The Board of Marshall County Commissioners met in regular session with Barbara Kickhaefer, chairman, Tom Holle, member, Keith Bramhall, member and County Clerk, Sandra Wilson present.
Chairman Kickhaefer called the meeting to order at 7:58 a.m. in Wells Township at the intersection of 13th Terrace & U.S. Hwy 9 for a fence viewing request. Present for the viewing were the Board of County Commissioners, County Clerk Sandra Wilson, Rich Ruetti, Trey Ruetti, Lee Bigham, County Counselor Jason Brinegar and Paul Kessinger with the Marysville Advocate.
The Board drove the hedgerow, took pictures and discussed prior and future use.
Barbara Kickhaefer moved, seconded by Keith Bramhall to recess the meeting at 8:14 a.m. to be reconvened at the Board of Marshall County Commissioners meeting room. Unanimous.
Barbara Kickhaefer moved, seconded by Tom Holle to reconvene the meeting at 8:48 a.m. Unanimous.
The Board opened the meeting with the flag salute.
County Counselor Jason Brinegar met with the Board to discuss the fence viewing. The Board has determined that the existing hedgerow is not a valid and sufficient fence, therefore, the removal of the portion of the hedgerow did not “throw open” the property. County Counselor Jason Brinegar will prepare an Order for the Board to approve.
Tom Holle moved, seconded by Barbara Kickhaefer to approve the minutes of the August 31, 2020 meeting and the September 8, 2020 meeting. Unanimous.
Tom Holle moved, seconded by Barbara Kickhaefer to approve the following purchase order. Unanimous.
Stormont Vail Hospital, Topeka, KS
For fee of sexual assault exam performed May 19, 2020
$1,320.85-General (County Attny) Fund-P.O. #6332
Bob Lindquist with the Marshall County Fair Association has requested an additional $2,500 appropriation for the use in repairing Floral Hall at the fairgrounds. On previous occasions, the Marshall County Fair Association has requested and has received this additional appropriation to help with maintenance & repairs above & beyond normal maintenance.
Keith Bramhall moved, seconded by Tom Holle to give an additional appropriation of $2,500 to the Marshall County Fair Association upon receipt of notification that the work has been completed. Unanimous.
Barbara Kickhaefer moved, seconded by Tom Holle to approve the vouchers as presented and issue manual warrants from respective funds. Unanimous.
Keith Bramhall moved, seconded by Tom Holle to approve the tax abatements as presented with a value of $23,374 for the tax amount of $3,073.07. Unanimous.
The Board discussed the Special Parks & Rec fund. The fund receives approximately $3,000 each year. The Board discussed allotting the existing funds into 3rds with each commissioner district receiving 1/3 to go towards park improvements. No decision was made at this time on the existing dollars.
Paul Kessinger with the Marysville Advocate arrived at the meeting at 9:12 .a.m.
Public Works Administrator Mike Craig met with the Board.
Tom Holle moved, seconded by Keith Bramhall to approve the following purchase orders. Unanimous.
Lee Chevrolet, Frankfort, KS
For labor to replace idler arm, tie rod ends, parts, supplies
$1,144.45-Road & Bridge Fund-P.O. #109118
Midwest Service & Sales, Schuyler, NE
For deck forms, slab bolters & rebar
$6,551.65-Road & Bridge Fund-P.O. #109119
Welborn Sales, Inc., Salina, KS
For 89 pc various size corr metal pipe
$28,583.96-Road & Bridge Fund-P.O. #109120
Public Works Administrator Mike Craig was concerned that the reported budget shows an increased request of $400,000. The budget request only increased by $207,053 mainly due to wage increase and vehicle purchases. The 2020 budget approved was less than the requested amount, therefore, it appears that he requested more money this year. Road & Bridge budget request of $3,740,750 was approved.
Public Works Administrator Mike Craig said there is a plow truck on Purple Wave on October 6 that he is considering for the Frankfort shop. It is a 2012 International. Commissioner Holle recommended that if it has a maxxforce motor in it, we should not purchase it.
Public Works Administrator Mike Craig reported he is looking at heat/air options for the office at the Landfill.
Ellen Barber with Marshall County Partnership for Growth met with the Board to discuss the CDBG-CV grant.
Tom Holle moved, seconded by Keith Bramhall to go into executive at 9:57 a.m. for 10 minutes to discuss confidential data relating to financial affairs or trade secrets of corporations, partnerships, trusts, and individual proprietorships in order to discuss information to make better informed decisions later with the Board, Ellen Barber and Sandra Wilson present. Unanimous.
The Board has set a deadline of September 24 for any further applications to be submitted for the CDBG-CV grant money. Currently, $36,000 has been approved and distributed which leaves a total of $96,000.00 available to qualified applicants. There are currently 2 active applicants.
Ellen Barber invited the Board to the Partnership for Growth annual meeting which will be held on October 20, 2020 at Landoll Lanes.
Maureen Crist, Wade Maddox and Austin St. John joined the meeting.
After much discussion, Barbara Kickhaefer moved, seconded by Keith Bramhall to give $10,000 to the Bark Park to go towards the fencing out of the Special Parks & Recreation fund. Motion passed 2-1, Commissioner Holle voted no.
Barbara Kickhaefer moved, seconded by Keith Bramhall to approve the following Order of the Fence Viewers. Unanimous.
Whereas the Board of County Commissioners of Marshall County, Kansas received a request from Lee Bigham to view a boundary line and determine whether a partition fence had been partially removed along a boundary between real property in Marshall county owned by Lee Bigham and Rich (Trey) Ruetti III pursuant to K.S.A. 29-304. Whereas, the fence viewers met to view the boundary line and determine issues;
Now, therefore, after said review, BE IT ORDERED by the Board of County Commissioners of Marshall County, Kansas as fence viewers, pursuant to K.S.A. 29-201 & the applicable provisions of K.S.A. Chapter 29, that:
1. Prior to the request for a fence viewing, Trey Ruetti removed or caused to be removed a portion of a hedgerow on or near the boundary line between his land and the land of Lee Bigham.
2. Lee Bigham requested this fence view alleging that the removal of the portion of the hedgerow removed an existing partition fence between the two properties.
3. Upon review of the remaining hedgerow, it is established by clear and convincing evidence that the hedgerow has many gaps and openings that would not hold cattle and does not rise to the level of an adequate partition fence.
4. Having determined that no adequate partition fence exists to separate the boundaries of the real property owned by Lee Bigham on one hand, and Trey Ruetti on the other, the removal of a portion of the hedgerow did not “throw open” the boundary between the parties.
5. The determination that the hedgerow is not an existing partition fence terminates the jurisdiction of the fence viewers and any remaining issues between the parties are beyond the scope of the fence viewers.
6. Costs are assessed to Lee Bigham in the amount of $7.50 to each fence viewer, pursuant to K.S.A. 29-203.
On a miscellaneous note, the questions submitted to the Irish Creek Windfarm developer should be answered and back to Special Counsel James Neeld this week sometime.
Barbara Kickhaefer moved, seconded by Tom Holle to adjourn the meeting at 11:13 a.m. Unanimous. The next regularly scheduled meeting will be on Monday, September 21, 2020 beginning at 8:30 a.m.
