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Friday, July 30, 2021

Marshall County Commission Meeting Minutes – 3/29/2021

The Board of Marshall County Commissioners met in regular session with Keith Bramhall, chairman, Barbara Kickhaefer, member, Fritz Blaske, member, Sandra Wilson, County Clerk. Carol Hull of Frankfort joined the meeting to observe at 9:53 a.m. and Austin Cline of Frankfort joined the meeting to observe at 10:00 a.m.

Commissioner Bramhall called the meeting to order at 8:30 a.m. The meeting was opened with the flag salute.

Fritz Blaske moved, seconded by Barbara Kickhaefer to approve the minutes of the 03/22/21 meeting and the Agenda for today’s meeting. Unanimous.

Keith Bramhall moved, seconded by Fritz Blaske to VOID Purchase Order #5836 to Komtek Systems, Marana, AZ in the amount of $5,262.00. Unanimous.

Barbara Kickhaefer moved, seconded by Fritz Blaske to approve the following purchase orders. Unanimous.

Komtek, Marana, AZ
For CVN Mailing
$5,491.00-Appraiser Fund-P.O. #6421

Allied Technical Consultants, Hays, KS
For 911 Address support
$2,500.00-911 Local Fund-P.O. #6411

AARMS
For jail audit & inspection March ’21 to Feb ‘22
$1,320.00-General (Sheriff) Fund-P.O. #6377

Public Works Administrator Mike Craig met with the Board.

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

National Sign Co, Ottawa, KS
For 24” & 30” road signs
$1,339.50-Road & Bridge Fund-P.O. #109172

Public Works Administrator Mike Craig reported that Jayhawk Fire & Sprinkler conducted the inspection on the courthouse sprinkler system. They replaced a broken sprinkler head and said the batteries will need to be replaced sooner rather than later. They also recommended that the alarm system be set up to alert someone outside of the courthouse in case of a fire on a weekend when no one is in the building. Public Works Administrator Mike Craig will move forward with getting the batteries replaced and look into the alarm alert system.

Public Works Administrator Mike Craig said he has had a lot of calls regarding a “free day” at the Transfer Station. The free day was not conducted last year due to Covid-19 shut downs. The “free day” at the Transfer Station has been set for Saturday, May 1, 2021, the hours will be determined at a later date. The road crews continue to haul rock and blade roads.

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

Marysville Ambulance, Marysville, KS
For Monthly contract services
$22,429.00-Ambulance Fund-P.O. #6427

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

Keith Bramhall moved, seconded by Fritz Blaske to go into executive session for 10 minutes at 9:19 a.m. with the Board, County Counselor Jason Brinegar, Agency on Aging Director Ashley Lyhane, Sheriff Tim Ackerman for attorney-client privileged discussions regarding non-elected personnel. Unanimous.

The Board came out of executive session at 9:29 a.m. No action was taken as a result of this executive session.

Keith Bramhall moved, seconded by Fritz Blaske to go into executive session for 10 minutes at 9:31 a.m. with the Board, County Counselor Jason Brinegar, Sheriff Tim Ackerman and Human Resources Samantha Jackson for attorney-client privileged discussions regarding non-elected personnel. Unanimous.

The Board came out of executive session at 9:41 a.m.

Sheriff Tim Ackerman has requested approval for Lee Breasseale to be placed on FMLA x 12 weeks.

Keith Bramhall moved, seconded by Fritz Blaske to approve FMLA leave for Lee Breasseale for 12 weeks and during this leave, he will be required to pay for his portion of health insurance. Unanimous.

Sheriff Ackerman presented Resolution #20-21-03-29-1 – A Resolution to Preserve and Defend the Second Amendment of the United States Constitution.

Barbara Kickhaefer moved, seconded by Fritz Blaske to approve Resolution #20-21-03-29-1 to Preserve and Defend the Second Amendment of the United States Constitution. Unanimous.

