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:
Kay Church, resident                                                                  Don Johnson, resident
Robert Dreyer, resident                                                              Rita Dryer, resident
Debbie Johnson, resident                                                           Mary Shepard, resident
Monica Bond, resident                                                                Angie Houser, resident
Ken Bazil, resident                                                                     Jarrod Fell, Emergency Manager
Tagan Trahoon, KVOE reporter                                                 Jeanne Scott, resident
James Scott, resident                                                                Joe Foster, City Zoning
Roxanne Van Gundy, 911 Director                                             Jennifer Millbern, FHCHC
Josh Ballinger, FHCHC                                                              Fred Spellman, resident
Lillian Spellman, resident                                                           Jeff Cope, Sheriff
Jim Shepard, resident                                                                Jack Taylor, Fire Chief
Scott Price, City of Emporia I.T.                                                 Bill Harmon, Fire #8 Department
John Koelsch, Undersheriff                                                        Kent Heerman, RDA
Jeff Davis, BNSF                                                                        Warren Van Gundy, resident
Dale Delong, resident                                                                 David Delong, resident
Jennifer Rettiman, resident                                                        Phil Mott, resident
Alex Stall, BNSF

Call to Order / Pledge of Allegiance

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

Motion: To Approve the Minutes of the 10-24-2019 meeting. Slater/Briggs 3-0

Motion: To Approve Warrants Payable 11-1-2019 in the amount of $673,636.37. Briggs/Slater 3-0

Motion: To Approve Payroll Payable 11-1-2019 in the amount of $282,761.25.
Martin/Slater 3-0

Motion: To Approve Payroll Withholdings Payable 11-1-2019 in the amount of $206,688.30. Martin/Briggs 3-0

Appointments: no action taken.
Personnel changes: no action taken.

Permits: no applications received.

Reports
Commissioner Briggs:
• I received a few calls on the zoning issue. Appreciate the community involvement and sharing of information.

Commissioner Martin:
• Last Monday I attended the Council on Aging meeting.
• Next week is the JEDAC meeting.
• Reminder the Veteran’s Day Holiday is coming up.
• The canvass of the election will take place on Tuesday, November 12th.

Commissioner Slater:
• Also receiving a lot of calls on the zoning issue.

Controller Williams:
• Attended a housing study meeting this week.
• Meeting with Motorola representatives.
• Sales tax numbers are solid.

Clerk Vopat:
• The election process is going well. Tomorrow I will train election workers.
• The tax roll is complete, and the file has been transferred to the Treasurer for printing and mailing of the tax statements.

Counselor Halleran:
• No report.

Motion: To move to Legal Executive Session for Confidential Data with Commissioners, Sam Seeley, Dan Williams and Counselor Goodman, to return at 8:40 a.m. Martin/Briggs 3-0
Meeting reconvened at 8:40 a.m.

Joe Foster presented Commissioners with a request to consider a Minor Plat application outside the City of Emporia limits and an application for rezoning from Agriculture to Light Industrial. Commissioners discussed the need to send the plat back to be amended upon the recommendation of Joe Foster.

Motion: To return to the Planning Commission for a Minor Plat Application outside the City of Emporia limits within the Metropolitan Planning Area.
Slater/Briggs 3-0

Motion: To Table for 30 days to November 27, 2019, a Resolution Rezoning a certain area in the Emporia-Lyon County Metropolitan Planning are of Lyon County, Kansas from A-L, Agriculture District to I-1, Light Industrial District and amending the Metropolitan Area Planning Map to conform with said zoning. Martin/Briggs 3-0

Jennifer Millbern and Josh Ballinger presented Commissioners with the third-quarter Flint Hills Community Health Center report. Jennifer introduced new employee to the Health Center, Josh Ballinger. Jennifer also gave an update on the Health Center and reported on the services along with the financials.
Highlights in emergency preparedness: training, community lifeline-private partner sector; e-cigarettes. The financial status of the health center is positive as reported.

Jarrod Fell and Aaron Corcoran presented Commissioners with a request to consider the Motorola radio project contract and lease. Commissioners discussed the benefits of payoff cost and Dan Williams mentioned the costs will be paid from sales tax at large and carry-over from last years’ budget. Aaron added information on the implementation scope. Commissioners noted the importance of the safety for all community members including first responders, fire and police personnel.

