NO MEETING WAS HELD ON

JANUARY 22, 2007



                                     FORD COUNTY ZONING BOARD MINUTES
                                                            February 26, 2007
                                                                       7 p.m.
                                         Commissioner Conference Room, 1st Floor
                                                  Ford County Government Center

Members Present: Ric Marboeuf, Grant Powers, Josie Lix, and John Mullen

Member Absent: Scott Vander Hamm

Staff Present: Mark Shriwise and Missy Drake

Special Guests: Steve Collins (APAC), Mike Weber, Dalbert Holman, and Delmert & Marie Kolbeck

Approval of Meeting Minutes:
      Previous meeting minutes from the November 27, 2006 were approved with motion being made by Ric Marboeuf
      and seconded by John Mullen. Motion carried.

Hearing Procedures:
      Grant read the Ford County Zoning Board Hearing Procedures.

Public Hearing:
      Case #07-01: APAC/ Shears Conditional Use
            · Grant requested that Mark give the staff recommendations

STAFF RECOMMENDATIONS:
      Case # 07-01: Gladden- APAC/Shears Conditional Use and Development Plan:
                                 Expansion of asphalt and aggregate business.
      Address: 11188 Bypass 56, PO Box 668 Dodge City, Ks 67801
      Location Description: Location is located on the tract of land generally described as Part of Lots 4 5, Block 2,
      Gladden Addition #2 a Tract in Govt. Lot 1 the SE/4 of the SW/4 of Section (32) Township (26) Range (24) ;West of
      the 6th Principal Meridian in Ford County, Kansas.
      Township: Grandview
      Flood Plain: Zone A
      Zoned: 28.9 Acres

COMPREHENSIVE PLAN COMPATABILITY:
      This development is compatible with the objectives of the Ford County Comprehensive Plan. The application is for an
      industrial use in and Industrial/Ag area, and is within the desired growth area of Dodge City. No substantial change is
      proposed.

SURROUNDING PROPERTY USE:
      The surrounding use is Industrial/Ag in nature and has been so for some time. To the east lies Ag land. To the west is
      a viable commercial establishment. To the north is Ag land. To the south is the Arkansas River and a dense
      residential non-conforming use.

RECOMMENDATIONS:
      Follow Floodplain requirements (if any) and permitting requirements with state and federal regulations.

      Follow 1999 Development Plan and Current Development Plan

      Landowner Concern: Have drainage controls to prevent flooding on existing subdivision (Anderson Addition and
      Wilkinson Addition.
      46. Quarrying, mining, and removal of sand, gravel, stone, coal or topsoil and the processing of the same, including
      asphalt and concrete plants, provided:
               a. All quarries and mining operations and asphalt and concrete plants shall be screened by a method approved
                    by the Governing Body when the same are within ¼ mile of any residential dwelling.
               b. The applicant shall provide an approvable method for dust abatement on all unpaved interior roads if any part
                    of the operation is located within ¼ mile of any residential dwelling.
               c. Where applicable, a maintenance agreement between the applicant and the County shall be required to
                    maintain the roads that provide the ingress/egress to the operation.
               d. All areas quarried or mined shall not endanger the lateral support of abutting or adjoining properties. A
                   minimum setback of 100 horizontal feet from any road right-of-way and 30 horizontal feet from all other
                   property lines, measured on the surface, must be maintained free of any quarrying or mining activity, either
                   surface or subsurface. The setback areas may be used for the erection of berms or other screening features
                   required by the Conditional Use Permit.
               e. A plan for reclamation of the site shall be prepared and submitted as a part of the application. The plan shall
                   indicate a timetable for the reclamation to the proposed use of the site and a general plan of the proposed
                   use. The reclamation plan submitted shall be binding only to the extent that said plan shows the intent of the
                   applicant for reclamation. The actual reclamation plan may be amended at such time that the applicant is
                   ready to begin such reclamation; however, the amended plan must be approved by the Governing Body
                   before reclamation work may begin. Said approval of a revised reclamation plan shall require a public
                   hearing under the same procedure as the original Conditional Use Permit.
                f. No building, equipment, quarry products or other materials shall be erected or stored within 100 feet of any
                    property or right-of-way line.
               g. A copy of the annual survey of mining operations, as required to be filed by State law with the State, shall
                   also be filed with the Governing Body. Said annual survey applies only to underground mining activities, not to
                   open pit mines or quarries.

