1. CALL TO ORDER The Board of Harvey County Commissioners met in regular session on September 15, 2020 with Commissioner Randy Hague, Commissioner Ron Krehbiel, and Commissioner George 'Chip' Westfall present. Chairman Hague called the meeting to order at 9:00 a.m.

2. CONSIDER ADDITIONS TO THE AGENDA

3. COMMISSIONER COMMENTS, COMMITTEE REPORTS AND CALENDAR ITEMS 3.1 Commissioner Westfall stated that the KAC legislative policy virtual meeting is scheduled for 10 a.m. on Tuesday, October 13; this meeting could conflict with the commission meeting that day. Commission Calendar

4. CONSIDER APPROVAL OF MINUTES 4.1 Board of Commissioners - Sep 08 2020 George 'Chip' Westfall made a motion to approve the minutes as presented. Ron Krehbiel seconded the motion. Motion passed unanimously.

5. CITIZENS FORUM/PUBLIC COMMENT Multiple individuals were in attendance to provide comments to the commission; Chairman Hague announced that comments are limited to 2 minutes each. Some written comments were also submitted. 5.1 Randy Douvier protested the mask mandate stating that no medical science supports mask usage, that it is an infringement on constitutional rights and is just fear mongering. Leslie Veer stated that mask usage results in longterm emotional effects; masks hide identities and remove personalities. Val Gleason, President & CEO of Newton Medical Center, supports the mask usage order to protect employees. Amy Douvier protested the mask order stating that it should be a personal choice. Paula Unruh stated that she reads lips and it is difficult to communicate with others wearing masks. Jenny Busenitz thanked the commission for road work on Woodlawn Road; then asked the commission reconsider the mask mandate; she stated 90 counties in Kansas do not have mask mandates. Becky Reimer asked the commission to protect individual and medical freedoms by repealing the mask mandate. Dr. Jennifer Koontz, President of Harvey County Medical Society, supports the mask mandate stating that statistics are clear on the benefits of wearing masks to reduce the spread of this virus which is primarily spread by respiratory droplets. She stated that mask usage protects others from receiving the virus from infected individuals that may be symptom-less or do not know they are infected. Sandra Schroeder stated that the commission was not elected to make health decisions and should not mandate masks, she stated that masks hinder breathing so she will not have her children wear them. Sara Dick, General Manager of Newton Et Cetera Shop, supports the mask mandate, she reported that masks have been required for all patrons and employees of her store since reopening months ago and sales have been increasing. Kay Self stated that she was a nurse for 44 years and she is not afraid of the virus and will not wear a mask; she stated that individuals should just use common sense. Martha Ross protested the mask order which enslaves lives and said that common sense should be applied to the situation. Michael Ross stated that the mask mandate and other restrictions should be ended because the economy is being impacted by a crisis that has low death rates and positive percentages and is not worse than the flu. Zach Entz stated that it is against Kansas law to require mask usage without a medical license; he asked the commission to reconsider the mandate. Bryce Douvier thanked the commissioners for serving, but protested the mask mandate stating that statistics show that the virus has a 97% survival rate and that constitutional rights should be protected. The commissioners thanked everyone who provided in-person, phone or email comments and feedback on the issue. Commissioner Hague stated that no one was prepared for an issue such as COVID-19, but we should be thankful that we are not also dealing with the flooding and fire issues that are affecting other areas. Health Ministries remarks - 091520 HCMS remarks - 091520

