County Commission - Regular Meeting

Full agenda. Are we up? Okay, we're going to call a meeting to order. It is Tuesday, July 28, 2026. Please stand for 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.

moon dot us 54 intersection improvements open house hearings afternoon saturday jcmo has our first big truck fest at the north harrison city rec area sunday is the saint margaret osage bend picnic uh we don't have a meeting Tuesday the election is being held so we postponed the meeting to Wednesday and Tuesday there is a ribbon cutting at the LU Health and Security Sciences Institute. I put the acronym there and then I was trying to remember so I tried to cheat and mess myself up so I think that was about it.

I think you've touched on everything I have except, well, Patriot Day meeting today and a department head meeting tomorrow. I would attend if I'm the only commissioner to attend.

I have another appointment at 9, so if you can, that's great.

Today, I think we have the United Way Golf Tournament wrap-up meeting. And then, see, I had down the Patriot's Day for Thursday, so that's kind of changed. Friday is the Country Ham Breakfast. Friday afternoon is the MU School of Medicine White Coat Ceremony over at Jesse's. So Saturday, I'm on KWAS. On Monday, there's a co-ed meeting. And then Tuesday and Wednesday, we're good. Okay. uh presentation from invited guests so we have carl malone stuck to discuss the importance of published standards and governing document carla if you come up here and if we could we have a two-page agenda so remedy is yes good morning good morning terry sam jeff the name of this tune is can the people rely on their government's published standards

You might remember this, governments are instituted among men deriving their just powers from the consent of the governed. You know where that comes from, Sam? Declaration of Independence. So anyway, thanks for allowing me to speak, Jeff. Today, I'm not here merely to discuss Chip Seale. I'm here to ask two questions that apply to every governmental action affecting property rights. What lawful authority authorized the governmental action and what published standard guided the exercise of that authority? Whether government places a restriction on a plat, relies upon documents affecting a trust, or departs from the published standards upon which subdivisions were built, those two questions should have clear answers. A government acting lawfully should be able to point to the lawful authority upon which it acts. This is the principle connecting every exhibit I'm submitting today. Atelier Drive. When I built Atelier Drive, I relied upon the 1999 rules for land subdivision, Cole County, Missouri. I'm asking the county to rely on those as well. Those published regulations stated the county will not accept any unpaid roadways into its highway system. And that's on page 2641, and they've got two exhibits included. Government must exercise discretion, but that discretion should be guided by published standards that everyone can inspect and rely on. During this process, I submitted sunshine requests seeking the written criteria decision trees, scoring matrices, life cycle plans, and records explaining the basis for placing Atelier Drive into the Chip Seal program rather than another pavement management program. The county's response, I have that here, did not identify the written published standards I requested. visual inspections and pacer ratings are useful however they are different from evaluating the structural condition of a pavement and from identifying the published standards that guide treatment decisions objective evaluation might include core samples following wave deflectometer dynamic cone penetrometer crack mapping ride quality index so Objective engineering information and publish standards together. Provided transparent basis for government. Decision making and that's exhibit a. And that's for the record. The report plat is the next exhibit. that I'm concerned about. A restriction was added to the plat stating, does not constitute an individual building lot. The American Constitution requires due process before government deprives a person of property rights. Years later, the NR determinant did not have jurisdiction over my reserve tract. And the county has since agreed the court of plat may be corrected. But my question is straightforward. What lawful authority authorized placing the restriction does not constitute an individual building lot on a recorded plat before providing due process required by the Constitution. Public Works has now agreed the recorded plat can be corrected, but who should bear the cost of correcting that governmental action? The property owner or the government? rent trust the next exhibits concern the rent trust for the record exhibit c demonstrates that certified trust contained in the court record is the certified trust contained in the court record is not the same as the two-page trust produced by the county in response to my sunshine request They are different documents. The county sunshine response identified the 2 page trust. As the document provided to the county by Mr. in a 2022 email to Eric land where I submit both documents to the commission and the public may compare them. The certified trust contained in the court record shows amendments only to section 3.6. The 2 page trust upon which the county has relied for planning since 2022 contains a section 3.5 that does not appear in the certified trust contained in the court record. This exhibit also includes the affidavit signed by Mr. Renfro, the court order signed by County Councilor Jill LaHue, and Todd Miller's signature as attorney for the bank. Again, my question is the same. What lawful authority supported relying upon the two-page trust rather than the certified trust contained in the court record? The common principle, the exhibits involve different facts, they all involve public works, they all involve governmental actions affecting property rights, and they all raise the same two questions. What lawful authority authorized the governmental action? What published standard guided the exercise of that authority? Specifically, what lawful authority authorized placing restriction on future building rights on my recorded plan before providing the due process required by the Constitution? And that's exhibit B. What lawful authority supported relying upon the two-page trust document identified in the county's sunshine response rather than the certified trust contained in the court record? And that's exhibit C. What lawful authority authorized departing from the published subdivision standards upon which developers and owner property owners relied and that's exhibit D. It shows the lawful way to make amendments and that's seven point one in closing. Published standards are more than instructions for employees. They are a promise to the people. The governmental authority will be exercised consistently, transparently, and according to standards that everyone can inspect and rely upon. When published standards exist, government should act in accordance with them. When they no longer serve the public, they should be amended through the public process as provided in Section 7.1 of the 1999 Land Subdivision Regulations, and that's Exhibit D, and not quietly replaced by unwritten practice. A government acting lawfully should be able to point to the lawful authority upon which it acts. If government cannot identify the lawful authority and publish standards supporting its actions, those actions deserve careful public review. Therefore, I ask the Commission to require that the lawful authority and the published standards supporting governmental actions affecting property rights be clearly identified and made part of the public record. I ask the Commission to require that legal advice identify the specific constitutional, statutory, regulatory, or other lawful authority supporting governmental action and address the governing documents in the county's possession that are relevant to that action. Only then can the Commission and the people independently evaluate whether that action is authorized. If governing documents are important enough to be adopted, recorded, and preserved, what lawful authority authorize government to depart from them without following the procedures established for their amendment? Again, that's Exhibit D7.1. And it's all part of the 1999 Rules for Land Subdivision. This presentation is about faithfully carrying out the duties of public office under the Constitution and the county's own governing documents. In a republic, and I know Sammy thought we were a democracy when I asked you, the people have the right to know the lawful authority under which their government acts and the governing documents upon which they may rely. Thank you. And this is for the record so the public can have access. Okay. Thank you.

