Lyon County KS : COMMISSION MINUTES DECEMBER 29, 2016

LYON COUNTY COMMISSION MINUTES
DECEMBER 29, 2016

The Board of Lyon County Commissioners met in Action Session at 8:00 a.m. in the Commission Chambers with the following people in attendance:
Rollie Martin, Chairman Dan Slater, Vice Chairman
Scott A. Briggs, Commissioner Tammy Vopat, County Clerk
Marc Goodman, County Counselor Dan Williams, County Controller
Michael Halleran, Asst. Co. Counselor

Others attending part of the meeting:
John Robinson, Gazette reporter Bruce Price, resident
Rodney Sattler, resident Tammy Price, resident
Ken Bazil, resident Fred Spellman, resident
Lillian Spellman, resident Scott Jones, resident
Joe Fehr, resident Carl Antes, resident
Chuck Samples, KVOE Sam Seeley, resident
John Briggs, resident Paul Challender, resident
Jan Briggs, resident Jeff Sabin, RES America
Don Dix, resident Linda Dix, resident
Don Jones, resident Rene Jenkins, resident
Rod House, resident

Call to Order / Pledge of Allegiance

Motion: To Approve the Agenda as presented. Martin/Briggs 3-0

Motion: To Approve the Minutes of the 12-22-2016 meeting as corrected.
Martin/Slater 3-0
Motion: To Approve Warrants Payable 12-30-2016 in the amount of $61,187.38. Slater/Briggs 3-0

Motion: To Approve Payroll Payable 12-30-2016 in the amount of $272,810.69. Martin/Slater 3-0

Motion: To Approve Payroll Withholdings Payable 12-30-2016 in the amount of $178,337.42. Martin/Slater 3-0

Motion: To Appoint Gary Murphy and Tony Hagg to the Recreation District #1 for 3 year terms to expire 12-31-2019. Martin/Briggs 3-0

Motion: To Appoint Larry Bucklinger to the Metropolitan Area Planning Commission for a 3 year term to expire 12-31-2019. Briggs/Martin 3-0

Motion: To Appoint Julie Johnson to the Main Street Board for a 1 year term to expire 12-31-2017. Briggs/Slater 3-0

Personnel changes: no action taken.

Permits: no applications received.

Reports

Commissioner Slater:
• Attended the Health Department meeting on Tuesday.
• Also attended the Newman Regional Health board meeting.

Commissioner Martin:
• Attended the Newman Regional Health board meeting.
• Thank you to Lanny Linebarger for her service.
• Next Tuesday is the swearing in of elected officials.
• JEDAC meeting is next Tuesday.
• Next Thursday is the reorganization of the Board of Commissioners.
• Happy New Year everyone.

Commissioner Briggs:
• Attended the Newman Regional Health board meeting.
• Mental Health is a huge issue and we are seeking collaboration with Newman Regional Health and other partners to work together.

Clerk Vopat:
• Next week I will participate in a PIO meeting.
• Reminder that a reception for Lanny Linebarger is today from 2-4.

Counselor Goodman:
• Attended the Newman Regional Health board meeting.
• JEDAC is next Tuesday.
• I will address the Lion's Club next Wednesday.

Controller Williams:
• Attended the Newman Regional Health board meeting.
• I participated in a conference call with the Urban Collaborative meeting.
• Working on the year end process.
• The sales tax report is in and numbers are overall just lower than last year.

Motion: To move to Legal Attorney/Client Executive Session with Commissioners and Marc Goodman, to return at 9:00 a.m. Martin/Slater 3-0
Meeting reconvened at 9:00 a.m.

Tammy Vopat presented Commissioners with a request to consider adjusting the Fee Schedule for the Clerk's Office allowing for time and material costs to be covered for the moving permit process and increasing the fee from $10.00 to $75.00. This will cover the time and materials for both Road and Bridge Department and the County Clerk's Office.

Commissioners gave direction to Clerk Vopat to increase the Moving Permit Fee to $75.00 to cover the cost and materials involved in the permitting process.

