closing the road it would be difficult for him to get to Forsyth. 1:30 p.m. Christian County Commission Re: Time and Attendance Decision The meeting was attended by Commission Secretary Julia Maples, Matt Koenig of P.C. Net, Christie Hirsch from Preferred Enterprises, Treasurer Karen Matthews and Donna Osborn of the Christian County Headliner News. Presiding Commissioner Lou Lapaglia and Western Commissioner Bilt Barnett met with Treasurer Karen Matthews with the intent to make a decision regarding the time and attendance. Christie Hirsch presented questions in the last meeting regarding having a"T-line" to connect with the internet for the Paychex March 21, 2011 5 4 system and hidden fees. Treasurer Karen Matthews e-mailed Dan at Paychex and a 7-line is not necessary to run this program and there are no hidden costs. The Treasurer spoke to the payroll departments from People's Bank and Liberty Bankand they are very happy with their service. A benefit of Paychex is that the employees can review their time and attendance anytime and a pop-up reminder appears on the screen to remind them to clock in. There are no fees for updates. There will be some additional fees from PC Net and Preferred Enterprises to implement Paychex. Christie Hirsch had two questions, "What format is the data imported from Paychex into the MAS 90 and is the data exported using a CSV text file? The meeting was adjourned. A another meeting is scheduled for March 24,2011 at 2:00 p.m. 6:30 p.m. Tuesday March 22, 2011 Meeting at Nixa City Hall The Commission will be attending a meeting at Nixa City Hall to discuss the Riverdowns West sewer problems. COURT ORDER STATE OF MISSOURI }SS. CHRISTIAN COUNTY January Term, 2011 In the Christian County Commission of said County, on the 21st day of March, 2011, the following, among other proceedings, were had, viz: THE TREASURER IS HEREBY ORDERED TO TRANSFERTHE SUM OFS 96,825.71 FROMTHE COUNTY REVENUE CART FUND TO THE FOLLOWING: BRIDGE $ 14,523.86 ROAD DISTRICTS COMMON ROAD #1 $ 28,920.87 COMMON ROAD #2 $ 28,377.68 BILLINGS SPECIAL $ 10.049.06 GARRISON SPECIAL $ 2,074.01 OZARK SPECIAL $ 8,123.19 SELMORE SPECIAL $ 3,209.77 S. SPARTA SPECIAL $ 97939 STONESHIRE SPECIAL $ 567.88 Signltures ommissioner March 21,2011 6 41 e Christian County Commission March 21,2011 Convene Presiding Commissioner Lou Lapaglia called the meeting ofthe County Commission to order at 8:45 a.m. on Marh 21, 2011 at the County Commission Office. Attendance: Lou Lapaglia, Present: Bill Barnett, Present! Tom Huff, Absent. The meeting was attended by County Clerk Kay Brown. Motion/Vote - 8:45 a.m. Approve the March 17, 2011 Minutes Western Commissioner Bill Barnett made a motion to approve the March 17, 2011 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 Julia Maples, Treasurer Karen Matthek, Keith Rollings and Sharon Bishop of Rollings and Associates and Greg Williams of Connell Insuran De. 8:50 a.m. Vending Machine Discussion The meeting was attended by Commission Secretary Julia Maples, Greg Williams of Connell Insurance, Treasur:r Karen Matthews, Keith Rollings and Sharon Bishop of Rollings and Associates. Presiding Commissioner Lou Lapaglia and Western Commissioner Bill Barnett had a discussion regarding the County's vending machines with County Clerk Kay Brown, Treasurer Karen Matthews and Commi:.sion Secretary Julia MapIes. The Clerk made a suggestion to stock our vending machines and to disconti lue the current service. Treasurer Karen Matthews, Julia Maples, and Cheryl Mitchell volunteered to purd ase and stock the food and beverages for the vending machines on a weekly basis. The Treasurer will empty the change boxes and keep track of the funds. Treasurer Karen Matthews said that we are supplyidg everything except the food products and in the past the County made a profit from the machines. The CoMmission requested that everyone participating be present for the decision meeting scheduled for Monda, March 28, 2011. Western Commissioner Bill Barnett expressed his appreciation to everyone for volunteering to help the county save money. 9:00 a.m. Bid Opening- County Commission Re: Workers Compensation Insurance The medting was attended by Commission Secretary Julia Maples, Keith Rollings and Sharon Bishop of Roltingd and Associates and Greg Williams of Connell Insurance. Presiding Commissioner Lou Lapaglia and Western Commissioner Bill Barnett opened bids for the County'& Workers Compensation insurance from the following companies: Missouri Association of Counties Worker's Compensation Trust for total premium $ 100,256.00 ConnellInsurance $ 126,697.00 Missouri Rural $ 157,630.00 The Conimission will review the bids and schedule a decision meeting for Monday, March 24,2011 at 9:00 a.nt. Marth 231,2011 1 9:30 a.m. Danny Garbee of Billings Special Road District Re: Assistance from Bridge Fund The meeting was attended by Commission Secretary Julia Map)les, County Counselor John Housley, David Hammons, Common 2 Road District Supervisor Brent Young and Jason Stutesmun. Presiding Commissioner Lou Lapaglia and Western Commissioner Bill Barnett met with Danny Garbee, Secretary/Treasurer for the Billings Special Road District to discuss having financial assistance from the County's bridge fund to repair the box culverts on Pierce Road. Mr. Garbee said that the Clever and Billings School buses have had problems driving on Pierce Road. The estimated cost ofthe project is $ 40,000.00. Mr. Garbee requested $ 10,000.00 which is 25% of the cost to cover materials. The tabor will supplied by the Billings Special Road District and a copy of all invoices for this project will be provided to the Commission. The Commission thought the request was reasonable and ok'd this expenditure. 10:15 a.m. Christian County Counselor John HousIey Re: Vacant Lots in Hawthorne Estates The medting was attended by Commission Secretary Julia Maples, Ruth and Mary Meese, Dale Essick, John Es6ick, Don Grider, Aaron and Nancy Hughes, Aaron and Nancy Hughes, Meagan Young, Ted Thomtoh, Teresa Christensen, and Bob Atchley Planning and Zoning Director and Senior Planner Todd WiesehAn. Presidin'g Commissioner Lou Lapaglia and Western Commissioner Bill Barnett met with County Counselor John Hdusley to review and discuss the vacation and abandonment of a50-foot road easement in Hawthome Estates know as Prism Drive. The legal description was in error and we are here today to correct it. County Counselor John Housley, prepared an order to correct the deed. Motioh/Vote - Vacate Prism Drive Wester Commissioner Bill Barnett made a motion to vacate Prism Drive located in Hawthorne Estates subdivis'ion. Lou Lapaglia seconded the motion. The motion passed by vote: Lou Lapaglia (Yes), Bill Barnett (Yes), Tom Huff (Absent). OrdinAnce - ORD: 03-15-07-1 - Secure Farking Spaces for Sheriffs Department ORDER NO. 03-21-11-01 ORDER 6f the CHRISTIAN COUNTY COMMISSION OZARK, MISSOURI DATE ISSUED: March 21,2011 SUBJECp Vacation and Abandonment of 50-Foot Road Easement WHEREAS, on June 14,2004, a plat of Hawthorne Estates was recorded in the Christian County Recorder of Deeds Office in Book H at Page 202, which established a 50-foot ingress/egress easement. WHERE*S, on December 20,2006, a replat of Lots 3 and 4 of the replat of Lot 3 Hawthorne Estates was approved by the Christian County Planning and Zoning Department with the consent of the owner of Lot 3, James Dye, and Lot 4, Ruth Meese, said replat of Lot 3 Hawthorne Estates, a subdivision in Christian County, Missouri,ibeing recorded in the Christian County Recorder of Deeds Office at Book H, Page 528. WHEREAS, the replat of