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Marshall County Commission Meeting Minutes – 6/15/2020

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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.

June 15, 2020
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. Paul Kessinger with the Advocate arrived at the meeting at 8:43 a.m.

Chairman Barbara Kickhaefer called the meeting to order at 8:30 a.m.

The Board opened the meeting with the flag salute.

Keith Bramhall moved, seconded by Tom Holle to approve the minutes of the 06/08/2020 and approve the agenda for today’s meeting. Unanimous.

Commissioner Holle received a phone call regarding a road in Blue Rapids City Township. He drove out to look at the road and feels that the issue has already been addressed.

Commissioner Kickhaefer received windfarm phone calls both pros and cons. She also received a request to reopen the Helvering Center to card playing and resume other social activities as previous.

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

DataWorks Plus, LLC, Greenville, SC
For Windows 10 Upgrade
$1,755.00-General (Sheriff) Fund-P.O. #6237

Elizabeth M. Olson, Hiawatha, KS
For Contract Attorney Fee (June 2020)
$2,000.00-District Court Fund-P.O. #6218

Public Works Administrator Mike Craig met with the Board.

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

Truck Repair Plus, Inc., Marysville, KS
For labor & parts to repl Vpod EGR valve #O605F
$2,594.32-Road & Bridge Fund-P.O. #109084

Public Works Administrator Mike Craig presented a list of surplus items that he would like to list with MidWest Auction Pros.

Tom Holle moved, seconded by Barbara Kickhaefer to declare the following items as surplus and list them for auction with MidWest Auction Pros. Unanimous.
1997 Ford Plow Truck 1990 Ford flat bed (welding truck)
Hyster Steel roller (self propelled) 1991 International Plow Truck
2006 Chevy ¾ ton 4×4 PU (300,000 mi) 2004 Chevy ½ ton 4×4 PU (180,000 mi)
2007 Ford ½ ton 4×4 PU (220,000 mi) 1980 GMC Astro Semi (landfill)
1977 Ford Distributor Truck 1993 Case 580 SK backhoe
Public Works Administrator Mike Craig reported the Onxy sealing on the Bremen/Herkimer road has been started and completed. Commissioner Holle has received calls regarding striping of the roads. This was discussed and will be looked into in the future. Public Works Coordinating Supervisor Roy Yungeberg will meet with the Board next week to discuss this project.

Public Works Administrator Mike Craig notified the Board of needing to replace a structure in Rock Township on 25th Rd, between Navajo & Osage roads. The road is currently impassable and thinking a bridge needs to be put in.

Public Works Administrator Mike Craig said staying busy hauling rock/sand and blading roads. There is normally about 1 ½ hour wait at the rock quarry so not getting in as many loads as previously. The meeting is being livestreamed on Facebook and a question was posed as to how the Nemaha County rock hauling is affecting Marshall County’s rock/sand supplies. Commissioner Bramhall addressed that question with the answer that the County is still able to get adequate rock so this has not been affected at this time.

County Counselor Jason Brinegar met with the Board. Discussion was had as to how often is necessary to do a tax sale. Mr. Brinegar felt that there are several things to consider when planning for a tax sale, two of which would be # of delinquent properties and tax value of those properties. There are only 2 properties remaining from the previous tax sale that he is in the process of cleaning up.

Keith Bramhall moved, seconded by Tom Holle to approve Neighborhood Revitalization application for Michael & Cheryl Bailey for new and rehabilitation of an agricultural building located at 2209 17th Rd, Frankfort, KS. Unanimous.

Tom Holle moved, seconded by Keith Bramhall to not approve Neighborhood Revitalization application for James & Susan Walker for residential addition and rehabilitation at 430 12th Rd, Oketo, KS as the project was started prior to submission of application. Unanimous.

Register of Deeds Martha Roesch met with the Board. Mrs. Roesch submitted her 2021 budget request which includes an increase of $19,618. Due to increased document filings and increased records requests, Register of Deeds Martha Roesch has budgeted to move her part-time help to fulltime.

