[0:07] I pledge allegiance to the flag of the
United States of America and to the
[0:12] republic for which it stands, one nation
under God, indivisible, with liberty and
[0:18] justice for all. [snorts]
[0:26] County Commission meeting Monday, August
31st, 2026. We start off with public
[0:32] forum. Pre-registration required. Please
limit topics to county commission
[0:36] business. Following any time limit set
by the board and address your concern in
[0:41] a courteous manner. Discussion of
specific identified personnel is not
[0:46] allowed.
>> Anyone have public comment?
[0:52] Okay, thank [snorts]
[1:00] you. Thank you.
>> Well, it was a hot day, so I thought
[1:03] good spot to come in and cool off a
little bit.
[1:07] » But, uh,
>> you want us to argue with you to extend
[1:10] it or something?
>> No.
[1:13] » U, I'm here today to ask about the
continued attack on the planning and
[1:17] zoning department. How many times has
Commissioner Dirks attacked this
[1:22] department? I heard some of some of the
you commissioners say it's every week.
[1:27] So, for the past year and a half, after
those 80 accusations, have any other
[1:31] commissioners found any merit in that
crusade? Any at all. Silence is
[1:38] agreement.
Today, take a stand and end the
[1:43] unproductive
session. Put forward a motion.
[1:48] Commissioner Durk's concerns have been
thoroughly reviewed and found without
[1:52] merit. More baseless accusations will
not be tolerated.
[1:57] You can't just go with consensus taken
action.
[2:02] Second, repeated public comments by the
same people is out of hand at commission
[2:07] meetings. How many times has new
planning and zoning member Brandy Smith
[2:11] and planning and zoning member Josh
Wiser's wife complained about planning
[2:15] and zoning? limit public comments by an
individual to once per month.
[2:22] Finally, what happened to Commissioner
Durk's conflict of interest policy that
[2:25] he's been demanding for over a year?
Now, he drops it and blames someone
[2:29] else.
I've appeared before this board to
[2:33] refute each and every one of his
accusations. There's consensus that
[2:37] there was no conflict of interest, but
again, no action was taken. In light of
[2:42] Commissioner Durk's continued crusade, I
would ask for a motion.
[2:47] I would ask that the board has reviewed
Commissioner Durk's concerns of conflict
[2:50] of interest by planning and zoning
member David Mueller found them to be
[2:55] without merit. More baseless accusations
will not be tolerated.
[3:01] The coordinated attacks at the last
planning and zoning meeting were the
[3:04] last draw. It's time for the board of
county commissioners to take a stand.
[3:10] No more silently sitting back letting a
commissioner attack others. No more
[3:15] playing both sides.
Take a stand.
[3:19] Today you will take that stand and get
back to the business of Marian County.
[3:24] There will be a lot of people awaiting
your actions today. Thank you.
[3:37] Any others?
I'm kind of the wrong person to have
[3:41] here right now. Uh
I woke up this morning and
[3:47] [clears throat] walked out in the porch
and
[3:49] windmills was was making a whole lot of
noise which they do at this kind of day
[3:55] and uh
air conditioner kicked on. Here I'm over
[4:00] the air conditioner. It's it's obvious
that it's way over the the accepted
[4:04] limits
of uh the 55 dB. I've got a decibel
[4:08] meter. I I understand what this is. Uh
so few weeks ago, um there was a
[4:16] conversation, you know, we've done well
well on the lights. I mean, fine. It
[4:19] took three years thanks to Commissioner
Dirks to to to you know, start to fix
[4:25] those, you know, and then, you know,
they're not quite where they should be,
[4:28] but great improvement.
And so now so they they had a
[4:33] conversation a few weeks ago between him
and counselor about what we should do
[4:37] about the noise level and also well the
TV and a reception that I don't get and
[4:43] uh over the air and others and uh so he
told the comm uh counselor from as I
[4:50] recall was that uh to refer your
comments to the zoning board which I did
[4:57] and I haven't done it for a long time.
He did it last April when he talked to
[5:01] him about the roads or did said they'd
look into it. Here we go.
[5:06] And then uh
so uh they said go to the board. So I
[5:10] went to the to the zoning commission or
the zoning office and and and filed a
[5:17] complaint. Thought maybe they had a form
or something. They didn't. And uh so I
[5:23] wrote it down on a piece of paper what
you know my objections were. And uh the
[5:27] secretary told me, "Well,
it's not going to do it good because uh
[5:33] well, there's nothing we can do about
it." And I said, "Well, yeah, you know,
[5:35] there is. You know, I mean, all we're
asking you to do is is uh enforce
[5:40] regulations, you know, and and and we
need to, you know, look at this. So,
[5:45] what are we supposed to do?" So, so
well, so following Friday or something,
[5:52] um I I presume it was the director
called me and about 5 till 5 and called
[5:57] me and told me, well, she reported it to
uh to Orstead. Well, you know, they're
[6:02] not going to do anything. They haven't
never have got to push it, I guess. I
[6:08] don't know. So, I guess my question is
today, what are we supposed to do? What
[6:13] can we do?
you know,
[6:18] what are we supposed to do? There's
there's nothing. We're not in
[6:21] enforcement regulations. That's all
we're asking for. And and in my opinion,
[6:26] and I think that it is the
responsibility of the zoning board to do
[6:32] so. So, I guess that's it for today.
