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A civil lawsuit filed over protest petitions for wind farm project

Updated July 3, 2019; 1:10 p.m.

HUTCHINSON, Kan. — NextEra has filed an appeal of the decision by the Reno County Commission in regard to the protest petitions they received protesting the wind project proposed to be built south of Haven.

Next Era or Pretty Prairie Wind LLC., had sought a conditional use permit to build the wind farm in zoned and unzoned areas of the county.

After approving the protest petitions, the Reno County Commission voted 2 to 1 for the project to move forward, however, because the county accepted 46 percent of the petitions it received, it needed a unanimous vote which did not happen.

NextEra claims in its lawsuit that some of the petitions are not valid due to the method in which they were acquired. They also argue that many of the names on the petitions have illegible signatures with no printed name to verify their identity. Others they say were signed ny individuals that differ from the recorded property owner, are signed by an individual on behalf of a business entity or trust with no evidence they were authorized to do so. They also note some had inaccurate descriptions of the property seeking to protest the application or were signed prior to the Reno County Planning Commission hearing or prior to the planning commission closing that hearing.

All these should be dismissed according to the civil suit.

NetxEra wants to build an 83 turbine wind farm in southeast Reno County.

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HUTCHINSON, Kan. — NextEra has filed an appeal in regard to the protest petitions that were against the wind project.

NextEra claims in the appeal that some of the petitions are not valid due to the method in which they were acquired. The hope is to eliminate enough petitions that a simple majority vote is needed to approve a conditional use permit for the project.

NextEra had 30 days to file the appeal after a resolution was passed by the County Commission indicating that the permit failed to pass because a 3-0 vote was needed.
That unanimous vote was necessary because of the number of protest petitions that were filed.

The appeal is not a surprise to anyone and some feel that this matter will go a long way through the court system before any resolution is seen.

NetxEra wants to build an 83 turbine wind farm south of Haven. The project has been met with both opposition and support.

Council can’t come to agreement on South Main reconfiguration

HUTCHINSON, Kan. — After more than 2 ½ hours of discussion, the Hutchinson City Council could not come to an agreement to change South Main Street from Avenue C to Carey Park from four lanes to two.

The matter was placed on the agenda after Councilman Steve Dechant brought it up during the comments section of the last meeting. Both Dechant and Mayor Dave Inskeep wanted to pass the change during the previous meeting, but the other three council members refused to pass the change without hearing from owners along the corridor first.

The proposal brought a flurry of emails and other messages from businesses along the corridor who were — for the most part — against any change. Still, Dechant and Inskeep refused to adhere to the wishes of business owners and pushed to get some type of reduction in lanes passed. Dechant, who said the proposal was about having access to Carey Park for cyclists two weeks ago, backed off that statement during Tuesday’s meeting stating that he now wanted to do away with the bike lanes. His new proposal was to reduce South Main to two lanes, add a center turn lane and keep angle parking.

“It’s not so much that I was invested in a bike lane necessarily other than talking about aesthetics and walkability and making it a place for walkers, for people in cars and people on bicycles,” Dechant said.

Inskeep insisted that the road needed to be narrowed to two lanes as the most complaints about losing parking spaces under the change were unfounded. “We’ve heard from at least a handful that suggested that parking was the main factor, so I go back again the question has changed,” Inskeep said. “I think its .67 of a mile of asphalt that will not disrupt any of the parking. It won’t change, it’ll be exactly as it was.” The mayor added it would also slow down traffic, which would be a benefit to some businesses.

Councilman John Daveline said that Inskeep’s and Dechant’s refusal to approve the current configuration was a case of not listening to business owners. “I’m still very adamant about listening to businesses via email, telephones and this morning and nothing has modified or changed my plans,” Daveline said.

Daveline was backed by Councilwoman Jade Piros de Carvalho, who is a strong proponent of bike lanes and the Complete Streets concept, but stated, like Daveline, that the area was not a good fit. “I’m not against going against the status quo when it makes sense,” Piros de Carvalho said. “I feel like this isn’t maybe the most appropriate to have a pilot project.” Her comments came after Dechant said the reconfiguration should be tried and if it doesn’t work they can always change it back. Many business owners, like Tyson and Midwest Iron and Metal, were against the change because of the large amount of truck traffic that can tie up lanes. Others expressed concerns over traffic congestion and long lines due to waiting on trains in the area.