Move on. Appointments by Commission. Appointment of Heather Master to the Cole County Planning Commission for Clark Township.

I'll make a motion to appoint Heather Master to the Cole County Planning Commission Clark Township. Second.

Any discussion? All in favor? Aye. Aye. Appointment of Adam Besson to the Cole County Planning Commission for the Osage Township.

I'll make a motion to appoint Adam Besson to the Cole County Planning Commission Osage Township. Second. Is there any discussion?

All in favor? Aye. Aye. Aye. Okay. Appointment of Katie Christensen to the Care Leave Committee. You want me to do all three of these at once? I think, well, okay. I mean, we can do them separately.

we got two reappointments and one i think you got to do them separately okay okay appointment of katie christiansen to the caroling committee is that a motion you are making no go ahead i'll make that motion second okay all in favor hi hi i'll i'll make a motion to reappoint toby meyer to the caroling committee second All in favor? Aye. Aye. Aye. I'll make a motion to reappoint Tamara Garber to the Care Leave Committee. Second.

All in favor? Aye. Aye.

Okay.

That leaves Larry as the Chair, right? Yes.

Yep.

Yes. I'll remind you.

Do we have any Commission comments? Okay, then we'll go to bids and contracts renewal five of janitorial supplies.

This is the fifth renewal of janitorial supplies with Hilliard. They have proposed four percent increase and Greg said he's okay with this increase.

That's good. I'll make a motion to renew number five janitorial supplies with Hilliard.

Second.

Is there any discussion? all in favor aye aye well who's supposed to read that well i just i sent it to you online wow

Here, hold that so I can read it. I got it.

It's tiny, tiny. Renewal 1 of the Sheriff Department Fleet Maintenance.

It's the first renewal of Sheriff Department Fleet Maintenance with Big O Tires and Donnie Braun & Sons Auto Repair. Both companies agreed to maintain current pricing. Oh, I saw the email.

I'll make a motion to renew one of the Sheriff Department fleet maintenance with Hugo and Donnie Braun and Sons.

Second.

And they are keeping the same, they go up, good. All in favor? Aye. Aye. Approval and signing of M-O-D-H-S-S Grant E-R-S-045-26022-FFY-2027 WIC Local Agency Nutritional Services Contract. Damn. I did put that one there.

But this is our annual renewal of the WIC contract, our Women's Infants and Children's Services contract. It is a slight decrease from last year, but that being said, typically they cover the cost of doing business and as we work through the fiscal year when other departments, you know, have of excess they'll redistribute it amongst the agencies so i'm not too worried about the decrease at this time so i would ask that you sign the renewal for the wig contract and there are some exhibits in the back that need to be signed and i gave jessica the examples to update no initials no you don't have to initial every page what was that last word that you mentioned i don't have that on a page here you should probably say it again

Start with the D, end with the A-M-N, I think.

Darn. Darn. Darn. Do you have any questions? No. I'll make a motion. We approve and sign a contract with the WIC Local Agency Nutrition Services with the Cole County Health Department. Damn.

I'm not going to second it. I'll second the motion since it excluded the... All in favor?

Aye. Okay. Renewal 1 of Prisoner Transportation Services.

This is the first renewal with SMOJS and they have agreed to maintain current pricing.