Thank you.
[6:38] [clears throat] Any others
online?
[6:44] Not we'll close public forum and go on
to the agenda approval. [laughter]
[6:49] Any additions or corrections to the
agenda?
[6:57] » Move as is.
>> Move to accept. Okay. As is
[7:02] » motion motion by Commissioner Holland to
accept the agenda as as published.
[7:07] » Second.
>> Seconded by Commissioner Gary. Any other
[7:10] discussion? If not, all in favor? All
right. By vote.
[7:20] » Okay.
>> Great. Um, we just have the minutes of
[7:23] August 28th.
>> Everyone had a chance to remove view the
[7:28] minutes.
[7:32] Even though I wasn't here, I don't see a
conflict with any of the minutes. And
[7:36] I'll make a motion to approve.
>> Second.
[7:40] » You second.
Motion. Motion by Commissioner Garing.
[7:44] Second by Commissioner.
Any other discussion? Not all in favor?
[7:49] I
[8:10] Excuse
[8:14] [clears throat] me. In the packet, you
did have a report from me with some just
[8:20] some information on it. Does anybody
have questions about anything on the
[8:25] report?
[8:36] So we we transferred the tower trailer
from emergency management.
[8:43] » Yes. Back to the state. That's what the
commission had requested to be done. So
[8:47] that has been done.
>> Was there a pickup tied to that trailer?
[8:52] » Um there is a pickup. It's not
specifically tied to the trailer. We
[8:55] still have the pickup right now. So
[9:07] Um, any other questions?
>> Uh, not necessarily on your report, but
[9:13] uh, an email is booking a meeting clear
out into January 2027 from you. I was
[9:18] just trying to figure out was there
something I supposed to be pre-planning
[9:21] for or that far out? No, I'm just
updating the the calendar to include the
[9:27] commission room on so that we can
>> Okay.
[9:30] » All right. Doesn't come across a long
ways out.
[9:34] » So, I'm just trying to correct all of
the rest of the meetings for this year
[9:37] because of the way the commissioners
changed the meeting schedule. So,
[9:41] » okay. Very good.
>> Nothing for you to do. And I apologize
[9:43] if you were getting a lot of emails
about it, but
[9:46] » it was just two and they just it wasn't
just week after week setups, you know.
[9:50] So I was like, why are these too
special?
[9:53] » No, it was just because of the the none
of the payday meetings had the link to
[9:59] the team's meeting on them. And then
also when I set the I had to set them up
[10:03] as recurring
>> and then I had to change them because
[10:06] they don't all fall on the same day. So
that's what all that was.
[10:09] » Okay.
>> So my apologies. I wasn't I didn't
[10:13] » were getting all those. I knew Ashley
was getting them. Sorry about that, too.
[10:20] So, no, there isn't anything that I'm
aware of that you need to be paying
[10:22] attention to.
>> There's a lot of work going on somewhere
[10:24] in that email all over the place. So,
>> yes, there is. I've been really trying
[10:28] to get the schedule in place. Um, in the
packet, you have a an allocation request
[10:35] just to our approval of painting the
MGator that you all accepted from Kansas
[10:39] Fire Service. That is a requirement of
us receiving that equipment for free.
[10:44] And so, Marcy did get quotes.
Um,
[10:50] and I'm she does have um her preference
is to utilize the incounty vendor for
[10:55] $2,500, but I just there's enough
difference there. I wanted to bring that
[10:59] to the board for your
consideration.
[11:04] » That's quite a difference.
>> Yeah, the one the one um the low bid is
[11:09] like a a one one man operation, one man
shop. Um and so that's
[11:16] » Yes.
So that shouldn't He's my neighbor.
[11:21] » He's your neighbor. He lives in county.
>> I farm ground.
[11:27] » That makes him look
beautiful.
[11:32] his daughter or his wife inherited the
ground they
[11:39] » so I would um appreciate a motion
approving one of those bids for
[11:44] » I'll make a motion to approve the low
bid of 1650
[11:50] » the low bid
>> uh
[11:53] » Dman auto body
>> I'll second that
[11:57] » motion by commissioner Garren second by
commissioner
[12:01] for the low bid
on the Gator painting. Any other
[12:05] discussion?
Not all in favor? I
[12:11] » thank you.
[12:16] Great.
[12:20] » Unless I need to abstain.
>> No, I'm just I'm glad that detail
[12:24] because a lot of times we add extra
weight to the local.
[12:28] » Okay.
>> That they were low. We had a request um
[12:32] from Dr. Hodson to appoint Aaron
Krishnner as a deputy coroner. I did
[12:41] verify with both the county attorney and
the sheriff's office that they would
[12:44] have no issue with that or that they
would support it and they both do.
[12:49] » Any discussion on that item?
[12:54] » I move to make Aaron Kushner the deputy
corner for Marian County. Second.
[13:01] » Did you second that, Dan?
>> Yes.
[13:03] » Moved by Commissioner Garing, seconded
by Commissioner Hollow to appoint Aaron
[13:07] Krishnner as a deputy county coroner.