After all of the discussion, Daveline motioned to keep the street configuration as is. With Councilwoman Nancy Soldner absent, the vote was 2-2 with Inskeep and Dechant voting no. Soldner would have sided with Daveline’s motion had she been present.

Inskeep then made a motion to go with Dechant’s revised plan. That vote was also 2-2 with Daveline and Piros de Carvalho voting no. After another 30 minutes of discussion, it was determined that neither side would budge and an impasse was declared. With that, City Attorney Paul Brown stated that the contract for the project, which was approved by the council, would go on as planned. “You have a binding contract, you have no further action from the council as you could not achieve a three-person majority,” Brown said. “There’s a contract in effect . . . there’s no agreement to change it so we have a binding contract.” With that, the road configuration will stay the same.

The resurfacing and striping of the project is expected to be done in two to three weeks.

Siemens Gamesa wins retooling contract for Iowa wind farm

HUTCHINSON, Kan. — The Hutchinson Siemens Gamesa plant has been awarded a new contract from MidAmerican Energy.

Siemens Gamesa will supply the turbines for the Rolling Hills wind power project with 429.3 MW capacity.

The company will repower the project with 163 SG 2.7-129 and 18 previously sold SWT-2.3-108 wind turbines.

Rolling Hills is located in Adair, Adams and Cass counties in Iowa and currently features 193 SWT-2.3-101 turbines. The repowering project includes replacement of the blades, hubs and nacelles for all units, and top tower sections for the SG 2.7-129 units, Siemens Gamesa said on Tuesday.

MidAmerican Energy Company will start commissioning of the project in late 2021.

Siemens Gamesa has installed nearly 1,400 wind turbines for a total of almost 3.5 GW in Iowa alone. The blades for the project will come from Fort Madison, Iowa, and the new component from the facility in Hutchinson.

Ticket packages now on sale for Kansas State Fair

HUTCHINSON, Kan. — Tickets are now on sale for this year’s Kansas State Fair. Ticket packages include 10-day passes that can be used in any number on any day for the fair. The passes are $40, which saves fairgoers $60 over the regular price.

Family packages are also available for those who may not attend each day of the fair. The package includes four gate admission tickets, $20 in food tickets, 40 midway ride tickets and two four-ride punch tickets for the fair’s railroad, Ye Old Mill, boat rides on Lake Talbott and the big slide. The package costs $75, a savings of $60 off the regular price.

Other packages include a couples pack with two gate admission tickets, 20 midway ride tickets, $20 in food tickets and two roundtrip tickets on the sky ride. The cost is $40, a $35 savings. The fair is also offering a kids package for $20 instead of $31. It includes gate admission, $10 in food tickets, one coupon for a midway ride and tickets for the railroad, Ye-Old Mill, boat ride on Lake Talbott and the giant slide.

All ticket packages must be purchased by Sept. 5. Another ticket package this year includes a military discount of $4 gate admission for all active and retired military personnel and their families with military identification.

Petition started to push for Sunday liquor sales in South Hutchinson

SOUTH HUTCHINSON, Kan. — A South Hutchinson liquor store owner has started the process to put Sunday liquor sales up to a public vote.

Greg Dovel will begin collecting signatures of South Hutchinson residents that could put the proposal up to a vote in the November election.

Dovel tried unsuccessfully to get the City Council to pass a resolution allowing the sales just as he opened a new business selling alcohol and tobacco products.

Now Dovel has taken a petition before the County Elections Clerk. It was reviewed and approved. The petition also has the approval of County Counselor Joe O’Sullivan.

The petition has to gather 5% of those residents that voted in the 2016 presidential election. That means it needs 50 signatures.

The petition will need to be turned in and approved by the elections office by Aug. 16 in order to make the November general election.