Lots 3 and 4 of the replat of Lot 3 Hawthorne Estates vacated the 50-foot ingress and March:£2011 2 egressleasement that traverses Hawthorne Estates in an east-west direction as depicted on the original plat of Hawthorne Estates and relocated said ingress/egress easement thirtrfive (35) feet north of said easement's original location. WHEREAS, on July 15,2010, a Right-of-Way Warranty Deed was recorded in the Christian County Recorder of Deeds Office at Book 2010 at Page 8068, wherein Grantofs John Reed, Joseph and Rebekah Farmer, Dan and Barbara Dhondt, Donald and Cyndia Stover, Robert Mailat, Stuart and Shirley Coe, and Ruth Meese of Christian County, Missouri, conveyed a right-of-way easement for a public street in Hawthorne Estates, a subdivision in Christian County, Missouri, to Christian County, Missouri, as Grantee, said easement being legally described in said Right-of-Way Warranty Deed, a copy of which is attached hereto, marked as "Exhibit A". WHEREAS, the aforesaid Right-of-Way Warranty Deed, recorded July 15, 2010, in the Christian County Recorder of Deeds Office, contains scrivenefs in the legal description of the ingress/egress easement being conveyed by Grantors to Christian County, Missouri, in that said Deed erroneously described by metes and bounds a portion of a 50406t ingress and egress road easement which traverses Lots 3 and 4 of Hawthorne Estates in an east-west directioh which had previously been relocated on Lot3 of Hawthorne Estates by virtue of the replat of Lots 3 and 4 of the replat of Lot 3 Hawthorne Estates on December 20,2008. WHEREAS, no public funds have been expended to construct or maintain any public road within the Right-of-Way Warranty Deed recorded June 15, 2010, in the Christian County Recorder of Deeds Office. NOW, THEREFORE, BE IT RESOLVED: 1. The Christian County Commission does hereby release, vacate and abandon all of its rights, together with the rights of the public generally, in and to that portion of the 50-foot ingress and egress road easement which runs in an eastiwest direction depicted on the original plat of Hawthorne Estates, recorded in the Christian County Recorddr of Deeds Office on June 14, 2004, in Book H at Page 202, said ingress/egress easement having been relocatdd thirty-five (35) feet north of the original location, exclusively on Lot 3 by virtue of the replat of Lots 3 and 4 of the rdplat of Lot 3 Hawthorne Estates, a subdivision of Christian County, Missouri, being described as follows: ALL OFLOTS 3 AND 4 OF THE REPLAT OF LOT 3 OF HAWTHORN ESTATES OF CHRISTIAN COUNTY, MISSOIDRI Said replat being recorded in the Office of the Christian County Recorder of Deeds on December20,2006, at Book H,Page 528. 2. The Christian County Commission does hereby release, vacate and abandon all of its rights, together with the rights ofthe public generally, in and to any ingress and egress road easement located on Lot4 of the replat of Lots 3 and 4 of the replat of Lot 3 Hawthorne Estates. 3. Thd Christian County Commission does hereby release, vacate and abandon all of its rights, together with the rights of the public generally, in and to that portion of the ingress/egress easement that runs in an east-west directior deeded to Christian County, Missouri, in a Right-of-Way Warranty Deed recorded on July 15, 2010, at Book 2010 at Page 8068 which is located on Lot 3 of Hawthorne Estates south of the southern boundary line of the 50-foot ingress and egress road easement legally described in the replat of Lots3 and 4 of the replat of Lot 3 Hawthorne Estates, a subdivision in Christian County, Missouri, recorded in the Christian County Recorder of Deeds Office in Book H at Page 528. 4. It isfurther ordered a copy of this Order duly certified by the County Clerk shall be filed in the Office of the Recorder of Deeds of Christian County, Missouri. THIS ORDER shall be in full force and effect from and after its passage. Done this 21st, day of March, 2011, at 10:15 0'clock a.m. CHRISTIAN COUNTY COMMISSION Lou Lapipglia Yes Presiding Commissioner Dated: March 21, 2011 Tom Huff Yes Commissioner, Eastern District (Absent) Dated: March 21, 2011 Bill Barnett Yes Commisdioner, Western District Dated: March 21, 2011 March 21,2011 3 ATTEST: Kay Brown, County Clerk 23385-000\ 427849.doc 10:30 a.m. Allen Weathersby- Mark Twain National Forest Re: Lookout Road Discussion The meeting was attended by Commission Secretary Julia Maptes, Jim Bowles, Teresa Christensen, Dale Essick, ! John Essick, Don Grider, Megan Young, Charles Hall, Jim Fletcher, Fred K. Schupbach, Aaron and Nancy Hughes, Megan Young, Aaron and Trisha Hughes, Jeff Carner, State Representative Ray Weter, Judge John Waters, Steve Heslings, Steve Eldson, Daria Rind, Allen Weathersby and Karen Medley of the Missouri Conservation Department. Presiding Commissioner Lou Lapaglia received a call a month ago from the Missouri Conservation Departent with safety concerns for Lookout Road in the Mark Twain National Forest. The Commission called al meeting to discuss the concerns with Alien Weathersby, Darla Rind and Karen Modley of the Missoui Conservation Department. According to Conservationist Darla Rind, there are established trails that cross Lookout Road that are used by AT''s and motorcycles. There have been accidents on Lookout road and their is concern for the safety of homeowners that live beside it. This road is designated for trucks and cars and should not be used by ATV's And motorcycles. The Conservation Department has received many complaints from homeowners regardiAg the trail riders careless driving on Lookout Road and the damage they are creating on private properti that adjoins the National Forest. The homeowners and the Conservation Department have safety concern's that the creek is being polluted and the surrounding land is developing ruts and erosion due to the trail ridbs trespassing from the Mark Twain National Forest onto private property. The Conservation Department is looking at options such as: closing Lookout Road, placing gates at the South aild North entrance and possibly collect an access fee. It was the consensus of those present for the meetind that closing the road, having gates or charging a fee would not stop the trail riders. Lookout Road connects with Center Road and Highway W and is used by the homeowners in the area and the suggestions present&1 by the Conservation Department would impose undo hardship for those using the road legally. There Qere also concern that if the road closed the Fire and Sheriff Departments would not have access. Darla Rind, Conservation agent stated that the Missouri Department of Conservation does not have jurisdiction or authority to make citations to stop the trail riders from trespassing on private property, driving 'on Lookout Road or disturbing the peace. They can write tickets on designated federal forest land. Since Lpokout Road is a public road and not to be used by trait riders then trails must be developed on each sil ofthe road which would be highly used and difficult to manage. The homeowners want the trespassing on private property, polluting the water and the hillsides being destroydd by rogue trail riders stopped. The Conservation Department responded that they can recommend them tostop but they have no jurisdiction. Dale Essick lives on Highway W and if the road was closed to through traffic there is no other access to his property accept Red Bridge Road. Ali the bottom land is privately owned and there is a cemetety that citizens visit. Theresa Christenson lives on Center Road and has seen many trail riders traveling on Lookout Road that