Marshall County Commission Meeting Minutes – 4/15/19

The Board of Marshall County Commissioners met in regular session with David E. Baier, Chairman; Keith Bramhall and Barbara Kickhaefer members and Sandra Wilson Deputy County Clerk present.

The Board of Commissioners called the meeting to order at 8:30 a.m.

The Board opened the meeting with the flag salute.

Others present at the meeting were Jason Brinegar, County Counselor, Laura Johnson-McNish, County Attorney.

The minutes and agenda were approved upon a motion of David E. Baier, seconded by Keith Bramhall. Unanimous.

Paul Kessinger from Advocate arrived at 8:36 a.m. to observe the meeting.

County Attorney Laura Johnson-McNish addressed the Board to clarify that Mr. Kevin Hill, Hiawatha is under contract as Assistant County Attorney and gets paid respectively each month for those duties. County Attorney Laura Johnson-McNish also wanted to voice her concerns about the controversy regarding the invoice presented by Mr. Kevin Hill. Ms. McNish explained that this billing is for review of current cases in Marshall County and this occasionally will be part of the duties of this position. Commissioner David E. Baier voiced that the questioning of this bill was not the intent to accuse Mr. Hill of any wrong-doing, it was simply just asking questions to clarify the billing. Commissioner Baier wishes to extend his apologies to Mr. Hill for any ill feelings this may have caused. Also, Commissioner Baier asked if it was possible to create a line item in the budget labeled “conflict” to maybe allot money to this. County Attorney Laura Johnson-McNish said that it is really hard to estimate when/if there will be conflict that needs to be reviewed.

Public Works Administrator Mike Craig met with the Board. The demolition for the Frankfort Shop should begin this week. Public Works did some repair work to our bridge on the way to the Waterville quarry.

Barb Kickhaefer moved, seconded by Keith Bramhall to approve the removal of the diesel tank which was used for the old generator which is no longer in use in the amount of $4,400.00. The tank will be removed by Associated Environmental Inc. out of Manhattan, KS. Associated Environmental Inc. will follow KDHE standards for removal and this will need to be completed prior to July 1, 2019.

David E. Baier moved, seconded by Keith Bramhall to approve the following purchase orders. Unanimous.

H & R Construction, Axtell, KS
For 48×80 ft (Frankfort) shop bldg. w/office & bathroom (per specs)
$142,727.00-Rd & Bridge Fund-P.O. #109236

Dane’s Automotive, Waterville, KS
For 2 11R22.5 Truck Tires, MTD (#607W)
$932.46-Rd & Bridge Fund-P.O. #109237

Or-Al Quarries, Inc., Hanover, KS
Machine Hire & Material to Repair Bridge
(Backhoe 4 hrs, Loader 6 hrs, material $588.52)
$1,638.52-Rd & Bridge Fund-P.O. #109234

Hall Brothers, Inc, Marysville, KS
1 ½” overlay project pymt #2
Axt-Verm Blktop
$169,104.45-Sp. Rd & Bridge Fund-P.O. #109234

Hall Brothers, Inc, Marysville, KS
1 ½” overlay project pymt #3
Axt-Verm Blktop
$187857.84-Sp Rd & Bridge Fund-P.O. #109238

Public Works Administrator Mike Craig presented Resolution No 19-04-15-1 to adopt revision to and amending the provisions of the Marshall County Solid Waste Management Plan previously adopted by the governing body on the 4th day of April, 2018. Upon the annual review, there are no changes to the plan.

Keith Bramhall moved, seconded by Barb Kickhaefer to adopt Resolution No. 19-04-15-1 adopting revision to, and amending the provisions of, the Marshall County Solid Waste Management Plan as presented with no changes. Unanimous.

Public Works Administrator Mike Craig said that Dave Koch from Axtell would be digging at the bridge on Walnut Creek, new concrete deck will be poured but no other structural repairs need to be done.

Public Works Administrator Mike Craig said that Dave Beach with Schwab Eaton will be meeting with him on Tuesday, April 16, 2019 at 10:00 a.m. to look at the bridge North of Waterville to see what is necessary to move forward with repairs. Mr. Craig also reported that the bridge by Schell’s on 12th Rd is open. Additionally, the 5th Rd bridge will be open by the end of this weeks, the guardrails are going up today. He also stated they will continue to repair bridges in between projects as needed.