      After a 14-day protest period has lapsed, this case will be presented to the Ford County Commissioners on March
     19, 2007along with the recommendation of the Zoning Board. This will be a report only, not a public hearing. If you
      wish to protest the decision made by the Zoning Board, please contact Mark Shriwise, Zoning Administrator at (620)
      227-4739.

            · Steve Collins (APAC/Branch Manager) addressed the board. He explained how the extraction that will done
               is the same as the dry screen. The company will not go below any water level. Operations stop when moisture
               gets slightly above 20%. What will be extracted will be for inner company use only. The high clay content makes
               the sand not available for sale.The berms we have on our existing pits have been in placed for quite a while. We
               are governed by the mine safety health act, which is the mining business over site. The act establishes certain
               factors. We have to contain safety for traveling public, when the traveling public is inclusive of us. They do not set
               a designated safety slope or anything. We just have to prevent any equipment or vehicles from traveling
               somewhere or possible over into a pit. We fenced the remaining portion of our property off. We have intended
               finishing the east side and north side after approval so it will be all fenced in. The landowners have very
               legitimate concerns with the drainage. It is a matter of using fencing thru this area or a low sloping downwards to
               the bottom of whatever the pit elevation will be. This is something we can work on.
            · Mike Weber (Landowner) Concern with the water drainage. It is bad the way it is and does not want the
               problem to be compounded. Mr. Holman property is a low lying area and the water just stops right there.
            · Delmert Kolbeck (Landowner) The sand and gravel in that strata if ever the river comes up the under flow
               comes up right there and we have a mosquito breeding ground. It has been that way. The more you bare that
               over burden and you take that off there nothing but a swamp and that drains from the airport all the way through.
               This hasn’t happen in quite a while but is possible.
            · Dalbert Holman (Landowner) Concern that the drainage is not restricted. We have problem enough with deep
               water running down Prairie Lane. If we have more restriction on the drainage it could back up enough to get into
               the basements.
            · Grant asked Steve if they were intending to put a berm up on the north side.
            · Steve informed the Board and the Landowners that after seeing the concerns of the landowner he didn’t see how
               they could. APAC would work with them to make sure the pit does not cause more problems with the drainage
               to the north.
            · Grant said, as he understood it that APAC would work with these landowners and not do anything on the north
               side that would stop the present flow of water.
            · John made motion to accept with the condition that APAC would work with the landowners and no berm would
               be built to the north.
            · Jose 2nd motion and motion carried.
            · Grant announced the board has to vote on written ballots for record only.
            · Mark read ballots 4 in favor and none opposed.
            · Grant announced that the Case would go before the Commissioners on March 19, 2007.

New Business:
      Updating Flood Plain Maps
            Mark told Board about a Meeting for updating the flood plains maps has been scheduled for March 6, 2007 at
            1:30 pm if any body wanted to attend. This was being held by the AMEC.

      Cases Coming before Zoning Board on March 26, 2006
            a) Dial Renewable Fuel applied for Conditional Use for property located around 10469 Hwy 50, Dodge City, Ks.
                67801.

            b) Carol Slovacek wants to put in a Kennel. The land is located on 123rd Sec(13) Twp( 26) Rng( 23). Does not
                 have a 911 address. English Farms Inc is the land owner.

      Spearville Wind farm is getting a new monitoring tower

Old Business:
      None

Notices & Communications:
      None

Reports:
      None

Adjournment:
      There being no further business to come before the Zoning Board at this time a motion of adjournment was made by
      Ric Marboeuf and seconded by Grant Powers. The motion passed unanimously and meeting adjourned at 7:50 p.m.


______________________________                   _______________________
Grant Powers Junior Vice- Chairman                       Mark Shriwise, Secretary



                                  FORD COUNTY ZONING BOARD MINUTES
                                                          March 26, 2007
                                                                  7 p.m.
                                           Ford County Government Center
                                                        Rose Room, Basement


Call to Order: Meeting called to order by Grant Power (Acting Chair-Person) at 7:00

Members Present: Ric Marboeuf, Grant Powers, Josie Lix, and John Mullen

Member Absent: Scott Vander Hamm

Staff Present: Mark Shriwise and Missy Drake

Special Guests: David Wehner (Dial Resources, L.L.C.), Carol Slovacek (Kennel Operations) and 35 people in
      audience (List of names are located with minutes at Ford County Planning, Zoning, Environmental Health Office in the
      Ford County Government Center


Approval of Meeting Minutes:
      Previous meeting minutes from the February 26, 2007 approved with motion being made by Ric Marboeuf and
      seconded by John Mullen. Motion carried.