Any The only discussion I have is have
[13:12] we ever had a deputy county?
>> We have. Yes, we have. And there may be
[13:16] additional [clears throat] deputies as
well.
[13:18] » Okay.
>> Appointed.
[13:19] » Okay. Any other discussion? Not. All in
favor? All right. [clears throat]
[13:31] Okay.
I asked Isaac to come in and talk about
[13:37] um a quote that he has for
um an inspection of the lake hall before
[13:43] we can move forward with some
work on the interior. So, um, I did send
[13:50] that to you by email right before the
meeting. We just got it, um, and right
[13:56] before I sent it to you. So,
>> you want to go ahead and
[14:04] » Okay. So,
uh, this is just kind of to move from
[14:11] the outside of the building to the
inside of the building. Uh, I sent Tina
[14:15] some pictures. You can see there's some
water damage there. Oh, I didn't sit and
[14:19] » pictures were with this. So, I didn't
>> Yeah. No, that's fine. Uh, just around
[14:24] the baseboards and the bottom of the
sheetrock inside the building.
[14:28] » Um,
>> I had Cody Nelson out with NF
[14:32] Construction. He looked at it and he
kind of said
[14:36] he would recommend that we uh either had
a mold remediation company or at least
[14:40] had somebody come out here and could
inspect that. uh this bid that I got
[14:44] from American Metropolit
Metropolitan
[14:49] um environmental that's they pretty they
don't do any work uh they just come out
[14:54] test uh the environment for the inside
they do a full inspection and then they
[14:58] give us a full report on what we would
need to do and how we would need to do
[15:02] it um is what this is
the total price for that that he gave me
[15:09] $1,970
um and I before I did anything or we did
[15:14] anything. I wanted to come and talk to
you guys to see one if this is the way I
[15:18] guess we want to handle that or if
there's a different way or what we want
[15:23] to do there moving forward on the inside
of that lake building.
[15:27] » Did we test the mold at the health
department? Would this be the same
[15:30] company by any chance?
>> This is a different company.
[15:32] » Okay.
>> I believe this dollar mark is quite a
[15:35] bit cheaper than that one too.
>> Okay.
[15:38] Um, I became aware of this company and
the fact that they don't actually do the
[15:42] remediation work. To me, that is a
benefit because I feel like that gives
[15:46] us that doesn't give them a motive to
potentially increase the cost of their
[15:51] like they're going to give us a fair
assessment of what actually needs to
[15:54] happen. And I'm utilizing this company
in another
[15:59] not in the realm of my county role, but
in another role that I am in leadership
[16:05] on and have
found that to be the case with them. So,
[16:11] » is there any sign of mold out there?
>> Yeah.
[16:15] » Okay.
>> Probably going to have to shave off the
[16:17] bottom two feet at least everywhere.
>> Well, it just keep crawling up or
[16:22] » Yeah. Yeah. It'll keep growing up if you
don't cut it off.
[16:27] » Yeah. Some of that got to be sprayed to
kill it, I think.
[16:32] » Usually.
Hopefully they tell us we just cut it
[16:36] down and put liner panel around it.
>> Would it be best? Would it be best just
[16:41] go ahead and cut that down before they
even came?
[16:47] I mean, if there's mold there, we may we
may end up cutting more than we need to
[16:50] or
>> Well, and not only that, I think the
[16:53] concern of contractors and staff of
being
[16:57] having to do that, if they don't have
the appropriate equipment and having,
[17:00] you know, the if there's any risk to
personnel by doing that,
[17:06] » as soon as you open that up, if there is
mold there, then you've got to shut the
[17:09] hall down until you get it remediated.
So, um,
[17:14] place with it. I want to touch it till
we're ready to do the whole
[17:18] » but it contained your airborne exposure
is limited. Um so
[17:31] I'll make a motion to approve uh the
estimate $1,970
[17:37] for a mold analysis.
>> Second.
[17:41] » There is additional charge. I think it's
$70 per
[17:50] non-culturable sample
um
[17:57] » from the lab
>> from the lab.
[17:58] » Right. So this is for the inspection
report and then the um development of a
[18:04] scope of work to remediate and then um
as any any samples that go to the lab,
[18:11] the lab would charge a fee as well.
>> Right.
[18:15] » I believe that's the way I read it.
>> Made my motion to not exceed $2,500.
[18:20] Okay.
>> Motion by Commissioner Garing to not
[18:25] exceed $2,500 for the bold evaluation.
>> Second that.
[18:31] » Seconded by Commissioner Mini. Any other
discussion?
[18:35] » Not. All in favor?
>> I
[18:45] Okay. I do have just a couple of
follow-ups for you and um you had asked
[18:52] about how we receive money for the
sheriff's drug fund and I did talk to
[18:57] the sheriff that is that comes from the
state. It's money collected typically
[19:01] like through a set off program or
individuals that are stopped or um they
[19:09] don't have and they don't have the drug
stamp and so they are there are charges
[19:14] that are brought because of that
[clears throat] financial financial
[19:17] charges that they have to pay. And so
what the way that the sheriff said they
[19:21] typically typically get that is the
state set off or a state agency that
[19:26] sends them the money back and like they
intercept if they have any tax returns
[19:32] or things like that. And so that's where
those funds come from. They do come from
[19:36] the state and that's the process that he
outlined.