Public Works Administrator Mike Craig informed the Board that the DuBois and Pawnee City rock quarries have sold all current product to Lancaster Co, NE, so not hauling from there anymore. Hauling most rock now out of Gardner quarry. Onaga quarry will be the next option if get cut off from Gardner & might have the option to haul out of Barneston but prefer rock from other quarries first.

Keith Bramhall moved, seconded by Barb Kickhaefer to approve 1st quarter Employer’s Quarterly Federal Tax Return for Home Sewer District #1 in the amount of $141.52 made payable to United States Treasury to be paid out of the appropriate fund. Unanimous.

David E. Baier moved, seconded by Keith Bramhall to approve the following purchase order. Unanimous.

Steven A. Kraushaar, Attorney, Marysville, KS
For Contract Attorney Fees (March 2019)
$3,000.00-District Court Fund-P.O. #5873

Keith Bramhall moved, seconded by David E. Baier to approve the following purchase orders. Unanimous.

Huber & Assoc, Jefferson City, MO
Enterpol Interface Maintenance (Twilio)
$500.00-General Sheriff Fund-P.O. #5920

Elizabeth M. Olson, Attorney, Hiawatha, KS
Contract Attorney Fee (April 2019)
$2,000.00-District Court Fund-P.O. #5941

Huber & Assoc, Jefferson City, MO
Enterpol Maintenance (yearly)
$500.00-General Sheriff Fund-P.O. #5921

Service Brass & Aluminum Foundry, Wichita, KS
4 Doz variety Grave Markers
$1810.00-General Courthouse (commissioner) Fund-P.O. 5956

Mail Finance, Dallas, TX
February 2019 – May 2019 Lease for Postage machine
$1,161.78-General Courthouse-P.O. #5954

Marysville Advocate, Marysville, KS
Notice of Suit (tax sale)
$560.64-General (Co. Counselor) Fund-P.O. #5955

Kevin Hill, Hiawatha, KS
Asst Co. Attorney, case reviews
$7,100.00-General Other Contractual Fund-P.O. #5888

Davie E Baier moved, seconded by Keith Bramhall to go into executive session to discuss matters of attorney-client privileges at 9:33 a.m. for 15 minutes with County Counselor Jason Brinegar present. Unanimous. No action was taken as a result of the executive session.

Keith Bramhall moved, seconded by David E. Baier to approve Neighborhood Revitalization application for Open Range Supply, LLC, Marysville, KS with preconstruction pictures that were provided by applicant to be retroactive to application date of 09/16/2018. Unanimous.

Keith Bramhall moved, seconded by David E. Baier to approve Neighborhood Revitalization application for Grant & Katie Sandmann, Axtell, KS with preconstruction pictures that were provided by applicant to be retroactive to application date of 10/02/2018. Unanimous.

Keith Bramhall moved, seconded by David E. Baier to approve Neighborhood Revitalization application for Craig Spencer, Waterville, KS with preconstruction pictures that were provided by applicant to be retroactive to 10/15/18 but said NRP will NOT include the concrete that was there previous to the application. Unanimous.

Board and County Counselor were presented with an Open Records Request from the Marysville Advocate for the Financial Statements and list of purchases from the two credit cards canceled during the Marshall County Commissioner’s Meeting on April 8, 2019. The Board directed Mr. Brinegar to contact the KBI to see if there was any reason these documents could not be released.

David E. Baier moved, seconded by Keith Bramhall to go into executive session for security measures so that the county’s security measures are protected and not jeopardized at 10:09 a.m. for 5 minutes with County Counselor Jason Brinegar present & Tyler Boxberger with Reese and Novelly via phone. Unanimous.

Barb Kickhaefer moved, seconded by David E. Baier to direct Tyler Boxberger with Reese & Novelly to cooperate with the KBI investigation and provide copies of work papers upon their request. Unanimous.

Keith Bramhall moved, seconded by Barb Kickhaefer to approve the Open Records Request previously presented to them by the Marysville Advocate. Unanimous. This action was taken after County Counselor Jason Brinegar confirmed with the KBI that by releasing this information it would in no way jeopardize their investigation.

Robert Connell joined the meeting in observation at 10:20 am.

Keith Bramhall moved, seconded by David E. Baier to approve the Neighborhood Revitalization application for Jason Strathman, Baileyville, KS with the preconstruction pictures that were provided by the applicant. Unanimous.