Meeting Procedures:
       Grant read the Zoning Board Hearing Procedures

Public Hearing:
       Case #07-02:Dial- Ford County Bio-Renewable Biofuels
              Grant asked if there was a representative for Dial in the Audience
                    ·David Wehner (Dial Resources, L.L.C.) – I come before the Board with the plan to build a bio fuel
                    campus. We have the intent to build this in a three-stage phase. Phase one is to build a 113.4 million gallon
                    ethanol plant. This is what we are specifically coming before the board with tonight. The plan is designed to
                    meet all the requirements for local and state government. There is enough space, value, and resources in
                    Ford County to have multiple ethanol and bio fuel facilities.
                   ·Using power point Mr. Wehner at this time had some diagrams showing the various aspects of the plant.
                   ·Phase one shows the 113.4 million gallon ethanol plant. This part of the development will employee 41 full
                    time employees with a payroll in excess of 2.1 million dollars a year. Phase two, which will be started at a
                    later date is the bio-diesel plant. This part of the plant should produce 60 million gallons a year of bio-diesel.
                    Phase 3 is to double the size of the original ethanol plant which will increase the ethanol to 226.8 million
                    gallons a year production. Our plant is committed to do what ever is environmental responsible and possible.
                    In conjunction to that we are pursuing the use of gray water from Excel Beef Processing Plant. If we are able
                    to do this 61% of our water will be gray water that has already been extracted from the ground. This will be
                    used for our cooling towers in our facility. We have obtained the required water rights needed for the other
                    39%. We also have committed from people in this region to meet the water needs for this entire facility if gray
                    water is not feasible.
                   ·John-Can you reuse the gray water over and over again until evaporation?
                   ·David - 40% of the gray water would evaporate while in use. What is left the plant is looking at pumping that
                    water into two ponds for irrigation purposes.
                   ·John - Why could the plant end up not using the gray water?
                   ·David- It would be due to economic reasons.
                   ·Ric - The proposed route of the water lines is along the railroad. Do you have an agreement with the railroad
                    since it is their ROW?
                   ·David- We have the documents to pursue this issue but have not finalized anything yet.
                   ·John- Would the water line be above or below ground?
                   ·David- The lines would be buried.
                   ·Ric- How many feet of railroad do you have?
                   ·David- The plant will have 55,000 feet with no loop. This is a parallel track. This specific type of rail is done in
                    44 plants.
                   ·Ric- Where does the plant intend to get their grain?
                   ·David- The plant will get the grain from Illinois on rail. Research shows in this county there is a deficit of grain
                    in the excess of 4 million bushels a year.
                   ·Ric- Will you use corn or milo?
                   ·David- The plant would use both.
                   ·John- Is this your first ethanol plant?
                   ·David- We are building this same plant on another site in Kansas but the goal is a total of five plants, two in
                              Kansas, two in Nebraska and one in Illinois.
                   ·Grant- Is there anybody else who would like to address the board?
                   ·John Pritchard (Antioch International) - The design for the railroad tracks at the plant is a parallel design,
                    which has been down for over 40 plants. The tracks are set up to handle unit trains of corn coming in. There
                    are about 110 cars per train. You have about 6,600 feet of track just to hold the train. You unload the cars then
                    set the track up for an empty unit train to go back to Illinois. Ethanol would be loaded out the same why. The
                    unit train would come in 100 cars at a time.
                   ·Grant- Is there anybody else who would like to address the board?
                   ·Thomas Bogner (Farmer)- I am enthused with the idea of the plant. It is exciting to see a crop grown here in
                    the community stay and be used in this community instead of shipping it out of state or over seas. I am also a
                    repesentative for the ground Water District of Ford County since 1988 and I know the importance of water
                    and if you have any questions concerning the water just ask but I know that Ford County could support this
                    plant.
                   ·Bill Hawley (Citizen)- I am not against the plant, just against where the access road is located off the
                    highway. It is directly in front of my driveway and there is a hill there. I am afraid of ending up with a truck in my
                    house. The logical would be on the west side of the plant or bring it in on the south side and over the tracks. I
                    would asked that the plant not be approved with this access road
                   ·Brent Remsberg (PEC Engineer)- I represent the company who proposed the access road to cross both
                    the highway and the railroad so that there wouldn’t be the normal disruption you have on the highway when
                    you have to make a left turn from the highway or if you have a train on the tracks which can cause the traffic to
                    get stacked up. If you look at the plans due to the layout of the tracks the access can be on the east or west
                    side of the plant. The east side is closer to town.
                   ·Ric- David has KDOT been consulted on this?
                   ·David- We have not talked to KDOT but PEC has done this exact design and had done numerous over
                    passes and has worked with KDOT.
                   ·Ric- Is this near the US 50 to US 56/283 Bypass that should be coming in?
                   ·David- Yes, and this will be a plus to the plant.
                   ·Dale Luedke (KDOT)- KDOT is interested in working with the Dial Corporation in regards to access to Hwy
                    50 whenever they are ready.
                   ·David closed with the acknowledgement that he is looking forward to working with the people in this area if
                    the conditional use passed.
                   ·Grant-Is there anybody else that would like to address the board. This public hearing is now closed and
                    requested for Mark to read the staff recommendations
                   ·Mark read the following recommendations

