OSAGE COUNTY—Osage County commissioners on Thursday agreed to maintain CR 511 in Westphalia following a meeting with Westphalia aldermen Gerhard Schmitz and Mike Kliethermes, City Attorney David Bandre.

The stretch of road in question is inside a parcel of land annexed years ago. For a time, the county maintained it as part of a swap with the Westphalia Special Road District; but it has been neglected since that agreement fell apart in 2016.

Bandre made the first statement of request, reiterating that Westphalia does not have the equipment to maintain gravel roads. In the years since the county quit going over it, the material has eroded and the roadway is down to bedrock. City officials have indicated there are no funds to invest in getting its own equipment; and the .33-mile stretch in question is the only unpaved street in town. Nor do aldermen care to invest in paving it any time soon. Bandre emphasized the city is open to any ideas which would result in getting the road taken care of.

“We’re open to suggestions,” he said.

Bandre offered the city could pay for the material and then pay the crews for their time; but “we just want to open up a dialog and see if we can come up with what that number is.”

The road is still passable but continues to deteriorate. “It needs to be addressed,” he concluded.

Presiding Commissioner Darryl Griffin asked, “How many times do you want it graded?” He was suspicious of any flat-rate agreement. “We might lose in the end.”

Bandre conceded the beginning of the arrangement could be hard to figure out. “The scheduling would be difficult until we get the city [portion] up to the quality of the county [portion]. The first year or so might be difficult until we get it up to snuff.”

Alderman Kliethermes then raised a subject previously broached by Westphalia Mayor Tammy Massman. “Prove to us it’s our road,” he said. “Please provide for us a contractual rate until we decide if the road is city property. There should have been a deed of trust switch hands. That never occurred.”

He emphasized the city won’t ask for any refund if their suspicions are validated; but ultimately the city still questions whether they actually own the road. “We will provide those funds until then, but that’s the ultimate goal.”

Contesting the responsibility of ownership, he offered the example of the main highway. “Just because US 63 runs right through town, we still don’t own it. The state maintains it,” he said.

Second District Commissioner Larry Kliethermes countered, “The state buys the right-of-way [for US 63]. Whereas, the county does not buy right-of-way. It only has an easement.”

“That information has never been provided to the city,” Alderman Kliethermes responded.

Commissioners urged the delegation to visit the Osage County Assessor’s office before leaving. The information they seek might be available there; but, “the county does not own its roads,” said Commissioner Kliethermes.

In terms of regular maintenance, the delegation asserted they would be happy any time county maintenance was taking place on CR 511 west of town, if the grader or mower, or whatever was working, would do the whole road down to US 63 instead of lifting the blade at the city limits.

Road & Bridge Foreman Ron Kempker assembled some estimates in preparation for the meeting. He said it would cost “roughly” $400 a year to grade the gravel, assuming about five passes a year. In terms of restoring the road to county standards: he thought it would take two different installations of eight loads of base rock, 16 total. That would be a lump sum of $2,355. He estimated snow removal to be $500 per year, assuming five snow events, or $100 per occurrence. With cinders added, it could come to $200. He gave a total number of $3,761.90 for the first year, adding, “We’re not in it for the profit.”

Commissioner Kliethermes asked if the city might want to do the snow removal itself; but Alderman Kliethermes responded, “Our truck isn’t really equipped.”

Blading a paved street can be quite different than snow removal from gravel. He added, “We understand we are not contracting for priority snow removal.”

Bandre mentioned economy would be better if the county operator plowed the whole stretch when there.

Kempker then looked at his school bus route snow-removal plan and had good news for Westphalia. CR 511 “is pretty close to top of priority,” he said.

Once again, when the blade drops, it should now stay down all the way to US 63. There are school bus stops on the county portion as well as the city stretch.

Alderman Kliethermes repeated it would be good to get rid of the “appearance of a plow coming down the hill, lifting the plow, turning around and going back up the hill without plowing.”

Bandre offered to put the agreement together on paper and “assuming we get board approval from Westphalia,” they would be happy with the numbers Kempker presented.

Alderman Kliethermes added, “We have the authority to agree. It’s already on the city books.”

Westphalia aldermen have already discussed the issue, and authorized this delegation to make an agreement.

Griffin warned of future inflation, but Bandre said, “Just show us what you paid and we’ll reimburse you.”

Commissioner Kliethermes offered it would be good to have the contract structured so the parties would “revisit it every year or two.”

Bandre thought that would be what he called an “industry standard.”

Both sides want a provision for repair in case a piece of heavy equipment does extra damage. Schmitz said, though, “You’re not going to tear that road up. It’s solid rock,” reminding the meeting why the delegation was there in the first place.

Once it’s restored, however, it should feel different to the road’s regular travelers.

Bandre then mentioned the time it takes a written agreement to turn around and get finished. With winter coming soon, he asked “Can we do just a gentlemen’s agreement for snow removal?” He estimated finalizing a contract to take 60 days and added the city does not “want to wait 60 days for snow removal.”

Commissioners understood and agreed.

First District Commissioner John Glavin returned to the issue of property ownership. “Why did you annex it?” he asked.

Bandre then asserted it is on the table with him and Osage County Attorney Amanda Grellner. “I’m working with Amanda to get that issue resolved,” he said.

Glavin concluded by saying, “The county roads are not surveyed. All there is is an easement.”

Commissioner Kliethermes agreed, adding, “Go look at your property deed.”

Griffin returned dialog to the issue of agreement for snow removal, saying, “I’m all for helping the people of Westphalia. They’re part of our county.”

He called the vote, and the issue passed 2-1, with Glavin casting the lone nay vote.

A formal review of the contract will take place when the contract is available.