County Attorney Laura Johnson-McNish, County Treasurer Jami Ellenbecker, County Counselor Jason Brinegar and the Board were present to discuss Credit Card Reorganization & a new form that was drafted by County Attorney Laura Johnson-McNish to be attached by each department when they turn their credit card bill in along with ALL receipts for any purchases on the billing.

Keith Bramhall moved, seconded by Barb Kickhaefer to approve the Credit Card form, drafted by County Attorney Laura Johnson-McNish to be implemented by all departments submitting credit card bills for payment starting immediately. Unanimous. The Clerk’s office will make sure that all departments receive the new form.

DEPARTMENT HEAD MEETING – 10:45 a.m.

County Treasurer Jami Ellenbecker, County Attorney Laura Johnson-McNish, K-State Research & Extension Agent Susie Latta, Agency on Aging Director Ashley Lyhane, Register of Deeds Martha Roesch, Tami Stowell from Health Department, County Sheriff Dan Hargrave, Emergency Preparedness Coordinator Bill Schwindamann Jr., County Appraiser Francine Crome, Deputy County Clerk Sandra Wilson, Board of County Commissioners and Chad & Craig from Network Computer Solutions out of Manhattan, KS were present for the meeting. NCS is present as a source of education for IT security and here if need any advice.

County Treasurer Jami Ellenbecker started by letting everyone know Lori Odom will retire from her office & last day will be July 1, Jami hoping to have her new hire in place by that same time.

K-State Research & Extension Agent Susie Latta said she is finishing up with taxes & is always busy with Medicare Open Enrollment. She personally did 148 tax returns & with the help of her volunteers they did approximately 400 tax returns this year. Office is already busy working on Marshall County Fair which will be in July. Agent Anastasia Johnson just recently completed Quality Beef Days this past weekend here in Marysville, will be hosting Conservation Day at Irving coming up soon.

Agency on Aging Coordinator Ashley Lyhane said she is preparing for the KDOT audit which will be May 1st. Meals on Wheels which was implemented in February is coming along nicely and serves 35-38 meals/day. She said she is still learning about her budget.

County Attorney Laura Johnson-McNish said they have a couple of trials coming up in May, staying very busy. Cindy Ingersol will be retiring effective May 1, 2019. They are planning a reception with the help of the Register of Deeds office on April 30th to celebrate Cindy’s retirement. In light of recent events, they are working with the KBI. She will share information from Attorney General & KBI as it becomes available. She wanted to thank the Board of County Commissioners for all the good proactive steps that are being taken to insure the safety & security of the County policy & procedures.

Register of Deeds Martha Roesch said staying busy recording transfers, busy scanning old school records. For every page of a document that is filed in the Register of Deeds office, $1/page goes to Heritage Trust, $2/per page goes to the Register of Deeds technology fund and $.50/page goes Clerk’s Technology fund & Treasurer’s technology fund respectively. If the Register of Deeds fund gets to be greater than $40K then the excess can be shared with other departments. Likewise, if the Treasurer’s & Clerk’s tech funds are greater than $20K then that can also be utilized by other departments.

Tami Stowell, Health Department, said they are busy doing satellite clinics basically to administer vaccines to comply with the new school regulations. They will be participating in the Early Childhood & Safety Fair on April 27th & Take It Back Day. Tami & Cheryl recently attended a Maternal Child Health Conference and one of the breakout sessions was on Sex Trafficking and the fact that it is quickly becoming a health crisis. They are in the process of coordinating with the local schools to bring in the speaker from the conference to present to a centralized location, probably in September for all area students that is called Stop Trafficking Project.

County Sheriff Dan Hargrave said final numbers are starting to come in for the jail project. Also they are trying to stay visible in all the schools on a daily basis. The jail is housing 8 inmates at the current time.

Emergency Preparedness Director Bill Schwindamann Jr. reported on the current flooding situation throughout the county. It is expected to keep rising for the next few days & will continue with lowland flooding. They will be conducting 3 or 4 exercises coming up. Friday will be an exercise with the Wind Farms, in June will be exercise at Georgia-Pacific & in August will be exercise in Frankfort. Emergency Operations Plan will be updated in August.

