County Commission - Regular Meeting

Okay, we're going to call the meeting of order. It is Tuesday, June 16, 2026. Please stamp the Pledge of Allegiance.

I pledge allegiance to the flag of the United States of America, and to the republic for which it stands, one nation, under God, indivisible, with liberty and justice for all.

Over and out. Okay.

Do we have any minutes or reports received in file?

Yes, we do. We have the sheriff's made 2026 fees and the collector's made 2026 fees.

Okay. Commissioner Committee liaison reports. Upcoming meetings and events.

Let's see. I got a meeting with J.C. Rapp about the project. There it goes. Center Summit tomorrow. I think Harry, you were signed up for that? Yes. Okay, good deal. I didn't get signed up and they were full, so I didn't know for sure if I'd be able to make it, but I'm glad you'd be able to be there. Russellville's America's 250th celebration is Saturday. I think it starts off at 2 o'clock with the car crews and we have some music and The bounce house is for you, Sam. Family fun. And the 5 o'clock will be a Liberty Tree dedication. And it goes until 11 o'clock. You can dance. I'll be in bed by then. And you can dance till 11. Wait until you get my age, Sam, and then 11 o'clock won't be so much to you. I think that's about it.

Okay, I have on my calendar today... Jessica, we have Accuture. So we'll get our first indication about health insurance experience or health claims today, first step. Tomorrow, a data center session over at Capital Lofts. We'll learn a little bit about data centers. JC Rep, I think maybe they're meeting with each of us separately. So my meeting is tomorrow. And then I meet with Nav Pulse on a bi-weekly update on the juvenile center facility under construction. Thursday is Parks Committee, is that right? Yes. And Friday is Juneteenth all day, right? Yup.

Got it.

That's it. Well, you left off tomorrow with St. Mary's Ice Cream Social at the cathedral. That's true. And I have the Tri-County Coalition meeting in the afternoon. Yeah, I'm meeting with J.C. Repp in the morning. And then we have our 250th committee meeting Thursday night. And Saturday is Russellville 2 to 11 p.m. Next Wednesday, if everybody's looked outside, we have our statue, and it is up, and we will be dedicating that on the 24th at 9.30 in the morning. Governor Kehoe will be here, the bishop, and I've got a brigadier general from the guard, so we'll have a nice ceremony to dedicate that statue. And then on, I'm going to give you all these different dates to mark on your calendar. Saturday, June 27th, Tau says their Sky Fest. And they have a parade started at 9 a.m. So Jeff, I'm going to be in the parade. You can all be in the parade. And that goes from...

9 a.m.

Yes, 9 a.m. to 11 p.m. And they will have fireworks, 11 fireworks. And then on Sunday, June 28th, Lawman has their 250th festival with barbecue and a car show and then fireworks again that evening. So there's a lot going on before July 4th. So... Everybody, come to Russellville, come to Taos, come to Lowman. Okay. Any commission comments? Okay. Bids and contracts. Bid award and signing of contract for Sturbridge Drive bridge replacement. Matthew.

Good morning, y'all. Good morning. So this is the bid award signing of the contract for Sturbridge Drive Bridge Improvements. The contractor was E&C Bridge LLC for a total cost of $474,788. Engineer's estimate was $494,027.50. The bids were opened on Thursday, May 7th. and there were a total of three bridge or three bids project involves replacing the serverage drive bridge over the branch of the grace creek funding for this project is made possible by the off system bridge replacement grant through fhwa through moda and with that the county is providing 15.08 percent of the funds and the grant is 84.92 Public Works recommends awarding this bid.

Thank you. I'll make a motion to sign the construction contract with E&C Bridge LLC for the Sturbridge Drive Bridge replacement federal project number BRO-RO26 001.

Second. All in favor? Aye. Okay. Bid award and signing of contract for the 2026 pavement preservation seal program.

So this contract would be with the Director of Asphalt Materials for a total cost of $117,903.80. And this is our annual pavement preservation seal program that applies a rejuvenator to the previous year's paved or overlaid pavements. And this will help extend the life of our pavements. And this contract is actually a cooperative procurement piggyback off of the City of Moberly's bid.

I'll make a motion to sign the construction contract with Corrective Asphalt Materials LLC, the 2026 Pavement Preservation Seal Program.