STAFF RECOMMENDATIONS:
      Case # 07-02, Dial- Ford County Bio-Renewable Biofuels Conditional Use and Development Plan
                                Ethanol Plant and Bio-diesel Plant
      Address: 10467 West 50 Hwy, 10469 West 50 Hwy (Joe Gleason residence)
      Location Description: A TRACT OF LAND LOCATED IN PORTIONS OF THE SOUTH HALF OF SECTION 23,
               TOWNSHIP26S, RANGE 26W, AND THE NORTH HALF OF SECTION 26, TOWNSHIP 26S, RANGE 26W OF
               THE 6TH P.M. FORD COUNTY, KANSAS, MORE PARTICULARLY DESCRIBED AS
               FOLLOWS:COMMENCING AT THE SOUTHWEST CORNER OF SECTION 23, TOWNSHIP 26 SOUTH,
               RANGE 26 WEST; THENCE BEARING S88°29’50”E ALONG THE SOUTH LINE OF SAID SECTION 23, A
               DISTANCE OF 1223.67 FEET; THENCE BEARING S1°30’10”W A DISTANCE OF 273.91 FEET TO THE
               POINT OF BEGINNING; THENCE BEARING S55°51’43”E A DISTANCE OF 2400.00 FEET; THENCE
               BEARING 0°21’13”E A DISTANCE OF 619.72 FEET; THENCE BEARING N34°8’17”E A DISTANCE OF
               844.92 FEET; THENCE BEARING N55°51’43”W A DISTANCE OF 2100.00 FEET; THENCE BEARING
               S34°08’17”W A DISTANCE OF 50.00 FEET; THENCE BEARING N55°51’43”W A DISTANCE OF 900.00
               FEET; THENCE BEARING S34°08’17”W A DISTANCE OF 950.00 FEET TO THE POINT OF BEGINNING.
               SAID TRACT CONTAINING 66.8 ACRES MORE OR LESS.
      Township: Fairview
      Flood Plain: Zone A and C
      Zoned: AG- agriculture, 66.8 acres plant site,

COMPREHENSIVE PLAN COMPATABILITY:
      The applicant requests to build an ethanol plant and bio diesel plant. This development is compatible with the
      objectives of the Ford County Comprehensive Plan.

SURROUNDING PROPERTY USE:
      The surrounding property use is agricultural farm ground with Howell, Kansas about two miles west, two farmstead is
      located on The north side of US Hwy 50 Road over 0.5 miles away and a rural subdivision is located about 1.5 miles
      east along US Hwy 50. Arkansas River is to the south and a farmstead is located within the proposed plant site.

STAFF RECOMMENDATIONS:
      Must follow FEMA, Kansas Dept. of Agriculture and Division of Water Resources, and Ford County Floodplain
      regulations.

      Establish and maintain a potable water supply as required by Ford County Environmental Code and-or KDHE. Over
      25 employees will require an approved public water supply as regulated by KDHE Code. The septic system may be
      sewage lagoon or septic system. If the business is over 20 employees, the septic system and leach field may have to
      be registered with KDHE as a Class V injection well.

      Follow the submitted development plan. Abide by federal, state and local regulations, permits, and plans etc, as
      required.

      Develop, train and maintain Plant Emergency Plan for plant employees, Local and State LEPC, Ford County Fire
      and EMS, and local township fire departments. Provide fire training and necessary resources for gasoline, ethanol
      fires.

