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Monday, August 10, 2020

Marshall County Commission Meeting Minutes – 6/8/2020

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Derek Nester
Derek Nester was born and raised in Blue Rapids, and graduated from Valley Heights High School in May of 2000. He attended Cowley College in Arkansas City and Johnson County Community College in Overland Park studying Journalism & Media Communications.After stops at KFRM and KCLY radio in Clay Center, he joined KNDY in 2002 as a board operator and play by play announcer. Derek is now responsible for the digital content of Dierking Communications, Inc. six radio stations.In 2005 Derek joined the staff of KCFX radio in Kansas City as a production coordinator for the Kansas City Chiefs Radio Network, which airs on over 94 radio stations across 12 Midwest states and growing. In 2018 he became the Studio Coordinator at the Cumulus Kansas City broadcast center for Kansas City Chiefs Football.

The Board of Marshall County Commissioners met in regular session with Barbara Kickhaefer, chairman, Keith Bramhall member, Tom Holle member and County Clerk Sandra Wilson present. Gayla Randel and Carol Hull of Frankfort, KS were present for the meeting. Paul Kessinger with the Advocate arrived at the meeting at 9:13 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.

Tom Holle moved, seconded by Keith Bramhall to approve the minutes of the 06/01/2020 regular meeting and approve the agenda for today’s meeting. Unanimous.

Commissioner Kickhaefer asked Mrs. Randel and Mrs. Hull if they had something for the Board or if they were just there to observe.

Mrs. Randel asked the Board if a landowner has already signed a lease with NextEra if it is possible to back out of that lease. The Board responded that question is between the landowner and NextEra and the Board has no control over that. Commissioner Bramhall stated that the Board’s job is to insure that set backs are appropriate and entering into a Road Use Agreement for the integrity and maintenance of county and township roads. Mrs. Hull stated that her and her neighbors do not want the route to go past their homes on Wildcat Rd. Mrs. Randel operates a business from her home and needs uninterrupted internet and feels the turbines could affect that. She feels that non-participating landowners should have a voice.

Public Works Administrator Mike Craig met with the Board.

Keith Bramhall moved, seconded by Tom Holle to approve the following purchase orders. Unanimous.

KDOT, Topeka, KS
For Ms Co share of non participating final exp project 58C-4809-01
$4,210.22-Road & Bridge Fund-P.O. #109080

Dane’s Automotive, Waterville, KS
For 4 Dynatrac RA200 tire 11R24.5
$1,224.48-Road & Bridge Fund-P.O. #109082

Bramhall Dozer Service, Inc., Vermillion, KS
For Machine Hire
$2,300.00-Road & Bridge Fund-P.O. #109083

John Deere Financial, Dallas, TX
For 2020 Troybilt 30” riding mower
$1,299.99-County General Fund-P.O. #109085

Kruse Dozer Service, LLC, Frankfort, KS
For Contract to construct Const/Demo Cell 2-Phase 1
$146,604.00-Solid Waste Fund-P.O. #109086

Schwab-Easton PA, Manhattan, KS
For Design Engrg B#2.8-U-8 (RS 60)
$10,190.00-Road & Bridge Fund-P.O. #109087

Seneca Ready Mix Inc, Seneca, KS
For concrete w/delivery B#27.5-U & B#27.25-DD.0
$2,597.00-Road & Bridge Fund-P.O. #109088

Public Works Administrator Mike Craig reported that the tubes have been delivered and they will start putting them in next week.

Public Works Administrator Mike Craig stated that the previously discussed 8’ tube that was washed out in Murray township on 27th Rd between Sections 8 & 9 would probably benefit from replacing that structure with a 24’ bridge. The washout has been an ongoing issue and a bridge would be a more economical fix.

Commissioner Bramhall said that MCM out of Manhattan has at least 4 T800 trucks on trade in. These trucks would be a heavier duty truck and would be more suited for the work load of the Road & Bridge department.

Public Works Administrator Mike Craig will be working on next years budget and will assess the amount of money being spent on repairs. In the future, the County might look into some type of Lease plan on a rotation basis for the departments trucks.

