Marshall County Commission Meeting Minutes – 8/17/2020


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The Board of Marshall County Commissioners met in regular session with Barbara Kickhaefer, chairman, Tom Holle, member, Keith Bramhall, member and County Clerk Sandra Wilson present. Others present to observe the meeting were Fritz Blaske, David Stump and Ellen Koch. Paul Kessinger with the Advocate arrived at the meeting at 8:39 a.m.

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

The Board opened the meeting with the flag salute.

Barbara Kickhaefer moved, seconded by Tom Holle to approve minutes of the regular meeting on 08/10/20 and the Special meeting on 08/13/2020 and approve the agenda for today’s meeting. Unanimous.

Public Works Coordinating Supervisor Roy Yungeberg met with the Board. St. Bridget township has agreed to maintain the road the County will rock to give patrons a way in and out while the recently damaged bridge is being repaired. The County will pay for the initial rocking of this road and then the township will maintain it. There is a bridge between Sections 2 & 11 in Murray township that will likely need the same arrangement when the bridge repair is being done. The Waterville bridge repair should be completed this week.

Keith Bramhall moved, seconded by Tom Holle to amend the motion from last week to hire Austin Tillery as a Sheriff’s deputy at the rate of $18.75/hr the amendment is for Austin Tillery to remain as a corrections officer at his previous rate of pay. Unanimous. This amendment was made at the request of Sheriff Tim Ackerman.

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

Central Mechanical Construction, Manhattan, KS
For Replacement of failed valves in cells
$1,779.12-General (Sheriff) Fund-P.O. #6240

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

Barbara Kickhaefer moved, seconded by Keith Bramhall to approve the following Neighborhood Revitalization Applications. Unanimous.

John N & Rebecca J Dunlap Family Trust, Axtell, KS for the construction of a 51’x72’ shed.

Richard P Blumer Trust, Marysville, KS for the construction of a 48’x50’ pole shed.

Agency on Aging Director Ashley Lyhane met with the Board to give an update on how the dining in at the Helvering Center is working. Mrs. Lyhane reports there has been better social distancing but the majority are still not wearing masks. Her meal numbers are staying steady both dine in and carry out. She is willing to go another week and report back with the progress.

Agency on Aging Director Ashley Lyhane reported that transportation is still slow. Out of town trips are still for medical appointments only but there have not been very many of those at this time.

County Counselor Jason Brinegar met with the Board. There are some properties from a previous tax sale that need to be dealt with but research needs to be done to find out what protocol has been followed and how to move forward. He will keep the Board updated on the progress.

Keith Bramhall moved, seconded by Tom Holle to go into executive session for 5 minutes at 9:33 a.m. to engage in attorney-client privileged discussion with the Board and County Counselor Jason Brinegar present. Unanimous.

Keith Bramhall moved, seconded by Tom Holle to extend the executive session for 10 additional minutes at 9:38 a.m. for the same reason with the same person’s present. Unanimous.

No action was taken as a result of these executive sessions.

Dave Stump asked if the County has to sign off on the windfarm abatement. The Board said that is a question for Special Counsel James Neeld when he arrives this afternoon.

County Counselor Jason Brinegar informed the Board that Coleman Younger would be leaving the firm of Galloway, Wiegers & Brinegar at the end of September to pursue an opportunity in Garden City, KS working for Patterson Law Group. Andy Lohmann of Seneca, KS has been hired and will begin August 31, 2020.

County Health Nurse Sue Rhodes and Tami Stowell met with the Board to discuss migrating their email from GoDaddy to Microsoft 365. Craig Kilbourn with Network Computer Solutions reported that there has been ongoing email issues and feels that by transitioning to Microsoft 365 NCS can better monitor and maintain the issues. Health Nurse Sue Rhodes was concerned that changing emails would cause undo stress on the office especially in light of school vaccinations and flu season just around the corner. The Health Department is not opposed to moving the email to Microsoft 365 if they can retain their email domain name.

Tom Holle moved, seconded by Keith Bramhall to approve a step increase for Jackie Lindquist from Clk II Step II at $17.37/hr to Clk III at $17.66/hr effective August 1, 2020. Unanimous.

Carol Hull of Frankfort stopped in the meeting to give some handouts to the Board.

The Board reviewed and discussed the proposed 2021 budget as was presented by Scot Loyd. The following are a few of the findings that will need to be addressed.

