[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.

MCC Meeting 8 31 2026

Transcript