are not sixteen. March 21,2011 4 4 4 State Representative Ray Weter receives calls from Chadwick Fire Department having problems getting down to the trails and closing Lookout Road would be a loss of revenue for Chadwick and Ozark Fire Departments. There were suggestions made to have fencing on both sides of the road with breaks for a road crossing and to post more signs. Aaron Hues suggested having the Sheriff's reserves have some saturation weekends which may stop the problems. Theresa Christenson said it doesn't matter how many signs are posted they are taken down. Jeff Carner rides the trails and many of the trail riders come from surrounding states to ride. He suggested making.the road for multiuse to be used by cars, trucks, bikes and ATV's with signs posted. State Representative Ray Weter suggested posting signs on established trails prior to crossing Center Road to warn the riders. John Essick lives at Chadwick and has rode motorcycles in the Mark Twain National Forest. He is opposed to alloing the Conservation Department authority to close a county road. Steve IYestings grew up in Christian County and rides on the unapproved roads and pavement and he is not in favorof closing the road. Aaron ald Trisha Hughes have little children but they do not want the road closed. Presiding Commissioner Lou Lapaglia stated that the annoyance brings the property owners value down. Theresa Christenson said it doesn't matter how many signs are posted they are taken down. Charles Hall raises cattle adjoining the national forest and said the trespassing on private property is an enormous problems for the private land owners. Judge Jdhn Waters said that he is a land owner and owns the majority ofthe land that is being discussed. All of tliese folks are my neighbors and the road needs to stay open for access especially when Bull Creek is up. TAere are three items to consider: 1. Closeor open the road 2. ATV and motorcycle riders coming from the national forest unto private property. 3. Safet; Concerns Fred Shppbach uses Lookout Road to move heavy equipment and by closing the road it would be difficult for him to get to Forsyth. 1:30 pjm. Christian County Commission Re: Time and Attendance Decision The meeting was attended by Commission Secretary Julia Maples, Matt Koenig of P.C. Net, Christie Hirsch from Preferred Enterprises, Treasurer Karen Matthews and Donna Osborn ofthe Christian County Headliner News. Presidink Commissioner Lou Lapaglia and Western Commissioner Bill Barnett met with Treasurer Karen Matthei>s with the intent to make a decision regarding the time and attendance. Christie Hirsch presented questiok in the last meeting regarding having a "T-line" to connect with the internet for the Paychex system and hidden fees. Treasurdr Karen Matthews e-mailed Dan at Paychex and a T-line is not necessary to run this program and thereard no hidden costs. The Treasurer spoke to the payroll departments from People's Bank and Liberty March 21, 201 I 5 4 1./ f. Bank a-id they are very happy with their service. A benefit ofPaychex is that the employees can review their time and attendance anytime and a pop-up reminder appears on the screen to remind them to clock in. There are no fees for updates. There will be some additional fees from PC Net and Preferred Enterprises to implement Paychex. Christie Hirsch had two questions, "What format is the data imported from Paychex into the MAS 90 and is the data exported using a CSV text file? The mFtmg was adjourned. A another meeting is scheduled for March 24, 2011 at 2:00 p.m. 6:30 .m. Tuesday March 22, 2011 Meeting at Nixa City HalI The Commission will be attending a meeting at Nixa City Hall to discuss the Riverdowns West sewer problems. COURT ORDER STATE OF MISSOURI }SS. CHRISTIAN COUNTY January Term, 2011 In the Christian County Commission of said County, on the 2 I st day of March, 2011, the following, among other proceedings, were had, viz: THE TREASURER IS HEREBY ORDERED TO TRANSFER THE SUM OFS 96,825.71 FROM THE COUNTY REVENUE CART FUND TO THE FOLLOWING: BRIDGE $ 14,523.86 ROAD DISTRTCTS COMMON ROAD #1 $ 28,920.87 COMMON ROAD #2 $ 28,377.68 BILLINGS SPECIAL $ 10.049.06 GARRISON SPECIAL $ 2,074.01 OZARK SPECIAL $ 8,123.19 SELMORE SPECIAL $ 3,209.77 S. SPARTA SPECIAL $ 97939 STONESHIRE SPECIAL S 567.88 Sign*ures --- LouLapaglia/Presidl *mis sioner March 21,2011 6 L Christian County Commission March 24, 2011 Convene Presiding Commissioner Lou Lapaglia called the meeting of the County Commission to order at 8:45 a.m. on March 24, 2011 at the County C6mmission Office. Atte'M!6*ce: Lou Lapaglia, Present: Bill Barnett, Present: Tom Huff, Absent. County Clerk Kay Brown is taking the minutes. Motion/Vote - 8:45 p.m. Approve the March 17, Minutes Western Commissioner Bill Barnett made a motion to approve the March 17, 201 I minutes. Lou Lapaglia seconded the motion. The motion passed by vote: Lou Lapaglia (Yes), Bill Barnett (Yes), Tom Huff (Absent). 8:55 a.m. Vending Machine Discussion The meeting was attended by Commission Secretary Julia Maples, Treasurer Karen Matthews and Deputy Collector Cindy Carey. Presiding Commissioner Lou Lapaglia and Western Commissioner Bill Barnett postponed the decision to have County Employees responsible to supply and stock the County's vending machines for more information. 9:00 a.m. Bid Decison Re: Workers Compensation Insurance The meeting was attended by Commission Secretary Julia Maples, Deputy Collector Cindy Carey, County Auditor Sam Yamell and Greg Williams of Connell Insurance. Presiding Commissioner Lou Lapaglia and Western Commissioner Bill Barnett met with County Auditor Sam Yamell to review the bids for the Workers Compensation Insurance by County Auditor Sam Yarnell. Auditor Sam Yamell did a comparison ofthe two bids that were submitted and made a recommendation to _.the Countkgogimission to select Midwest Public Risk because the premium would be much less per year. The estimated 12 month contribution for 2011 is $ 126,697 and last year it was $ 150,829.00. Motion/Vote - 9:05 Award the Worker's Comp Insurance Western Commissioner Bill Barnett made a motion to award the Worker's Compensation Insurance to Midwest Public Risk. Lou Lapaglia seconded the motion. The motion passed by vote: Lou Lapaglia (Yes), Bill Barnett (Yes), Tom Huff(Absent). Motton/Vote - Approve the Right-of-Way Warranty Deed for Ponea and MarshfieId Roads Western Commissioner Bill Barnett made a motion to approve the Right-of-Way Warranty Deed for Ponca and Marshfield Roads. Lou Lapaglia seconded the motion. The motion passed by vote: Lou Lapaglia (Yes), Bill Barnett (Yes), Tom Huff(Absent). Ordinance - 03-24-11-2 - Right-of-Way Warranty Deed for Ponca and Marshfield Roads - Cl - Presiding Commissioner Lou Lapaglia and Western Commissioner Bill Barnett approved and signed the Right-of-Way Warranty Deed for Ponca/Marshfield Roads to transfer additional right-of-way along Ponca/Marshfield Road to Common 1 Road District. The Grantors March 24,2011 1 i ' 4 t are Carol Joan Goin and Darrell Gene Thompson and Harold Dean Thompson. The Deed was attested by County Clerk Kay Brown. 