HUTCHINSON, Kan. — There was much discussion during Tuesday’s Reno County Commission meeting whether a protest petition against a conditional-use permit for an aggregate storage depot near Nickerson is valid or not and how the number of commissioners could affect the vote on the permit.
The matter comes after the planning commission recommended approval of the permit for Mid-States Materials. But a protest petition was filed that started the conversation as to whether the commission is made up of three members or five, and how that could affect a future vote on the CUP. The issue is important because the CUP Mid-States is applying for needs a super-majority to pass.
If the attorney for the protesters is correct, that would mean the commission would need four votes to approve the CUP. But the board is made up of just three members and won't be expanded until the next election in 2022. The attorney insists that the commission has been made up of five members ever since the public voted to expand the board. County Counselor Joe O’Sullivan argued that, since the board put expansion up for a vote and not by a public petition, the commission is not obligated to fill the two vacant seats until a special or general election is held.
If O’Sullivan is correct, the CUP would have to pass on a 3-0 vote. It ‘s similar to the CUP proposed by NextEra that was turned down for the proposed wind farm in the county on a 2-1 vote by the board.
While the board did pass a resolution that the protest was valid, it did not take action on the CUP. O’Sullivan says that matter will likely come up for a vote in December.
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