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Hays Wind might have to file turbine permit again
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By GAYLE WEBER
The definition of what constitutes a "minor change" in Hays Wind LLC's original development plan will have Ellis County Joint Planning Commission members thinking for the next month.
The commission discussed the issue at its monthly meeting Wednesday night, but decided that without proper legal counsel present and without more time to learn about the issue, a decision would wait until August.
Zoning Administrator Dale Wing has asked the commission to consider if relocated turbines in Hays Wind's proposed project southwest of Hays constitute a minor change in the development plan.
"The issue is if moving these towers is a minor change or not," commission chairman Bill Poland said. "If it's a minor change, then they do not have to re-file."
After the planning commission's determination, the Ellis County Commission will make a final decision on the development plan. If the county commission determines more than minor changes have been made, Hays Wind would be required to file a revised development plan for review by the planning commission. A public hearing could be required.
Planning commissioner Keith Campbell said he was uncomfortable voting on the issue Wednesday since information was not provided before the meeting and the issue was not listed as a separate agenda item.
"I think we should provide an opportunity to the landowners ... to be here to share their thoughts as to whether this is a major or a minor change," Campbell said.
Most planning commission members agreed there are six relocated turbines on the southeast side of the project that are causing the most concern. Some of those have been moved between 800 and 1,000 feet from their previous locations, according to Hays Wind attorney Mel Sauer.
Under terms of the mediated settlement, relocated turbines had to remain 2,000 feet from residences that were not participating in the wind project. According to Sauer, that requirement has been met.
Sauer, Wing, County Counselor Dennis Davidson and former Hays Wind project manager Krista Gordon met in March to review the relocated turbines, and at that time, Wing said the four agreed only minor changes had been made to the development plan. However, it will be up to the planning commission to decide if the relocations have constituted a minor change.
"There is no definition of what is a minor change," Poland told planning commission members. "Gentlemen, you are going to have to develop in your mind what a minor change is. ... I understand you being uncomfortable with that, but that is something you are all going to have to do."
The planning commission next will meet at 7 p.m. Aug. 25.
In other business, Bill Poland was appointed chairman and Paul Baier vice-chairman for the next year.
What is a minor change? Well, let's see, since our commissioners seem to find this term so baffling. Obviously, we all know what change means. This would be a change.
So, now let's look at the term "minor." One defintion of minor would be, "Lesser in importance, rank, or stature." Is this a change of lesser importance, then, is the question. Well, yes, it is. How could it be considered anything else?
I understand that this minor change is like a mosquito bite in the arm of some gung-ho commissioners. However, this is ridiculous. The clause that was included regarding "minor changes" was put in to prevent abuse of the development plan. One little "minor change" here, another little "minor change" there, and you've got a completely different plan. Is this the case here? Probably not. However, acting like the commissioners need to decide if this is a minor change is an insult to this community.
Yes, this is a minor change. The question is whether the commissioners are going to choose to do their job. Are they going to live up to their positional obligations and treat it as a "minor change," which makes the permit have to be refiled, or if they are going to simply do what they want when they want.
Their major opponent has passed, and now they feel they can run away with the county. Shame on them.
(Posted by: Augusta Rose)
: 7/29/2010
As an business owner and employer I have to ask myself - Why would I want to open up a business in this area if the people who run things are not progressive.
(Posted by: )
Throw out zoning?!: 7/29/2010
Are you insane? Zoning is an essential protection that is put forth to serve all existing property owners and inhabitants. It is for exactly these types of situations that zoning was intended. Without zoning, one could easily end up with a garbage dump next to one's house or a landfill right next to a feedlot. The rights of the citizens must be protected.
(Posted by: Also a member of this county and want my rights preserved)
Why?: 7/29/2010
Why are you blaming the commissioners for Iberdrola's ineptitude? This is a clear case of a corporation screwing up so many times, it has lost track of its purpose. Iberdrola could not even complete an adequate wind study! Iberdrola is playing the citizens of Ellis County for fools and judging by the comments, Iberdrola is succeeding.
(Posted by: A very bad corporation)
Hmmmm: 7/29/2010
What a bunch of crap...another delay in progress....Just get rid of the darn zoning..nothing but confusion, chaos, and a bunch of griping going on...Ellis County has not a clue what Zoning is for. They should define it in their handbook Zoning: We don't know what it is and what is does, but it sounds good and some others have it. Here are the regulations that we will put into place, unless it causes a scuffle, then we will change them to suit our ideas instead of the majoriy. Because you know, in Ellis County Kansas, the majority isn't good enough! Oh, and signed by the two who haven't a clue.
(Posted by: Member of this county)
Tell you what....: 7/29/2010
Why don't we just wait until January when we get a pro-growth, pro-wind, majority on the county commission. Then we can solve this problem once and for all. If we have to throw OIlpatch Dealin' Diehl out too, we can do that.
(Posted by: Dealin' with Dummies)
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