July 22, 2024 Monday, 5:30 p.m.
The Board of Bourbon County Commissioners met in open session with all three Commissioners and Deputy County Clerk Amber Page present.
Vance Eden, Michael Hoyt, Leroy Kruger, Jason Silvers, Clint Walker, Bonnie Smith, Bo Casper, Kyle Parks, Mike Wunderly, Deb Martin, Jean Tucker, and Christina Kruger were present for some or all of the meeting.
Jim opened the meeting with the flag salute.
Jim said he wanted to have the approval of June financials removed from the consent agenda as he had not had an opportunity to review them. Clifton made a motion to approve the minutes from 7-15-2024. Brandon seconded the motion and all approved. Patty Love, Treasurer, said that the financials need to be approved tonight as the quarterly report needs to be published to avoid audit violations. Jim asked why they received the financials later than usual and Patty explained that Jennifer has been out sick with COVID and that is why there was a delay. Patty said she isn’t asking for them to approve and sign something without reading it and asked the Commissioners to take some time at the end of the meeting to review the financials before approving them. Jim made a motion to approve the June financials. Brandon seconded the motion and all approved.
Mary Pemberton said there has been a lot of confusion about zoning and what it is, what it can’t do, how to implement it, and whether it’s a good of bad thing for the county. Mary stated that zoning does not apply to land used for agricultural purposes including the erection and maintenance of buildings on that land that is used for agricultural purposes and sited KSA 19-2921. Mary briefly outlined zoning that Labette County recently implemented which was zoning in all unincorporated areas of their county that they split into four zoning districts. Mary stated there were A1 and A2 that would cover areas outside of city limits that would be considered suburbs, V1 which is for little towns in the county and the fourth is for the large industrial park outside of Parsons. Labette County only places 11 restrictions of specific land uses and she outlined them and explained they require a conditional use permit which means that certain guidelines must be followed. Mary stated by state statute any use in existence at the time zoning is passed is grandfathered in the zoning. Mary said that the Commissioners have instructed the public to bring a petition to put zoning on the ballot, then bring a letter from an attorney, then a setback committee was formed, and last week there was mention of citizens getting a lawsuit or filing an injection. Mary stated the only was zoning can be enacted is by a resolution passed by the Commission who would then form a zoning and planning board and from there zoning policies would be written and multiple public hearings would be held where the public would be allowed to provide input before the final plan is adopted. Mary asked why the Commissioners keep insisting that residents jump through a bunch of hoops that are not really necessary? Jim asked if Mary thought the Commissioners should have a book put together before it is put on the ballot. Mary said in her opinion yes, that there should be some public meetings where zoning is explained so people understand what is you’re talking about doing because zoning can be fairly easy or get pretty detailed. Clifton asked if Linn County was committing a crime then since they require all new homes to have a permit. Jim said that the Commissioners could require building permits for a house or a special use permit for commercial. Brandon suggested putting in the resolution or wording on the ballot that if zoning were to pass that it would take the entire Board of Commissioners to add or take away from the regulations.
Michael Hoyt said he is heading up a petition to increase the number of Commission districts from three to five. Mr. Hoyt said that he received the number of signatures needed from the Clerk’s Office which is 621 and that the state statute requires it to be 5% of the registered voters. Mr. Hoyt questioned the number of voters registered in Bourbon County versus the population at the last census. Clifton said to contact Jennifer since she is the Election Officer and she will work towards figuring out the situation.
Justin Meeks, County Counselor, asked for an amendment to the agenda for an executive session for active ongoing litigation and acquisition of real property. Clifton made a motion amend the agenda to add an executive session. Brandon seconded the motion and all approved. Clifton made a motion to go into a 7-minute executive session under KSA 75-4319(b)(2) for consultation with an attorney for the public body or agency which would be deemed privileged in the attorney-client relationship and KSA 75-4319(b)(6) for the preliminary discussion of the acquisition of real property to include the three Commissioners and Justin Meeks and will return at 5:58. Brandon seconded the motion and all approved. Clifton made a motion to resume normal session with no action on either justification at 5:59. Brandon seconded the motion and all approved.
Brandon said this is his first year for budgets and requested adding another open work session. Jim said they have two scheduled in August and he will be out of town next week. Brandon said he will come in like he always does on Mondays and if any department head would like to meet with him to go over their budget he will do so. Brandon explained he cannot make any decisions but they can help him understand what they need and why they need it. Jim said they will have a work session on August 12 and August 19 and possibly a third in August. Jim said he is glad to see the committee is here tonight getting ready for another meeting. Jim said he liked Mary’s presentation and that she had a lot of good information. Mary thanked the Commissioners for allowing her additional time to speak this evening.
Jim made a motion to adjourn the meeting at 6:02. Clifton seconded the motion and all approved.
THE BOARD OF COMMISSIONERS
OF BOURBON COUNTY, KANSAS
___________________, Chairman
___________________,Commissioner
ATTEST: ___________________,Commissioner
Jennifer Hawkins, Bourbon County Clerk
7-29-2024 Approved Date