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Consultant hired to bridge gaps between groups

After Monday's go-round between Marion County Planning Commission members and Marion County Commission it is clear the two sides may never totally agree but possible compromises are in the works.

The commission hired planning consultant David Yearout of Baughman Co. P.A. of Wichita, to assist the commissions with planning and zoning issues. Attorney Jim Kaup also will be hired on an as-needed basis.

Yearout will be paid $75 per hour, based on 10 hours per month but more hours can be used, plus mileage of 44.5 cents per mile. There is no minimum monthly charge and Yearout said he typically doesn't charge for short telephone consultations.

"In my opinion, the planning commission needs legal opinion, not a planning consultant," said Bob Maxwell, planning commission member. He added the board already has a comprehensive plan and regulations but sometimes need interpretation of the law.

"In my opinion, I don't think we need legal counsel," said commission chairman Dan Holub. "We need a consultant to help with new ideas."

Commissioner Randy Dallke said he wanted a consultant who was easy to understand.

Marion County Sheriff Lee Becker asked if Yearout was the consultant who assisted with the county's addressing system. The response was he was the consultant. Becker said there were concerns with the system.

Planning commission chairman Eileen Sieger asked if she would have the authority to directly contact Yearout. Yearout responded that typically the county planning and zoning administrator supports the planning commission and board of zoning appeals and issues go through the staff person but he was willing to take calls from planning commission members.

Yearout added the planning commission does not do anything for which they need legal advice. He complimented the planning commission for being conscientious.

Holub said he used changes in zoning regulations as a platform when he ran for election two years ago and wasn't trying to "jamb it down anyone's throat."

Maxwell said the county is divided with the issue, 50-50.

"I don't see a consensus in the county," he said.

Holub responded that was why the commission was making smaller changes because there wasn't a consensus.

In a previous conversation, before Yearout's presence at the meeting, county planning and zoning administrator Bobbi Strait presented information regarding the planning commission having a consultant.

Strait said state statute or the county's bylaws indicated a consultant was required. The statute indicated the governing body (county commission) could hire one as deemed necessary.

It was pointed out again that Yearout was a certified planner and Kaup was not. Sieger said the county had a certified planner, Bucher, Willis, and Ratliff.

Holub asked Sieger and other planning commission members present why the planning commission and board of zoning appeals were the same members.

Sieger said it was allowable and always done that way. She added most counties do it in this manner.

— The gas monitoring wells at the former landfill site have been drilled, Strait reported.

— Strait reported she contacted landowners who were out-of-compliance with salvage operations, one being located in a county roadway. Dallke told her not to wait 45 days for a response from the operation located in the roadway, since it was considered a safety risk.

— A work session will be held Sept. 28 between the county commission and planning commission. Regular planning commission business will be held at 7:30 p.m., followed by the work session.

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