[19:40] » So so that's the reason when there's
arrest they say no drug
[19:43] » stamp.
That's
[19:46] » so that's how those funds are generated.
Um and again most the time we don't get
[19:51] much out of that um in a year. Then
there was another question about
[19:59] um high angle rescue. Commissioner
Hollib, you had asked about that last
[20:03] last time. And um I did I reached out to
uh emergency management and planning and
[20:12] zoning uh because they have the most
knowledge and interaction on those
[20:16] topics. And the wind farm do have their
uh they have their own high angle rescue
[20:22] teams and local emergency responders
take over when the patient is on the
[20:27] ground or they're also they can also
stand by for support. So that is how
[20:31] that's handled. We do not
actually
[20:35] » they deployed teams in it
>> right with the specialized equipment and
[20:40] expertise that they need to be able to a
lot of equipment and training involved
[20:44] » right but for county we we don't
>> absolutely
[20:47] » we don't do that part now um it was
noted in here Marcy [clears throat]
[20:53] noted that most of the fire departments
here are trained on grain bin rescue
[20:57] which includes some high angle rescue
skills and um they have a course that is
[21:02] called rope rescue course which includes
high angles. So we do have personnel in
[21:06] the county that do have some of those um
kind of trainings but um the situation
[21:11] is
um Marcy explained that it's similar to
[21:16] the process for anything on like a
railroad property. So the wind farms in
[21:20] this instance are in charge. Their
incident command is under the wind farm
[21:24] and then they have spe uh specified
standard operating procedures for that
[21:29] and then the county rescue teams are
support on the ground. Okay. All right.
[21:37] And then um I just also since we're
since we still have a little bit of
[21:42] time, I will go back into what the
commission recently uh set as an
[21:48] expectation for people that have
complaints regarding the wind farms
[21:53] that they are to go to the planning and
zoning department and file a complaint.
[21:57] And that has been done recently, which I
I did inform the board when I knew that
[22:02] a complaint had been filed there with
the planning and zoning office. that has
[22:06] gone to the to the wind farm for
investigation. It's my understanding
[22:11] that they have tried several times to
follow up and have not been getting an
[22:16] answer from from Mr. Britain. Um but my
question is to the board is um so that's
[22:23] the process that you all outlined.
My other my question is, would you
[22:28] rather
um
[22:32] hire a third party
to investigate these? So, when a
[22:38] complaint comes in, then the county can
go to [clears throat] a third party
[22:42] investigator that works specifically for
us. There are three or four of them that
[22:47] I'm aware of that we could utilize. we
would have to pay for that, but then we
[22:51] could request reimbursement from the
wind farm and that might be a better way
[22:56] for
>> our folks to actually feel like um we
[23:02] can ensure that that things are are fair
that way.
[23:06] » So this third party, are they just a
information gather and a deliverer or do
[23:13] they actually do investigation? Well, I
could look into a little bit more, but
[23:16] as of right now, the board has not
authorized anything like that. And so, I
[23:21] think if you have the expectation of the
department fielding the request, which
[23:25] they did, the department initiating an
investigation through the wind farm,
[23:30] which they have done, that's that's the
only thing that you have so far given
[23:34] authority for us to do. So if you want
to have a true avenue for these things
[23:40] to be investigated and and
at our direction and our you know I I
[23:49] think it might be something to look into
and I could bring back more information
[23:52] on the companies and what exactly they
would do for us.
[23:58] » That doesn't sound like a bad idea to
me. I I would hate it if the the
[24:01] taxpayers would have to pay for
somebody's
[24:07] individual complaints,
>> right? But if you if you
[24:13] » I don't disagree. And so that would be
something that we would potentially be
[24:17] able to seek reimbursement for. But that
gives us some teeth. Gives you all a way
[24:22] to actually know and feel like you have
gotten the investigation that you know
[24:28] and then also if somebody doesn't want
to answer a phone call from the wind
[24:32] farm themselves when they're trying to
gather more information perhaps they
[24:36] would be willing to answer a phone call
from a third party that is working for
[24:40] us.
[24:43] » So that is something
>> reimbursement involved court.
[24:48] [cough and clears throat] I no I don't
think so. I mean there are certain
[24:51] things in our agreement. I believe that
that especially in regard to the
[24:57] reception that like the television
reception and things like that that
[25:02] I think that there is money that is
allocated for that in our agreements.
[25:06] And so to me that would potentially be
the be able to be a source of
[25:10] reimbursement for those investigations.
But I would need to do a little bit more
[25:14] clarification research on it. But I just
thought today might be a good day to
[25:19] raise that with you. It was on my list
for a different meeting, but since it
[25:23] was brought up today,
>> I think it'd probably be wise if we if
[25:26] we looked at something like that. But to
me,
[25:31] there would need to ask have some teeth
into uh whatever they sign as a
[25:37] complaint
that if there's no merit value in the
[25:43] complaint
that it falls back onto the person that
[25:46] made the complaint.
