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Marshall County Commission Meeting Minutes – 9/8/2020

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 for the meeting were Fritz Blaske, Jonathan Sill, Kenny Feldhausen and Paul Kessinger with the Marysville Advocate.

Chairman Barbara Kickhaefer called the 2021 Budget Hearing to order at 8:30 a.m.

The Board opened the meeting with the flag salute.

Scot Loyd with Swindoll, Janzen, Hawk & Loyd, LLC was present to present the final budget and answer any questions regarding the budget.

Keith Bramhall moved, seconded by Tom Holle to adopt the 2021 Marshall County budget as published with a mill levy decrease from 51.008 to 49.094. Unanimous.

Barbara Kickhaefer moved, seconded by Keith Bramhall to adjourn the Budget Hearing meeting at 8:45 a.m. and go into the regular meeting. Unanimous.

Bill Schwindamann Jr. & Scot Loyd informed the Board that the SPARK plan submitted to the State was almost all approved except for the grant portion which needs more clarification. Since the Board already approved the SPARK Plan, the checks for the reimbursement requests will be processed and sent out.

Carol Hull, David Stump and Gayla Randel joined the meeting at 8:48 a.m.

Public Works Administrator Mike Craig met with the Board.

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

L & M Contractors, Inc., Great Bend, KS
For Contracted bridge repair project N. of Waterville
$97,020.00-Road & Bridge Fund-P.O. #109115

Truck Repair Plus, Inc., Marysville, KS
For Repl actuator kits & F and R harnesses
$1,654.32-Road & Bridge Fund-P.O. #109116

Schwab Eaton, PA, Manhattan, Ks
For Construction Engrg services for RS60Bridge N. of Waterville
$6,469.00-Road & Bridge Fund-P.O. #109117

Van Diest Supply Co, Webster City, IA
For Escort XP – 10 cases
$1,785.60-Noxious Weed Fund-P.O. #109114

Public Works Administrator Mike Craig said with the recent retirement, there is a vacant position at the Frankfort shop. He will advertise for this position.

Commissioner Kickhaefer viewed the “Pralle” bridge over the weekend. She questioned public works administrator Mike Craig as to why this is one of the bridges we are contracting out instead of the bridge department building as it is a smaller bridge. Mr. Craig reported that the due to the extensive rock, the contractor has the equipment to drive the pilings.

County Counselor Jason Brinegar met with the Board. The Board will begin the meeting on September 14 at 8:00 a.m. at the location of the fence viewing. County Clerk Sandra Wilson was directed to send letters to the landowners.

Leo Sandmann and Rosemary Forst joined the meeting at 9:40 a.m.

County Counselor Jason Brinegar reported he will be presenting the Board with an Affidavit and a Mineral Rights Quit Claim Deed later today to clear up the final tax sale property. There are a few tax sale properties from previous tax sales that he will publish for sealed bids to start the process of getting these properties into the hands of a taxpayer.

Shahira Stafford joined the meeting.

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

Jackson County Medical Examiners, Kansas City, MO
For Autopsy – Wassenberg
$2,000.00-County General (Coroner) Fund-P.O. #6276

The Marysville Advocate, Marysville, KS
For Tax publication – delinquent list
$4,892.14-Treasurer Fund-P.O. 6331

Frankfort Area News, Frankfort, KS
For Tax publication – delinquent list
$4,034.00-Treasurer Fund-P.O. #6330

Steven A. Kraushaar, Marysville, KS
For Contract Attorney Fee (August 2020)
$3,000.00-District Court Fund-P.O. #6255

National Child Safety Council, Jackson, MI
For Sponsor 1500 Children for Child Safety, Bullying and Drug Education
$3,750.00-Special Alcohol Fund-P.O. #6263

Concordance Healthcare,
For Needles & gloves
$1,977.80-Emergency Prep Fund-P.O. #6169

Henry M. Adkins & Son, Inc., Clinton, MO
For Election Test Deck
$1,690.50-Election Fund-P.O. #6275

Barbara Kickhaefer moved, seconded by Tom Holle to pay the following Home Sewer bill out of the appropriate fund. Unanimous.

Evergy services – 2 lift stations
200 Benjamin St, Home, KS $138.63
408 E 3rd St, Home, KS 56.20
TOTAL $194.83

Barbara Kickhaefer moved, seconded by Tom Holle to recess the meeting at 9:51 a.m. to reconvene in the basement meeting area. Unanimous.

Barbara Kickhaefer moved, seconded by Keith Bramhall to reconvene the regularly scheduled meeting at 10:00 a.m. in the basement meeting area. Unanimous.

