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. Paul Kessinger with the Advocate arrived at the meeting at 8:38 a.m. Others present for the meeting were Dave Stump, Carol Hull, Austin Cline, Shahira Stafford and Alan Anderson.
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 the minutes of the 09/14/20 minutes and the Agenda for today’s meeting. Unanimous.
The Board discussed talking with County Counselor Jason Brinegar regarding a letter to KDOT to show appreciation for the improvements being made at the U.S. Hwy 36 & 99 junction but feel they need to continue these efforts in regards to the East & West traffic as well.
Barbara Kickhaefer moved, seconded by Keith Bramhall to approve the following purchase orders. Unanimous.
Ks HCI, Seneca, KS
For Lights & Equipment New Dodge Ram
$2,904.74-General (Sheriff) Fund-P.O. #6277
For Private vaccines
$15,029.08-Health Dept. Fund-P.O. #6299
For Private vaccines
$19,797.79-Health Dept. Fund-P.O. #6298
Underground Vaults & Storage, Inc, Hutchinson, KS
For Lease Rental
$2,801.88-District Court Fund-P.O. #6256
For Flu vaccine
$12,935.47-Health Dept. Fund-P.O. #6300
Elizabeth M Olson, Hiawatha, KS
For Contract Attorney fee (Aug 7 thru Sept 10, 2020)
$2,000.00-District Court Fund-P.O. #6257
Tom Holle moved, seconded by Barbara Kickhaefer to approve the 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.
Home City Grain, Inc., new grain elevator office and scale located at 202 2nd St, Home, KS
Steve & Deb Blumer, new home located at 1308 Hartley Ridge Dr.
Public Works Administrator Mike Craig met with the Board.
Keith Bramhall moved, seconded by Barbara Kickhaefer to approve the following purchase orders. Unanimous.
Marshall County Sheriff, Marysville, KS
For 2015 Dodge ½ ton PU
$7,000.00-General Fund-P.O. #109121
Koch Excavating, Axtell, KS
For 16 ½ hrs machine hire – bridge backwalls
$2,805.00-Road & Bridge Fund-P.O. #109122
Public Works Administrator Mike Craig reported as long as the weather stays good the bridge work will continue.
Keith Bramhall moved, seconded by Tom Holle to go into executive session for 5 minutes at 9:12 a.m. to discuss non-elected personnel with the Board & Public Works Administrator Mike Craig present. Unanimous. No action taken as a result of this executive session.
Agency on Aging Director Ashley Lyhane met with the Board to give an update on the meal numbers for the past few weeks which shows a steady increase in numbers.
County Counselor Jason Brinegar and Agency on Aging Director met with the Board to present a COVID19 Procedures to ensure all staff and Aging on Agency clientele are utilizing safety precautions while in our facilities & vehicles during the COVID19 crisis.
1. All Staff & Clientele will adhere to the 6 foot distance guidelines.
2. Transportation providers will sanitize vehicles in between each rider or as often as they can.
3. Transportation providers & riders will wear masks while in the vehicle.
4. Dining room clientele will not move chairs or tables.
5. Dining room clientele will not share cups, trays, food items, drinks, etc.
6. Dining room clientele will not take cups, trays, food items, drinks, etc. from others regardless of whether permission has been granted from other clientele.
Consequences – First offense will result in suspension of services up to 15 days. Second offense within a year will result in suspension of up to 30 days. Third offense within a year will result in suspension of up to 60 days.
Marshall County Agency on Aging Director is responsible for ensuring that staff & clientele follow the above guidelines. If clientele fails to comply with the above guidelines, the Director of Agency on Aging will enforce the consequences.
Tom Holle moved, seconded by Barbara Kickhaefer to approve Agency on Aging 300 Policy on COVID19 Procedures. Unanimous.
County Counselor Jason Brinegar & Agency on Aging Ashley Lyhane discussed with the Board the contract with the Frankfort Community Care home for the use of the Frankfort nutrition site which is set for automatic renewal on 12/31/20. The Board has given County Counselor Jason Brinegar directive to notify the Frankfort Community Care home that Marshall County will exercise the right to terminate the contract, notice of which must be given by October 1, 2020, with the intent to re-negotiate the terms of the agreement for continued use of the Frankfort nutrition site.
The Board asked County Counselor Jason Brinegar to draft a letter to KDOT regarding the U.S. 36 & 99 junction stating the appreciation for the improvements but encourage them to continue with these efforts.