[25:50] » You got an opinion, Brad?
>> You have opinion?
[25:53] » Always. He's just waiting for you to ask
for it. [laughter]
[25:59] that gets you're walking a tight rope
there. The individual has the right to
[26:02] go ahead and make the complaint if it's
frivolous uh or without any merit of any
[26:07] sort. The law does allow for uh sanction
uh in that case, but that's going to get
[26:12] back to Mr. Phillips like Mr. Garing
taxpayer have to pay for it.
[26:18] » Yeah,
>> I mean it could be that's where I was
[26:22] get head where I was head and there was
two check reimbursements.
[26:26] Well, frivolous complaint I guess would
be one that side or the company's not
[26:31] compliant and
>> then
[26:35] » but it would give you a another give you
a little bit more of a it gives the
[26:40] county staff a tool as well because
we've done everything on our end that
[26:45] the commission has asked and we have
received the update that they have been
[26:50] trying to reach out but have not been
um successful in getting through to to
[26:57] the complaintant. And so when you get to
that point, then you're at a you're at
[27:02] an impass unless there is a a process in
place. And I I think it's always a good
[27:09] idea to have a a non-interested third
party involved in these kind of things
[27:14] and people that would be potentially um
trying to investigate these things.
[27:21] I mean it wouldn't automat necessar
automatically every complaint
[27:26] like a TV reception something they can
document yeah there is no TV reception
[27:31] here
>> different
[27:33] » I think it pertaining to
[27:38] complaints that come from this type of
development I think it would be
[27:44] appropriate any complaint that we get we
send to a third party investigator there
[27:51] » is there is there such a way and I'm not
just talking about the this this deal
[27:55] because once you do this you set a
precedent for any and all things
[27:59] necessarily it depends [clears throat]
on the contractual obligations in the
[28:02] relationship this thing is very unique
in terms of it does they do have a
[28:07] number of obligations and duties the
decibel level that is amended in the
[28:11] extent to which that can occur um
interference with uh uh radio or TV
[28:18] types of reception and signals. Those
things were contemplated to some degree.
[28:22] So if complaints come in about those, at
least those have some element within the
[28:26] original pervasive uh parameters of the
agreement uh to to at least contemplate
[28:34] some relief.
>> Well, I'm just thinking noise related
[28:39] period across the spectrum on anything
that has a cup, you know. So, you'd have
[28:44] to
you'd have to write in a crywolf clause
[28:49] of some kind. You know, you cry wolf
enough then then that's it.
[28:56] » Otherwise, they just keep racking up the
bill.
[29:00] » And those those types of provisions, you
have the ability at any time with mutual
[29:05] agreement to amend that and add
something like that above and beyond
[29:09] what's already there. If you're
institutionalizing an independent third
[29:13] party investigation,
[29:18] » you did say there's more than one
company or individuals that do this,
[29:21] Tina.
>> Yes.
[29:23] » That you're aware of at this point.
>> Yes. So, I can if the board is
[29:27] interested, I will try to um pull some
information together and maybe what a
[29:31] structure of what that might look like
and bring it back.
[29:34] » Okay. Consensus.
>> Yeah. I I think it's it's more fair for
[29:38] the individual too to
have trust in somebody that's not bought
[29:43] in one way or the other.
>> Right? And if they already if an
[29:45] individual already has
um intense kind of emotional [snorts]
[29:51] responses about a certain company or a
certain situation, it would be easier
[29:57] for the individual to if a third party
is doing that.
[30:06] » Is that a full consensus? Everybody in
agreement?
[30:26] Okay,
[30:30] I think that was all that I had on my
list for administrative.
[30:42] um KAC conference is coming up in
December, December 7th through 10th and
[30:47] the room block opens tomorrow. So if
there's a potential that you are going
[30:52] to want to attend and stay at the hotel,
then I need um I think Ashley will
[30:58] probably go ahead and try to get those
rooms now. You can always cancel, but
[31:02] it's really hard to add them later.
>> I'll already have
[31:06] [clears throat and cough]
I'll already have a room but for one
[31:10] night or something just like always. So
yeah. So you'll just have to
[31:14] » probably work it out with KC and and
figure out how to extend my stay.
[31:21] » Does anyone else know know right now
that they want us to reserve a room for
[31:27] you?
>> I just drive probably.
[31:30] » Okay.
>> I'll just I'll just go down.
[31:33] » Okay.
Yeah. Well, I'd like to go, but I intend
[31:37] to commute and I can place another I can
stay. I don't need a hotel room.
[31:42] » Okay. All right.
[cough and clears throat] If that
[31:45] changes or if anybody does need one, let
Ashley know, please. Okay.
[31:50] » Yeah. Also, everybody should have an
email, too, to where you can put back
[31:54] the RSVP.
I just did that the other day, so
[31:58] hopefully
that came back to you.
[32:03] Oh, you mean on the calendar invite.
[laughter]
[32:07] I saw that you did that again. I was
just updating the calendar for the room.
[32:12] So,
>> but it allowed you to RSVP there.
[32:14] » Yes, it did.
>> She knew.
[32:15] » And I got a maybe from Commissioner
Dirks as well. So, thank you.
