The Board of Lyon County Commissioners met in Action Session at 9:00 a.m. in the Commission Chambers with the following people in attendance:
Rollie Martin, Chairman Doug Peck, 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 the meeting:
Don Johnson, resident Angel Cushing, resident
Melissa McAllister, resident Hope McAllister, resident
Tagan Trahoon, resident Phil Mott, resident
Linda Forbes, resident Lynn McAllister, resident
Fred Spellman, resident Amanda Cunningham, Crosswinds
Dennis Baysinger, Road & Bridge Viola Heskett, resident
Erica Waechter, resident Ann Fritz, Crosswinds Board
Sherry Knight, Crosswinds Jarrod Fell, Emergency Manager
Renee Hively, FCCHC John Howard, resident
Ray Zorn, resident Rose Zorn, resident
Call to Order / Pledge of Allegiance
Motion: To Approve the Agenda as amended. Martin/Briggs 3-0
Motion: To Approve the Minutes of the 1-14-2021 meeting as corrected. Briggs/Peck 3-0
Motion: To Approve Warrants Payable 1-22-2021 in the amount of $195,888.43. Briggs/Martin 3-0
Motion: To Approve Payroll Payable 1-22-2021 in the amount of $288,480.57. Martin/Peck 3-0
Motion: To Approve Payroll Withholdings Payable 1-22-2021 in the amount of $415,837.59.
Martin/Briggs 3-0
Appointments: Commissioners discussed board appointments.
Counselor Halleran presented the contract for the public health office and offered an explanation and content of the contract provisions.
Motion: To Approve the contract between Dr. Oyeladun Oyenyga for the position of the Public Health Officer. Briggs/Peck 3-0
Motion: To Approve the 2020 Annual Report from Emporia Township. Martin/Peck 3-0
Motion: To Approve the adjustment of mileage reimbursement to .56 cents per mile to mirror the 2021 state rate effective 1-1-2021. Martin/Briggs 3-0
Personnel changes: no action taken.
Permits: no applications received.
Motion: To Remove from the Table the Lyon County Zoning Regulations Application 2020013. Briggs/Peck 3-0
Commissioners discussed Application #2020013 related to the Lyon County Zoning Plan. Commissioner Martin gave a general overview of the zoning regulations and the history of the Comprehensive Plan. The plan has passed through the Lyon County Zoning/Planning Appeals Board. Commissioner Briggs mentioned the input from the community that was considered in the plan. Commissioner Peck commented on the hard work done by the zoning/planning board. Commissioner Briggs read the Lyon County Mission Statement. Commissioners recognized and thanked the board for their efforts. Commissioner Martin stated the plan is to preserve and protect the land and uses.
Motion: To Adopt Resolution 02-21, a Resolution accepting Application #2020013 and adopt the new Lyon County Zoning Regulations. Martin/Peck 2-1
Note: Commissioner Martin voted against the plan due to community confusion.
Discussion: Commissioner Briggs commented on the work of the board. There is a lot of confusion and misinformation in the community and would like the wording related to the bike trails removed from the plan. Commissioner Briggs supported the plan overall. Commissioner Peck commented on communication with the community and agreed with protecting the agricultural community. Commissioner Martin commented there will be a comprehensive plan for Lyon County which can be amended. He stated the Livestock Association was in support of the plan.
Public comment: Melissa McAllister thanked Commissioner Martin for voting no and talked about representation of the community. Melissa suggested the Commission is in violation of the law in the Lyon County Planning/Appeals Board in that members represent both planning and appeals. Sarah Henry commented on Commissioner Martin voting no. She asked what problem this new plan solves. She questioned some of the language in the plan. Sarah added there was no community support shown at the Planning/Appeals meetings. She questioned the restrictions implied in the plan. Gary Wilson commented on his decision to move to Lyon County years ago. He talked about the plan which was difficult to find on the Lyon County website and the wording in the plan. He asked if this plan has been implemented in other communities. Gary stated he feels this plan needs to be tabled. He noted articles from the local newspapers. Phil Mott thanked the board for their support of the zoning plan. He hopes the community will come to understand the true plan and recognize misperceptions. Phil looks forward to continuing work on the plan. Lynn McAllister stated he was not in support of the taxpayer dollars that were spent on the plan. Lynn agrees with zoning, rules and regulations. He feels the community has not been represented. John Alvarado commented on his farm and supports zoning needs to be brought to the public more openly. He voiced his appreciation of the no vote from Commissioner Martin. Ron Osbourn read an article from the paper and noted that there is a lot of confusion. Ron’s concern was there may be issues hidden in the zoning plan. Elaine Osbourn asked about the home rule which allows government to rule the community. Angel Cushing commented on the articles and her disappointment in passing the zoning plan. She commented that she will not back down and you will stay off her land. Erica Waechter thanked everyone for their work on the plan. She thanked Commissioner Martin for voting no. She mentioned the document is a working plan and the public needs to understand the plan can be changed. Melissa McAllister commented 98% of the community was not aware of the plan. She mentioned a joint plan will not be affective. Gary Wilson added there was information that needs to be translated. Arlen Briggs commented on the impact of the zoning plan. He suggested a legal justification is needed to verify the petitions that were submitted by the community. Fred Spellman asked why Lyon County is the first to consider this plan. Michael Fruit commented on the confusion of the plan. Why are there more questions than answers? He said the community needs more information. He wants to understand the wording in the plan. Commissioner Martin thanked everyone for their comments.
Chip Woods presented Commissioners with a request from the City of Emporia for a temporary entrance for the Evergy Substation on Road J and a resolution declaring certain roads minimum maintenance.
Motion: To Approve a Temporary Entrance for the Evergy Substation on the west side of Road J.
Martin/Peck 3-0
Motion: To Adopt Resolution 03-21, a Resolution Declaring Certain Roads under the jurisdiction and control of Lyon County as Minimum Maintenance. Martin/Peck 3-0
Amanda Cunningham presented Commissioners with the Crosswinds Counseling & Wellness Yearly Review and thanked the Commissioners for their continued support. Commissioners thanked Amanda and her staff for their very important work in the community. Ann Fritz commented on the good work being done.
Reports
Commissioner Martin:
• City/County meeting coming up.
• I will attend the Council on Aging meeting.
Commissioner Briggs:
• Fielded a lot of zoning calls and questions.
• There is a Fair Board meeting coming up next month.
Commissioner Peck:
• Attended the KAC zoom meetings.
• Received several calls on zoning.
Counselor Goodman:
• No report.
Clerk Vopat:
• No report.
Controller Williams:
• Met with IMA health care broker.
Renee Hively and Public Health Officer Dr. Oyenuga presented Commissioners with an update on the mass vaccination rollout. Jarrod Fell expressed his appreciation of county employees who volunteered to assist with the vaccination clinic. Counselor Goodman discussed the planning involved.
Motion: To move to Legal Executive Session for data exchange with Commissioners, Counselor Halleran, Controller Williams and Counselor Goodman, to return at 11:30 a.m. Martin/Peck 3-0
Meeting reconvened at 11:30 a.m.
There will be a Study Session in two weeks on February 3rd.
Motion: To Adjourn. Martin/Peck 3-0
There being no further business before the Board, the next Action Session will take place on January 28, 2021 at 9:00 a.m.
Attest: Affirm:
________________________________________ _______________________________________
Tammy Vopat Rollie Martin, Chairman
Lyon County Master Clerk Lyon County Commission
