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Tuesday, November 24, 2020

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Marshall County Commission Meeting Minutes – 10/26/2020

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 to observe the meeting were Fritz Blaske, Paul Kessinger, Carol Hull, Nick Stringer, Lance Jones, Jim Swim, Dave Stump, Mona Musil, Linda Roeder and Richard Hull.

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

The Board opened the meeting with the flag salute.

Emergency Management Director and SPARK Committee member Bill Schwindamann, Jr. met with the Board. The SPARK Committee is seeking approval to transfer $70,000 from the Counties share of SPARK money to be used to purchase AED defibrillators for the Marysville and Waterville ambulance services.

Tom Holle moved, seconded by Keith Bramhall to approve the SPARK Committee recommendation to purchase AED defibrillators for the Marysville and Waterville ambulance services in the amount of $35,000 each for a total of $70,000. Unanimous.

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

Anda Meds, Atlanta, GA
For Private Vaccines
$22,622.19-Health Dept. Fund-P.O. #6303

CPI Foods, Inc., Dallas, TX
For 200 shelf stable meals
$4,394.12-Title IIIC Fund-P.O. #6023

Public Works Administrator Mike Craig met with the Board. The Board discussed the grader bids from the prior week. After much discussion, the alternate bids were eliminated. The choice is a 2021 670GP John Deere for $269,479 or a CAT 140 for $286,464.

Keith Bramhall moved, seconded by Tom Holle to accept the low bid from Murphy Tractor for the 2021 670GP John Deere motor grader in the amount of $269,479 with an estimated delivery date of 45 days or sooner. Unanimous.

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

Murphy Tractor & Equipment Co, Topeka, KS
2021 John Deere 670GP motor grader
$269,479.00-Sp. Rd & Bridge/Sp. Machinery Funds-P.O. #109130

Keith Bramhall moved, seconded by Tom Holle to go into executive session for 5 minutes at 9:26 a.m. to discuss non-elected personnel with Public Works Administrator Mike Craig and the Board present. Unanimous. No action was taken as a result of this executive session.

County Treasurer Jami Ellenbecker met with the Board.

Tom Holle moved, seconded by Keith Bramhall to go into executive session for 5 minutes at 9:33 a.m. to discuss non-elected personnel with County Treasurer Jami Ellenbecker and the Board present. Unanimous.

Keith Bramhall moved, seconded by Barbara Kickhaefer to approve a step raise recommended by County Treasurer Jami Ellenbecker for Janet Koch from Clerk I Step II at $16.89/hr to Clerk II Step I at $17.17/hr effective November 1, 2020. Unanimous.

County Treasurer Jami Ellenbecker presented the quarterly investment report to the Board for review and reported that the 2019 tax roll has been balanced and we are ready to open the 2020 tax roll.

Dustin Parks from Atchison, KS met with the Board to answer questions on zoning/moratorium. The first thing to realize that any zoning or moratorium put in place now would only apply to future applications/projects. KAC is in favor of zoning to help counties administer home rule. Commissioner Kickhaefer does not believe a county of our size needs zoning.

A moratorium should only be put in place if the Board has an end plan. This would typically include some type of economic study and then to figure out what to do with the information.

Zoning can be implemented on a very broad spectrum but would minimally include someone to monitor and enforce the zoning along with a zoning/planning commission.

A County Comprehensive Plan could be developed which could be a guiding document for future land use, however, to enforce a Comprehensive Plan you would need zoning. Former Commissioner David Stump stated that when he was on the commission they went through the process of developing a comprehensive plan.

Mr. Parks said that the County should not implement zoning for just one thing. Resolutions are better for single or current issues. Zoning is for future. A moratorium is all about the actions you are going to take and before implementing a moratorium the Board would need to determine what they are wanting to accomplish in the end.

Typically zoning is to determine land division, set backs and dictating good locations for commercial and industrial businesses.

A question to zone Marshall County could be put up for election.

Mr. Parks ended with the statement “zoning is better to have and not need then to need and not have”.

County Counselor Jason Brinegar met with the Board.

Tom Holle moved, seconded by Barbara Kickhaefer to go into executive session at 10:58 a.m. for 10 minutes with County Counselor Jason Brinegar for attorney client privileged discussions to assure compliance with the laws and evaluate legal risks. Unanimous.
No action was taken as a result of this executive session.

County Counselor Jason Brinegar has heard back from Frankfort Community Care home regarding the lease for the nutrition site. Frankfort Care Home agrees that the Lease needs to be looked at and updated. The idea of purchasing the nutrition site is an option. Jay Kennedy has been designated to work with Mr. Brinegar to negotiate on behalf of the Frankfort Community Care Home. The Board gave direction to County Counselor Jason Brinegar to move forward with a 6 month lease to give more time to work out the details of a long time lease or an outright purchase.

County Counselor Jason Brinegar presented a Purchase Agreement between COPE Development and Marshall County for a tract of land in 26-2-7 in the amount of $100,000 with a $5,000 down payment. Said Purchase Agreement is subject to a soil assessment.

Keith Bramhall moved, seconded by Tom Holle to enter into the Purchase Agreement with COPE Development in the amount of $100,000 for a tract of land in 26-2-7 subject to a soil assessment. Unanimous.

Barbara Kickhaefer moved, seconded by Tom Holle to approve the following purchase order. Unanimous.

Pony Express Title, Marysville, KS
For Escrow for COPE Development land purchase
$5,000.00-Capital Improvement Fund-P.O. #6265

County Counselor Jason Brinegar reported that he will be in contact with Invenergy as the Grain Belt transmission line project begins, there is some concern that they do not have a current road use agreement on file with the County.

Tom Holle moved, seconded by Barbara Kickhaefer to go into executive session at 11:28 a.m. for 5 minutes with County Counselor Jason Brinegar for attorney-client privileged discussions to discuss non-elected personnel. Unanimous. No action was taken as a result of this executive session.

Keith Bramhall moved, seconded by Tom Holle to approve payroll as presented. Unanimous.

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

Tom Holle moved, seconded by Barbara Kickhaefer to approve Neighborhood Revitalization application for Reggie & Jennifer Craig for converting a shop into a shouse. Unanimous.

Keith Bramhall moved, seconded by Tom Holle to approve Resolution #20-20-10-26-1 presented by County Clerk Sandra Wilson which sets commissioner meeting dates, holiday schedule, payroll dates and bill paying deadlines for 2021. Unanimous.

Barbara Kickhaefer moved, seconded by Tom Holle to adjourn the meeting at 12:02 p.m. Unanimous. The next regularly scheduled meeting will be held on Monday, November 2, 2020 beginning at 8:30 a.m.

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