Public Works Administrator Mike Craig said he will also be making a list of surplus trucks/equipment to be put up for auction.

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

Lindeen/Rosebaugh DBA Ott Electric, Marysville, KS
New GE dishwasher & install
$1,023.95-County General (Sheriff) Fund-P.O. #6236

Superior Emergency Response Vehicle
For 2020 Durango Pursuit vehicle
$41,026.49-Sheriff’s Reserve Fund-P.O. #6235

Concordance Healthcare
For 9 cases syringes & needles
$1,784.16-Health Dept. Fund-P.O. #6164

Steven A Kraushaar, Marysville, KS
For Contract Attorney Fee (May 2020)
$3,000.00-District Court Fund-P.O. #6217

County Counselor Jason Brinegar met with the Board. Special Counsel James Neeld phoned into the meeting. Mr. Neeld gave a basic update regarding project foot print, boundaries and payment in lieu of taxes (PILOT). Mr. Neeld remained on speaker phone.

Mr. Kenny Blair with Cook Platte engineering firm met with the Board. Mr. Blair is actively involved on the ground with the Nemaha County windfarm project. He said that his firm has 100 engineers and felt it was very important to have several employees in the field during construction to supervise. Their firm is well versed in wind turbine services as well as decommissioning studies and could perform both elements flawlessly. The haul route would be reviewed initially and video documentation of the entire route will be taken to insure that the integrity of all roads are maintained. Mr. Blair feels that it is important to “hold their feet to the fire” to make sure they are following all the specs of the project including but not limited to the Road Use Agreement, the set back regulations and the haul route. The County, at the advice of the engineers on the ground, have the ability to shut down the project at any time if they feel the rules are not being followed. The engineering firm would be working for Marshall County to protect our interests.

Keith Bramhall moved, seconded by Tom Holle to go into executive session for 20 minutes at 10:03 a.m. to engage in attorney-client privileged discussion with the Board, County Counselor Jason Brinegar and Special Counsel James Neeld. Unanimous. No action taken as a result of this executive session.

Mr. Scott Komarek with engineering firm Bartlett West met with the Board. Mr. Komarek brings to the table experience with pipeline construction. Mr. Komarek said that typically the decommissioning is between the landowner and NextEra. When asked if Mr. Komarek would plan on having a team onsite throughout the project, he said typically in these type of constructions, they do periodic inspections. He said their firm has about 300 employees.

Craig Kilbourn with Network Computer Solutions, Tami Stowell and Mary Weeks with the Health Dept. and Garrison Stowell, IT consultant for the Health Dept. met with the Board to discuss the new server for the Health Dept. The Health Dept. feels that the server quote that was received from NCS was the same size as the one they are replacing and felt that they needed a bigger one to run all their programs. The Health Dept. has all Dell Computers and wishes to purchase a Dell Server. Mr. Kilbourn feels that the ML110 server that was quoted (& approved by the Board previously) is more than sufficient to accommodate the Health Depts needs. He said the server is a newer model and has improved technology. The Board instructed NCS to move forward with the previously approved HP ML110 server. The server will be password protected and the Health Dept. will have access to that password.

Tom Holle moved, seconded by Barbara Kickhaefer to go into executive session for 20 minutes at 11:31 a.m. to engage in attorney-client privileged discussions with the Board, County Counselor Jason Brinegar and Special Counsel James Neeld. Unanimous. No action was taken as a result of this executive session.

Mr. Ed Henry with Twin Valley Developmental Services met with the Board to introduce them to Mike Peschel who has been training to replace Mr. Henry upon his retirement. Mr. Peschel will be commuting to Greenleaf from Manhattan. He has prior experience working as a contractor for foster care, DCF eligibility and Long Term Care facilities.
Keith Bramhall moved, seconded by Barbara Kickhaefer to recess the meeting at 12:05 p.m. for lunch and to reconvene the meeting at 1:00 p.m. Unanimous.

Keith Bramhall moved, seconded by Tom Holle to reconvene the meeting at 1:00 p.m.

