Marshall County Commission Meeting Minutes – 7/15/19


The Board of Marshall County commissioners met in regular session with David E. Baier, Chairman, Keith Bramhall member, Barbara Kickhaefer member and County Clerk Sandra Wilson present. Paul Kessinger with the Advocate joined the meeting at 8:52 a.m.

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.

Vicki Gross of Marysville met with the Board to discuss a Trespass Notice that was issued in 2016 to Steven Tichenor and his companion. It was Vicki’s request that this Trespass Notice be rescinded to allow Mr. Tichenor and his companion to participate in the meals at the Sr. Center. Ms. Gross said she would vouch for Mr. Tichenor and has made it clear to him that any future outbursts will result in a future ban from visiting the center. The Board stated they would talk with the County Counselor Jason Brinegar to see what steps need to be taken to rescind this Notice.

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

Elizabeth Olson, Attorney, Hiawatha, KS
For Contract Attorney Fee (July 2019)
$2,000.00-District Court Fund-P.O. #5953

Public Works Coordinator Mike Craig & Public Works Coordination Supervisor Larry Polson met with the Board.

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

Mike’s OK Tire Inc, Marysville, KS
For 8 Ironman 11R22.5 16 ply truck tires
$2,421.44-Road & Bridge Fund-P.O. #108952

Nelson Power & Lights, Marysville, KS
For Material & labor for electrical work, Frankfort Shop
$9,100.00-Road & Bridge Fund-P.O. #108951

Summit Truck Group, Salina, KS
For Repl turbo kit & EGR cooler & adjust clutch #509
$10,346.41-Road & Bridge Fund-P.O. #108950

Ebert Construction Co, Inc., Wamego, KS
For Repair to Concrete Box B#11-K.9
$169,759.50-Special Rd & Bridge Fund-P.O. #108953

Public Works Coordinator Mike Craig reported that he would be needing to replace another motor grader before the end of this year. He said that the Waterville grader, operated by Colby Hearn is in the rotation to be replaced. He will start this process later on this year. There is a buy back on this machine of $124,500 so will need to do this before end of year.

Public Works Coordinator Mike Craig & the Board had further discussions on a solution for the Haug low water crossing in Lincoln township. They will continue to talk with the landowners along the West side of the low water crossing to see if they can come to an agreement on improving the road. The suggestion was made that the County would consider constructing a bridge if the township/landowners would made road improvements. No decisions have been made.

Public Works Coordinator Mike Craig reported that the onyx seal would be done on the Oketo Road starting today, then would move on to the next strip that has been dedicated for this year.

Mr. Craig gave an update status on the various bridge projects going on throughout the county.

The Board was presented 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.

Keith Bramhall moved, seconded by David E. Baier to Extend Resolution #20-19-05-20-1 Proclamation of a State of Local Disaster Emergency for Marshall County, Kansas for the week of July 15, 2019.

County Counselor Jason Brinegar met with the Board. He was asked his opinion on the previously mentioned Trespass Notice issued in 2016 to Mr. Steven Tichenor. He said as long as Agency on Aging Director Ashley Lyhane was in favor of lifting this ban, he would prepare a letter to Mr. Tichenor outlining that the Trespass Notice has been lifted but make it very clear that it would be reissued if there are any future outbursts wherein the staff or patrons of the facility feel threatened by his words or actions. This letter was drafted and sent out from Mr. Brinegar with a copy of said letter being forwarded to the Marshall County Sheriff’s office, the Marysville Police Department and Agency on Aging Director Ashley Lyhane.

County Counselor Jason Brinegar reported to the Board that a joint motion has been filed by Grain Belt Express Clean Line LLC. In summary, there is now action to move this forward. Mr. Brinegar said that the Board needs to be satisfied with the fact that they are doing whatever they can but it may not make a difference in the end. This is a big company and they have resources to get what they want.

County Counselor Jason Brinegar reported that a deed has been filed to deed over the road located by the Farmer’s Cooperative load out facility in Frankfort, Kansas. This road was developed by Farmer’s Cooperative and per agreement is being deeded over to the County for maintenance.

David E. Baier moved, seconded by Keith Bramhall to go into executive session at 9:38 a.m. for 5 minutes with County Counselor Jason Brinegar present for attorney-client privileged discussions with the county counselor in order to assure compliance with the laws and evaluate legal risks. Unanimous.