Gambino’s recognized for service to law enforcement

SOUTH HUTCHINSON, Kan. — The South Hutchinson Police Department took time during Monday’s City Council meeting to recognize a local restaurant for its generosity during the officer-involved shooting in Rice County in April.

The two separate shootings wounded Rice County Sheriff Bryant Evans and Undersheriff Chad Murphy and resulted in a long standoff with the suspect near Sterling. That’s when Gambino’s stepped in, according to South Hutchinson Police Chief Dean Harcrow. “I contacted Gambino’s and told them the situation,” Harcrow said. “They did not hesitate whatsoever. They got in their car and went to Sterling, Kansas, and it was probably about 8:30 or 9 in the evening. They fixed 50 pizzas for the officers.”

Because of their service to the law enforcement officers on site, Harcrow presented the restaurant with a plaque that read: “With our greatest appreciation presented to Gambino’s Pizza for providing a meaningful service to the law enforcement officers responding to an emergency in Rice County in their time of need. The generosity and care that you showed was truly remarkable. Always remember that you made a difference.”

Not only did Gambino’s provide the pizzas for the officers, they did it free of charge.

National DeSoto Club bringing classic cars to Hutchinson

HUTCHINSON, Kan. — If you like classic cars, especially DeSotos, then there’s an event you’ll want to attend. The Chamber of Commerce announced Friday that the 34th Annual National DeSoto Club Convention will be in Hutchinson July 16-21.

On Saturday, July 20, the DeSoto Club Car Show will be in Carey Park from 10 a.m. to 3 p.m. The show is open to the public, free of charge and will feature local food trucks. The location of the car show will be on Carey Park Boulevard, east of Stremel Field and south of the skateboard park.

DeSoto Motor Cars were built from 1928 through 1961 by the DeSoto division of Chrysler Corporation.

Reno County Sheriff’s Department reminds county residents of fireworks restrictions

HUTCHINSON, Kan. — The Reno County Sheriff’s Department wants to remind residents in the county that fireworks regulations enforced by the city of Hutchinson also apply to those in the county.

The county adopted the rules in 2012 during the height of the drought. The city placed the restrictions on fireworks at an earlier meeting. That year, more than 50 grass fires and three structure fires were reported, including one that destroyed a home and its contents valued at $600,000.

You can shoot fireworks in unincorporated territory of Reno County from 8 a.m.-11 p.m. until July 4th. No flaming balls, nothing that emits showers for sparks higher than 6 feet. No bottle rockets.

The sheriff’s department says it did not make the rules but will enforce them.

Hutchinson Airport hangar project finally underway

HUTCHINSON, Kan. — A major construction project delayed by the rainy weather is finally underway at the Hutchinson Airport.

Dirt work began last week for the T-hangar project that will provide more private aircraft storage for the airport. It is one of several the airport wants to build. The hangar is located just south of Wells Aircraft near the intersection of 4th and Airport Road.

When finished, the building will store eight aircraft and allow for larger planes than the current facilities at the airport.

Funds to pay for the $495,000 project will come from rental fees and should pay for the hangar in about 15 years. Airport Manager Pieter Miller says space for the hangar is already spoken for with a waiting list.

Cheney and Kanopolis open with limited use for 4th of July

CHENEY, Kan. — Both of the popular lakes for area residents will be open this Fourth of July holiday, but with very limited use. Kanopolis State Park announced Friday it will be open starting Tuesday.

All utility campgrounds will be open with limited primitive camping in some areas. Buzzard Bay and Horsethief boat ramps are closed, and upper Horsethief road is still closed, along with the Sandy Shore and Sandplum primitive campgrounds. The park also announced it will not have courtesy docks accessible and no trail access.

At Cheney State Park, the lake is still about five feet above normal. Most of the east side of the lake is still closed off to camping, although some areas are open. The park says most available sites have already been reserved. There is some very limited boat ramp access, but it is at your own risk.

The marina is open but access is limited to the area. Because of the continued flooding in Oklahoma, the Army Corps of Engineers is keeping any release from Cheney down to a minimum.

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