County Counselor Jason Brinegar reported that it is taking him a bit longer to gather all the information for the KOMA complaint. Commissioner Kickhaefer asked Brinegar if the Attorney General was aware that the KOMA complaint made by Ms. Randel was quite possibly more about the windfarm decision than the open meetings violation. Kickhaefer pointed out that Ms. Randel’s suggested recourse to the Attorney General was to 1) void actions taken by the commission or 2) impose a six-month moratorium on any commission discussion of the Irish Creek Wind Project. Such requests are not an available remedy under the KOMA. He will have the response to the Board next week for approval.

Alan Anderson, Kenny Blair and Mike Craig joined the meeting at 10:00 a.m.

Special Counsel James Neeld called into the meeting at 10:02 a.m.

Keith Bramhall moved, seconded by Fritz Blaske to go into executive session for 30 minutes at 10:03 a.m. with the Board, Special Counsel James Neeld (via telephone), County Counselor Jason Brinegar, Public Works Administrator Mike Craig and Engineer Kenny Blair with CFS Engineering for attorney-client privileged discussions regarding contract negotiations. Unanimous.

Keith Bramhall moved, seconded by Fritz Blaske to extend the current executive session for an additional 5 minutes at 10:33 a.m. with the same person’s present for attorney-client privileged discussions regarding contract negotiations. Unanimous.

The Board came out of executive session at 10:38 a.m. The Irish Creek Windfarm cabling route and haul route maps were presented in open session. The Decommissioning statement is to come. The cabling route and the haul route maps will be posted in the courthouse for public view, Commissioner Bramhall will take a set of maps to Frankfort to hopefully be displayed at Frankfort City Hall and the maps and decommissioning statement will be posted to the Marshall County website. The Board will vote on the above routes and decommissioning statement at their regular meeting on April 12, 2021. Any concerns with the routes should be addressed via email to County Clerk Sandra Wilson, Special Counsel James Neeld or any of the commissioners. There were a few questions posted via Facebook live and these questions were answered. There were again concerns about the complaint process throughout the construction of the Irish Creek Windfarm. The patrons were directed that all of the complaint procedures are listed in the previously signed agreements that are readily available on the Marshall County website. Carol Hull was concerned about the calcium chloride that will be used on the roads to reduce the dust during construction and how to file a claim if this application would possibly damage her shrubs, bushes or flowers. Carol was encouraged that if this were to happen she should register a complaint through the complaint process set out in the agreements. There was also some concern regarding widening corners along the haul route. Mr. Brinegar assured Mrs. Hull that NextEra has to adhere to the ROW restrictions and if this is not followed, there will be a complaint filed.

Louis Holle of Herkimer addressed the Board regarding a house in Herkimer that is a safety hazard. He was inquiring how to get a house condemned. County Counselor Jason Brinegar stated that since Marshall County is not zoned, the Board has no authority to condemn a property. It was recommended that he and other land owners seek legal counsel to see what their options might be.

Keith Bramhall moved, seconded by Fritz Blaske to go into executive session for 15 minutes at 11:22 a.m. with the Board, Agency on Aging Director Ashley Lyhane, County Counselor Jason Brinegar, Sheriff Tim Ackerman and county employee Andrea Skalla to discuss matters of non-elected personnel. Unanimous.

The Board came out of executive session at 11:37 a.m.

Keith Bramhall moved, seconded by Fritz Blaske to suspend county employee Andrea Skalla for 3 days, March 30, 31 & April 1, 2021 without pay. Unanimous.

Barbara Kickhaefer moved, seconded by Fritz Blaske to approve payroll as presented. Unanimous.

Keith Bramhall moved, seconded by Fritz Blaske to approve the Neighborhood Revitalization application from Eric Strader for the construction of a 40 x 80 machine shed located at 1080 Zenith Rd, Blue Rapids, KS. Unanimous.

The Board had some discussion regarding the proposed new jail. The Board’s goal is to fund this jail project without raising taxes.

Fritz Blaske moved, seconded by Barbara Kickhaefer to adjourn the meeting at 12:20 p.m. The next regularly scheduled meeting will be held on Monday, April 5, 2021 beginning at 8:30 a.m.

Derek Nesterhttps://sunflowerstateradio.com
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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