[32:21] » We see what your itinerary is for them
three days pretty soon.
[32:28] » It's usually a little closer to the
event. I'll try to get it to you as
[32:32] quick as I can
[32:35] » on the Monday. That's an extra an extra
day a work like a a separate
[32:41] registration session that's usually
depth um educational session on the
[32:46] Monday. And so when it gets a little
closer and you decide who's wanting to
[32:50] go to that, we may have to look at our
commission agenda to see if you want to
[32:55] have a meeting that day or not.
>> So,
[32:59] okay. [cough]
>> [snorts]
[33:01] » In your packet, I did include the rental
cost for um
[33:07] » Doug's out here
>> for the machine that you were asking
[33:10] about for 330th. So, that is in there.
>> Okay.
[33:15] » Doug out there.
>> Yeah, he's sitting right there talking
[33:17] to somebody.
[33:23] [snorts]
[33:26] » Guys, we're deep in conversation. I was
trying to wave you in.
[33:29] » Yeah. Last minute strategy. [laughter]
>> How do we handle these guys?
[33:33] » Yeah.
>> What do we need to do?
[33:37] » Chaos before the storm.
>> Yeah, there we go.
[33:41] » Okay. Uh yeah, I guess we're here to
talk about the East Tampa Road. Uh
[33:46] that'd be 330th from Limestone to Quail
Creek about the possibility of uh at
[33:51] least grinding up the surface to make it
a little bit more safe for vehicles. Um
[33:56] trying to plan on doing that. at their
guys' approval at um in midocctober.
[34:03] I don't know if Tino were you able to go
ahead and send the guys a price list as
[34:08] far as a rental agreement and all that.
>> Okay, we did.
[34:13] » So, you guys have already seen that.
[clears throat]
[34:16] [snorts]
>> And we could do this out of special
[34:19] equipment. We do have um 45,000 budgeted
for rental equipment in 2026. Or it
[34:26] could be as um coming out of the actual
project, the project fund, the capital
[34:30] improvement fund could also pay the cost
of a rental for that if that um is the
[34:37] board's preference.
[34:41] But you all had wanted that back on the
agenda today, so that's why it's on
[34:45] here.
>> Yeah. So there's there's all the dollar
[34:47] amounts in the from Jeff
>> since time was of the essence. I think
[34:51] that's why we were pushing to get
something done for winter.
[34:55] » Yeah. What's the what's all the
paymanship on the side? I mean
[34:59] » Okay. Um so the rent for the month for
one month period is 31,287
[35:07] » and then there is
>> it's just adding all those factors
[35:10] together.
>> Yes. Um the percentages on top of those
[35:14] are the next
>> y
[35:16] » are are down lower. The 1.175 that's the
percent. Um the 1,600 and the 750 are
[35:24] the freight.
>> Okay.
[35:26] » And then the bottom so that the total
rental would be approximately 39,52348.
[35:33] And then the bottom number adding in the
8,000 is for the new set of teeth that
[35:39] would have to be purchased and provided.
And so that's the worst case scenario
[35:43] based on what they sent me of the
potential rental cost for that piece of
[35:48] equipment.
>> You have possible duplicate charge
[35:50] because you either get it from Casey or
you get it.
[35:54] » I wasn't sure when I was reading it.
>> Tampa Salina.
[35:58] » Yes.
>> So yeah, it is it's not duplicated,
[36:00] » right? I just I was didn't want to
assume that that's what it was. And so
[36:04] when I wrote possible duplicate charge,
I had not confirmed that that was
[36:09] actually accurate. So, but I believe
that it is
[36:17] » used to have one of those things years
ago.
[36:20] » You saying the percentage changes are in
addition to I thought it said 16% of the
[36:25] charge of the rental. So, I interpreted
that as being explaining what some of
[36:30] the expense was.
>> No, I I believe that's
[36:33] » it was additional.
>> I believe it's additional.
[36:36] » Um if it's not, that's a bonus for us.
So,
[36:41] » yeah, about $6,000 bonus.
[snorts]
[36:46] » Again, I was trying to give you worst
case scenario on there so that you would
[36:52] » can't tell. You brought the We did have
a B mag at one time and u got rid of it,
[36:58] didn't he?
>> Yeah.
[37:00] » It wouldn't it wouldn't go down the
road. It wasn't worth it wasn't cost
[37:04] effective. If we could rent something
and have less labor involved,
[37:08] » then use that thing.
>> I I just I just was curious because I
[37:12] had noticed Purple Wave. There's been
several of them on Purple Wave and they
[37:17] sell for less than what we're going to
pay to rent.
[37:20] » Yeah, they probably creep.
>> Well, they Yeah, they may be ragged out,
[37:25] you know. You know,
>> well, the one we had was new one four
[37:29] years ago when I worked for the county
[37:34] that road is at a depth though it needs
to be ground, right?
[37:40] on.
>> Well, I it's as far as what I propose
[37:44] the county to do is just take the
subbase, which is the uh the concrete
[37:49] that's that the the injected concrete as
well as the double seal uh chip seal and
[37:57] just try to grind those two particular
materials together.