County Counselor Jason Brinegar presented the Board with Resolution #20-20-09-21-1 A Resolution Eliminating and Terminating Inactive Funds Due to Inactivity. County Counselor Jason Brinegar and County Treasurer Jami Ellenbecker has been working on this list of inactive funds.
Keith Bramhall moved, seconded by Barbara Kickhaefer to approve the above presented Resolution #20-20-19-21-1. Unanimous. A copy of the Resolution with the complete list of inactive funds will be kept on file in the Marshall County Clerk’s office.
Tom Holle moved, seconded by Barbara Kickhaefer to go into executive session for 10 minutes at 9:59 a.m. to engage in attorney-client privileged discussions with the county counselor in order to assure compliance with the laws and evaluate legal risks with County Counselor Jason Brinegar and the Board present. Unanimous. No action taken as a result of this executive session.
April Swartz with Varney & Associates met with the Board to present the 2019 Audit. The audit revealed the County is in compliance with the cash basis and budget laws with no significant findings.
April Swartz with Varney & Associates also briefly discussed the Single Audit that will be required for the 2020 year due mostly in part to the receiving of SPARK money. The Single Audit will be an audit of all Federal funds received.
Lori Scheibe met with the Board representing the Community Park Restoration committee for Summerfield, KS. They have been refurbishing/painting old equipment for re use and have a budget of $90,000 for the improvements. They have done fund raising and have raised approximately $69,000 for the project. Fund raising will continue. The committee would be appreciative if the County would donate money to their project. They have developed levels of sponsorship & each level will have some type of recognition at the park. Levels are as follows: Irish $500-$999; Bronze $1,000-$2,499; Silver $2,500-$4,999; Gold $5,000-$9,999; Platinum $10,000 or higher. No action was taken at this time by the Board.
Agency on Aging Director Ashley Lyhane and Deb Baker with Crist & Pieschl met with the Board to discuss the use of the Frankfort nutrition site for outpatient physical therapy. The outpatient physical therapy has previously been performed at the Frankfort Community Care Home, however, with increased COVID related testing requirements, it is no longer cost effective to use the care home for these services. Physical therapy is wishing to use the store room at the Frankfort nutrition site for these services. The Board has directed that if this will not disrupt or put the employees or clientele of the nutrition site at risk, then these outpatient services can be performed.
Special Counsel James Neeld phoned into the meeting. He reported that the drafts of the agreements with the developer are ready to be made public.
Keith Bramhall moved, seconded by Barbara Kickhaefer to go into executive session for 30 minutes at 11:42 a.m. to engage in attorney-client privileged discussions with the county counselor in order to assure compliance with the laws and evaluate legal risks with the County Counselor Jason Brinegar, Special Counsel James Neeld and the Board present. Unanimous.
County Counselor Jason Brinegar left the meeting at 12:06 p.m.
Keith Bramhall moved, seconded by Barbara Kickhaefer to extend the executive session for 15 minutes at 12:12 p.m. for the same reason with the Board and Special Counsel James Neeld present. Unanimous.
Commissioner Bramhall asked Alan Anderson if he would address with NextEra regarding a situation recently wherein NextEra or their affiliates were on patron’s properties without permission. Mr. Anderson said he would let them know this was not acceptable.
There are 5 agreements with the developer that will be made available this week to the public, Development Agreement, Contribution Agreement, Road Use Agreement, Decommissioning Agreement, Complaint Resolution Agreement and an additional Frequently Asked Questions document. These agreements will be sent to County Clerk Sandra Wilson sometime during the day on Tuesday and the agreements will be put on the Marshall County website and the Marshall County Clerk & Election Office Facebook page. Any comments or concerns are to be emailed to the clerk and then forwarded on to Mr. Neeld for review.
The Board will vote on these 5 agreements at 10:00 a.m. on Monday September 28.
If the 5 agreements are accepted, the Site Plan, the Road Haul route and the Decommissioning amount will all be determined as the project progresses. Set backs will be determined by looking at each turbine site.
Keith Bramhall moved, seconded by Barbara Kickhaefer to approve the 2019 Audit as presented by April Swartz with Varney & Associates. Unanimous.
Keith Bramhall moved, seconded by Tom Holle to adjourn the meeting at 1:03 p.m. The next regularly scheduled meeting will be held on Monday, September 28, 2020 beginning at 8:30 a.m.