      Traffic Control: Most of the traffic entrances shall be off of the US HWY 50.

      County Road Maintenance Agreement: If county roads are used during construction and after construction, a
      maintenance agreement shall be submitted and approved by Ford County Board Of County Commissioners before
      construction commences.

      Incorporate water conservation controls: Effort should be made recycled as much water as possible.

       A decommissioning agreement with Ford County shall be submitted and approved by Ford County Board Of County
      Commissioners before construction commences.

      Applicant should research incorporating other feedstocks such as wheat, switch grass, saw grass and other locally
      grown crops into its production process.

      After a 14-day protest period has lapsed, this case will be presented to the Ford County Commissioners on April 16,
      2007 along with the recommendation of the Zoning Board. This will be a report only, not a public hearing. If you wish
      to protest the decision made by the Zoning Board, please contact Mark Shriwise, Zoning Administrator at (620) 227-
      4739.
                   ·Grant asked for a motion
                   ·John made motion for approval on phase one
                   ·Ric 2nd the approval
                   ·Grant called for written ballets
                   ·Mark read ballets 4 in favor none apposed
                   ·Grant announced that this would go before Ford County Commissioners on April 16th

Public Hearing:
      Case #07-03:Kennel-Carol Slovacek Conditional Use Permit and Development Plan:
            Grant asked if a representative was in the audience for the kennel
                   ·Carol Slovacek (Kennel Owner)- I am currently operating a kennel in Hodgeman County and would like to
                    move my kennel to Ford County. My business would consist of no more than 100 breeding animals. I will
                    comply with the requirements of Ford County for a kennel facility. I am currently licensed under the USDA and
                    Kansas State Animal Health. This will be a private business. The public will not be allowed in kennel areas
                    due to infection control issues. I will have an evergreen tree row planted to reduce and prevent the distraction
                    or excitement of animals. I will have two kennels with runs and open areas that will be located at least 200
                    feet from the property line. A septic tank will be installed between both kennel units. There will be no signs.
                    Victory Electric will be installing two security lights.
                   ·John-On the breeding stock you said 100 animals. Is the ration 50 male to 50 females?
                   ·Carol- The ratio is not that high. The animals will not be allowed to roam free. They are enclosed at all times. I
                     sell to pet shops and threw brokers.
                   ·John- Is your kennel mainly for dogs?
                   ·Carol- I breed only dogs and all my dogs are AKC and champion pet degree toy dogs.
                   ·John-Do you have a vet for on site?
                   ·Carol-I have a vet from Jetmore and I will continue to use him because he is a very good vet. My vet does
                    make on site visit. I am inspected by USDA two times a year and by the state of Kansas at least four times a
                    year for my license. I was inspected by the state in the last two weeks.
                   ·John-This is a good size area. At one point in time what is the largest amount of dogs you will have?
                   ·Carol- I am only applying for 100 so that the dogs can be easily contained in the two building I am proposing.
                   ·John- There will be 100 dogs or less but not over amount. Is that correct?
                   ·Carol-That is correct. I am looking for a full or part-time employee who can help me with the dogs. Due to
                    were I live now I can’t find anybody who will come out that far.
                   ·Josie- have you ever been cited for anything?
                   ·Carol- Yes, on the last inspection the USDA found a loose panel on one of my pens, which I corrected that
                    day. The State does not cite you, but they give you recommendations on what needs to be done. . The
                    inspection was at 7:00 in the morning. I did not have time to clean the kennels yet so one of my pens had
                    fecal matter and that was noted. The state also wanted my tarps put out on my outdoor run. I am preparing to
                    do that now.
                   ·Grant-does anybody from the audience want to address the board
                   ·Shana Boyd (Citizen)- Presented copies to the board on violations from the USDA and State of Kansas
                    inspections.Only 400 yards from the nearest landowner which was Shana but she recently sold the property.
                    Carol is planning on putting the animals in the grain bins, and I don’t think that would be sufficient in
                    ventilation. I am oppose to Carol operating a kennel in Ford County based on the information that I have
                    provided you. Carol has had several violations including cleaning,sanitation, pest control, and house keeping
                    from 2002 to 2004. Everything I have looked up on this has been negative and I don’t think she should be
                    allowed to have the kennel in Ford County
                   ·Verl Shean (Citizen)-thought that once the acreage was split into 40 acres that it couldn’t be split again and
                    she wanted to put the kennel on 4 acres.
                   ·Mark-Explained that you can do one lot split on the 40 acres.
                   ·Grant-does anyone else want to address the board
                   ·Carol-The violations were obtained in a period of 1-½ years while she had her kennel leased to another
                    person. She had some health issues and had to have surgery and could not take care of the kennel. When
                    she discovered she was going to lose her license she took the kennel back over.
                   ·Grant- Is there anyone else who wants to address the board?
                   ·Cliff Boyd (Citizen)- I have seen how she takes care of animals. This winter I had to go over and break the
                    ice so that her horses could get a drink. I called her and told her they needed water, and she made the
                    comment about taking care of it tomorrow. Horses need water everyday. I called the Humane Society once,
                    but they said they couldn’t do much. I feel that if you have animals you should take care of them.
                   ·Grant-Is there anyone else who wants to address the board? At this time we will close the public hearing and
                     ask Mark to read the staff recommendations.
                   ·Mark read the recommendations.

