Marshall County Commission Meeting Minutes – 6/24/19

The Board of Marshall County Commissioners met in regular session with David E. Baier, Chariman, Keith Bramhall member, Barbara Kickhaefer member and Deputy County Clerk Sandra Wilson present. Paul Kessinger from the Advocate, Steve Boyda, Ken Kickhaefer, Maggie Kickhaefer, Wayne Kruse, Deb Sells, Deb Landoll, Mandy Keller, Gayle Landoll, John McNish all of Marysville were all present to observe the meeting.

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

The Board opened the meeting with the flag salute.

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

County Attorney Laura Johnson-McNish presented the Board with a letter and a packet of information regarding the 2018 and 2019 Budgets. The letter acknowledges the resignation letter of Sonya Stohs that was received from her attorney last week, therefore, there is no need to proceed with the ouster process. In County Attorney Laura Johnson-McNish’s letter to the County Commissioners she states “The 2018 and 2019 Marshall County budgets do not follow the rules. These budgets contain significant increases that appear both false and misleading”. Increases were noted in Debt Services and Special Projects but upon review of the budget, the supporting documents for these increases are absent from the complete budget filed with the State and there is no Special Projects mentioned in the Board minutes during the preparation of the 2018 or 2019 budgets to justify these levies. McNish also pointed out that the accumulated excess cash in the budget has been a regular topic with the Board of County Commissioners in 2018 and whether tax money was being collected for a new jail. McNish referenced an e-mail dated 9/12/18 written by Sonya Stohs to a CPA to review the budget, complaining of the presentation made to the Board of County Commissioners on 9/10/18 by Ken & Barb Kickhaefer pointing out there was excess cash and overstated expenditures in the 2019 budget, and the pattern of this practice. McNish referenced several newspaper articles where inquiries had been made to the Board of County Commissioners whether a jail was being built, to which the response was the Board of County Commissioners was looking into the possibility. The September 2018 e-mail composed by Stohs instructs the CPA to keep in mind she was trying to help fund a jail. This demonstrates a lack of integrity and a great deal of secrecy. County Attorney Laura Johnson-McNish feels that the patrons of Marshall County deserve better than this.

The Board discussed the upcoming audit in July and feel that the audit report should be conducted at an open commissioner meeting to show the public that transparency is important to the County.

Public Works Coordinator Mike Craig & Public Works Coordinating Supervisor Larry Polson met with the Board. Mr. Craig presented 2020 Budget requests. Road & Bridge request is an $89K increase, Solid Waste is a $50K increase, Noxious Weed No Change, Household Waste/Recycling No Change, Janitor decrease of $4400. Public Works Coordinating Supervisor Larry Polson reported that with the weekend rain there are a couple of road closings in Guittard Township. A 24’ wood bridge floated away on 21st road and a tube washed out on the old Fitzgerald rock quarry road. Public Works Coordinator Mike Craig reported that the concrete at the Frankfort shop is complete and the hope is to have the building up by Friday.

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

Norfolk Contracting, Inc, Norfolk, NE
For Erecting Steel Beam Bridge #4-DD.4 (S. of 5th & Dogwood Ln)
$40,700.00-Sp. Road & Bridge Fund-P.O. #108935

Husker Steel, Columbus, NE
For Structural Steel for 80’ Bridge B#9.9-U (E. of 77 on Tumbleweed)
$197,410.00-Sp. Road & Bridge Fund-P.O. #108936
Marysville Ready Mix Co, Inc., Marysville, KS
For 4000 Concrete & delivery trips
$4,239.20-Sp. Road & Bridge Fund-P.O. #108937

County Counselor Jason Brinegar met with the Board. He presented two options to the Board regarding the upcoming Sales Tax Ballot Question. After much discussion, David E. Baier moved, seconded by Keith Bramhall to approve the following Sales Tax question for the November General Election. Unanimous.

Shall a retailers’ sales tax in the amount of one half of one percent (0.50%) be levied in Marshall County, Kansas, the proceeds of which will be to support the provision of health care services by Community Memorial Healthcare, Inc. The collection of such sales tax shall commence January 1, 2020 and terminate upon the first to occur of the following: (A) five (5) years have elapsed since the implementation of the tax, (B) Community Memorial Healthcare, Inc. has merged with or been purchased by another entity, all pursuant to K.S.A. 12-187 et. Seq.

Register of Deeds Martha Roesch presented the Board with her 2020 Budget request. There was no increase requested.

Clerk of the District Court Nancy Koch presented the Board with her 2020 Budget request. The budget includes an increase of $26,363.10. Most of this increase is due to increased cost of contractual services.