Jonathan Sill addressed the Board regarding the expansion of the windfarms to the West into Washington and Republic Counties.

Ellen Koch read a letter to the Board from Ron & Cheri Alverson of Centralia who live in the Soldier Creek windfarm area siting their opposition to the windfarms.

Greg Allen of Centralia lives directly in the Soldier Creek windfarm area and lives on the heavy haul route and he states that “you don’t understand it until you live in it”. He has 9 towers surrounding his home.

Dan Howell addressed the Board and states again that the 10 year exemption is a State exemption and the County does not have any control over the exemption. He feels that it is a property rights issue.

Kathleen O’Brien with Nemaha-Marshall Electric addressed the Board. She stated that Nemaha-Marshal is neutral on the windfarm, however, she said that the patrons benefit when the substation is located on their lines. The Soldier Creek substation is located on their lines. The existing Marshall Wind Farm substation is located on Nemaha-Marshall lines and since March of 2016 has generated $141,000 in revenue which is approximately $35,000 per year. The Soldier Creek Windfarm is 5x the size of Marshall Wind therefore it is estimated to generate approximately $175,000 in revenue per year.

Doug Plegge addressed the Board as a landowner who is also a participant in the Marshall Wind Farm and hopefully a participant in the Irish Creek Windfarm and states he has had nothing but positive experiences over the last few years. He has not seen any decrease in productivity, habitat or wildlife. Some of the townships in the Southern part of the County could use the revenue generated from the Irish Creek windfarm to improve roads.

Barbara Kickhaefer moved, seconded by Keith Bramhall to recess the meeting at 10:32 a.m. to reconvene the regularly scheduled meeting back in the Board of County Commissioners room. Unanimous.

Barbara Kickhaefer moved, seconded by Tom Holle to reconvene the meeting at 10:36 a.m. Unanimous.

Wade Maddox, McKenzie Kracht, Maggie Kickhaefer and Maureen Crist met with the Board to present the plans for the Black Squirrel Bark Park to be constructed on the South side of Marysville. The estimated cost of the Bark Park is between $48,250 – $51,750 this includes the bridge, bridge installation, fencing, concrete pad, signage and dog cleanup stations. Current funding to date is $17,614. Don Landoll of Landoll Corporation has volunteered to build the bridge and donate it for access to the park. Commissioner Kickhaefer feels that there are funds available in the Special Parks account that could go towards this project. The Special Parks fund is generated from Countywide alcohol sales. The Board will discuss a donation and make a determination in the near future.

County Health Nurse Sue Rhodes met with the Board. She presented a Structural Investigation report for the health department. There are significant findings regarding the health department building. After much discussion, the Board feels they need to find out the cost of the structural repair to determine if it is feasible or if need to look at other options.

County Health Nurse Sue Rhodes also presented a Memorandum of Understanding for Facility use during a Public Health Emergency between the Marshall County Health Department and Seega, LLC to use their drive through facility for vaccinations if necessary.

Special Counsel James Neeld phoned into the meeting. Mr. Neeld stated that he received comments from the developer that will need to be discussed in executive session. He stated that he will again pursue the developer for the answers to the questions that were recently submitted. Mr. Neeld stated that he would not be able to be present for the meeting on Monday, September 14 as he would be out of town attending a family member funeral.

Keith Bramhall moved, seconded by Tom Holle to go into executive session at 11:33 a.m. for 15 minutes 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, Special Counsel James Neeld and the Board present. Unanimous.

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

County Counselor Jason Brinegar presented an Affidavit and a Mineral Rights Quit Claim Deed for approval for the minerals rights in the Southwest Quarter of Section 34, Township 5, Range 6 to go back to the surface rights of the property.

Tom Holle moved, seconded by Barbara Kickhaefer to approve the Affidavit and Mineral Rights Quit Claim Deed in the amount of $1.00. Unanimous.

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

Bob Lindquist with the Marshall County Fair Association called to request an additional appropriation for of $2500 to assist with construction/improvements. Mr. Lindquist said this has been done in the past. The Board is not opposed to this additional appropriation but would like to know what it is being used for. County Clerk Sandra Wilson will contact Mr. Lindquist for this information and bring it back to the Board next week.

Barbara Kickhaefer moved, seconded by Tom Holle to adjourn the meeting at 12:20 p.m. Unanimous The next regularly scheduled meeting with begin at 8:00 a.m. on Monday, September 14, 2020 at a fence viewing location in Wells Township, Section 19 at the intersection of 13th Terrace & U.S. Hwy 9. The meeting will then recess to the Board of Marshall County Commissioners meeting room.

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