The Lyon County Board of 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:
Zach Deloach, Gazette reporter                                     Tagan Trahoon, KVOE reporter
Chip Woods, County Engineer                                       Russ Reed, resident
Paul Dean, Putnam & Dean LLC                                    Karen McIlvain, McIlvain Law Office
Earl Murphy, resident                                                     John Young, resident
Jacob Knobloch, resident                                               Harold Ingles, resident
Darrell Thompson, resident

Call to Order / Pledge of Allegiance

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

Motion: To Approve the Minutes of the August 26, 2021, meeting. Briggs/Peck 3-0

Motion: To Approve Warrants Payable 9-3-2021 in the amount of $196,541.93. Peck/Briggs 3-0

Motion: To Approve Payroll Payable 9-3-2021 in the amount of $295,424.00. Martin/Briggs 3-0

Motion: To Approve Payroll Withholdings Payable 9-3-2021 in the amount of $212,173.04.
Martin/Peck 3-0

Appointments: no action taken.

Personnel changes: no action taken.

Permits: no applications received.

Commissioner Martin:
• Commissioners will attend a Department Head meeting following the Commission meeting today.
• The JEDAC meeting is next Tuesday.
• Received confirmation from the State of Kansas of the County Appraiser successfully completed the statistical performance standards.

Commissioner Peck
• I received several phone calls this week.

Commissioner Briggs:
• I also received a lot of phone calls this week.

Clerk Vopat:
• No report.

Controller Williams:
• Sales tax numbers are up from last month by $6,000. Average monthly sales tax is $258,954 compared to last year at $234,000.
• Submitted the ARP Quarterly filing with the State of Kansas.

Counselor Goodman:
• I will attend the JEDAC meeting next Tuesday.

Chip Woods presented Commissioners with a request to consider an entrance application in the 1860 area of Road G.

Motion: To Approve the Entrance Application for Michael Stuchlik in the 1860 area of Road G (Americus Road). Martin/Briggs 3-0
Note: The cost of the entrance will be paid by the applicant.

Motion: To move to Legal Executive Session for attorney/client privilege with Commissioners, Controller Williams, Counselor Halleran and Counselor Goodman, to return to commission chambers at 9:45 a.m.
Martin/Briggs 3-0
Meeting reconvened in commission chambers at 9:45 a.m.

Public comment: no one present.

Motion: To move to Legal Executive Session for attorney/client privilege with Commissioners, Counselor Halleran and Counselor Goodman, to return at 10:15 a.m. Martin/Briggs 3-0
Meeting reconvened at 10:15 a.m. in commission chambers.

Motion: To remove from the Table the issue of closing a portion of Road 30 at the intersection of Road C.
Martin/Briggs 3-0

Commissioner Martin asked for those present for their comments and opinion on the proposed road vacation. Paul Dean representing Russ Reed presented Commissioners with an Easement Agreement. Mr. Dean explained the agreement and asked Commission to proceed with vacating the road. This road vacation will deter trespassing and littering. Concern of future property owners was discussed. Karen McIlvain representing the Upper Verdigris Watershed District. Ms. McIlvain explained the retention dam needs for constant maintenance. Ms. McIlvain stated public interest will be affected by vacating the road and unfettered access. Gating and locking the access point will cause problems with those contractors who need to access entrance to the watershed and a possible liability issue if gate was left open. Ms. McIlvain also stated there is action by the landowner that could be taken to deter trespassers and asked Commissioners to not vacate the road. Counselor Goodman informed Commissioners of the legal reasons in which a road may be vacated. Discussion followed on access to the watershed.
Commissioners discussed the issues related to the vacation of the road. Commissioner Martin questioned Counselor Goodman on the statute and the related test required to vacate a road. Commissioner Briggs commented that he had hoped landowners would work this out. The fact that the road does not reach the watershed should be taken into consideration. Commissioners suggested parties work together to reach an agreeable easement.

Motion: To Adopt Resolution 24-21, a Resolution Vacating a Portion of Road 30 West of Road C, Pursuant to K.S.A. 68-102. Martin/Peck 3-0

Motion: To Adjourn from commission chambers at 11:15 a.m. Martin/Briggs 3-0

There being no further business before the Board, the next Action Session will take place on September 9, 2021, at 9:00 a.m. in commission chambers.

Attest: Affirm:

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