HUTCHINSON, Kan. — After declaring that a protest petition filed to stop the building of an aggregate storage depot near Nickerson was valid, the Reno County Commission will make a decision on a conditional use permit for the facility when it meets Tuesday.
The protest for the facility proposed by Mid-States Materials came after the planning commission recommended approval of the permit. The petition started the conversation as to whether the commission is made up of three members or five, and how that could affect the vote on the CUP. The issue is important because the CUP Mid-States is applying for needs a supermajority to pass.
The attorney for the protesters says the county commission is already made up of five members following the November election and to pass the CUP, the board would need four votes. Of course the board will not have five members until the 2022 election.
County Counselor Joe O’Sullivan argued that, since the board put expansion up for a vote and not the public, the commission is not obligated to fill the two vacant seats until a special or general election is held. If that’s the case, the CUP would have to pass on a 3-0 vote.
Tuesday's meeting of the Reno County Commission is at 9 a.m. at the Reno County Annex.
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