March 13, 2020 Friday 9:00 am
The Bourbon County Commission met in open session with all three Commissioners, the County Counselor and the County Clerk present.
Lynne made a motion to move the meeting to the first floor atrium to accommodate the amount of people at the meeting, Jeff seconded and all approved and the meeting was moved.
The following signed in at the meeting, (there were others present who did not sign in): Barbara Peine, Jordan Nielson, David E. Waters, Justin Poplin, Alan Claus Anderson, Jan Seested, Gloria Fischer, Hazel Swarts, Julianna Planelli, Tammy Helm, Michael Hoyt, Marilyn Flagg, Roy Dare, Anne Dare, Bobbi Kemna, Marla Koester, M. Keller, ? Keller, Jim Keller, LaNette Keller, Jocelyn Keller, Deb Martin, unreadable name, Mike Wunderly, Tim Emerson, Marita Meech, Deb Morter, Heather Herring, Darren Crays, Janet Beene, Angela M. Martin, Sara Conklin, Arlene Weber, Bill Lalman, Bill Keith, Janice Bailey, Ryan White, Clint & Rachel Walker, Bill Michaud, Joe & Ann Ludlum, two unreadable names, Rhonda Daylong, Robert Uhler, Rachel Pruitt, Mary Pemberton, B. Fischer, three unreadable names, Kim Simons, Ashton Simons, Greg Fess, Jackie Feagins, Bob & Judy Marshall, Steve Fortenberry, Chris Knapp, Jeff Spangler, Martha Jane Gentry, Kevin Huber, Abbi Huber, two unreadable names & Karen Kellenberger.
Lynne made a motion to go into a 5 minute executive session for Consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship, Jeff seconded and all approved, (the session included the Commissioners and Justin Meeks). After the session, Lynne announced that the Commissioners had been informed that APEX will proceed with our without the involvement of the Commission. Lynne stated that Commissioner Fischer’s views doesn’t necessarily represent the views of the Commission. Lynne made a motion to limit the discussion to 5 minutes per Commissioner, Nick seconded and all approved.
Justin Meeks gave the wind farm contracts to each Commissioner. Lynne asked if Justin wanted to explain why they were no longer allowed to go into executive session, Justin said he wanted to wait until Tuesday’s meeting.
Lynne made a motion to approve the Road Use and Maintenance Agreement, he asked permission from APEX to read the first paragraph of the agreement; APEX gave him permission. “THIS ROAD USE AND MAINTENANCE AGREEMENT (“Agreement”) is entered into as of this 12th day of March. 2020 (“Effective Date”) by and between the Board of County Commissioners of Bourbon County, Kansas (the “County”), a governmental entity in the State of Kansas, and Jayhawk Wind, LLC (Developer”), a Delaware limited liability company”), whose address is 310 4th St. NE, Charlottesville, VA 22902. County and Developer may each be referred to herein individually as a “Party”, and collectively as the “Parties”. For this Agreement, the term “Roads” means any County right-of-way, or other roads, alleys, or ways that are owned, operated, or maintained by the County, including, but in no way limited to, gravel, pavement, ditches, culverts, and bridges.” Jeff seconded and all approved.
Lynne asked APEX for permission to read the first paragraph of the “Contribution Agreement”, APEX gave him permission and he read the following: “ THIS CONTRIBUTION AGREEMENT (“Agreement”), dated as of March 12, 2020, is entered into by and between Jayhawk Wind, LLC, a Delaware limited liability company (“Developer”), whose address is 310 4th St. NE, Charlottesville, VA 22902, and the Board of County Commissioners of Bourbon County, Kansas, a governmental entity in the State of Kansas (the “County”). Developer and the County are hereinafter referred to individually as a “Party” and collectively as the “Parties”. Lynne made a motion to approve the Contribution Agreement, Nick seconded and all approved.
Lynne asked APEX for permission to read the first paragraph of the “Complaint Resolution Agreement”, APEX gave him permission and he read the following: “THIS COMPLAINT RESOLUTION AGREEMENT (this “Agreement”) is made and entered into this 12th day of March, 2020 (the “Effective Date”), by and between the Board of County Commissioners for Bourbon County, Kansas (“County”) and Jayhawk Wind, LLC, a Delaware limited liability company (“Developer”). The County and Developer are sometimes referred to herein individually as a “Party” and collectively as the “Parties”. Lynne made a motion to approve the Complaint Resolution Agreement, Jeff seconded and all approved.
Lynne asked APEX for permission to read the first paragraph of the “Decommissioning Agreement”, APEX gave him permission and he read the following: “This Decommissioning Agreement (“Agreement”) dated as of March 12 2020 (“Effective Date”) by and between Jayhawk Wind, LLC, a Delaware limited liability company (“Developer”), whose address is 310 4th St. NE, Charlottesville, VA 22902, and the Board of County Commissioners of Bourbon County, Kansas, a governmental entity in the State of Kansas (the “County”). Lynne made a motion to approve the Decommissioning Agreement, Jeff seconded and all approved.
Lynne asked APEX for permission to read the first paragraph of the “Development Agreement”, APEX gave him permission and he read the following: This Development Agreement (“Agreement”), dated as of the date last signed on behalf of a party, is entered into between the Board of County Commissioners of Bourbon County, Kansas, (the “County”), and Jayhawk Wind, LLC (“Developer”). WHEREAS, Developer intends to construct and operate a wind project with a currently projected total size of approximately 146 megawatts (“MWs”) of installed nameplate capacity in Bourbon County, commonly referred to as the Jayhawk Wind Energy Project, to be located on privately owned rural farmland within the County and consisting of wind turbine generators, meteorological towers, substations, collection lines, access roads, temporary construction areas, operation and maintenance facilities, and other infrastructures relating thereto (the “Wind Project”). Lynne made a motion to approve the Development Agreement, Jeff seconded and all approved.
Lynne made a motion to give all of the Commissioners the authority to sign all of the agreements, Nick seconded, Lynne asked and received permission from APEX to change the date on the agreements to March 13, 2020, (the date was changed to March 13), all approved and all of the Commissioners signed all of the agreements.
Rhonda Dunn asked if there was an explanation of what they were signing; Jeff said as mentioned they signed the Development Agreement, the Decommissioning Agreement, the Complaint Resolution Agreement, the Contribution Agreement and the Road Use and Maintenance Agreement.
It was asked for the Commissioners to explain the statement that APEX was coming regardless, Lynne said that APEX could explain this if they wanted to; Lynne said he had no comment.
It was asked what the amount of taxes would be if the hadn’t signed, the Commissioners were not aware of any taxes due if they hadn’t signed.
At 9:34 am, Lynne made a motion to adjourn, Nick seconded and all approved.
THE BOARD OF COMMISSIONERS
OF BOURBON COUNTY, KANSAS
(ss) Lynne Oharah, Chairman
(ss) Jeff Fischer, Commissioner
(ss) Nick Ruhl, Commissioner
ATTEST:
Kendell Mason, Bourbon County Clerk
March 16, 2020, Approved Date