Second. All in favor? Aye. Aye. Aye. Thank you. New business accounts payable review. There is none. Okay. Signing of surplus title.

This is a 2019 Chevy Tahoe from EMS. It actually sold on GovDeals yesterday for right around $4,000, I think.

Almost $5,000.

Yeah, we just need to sign the title.

Okay. I'll make a motion to sign the surplus title for the 2019 Chevy.

Second.

All in favor?

Aye. Approval and signing of FY25-26 GEMT representation letter.

I ask that we table this until next week. They are still reviewing the results of that letter and I do not have, they asked us to delay until next week. Thank you.

uh approval and signing of change order number one for the rainbow drive sidewalk improvements so this is this change order is the final change order for the rainbow garage sidewalk improvements this was funded through a staff grant from moda And the primary reason for additional cost was an increase in seven inch paved approach. Primary reason for lesser amount of work was four inch concrete sidewalk and there were two contingent items on this project. Overall the change order is an increase in construction by $4,308.01.

Is this getting a lot of use?

From what I've been told, yes. And everybody that I've talked to that has been on this sidewalk are very appreciative of it. And it has made a great improvement to the area.

Good. I'll make a motion to sign the Rainbow Drive sidewalk improvements change order number one. Second.

All in favor? Aye. Aye. Aye. Thank you. Okay. Purchase of replacement boom mower tractor for Pulpit Park School Park.

So this is the one that we discussed the other day. The commission approved it by email vote. And we just need to basically ratify that today at this meeting. Just a little information about this tractor. So it was one of our boom mowers. And caught on fire and burnt, total loss on May 28th, at least the tractor part of it. The boom and the mower part is salvageable. So what we're going to do is the tractor, and I believe Jessica has some numbers that are almost final as far as what we're going to get back from insurance. And we're going to buy the old tractor back, salvage parts off of it that we can. and then build this new tractor with salvaged boom and mower and other parts as much as we can. We may have to buy a few items. The tractors already here are in our shop and the mechanics have started getting it ready to change or to add the equipment. So, again, the county commission approved this quote from crown power equipment for 151,580 dollars and just some rough numbers insurance. We're going to get about 121. There is a 5,000 dollar deductible and then we're going to buy. buy it back for a little thousand is what I was told. So net cost, there is some additional cost obviously, but we will be getting a new tractor out of the deal. So not all what's lost in this whole scenario. uh is there a good explanation as to why this would happen you'd have to talk to the mechanics specifically but those you know picture yourself in a machine like that a lot of brush a lot of debris as it's going through and mowing and a lot of just stuff getting up in in the tractor there's an area that collects some debris around the battery box on the right side And I think it's somewhat of a common thing that happens. Actually, another tractor in Osage County burned up about the same time with a similar scenario. But it gets there and it gets too hot, catches on fire, and then it melts the battery cables. And then all of a sudden it becomes like a welder, more or less, and you can't put the fire out. And it's one of those things that you just can't really see happening as it happens so quick. Cool.

Is there some suggested re-engineering to prevent the next case?

My understanding is that that's being looked at by the insurance company. So it could be an issue with that particular type of scenario. But we've actually had this happen before, but it's been before my time at the county.

I don't remember.

Yeah, this is 2025 years ago probably.

So... I've not gotten to use a boom over so that probably has some different spots that you got to keep clean and then look at so.

Yeah and they do I mean it's just one of those freak things that just kind of happened that the area that collected the debris and basically sticks and grass and it just happens literally that day so.

Thank God our operator wasn't hurt so yeah.

Make sure that you'll be able to get off and check it once in a while and make sure there's not a bunch accumulating there and if that's where it came from. I mean you could have had a hydraulic line bust or something too and start it, I don't know.

Yeah, anything can happen. It's the nature of that type of work. It's susceptible to some things like that occasionally.

Our coverage on this is through our regular travelers. It would seem like they're the big losers here until they turn around and increase our premium and get their money back. I would think that they're the ones that say it's going to need some re-engineering. That's the fix.

They did have a buyer investigator, I believe, from the insurance company last week. So I do have this quote. Again, the commission approved it by email, but probably just need to ratify that vote today. And Sam, will you sign the quote here?

Okay.