Register of Deeds Martha Roesch brought concerns to the Board about increased requests for copies of their document index. Some of these requests are taking a considerable amount of time to process and Mrs. Roesch is asking if she can charge for their time in producing these documents. The Board will consult with a special counsel to answer some questions on the KORA statutes.

Barbara Kickhaefer moved seconded by Tom Holle to approve part-time employee Ruth Martin to fulltime Clerk I Step I at $16.55/hr and Debra Volesky-Slupianek from Clerk I Step II at $16.89/hr to Clerk II Step I at $17.17/hr both effective September 1, 2020. Unanimous.

The Board of Commissioners gave Register of Deeds Martha Roesch the discretion to charge for requests according to the time it takes to process the request.

Emergency Management Director Bill Schwindamann, Jr. met with the Board.

Keith Bramhall moved, seconded by Barbara Kickhaefer to go into executive session for 5 minutes at 10:43 a.m. to discuss non-elected personnel with the Board and Emergency Management Director Bill Schwindamann, Jr. Unanimous.

Keith Bramhall moved, seconded by Tom Holle to approve Leslie Jeter as Assistant Emergency Management Director with an increase of $150/month effective June 1, 2020. Unanimous.

Clerk of the District Court Nancy Koch met with the Board to present her 2021 budget request. Mrs. Koch was advised to increase the contracted attorney fees for the year but feels she adequately covered that in last years budget. The 2021 budget request is $179,186.50 which is an increase of $15,823.40 from last year.

Marshall County Partnership for Growth Director Ellen Barber met with the Board to discuss the CDBG-CV grant in the amount of $132,000 that was allocated to Marshall County. There were 23 businesses who were pre-qualified for some assistance through this grant. Friday, July 10, 2020 has been set as the deadline for businesses to apply and the recommendations will be brought to the Board on Monday, July 13. The application can be found on the Marshall County Partnership for Growth website.

Marlene Stamm, County Sanitarian met with the Board to present her quarterly report. The County Sanitarian is a shared position between Clay, Cloud, Marshall and Washington Counties. Mrs. Stamm had previously presented her 2021 budget request in the amount of $11,540.00 which is the same as last years request. Due to the increase in expenses including insurance costs, Mrs. Stamm proposed an increase of fees for services beginning January 1, 2021. Mrs. Stamm feels that a slight increase in fees will offset some of these costs and be able to avoid raising the budget request amount.

Tom Holle moved, seconded by Keith Bramhall to approve the increased fee schedule for NCK Environmental LEPP as presented effective January 1, 2021. Unanimous.

County Health Nurse Sue Rhodes met with the Board. Mrs. Rhodes presented the Board with an estimated cost for engineering services from CES of Marysville for the repair of the health department basement. The building is further settling creating cracks in the walls and doors not fitting properly. The Board will recess to the County Health Department later in the day to tour the building.

Carol Hull of Frankfort, KS joined the meeting at 11:42 a.m.

Barbara Kickhaefer moved, seconded by Keith Bramhall to go into executive session for 20 minutes at 11:47 a.m. at the request of County Health Nurse Sue Rhodes to discuss matters of non-elected personnel with the Board, County Health Nurse Sue Rhodes and County Clerk Sandra Wilson present. Unanimous. No action was taken as a result of this executive session.

Barbara Kickhaefer moved, seconded by Keith Bramhall to recess the meeting at 12:08 p.m. for lunch and reconvene at 1:00 p.m. Unanimous.

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

Special Counsel James Neeld & County Counselor Jason Brinegar met with the Board. Rob Peschel, Jim Swim, Public Works Administrator Mike Craig, Ellen Barber and Coleman Younger were also present to observe the meeting.
Tanner Yost and Cody Shultz from engineering firm of Kirkham Michaels met with the Board. Kirkham Michaels is currently assisting with the engineering duties at the Soldier Creek Windfarm in Nemaha County and are interested in working on behalf of Marshall County for the proposed Irish Creek Windfarm project. Mr. Yost stated they would have a pre/post inspector on site. Dust control and making sure that the designated haul route is used are of utmost importance. Mr. Yost also said that one of the services they offer is to be the contact person should any issues arise and then that will be directed to the County for a solution.