9:10 a.m. Riverside Bridge Ordinance The meeting was attended by Zach and Kris Dyer, Carol Noble, Amy Acker, Sheila Lloyd, Tom and Leslie Carter, Bobby Oliver, Doug Martens and Donna Baxter from the Springfield Newsleader. Presiding Commissioner Lou Lapaglia and Western Commissioner Bill Barnett reviewed the Riverside Bridge Ordinance. Presiding Commissioner Lou Lapaglia read the Ordinance that was drafted by County Counselor John Housley and approved by the Commission. The Ordinance states that the Riverside Bridge is closed to all vehicles, pedestrians, bicycles and motorcycles due to the unsafe condition of the bridge. The ordinance will further protect the bridge and will impose a fine up to S 500.00 to any person that violates the ordinance. Presiding Commissioner Lou Lapaglia requested any questions from the audience. Kris Dyer asked ifthe bridge was closed due to comments from MODOT? It appears that nothing has changed in the past six months that would make it unsafe for pedestrian traffic. Presiding Commissioner Lapaglia stated that the decision to close the bridge and to place an eight foot fence around it, was based on a recommendation from Mr. Alexander from MODOT and the County Counselor. The Dyer's asked the Commission to approve signagc to preserve the bridge for donations to be posted. Leslie Carter asked when the engineering reports will be available? Presiding Commissioner LapagIia said that Matthews and Associates will have the reports within a month. Zach Dyer agrees that cars should not be on the bridge but pedestrian traffic would be less weight. Could a sign be posted that says "Enter at your own risk"? Presiding Commissioner Lou Lapaglia said that a sign posted "Enter at your own risk" would not protect the County from liability. He also said that Mathews and Associates will have three different options to build the new bridge by the end ofthe month. There will be new BRO funding available in April and the County also has asked the City of Ozark to give their BRO funds when available to assist with the Riverside bridge. Kris Dyer had a question about an estimate by Joe Warren to replace the girders and when are the inspections scheduled for the bridges? 1 Presiding Commissioner Lapaglia stated that the: State inspects all the bridges and the County maintains them. Western Commissioner Barnett said the there has been maintenance done on the Riverside Bridge through the years. There was also discussion of individuals floating or canoeing down the river under the bridge. How will you stop them? Presiding Commissioner Lapaglia stated that the people cannot be stopped from canoeing down the river. Many ofthe those present requested that the meetings be held in the evening for more citizen participation. Amber Acker asked where the three options ofthe bridge placement would be? Presiding Commissioner Lapaglia mentioned that it most likely would be on Amys land. Presiding Commissioner said they would check into allowing signage for donations adjacent to the bridge. According to Fred Mathews of Mathews Construction a new bridge witl cost from3 to 3.5 million dollars. There was a question who should be called if there are violators on the bridge? Presiding Commissioner Lapaglia recommended that they call the Sheriff. March 24,2011 2 4 1 Ordinance - 03-24-11-1 - Riverside Bridge Prohibiting Persons From Crossing, Congregating On, Loitering, Or Jumping, ORDER NO. 3-24-11-1 ORDER of the CHRISTIAN COUNTY COMMISSION OZARK, MISSOURI DATE: March 24, 2011 SUBJECT: Prohibiting Persons From Crossing, Congregating on, Loitering, Or Jumping From County Bridge NO. 20090015 (Riverside Bridge) For The Purpose of Protecting The Health, Safely And Welfare Of The Public. WHEREAS, pursuant to Sections 49.266 and 49.270, RSMO., the Missouri Legislature has recognized the authority of county commissions to enact orders to manage and control county property for the safety, promote the health and prosperity, peace and good order, comfort and convenience of the county and its inhabitants, and for the protection of property thereon, and WHEREAS, the Christian County Commission does find it is necessary and proper to adopt an Order prohibiting persons from walking, bicycling or driving motor vehkles onto or across the Riverside Bridge, or from congregating on, loitering or jumping from said County Bridge No. 2090015, for the purpose of protecting the health, safely and welfare of the public, and to promote the protection of persons and properly thereon. NOW, THEREFORE, on this 24th day of March, 2011, at a meeting duly called of the Christian County Commission, upon motion made by Commissioner Bill Barnett, seconded by Commissioner Lou Lapaglia, with Commissioner Tom Huff being absent, the Christian County Commission did vote unanimously to enact the following Order: Section 1. Title. This Order shall be known as the Riverside Bridge Order. Section 2. Purpose. The purpose of this Order is to protect public health, safety and welfare from the dangers presented by persons walking, bicyding or driving motor vehicles across the Riverside Bridge. This includes physical dangers to persons on or jumping from the bridge, the traveling public, and adjoining owners, as well as problems associated with trespass, damage to public and private property, and parking or operating motor vehicles in a hazardous manner on or about the Riverside Bridge. This Order repeats Christian County Commission Order NO. 06-10-10-1 and the instant Order is enacted is lieu thereof. Section 3. Definitions. "Riverside Bridge" means the Riverside Bridge structure and approaches thereto located across the Finley River in Ozark, Missouri, and within the jurisdiction of the County, being County Bridge No. 2090015. 'Motor Vehicle" means any vehicle which is, or is designed to be, self-propelled. Section 4. Prohibitions. (a) No person shall walk bicycle, or drive a motor vehicle across the Riverside Bridge, or be a passenger in a motor vehicle on the Riverside Bridge. (b) No person(s) shall cross, climb all over, go around or cut and pass through the concrete and/or wire barricades which have been erected at the approaches to the Riverside Bridge, and gain access to the Riverside Bridge or any part of its superstructure. (c) No person(s) shall congregate on or loiter on the Riverside Bridge. (d) No person shall fish from the Riverside Bridge. (e) No person shall park a motor vehicle within a posted area of the Riverside Bridge or on or near the approaches to the Riverside Bridge or on County right-of-way within 500 feet of the Riverside Bridge or in a manner that creates a hazard or obstruction for the traveling public or that blocks or impedes access to private properties or to mailboxes. In addition to any penalties provided for in this Order, if a vehicle is parked in a place where parking is clearly prohibited or in a manner which constitutes a hazard to or an obstruction of motor vehicle traffic, then any peace officer authorized to issue citations under this Order may cause the vehicte to be towed away and stored at the Ownefs expense. (f) No person shall remove signs, deface, paint, destroy, or otherwise damage the Riverside Bridge or the appurtenances thereto. Section 5. Enforcement, Responsibility and Authority. This Order shall be enforced by the Christian County Sheriff s office or any law enforcement agency with which Christian County has a Cooperative Law Enforcement March 24,2011 3 t 4 Agreement Section 6. Violations. Violations of any provision of this Order is an infraction punishabte by a penalty not exceeding Five Hundred Dollars ($500.00). Section 7. Severability Ctause. Should any Section or pottion of this Order be held unlawful or unenforceable by any court of competent jurisdiction, such decision shall apply only to the specific Section, or portion thereof, directly specified in the decision All other Sections or portions of this Order shall remain in full force and effect. Section 8. Effective Date. This Ordinance shall be effective upon its passage. Copies of the Order shall be maintained in the office of the Christian County Clerk. Done this 24th day of March, 2011, at 9:10 o'clock a.m. CHRISTIAN COUNTY COMMISSION Lou Lapaglia Yes Presiding Commissioner Tom Huff - Absent Yes Commissioner, Eastern District Bill Barnett Yes Commissioner, Western District ATTEST: Kay Brown Christian County Clerk APPROVED AS TO FORM: John Houstey Christian County Counselor 9:45 a.m. Tim Hamilton of Pond Creek Designs Re: HVAC Contract Signing The HVAC renovation contract signing was postponed to Monday, March 28,2011. 