So we have the emergency purchase. Right. So we just need to approve the emergency purchase.

Basically, that's it, right? Yeah. And just a little clarification on that. This thing happened so quick last week and basically they found the tractor insurance was being settled all in a matter of a day or two. And the tractor, we had to get it there or somebody was going to get it. It was on the lot. I was impressed you got it in overnight. Yeah, it was sitting on the lot. It was in a different facility with Crown.

I'll make a motion to ratify the emergency purchase of the Kenny Syh Maximum 125 tractor for $151,580. Second. All those in favor? Aye.

If they have their investigator looks at, I'd like to see what they find. Do they let you know?

Well, I guess we could check with that.

I know. I'm inquisitive. To me, it's just... Anyway. Okay. So we will move on. Discussion of workman's compensation lost time benefits. Good morning. Good morning.

This is a topic that has kind of been discussed off and on in finance for several years. This is a very long-standing policy. I can't even imagine how long it's been in place. But if we have an injured worker that is losing time from work under authorized physician's orders, Cole County has always paid full wages for the first three days of lost time. Work Comp by statute does not pay that first three days, it's a waiting period. and so we implemented the policy so that they were not harmed in some way or financially injured if they had a loss of claim unfortunately by statute also work comp pays that first three days retroactive if the injured worker is off for 14 consecutive days we've always paid it since i've been here we've always notified missouri employers mutual that we have paid it provide proofs that we've paid them full wages, and ask that they recover that in settlement, if and when a settlement's due, otherwise to take it out of future lost time benefits. This week, I was notified that they do not recover it, they do not attempt to recover it, and they say by statute they can't. So we're actually paying our employee full wages for first three days and the Missouri employers mutual by statute turns around pays them 60% of their wages on top of that. I would like for us to cease that practice right away and follow statute as it's written. we're only talking about the first three days three days of lost time and if they miss 14 days they're paying for that under statute at that 60 percent rate that all work on benefits are paid at okay so if they don't miss 14 days it's a three-day waiting period plain and simple but but if let's back up so

Today, it's almost like we're encouraging a lost time.

Correct.

If it's a 14 days.

Yes.

If it's not 14 days, it's not getting paid twice.

It's right, but it's still paying 100% of wages. And the work comp statute pays 60%.

For the first three.

For all lost time benefits.

For all of it.

Yes. Anytime they pay for lost time benefits, it's at the 60% rate.

Okay. And that's because that income to the employee is not taxable? Correct. So that's why they don't get 100%. Correct. Got it.

Okay.

I'm just trying to figure out what I didn't understand or why we hadn't changed this before. Okay.

kind of one of those it's the way we've always done it deals there's a reason 17. that's the way we've always done it 17 here yeah rule 17. yeah when you sent the emails yeah that makes perfect sense what am i missing here between

No, we've just done it as an employer purpose. We've talked about it. I'm on the San Pedro She-Long. And it costs us a bunch of money.

I mean, because we have... Well, ultimately, it also increases...

The value of our claim.

Yes.

Yes.

Which ultimately increases the premium.

Correct. Yes.

Okay. Because it's all based on experience.

Correct.

Pay that, pay that. Yeah, right. Got it. I don't see the downside. Well, I mean, I guess the downside is for certain employees, you're not going to get double paid, potentially.

I would assume we could offer them the option of using accrued leave for that first three days if in fact they aren't going to pay for it as a waiting period. I wouldn't want to encourage that practice straight through because then that's a whole other dog that costs us extra money. in some scenarios but if it's approved time and it's in their bank you all could authorize payment of approved leave for that waiting period if they want to burn up their accrued leave potentially it's still an overpayment to them but it's leave they already have in their bank right they'd get it sooner or later so i'm okay with that part of it but i would i would follow your suggestion here that we eliminate that double pay well i'd like to do it immediately but i know we have to give some sort of notice period we're in the middle of a pay period so perhaps we can make it effective with the first full pay period in july fair enough

So run out and get your accident today?

No.

No. So let's just say that his operator was burned. God forbid if his operator was burned in the area and he's at home for five days, he's only going to get 66% of his pay. For two of those five.