The Board reiterated the fact that Special Counsel James Neeld and any engineering firm that is hired would be working for the interests of Marshall County, not be employed by NextEra.

Rob Peschel of CES, which is a local engineering firm, met with the Board and is interested in partnering with the County. Mr. Peschel reported that CES has been committed to rural communities for 20+ years. CES has alignments with many resources to be able to provide the County with the services required to assist with this project.

Keith Bramhall moved, seconded by Tom Holle to go into executive session for 1 hour at 1:37 p.m. to engage in attorney-client privileged discussion with the Board, Special Counsel James Neeld, County Counselors Jason Brinegar and Coleman Younger. Unanimous. No action was taken as a result of this executive session.

Barbara Kickhaefer moved, seconded by Tom Holle to go into executive session for 1 hour at 2:38 p.m. to engage in attorney-client privileged discussion with the Board, Special Counsel James Neeld, County Counselor Jason Brinegar. Motion passed 2-0 (Commissioner Bramhall had stepped out of the meeting briefly). No action was taken as a result of this executive session.

Mr. Neeld informed the Board that he is in receipt of a preliminary outline and terms and would begin the negotiation process on Marshall County’s behalf reminding the Board that this is a marathon, not a sprint.

Mr. Neeld will return to meet with the Board in two weeks on June 29, 2020.

Robbin Cole with Pawnee Mental Health met with the Board to present the 2021 budget request. The budget request is for $117,954 which shows no increase from the previous year request. Pawnee Mental Health facilities will reopen to the public on July 1. They have been utilizing telehealth visits throughout the COVID-19 shutdown and hope to continue to offer this service moving forward.

Emergency Management Director Bill Schwindamann, Jr. met with the Board to inform them that the County will be receiving federal SPARK dollars by the end of June. The estimated amount of money Marshall County will receive is $194/person. The counties are recommended to share these dollars with schools/cities in the County. These dollars must be spent by October 1st. It is recommended that Marshall County form a TASK force consisting of community members of the county to assist with the allocation of these funds. The County Commissioners will need to pass a Resolution and once there is guidance, a resolution will be presented for approval. There are continued conference calls and Webinars regarding this SPARK distribution and the Board will be updated as information becomes available.

Barbara Kickhaefer moved, seconded by Tom Holle to approve vouchers as presented and issue manual warrants from respective funds. Unanimous.

Tom Holle moved, seconded by Barbara Kickhaefer to recess the meeting at 4:14 p.m. and reconvene at the Health Department for inspection of the basement. Unanimous.

Barbara Kickhaefer moved, seconded by Keith Bramhall to reconvene the meeting at 4:23 p.m. at the Marshall County Health Department. Unanimous.

County Health Nurse Sue Rhodes gave the Board a tour of the health department pointing out the cracks in the walls and the doors not closing properly as well as the wood beam and supporting poles in the basement. The wood beam is not properly being supported by the beams which in turn is allowing the settling of the building causing the issues upstairs. Commissioner Bramhall and Commissioner Holle replaced a couple of the support poles to try to stabilize the beam. It is recommended that the wood beam be replaced by an i-beam for more support.

Commissioner Bramhall stated that the proposed Irish Creek Windfarm project is going to be a long process and the Board is encouraging patrons to submit written correspondence with their concerns to the County Clerk’s office for accumulation. The Board will be hosting a townhall meeting at some time in the future to address these concerns with the community. The Board will be setting aside 30 minutes on the 1st Monday of each month to hear concerns from community members. There will be time slots assigned in 5 minute increments.

Commissioner Kickhaefer left the meeting at 4:46 p.m.

Keith Bramhall moved, seconded by Tom Holle to adjourn the meeting at 4:50 p.m. Motion passed 2-0. The next regularly scheduled meeting will be on Monday, June 22, 2020 beginning at 8:30 a.m.

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