STAFF RECOMMENDATIONS:
   Case #07-03: Carol Slovacek (English Farms) Conditional Use Permit and Development Plan:
                   The purpose of starting a kennel operation for breeding and selling small dogs and animals
   Address: No 911 address.
   Location Description: S 1/2 13-27s-23w, Said tract of land is located on the East side of 123 Road between U.S.
                   Hwy 400 and Outlaw Road. Said business will be located on the tract of land generally described South Half
                   of Section (13) Township (27) south, Range (23) west of the 6th Principal Meridian in Ford County, Kansas.
   Township: Spearville
   Flood Plain: Zone C

COMPREHENSIVE PLAN COMPATABILITY:
   This application is compatible with the objectives of the Ford County Comprehensive Plan. The applicant requests of
    starting a kennel operation for breeding and selling small animals and-or dogs.

SURROUNDING PROPERTY USE:
   The surrounding area is zoned “Agricultural” and is agriculture use surrounding the area. One farmstead is located
   adjacent to the proposed kennel site.

RECOMMENDATIONS:
   Staff has received concerns about applicant care and treatment of the animals and existing kennel in Hodgeman
   County, Kansas.

   Applicant must close the land purchase agreement and provide a boundary survey for kennel site.

   Applicant follows the development plan, Federal and State license requirements.

   Procedures for caring, feeding, sanitation, and disposal of deceased animals should be on file at Ford County
   Planning, Zoning, and Environmental Health Office.

   The applicant needs to address water, septic tanks and environmental concerns.

    After a 14-day protest period has lapsed, this case will be presented to the Ford County Commissioners on April 16,
    2007 along with the recommendation of the Zoning Board. This will be a report only, not a public hearing. If you wish to
    protest the decision made by the Zoning Board, please contact Mark Shriwise, Zoning Administrator at (620) 227-
    4739.
                   ·Grant asked for a motion
                   ·Ric made motion to table this case #07-03 and recommends that on the next meeting a representative from
                    the state or county be present to explain the violations.
                   ·John 2nd this motion
   This case was table until April 23, 2007 to give time for the board members to read and examine new evidence that
   was presented to them.

New Business:
   None

Old Business:
   None

Notices & Communications:
   None

Reports:
   None

Adjournment:
   There being no further business to come before the Zoning Board at this time a motion of adjournment was made. The
   motion passed unanimously and the meeting adjourned at 8:40 p.m.
______________________________                    _______________________
Grant Powers Junior Vice- Chairman                        Mark Shriwise, Secretary




                                  FORD COUNTY ZONING BOARD MINUTES
                                                          April 23 , 2007
                                                                  7 p.m.
                                           Ford County Government Center
                                                        Rose Room, Basement


Call to Order: Meeting called to order by Scott Vander Hamm at 7:00

Members Present: Scott Vander Hamm, Ric Marboeuf, Grant Powers, Josie Lix, and John Mullen

Member Absent: None

Staff Present: Mark Shriwise and Missy Drake

Special Guests: Carol Slovacek (Kennel Operations), Jim Bailes (Conditional Use and Development Change for
                                    Leasing property for a warehouse, storage, and distribution of retail or wholesale business), and
                                    Dusty Herring (Wholesale and retail auto sales) and15 people in audience (List of names are
                                    located with minutes at Ford County Planning, Zoning, Environmental Health Office in the Ford
                                    County Government Center;


Approval of Meeting Minutes:
       Previous meeting minutes from the March 26, 2007 approved after amended spelling correction with motion being
       made by John Mullen and seconded by Ric Marboeuf. Motion carried.