10:00 a.m. Public Building Corporation Re: Annual Meeting The Public Building Corporation Board met with Presiding Commissioner Lou Lapaglia and Western Commissioner Bill Barnett for the annual meeting. The minutes for the meeting are available in the Clerk's Office. 2:00 p.m. Treasurer Karen Matthews Re: Time and Attendance Decision The meeting was attended by Commission Secretary Julia Maples, Treasurer Karen Matthews and Donna Osborn ofthe Christian County Headliner. Presiding Commissioner Lou Lapaglia and Western Commissioner Bill Barnett met to make a decision on the Time and Attendance Program. Christie Hirsch said that P.C. Net has the GIS server available that can be upgraded for $ 1,200.00. She had questions concerning the per employee price for using KRONOS as a web based time and attendance system. Treasurer Karen Matthews asked how much would be the annual updates with KRONOS as a web based system? Presiding Commissioner Lou Lapaglia has concern that Paychex has three benefit types and we currently have four types and are there any hidden fees. Presiding Commissioner Lou Lapaglia would like to see a proposal from KRONOS for a web base system. The Recorder has no objection to move to the Paychex system. March 24,2011 4 41 Motion/Vote - Award the Time and Attendance to Paychex Western Commissioner Bill Barnett made a motion to award the Time and Attendance to Paychex. Lou Lapaglia seconded the motion. The motion passed by vote: Lou Lapaglia (Yes), Bill Barnett (Yes), Tom Huff(Absent). 2:30 p.m. Common 1 and Common 2 Road Crews Re: General Discusion of County Roads (2nd Floor Courtroom) The meeting was attended by Commission Secretary Julia Maples Common 2 Road District Supervisor Brent Young, David Hammons, Scott Grider, Bill Gray, Jason Stutesman, Lloyd Coffer, Donnie Lupton, Bryon Harp, Brandon Hall, Dan Hedgpeth, Mark Thompson, Tim Rice, Mike Holland, Frank Kennison, Richard Teague, Adam Day, David Ashlock, Danny Hursh, Bradley Walker, Rick Maggard, Scott Grider, David Coffer, Danny Thompson, Mike Willis, Brian Wilson, Justin House and Craig Clevenger. Presiding Commissioner Lou Lapaglia and Western Commissioner Bill Barnett had a meeting with the Common 1 and Common 2 Road Districts to bring the road districts together and discuss the changes that have occurred in the Common 1 Road District and to review the objectives for the Road Districts. The Commission expressed their appreciation to the Road Districts for the work they do and encouraged them that it will get better. COURT ORDER STATE OF MISSOURI } SS. COUNTY OF CHRISTIAN January 2011 Term In the Christian County Commission ofsaid County, on the 23rd day ofMarch 2011, the following among other proceedings, were had, viz: The Treasurer is hereby ordered to transfer in the amount of$ 150,000.00, from Building Bond to the following: COLE (Leaving a balance of $ 525,000.00) The Treasurer is hereby ordered to transfer in the among to $ 5,000.00 from General Revenue to the following: Building Inspections (Leaving a balance of $ 45,000.00) Sig98*tires ' L® LapaBliA/Presi Jommissioner March 24,2011 5 J. 5 i et: Christian County Commission March 28,2011 Convene Presiding Commissioner Lou Lapaglia called the meeting ofthe County Commission to order at 8:45 a.m. on March 28, 201 1 at the County Commission Office. Attendance: Lou Lapaglia, Present: Bill Barnett, Present: Tom Huff, Absent. County Clerk Kay Brown is taking the minutes. 8:45 a.m. Minutes Meeting Postponed The meeting was postponed to Thursday 3/31/2011. 9:15 a.m. Bid Opening CuIverts The meeting was attended by Commission Secretary Julia Maples, Jim Hargrave and Larry and Carolyn West. Presiding Commissioner Lou Lapaglia and Western Commissioner Bill Barnett opened three bids for culverts from the following companies: Metal Culverts Incorporated from Jefferson City, - 1 Contact Construction Products from Springfield, Missouri West Pipe Company, El Dorado Springs, Missouri The Commission will review the culverts bids and will make a decision at I 0:30 a.m. on Thursdays March 31,2011. Closed Session Western Commissioner Bill Barnett made a motion to go into Closed Session at 9:30 a.m. to discuss R.S.Mo.610.021 (ID 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). Reconvene From Closed Session Western Commissioner Bill Barnett made a motion to end Closed Session and reconvene in Open Session at 11:30 a.m.. Lou Lapaglia seconded the motion. The motion passed by vote: Lou Lapaglia (Yes), Bill Barnett (Yes), Tom Huff (Absent). No decisions made. 11:00 a.m. Shirley McCudden Senate Bill 40 Re: Case Management & Nomination Discussion - Meeting Cancelled The meeting was cancelled by Shirley McCudden due to sickness. The meeting was rescheduled for March 31,2011. 11 :30 a.m. Sheriff Joey Kyle Re: Meal Reimbursement Discussion The meeting was attended by Commission Secretary Julia Maples, County Auditor Sam Yamell and Treasurer Karen Matthews. March 28,201 1 1 1 6 t4 V Presiding Commissioner Lou Lapaglia and Western Commissioner Bill Barnett met with Sheriff Joey Kyle, Blanca Mallonee and Captain Brian Cathey to discuss the meal reimbursement versus being paid as a per diem. In the Sheriff's opinion, tips should be reimbursed because they are expected and are added expense to the employee. He also mentioned that the County policy for meal reimbursement is not adequate in certain cities. He suggested that the Commission change the reimbursement policy to that of the Federal Government that pays on a per diem basis. County Auditor stated that reimbursements that are paid as a per diem would be considered indome and would be added to the W-2. 11:45 a.m. Tim Hamilton Pond Creek Designs Re: HVAC Contract Signing The meeting was attended by Commission Secretary Julia Maples. Presiding Commissioner Lou Lapaglia and Western Commissioner Bill Barnett met with Tim Hamilton of Pond Creek Designs to sign the HVAC renovation contract. 2:30 p.m. Director of Ozark Chamber, Dori Grinder Re: Agreement for Farmer's Market Discussion The meeting was attended by Commission Secretary Julia Maples, Dori Grinder, Jim Bowles, Shane Nelson, Captain Brian Cathey, Deputy B. Lewis, SheriffJoey Kyle, Steve Stevens, Keith Hartman and Donna Osborn of the Christian County Headliner News. Presiding Commissioner Lou Lapaglia and Western Commissioner Bill Barnett met with Dori Grinder, Director ofthe Ozark Chamber and Jim Bowles to review a real property use agreement to host the Farmer's Market and the Saturday of the Christian County Christmas Parade on the courthouse square. Mr. Bowles reviewed the termination portion ofthe agreement, the insurance and the cleaning of the grounds after the market closes. The Chamber will contract with the County and will be the point of contact with the County. Presiding Commissioner Lou Lapaglia will forward the contract to the County Counselor for his review. 