6. COUNTY ADMINISTRATOR’S REPORT Anthony Swartzendruber, Administrator 6.1 Public Health Preparedness Update Lynnette Redington, Health Department Director, reported that 4,717 individual residents have been tested so far, with 320 total positive cases including 13 active cases. She reported that the positive rate is 5.1%, but two outbreaks at local colleges are still active. Lynnette explained that some of the data on the county website COVID-19 statistics dashboard differ from KDHE statistics because KDHE uses total tests performed for some calculations; the footnotes explain the data set used. 6.2 Harvey County Workforce Report Commissioner Westfall stated that there are 60% more open jobs in the region than the number of unemployed individuals. Harvey County Report PY2019, 4th Quarter PY2019WIOA TItle IB Performance Report_FINAL 6.3 KCAMP Annual Meeting Notice Anthony stated that voting delegates need to be certified for the KCAMP meeting to be held on October 14. He also stated that voting delegates need to be certified for the KAC meeting on October 14. George 'Chip' Westfall made a motion to certify Commissioner Hague as the KCAMP meeting voting delegate with County Clerk Rick Piepho as the alternate. Ron Krehbiel seconded the motion. Motion passed unanimously. George 'Chip' Westfall made a motion to certify Commissioner Hague as the KAC meeting voting delegate with Anthony Swartzendruber as the 1st alternate and Commissioner Westfall as the 2nd alternate. Ron Krehbiel seconded the motion. Motion passed unanimously. 6.4 Update on National Historic Trail Designation Webinar Chisolm and Western NHT Webinar Announcement 092420_W_Maps KNRC Bulletin National Historic Trail Designation and Workshop Senator Moran Chisholm Legislation 6.5 Information Anthony reported that the Council of Governments met last week; the City of Sedgwick agreed to chair the council for this year. He also reported that the City of Newton is requesting authorization to proceed with repairing the roofs on Hanger J and Hanger K at the city/county airport for a total estimated county cost of $45,000 to $55,000. He stated that these repairs were included in the airport CIP plan that was presented to both commissions, but not adopted. The commissioners agreed to authorize proceeding with the projects utilizing capital improvement funds. Anthony reported that the North Newton City Council intends to annex an area west of Anderson Rd.; a public hearing is scheduled on November 16. City of North Newton Agenda & Minutes County Comment - September 2020 Explore Wind Energy Virtual Workshop Lifeline Awareness Week Message from KDOT Secretary Road & Bridge Weekly Report 9-2 thru 9-8

7. DEPARTMENT REPORTS 7.1 Justin Bland, Solid Waste Director, introduced the new Assistant Solid Waste Director, Terry Almquist. 7.2 Emily Nichols, Treasurer, reported that appointments for the Driver's License office are currently being scheduled for October 20 and later. She stated some individuals are eligible to renew their licenses online. 7.3 Robert Carlton, Department of Aging Director, reported that the RSVP 911 food collection project was conducted over the weekend with 1,307 pounds of food collected to be distributed by the Salvation Army.

8. CONSIDER APPROVAL OF WARRANT CHECKS Ron Krehbiel made a motion to approve the batch totaling $56,532.20 as presented. George 'Chip' Westfall seconded the motion. Motion passed unanimously. 