[38:02] um try to avoid getting down into the
gumbo or the cleichi, whatever you guys
[38:07] would like to call it. The the basic
acts as a sponge when it gets wet. Um we
[38:14] don't want to introduce that into how
would I say the subsurface
[38:19] as we grind everything up. The two two
elements, the the chip sills with the uh
[38:25] the concrete stabilization.
So,
[38:30] and that would be able to give us a nice
smooth surface, but it's not going to
[38:34] take care of any of the base work um
that's causing problems that now until
[38:39] uh we introduce a geo geoteex or geo
tile and then build up on top of that.
[38:46] So, all we're doing is just worried
about the surface of it right now. Just
[38:51] I'm not going to say a band-aid, but
it's just something to try to make
[38:54] things safer up there right now. So that
concrete base, was that a liquid or was
[39:00] that dry?
>> It's dry. It's like a 6% concrete.
[39:04] » Yeah.
>> That gets stirred into the dirt.
[39:06] » So it didn't really set up like big
chunks.
[39:10] » No, it never really does. It just kind
of makes the dirt glue together a little
[39:14] bit is what it does.
[39:18] » I had a one of the I had an individual
that lives out in that area and called
[39:23] me this morning. He said 25 years ago
that was ground up same way.
[39:31] He said even when it was ground up it
wallowed out right away. Okay,
[39:38] » you know and of course we need to do
something just safetywise.
[39:44] » Yeah, that's just my concern right now
is the safety of it.
[39:47] » And that's what I tried to do. We don't
want somebody getting killed out there.
[39:52] It's that bad.
>> Conversation I had with Steve was that
[39:56] very first mile whether we leave that
alone till the final
[40:00] whatever we do because it's pretty
solid.
[40:03] » It's pretty solid but it's going to
eventually have to be ground up anyway.
[40:07] So would it be better for a contractor
to do it and pay extra for the
[40:11] contractor or have us do it? The
machine's already going to be there.
[40:16] » So that's something to talk about. I
mean that first mile is in decent shape
[40:22] but it's
>> then we got the railroad to tracks to
[40:25] cons and I'm wondering about just rather
than tear that up twice especially with
[40:31] the railroad involved true there whether
we just do it once
[40:35] and in the second phase that first mile
that's my only thought
[40:43] to be an issue class working next to
railroad tracks whenever we do if we do
[40:47] it twice
[40:50] Well, you guys will have to make that
decision.
[40:53] » That's my only concern with this
project. I think at this point,
[40:59] » I'll make a motion to go ahead and
approve the rental not to exceed $48,000
[41:03] for the RM500
for mid October from Foley Equipment
[41:12] proposal by Jeff Bender.
Okay, we have a motion on the table for
[41:17] the rental expense on the recycling
machines unfolding.
[41:24] » I'll second that.
Any other discussion?
[41:30] If not, all in favor?
>> I
[41:33] » Okay, I didn't have a discussion about
the riddle part, but I do still have a
[41:36] discussion on that one mile. Are we
going to include that with it? Are we
[41:40] going to do the whole thing or we just
going to I mean Mike brought up this the
[41:45] topic about the the railroad tracks? I
mean
[41:49] » is that is that is that an issue to
>> Yeah. You can't get
[41:53] » the railroad tracks that you can't get
too close to the railroad tracks. It
[41:57] becomes their property at a certain
point. Darren has talked about it before
[42:01] and it's a
>> it's jumping through hoops trying to
[42:04] make stuff happen right next to them.
>> Well, I mean I think they you're going
[42:08] to have to stay away from that.
>> Yeah. You're going to have to stay back.
[42:10] I can't remember what the
>> railroad will have us specify.
[42:15] » It's saying to deal with the railroad if
we did it just one time on the second
[42:20] phase whenever that is makes sense to
me, but that's just my personal opinion.
[42:28] » So that's what I'm asking you. Do you
want to go with leave that one the first
[42:33] mile from limestone to Mustang alone and
just kind of repair it as needed? and
[42:39] then grind up east of the railroad
tracks just one time just those
[42:45] » having to repair it. I don't I don't I
would be in favor.
[42:48] » Is that stretch going to be just as bad
in a year?
[42:51] » It's starting to show its teeth. Yes. I
mean,
[42:53] » why would why would we wait?
>> Then we're getting a whole another
[42:56] mobilization bill. We're getting a whole
another just to bring some a piece of
[42:59] equipment.
>> I was going to say you're going to have
[43:01] to go get the
>> I think we'll check on the railroad
[43:05] permits and crossings and that kind of
thing. uh see what all we need to do
[43:10] with that. Um
if there if that becomes a problem and
[43:14] we need to notify you guys, we'll come
back to the table and discuss it.
[43:19] » But if it's something that we can go
ahead and proceed with with just filing
[43:22] some paperwork with the railroad, um I
don't know be a problem because they do
[43:28] the same to us. They just tell us,
"Okay, we're doing work on this road,
[43:32] » you know." So
>> they'll do it. We won't. They will be
[43:35] all over us.
>> Yeah. Every time I do one of those,
[43:38] that's months in most cases to get that.
It's 100 feet on either side of the road
[43:42] bed line. And I don't even know how they
define that as a general rule.