Motion: To Approve signing the Communication System and Services Agreement between Motorola Solutions and Lyon County, Kansas.
Briggs/Slater 3-0

Motion: To Approve the Municipal Lease-Purchase Agreement between Motorola Solutions and Lyon County, Kansas. Martin/Briggs 3-0

Motion: To Approve $660,000.00 as a down payment to the Motorola Solutions Lease Contract to be paid from Fund 017-00-9011.
Martin/Briggs 3-0

Break

Public comment: Nicolette Edwards commented about the protest petition and mentioned there are over 125 signatures. Nicolette said there were a lot of people who did not know about this project. Nicolette said a vote in a change in zoning would be detrimental to the area. She added this a personal issue.
Lex Price commented in favor of the rezoning. He explained the ties to the area and the benefits to the area for example, the wind farm and the Westar peaking plant. Kent Heerman commented on letters of support from the community partners. Kent talked about the benefits that may come that would make a positive economic impact on the community. Mary Shephard asked Commission to not vote in favor of the zoning change until more specific details are available. Don Johnson voice his opposition to the zoning changes. Bill Barnes commented on his support and involvement in economic development for the future for growth of our community. Jim Shepard commented on the changes that may come. Angie Houser asked about the unemployment rate. Rick Edwards commented on water drainage issues with the tract and expressed his concern about the traffic and employment opportunities. Carl Antes discussed the Newton, Kansas hub that has not developed. He said the unknown is what is concerning to those in opposition to the project. Jeff Davis, BNSF stated he would be available for questions and explained they were approached by the regional development group.

Sam Seeley presented Commissioners with a request to consider Application #2019058, a request for a zoning change from Agriculture to Heavy Industrial by Price, Lex A & Janice M; Rev Trust. Sam discussed the past Planning Board decisions related to the zoning change consideration and the issues, i.e. water issue, noise, traffic, etc. Sam also noted the changes of the zoning to exclude a list of certain businesses. Counselor Halleran commented on the options of the County Commissioners, accept, reject or send back to the planning board for more information. Also, since there is a protest petition, it would require a unanimous vote by the board to more forward on this issue. John Rider, BNSF answered questions about if the land was leased from the Price family.

Motion: To Adopt Resolution 14-19, a Resolution Rezoning a certain area in Lyon County from Agriculture to “Heavy Industrial” and amending the county zoning map as adopted by Resolution 9-03, as amended, of Lyon County, Kansas, to conform with said regulation. Martin/Slater 2-1
Commissioner Briggs explained his decision to vote in opposition and noted that nothing has changed and he cannot support it without knowing what type of business that would be interested in developing the area.

Discussion from Counselor Halleran about case law and factors that should be considered. Commissioner Slater said he would like to see the economic development and explained the most importance of the zoning regulations. Commissioners Martin thanked everyone who attended the meeting. He stated he has studied this issue in depth and understands everyone’s opinions. Commissioner Martin talked about the history of Panhandle Eastern and their growth and development in the area. He also mentioned the growth of industry in the City of Emporia and Lyon County. Commissioner Briggs commented that the tract is very desirable. The big question is what will this tract turn in to? Need to consider a lot of factors. His concern is community support and community partnership. Commissioner Briggs voiced his concern in blanket zoning.

Sam Seeley noted that the planning/zoning meetings are coming up and encouraged people to attend. Commissioner Briggs added that there are openings on the zoning board for those interested in getting involved.

Motion: To move to Legal Executive Session with Commissioners, Sam Seeley, Controller Williams and Counselor Halleran, to return at 11:30 a.m.
Martin/Briggs 3-0
Meeting reconvened at 11:30 a.m.

***Commission decided the meeting during the week of Thanksgiving will take place on Wednesday, November 27th at 8:00 a.m.

Motion: To Adjourn. Martin/Briggs 3-0

There being no further business before the Board, the next Action Session will take place on November 7, 2019.

Attest: Affirm:

_______________________________________ ___________________________________
Tammy Vopat                                                         Rollie Martin, Chairman
Lyon County Master Clerk                                     Lyon County Commission