9. ITEMS OF BUSINESS 9.1 Consider Emergency Order of the Local Health Officer - Face Masks An Emergency Order of the Local Health Officer to extend the order requiring mask usage in the county was presented for consideration. Lynnette stated that she and the Public Health Officer recommend continuing the requirement for individuals to wear face coverings in public settings. She stated that the number of new cases has been declining since the mask order was issued and masks will help during the upcoming flu season. Chairman Hague reiterated that this is an order of the Public Health Officer who is a licensed medical doctor. Commissioner Westfall stated that under Kansas law the commission is also the Local Board of Health. He stated that most of the counties without mask mandates are smaller and less densely populated. He suggested that all individuals read the order to be aware of the exceptions and limited enforcement, but respect others by wearing a mask even if they are not concerned for their own safety or health. Chairman Hague presented multiple options: let the order expire, extend the order for one or two months or approve an open order that is effective until rescinded. Emergency Order of the Local Health Officer - Face Masks George 'Chip' Westfall made a motion to direct the Local Heath Officer to issue an Emergency Order requiring masks or face coverings in public through October 19. Ron Krehbiel seconded the motion. Motion passed unanimously. 9.2 Consider Emergency Order of the Local Health Officer - Reopening Plan An Emergency Order of the Local Health Officer to continue Phase Out of the reopening plan was presented for consideration. The Health Department and Medical Director recommend staying in Phase Out, but all individuals are encouraged to maintain social distancing and hygiene protocols and wear face coverings in public settings. Emergency Order of the Local Health Officer George 'Chip' Westfall made a motion to direct the Local Health Officer to issue an Emergency Order to extend the Phase Out period of the Harvey County Health Reopening Plan until amended, superseded or rescinded. Ron Krehbiel seconded the motion. Motion passed unanimously. 9.3 Consider Resolution 2020-12, Authorizing Sale of General Obligation Refunding Bonds Kevin Cowan, Bond Counsel for Harvey County, spoke to the Commissioners about Resolution 2020-12 being presented for consideration. He explained that bond markets and rates are currently favorable to consider refinancing $2,420,000 of outstanding bonds to achieve a total estimated savings of about $371,000. 2020-12 - Authorize Sale of GO Refunding Bonds George 'Chip' Westfall made a motion to adopt Resolution 2020-12 as presented. Ron Krehbiel seconded the motion. Motion passed unanimously. 9.4 Consider Agreement with S&P Global Ratings Anthony stated that an updated bond rating for the county is needed prior to issuing bonds; the estimated cost is $12,000. Agreement with S&P Global Ratings Ron Krehbiel made a motion to approve the agreement with S&P Global Ratings, and authorize the County Administrator to sign the agreement. George 'Chip' Westfall seconded the motion. Motion passed unanimously. 9.5 Consider Work Order 270291221 with SCS Engineers for Services at the Solid Waste Department Justin Bland, Solid Waste Director, and Steve Linehan, SCS Engineers representative, presented information about a proposed plan that has been approved by KDHE to add two cutoff trenches to mitigate landfill gases. Solid Waste staff will dig the trenches and SCS will install the monitoring system for a cost of $21,000 or less. Work Order 270291221 with SCS Engineers George 'Chip' Westfall made a motion to approve Work Order 270291221 with SCS Engineers, and authorize the County Administrator to sign the agreement. Ron Krehbiel seconded the motion. Motion passed unanimously. 9.6 Open and Consider Awarding Bids for Walking Floor Trailer for Solid Waste Justin opened the two bids received for the purchase of a walking floor trailer for the Solid Waste Department. 1 -Walking Floor Trailer Warren Equipment Inc. Wilkens Industries, Inc. Base Price $72,000.00 $74,144.00 Delivery Cost $2,950.00 $1,750.00 Delivery Time 120-150 days 120 days Total (net bid) $74,950.00 $75,894.00 Walking Floor Trailer for Solid Waste Invitation to Bid George 'Chip' Westfall made a motion to accept the bids and award the purchase of one new 2021 walking floor trailer to Warren Equipment for a total price of $74,950.00 pending staff review of compliance with specifications and authorize the County Administrator to sign the purchase documents. Ron Krehbiel seconded the motion. Motion passed unanimously. 9.7 Consider Agreement with Advanced Correctional Healthcare Inc. for Medical Services in the Harvey County Detention Center Sheriff Chad Gay presented an agreement to extend the contract for medical services for consideration. This agreement extends the contract through September 30, 2021. Sheriff Gay stated that he plans to offer this contract for bid prior to its expiration. Advanced Correctional Healthcare Agreement George 'Chip' Westfall made a motion to waive the purchasing policy and approve the agreement with Advanced Correctional Healthcare Inc. for Medical Services in the Harvey County Detention Center in the amount of $260,736.13 and authorize the Sheriff to sign. Ron Krehbiel seconded the motion. Motion passed unanimously. 9.8 Consider District Court Virtual Court Project This item was deferred to a later date. 9.9 Consider FFY2020 ESG-CV Grant Award from the Kansas Housing Resources Corporation FFY2020 ESG-CV Grant Award Ron Krehbiel made a motion to approve acceptance of the FFY2020 ESG-CV Grant Award from the Kansas Housing Resources Corporation in the amount of $122,022 and authorize the Chairman to sign on behalf of Harvey County. George 'Chip' Westfall seconded the motion. Motion passed unanimously.

10. OTHER ITEMS OF BUSINESS

11. EXECUTIVE SESSION At 11:18 a.m. Ron Krehbiel made a motion to recess into executive session to discuss pending litigation pursuant to the exception in Kansas Statute allowing consultation with an attorney to discuss matters deemed privileged in the attorney-client relationship. The open meeting will resume in the Commission meeting room at 11:25 a.m. Those present will be the Commissioners, Anthony, Dan, Rick and Counselor Nye. George 'Chip' Westfall seconded the motion. Motion passed unanimously. At 11:25 a.m. George 'Chip' Westfall made a motion to recess into executive session to discuss confidential employee matters pursuant to the exception in Kansas Statute allowing the discussion of non-elected personnel matters. The open meeting will resume in the Commission meeting room at 11:35 a.m. Those present will be the Commissioners, Anthony, Dan and Counselor Greg Nye. Ron Krehbiel seconded the motion. Motion passed unanimously.

12. ADJOURNMENT The meeting was adjourned at 11:35 a.m