No action was taken resulting from this executive session.

County Counselor Jason Brinegar reported to the Board that at this time there are 12 parcels being considered for the upcoming tax sale. The tax sale information is required to be published in the newspaper for 3 consecutive weeks and then the sale will need to be held 7-14 days after 3rd publication. The publication dates have not been set yet.

David E. Baier moved, seconded by Keith Bramhall to go into executive session at 9:50 a.m. for 5 minutes with County Counselor Jason Brinegar present for nonelected personnel to assure compliance with policies and laws. Unanimous.

David E. Baier moved, seconded by Keith Bramhall to extend executive session at 9:55 a.m. for an additional 5 minutes with the same persons present for the same reason. Unanimous.

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

Agency on Aging Director Ashley Lyhane met with the Board to present the following floor bids to replace tile:

Jim’s Carpet & Supplies, Inc., Beatrice, NE – $50,122.30

John Koelzer – epoxy flooring – $39,996

Rainbow International – strip & wax main room, hallway, side room,
entryway & bathroom – $3,270.80

David E. Baier moved, seconded by Barbara Kickhaefer to accept the Rainbow International bid of $3,270.80 to strip & wax the floors at this time. Unanimous.

Agency on Aging Director Ashley Lyhane reported that she has updated her Transportation Brochures.

County Appraiser Francine Crome met with the Board to discuss the previous proposal from Kimble Mapping out of Manhattan to update the county parcel lines with the current photography. The Board asked Mrs. Crome to check with Kimble to see if they could offer better pricing if paid it all at one time instead of in 3 installments and also asked how often this would need to be updated. Kimble mapping offered a $5,000 discount if paid it all at once or would be willing to re-arrange the payment dates to January 2020, July 2020 and January 2021. Also Francine reported that as long as she continues to use the NAIP photography (which is a free service) then there would be no need to update the county parcels again. The Board advised Mrs. Crome that with the upcoming budget workshops, they would discuss making adjustments to her 2020 budget request to see if this could be accommodated.

Public Works Coordinator Mike Craig presented to the Board for their signature the Department of Agriculture Noxious Weed Annual Report and Noxious Weed Management Plan.

Keith Bramhall moved, seconded by David E. Baier to approve and sign the Noxious Weed Annual Report and Noxious Weed Management Plan. Unanimous.

Public Works Coordinator Mike Craig, Agency on Aging Director Ashley Lyhane, County Appraiser Francine Crome, Register of Deeds Martha Roesch, Emergency Management Director Bill Schwindamann, Jr., Extension Agent Anastasia Johnson, County Treasurer Jami Ellenbecker, County Attorney Meghan Voracek, Tami Stowell from County Health Department and County Clerk Sandy Wilson met with the Board for the quarterly department head meeting.

Public Works Coordinator Mike Craig reported that he continues to need rock for the county roads. They have been busy cleaning up limbs from last week storms and continuing to work ongoing projects. The fuel tank for the old generator is being removed today.

Tami Stowell from the Health Department said they are busy working on grant reports. They will begin outreach clinics in July & August for vaccinations.

County Attorney Meghan Voracek said now with the E-filing of documents, they are trying to figure out how to be more efficient with the filings.

County Extension Agent Anastasia Johnson reported they are gearing up for the Marshall County Fair. With the recent storm, things have been a bit challenging but they are getting things worked out. Commissioner Kickhaefer will be present Tuesday after the Fashion Review to accept the Cookie Jar. Ms. Johnson said their motto this year is “Be Flexible”.

County Appraiser Francine Crome said the heat and the rain has slowed their maintenance review down a bit. She said they are finishing up with Marysville township and they will be done with maintenance for this year, so will be busy data entering all the changes.

Register of Deeds Martha Roesch said nothing unusual just continue to record documents.

County Treasurer Jami Ellenbecker reported the the new employee Emmy Sedlacek is working out great. She is sitting with someone at all times learning the vehicle procedures. Jonna will be retiring at the end of October, Jami would like to have her replacement hired by October 1, so will start that process in a month or so.

The subject was brought up to see if the department heads would like to continue meeting quarterly with the commissioners only or if they want to continue monthly meetings downstairs and only meet with the commissioners quarterly. Jami said the department heads can just give her their opinion and we would see what everyone wants to do. Also discussed the previous procedure for having food occasionally throughout the courthouse. It was suggested that maybe we just have food quarterly at the same time as the quarterly department head meetings then the entire courthouse including the commissioners can participate.

