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Moratorium talk still blowing

Published on -2/3/2009, 12:09 PM

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By GAYLE WEBER

gweber@dailynews.net

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.

7 comment(s) found
What's the fuss: 2/3/2009
What is with Roseann Dreiling? Is this another round of JP type stall tactic. What is with opposition to a communication tower anyway, they are all over Ellis county. There is one here in Hays right along Hall street. People don't seem to concerned about it, look at the new bank we have, it even built right next to it and the town houses as well. Do you have a cell phone lady? Why the fuss?
(Posted by: Don't get it)
Raw Diehl: 2/3/2009
It will be laughable if Ellis County tries to stop wind and costs themselves tax money & it will be laughable if the ECEAC has to live with turbines. A deal is a deal. The permit was granted. To withdraw it under the guise of "no fairs we've got the majority commission vote now" is typically preposterous.
(Posted by: blown cover)
ECEAC: 2/3/2009
Are they just against wind or any development within the county? If someone doesn't want something near their property, do all they have to do is join the group to get it stopped? My neighbor leased his ground for oil exploration. Can I join up if they stake a well and get the drilling process held up in court or get it stopped?
(Posted by: Curious)
Questions: 2/3/2009
Where is Comm. Berens not following the law? By the way, read the paper, looks like our schools could sure use the funds with what the State has planned for the budget. What about the other citizens of Ellis County? I think the county needs to look at the greater good. Our schools could sure use some funds.
(Posted by: worried citizen also)
What is to be feared: 2/3/2009
As the wind industry courts counties, we will find commissioners such as Mr. Berens leading the charge in the race to the bottom. Mr. Berens understands was well as the next person that in a zoned county having a comprehensive plan is a state statute. He would readily break the law for monetary gain.
(Posted by: Reality check)
Poor leadership: 2/3/2009
I agree. Commissioner Berens is acting more like an Enron executive than a member of a legislative body. The number one fiduciary duty of our county commission is to follow the law.
(Posted by: Worried citizen)
Follow Your Own Laws: 2/3/2009
I fear that Mr. Berens has no respect for the law. The first duty of a governing body is to the follow law.Commissioners, do not let the money distract you from following the law. The county government is a legislative body not a corporation. Mr. Berens, please stop acting like a CEO and instead dedicate your energy to following the law.
(Posted by: Scared)

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