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                                                         Scott A. Briggs, Vice Chairman
Dan Slater, Commissioner                                                     Tammy Vopat, County Clerk
Marc Goodman, County Counselor                                       Dan Williams, County Controller
Michael Halleran, Asst. Co. Counselor

Others attending the meeting:
Linzi Garcia, Gazette reporter                                                Chip Woods, County Engineer
Allison Garrett, ESU                                                               Phil Mott, resident
Angela Cushing, resident                                                       Gary Post, resident
Beverly Post, resident                                                            Kent Heerman, RDA
Tagan Trahoon, KVOE reporter                                             Jeff Davis, BNSF Railway
Roxie Van Gundy, 911 Director                                              Harley Heskett, resident
Sam Seeley, Zoning                                                               Lex Price, resident
Janice Price, resident                                                            Carl Antes, resident
Lillian Spellman, resident                                                      Fred Spellman, resident
Mary Shepherd, resident                                                       Rick Tidwell, resident
John Rider, BNSF

Call to Order / Pledge of Allegiance

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

Motion: To Approve the Minutes of the 8-22-2019 meeting. Slater/Briggs 3-0

Motion: To Approve Warrants Payable 8-30-2019 in the amount of $142,280.88. Slater/Briggs 3-0

Appointments: no action taken.

Personnel changes: no action taken.

Permits: no applications received.

Reports
Commissioner Slater:
• I attended the Flint Hills Regional Health meeting on Tuesday.

Commissioner Martin:
• I attended the Council on Aging meeting.
• Need to focus on getting good information to the community on zoning and planning. We are in the initial stage of the draft and will consider all input into the plan.
• JEDAC meeting is next week.
• Columbus Day, October 14th District Court will have vendors in the building to install computer equipment.
• September 6th is the Northeast Kansas County Officials meeting.
• I was unable to attend the Flint Hills Beef Fest.

Commissioner Briggs:
• I attended the Flint Hills Beef Fest.
• I talked with Connie Cahoon for the county contribution to the SOS building.
• Receiving a lot of calls about the proposed zoning plans. There is so much misinformation on social media and in the community, which needs to be corrected.

Clerk Vopat:
• We did a voter registration drive at the ESU Block Party and will also have a voter registration booth at the Great American Market next month.
• Working on budgets and preparing for the upcoming tax roll.
• I attended the PIO Quarterly meeting yesterday.
• I also attended the CIC software user symposium in Wichita last week.
• Next week is the Northeast Kansas County Officials meeting. 102 officials have responded.

Counselor Goodman:
• I received a reminder for JEDAC next Tuesday.

Controller Williams:
• Sales tax numbers slightly down from last month but still ahead of last year’s numbers.
• I attended the Flint Hills Beef Fest.

Chip Woods presented Commissioners with a quote for a loader repair.

Motion: To Approve the quote from Foley Equipment for repairs to the Cat 928G Loader D-129 for an estimated $43,661.66 to be paid from Fund 032-00-9001. Briggs/Slater 3-0

Dr. Allison Garrett presented Commissioners with an update on Emporia State University. Dr. Garrett thanked Lyon County for the support and scholarship dollars invested in the college. The new dormitory is open and full and the electric lines on Merchant Street have been buried. There is a lot of improvements happening on campus. Enrollment numbers increased from last year. ESU has record graduation numbers.

Motion: To move to Legal Confidential Data Exception Executive Session with Commissioners, Sam Seeley, Controller Williams and Counselor Goodman, to return at 9:30 a.m. Martin/Briggs 3-0
Meeting reconvened at 9:30.

Break

Public comment: Gary Post presented Commissioners with patriotic wall hangings for the 911 Department and the Sheriff’s Office. Phil Mott discussed the concern of misinformation on the comprehensive plan draft. Phil stated there was no misinformation given on his part. Commissioner Briggs responded that his name was brought up several times. He added that the comprehensive plan has been in the works for 3 years and he was insulted to be accused of thinking we would put in regulations for no barbed wire, permits on animals, etc. Please reach out and get the facts. Commissioner Slater added that everyone has an opportunity to give their opinions. Phil Mott added that some confusion came from the draft itself. He was not in agreement with several aspects of the draft. Commissioner Martin stated that he was at a meeting and asked for questions. A question was asked if all agriculture land in Lyon County will be changed to commercial. The answer is no, this plan is in its drafting stages and will be worked on intensely previously to the final draft.

Dan Williams presented Commissioners with the amended 2019 Lyon County Budget. The reason for amending the budget for the multi-year fund is to work on the emergency management radio project. The Road & Bridge Department fund will allow for added expenses due to the flooding this year. Commissioners spoke to the challenging year and good work done by previous Commission in keeping the county debt free.

Motion: To Approve Amending the 2019 Lyon County Budget for the Multi-Year Capital Outlay and Road & Bridge funds. Martin/Briggs 3-0

Public comment continued:

Sam Seeley presented Commissioners with a zoning application from Lex and Janice Price to consider a zoning change from Agriculture to Heavy Industrial. Sam explained the proposed plan, including stating the proper legal description. Commissioners asked several questions about the regulations of heavy industrial uses. Counselor Goodman asked how many different uses would be allowed. Sam responded that approximately 49 different uses that would be allowed which he stated. There are others that would require conditional use permits. If other uses were requested, it would have to be approved and added to the zoning regulations. Commissioner Slater asked about having no control in development once the zoning is changed. Commissioner Briggs asked for clarification from Jeff Davis about a certified site program. John Rider stated that the reason is to develop areas for various reasons. He also discussed the process. The only certified site is in Newton, Kansas. Once the site is certified then the land would be marketed for sale. Ken Heerman commented on the process. There would be several entities involved in predevelopment of the property. Commissioner Slater asked about the involvement if the site develops as a warehouse. Commissioner Briggs discussed the road improvement concerns. Carl Antes asked if there would be any restrictions on the route. His concern is the additional traffic and safety issues. Counselor Goodman stated the Commissions options for the application is to approve it as presented, reject it or send it back to the planning board.

Motion: To Approve Application #2019058, a request for a Zoning change from Agriculture to Heavy Industrial by Price, Lex A. & Janice M; Rev. Trust.
Briggs/
Motion fails for a lack of a second.

Motion: To Approve Returning the Zoning Application Request #2019058 back
to planning board for further study. Slater/Martin 2-1
Commissioner voted no. He stated he did not wish to delay but to move forward in the best interest of all parties.
Discussion: Commissioner Briggs would like further designations clarified to not kill the project. Counselor Goodman commented the zoning regulations are advisory. Commissioner Martin would like to have more control on what projects would be allowed in protecting our county.

Motion: To move to Legal Executive Session for Confidential Data Exception with Commissioners, Controller Williams and Counselor Goodman, to return at 11:15 a.m. Martin/Briggs 3-0
Meeting reconvened at 11:15 a.m. with information and direction.

Motion: To Adjourn. Martin/Slater 3-0

There being no further business before the Board, the next Action Session will take place on September 5, 2019.

Attest: Affirm:

_______________________________________ ____________________________________
Tammy Vopat                                                         Rollie Martin, Chairman
Lyon County Clerk                                                 Lyon County Commission