The Board of Marshall County Commissioners met in regular session with Keith Bramhall, chairman, Barbara Kickhaefer, member, Fritz Blaske, member and Sandra Wilson, County Clerk present. Chris Pannbacker with the Marysville Advocate was also present for the meeting.
Commissioner Bramhall called the meeting to order at 8:30 a.m. The meeting was opened with the flag salute.
Fritz Blaske moved, seconded by Keith Bramhall to approve the minutes of 11/22/2021 with the correction of removing paragraph regarding Lincoln township low water crossing and agenda for today’s meeting as presented. Unanimous.
County Treasurer Jami Ellenbecker met with the Board to report back that all offices in the courthouse are okay with closing the courthouse to the public all day on December 31, 2021 with it being a work day for the employees to close out the year.
Fritz Blaske moved, seconded by Barbara Kickhaefer to close the courthouse to the public all day on December 31, 2021 with it being a work day for the employees to close out the year. Unanimous.
Public Works Administrator Mike Craig met with the Board.
Keith Bramhall moved, seconded by Fritz Blaske to approve the following purchase order. Unanimous.
Foley Industries, Park City, KS
For troubleshooting, labor and parts to repl seal retainer, etc. #0987
$7,973.22-Road & Bridge Fund-P.O. #109285
Public Works Administrator Mike Craig reported the crews are busy working on various bridges, hauling rock, blading roads and cleaning ditches. Regarding the section 11 of Cottage Hill, Mr. Craig reported there is not a platted road in the middle of the section.
Keith Bramhall moved, seconded by Fritz Blaske to go into executive session for 5 minutes at 9:12 a.m. per KSA 75-4319(b)(1) to discuss matters of non-elected personnel for employee evaluations with the Board and Public Works Administrator Mike Craig present to return to open session in the Board meeting room at 9:17 a.m. Unanimous.
No action taken as a result of that executive session. County Counselors Jason Brinegar and Aaron Westbrook met with the Board. Partial payments can be made on tax sale properties up until the judgement is issued and then at that time the redemption period will start. Mr. Brinegar advised that it would make more sense to put the money into an escrow account to pay taxes all at once because if they fail to pay all the taxes then they are out that money and the property would still be sold.
The Board briefly discussed with county counselors the upcoming matter of the Waterville Township/Brett Parker cattle guard issue. One concern that was expressed was the increase in liability this could create for the township.
Barbara Kickhaefer moved, seconded by Fritz Blaske to sponsor an employee appreciation breakfast at the Wagon Wheel on December 22, 2021 from 7:00 a.m. to 8:30 a.m. Unanimous.
Keith Bramhall moved, seconded by Fritz Blaske to approve payroll as presented. Unanimous.
Keith Bramhall moved, seconded by Fritz Blaske to recess the meeting at 10:28 a.m. to reconvene in the large courtroom at 10:30 a.m. Unanimous.
Keith Bramhall moved, seconded by Barbara Kickhaefer to reconvene the meeting in the large courtroom at 10:32 a.m. Unanimous.
Present for the discussion regarding the Waterville Township Unicorn Road and Brett Parker cattle guards were Randy Jacobson, Daryl Benteman, Mark & Carol Obermeyer, Clayton Dick, Todd Parker, Jim Musil, Jeff Heinen, Brett & Amanda Parker, Rick Griffin, the Board of County Commissioners, County Counselor Jason Brinegar, Public Works Administrator Mike Craig and Chris Pannbacker with the Marysville Advocate.
Mr. Brett Parker addressed the Board to give a history dating back to 2011 wherein the request was made to close Unicorn Road. In January of 2019, Mr. Parker again addressed the Board regarding this road. Mr. Parker’s attorney sent a formal request to the Township Board asking to place cattle guards on Unicorn Road to allow for free range, stating that Mr. Parker would erect a new fence around the cemetery. The request was denied by the Township Board. Mr. Parker and his attorney Mr. Griffin state that an answer was not provided by the Township Board, therefore, Mr. Parker installed 2 of the 3 cattle guards that he was requesting.
Mr. Brinegar noted that a response was sent to Mr. Parker’s counsel stating that Waterville Township Board denied the request.
Mr. Jeff Heinen representing the Waterville Township Board addressed the Board of County Commissioners. Mr. Heinen stated that this is a township policy decision and that it appears Mr. Parker is asking for forgiveness rather than permission.
Mr. Daryl Benteman Cottage Hill Township Officer said that this decision will set a precedence as there have already been inquiries to install cattle guards on township roads.
Keith Bramhall moved, seconded by Fritz Blaske to recess the meeting at 11:34 a.m. to be reconvened back in the Board meeting room. Unanimous.
Keith Bramhall moved, seconded by Barbara Kickhaefer to reconvene the meeting in the Board meeting room at 11:39 a.m. Unanimous.
Keith Bramhall moved, seconded by Fritz Blaske to go into executive session for 20 minutes at 11:40 a.m. per KSA 75-4319(b)(2) for attorney-client privileged discussions regarding cattle guard placement discussions to return to open session in the Board meeting room at 12:00 p.m. Unanimous.
No action taken as a result of this executive session.
The Board discussed liability and cattle guard maintenance.
Fritz Blaske moved, seconded by Barbara Kickhaefer to take the Waterville Township/Parker cattle guard situation under advisement and make a decision on Monday, December 6, 2021. Unanimous.
Barbara Kickhaefer moved, seconded by Fritz Blaske to approve the following Home Sewer bills as presented and pay out of the appropriate funds. Unanimous.
City of Marysville – clean lift station $638.40
Paul Broxterman – supplies $ 81.74
Fritz Blaske moved, seconded by Barbara Kickhaefer to approve Neighborhood Revitalization application for Frederick Feldkamp to construct a 50 x 60 shop at 1183 30th Rd, Axtell, KS. Unanimous.
Keith Bramhall moved, seconded by Fritz Blaske to approve the Marshall County and Pawnee Mental Health Contract for the 2022 allocation of $117,954. Unanimous.
Fritz Blaske moved, seconded by Keith Bramhall to adjourn the meeting at 12:46 p.m. The next regularly scheduled meeting will be held on Monday, December 6, 2021 beginning at 8:30 a.m.