Ellen Barber with Marshall County Partnership for Growth met with the Board to present them with a summary of what the surrounding counties and communities are budgeting for Economic Development in the area. Mrs. Barber is accompanied today with Nick Stoll, Evangeline Armstrong, Davanie Nietfeld, Jeff Bartels and Sarah Kessinger. Previously Marshall County Partnership for Growth asked for a budget increase to the amount of $25,000. After providing the Board with additional information, they are asking that the Board consider an increase in the budget appropriation to possibly an average of the areas which would be in the amount of $96,000. Mrs. Barber also reported that the Tax Credit Application for the Summerfield project has been submitted. She said she was able to get $300,000 in countywide pledges to assist with this project. They will also be turning in the loan documents to the Federal Home Loan Affordability Program this coming week. MCP4G should also hear back next week in regards to the grant that was applied for regarding the Blue Rapids Grocery Store.

Sheriff Dan Hargrave met with the Board to present his 2020 Budget request. The budget request was a total of $1,743,280 which is $88,500 decrease from previous year.

County Attorney Laura Johnson-McNish stopped back in the meeting to remind the Board that a new County Attorney would be appointed Tuesday, June 25, 2019 and that notification needs to be submitted to the Secretary of States office either in person or with overnight mail delivery. This is the responsibility of the Republican Party Chairperson.

Agency on Aging Director Ashley Lyhane met with the Board. Mrs. Lyhane requested to go into executive session with the Board, herself and Deputy County Clerk Sandra Wilson present for matters of non-elected personnel.

David E. Baier moved, seconded by Keith Bramhall to go into executive session for 5 minutes at 11:35 a.m. for matters of non-elected personnel with the Board, Agency on Aging Director Ashley Lyhane and Deputy County Clerk Sandra Wilson present. Unanimous.

Agency on Aging Director Ashley Lyhane gave notice to the Board that one of her part-time drivers Sandy Wesley will be retiring at the end of October, 2019. It was the recommendation of Agency on Aging Director Ashley Lyhane to make Stephen Gaydusek fulltime as of November 1 to absorb this part-time position. As a fulltime employee Mr. Gaydusek will be eligible for KPERS, life insurance and health insurance. At this point, he will be waiving the health insurance coverage.

David E. Baier moved, seconded by Barbara Kickhaefer to allow Agency on Aging Director Ashley Lyhane to offer Stephen Gaydusek fulltime position as a utility employee (floating) as of November 1, 2019 at the same rate of pay. Unanimous.

Agency on Aging Director Ashley Lyhane did tell the Board that she sold the 2002 Ford van on PurpleWave for $1600.00.

Agency on Aging Director Ashley Lyhane presented the Board with her 2020 Budget requests. Aging KDOT budget request is $122,989 which is an increase of $7,789. Agency on Aging Budget request is $272,820 which is an increase of $48,956 plus $180,000 County Grant match dollars to Title IIIC of $180,000 for a total amount for Agency on Aging of $452,820.00. Title IIIC budget request is $267,295 which is a decrease of $8,005.00 mostly due to the fact that Title IIIC has been paying bills that can be absorbed through Agency on Aging.

RSVP Director Joni Spellmeier met with the board to submit her 2020 Budget appropriations request. For the past 15 years she has requested $15,000, she is asking for an increase of $5,000 this year for a total of $20,000.

Marysville Mayor Carla Grund along with Marysville residents Jerry & Roberta Temeyer, David Zutterman & Lynn Runnebaum met with the Board regarding 11th Road, 12th Road and Keystone Road which are all perimeter roads to the City of Marysville. Landowners were annexed into the City previously along these roads but the roads were not included in that annexation process and remained the responsibility of Marysville Township. The residents along these roads are concerned with the heavy traffic of not only local vehicles but farm equipment and Landoll heavy equipment. Mayor Grund was asking the commissioners to hold a regularly scheduled or special Board meeting in the evening to allow for other citizens who work during the day to present their concerns. The Board does not think anything can be accomplished by doing this, as the fact still remains that the road is the responsibility of the Township and not the County. If the Board chooses to contribute to the repairs to these roads then they would feel some responsibility to assist all Townships with their roads. Commissioner Bramhall said that he is not opposed to spreading the Surface Transportation Program dollars amongst the cities in the County, however, there needs to be a clear defining way to distribute these funds. The Fall of 2018 and so far in 2019 have not been good for our county infrastructures. With the recent and ongoing flooding, there is no way to know at this time what we are even looking at for maintaining the County roads. Mayor Grund is asking that the Board consider dedicating some of the Surface Transportation Program dollars to the improvements to these roads. Commissioner Kickhaefer said she feels it is important right now to get a handle on our budget and figure out what is happening with the potential upcoming jail project before we can consider allotting our funds elsewhere.

