By JONATHAN ZWEYGARDT
Hays Post
While the lawsuit involving Ellis County and a proposed residential subdivision south of Hays was not on Monday’s agenda, the controversial issued once again reared its ugly head during Monday’s county commission meeting.
Commissioner Dean Haselhorst said a recent article on the growth in the city of Hays and in the county “really concerned” him. Haselhorst said he had a number of people reach out to him, including several realtors, who “talked in great length about how our county has not went anywhere since this lawsuit has been filed for the expansion south of Hays.”
“I guess whether we win this lawsuit or not, my opinion is we’re losing regardless,” said Haselhorst.
In November of last year a final plat of the proposed Blue Sky Acres residential subdivision failed to gain approval after the commission voted 1-to-1 on the issue. Commissioner Barb Wasinger recused herself from the matter because of a conflict of interest.
Commissioner Marcy McClelland voted against the final plat and said in a prepared statement that she was concerned about the impact six new septic systems would have on the environment.
About a month after the commission’s vote, property owner Mary Alice Unrein filed a lawsuit against the Ellis County Commission and Commissioner McClelland.
Haselhorst said he was also contacted by developers who expressed concern about the price of land and believe the current lawsuit is hampering development.
According to Haselhorst one developer said, “It’s hard for me to come to your county when there is a lawsuit going on. It looks like to me you are wanting to stifle growth in your own county.”
The developer also told Haselhorst that “Colby is growing to the west of you, but you guys are sitting there.”
Commissioner Barb Wasinger also came prepared to talk about the article and the lawsuit.
Wasinger said “the reason the county is not doing anything can be directly related to a problem with one of the commissioners who refuses to give more direction and who refuses to make logical decisions in this matter.”
Wasinger expressed frustration with what she sees as McClelland’s lack of direction regarding the use of septic systems and housing developments in the county.
“There’s not a person in the county, outside of the city limits, who could live out there if they didn’t have a septic system,” said Wasinger.
“If that’s the problem, where are we supposed to go from there?” Wasinger asked. “And when people are stifled from development, when they’ve jumped through all the hoops and they follow all the rules and then they’re stuck in court spending money, is unconscionable.”
When it comes to the question of who is paying for the lawsuit, County Administrator Phillip Smith-Hanes said the county’s insurance, through KCAMP, will cover a portion of the cost of the legal fees.
Smith-Hanes said there is a coverage limit and the county has not reached the coverage limit.
“It has not yet cost us anything other than our normal annual premium for all of our insurance coverage through KCAMP,” said Smith-Hanes.
He said they have about $7,000 left before the county would hit the coverage limit.
- In other business the commission approved a contract with Ben Moore Studios to remodel the building at 2507 Canterbury Dr. for $22,592.
- The Public Building Commission also approved a similar contract with Ben Moore Studios to remodel the building at 601 Main St. for $22,592.
- The commission also gave approval for the Public Works Department to help the city of Ellis with its chip seal street project.