  • On page 1 – There are 2 funds that are not listed Special Road & Bridge and Risk Management. It appears that the amount in Budget authority for Capital Improvement of 1,203,771 could possibly be the Special Road & Bridge amount which is more consistent with last year.
  • On page 8 – no lease/purchases
  • On page 10 like we discussed the 3,099,095 & 282,666 should be moved to current year.
  • Page 12, the appropriations all look good.
  • Page 19 – Recycling/HHW need to increase the levy – I am lowering my Election budget by $26,000 and we are lowering the Appraiser budget by $50,000 so maybe that can be shifted to help out recycling.
  • Page 21 – The Appraiser need to remove the $50,000 for mapping update so that would be contractual 28,285; commodities 6,200; capital outlay 7,300.
  • Page 22 – Noxious weed they wanted to make sure the cash carry over of $11,993 was OK?
  • Page 22 – Election – reduce contractual to 46,500 and reduce commodities to 21,500
  • Page 20 – Agency on Aging – Salary 62,000; Contractual 56,000; Commodities 13,075; Tfr to Title IIIC 190,000; Tfr to KDOT 61,830; Capital Outlay 24,000 total request of $407,405.
  • Page 30 – Aging-KDOT – Tfr from Agency should be 61,830, contractual expenses is correct at $218,835.
  • Page 33 – Title IIIC – Tfr from Agency on Aging should be 190,000; Salaries should be 145,000, contractual and commodities look good.

Barbara Kickhaefer moved, seconded by Tom Holle to recess for lunch at 11:45 a.m. to reconvene at 12:45 p.m. Motion passed 2-0 (Commissioner Bramhall had stepped out of the meeting).

Barbara Kickhaefer moved, seconded by Keith Bramhall to reconvene the meeting at 12:45 p.m. Unanimous.

Special Counsel James Neeld was present to meet with the Board. Mr. Neeld reported that the engineer will produce an initial decommissioning agreement before the next meeting. There are 2 things he will be discussing with the Board today, a draft of the contribution amounts for payment in lieu of taxes and changes in the development agreement.
David Stump asked Special Counsel James Neeld if the County had to sign off on the 10 year exemption for the windfarm. The 10 year exemption is a State level exemption and since Marshall County is not zoned then there is no permit process to go through and the application goes directly to the State, if the State denies the application then the project would likely not go forward, if the project qualifies then the State will grant the exemption and it would be a waste of time for the county to object to the project. Attorney for NextEra Allen Anderson was also present at the meeting.

Tom Holle moved, seconded by Keith Bramhall to go into executive session for 1 hour at 1:04 p.m. to engage in attorney-client privileged discussion with the Board, Special Counsel James Neeld and County Counselor Jason Brinegar present. Unanimous.

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

Special Counsel James Neeld reported that he will continue working on the agreements. Mr. Neeld stated that on the days he is meeting with the Board, he will remain for a little while after the meeting to entertain any questions then he will be going to Frankfort to stop at Highway 9 Pizza for an iced tea then he would be available in the city park at Frankfort to visit with patrons.

The Board asked County Appraiser Francine Crome to join the meeting. She was asked to see what kind of value would be placed on the windfarm starting in year 11. She will contact Property Valuation Division to get some information.

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

Pomp’s Tire Service, Inc, Green Bay, WI
For 16 F/S FD663 11R22.5 ply tire
$4,944.00-Road & Bridge Fund-P.O. #109112

Kruse Dozer Service, LLC, Frankfort, KS
For Change order #1 on cell 2 Phase 1 CD landfill
$7,234.75-Solid Waste Fund-P.O. #109113

Keith Bramhall moved, seconded by Tom Holle to approve the Application for Property Tax Relief for all buildings located at 301 E. 5th St, Vermillion, KS due to a fire on 1/24/2020. Unanimous.

The Board made a phone call to Craig Kilbourn of Network Computer Solutions to discuss the migration of the Go Daddy email to Microsoft 365. Mr. Kilbourn said the health department can keep the same email domain name and would likely not see any differences once the switch is made.

Barbara Kickhaefer moved, seconded by Tom Holle to give authorization to Network Computer Solutions to move forward with switching the health department email from Go Daddy platform to Microsoft 365. Unanimous.

Keith Bramhall moved, seconded by Tom Holle to adjourn the meeting at 3:03 p.m. The next regularly scheduled meeting will be held on Monday, August 24, 2020 beginning at 8:30 a.m.

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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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