Moratorium talk still blowing
Published on -2/3/2009, 12:09 PM
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By GAYLE WEBER
Ellis County commissioners discussed the possibility of implementing a moratorium on wind development in the county again Monday.
Commissioner Glenn Diehl reiterated he would not support a long-term moratorium.
"There's no way I'm going to impact any ... future projects," Diehl said. "It would have to be extremely short-term if we decide on one -- less than six months."
The commission will continue to seek counsel about the issue from Russell attorney Dennis Davidson.
J.P. Michaud, representing the Ellis County Environmental Awareness Coalition, a group opposed to Hays Wind LLC's proposed project southwest of Hays, asked the commission to implement the moratorium and withdraw its issuance of a conditional-use permit granted to Hays Wind in July.
ECEAC member Jeff Wick made the same request Jan. 19.
Diehl, who was a founding member of the group, said he has been in talks with some of the wind developers in the county about how a moratorium would affect them. Most are in the data collection phase, which usually lasts more than one year.
"I'm definitely not in favor of anything long-term. That's counter-productive," Diehl said. "I don't want to send a signal to the wind developers that I'm anti-wind."
Commissioner Vernon Berens maintained he does not want to implement a moratorium. Berens said he thinks the economic effect is too great to delay development further.
Berens was in contact with other counties in Kansas about the monetary benefits from wind farms already in place. Some, including Gray County, dole out 50 percent of their stipends from wind energy to school districts.
"It would be awful nice to have our wind farms in place that we could give 40 (or) 50 percent ... to our school districts in the county," Berens said. "We've got a lot of possibilities that we can do with these monies."
In other county zoning issues, Rose Ann Dreiling asked the commission to review the county's zoning regulations regarding the re-filing of a conditional-use permit by RCC Atlantic.
"If a conditional-use permit is denied, it cannot re-apply within one year of the application being denied," Dreiling said. "In retrospect, it was denied."
The county approved the permit for the RCC Atlantic cell tower near Victoria in 2007. But after a challenge in district court, the county conceded the case because proper procedure was not followed according to zoning regulations.
The company has re-filed for a permit, and the Ellis County Joint Planning Commission will conduct a public hearing Feb. 25.
Dreiling said even if procedures are followed for the permit, she would like to see zoning regulations finalized before any such permits are approved. Commission Chairman Perry Henman agreed.
"The zoning administrator maybe shouldn't have accepted the application, but that's water under the bridge," Henman said.
County Counselor Bill Jeter said from his interpretation of the regulations, the permit was not denied nor did the company withdraw its permit request.
"From my reading of the zoning regulations, they can re-apply," Jeter said.









