The Linn County Commission voted on Monday, Aug. 19, to prohibit developing solar utilities in the county. (Journal file photo)
By Charlene Sims, info@linncountyjournal.com
MOUND CITY – The Linn County Commission voted 2-to-1 to put prohibition of solar energy conversion systems (SECS) in the county’s zoning regulations during its meeting on Monday, August 19.
The county’s planning commission voted unanimously at its meeting on Tuesday, Aug. 13, to recommend to the commission to adopt the solar prohibition zoning regulation. That vote came despite a recommendation to delay the vote by County Attorney Burton Harding.
Harding had given this recommendation because Posinelli Law Firm, representing solar developer Clearway Energy Group, had asked them to investigate the corruption that seemed to be apparent from a Kansas Open Records Act (KORA) report that showed communication among commissioners and planning commission members before voting on the prohibition.
After listening to Planning and Zoning Director Darin Wilson read the resolution 2024-24 and hearing him recommend that they seek legal counsel prior to voting because he was not an attorney, the commissioners in a split vote approved prohibition of SECS.
“Is there any concern over the fact that it uses the comprehensive plan that was run through the mud and said was invalid?” Commissioner Jason Hightower asked his fellow commissioners. “Have they made changes to the comprehensive plan?”
Wilson said that the planning commission is required by their bylaws to go over the comprehensive plan yearly. He said he put it on the February agenda and the commission spoke about it and made no changes.
Hightower asked County Clerk David Lamb, “David, in the event of a lawsuit we have insurance through the K Camp, correct?”
Lamb replied, "Yes."
K Camp stands for Kansas County Association Multiline Pool which is a member-owned, member-funded self-insured liability pool.
Hightower asked what it covers.
Lamb said that he would have to get out the policy for the exact coverage.
Lamb continued, “Typical coverage on that is that it pays for half of the attorney fees.”
He said that he believed that if there was a monetary settlement the county would be responsible for that. It’s mainly the attorney fees that they cover a part of.
“There may be some more to it than that but we’d have to review the coverage document to get all those details,” said Lamb.
“I think as a commissioner, as a board, we’ve done our duty and allowed them to have their forums,” Commission Chair Danny McCullough said. “I think that we gave everybody the opportunity to talk. I feel like my job as a commissioner is to just be a line leader for the people that put me here, and I know exactly what they want. I attended the meetings and I would agree with their recommendation.”
Commissioner Jim Johnson replied, “I feel the planning and zoning went to great lengths to give the people the opportunity to speak and what went on. I’m good with their findings too.”
He continued by thanking the board for all the time they had spent.
“They went to a lot of time and effort with lots of meetings to determine what I think Linn County wants, through what I see Linn County wants,” said Johnson.
McCullough made a motion to accept their findings and their recommendation on prohibiting solar in Linn County. Then asked, “What kind of motion because we need it to be legal, right, to get it checked out.”
Wilson said that the motion would be to accept their findings and the new wording for Section 14.4 and to adopt resolution 2024-24.
Lamb asked, “Are you wanting to send it for legal review before you do the resolution?”
“I mean how should we do that?” asked McCullough.
The commission has been without a county counselor since Mark Hagen resigned the post abruptly nearly two months ago. Hagen has said his reason for leaving the county attorney post was that commissioners failed to follow his advice.
The county has been running advertising seeking a new county counselor, but no one has applied as yet.
Lamb replied, “That’s going to be up to what you guys want to do. I think it would be not an unusual thing to get some legal advice before you took a big step, but that’s still going to be up to the three of you.”
Hightower said, “I think we should get legal involved.”
Johnson said “I think we’re good to move on.”
McCullough asked, “What were our options? They’ve been the same since day one, right?”
Wilson answered, “You can accept it, send it back, table it, or adopt it.”
Johnson said, “It’s actually just putting a prohibition on solar.”
McCullough said, “Then my motion will stay the same. I’ll accept their findings and adopt resolution 2024-24 to ban solar in Linn County.”
Johnson seconded the motion, which received two votes. Hightower voted against the prohibition.
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