County Appraiser Francine Crome reported that property valuation notices were mailed out on March 1, all hearings were completed by April 1. Upcoming will be personal property valuation notices that will be mailed by May 1. Also getting started on the required maintenance review throughout the county which consists of 1/6 of the county.

Network Computer Solutions encouraged the commissioners to consider doing an IT audit to take a look at the security of the entire courthouse computer system. They feel it is best to do a comprehensive approach to IT & have all the offices in the courthouse under the same service.

The next Department Head Meeting will be July 15, 2019 at 10:30 a.m. during the regularly scheduled Board of County Commissioners meeting.

County Treasurer Jami Ellenbecker met with the Board to give them a copy of her quarterly investment report. She said the banks have been doing really good at offering competitive interest rates. She said that she will more than likely be using the Kansas Investment Pool for some short-term CDs in the near future. Current cash & CDs available is $16,116,589.30.

County Treasurer Jami Ellenbecker and County Sheriff Dan Hargrave met with the Board to discuss Sheriff’s Reserve fund & to try to clarify what funds & when funds are being deposited into this account. This account previous to 2013 was called Sheriff’s Capital Outlay account. The Sheriff’s office also has 2 separate checking accounts they work out of, one is the Inmate account and one in the VIN inspection account. County Treasurer Jami Ellenbecker, according to the auditor, is also supposed to be monitoring these accounts as she is in charge of all accounts receivable. The main reason for County Treasurer Jami Ellenbecker & County Sheriff Dan Hargrave to meet with the Board is to get directive on which fund to be depositing Work Release dollars to. Sheriff Hargrave said that they receive $20/day for work release and previously these dollars were added into the Sheriff’s Reserve account. It is the consensus of the Board to create a line item under Sheriff’s Reserve titled Work Release & deposit any future dollars into this account, therefore, keeping the work release dollars separate.

David E. Baier moved, seconded by Keith Bramhall to do the Reorganization of the UMB credit card to authorize Sandra K Wilson as recordkeeper and Jami Ellenbecker as an additional contact person. Unanimous.

County Treasurer Jami Ellenbecker informed the Board that she is the only other department who was still using the Prosperity Credit Card. She said she would be canceling that card.

Board and County Treasurer Jami Ellenbecker & Sheriff Hargrave briefly discussed costs of meals reimbursement which is currently $6/breakfast; $9/lunch; $15/supper. Board feels the limits set need to be looked at and make adjustments accordingly. This will be a future discussion.

The Board was presented with another extension for Resolution #18-03-18-1 and Proclamation of a State of Local Disaster Emergency for ongoing flooding.

Barb Kickhaefer moved, seconded by Keith Bramhall to approve extension for the week of April 15, 2019 for above referenced Resolution. Unanimous.

David E. Baier moved, seconded by Keith Bramhall to go into executive session for 10 minutes at 12:47 p.m. to discuss confidential data relating to financial affairs or trade secrets of corporations, partnerships, trusts and individual proprietorships in order to gather information with County Counselor Jason Brinegar and County Sheriff Dan Hargrave present. Unanimous. David E. Baier moved, seconded by Keith Bramhall to extend executive session for 5 minutes at 12:57 p.m. for the same reasons with the same persons present. Unanimous. No action was taken as a result of this executive session.
Board asked County Sheriff Dan Hargrave to invite the Architect, Treanor HL to come to the regularly scheduled meeting in 2 weeks to meet with the commissioners and present details on the jail project.

David E. Baier moved, seconded by Keith Bramhall to approve the following purchase order. Commissioner Kickhaefer opposed, stating she was just not comfortable approving until can review the original contract. Motion carried.

Treanor HL, Lawrence, KS
For Professional Services jail & administration
$45,036.03-General Courthouse Fund-P.O. #5919

David E. Baier directed Deputy County Clerk Sandra Wilson to draft a memorandum to all department heads regarding credit card purchases. The Board will encourage limiting usage of credit cards to necessary charges only and try to implement invoicing and direct billing as much as possible.

David E. Baier moved, seconded by Keith Bramhall to approve vouchers as presented and issue manual warrants from the respective funds. Unanimous.

Reminder that the courthouse will be closed on Friday, April 19, 2019 in observance of Good Friday.

David E. Baier moved, seconded by Barb Kickhaefer to adjourn the meeting at 2:04 p.m. Unanimous. The next scheduled meeting will be Monday, April 22, 2019 starting at 8:30 a.m.