Meeting Procedures:
       Scott read the Zoning Board Hearing Procedures

Public Hearing:
       Case #07-03: Kennel-Carol Slovacek Conditional Use Permit and Development Plan:
       Scott asked Mark the Hearing Procedures questions. Mark acknowledged that everything was received and all
       procedures followed. Scott then asked the Board members if there is any conflict of interest or any ex Parte contact
       on this matter. All members said no. Scott asked if there was a representative for the kennel in the audience and
       would they step forward and address the Board.

       o Carol Slovacek (Kennel Owner)- (Carol handed out pictures of her kennel and her puppies.) Carol explained
          about her failed inspections and letter from the Humane Society. She also described the kennel she would like to
          set up.
       o Sam Mosshart (Kennel Owner/President of Federation for Kennel Owners) Mr. Mosshart holds a dog
          auction about every six weeks and Carol has sold three or four of the highest price dogs. He has been to Carols
          kennel and knows she runs a respectable kennel. Ninety-five percent of the dogs that are sold are sold out state.
          This brings in new money to the state of Kansas. The USDA and the Kansas Animal Health departments inspect
           the kennels. A failed inspection in the state of Kansas could simple be a cobweb in a corner. They then give you a
           little time to take care of it. Carol has always corrected any problems that the State has pointed out.
       o Shana Boyd (Concern Citizen) I brought more papers from the USDA on the failed inspections. (Shana handed
          papers out to the Board)
       o Karen Watson (Humane Society Volunteer) (Handed papers out that showed the statistics from 2006 & first
          two months of 2007for the local animal shelter.)
The Humane Society is opposed to commercial dog
          breeders/puppy mills.
       o Steve Riegel (Concern Citizen) questioned how the notification was done and Mark explained about the 1000
           feet. He was concerned about the up keep of the property.
       o Gary Stein (Concern Citizen) He was concerned about the dilapidation of buildings. Carol owns property in
          Wright that is not taken care of. It takes capital to maintain and Carol does not have the capital.
       o Scott asked for staff recommendations
       o Mark read the following

STAFF RECOMMENDATIONS:
       Case #07-03: Carol Slovacek (English Farms) Conditional Use Permit and Development Plan:
       The purpose of starting a kennel operation for breeding and selling small dogs and animals
       Address: No 911 address
       Location Description: S 1/2 13-27s-23w, Said tract of land is located on the East side of 123 Road between U.S.
       Hwy 400 and Outlaw Road. Said business will be located on the tract of land generally described South Half of
       Section (13) Township (27) south, Range (23) west of the 6th Principal Meridian in Ford County, Kansas.
       Township: Spearville
       Flood Plain: Zone C

COMPREHENSIVE PLAN COMPATABILITY:
      This application is compatible with the objectives of the Ford County Comprehensive Plan. The applicant requests of
      starting a kennel operation for breeding and selling small animals and-or dogs.

SURROUNDING PROPERTY USE:
      The surrounding area is zoned “Agricultural” and is agriculture use surrounding the area. One farmstead is located
      adjacent to the proposed kennel site.

RECOMMENDATIONS:
       Staff has received concerns about applicant care and treatment of the animals and existing kennel in Hodgeman
       County, Kansas.

       Applicant must close the land purchase agreement and provide a boundary survey for kennel site.

       Applicant follows the development plan, Federal and State license requirements.

       Procedures for caring, feeding, sanitation, and disposal of deceased animals should be on file at Ford County
       Planning, Zoning,and Environmental Health Office.

       The applicant needs to address water, septic tanks and environmental concerns.

       After a 14-day protest period has lapsed, this case will be presented to the Ford County Commissioners on May 21,
       2007 along with the recommendation of the Zoning Board. This will be a report only, not a public hearing. If you wish
       to protest the decision made by the Zoning Board, please contact Mark Shriwise, Zoning Administrator at (620) 227-
       4739.

       The Zoning Board members had concerns about the disposal of dead animals, what would happen if the dogs got
        loose and if somebody would be there at all times.

