New Wind Application is an End-Run Around Zoning Law

The new wind energy application by Iberdrola uses a ‘cookie cutter’ approach to delineate carefully selected sub-parcels of land within legal parcels for a Conditional Use Permit. The intent is to deny neighbors their rights to a protest petition, a right they have already successfully exercised under zoning law.

The stated intent of zoning is the protection of the property rights and quality of life of all residents. There is a statutory requirement in Kansas for inclusion of a protest petition clause in all county zoning regulations. It is implicit in zoning regulations that CUP applications apply to complete legal parcels, or the protest petition statute would be pointless. Those seeking to host turbines are now essentially claiming to be their own neighbors, and trying to deny adjacent landholders their legal status as neighbors. Is this not unscrupulous?

Nowhere in our zoning regulations does it say anything about protecting people’s right to profit from any development that might happen to come along, as Gene Bittel would have us believe. He expressed concern about passing wind energy regulations that might harm someone’s (or his) ability to profit from turbines. He fails to understand that the purpose of zoning is exactly the opposite – to protect existing real estate investments and quality of life from unsuitable developments that will detract from their value and harm innocent people.

It is clear from the folly of the last zoning board meeting that at least four, if not five, of the board members are dead set on gutting the ordinance submitted by concerned residents to regulate wind energy. They won’t take an oath of office (as required by law) or publicly disclose their conflicts of interest (as explicitly stated in the zoning regulations they themselves adopted) because they are all planning to profit from wind turbines however they possibly can. They have consistently represented their own families’ financial interests instead of the interests of the people of Ellis County. And they certainly don’t want to change the 1,000 ft. setback because that would spoil their plans to eliminate a protest petition by pulling turbines back just a bit more than 1,000 ft. from their property lines.

Iberdrola’s new application seeks to circumvent the spirit and intent of zoning law and will certainly be vulnerable to legal challenge in district court. If the County Commission grants them a waiver for early submission and then approves this application, they will be exposing the county to the same legal action that will target Iberdrola.

Moral Imagination

The following has submitted by Jacinta Faber to the Hays Daily News. It has been slightly revised from the form that was posted on April 21.

A gentleman named G.J. Warnock described empathy as “moral imagination.” He viewed putting oneself in another’s shoes as one of the components of a moral compass leading to the good life. I am married to a philosopher, and as a family, we have spent many an evening around the dinner table discussing what living the good life means. When our kids were younger, our son tended to equate the good life with the number of toys he owned. His acquisitiveness was scorned by his older sister, who thought that there must be more to living the good life than acquiring things. She seemed to be more on the path of developing her moral imagination.

The industrial wind project is challenging the moral imagination of Ellis County. The situation reads as follows. First, there are one hundred plus families who are located in or on the border of the wind project and who feel threatened by having an industry located close to their homes. Second, we have land owners who want as many turbines as possible on their land to augment their income. Lastly, we have a wind company which is determined to place the industry in the same spot where a formal protest petition, as designed by law, was able to stop the first go around.

How can Ellis County use its moral imagination to resolve this conflict? Shouldn’t zoning take care of the situation? After all, as stated in the regulations, the chief purpose of zoning is, “To promote the health, safety, comfort and general welfare of the citizens of Ellis County, Kansas.” Can laws promote empathy in people? Much of the time we have selfish motives for keeping the law. We tend to keep to the speed limit to avoid paying a fine, not to expand our moral conscience.

In our zoning laws, for example, a 1000 foot setback for turbines from residences is required in Ellis County. If you have taken a trip east lately, you probably have seen the Smoky Hill Wind Project. The towers inspire awe in most people due to the incredible size of the blades spinning in the Kansas sky. Now imagine having one of those turbines 1000 feet from your doorstep, or as seen in the latest proposal from the Hays Wind Project, being surrounded by the turbines in every direction from your home. It would seem unwise to think zoning would stir our moral imagination.

What about the land leasers? One argument given is “It’s my property. I can do what I want with it.” Another is, “My Dad wants ‘em.” These arguments fall more in line with property rights and desire, but don’t speak to the “walk a mile in another man’s shoes” theology. In fact, the zoning chair is leading the consideration of the rules that could help determine the number of turbines he could profit from on his property during phase two or three of the project. He even went so far as to indelicately rub his fingers with his thumb (the money sign) when discussing the optimum setback to allow for the most turbines. Self –interest tends to dull the moral imagination.

Add to this, three more zoning commissioners with substantial interest in the wind project, aided by Iberdrola blowing hot air, and we now have a collective moral imagination dangerously close to withering on the vine.

Would a wind company like Iberdrola base its decisions for Ellis County on the Golden Rule? I doubt it, but if anyone has witnessed this in action, please let me know. Iberdrola would be a shoo-in for the number one spot in the Eight Wonders of Ellis County, if not the world. In reality, mega-corporations don’t become mega by doing good deeds, but by making mega profits.

This leaves us to our last resort: the county commissioners. It is time for them to use their moral imaginations. The law cannot demand that someone uses his moral imagination. The county commissioners are in the unique position to seek the welfare of the people of the county. They have been given an opportunity—and responsibility—through their elective office to exercise their moral imagination.

Jacinta Faber

Wind developers still circling like wolves

(Submitted to HDN, Apr. 15)

These days wind developers circle Kansas like packs of rapacious wolves with a never-ending thirst for tax-credits. Allaying themselves with short-sighted landowners, themselves blinded by dollar-signs, they tirelessly harass rural communities, threatening peaceful country residents with forced industrialization, visual and noise pollution, safety hazards, and an end to the peace and quality of life they had come to assume was their right to enjoy.

In her continuing quest to flog her environmentally disastrous wind project in Ellis County, Krista Gordon has requested a waiver of the one year waiting period for re-application on behalf of Iberdrola. Never mind that more than 50 % of residents in the project area don’t want it and have signed a legal protest petition to stop it. Never mind that her lies, misrepresentations and attempts to bribe local government are now common knowledge. Never mind that numerous members of the community are consumed in an ongoing discussion on how to regulate large scale wind energy projects to protect people and the environment. Much better for the windies if they can get a waiver signed by two stupid old men with the collective environmental consciousness of a bulldozer – before any regulations can be put in place by educated citizens truly concerned about protecting the community.

First it was all hush, hush – now it's all rush, rush. The only reason the windies oppose a careful, independent evaluation of the community impact of their project is they know it would never survive one. The only reason they oppose the development of a sensible wind energy ordinance to protect public safety is they have no intention of following regulations or being held responsible for their actions. It is time, once again, for every concerned citizen to stand up and speak out against this attempted rape of our county by a Spanish corporation.