[43:46] » Okay. But if we don't proceed that 100
ft, we're not uh intruding in their
[43:50] rightway. Correct.
>> Because we stay out of that. It might be
[43:53] tighter than that, but
>> yeah,
[43:55] » like Darren Darren's been in here two or
three times talking especially
[43:59] Lincolnville road
what our what our complications were
[44:04] [snorts]
>> and how far away from the railroad
[44:06] tracks those complications start.
>> One I did two weeks ago was that 100
[44:10] feet but it was within a city limit
setting
[44:12] » so I don't know what impact that had.
>> Yeah, might might have something to do
[44:16] with the higher speeds too. So, well,
all right. Well,
[44:19] » the bad spots there in Lincolnville is
right there towards the tracks now
[44:23] fairly large.
>> So,
[44:26] » I just want to address that concern of
crossing the railroad is that make sure
[44:31] that that doesn't tow local or in a time
frame or something.
[44:35] » Well, the good thing is now we can just
go ahead and put this machine on reserve
[44:38] and get it get the things rolling.
So the consensus of the board was to do
[44:47] the whole stretch and not skip the first
mile, but to be aware of the railroad
[44:54] permitting issues. Was that what I
heard?
[44:56] » Yeah, I'd rather not mobilize this
machine again for something to the same
[45:00] area.
>> The cost if we do
[45:03] » consensus is to go ahead and do the
whole
[45:06] » minus the railroad minus the railroad.
>> Okay.
[45:09] » Unless the railroad says, "Yeah, do it
too." then go for it.
[45:13] » They won't.
>> They won't.
[45:16] » I wanted to make to clarify because I
wasn't I just wanted to make sure it was
[45:20] very clear.
[45:26] » Go ahead.
>> Anything else on
[45:28] » No.
Would there didn't we have those repairs
[45:33] estimate? Um, I didn't know if you
wanted to have
[45:37] » I think that there's some more
discussion that you maybe wanted to have
[45:41] with your attorney on some of that.
>> Okay.
[45:44] » So, that wasn't anything I had put out
for on the agenda.
[45:47] » Thank you, gentlemen.
>> The pictures behind the lake. I haven't
[45:50] got over there, but that looks nice. I
think
[45:53] » Did they vote?
>> They didn't vote, but you have a
[45:58] consensus to do that.
>> Consensus to go ahead and do the whole
[46:00] model.
>> They voted on the rental.
[46:02] » Yeah.
All right. Thank you. [clears throat]
[46:11] » Get your hat.
>> Oh my goodness.
[46:15] » Yes. You have noticed that sideway.
>> Thanks guys.
[46:23] Little performance.
[46:27] [clears throat]
[46:29] » Hello.
[47:17] I move we recess an executive session in
order to discuss job performance of spec
[47:22] specific employees pursuant to KSA75-
431. 319B under item number one for
[47:29] personnel matters non-elected personnel
with the board Tina and Brad until 2
[47:37] would be 247
>> 147
[47:41] » 140 147 excuse me 147
with open session resume back in the
[47:46] commission chambers following close
session
[47:51] » seconded
by commissioner Durks any other discuss
[47:57] No. All in favor?
>> I [clears throat]
[48:03] was in the middle of the sentence. It
had to be cut off so we don't control.
[48:07] » Okay.
>> Out of executive session. No decisions
[48:10] made. Uh we'll be going back in. I move
that we recession executive session in
[48:15] order to discuss job performance of
specific employees pursuant to
[48:18] KSA75-4319B
[48:21] under item number one for personal
matters of non-elected personnel with
[48:25] the board uh Tina and Brad until
uh
[48:32] 2:00
open session to resume back in
[48:36] commission chambers following a closed
session.
[48:39] » Second move seconded by Commissioner
Garing. Any other discussion? Not all in
[48:44] favor.
>> I will.
[48:52] » Okay.
>> Out of executive session. No decisions
[48:55] made. Um
mission comments or outside reports.
[49:04] » We have any?
[49:08] I guess Brad, we brought back a few
pictures on the road out of this.
[49:12] » I brought back some few pictures I took
last week on the road with you.
[49:16] » You have provided those to me.
>> Should we do you want to schedule a
[49:20] discussion on that for next week on the
agenda?
[49:24] » Tuesday.
>> No, we meet on Tuesday next week and I
[49:26] don't think Brad will be here.
>> That's not a typical uh a day that we
[49:30] generally get to have here.
>> I guess we'll have to wait.
[49:39] or 14, excuse me,
>> 14.
[49:46] » All right. Any other comments?
I would like to continue the discussion
[49:51] we just had this meeting. We're not done
here by any stretch of imagination.
[49:57] We need to uh
we were getting somewhere. I mean, it's
[50:02] just a matter of time and then Jonah had
to leave and everything, but uh I would
[50:07] like to continue this another session on
this. This is important. It needs to be
[50:13] addressed and I would like that added to
the agenda for next week.
[50:22] » Anything else? [clears throat and cough]
>> I'll make a motion to journ.
[50:28] » Second by second. Second by Commission.
Any other discussion?
[50:33] If not, all in favor
>> I
[50:42] off the record and pray for our rain.
Tail.