Make a motion to renew one of prisoner transport transportation services with SMOJS.

Second.

All in favor? Aye. Approval of clinical agreement with Boone Health.

Morning. This is a clinical agreement with Boone Health to allow our students to do observation in their facilities, no charge.

This is a big one though, isn't it?

It is, but there's only one signature. There's some exhibits in there. No initialing? No initialing.

I tried to read this one and it got really thick and heavy, but I need to see it.

Jill did review it.

Got it, okay. I'll make a motion to approve and sign the clinical agreement with Boone Health. Second.

Any discussion? All in favor? Aye. Okay. New business. Accounts payable review. Okay. S-F-Y 2027 Deputy Sheriff's Salary Supplemental Fund Award. I have a chart.

So, the 1st, 1, this is a annual grant that we have through the most smart board for the sheriff's supplementation fund. It was 2000 dollars per post certified deputy. It went up to 3000 dollars. So our starting salary now. Will be 56,000 versus 53. So anybody out there listening, if they're interested, we are taking applications.

Now, when it was two, what did you advertise as the starting salary? $55,000.

Okay. Unfortunately, this has to be signed, and each page has to be initial, Sam.

I guess without getting in the weeds on something like this, if a year from now, well, I mean, what's the effective renewal date of this thing? Is it July 1? July 1 is what's the date at the top of the letter? I guess... just looking forward down a dark alley here if if this is not renewed in a year the starting salary will drop to 53 okay but that uh the most smart board it's a very healthy and it's not only i don't know if you've ever read this but i'll just like to go over it real quick it's good information uh

What this does is each deputy in the state of Missouri, each deputy with an annual salary below $31,000 will receive an income of $6,800 today. If anybody that's below $31,000, they get $6,800 too. Any deputy that's between $31,201 and $35,000 gets a $3,800. Each step, but he was a salary between 35,000 and 69,000. Let's see a supplement of 3000. That's where I'm at. Anybody that has a salary of over 70,000 or more is not eligible. So I do have some individuals that are eligible. They are. Um. So it's a good program for across the state of Missouri.

It is, and I'm sort of curious, and I'm not suggesting we do anything beside this, is that does every political subdivision raise the salary by this? Well, I guess what I'm trying to say is...

and lower their other the part that this this the uh political subdivisions paying we're passing it all the way through yes and i guess maybe that's part of the requirement but to answer your question i don't know i'm sure probably some entities are 115 counties i'm sure there's some out there that's probably 114 114 sorry that aren't playing like they're supposed to i mean there always is but i couldn't tell you that i'll make a motion to

signed the grant paperwork for the Missouri Sheriff's Methamphetamine Relief Task Force so that we accept the grant and pass it on to the employees. Yes, sir. Second.

Any other discussion? All in favor? Aye. Aye. Aye. Okay, SFY 2027, MO Blue Shield Grant Program Application.

So the Blue Shield program, this is the second year I think we've done this. We actually got $28,985.50. Why the 50 cents, I don't know, but that's what we got. With this grant, what we're doing, we're paying for one academy slot and five MDTs.

Good. Make a motion to sign the SFY 2027 Missouri Blue Shield Grant Program application.

Second. All in favor? Aye. Okay, we are going to table the discussion and approval of the tax levy recruitment rates until a future date.

Just a quick note on that. We do have a date that we have to do this by and it is several days after the next meeting? Yep. Okay.

Okay, so we will go to approval of emergency repair of the house outdoor warning siren.

Morning again, you recall a couple weeks ago, we briefly talked about this. Uh, the outdoor warning siren in the house was struck by lightning, rendering it. Inoperable, uh, we did for that claim to our property insurance. They've made a determination. I believe you have that breakdown. There was an immediate payout and then an additional payout we'd be eligible for upon completion. And I believe it'll pay for just over half of the total project cost once we're fully reimbursed. So we did discuss making this an emergency procurement. So they have ordered the parts. So I just need approval of that to be compliant with our purchasing policy. Total cost is $45,634. I have to answer your question.

We're just changing the amount, right?

We already approved the... You gave me direction to proceed with the emergency purchase. We have not approved that in session. So that's all I need. Okay.

eastern district yes yeah because outdoor warning sirens are my favorite yeah they're not working all righty i'll make a motion to approve the emergency repair the towels outdoor warning siren total cost of repair forty five thousand six hundred and thirty four dollars second

Any discussion? All in favor? Aye. Okay, unfinished business. Do we have any unfinished business?

I don't think that needs signature or anything. I don't know if we need to close session. I have no idea what.

That is so, yeah. We do, right. I will make.

please okay then i will entertain a motion make a motion to go into closed session pursuant to section 610.021 of the revised statutes of missouri commission will go into closed session to discuss the following personnel issues under section 610.021 subsection 13. second roll call please sam yes harry yes jeff yes okay