Barton County Commission meeting at a glance
Here is a quick look at what the Barton County Commission did Wednesday morning:
• Let stand the countywide burn ban. However, farmers were reminded that if they need to burn off ag land, they can contact their local fire chief for a possible exception.
• Approved a request for Larry and Sheree Marshall, dba Marshall Towing, to rezone property a residential area west of Great Bend to Industrial/Commercial so they can operate a auto salvage yard.
• Approved a conditional-use permit for the Marshalls regarding the salvage yard.
• Approved the renewal of the Active 911 subscription for Barton County Communications at cost of $3,675 for 300 devices countywide.
Dena Popp, 911 Director, said Active 911 is a digital messaging system used since 2015 that delivers alarms, maps and other critical information instantly to first responders. It also allows response efforts to be monitored in real time.
Used by emergency responders throughout Barton County, Communications has historically covered a portion of the cost with the other agencies covering the balance.
• Approved donating two UHF radio repeaters, one to Ellinwood and one to Claflin.
By September, 2022, the Communications Department will no longer be using the repeaters designed for tactical channels. The cities will use them for their Public Works departments and will assume licensing and maintenance.
• Approved the Noxious Weed Eradication Progress Report and Management Plan.
County Works Director Darren Williams said the Kansas Department of Agriculture is responsible for laws aiding in the control and management of noxious and invasive weeds in Kansas.
The KDA requires Kansas counties to submit an annual Noxious Weed Eradication Progress Report (outlining expenses, revenues and the budget) as well as a Management Plan.
• Approved an agreement with the Kansas Department of Transportation to spray noxious weeds along KDOT road right-of-ways.
The agency will pay $25 per hour for operator and $54 per hour for the spray vehicles, plus the cost of chemicals.
• Approved a bid to spray K&O Railroad right-of-ways.
The Noxious Weed Department regularly provides spraying services for area farmers, municipalities and railroads. The department has subcontracted K & O Railroad right-of-way spraying as the work has destroyed county equipment, particularly tires, in the past, said County Works Director Darren Williams. Noxious Weed received one bid, from Hydro-Chem Spray Services, for $2,890. The county acts as a pass-through agency in this effort.
• Approved joining the Kansas Natural Resource Coalition for 2022 at a cost of $5,000.
KNRC is a coalition of 24 counties and acts as a conduit between local, state and federal governments to promote balanced, necessary and effective administrative policymaking initiatives that help prevent federal government overreach that may negatively impact land use in Kansas countries.
• Held two executive sessions totalling 40 minutes to discuss “personnel matters of non-elected personnel.” Included in the sessions with the commissioners were County Counselor Patrick Hoffman and Operations Director Matt Patzner.
When reconvening in open session, no action was taken.
• Voted to accept $7,000 from the State of Kansas Formula Grant from the Department of Health and Environment, Bureau of Maternal and Child Health, for the Barton County Health Department,
Coming off a Tuesday afternoon meeting where the Barton County Planning Commission and tow truck operator Larry Marshall hammered out a compromise, the County Commission Wednesday morning OKed rezoning and conditional-use permit allowing Marshall to operate a salvage yard in a rural residential area west of Great Bend.
“This reminds me of why I am so proud to be a Barton County resident,” said commission Chairman Shawn Hutchinson, District 3, who attended the Planning Commission meeting a day earlier. “Because when neighbors get together, it doesn’t matter how far we’ve been driven apart, there’s always some common ground that can be found.”
In the end, the County Commission unanimously upheld the Planning Commission’s recommendation to approve Marshall’ requests.
The issue had become an emotional one pitting the Larry and Sheree Marshall against the nearby residents of the rural neighborhood. But, “after much discussion” those at the Tuesday meeting found the compromise satisfactory, said Environmental Manager Judy Goreham.
With the rezoning, Marshall agreed to shrink the scope of his salvage operation and surround it with an eight-foot galvanized tin fence, she said. He had originally sought to have the entire six acres at 514 SW 20 Rd. included.
Also, should use of the property change or if the land sells, it would trigger a review of the zoning status by the Planning Commission.
According to Goreham, under the conditional-use deal, within 180 days Marshall agreed to:
• Show proof or a salvage storage certificate from the Kansas Department of Transportation.
• Show proof of a salvage license from the Kansas Dealer Licensing from the Kansas Department of Revenue.
• Show proof of bonding and liability insurance.
• Limit access via only two gates.
• Submit a water and soil sample to show lack of contamination, and repeat this every three years.
• Marshall is required to come before the County Commission annually on the use permit to prove he is still in compliance.
• Violation of any of these could lead to the permit being revoked.
In all, there were nine conditions, the most Goreham has seen in such a permit.
The only real concerns about the plan came from District 5 Commissioner Jennifer Schartz, who was also at the Tuesday meeting. She stressed, though, she backed the compromise.
First, she was worried that the water and soil testing may be seen as punitive against Marshall. Second, she wanted to make sure an elderly friend of the Marshalls who resides on the property had time to find a new home (no residence is allowed in an industrial zone).
“I just want everybody to be treated equally,” she said of the testing. And, she didn’t want to kick someone out of their house.
She was assured both matters would be addressed.
District 2 Commissioner said they new not everyone would walk away with everything they wanted. But, she praised all involved for their hard work and cooperative spirit.
“We understand both sides,” she said.
Background
On Feb. 8., the Planning Commission held a courthouse public hearing to consider the request. Marshall sought to change the zoning from residential to industrial. so he could store abandoned vehicles for his towing business.
The proceeding was packed and heated with the overwhelming public input the area residents being against the rezoning. They didn’t want to live next to a salvage yard, and feared declining property values and vermin infestations.
Those comments, coupled with Environmental Manager Judy Goreham’s frustration with Marshall over his years operating a salvage business at the site without the proper permits, led to the Planning Commission’s decision to deny the request.
It was also the topic of a County Commission study session on Feb. 16. Goreham spoke of her ongoing problems and those living in the vicinity vocally addressed their concerns.
That was followed by the vote on Feb. 23 where the county Commission voted to kicked the rezoning plea back to the Planning Commission in what county commissioners called the most difficult issue they’ve faced in years.
The cast present at Tuesday’s Planning Commission meeting was a repeat of the public hearing. However, it was more subdued.
While there remained some animus from some property owners who didn’t trust Marshall to follow through, most were amiable with the deal, as long as Marshall holds up his end of the bargain.
