Don’t fence me in dispute is resolved

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Don’t fence me in dispute is resolved

By
Alan Rusch

A solution to an unusual case involving Kansas fence law was found at Monday’s meeting of the Ellsworth County commissioners.

Jackie Rathbun and Deanna Rathbun own adjoining pastures. Jackie Rathbun wants to build a 6,100-foot fence between the pastures over the objections of Deanna Rathbun.

According to state statute, if no agreement on the fence can be made, at least two commissioners will view the fence individually, then the commission as a whole will decide at a regular meeting what type of fence (the state minimum is a three strand barbed wire fence) will be built and how the cost of the labor and supplies to build and maintain it will be split between the two individuals.

Commissioner Greg Bender said Monday he talked to Jackie Rathbun. “It appears she (Deanna Rathbun) is willing to go along and pay for part of it,” Bender said.

He recommended the county let the situation be solved between the two Rathbuns. In other business:

• After an inquiry by Keith Haberer, emergency management director for Ellsworth and Russell counties, commissioners decided to keep the countywide burn ban in place.

“Everything is so dry,” Commissioner Dennis Rolfs said.

• Stacie Schmidt, executive director of the Ellsworth County Economic Development, said Bob Fredrickson was correct when he said a treasurer’s report was not given at the annual meeting.

“We will add that to our agenda for next year,” she said.

Schmidt said she has since talked to Fredrickson about the matter. She said a treasurer’s report is given as part of each month’s board packet.

“He just needs to come to the meetings,” she said. “We do practice transparency.”

Schmidt said all anyone needs to do is ask and they will be provided one.

• Commissioners agreed to a proposal from Jamie Cunningham to demonstrate his security cameras.

• No action was taken after a 10-minute executive session with county clerk Shelly Vopat to discuss pending litigation regarding a terminated employee.

• After a five-minute executive session with Nathan Florian, EMS director, approval was given to terminate the employment of Luke Brandenburg from the EMS effective that day, March 7.

• After commissioners approved Florian to pursue a grant for $8,000 to purchase six automatic external defibrillators for county buildings, Jim Kirkbride, chief executive officer at Ellsworth County Medical Center, said the hospital has received grant dollars that could possibly be used to purchase that equipment. Kirkbride and Florian will pursue the matter and report back to the commission.

• Florian said the county’s new ambulance will be here at the end of May. He noted the Claflin EMS has expressed an interest in purchasing the old ambulance for the $8,500 trade-in-value which the county was quoted.

“We’re helping our neighbors to the south,” Florian noted. “And they help us quite a lot.”

“I think it’s a good idea,” Bender said. “It would be the neighborly thing to do.”

When ready to actually seal the deal, Florian will return to the commissioners for official approval.

• Kirkbride said Kerianne Ehrlich, supervisor of the county health department, is giving a proposal to him this week regarding the infection prevention/employee health nurse job sought by ECMC. Kirkbride said the health department’s proposal is to provide that role for the hospital. So the hospital would pay the salary it would normally pay an individual to do that job to the health department instead. Commissioners had no objection to the proposal.

• Consideration of the county’s job descriptions for non-elected employees was tabled until next week’s meeting. Bender said he wanted more time to review the descriptions.

From March 3:

Commissioners talked to Ellsworth attorney Patrick Hoffman in a conference call to discuss a “fence viewing” commissioners will have to do in order to solve a fence dispute between Jackie Rathbun and Deanna Rathbun on pasture ground in Thomas Township.

“Nobody will be able to use this pasture without a fence,” Hoffman noted. Commissioners Bender and Dennis Rolfs Stu were appointed to view the fence as “official fence viewers.” They plan to make their decisions on the fence at their Monday, March 7 meeting and that decision will be put in the official county minutes.

• Fredrickson met briefly with commissioners to highlight recent events held in the county such as the Ellsworth County Economic Development annual meeting, the Ellsworth County Comprehensive Plan come and go and Saturday’s Legislative coffee at Grandma’s Soda Shop in Wilson.

Fredrickson, who plans to attend a later commission meeting to give them more in-depth comments on the events, said he believed the comprehensive plan is a useful tool for the county. He was also disappointed that Commissioner Steve Dlabal Jr. did not attend the Legislative coffee since he represents Wilson and the county. But he was grateful for the nice turnout at the coffee, because the legislators are more likely to make return visits to the county if patrons are interested. He also wondered why no treasurers report was given at the county’s economic development annual meeting.

• Approval of a $45 overpayment to the Central Kansas Mental Health Center in Salina for use as a donation.

• No action was taken after returning from a 10 minute executive session with Ehrlich to discuss contracts.