2 Dori Grinder had two meetings with each party separately and they each have interest to have the market on the square with one market manager. She said that both parties agreed not to sell Paw milk at the Farmefs Market. The question was asked who wilt enforce the policy. Those managing the market will call the Sheriff's Department. All violations will be documented and given to the County Prosecutor. Steve Stillings has a dairy farm that is located outside the City ofNixa that sells raw milk. Mr. Stillings stated that ifhe is required to obtain a vendor's permit from the Health Department than his constitutional and state rights are violated. He read from Chapter 150 RSMo that as a farmer, he is free from licenses or fees. He stated that he is art agitated citizen in Christian County and that the County is out ofstep with his State and Federal Constitutional rights. Many dairy's have not survived with the many regulations that are imposed upon the farmers. He stated that he won't live his life under permission and read from Chapter 196 regarding food, drugs and tobacco. Presiding Commissioner Lou Lapaglia stated that he was raised on a farm and drank raw milk and this decision was not based on personal preference but the law. Christian County has an ordinance against selling raw milk. County Counselor John Housley recommended to the Commission that they are required to follow the law. The County ordinance is more stringent than the state law and will stand until there is a definitive AG decision made. Western Commissioner Bill Barnett agreed with Mr. Stillings that the farmers have had a hard time March 28, 2011 4· 4 t succeeding and the regulations that are imposed can be prohibitive. Steve Stillings stated that the laws are to support the people and he is a tax payer. Presiding Commissioner Lapagtia stated that they must follow the County Counselor's opinion. If the law changes we will change the law to be in compliance. Signatures I. - L Laphglia 'Commissioner March 28,2011 3 1 4 r Christian County Commission March 31, 2011 Convene Presiding Commissioner Lou Lapaglia called the meeting ofthe County Commission to order at 9:00 a.m. on March 31, 2011 at the County Commission Office. Attendance: Lou Lapaglia, Present: Bill Barnett, Present: Tom Huff, Absent. Chief Deputy Norma Ryan is taking the minutes. Motion/Vote - 9:00 a.m. Approve the March 21, 2011 Minutes Western Commissioner Bill Barnett made a motion to approve the March 21,2011 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. 9:15 a.m. Sheriff Re: Bid Opening Sheriff's Vests The meeting was attended by Commission Secretary Julia Maples, Bryan Gillman, Brian Cathey, and Sheriff Joey Kyle. Presiding Commissioner Lou Lapaglia and Western Commissioner Bilt Barnett met with Captain Brian Cathey and SheriffKyle to open bids for the Sheriff's vests from the following companies: OMB and Kelly's Police. Kelly's bid $649.00 complete. OMB was $799.00.Brian Cathey and Sheriff Kyle looked at the bids and made the recommendation to go with Kelly's Police. This will be paid for out ofFederal Forfeiture. Motion/Vote - Accept the bid from KelIy's Police for vest. Western Commissioner Bill Barnett made a motion to accept the bid from Kelly's Police for vest at a cost of $649.00. Lou Lapaglia seconded the motion. The motion passed by vote: Lou Lapaglia (Yes),Bill Barnett (Yes), Tom Huff(Absent). 9:30 a.m. Sheriff Re: Bid Opening to InstalI Vehicle Equipment The meeting was attended by Commission Secretary Julia Maples, Bryan GilIman, Captain Brian Cathey and Sheriff Joey Kyle. Presiding Commissioner Lou Lapaglia and Western Commissioner Bill Barnet met with Captain Brian Cathey and Sheriff Kyle to open bids to install vehicle equipment for the Sheriff's Department from the following 2 companies: Radiophone bid for installation only and At Large sales bid for equipment. Motion/Vote - Accept the bid from Radiophone for installation. Western Commissioner Bill Barnett made a motion to accept the bid from Radiophone for installation of equipment and At Large Sales for equipment Lou Lapaglia seconded the motion. The motion passed by vote: Lou Lapaglia (Yes), Bill Barnett (Yes), Tom Huff(Absent). Motion/Vote - 10:30 a.m. Award Culvert Bid Western Commissioner Bill Barnett made a motion to award the primary culvert bid to Contech Construction and the secondary award to West Pipe Co. 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 Maptes. March 31,2011 1 L 11:00 a.m. Shirley McCudden-Senate BilI 40 Re: Case Management & Nomination Discussion The meeting was attended by Commission Secretary Julia Maples and Eric Peterson, Annette Applegate and Joe Patterson. Presiding Commissioner Lou Lapaglia and Western Commissioner Bill Barnett met with Shirley McCudden of Senate Bi1140 Board to discuss case management and nomination. Eric Peterson is interested in working on the board. Eric is on the Building Bond Board. People interested in being on the board are ask to attend several meetings to make sure they are interested. They are then recommend to the commission and it is up to them to appoint. They want members with a caring heart. Tlie other item concerns having a director because ofthe growth. They will not be using county funds to pay the director. They went with Greene County for assistance because their director works well with them. They rented a bldg and interviewed case managers, they have 3 1/2 and will increase to 4. They have a profit estimate of $30,000-$36,000 at the end of year. They will have around $75,000 to pay a director that is not out of tax dollars. They have a sub account, all Medicare money goes in there. Lou wants to make sure an outside auditor agrees with what they are trying to do. Lou commends them for getting the additional funds and doesn't have a problem with what they are trying to do. This is just an update and to let them know what is going on. 2:30 p.m. Dori Grinder- Ozark Chamber Re: Farmers Market Discussion The meeting was attended by Commission Secretary Julia Maples, Jim Bowles, Donna Osborn, Shane Nelson, Eddie Maples, Betty Maples, Robert Snook, Tara Muck, Bob Estep, David Stokely, Ron & Lin Shawgo, Steve Stephens, Mary Yoder, J.J. Leek, Katherine Dowdy, and Ben T. Butter. Presiding Commissioner Lou Lapaglia and Western Commissioner Bill Barnett met with Jim Bowles to discuss hosting the Farmer's Market on the square in Ozark. The terms ofthe agreement have been sent to John Housley. The agreement will remain the same. The document will be here tomorrow. It will include the benefit to the county. The document will be signed tomorrow as long as both county counselors agree. It will be a memorandum of understanding.Dori Grinder presented a contract ofneutral market to Robert Snook and Ron Shawgo. The same agreement will be asked ofthe market. Julia Maples will be the Market manager. They will create a board. There was discussion regarding the agreement between the chamber and the audience. They discussed market rules. Both parties were asked to go to their boards and discuss the agreement and return with suggestions. Motion/Vote - Accept the agreement with the Chamber of Commerce Western Commissioner Bill Barnett made a motion to accept the agreement with the Chamber of Commerce to partner the Farmers Market on the square. Lou Lapaglia seconded the motion. The motion passed by vote: Lou Lapaglia (Yes), Bill Barnett (Yes), Tom Huff (Absent). The County counselor, John Housley will have the actual agreement ready for the commission to sign on Friday, April 1,2011. 