The Oath of Office for Sheriff Timothy D. Ackerman was given by County Clerk Sandra Wilson. Those present to witness the oath were Todd Ackerman, Matt Simpson, Amy Ackerman, Frank Ackerman, Danny Ackerman, Dean Thomas, Bill Schwindamann, Jr. and Paul Kessinger.

Keith Bramhall moved, seconded by Barbara Kickhaefer to approve the appointment of Mike Vermetten as Undersheriff at the rate of $24.65/hour. Unanimous.

Barbara Kickhaefer moved, seconded by Keith Bramhall to go into executive session for 10 minutes at 1:10 p.m. to discussed non-elected personnel with the Board and Sheriff Timothy Ackerman. Unanimous.

Barbara Kickhaefer moved, seconded by Keith Bramhall to transfer Sheriff Timothy Ackerman’s excess sick leave (after his 10% payout) to a pool for a Sheriff’s deputy for a major medical procedure. Unanimous.

Commissioner Bramhall stated that he had talked with Jeff Lane from Treanor HL regarding the proposed jail project. The Board will be discussing the proposed jail project in the near future. Budget work for the 2021 year is beginning and the 2019 audit is being performed. These are 2 crucial components in whether to move forward with the project or not.

Agency on Aging Director Ashley Lyhane met with the Board to discuss reopening of the dining room. Mrs. Lyhane reported the State is not giving her much guidance. The Brown County Agency on Aging will remain locked through July 6. Mrs. Lyhane would like to try resuming dine in services on June 15th and have the building open only from 11:30 a.m. to 1:30 p.m. They will continue to provide the carry out meals. Agency on Aging Director Ashley Lyhane was asking for guidance on outside activity allowance at the Agency. Mrs. Lyhane feels and the Board agrees that no auctions at this time. AA meetings may resume. Out of town transportation for medical appointments only will start on June 15th.

Keith Bramhall moved, seconded by Barbara Kickhaefer to approve a step increase for Danielle Salcedo at the recommendation of County Clerk Sandra Wilson from Clerk II Step II at $17.06/hr to Clerk III at $17.35/hr. effective June 1, 2020. Unanimous.

Keith Bramhall moved, seconded by Barbara Kickhaefer to approve the following Home Sewer bills to be paid out of the appropriate funds. Unanimous.

Evergy – $134.46 (2 lift stations)
Dustin Tormondson, wages – $184.70
Linda Weber – wages – $161.61

Marshall County Partnership for Growth Director Ellen Barber met with the Board to further discuss the CDBG-CV grant that was received in the amount of $132,000. Paperwork was presented for signatures. The application process is available on the Marshall County Partnership for Growth website. MCP4G will process the applications for eligibility and then the County will distribute the funds at their discretion. The funds need to be distributed within one year of receipt. The County Clerk’s office will have the official documents available and will keep track of all transactions for the grant dollars.

Frank Shoemaker joined the meeting to present the Board with a proposed application for the revolving loan program that was discussed at the previous meeting. The Board agreed to give the revolving loan program $25,000 out of the economic development appropriation to fund the start up of the program. Mr. Shoemaker is still working on a Promissory note and a Personal Guarantee document to go along with the application and will forward those to the Board once available.

Keith Bramhall moved, seconded by Tom Holle to approve and sign the agreement between Marshall County and L&M Construction for the abutment repair on the Waterville bridge. Unanimous.

County Appraiser Francine Crome provided the Board with 7 neighborhood revitalization parcels who have failed to turn in the final costs of their projects. Letters were sent out requesting this information in March/April. The Board feels that if the participants fail to turn in the final cost of the project then they will be removed from the program as this is one of the requirements to qualify for the rebate.

Tom Holle moved seconded by Keith Bramhall to approve vouchers as presented and issue manual warrants from respective funds. Unanimous.

Barbara Kickhaefer moved, seconded by Keith Bramhall to adjourn the meeting at 4:01 p.m. The next regularly scheduled meeting will be Monday, June 15, 2020 beginning at 8:30 a.m.

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