County Treasurer Jami Ellenbecker also reminded everyone that Marshall County will be the host for the NE Kansas Officials Meeting in 2020 and it is not too soon to start making plans. She suggested maybe utilizing the High School then there would sufficient place for breakout sessions without having to find other locations. We would need to check with the school for scheduling options.

Agency on Aging Director Ashley Lyhane reported that her Meals On Wheels is going well and the numbers are increasing. Also, she has updated her Transportation Brochure and signed up to be in the Marshall County Fair Parade to help get the word out about the services we provide. Joni Spellmeier with RSVP had Americorp in town earlier this year helping with various projects. Ashley had them do some painting which saved her some money because all she had to do was pay for the paint and not the labor to paint. She encouraged anyone that has big projects next year to think about contacting Joni to see if they could be put on the schedule.

Emergency Management Director Bill Schwindamann Jr. said they have been busy helping at the fairgrounds this week since the storms rolled through and have been assisting with the clean up. The preliminary Mitigation Plan has been posted to the counties website for review. Since the 1st of March, Marshall County has been in a constant declaration of disaster due to the flooding. Mr. Schwindamann also reported that FEMA will be here on Wednesday, July 24 at 9:30 a.m. at the Helvering Center to meet with the entities seeking relief from the disasters.

County Clerk Sandy Wilson reported that her office is busy trying to get caught up. There is not a primary election in August so that gives them more time to get caught up.

Commissioner Kickhaefer did pass on information she received from the Historic Courthouse asking that the county employees be more mindful of parking in front of the Historic courthouse thus leaving adequate parking space for visitors to the courthouse.

The next department head meeting will be held during the County Commissioners meeting on Monday, October 21st at 10:30 a.m.

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

CDW Government
For 3 Microsoft 2019 Office licenses
$879.72-Treasurer’s General Fund-P.O. #6026

Marysville City Mayor Carla Grund met with the Board to bring to their attention the Local Consult Meetings that will be taking place in the near future concerning improvements to State Highways. It is her understanding that the Joint Legislative Task Force/Local Consult Meetings are for entities to put in for funding projects through 2025 and she wanted to make sure the County was not missing out on the opportunity to get necessary funding. There is a meeting in Salina on August 19th and Topeka on August 26th that she said she would be attending.

David E. Baier moved, seconded by Keith Bramhall to approve the appointment of Daniel Otto Berges as Vermillion Township Trustee to fill the vacancy of Richard Hull. Unanimous.

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

Diane Schroller with Central Office Service & Supply stopped in the meeting to leave the Board with a sales flier. She also briefly discussed the jail project. It was explained to her that the Jail project was being sent out for bids only, the Board has not made a commitment to go forward with the expansion yet.

Keith Bramhall moved, seconded by David E. Baier to adjourn the meeting at 12:38 p.m. Unanimous. The Board will have a Special Board Meeting on Friday, July 19, 2019 starting at 8:30 a.m. for Budget Workshop, followed by the regularly scheduled meeting on Monday, July 22, 2019 beginning at 8:30 a.m.

Derek Nester
Derek Nester
Derek Nester was born and raised in Blue Rapids and graduated from Valley Heights High School in 2000. He attended Cowley College in Arkansas City and Johnson County Community College in Overland Park studying Journalism & Media Communications. In 2002 Derek joined Taylor Communications, Inc. in Salina, Kansas working in digital media for 550 AM KFRM and 100.9 FM KCLY. Following that stop, he joined Dierking Communications, Inc. stations KNDY AM & FM as a board operator and fill-in sports play-by-play announcer. Starting in 2005 Derek joined the Kansas City Chiefs Radio Network as a Studio Coordinator at 101 The Fox in Kansas City, a role he would serve for 15 years culminating in the Super Bowl LIV Championship game broadcast. In 2021 he moved to Audacy, formerly known as Entercom Communications, Inc. and 106.5 The Wolf and 610 Sports Radio, the new flagship stations of the Kansas City Chiefs Radio Network, the largest radio network in the NFL. Through all of this, Derek continues to serve as the Digital Media Director for Sunflower State Radio, the digital and social media operations of Dierking Communications, Inc. and the 6 radio stations it owns and operates across Kansas.

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