By SALINA POST
Tuesday, Aug. 13, 2024, 9:00 a.m.
300 W Ash Room 107 Salina, Kansas 67401
Board of County Commissioners
Monte Shadwick - District 1
Robert Vidricksen II - District 2
Rodger Sparks - District 3
James Weese - District 4
Chairman, Joe Hay Jr. - District 5
Meeting Information
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Regular Meeting Agenda
A. Call To Order
B. Flag Salute & Moment of Silence
C. Public Forum
D. Consent Agenda
1. Approval of Tax Roll Adjustments
2. Approval of Accounts Payable
3. FY24 Year End Community Corrections Adult Program Report 3 - 6
4. FY24 Year End Community Corrections Juvenile Program Report 7 - 10
5. FY24 Community Corrections Juvenile Budget Amendment 11 - 11
6. FY25 KDOC Additional Funding Signatory Approval 12 - 16
7. FY25 Juvenile KDOC Carryover Budget
8. FY25 Adult KDOC Carryover Budget
9. Approval of County Commission Minutes from August 6, 2024 17 - 21
10. Extension to the July 31 Disaster Declaration 22 - 23
11. Approval of Public Forum Agenda
E. Action Items
1. Road Petition - Updated, 2024-114 24 - 34
Request for Action
Mr. Elliott Schrader owns, together with Jennifer Schrader, a parcel of approximately 17 acres in a bend of the Saline River north of Salina which does not have current clear access to a public road. Mr. Schrader has prepared a petition for the County Commission to open a public road pursuant to K.S.A. 68-117. This was presented to your Commission on July 23, 2024. The Commission at that time continued the matter and asked for more information regarding the following:
Whether opening a public road would be considered a “taking” of property from the neighbors under the Constitution.
Whether the Commission is required to provide access to landlocked parcels.
What the status is of a prior easement from 1894?
If the staff could find any history regarding farming over the prior access path that existed.
It is the opinion of County Counselor Mike Montoya that the 1894 easement has not been abandoned. However, this easement ends approximately 300 feet short of Mr. Schrader’s property line, so the petition process still needs to be followed. It is discretionary on the part of the landowner of a landlocked parcel whether to request a public road, but the statutes do not appear to give discretion to the County Commission once the process has been initiated. Mr. Montoya has prepared the attached memorandum detailing the process. The procedure is slightly different than condemnation (eminent domain), but has the legal effect of a taking.
The County Engineer’s office has been unable to determine a specific date the access path was farmed over. It was sometime after 1965.
F. Informational Items
1. Commissioner Comments
2. Announcements
G. August 19 Agenda Item
1. Election Canvass
H. August 20 Agenda Items
1. Human Resources Update
2. Livestock and Expo Update
3. Election Canvass Signatures
4. RNR Hearing/Budget Hearing/2025 Budget Adoption
5. Study Session - Campus Plan Input Session at 11 am
I. Adjournment