4:00 p.m. - 6:30 p.m. Public Meeting Ozark Community Center With Great River Associates Re: Hwy CC Project Great River Associates will be hosting a public meeting at the Ozark Community Center for the public's input on the Highway CC project. -Loylapaglia/Ihi@siding cssioner March 31,2011 v 2 Christian County Commission April 04, 2011 Convene Presiding Commissioner Lou Lapaglia called the meeting ofthe County Commission to order at 9:00 a.m. on April 4,2011 at the County Commission Office. Attendance: Lou Lapaglia, Present: Bill Barnett, Present: Tom Huff, Absent. County Clerk Kay Brown is taking minutes. 9:00 a.m. Bid Opening Re: County Roads Chip and Seal The meeting was attended by Commission Secretary Julia Maples, Common Road District 2 Supervisor Brent Young and Scott Grider, David Hammons of Common 1 Road District, Scott Hilton ofDonelson Construction, Bryan Dunn and Randy Avery from APAC, Scott Crabtree of Blevins Aspliatt and Greg Dish from Wright Asphalt. Presiding Commissioner Lou Lapaglia and Western Commissioner Bill Barnett opened bids for the County Roads chip and seal from the following companies: Wright Asphalt Products Blevins Asphalt Clever Stone Ozark Quarry American Materials journagan Quarry APAC Hutchins Construction- Cassville The Commission will make a decision on Thursday, April 14th, 2011 at 10:00 a.m. 1:30 p.m. EMA Director Phil Amtower Re: Update on Current Projects The meeting was attended by Commission Secretary Julia Maples, Linda Barger, Ed Hultgren, CERT Director and Beverly MeManus. Presiding Commissioner Lou Lapaglia and Western Commissioner Bill Barnett met with Emergency Management Director Phil Amtower and Ed Hultgren Director CERT for an update on current projects in the county with Emergency Management. He passed out cups to everyone. Emergency Management is designed to aid the county in many situations such as: assisting in protection with weapons ofmass destruction, massive fire, immunizations, tornados, ice storms, hurricanes and to assist all public safety agency's manage unexpected events. There are numerous federal government mandates that are written with the EMA in mind. You have to manage emergency's efficiently and if they are not managed well then there are no grants available. A county EMA needs to be the lead agency for disasters and it requires training. Emergency Management participates and in many community assistance programs. Signatures < citb ioner L[oulapaglia ?Presidin-0 VV April 04,2011 1 l A Christian County Commission April 07, 2011 Convene Presiding Commissioner Lou Lapaglia called the meeting of the County Commission to order at 8:55 a.m. on April 7,2011 at the County Commission Office. Attendance: Lou Lapaglia, Present: Bill Barnett, Present: Tom Huff, Absent. County Clerk Kay Brown is taking the minutest Motion/Vote - 8:55 a.m. Approve the Commission Minutes Western Commissioner Bill Barnett made a motion to approve the March 24, 31, 28, April 4, and the closed minutes of March 28,2011. 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. Motion/Vote - 9:00 a.m. Hazeltine Road Right-of-Way Warranty Deed Western Commissioner Bill Barnett made a motion to approve the Hazeltine Road Right-of-Way. Lou Lapaglia seconded the motion. The motion passed by votF: Lou Lapagtia (Yes), Bill Barnett (Yes), Tom Huff(Absent). Ordinance - 04-07-11-01 - Right-of-Way Warranty Deed for Hazeltine Road --Presiding Commissioner Lou Lapaglia and Western Commissioner Bill Barnett approved and signed the Right-of-Way Warranty Deed for Hazeltine Road to transfer additional right-of-way along Hazeltine Road to the Common 2 Road District. The Grantors are Ted E Steele and Allison L. Steele husband and wife and Kristopher E. Steele. The deed was attested by County Clerk, Kay Brown. Motion/Vote - 9:15 a.m. Contract Signing Re: Inmate Health Agreement Western Commissioner Bill Barnett made a motion to approve and sign the extension of the contract with Advanced Correctional Healthcare, Inc. to provide healthcare services to the inmates of the Christian County jail. 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. Captain Brian Cathey, Sheriff Joey Kyle and Captain Brian Gillman. Motion/Vote - 9:20 a.m. Contract Signing Re: Spokane School Air Rights Western Commissioner Bill Barnett made a motion to allow Spokane School the use of air to build an extension over the road. 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. 2:00 p.m. Dori Grinder - Ozark Chamber Re: Farmers Market The meeting was attended by Commission Secretary Julia Maples, Mr. Robert Snook, Ozark City Mayor Shane Nelson, Ozark Ward 3 Alderman Eddie Campbell, Ron and Lynn Shawgo, Sheriff Joey Kyle, JJ Leek owner ofthe Jazz Cafe, Katherine Dowdy, Donna Osborn of the Christian County Headliner News and Donna Baxter of the Springfietd Newsleader. April 07,2011 1 t Presiding Commissioner Lou Lapaglia met with Dori Grinder to review the proposed Farmers Market agreement. Mr. Snook was not in favor ofthe proposed fees to the vendors, reserving and labeling spaces and on site inspections are not done by other markets and is unnecessary. He had questions regarding the fees as to how they would be collected and who would be the recipient ofthe funds. He also asked if this would be considered a fundraiser for the Ozark Chamber of Commerce. Mr. Shawgo had concerns of changing the name ofthe organization, cost of the insurance and how the market would be managed. He said that their organization voted unanimously last night to not parlicipate in the Thursday night Farmer's Market. Their organization will host another Farmer's Market at the Ozark Community Center on Tuesday night and Saturday morning. Mr. Shawgo said that ali good markets have site inspections. Presiding Commissioner Lou Lapaglia wanted to bring both parties together by asking Dori Grinder a disinterested person to manage the market. Commission Secretary Julia MaIles volunteered to manage the markets. Mayor Shane Nelson stated that the Chamber is not looking at making money but wanted to work with the Farmers Market. COURT ORDER STATE OF MISSOURI } SS. COUNTY OF CHRISTIAN April Term, 2011 In the Christian County Commission ofsaid County, on the 7th, day of April 2011, the following, among other proceedings, were had, viz: THE TREASURERIS HEREBY ORDERED TO TRANSFER THE SUM OF$305,483.72 FROM THE COUNTY REVENUE SALES TAX FUND TO THE FOLLOWING: ROAD DISTRICTS COMMON ROAD #1 $ 94,638.86 COMMONROAD#2 $92,836.50 BILLINGS SPECIAL $ 32,900.60 GARRISON SPECIAL $ 6,781.74 OZARK SPECIAL $ 26,577.08 SELMORE SPECIAL $ 10,508.64 S. SPARTA SPECIAL $ 3,207.58 STONESHIRE SPECIAL $ 1,863.45 CITIES CITY OF BILLINGS $ 3,635.26 CITY OF CLEVER $ 2,168.93 CITY OF FREMONT HILLS $ 1,099.74 CITY OF NIXA $ 13,441.28 CITY OF OZARK $ 14,204.99 CITY OF SPARTA $ 1,619.07 g,tures Ch0/*r4 hdj Vu Lapagl31#resiqi0 missioner April 07, 2011 2 :r,0 Christian County Commission April 14, 2011 Convene Presiding Commissioner Lou Lapaglia called the meeting of the County Commission to order at 9:30 a.m. on April 14,201 1 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 - 9:30 a.m. County Clerk Kay Brown Re: Approve Minutes Western Commissioner Bill Barnett made a motion to approve the April 7, 2011, minutes. Lou Lapaglia seconded the motion. The motion passed by vote: Lou Lapaglia (Yes), Bill Barnett (Yes), Tom Huff (Absent). CIosed Session Western Commissioner Bill Barnett made a motion to go into Closed Session at 9:45 to discuss R.S.Mo.610.021(3) Hiring, firing, disciplining or promoting a particular employee. Lou Lapaglia seconded the motion. The motion passed by vote: Lou Lapaglia (Yes), Bill Barnett (Yes), Tom Huff (Absent). Reconvene From Closed Session Western Commissioner Bill Barnett made a motion to end Closed Session and reconvene in Open Session at 9:48. Lou Lapaglia seconded the motion. The motion passed by vote: Lou Lapaglia (Yes), Bill Barnett (Yes), Tom Huff (Absent). The Commission voted to promote Todd Wiesehan to Administrator of the Planning and Zoning Department. This promotion begins on Monday, April 11,2011. Motion/Vote - 10:00 a.m. Award the Chip and Seal for County Road Department Western Commissioner Bitl Barnett made a motion to award the hot mix laid to Leo Journagan Construction Company and due to location on F.O.B. the county may use Journagan or Blevins. The chip, seal and fog seal for singte and double coats for Common 1 and Common 2 Road Districts will be awarded to Hutchins. Cold mix is based on availability and geographic locations from American Materials, Blevins and Clever Stone. The microseal, carbon seat and the crack seal will be awarded to Clever Stone. The rock and aggregate will be awarded on the basis of availability and geographic location. Lou LapagIia seconded the motion. The motion passed by vote: Lou Lapaglia (Yes), Bill Barnett (Yes), Tom Huff(Absent). The meeting was attended by David Dishman, Common 2 Road District Supervisor Brent Young and David Hammons from Common 1 Road District. Mr. Dishman presented the benefits ofusing his road products. 10:45 a.m. Dori Grinder- Ozark Chamber Director The meeting was attended by Commission Secretary Julia Maples, Jim Bowles and Ozark Mayor Shane Nelson. Presiding Commissioner Lou Lapaglia and Western Commissioner Bill Barnett met with Dori Grinder, Ozark Chamber Director to nutlify the Farmers Market Memorandum of Understanding that was made with Christian County. Mr. Bowles asked that the Commission vote to dissolve the agreement. Motion/Vote - 10:50 a.m. Dissolve the Agreement With Chamber of Ozark Western Commissioner Bill Barnett made a motion to dissolve Farmers Market Memorandum of April 14,2011 1 L ./. Understanding. Lou Lapaglia seconded the motion. The motion passed by vote: Lou Lapaglia (Yes), Bill Barnett (Yes), Tom Huff(Absent). 11:00 a.m. Sheriff Joey Kyle Re: Meet With Office Holders In Historic Courthouse - Security The meeting was attended by Commission Secretary Julia Maples, Juvenile Terry Goodall, Public Administrator Ken Davis, Deputy Assessofs: Marian Matthews, Karen Moody and Amy York and Collector Ted Nichols. Presiding Commissioner Lou Lapaglia and Western Commissioner Bill Barnett met with Sheriff Joey Kyle, Captain Brian Cathey and the office holders to discuss security in the historic courthouse. Sheriff Kyle said that the camera system is installed and working. The monitoring station will soon be maned by a deputy from 8:00 a.m. to 4:30 p.m.. There was discussion of having the east entrance to the courthouse as the only entrance. All of the other entrances would be locked but could be used for egress. This is the least costly measure to increase security in the courthouse. Presiding Commissioner Lou Lapaglia and Western Commissioner Bill Barnett expressed their appreciation for such a generous gift. Western Commissioner Bill Barnett said that closing the other doors could be difficult for the elderly citizens to enter the building. He posed the question, "What if someone were to open a locked door and let someone in?" Sheriff Kyle said that he is not insisting that the doors be locked, it is merely a suggestion. The doors will be monitored by an individual. Terry Goodall was delighted that the Commission are taking steps to secure the building. Amy York has concern for the elderly that are coming to pay their taxes. SheriffKyle responded that this will be an inconvenience to the public. Security is a preventive measure and is about preplanning for what could happen what is the best for everyone in the building. Ted Nichols said signs should be posted at the end ofthe sidewalk prior to locking the doors to instruct the people which door is open. He also made a suggestion to darken the glass of the doors that are not to be used. Ted asked, "What is the time table to shut the doors?" Presiding Commissioner Lou Lapaglia said that we have to check with the City of Ozark to have additional disabled parking spaces marked prior to closing the doors. Amy York asked, "Who donated the cameras?" Sheriff Kyle provided the equipment but the County paid for the installation. Ken Davis asked"Will the panic buttons stay on?" SheriffKyle said that the panic buttons will be on and someone will be assigned to monitor the doors from 8 to 4:30 everyday. 1:30 p.m. Tim Hamilton of Pond Creek Designs Re: HVAC Project Update Discussion The meeting was attended by Commission Secretary Julia Maples, Circuit Clerk Barb Stillings, HVAC/Maintenance Kenny Coates, Planning and Zoning Administrator Todd Wiesehan, Chief Deputy Assessor Marion Matthews and Karen Moody. Presiding Commissioner Lou Lapagtia and Western Commissioner Bill Barnett met with Tim Hamilton of Pond Creek Designs for an update on the HVAC project in the Courthouse. The first floor is finished. Mr. Hamilton will check with HVAC Contractor, Randy Long, to have the second floor installation finished before starting on the third floor project. The project is on target to finish on time. 2:00 p.m. Residents of Stone Hollow Re: Update on Road Project Discussion The meeting was attended by Commission Secretary Julia Maples, Brenda Brewer, Cleve and Florrie April 14,2011 2 l. Walker, Jr. Jurgen Ziehr, Darcy Pohimann, Jolenne Huff and Chris Jackson of Huff Asphalt, Planning and Zoning Administrator Todd Wiseman, Commissioners Elza Campbell, Commissioner Jack Brazeale and Dorothy Doenning ofthe Selmore Special Road District, Bryan Keller, Nicole Marsh, Mr. Marsh, Great River Associates, and Donna Osborn of the Christian County Headliner News. Presiding Commissioner Lou Lapaglia and Western Commissioner Bill Barnett met with the Stonehollow residents. Mrs. Nicole Marsh was the main spokesperson for the subdivision. In Mrs. Marsh's opinion, the County has no documentation regarding any inspections made on the roads in Stonehollow and the County has failed ifs responsiblity to the citizens of Stonehollow. Western Commissioner Bill Barnett suggested a meeting with Great River Associates to discuss the road problems. Nicole Marsh made the suggestion to schedule an evening meeting for more residents to attend. Western Commissioner Bill Barnett said in the last meeting the County Counselor was here and he said the .County is not responsible for what happened to their roads. In prior years, the County Commission voted to no longer have the Special Road Districts inspect the roads in their district. The County Road Supervisor and an engineer would inspect the roads within the special road districts. It was said that Allen Moss, former Supervisor for the Common 1 Road District and Spencer Jones from Great River Associaties inspected the roads but there is no documentation to be found. Presiding Commissioner Lou Lapaglia asked if there is a time line. Nicole Marsh said that the road was having problems in 2007 and the second phase of the subdivision was + approved by Planning and Zoning when the roads were still in a mess. The residents are asking for the County's assistance to fix the roads. However, according to the state statutes, the County does not have the authority to use tax dollars on private roads. There was also discussion of the County creating a Neighborhood Improvement District to assist with the project. The Commission did not think the County could assist them with a Neighborhood Improvement District. Presiding Commissioner Lou Lapaglia suggested that another meeting be held in detail with appropriate people for further discussion. Sipatures LIZ·'< c-- - 1-6 Lapag*Pres&[intl (36missioner NE v April 14,2011 3