So...

he still gets all the benefits right benefits don't change correct you're just saying it's going to be 66 and that 66 that the insurance is paying it's non-taxable correct but yeah no i'm proposing we don't pay any under that three-day waiting period unless we just allow them to use a crude leave I'm sort of following. I'm sort of not. I'm not going to lie. It's very confusing to me. But what I don't want to happen is I don't want an individual burned. I don't want an individual shot and then laying in a bed worrying about pay coming in. So that's the only thing I'm concerned about.

It sounds like me and you guys have thought this through.

I'm not following along with it personally. I'll have to ask you some more questions after this just so that I can explain to my staff. Because what I don't like to happen is someone get injured and then they have to worry about coming to work Injured versus taking care of themselves so that they can get their full paycheck. Does that make sense?

Yeah, I get it. But if it is a shot or a serious injury, they're going to be all 14 days anyway. And so it's retroactive and immediate that they get the 14 days.

I don't get that.

That's just the way the statutes written that the first three days is a waiting period before lost time benefits start. And if they're off 14 days, under doctor's orders under authorized doctor's orders then the lost time benefits are immediate so if the doctor writes them even if the doctor didn't write them completely out but say the in your scenario somebody gets shot the doctor says yes they're going to need 30 days recovery they're off work those benefits start immediately under work comp by statute they have eight days to get them in their hands so they're doing them quickly The three-day waiting period under statute is basically to not encourage people to have a lost time claim because the quicker we get them back to work, the more likely they are.

I'm good with that one. I don't have a problem with that. I just, like I said, I don't want to set up a policy based on people abusing the system versus based on the individuals that are injured and have them to endure that injury while I'm getting paid. Sure.

All right. Thank you. Thanks for explaining. I think I'm more confused now. So the lost total benefits just takes effect if they're away for 14 days or?

No, they say that, well, sorry, not name and names. We have somebody that broke an ankle and we sent them to the doctor they went to urgent care that day went to a follow-up appointment immediately were taken off work for two weeks their benefits immediately started at the work comp rate the two-thirds rate because the doctor already had them off for two weeks if the doctor had said he's off for three days and then he can come back with restrictions that we could have accommodated the three days would have been a waiting period no pay unless he used approved leave we do not have it in our formal policy that they can use a crude leaf but historically we've allowed them to and so i'd like to formalize that portion of it too in our canva provision but the three day is a state waiting period per statute not personally so if i'm twisting ankle i'm not sure what's going on i'm gone for three days then i go to the doctor

I mean, do we get approved to stay home if we have an injured ankle and you're not sure if it's broken or whatever?

Yes, we require proof from the authorized physician.

So then say you finally get an x-ray and everything's okay, it's just sprained, you can go back to work. You're not going to get paid for the three days?

Correct. Especially if you just decided to wait it out, and we have people that do that. No, I don't want to go after.

So if we tell them to go home and wait it out?

We don't tell them to wait it out. If they need medical treatment, we tell them they need to be seen right away, and I arrange that right away.

That's not a good example with the ankle because you would get a death tray right away. I'm just trying to figure out where something falls through the cracks here and try not to do something detrimental.

The only time anything would fall through the cracks, in my opinion, is if somebody says, no, I'm fine. I don't need to be seen. And then calls me the next day or on Sunday at midnight where I've had calls and say, oh, by the way, we really think we need to be seen. We're headed to the ER. And that's a whole other beast. But yeah, if I get the injury report quickly or notification quickly, even by phone, I immediately direct them to seek treatment so that we have doctors on the case right away that we're managing as quickly as we can and so that we know what their work status is.

Okay, I can't think of any instances or anything that would maybe cause a problem. We can revisit it again. So if y'all think it's something where we need to... Yeah, we've got all these big players here. If y'all think it's something that we're not catching here, let us know.

I'll make a motion to adopt the policy as suggested by HR with respect to...

It's workers compensation pay for a long time as we've labeled it in paycheck.

That's what I was going to say.

For the first full paycheck in July, yes.

Effective, yes. The first full pay period in July.

Yes.

Second.

And then I'll send out an email.

Okay.

Any other discussion?

Hearing none, all in favor?

Aye. Aye.

Thank you.

Thank you.

Okay, look at this. We did this in 28 minutes. Do we have any unfinished business?

We know specifically what they're talking about.

Hearing none. I'll make a motion to stand and recess until 4.30 p.m.