Lyon County KS : COMMISSION MINUTES DECEMBER 1, 2016

LYON COUNTY COMMISSION MINUTES
DECEMBER 1, 2016

The Board of Lyon County Commissioners met in Action Session at 8:30 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:
Sam Seeley, Zoning John Robinson, Gazette reporter
Erin Starr, Dept. on Aging Janice Arb, L-CAT
Scott Jones, resident Steven Charapata MD
Randall Davis, resident Don Dix, resident
Linda Dix, resident Dustin Charapata, resident
Jay Davies, resident Ken Bazil, resident
Robert Whittington, resident Paul Taber, resident
Terry J. Hall, resident Jeff Sabins, RES
Shirley Thomas, resident Stanley Jones, resident
Martha Jones, resident Don Jones, resident
Kenneth Thomas, resident Harry Price, resident
Terry Price, resident Greg Downs, resident
Julie Downs, resident Brent Jones, resident
Heather Jones, resident Clint Woodrow, resident
Viola Heskett, resident Lillian Spellman, resident
Fred Spellman, resident Carl Antes, resident
Michael Briggs, resident John Briggs, resident
Mary Shephard, resident Kent Heerman, resident
Bruce Price, resident Dewayne Backhus, resident

Call to Order / Pledge of Allegiance

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

Motion: To Approve the Consent Agenda as presented: Briggs/Slater 3-0
a. Approve the Minutes of the 11-23-2016 meeting.
b. Approve Warrants Payable 12-2-2016 in the amount of $70,818.90
c. Approve Payroll Payable 12-2-2016 in the amount of $260,070.62.
d. Approve Payroll Withholdings Payable 12-2-2016 in the amount of $200,799.49.

Reports:
Commissioner Slater:
• Attended the Health Department meeting on Tuesday.
• Saturday I will be serving at the Red Stocking Breakfast.
• Next week is the Extension Office and Master Gardener annual meetings.

Commissioner Martin:
• Monday I met with representatives to discuss the Cottonwood River issue.
• I attended the Senior Citizen Advisory Council Board meeting.
• Monday I will attend the Master Gardener's Annual meeting.
• Wednesday I will attend the Extension Annual meeting also.
• Swearing in of newly elected officers is January 3rd at 10:00 a.m. in the Commissioner Chambers.

Commissioner Briggs:
• Receiving a lot of call regarding the proposed wind farm.
• I will also serve at the Red Stocking Breakfast on Saturday.
• I will attend the Master Gardener's Annual meeting.
• The Historical Society open house is Saturday.
• Tuesday is the Comprehensive Planning interviews.

Clerk Vopat:
• I will be serving at the Red Stocking Breakfast on Saturday as well.
• Next Wednesday evening I will administer the Oath of Office for newly elected officers during the Lyon County Extension Annual meeting.

Counselor Goodman:
• JEDAC meeting is Tuesday next week.
• RDA is next Friday.

Controller Williams:
• Sales tax numbers remain steady.
• I attended the Comprehensive Planning meeting.

Motion: To Appoint Patrick Weiderholdt to the RDA Board for a term expiring 12-31-19. Slater/Martin 3-0
Motion: To Appoint to Gretchen Russell to the Natural Resource Advisory Board for a 3 year term to expire 12-31-18. Martin/Briggs 3-0

Motion: To Appoint Sharon Bechtel to the Lyon County RSVP Advisory Council Board for a term to expire 12-31-18. Martin/Briggs 3-0

Erin Starr and Janice Arb presented Commissioners with a consideration of the 2018 KDOT Grant Approval.

Motion: To Approve the Letter of Support from the Board of Lyon County Commissioners, Lyon County, Kansas. Briggs/Martin 3-0

Motion: To Approve the Certification of Local Funding Sources for Capital Assistance. Slater/Briggs 3-0

Motion: To Approve the Certification of Local Funding Sources for Operating/Administrative Assistance. Briggs/Martin 3-0

Motion: To Approve giving Erin Starr Signature Authority to verify and sign application documents relating to the KDOT Grant. Martin/Slater 3-0
Motion: To move to Legal Attorney/Client Privilege Executive Session with Commissioners, Michael Halleran and Marc Goodman, to return at 9:30 a.m.
Martin/Briggs 3-0
Meeting reconvened at 9:30 a.m. with a request to extend the meeting for 10 minutes, to return at 9:40 a.m. Martin/Briggs 3-0
Meeting reconvened at 9:40 a.m. with information.