County Treasurer Jami Ellenbecker met with the Board to present her 2020 Budget request. The Treasurer budget request is $149,780 which is a decrease of $12,400.00 due to the adjustments made following 3 retirements in her office.

County Treasurer Jami Ellenbecker also asked approval from the Board to give half of the counties portion of the Federal Land Management dollars to the entities who were affected by the original Tuttle Creek project.

Keith Bramhall moved, seconded by David E. Baier to allow County Treasurer Jami Ellenbecker to distribute half of the counties portion of the Federal Land Management payment in lieu of taxes to the respective entities. Unanimous.

Emergency Management Director Bill Schwindamann, Jr. met with the Board to present his 2020 Budget request. His budget request is $105,340.00 which is a decrease of $1,527 from the previous year.

Emergency Management Director Bill Schwindamann, Jr. presented the Board with an Extension to Resolution #20-19-05-20-1 from the May 20, 2019 Proclamation of a State of Local Disaster Emergency in Marshall County, Kansas.

David E. Baier moved, seconded by Barbara Kickhaefer to Extend Resolution #20-19-05-20-1 Proclamation of a State of Local Disaster Emergency for Marshall County, Kansas for the week of June 24, 2019. Unanimous.

Emergency Management Director Bill Schwindamann, Jr. brought to the Board the following 3 bids for lights and sirens on his new truck:

KA-COMM, Inc., Manhattan, KS $4,730.22
Midwest Mobile, St. Joseph, MO $4,800.00
Haug Communications, Seneca, KS $4,582.79

David E. Baier moved, seconded by Keith Bramhall to accept the low bid from Haug Communications of Seneca, KS with the low bid of $4,582.79. Unanimous.

County Appraiser Francine Crome requested the Board go into executive session for 5 minutes for the reason of non-elected personnel.

David E. Baier moved, seconded by Barbara Kickhaefer to go into executive session for 5 minutes at 1:37 p.m. with County Appraiser Francine Crome to discuss non-elected personnel. Unanimous.

No action was taken as a result of this executive session.

County Appraiser Francine Crome presented her 2020 Budget request to the Board. This budget request is in the amount of $221,690 which is an increase of $11,700.00.

The Board revisited a Card Services bill that was approved the previous week for the Sheriff’s department. There was a charge on this bill that was for a retirement gift. It is the Board’s opinion that these types of purchases should not be coming out of County budgets.

David E. Baier moved, seconded by Keith Bramhall to pay the Card Services bill as presented but that the Sheriff’s office will reimburse the budget via a personal check or cash. Unanimous.

Keith Bramhall moved, seconded by Barbara Kickhaefer to approve the following purchase orders. Unanimous.

City of Blue Rapids, Blue Rapids, KS
For video equipment
$4,000.00-Special Co Attorney Training & Equipment Fund-P.O. #5995

City of Frankfort, Frankfort, KS
For video equipment
$3,000.00-Special Co Attorney Training & Equipment Fund-P.O. #5994

Sheepdog Seminars, Hurst, TX
For active shooter seminars Oct 22 & 23, 2019
$5,500.00-Special Co Attorney Training & Equipment Fund-P.O. #5993

Haug Communications, Seneca, KS
For radios and equipment for new truck
$4,582.79-Emerg Management Repairs & Maintenance Vehicle Fund-P.O. #5997

GlaxoSmithKline, Atlanta, GA
For Shingles Vaccine
$1,413.20-Health Department Fund-P.O. #5896

The Board gave directive to cancel the Verizon phone bill for the phone in possession of former County Clerk Sonya Stohs. Also, asked that County Counselor Jason Brinegar send a letter to counsel for Sonya Stohs to ask that the phone and Ipad be returned to the county.

Keith Bramhall moved, seconded by David E. Baier to approve payroll as presented. Unanimous.

The Board discussed contacting Scott Lloyd from McPherson, KS or Dennis Miller from Phillipsburg, KS to see if they would consider helping the County prepare our 2020 Budget. Commissioner Kickhaefer was going to make some contacts and see what the cost would be to engage their help.

David E. Baier moved, seconded by Keith Bramhall to adjourn the meeting at 2:13 p.m. Unanimous. The next scheduled meeting will be Monday, July 1, 2019 at 8:30 a.m.