Minutes, January 22, 2007

ELLSWORTH COUNTY COMMISSIONER MEETING

MINUTES

JANUARY 22, 2006

The Board of Ellsworth County Commissioners convened this 22^nd day of January 2007 at the Ellsworth County Courthouse.

Members Present:

Albert W. Oller, 1^st District Commissioner

Kermit Rush, 2^nd District Commissioner

Terry L. Kueser, 3^rd District Commissioner

1. OPENING BUSINESS:

Chairman Rush called the meeting to order at 9:00 a.m.

Commissioner Kueser moved to approve the Agenda with changes. Commissioner Oller seconded the motion. Motion carried 3-0.

Commissioner Rush moved to approve the Minutes of January 16, 2007. Commissioner Kueser seconded the motion. Motion carried 3-0.

The following people were present for the meeting: Kayla Gray, Jean Schwerdtfeger, Dorothy Choitz, Peggy Svaty, Stephen Donley, Mary Jo Huseman, Virgil Huseman, Don Nienke, Betty Nienke, Gordon Homeier, Lisa Lindsley, Wayne Bohl, Lester Pflughoeft, Eric Bohl, Tracy Ploutz, Peg Britton, Laura Warta and Gary Wacker.

2. APPOINTMENTS:

Matt Gilhousen and Rob Freeman, representing TradeWind Energy, made themselves available to answer questions the Commissioners had about the Pilot agreement proposed by TradeWind Energy. The Commissioners expressed concerns about the county road and bridges that would be affected, the amount of in lieu of tax money being offered, a decommissioning clause and the setback needed from the county's right-of-way. Mr. Gilhousen and Mr. Freeman replied that they would be agreeable to an escrow account or bond to protect the county's infrastructure. In regards to the in lieu payment, they explained the project money was being divided between two counties and they felt the Ellsworth offer was in line with the amount being paid by other windfarm projects. In regards to a decommissioning agreement, Mr. Gilhousen stated that there were decommissioning clauses in the individual leasing contracts that should take care of that issue. The Commissioners felt, if needed, they could give a 500-foot set back from the right-of-way and Mr. Gilhousen felt that was workable. Mr. Freeman explained that with Lincoln County, they had two agreements; a Pilot Agreement and a Road Maintenance Agreement. They could do the same thing with Ellsworth County if they desired and will send a copy of the road agreement for their perusal. Mr. Gilhousen explained the interconnection sub-station will be located in Ellsworth County and would be owned by Midwest Energy. He is presently working on contracts for trucking and construction and will get the names of subcontractor to them once the contracts are let. They may have to have some driveways put in but their subcontractors will do them. As requested, Mr. Nondorf, Road & Bridge Supervisor, will supply them with a county road map and would be available for any questions or information needed during the project.

Rick Nondorf, Road & Bridge Supervisor, reported he had put a state salt truck on hold.

Doug McKinney, North Central Regional Planning Commission, and David Bailey, Post Rock Rural Water District, reviewed the CDBG water/sewer projects ratings. Seventeen projects were funded and unfortunately, Post Rock Rural Water District was not one of them. However, the water district has been able to make some money this past year and will try to do what they can without the grant funds. It is possible they will try again in the next few years to get a CDBG water grant. Mr. Bailey thanked the Commissioners for their cooperation and sponsorship in the grant process.

Tracy Ploutz, Sheriff, as requested by the Commissioners, discussed the number of automobile accident claims in the past three years as well as other liability. Sheriff Ploutz had talked with K-CAMP, our insurance carrier, and they felt that the automobile accidents were mostly deer accidents and unavoidable. On the liability issue, there is a potential claim out there and a reserve has to be held in case a claim is filed. Other than those two issues, Mr. Mann at K-CAMP felt Ellsworth County was doing well. The Commissioners encouraged Sheriff Ploutz to talk to the insurance company about any training that they feel would be helpful or needed. Upon the request of Sheriff Ploutz, Commissioner Kueser moved to go into executive session to discuss pending litigation from 11:13 a.m. until 11:30 a.m. Commissioner Rush seconded the motion. Motion carried 3-0. No action was taken,.

The Commissioners recessed at 11:45 a.m. until 1:30 p.m.

At 1:30 p.m. Chairman Rush called the meeting to order. Garfield and Sherman Township were on the Agenda to address their resolutions to the Commissioners on industrial windfarm devopment in the Smoky Hills. Approximately 80 citizens were in attendance for the meeting. Attached is a list of those attending the meeting.

The following individuals, representing Garfield and Sherman Township addressed the Commissioners in opposition to the development of the industrial windfarm: Virgil Huseman, Garfield Township, Zack Grothusen, Garfield Township, Rob Manes, The Nature Conservancy of Kansas, Steve & Elizabeth Donley, Garfield Township, Ron Klatasky, Audubon Society of Kansas, Wayne and Scott Bohl, and Rose Bacon. Mary Jo Huseman, Joan Bohl, Melinda Boeken and Anne Grothusen gave other comments in opposition.

Those speaking in support of the industrial windfarm were: Jim Warta, Walter Schwerdtfeger, Lawrence Choitz, Don Kihn Don Svaty and Gordon Homeier. Mr. Homeier did ask those who were there in support of the windfarm to stand and a majority of those in attendance stood.

Chairman Rush thanked the citizens for their input and would take all the material under consideration in making their decisions. However, he did note that their decision had nothing to do whether or not the windfarm was constructed as that decision was between TradeWind Energy and the individual landowners.

3. OLD BUSINESS:

Since Commissioners Kueser and Oller were not ready yet to make their appointments to the Smoky Hill Development Corp., the item was tabled until next week.

4. NEW BUSINESS:

Commissioner Kueser moved to donate $50 to each of the district high schools for their After Prom activities. Commissioner Oller seconded the motion. Motion carried 3-0.

Commissioner Kueser moved to approve the Health Department's Purchase Order 1062 for computers in the amount of $2,286.60. Commissioner Oller seconded the motion. Motion carried.

5. ADJOURNMENT:

Chairman Rush adjourned the meeting at 3:45 p.m.

 

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Janet L. Andrews, Ellsworth County Clerk