Break

Public comment: Jeff Sabins, RES commented on project details; a lifetime of 25 years; 28 million dollars to landowners and the county; construction time of 20 months; hiring local contractors; 130 person work force will provide a positive economic impact. RES is representing 42 landowners requesting the approval of the project. Steve Charapata 1938 Road Y commented: proponent of renewable energy by not in favor of the regulation of setbacks which reduce ability to join the project. He was asking for approval of the project and change the regulation from 1640 feet from property lines. Randy Davis, 1759 Road 270 comment he was in support of the project with setbacks regulations adjusted back to 750 feet. Dustin Charapata commented on the 1640' setback. He asked the Commission if the setback requirements were a way to destroy the project. Julia Downs on Road Y commented on the reason of the restrictions of the setbacks impacting the property values and building. She commented on the danger of the turbines icing up in the winter and the danger of the ice falling. She presented a diagram of ice drop and sound infractions. Ken Bazil, 1486 Road 180 commented in protest of the project. He asked for Commission to negotiate the tax advantages. Carl Antes, 1967 Burlingame Road, commented he thought this is premature, concerned about property values and asked for more research before deciding on this issue. He commented on the efficiencies, and according to law project owners don't have to pay tax on the plant. Questions on land taxation after turbines are built.
Ken Thomas of Road V commented he was against 1650' setback limitations.
Fred Spellman, Burlingame Road commented there was a lot of support for the project and commented he is against the issue. Terry Hall, Road 190 stated the personal property taxes will be capped if they install the windmills. Bruce Price, Road 200 asked about the corner cuts on property or keep the property intact. He commented on his disagreement of the companies running over the property owner and will commissioners stand up for the landowners. Carl Antes added he visited with those in Coffey County on road conditions. Will taxpayers carry the burden of maintaining the roads being used by project travel? Jeff Sabins, RES commented on the safety issues of ice throw and industry accepted practices of 750 feet. State and property taxes classification if it increases, RES covers. He stated surveys and studies have been done and road maintenance will be covered. Julie Downs added to please consider getting a certified copy of your property valuation now in defense of what may happen in the future. Bruce Price commented he was never in negotiations with RES. Clint Woodrow commented his feedback was one of improvement of property value due to the income produced from the wind farm and against the setback limitations. Jay Davies of Road 250 stated he was in favor of the project after much discussion and consideration of facts related to the wind farm. He was glad to hear from all the input from the affected community. The 1640' setback he was not in agreement with. Harry Price of Road X commented he was in favor of the project and disagreed with the noise level. He said the economic benefits all of Lyon County. Ken Bazil stated he understands why landowners are in favor due to income potentials. He said there would be an increase in rates to balance it out. Jeff Sabins, RES presented a map of the project area.

Sam Seeley presented Commissioners with a request to consider a Special Use Wind Energy Conversion System. He presented information of landowners supporting and those not supporting the project. Sam provided the comments and results from the Lyon County Planning/Appeals Board. According to the minutes of the meeting, Member Brosemer was not in favor. Member Phil Mott's reason was if the 1640 setback for homes is there it's good enough for project boundary setbacks also. There has been a petition filed of landowners who signed showing opposition. Commissioner Briggs stated his conflict of interest and stated he will abstain from any vote. Counselor Goodman said the motion did not display increase in setbacks. Counsel finds there are not distant requirements defined. The Board of Commissioners may: accept in full or part; disapprove in full or part; or return to further consideration to the planning/appeals board. Commissioner Slater stated he received a lot of calls and appreciated the polite conduct of those callers.

Motion: To Approve returning Application #2016040 back to the Lyon County Planning/Appeals Board for further studies of the request with emphasis on the 1640 foot setback, requiring reasons and justifications. Slater/Martin 2-0
Counselor Goodman clarified the motion content.
Commissioner Martin stated his appreciation of everyone's work and

Motion: To Move to NEP Executive Session with Commissioners, Janice Huffman and Dan Williams, to return at 11:00 a.m. Martin/Briggs 3-0
Meeting reconvened at 11:00 a.m.

Motion: To move to Legal Proprietary Executive Session with Commissioners, Marc Goodman, Michael Halleran and Sam Seeley, to return at 11:30 a.m.
Martin/Slater 3-0
Meeting reconvened at 11:33 a.m. with a request to extend the meeting an include Marc Goodman, to return 11:45 a.m. Martin/Briggs 3-0
Meeting reconvened at 11:45 a.m. with information and direction.

Motion: To Adjourn. Martin/Briggs 3-0

There being no further business before the Board, the next Action Session will take place on December 8, 2016.

Attest: Affirm:

_____________________________________ _____________________________________
Tammy Vopat Rollie Martin, Chairman
Lyon County Master Clerk Lyon County Commission