Motion: To move to Legal Executive Session with Commissioners, Michael Halleran, Sam Seeley and Marc Goodman, to return at 9:30 a.m.
Martin/Briggs 3-0
Meeting reconvened at 9:30 a.m. with direction.

Break

Public Comment: Joe Fehr, 2652 Road P, stated that the purpose of the zoning committee on which he had served was to further the economy. His concern was of the setbacks and requirements. Rodney Sattler, Road V commented in agreement with Joe on possibilities of future speculations. He commented that Osage County passed their resolution and witnessed other areas showing new homes being built. He was against the setback limits of 1,640 feet but 1,000 was acceptable. Carl Antes, Burlingame Road, commented on the north county improvements making the top 10 issues. He added his appreciation in Commissioners keeping in mind the best interest of the entire county taxpayers. Carl mentioned the cost of electricity and asked Commissioners to look out for all of Lyon County in zoning issues. Jeff Sabin, RES America commented in the positive economic impact on the county, he added the topics of setbacks for the zoning board was for shadowing affects.

Commissioner Briggs made a statement that he had said in the past he was going to recuse himself. After research, an opinion was found to allow him to vote on the issue. Counselor Halleran read a Kansas Governmental Ethics Opinion regarding a conflict of interest related to Commissioners. There is no ethical violation involved.

Sam Seeley presented Commissioners with the Zoning Board comments and results of the board meeting minutes. Sam presented the request to consider Application #2016040: a request for Agriculture Conditional-Use 'Wind Energy Conversion System' by Reading Wind Energy, LLC lease holder of the following area: The proposed project is located in Lyon and Osage Counties approximately 10 miles northeast of Emporia, Kansas and consists of approximately 16,723 leased acres.

Motion: To Adopt Resolution 27-16, a Resolution requested by Reading Wind Energy, LLC, A RESOLUTION GRANTING A CONDITIONAL USE PERMIT (CUP) IN A CERTAIN AREA IN LYON COUNTY FOR A 'COMMERCIAL WIND ENERGY CONVERSION SYSTEM' AND AMENDING THE COUNTY ZONING MAP AS ADOPTED BY RESOLUTION 9-03, AS AMENDED, OF LYON COUNTY, KANSAS, TO CONFORM WITH SAID CUP AND CONDITIONS:
a: That Section 8.808 and all future versions, thereof, be followed.

b. A refreshed/renewal of the (CUP) permit to be done if construction has not started by the December 31, 2018 and (1) one additional refreshed/renewal would be required if construction has not started by December 31, 2020.

c. Setback requirements for wind turbines;
• Road Right of Ways - 1.5 x tip height (~750ft.)
• Occupied residences - 1,640 ft.
• Overhead Utilities - No setback for Low Voltage lines
1.1 tip height for 138kV+ Voltage lines
• Project Boundaries - 1.5x tip height (~750 ft.)

Briggs/Slater 3-0

Commissioners commented on the pros and cons of the proposed issue. Commissioner Slater commented on the economic impact on the county and recognized not everyone will be pleased with the outcome of the issue. Commissioner Martin commented on the extensive research done in preparation of this decision. He commented on the discussion of concerns about road and the PILOT and would suggest there be an educational session for the public to view and review details. He stressed the conditions in the resolution will protect the county from adverse issues. Commissioner Briggs commented on the conversation from both sides of the issues. There was a lease developed to ensure landowners will benefit. Commissioner Martin thanked the Zoning Board for their work. Commissioner Slater also commented on his appreciation of those who shared their concerns and comments.

Recess until 11:00 a.m.

Employee recognition ceremony. Janice Huffman welcomed employees and thanked them for their service and dedication to Lyon County. Commissioner Martin read the letter of appreciation presented to each employee.
Commissioners presented 34 Lyon County Employees with service awards for 5, 10, 15, 20 and 25 years of service.

Commission will not hold a Study Session next week.
Motion: To Adjourn. Martin/Slater 3-0

There being no further business before the Board, the next Action Session will take place on January 5, 2017.

Attest: Affirm:

__________________________________ __________________________________
Tammy Vopat Rollie Martin, Chairman
Lyon County Clerk Lyon County Commission