       Carol replied that the animals would be buried according to regulations, dogs could not get loose due to the pens
       being locked at all time and she was hiring somebody so that someone would be there at all times.
       o Scott declared public hearing closed and read the criteria for the zoning request. Scott declared that he would
          entertain a motion on the case.
       o Ric made motion to approve as per staff recommendation.
       o John 2nd the motion.
       o Written ballet was taken
       o Mark read the ballets 3 in favor 1 oppose
       o Scott declared that the case passed and would go to the Commissioners on May 21st.

Public Hearing:
       Case #07-04: Jim Bailes d/b/a USA Auto Inc. Conditional Use Permit and Development Plan
       Scott asked Mark the Hearing Procedures questions. Mark acknowledged that everything was received and all
       procedures followed. Scott then asked the Board members if there is any conflict of interest or any ex Parte contact
       on this matter. All members said no. Scott asked if there was a representative in the audience and would they step
       forward and address the Board.

        o Jim Bailes (Landowner)- He stated the he was just here to have the Conditional Use finalized and wrapped up
           so that DHL can operate out of his building.
        o Chet Pennington- (Adjoining landowner) Concerned with traffic increase.
        o Dale Ludke (KDOT)-KDOT needed to know how many vans will be going in and out of the business due to the
           egress.
        o Tracy White (DHL)- She talked about DHL being a mail delivery business. The business now has eight vans.
       Scott asked for staff to read recommendation
       Mark read the following staff recommendation

STAFF RECOMMENDATIONS:
       Case #07-04, Bailes-Comfort Homes/USA Auto
       Address: 10868 West US Hwy 50
       Location Description: SE ¼ 28-26s-25w; about 0.5 miles West on US 50 Highway from Dodge City, Ks. 67801-
       Lots 1 and 2 of the West Highway 50 Addition Plat
       Township: Dodge
       Flood Plain: Zone “C”
       Zoned: SR with a conditional use permit for sell of manufactured Home and use car sales

COMPREHENSIVE PLAN COMPATABILITY:
       This development is compatible with the objectives of the Ford County Comprehensive Plan. The application is for
       a leasing out warehouse, storage, and distribution of a retail or wholesale businesses.

SURROUNDING PROPERTY USE:
       The surrounding area is commercial to the west and to the north, east and south is residential along U.S. Highway
       50.

RECOMMENDATIONS:
       Follow the new development plan. Further development may require public water and public sewer.

       Finish landscaping and upgrade the road and implement drainage plan.

       The existing conditional use permit for sale of manufacture homes and used cars should be forfeit.

       After a 14 day protest period has lapsed, this case will be presented to the Ford County Commissioners on May 21,
       2007 or later date, along with the recommendation of the Zoning Board. This will be a report only, not a public
       hearing. If you wish to protest the decision made by the Zoning Board, please contact Mark Shriwise, Zoning
       Administrator at (620) 227-4739.

       The Zoning Board Members asked if the conditional use for the car lot and Comfort Homes business was being
       discontinued, and if the wash bay that is stated in the building plans was being used.

       Mark explained that the old conditional use would go away and in its place would be a conditional use for a storage,
       retail or wholesale business.

       Jim said the wash bay is not being used and will remain that way.

       o Scott declared public hearing closed and read the criteria for the zoning request. Scott declared that he would
          entertain a motion on the case.
       o Grant made motion to accept as per staff recommendation
       o Ric seconded motion
       o Written ballots was taken
       o Mark read ballots 4 in favor 0 opposed.
       o Scott declared that the case passed and would go to the Commissioners on May 21st.

Public Hearing:
       Case #07-05: Herring-d/b/a StageCoach Auto Sales Conditional Use Permit and Development Plan
       Scott asked Mark the Hearing Procedures questions. Mark acknowledged that everything was received and all
       procedures followed. Scott then asked the Board members if there is any conflict of interest or any ex Parte contact
       on this matter. All members said no. Scott asked if there was a representative in the audience and would they step
       forward and address the Board.

       o Dusty Herring (StageCoach Auto Sales)- Mr. Herring stated he likes to buy and sale cars and that this is more
          of a hobby than a business but to get a dealers license he needs to go through this and have his property rezoned.
           He discussed the plan he handed in.
       o Bill Heinz (Adjoining landowner) –He did not believe that there was enough land for a small car lot and was not
          in favor of this.
       o Vernon Everhart (landowner)-He does not want a car lot next door. Not enough room for a car lot.
       o Max Huffman (landowner)– He is opposed to a car lot next door.
       o Dale Ludke (KDOT)- KDOT has some concern with the driveway. It should be 24 feet wide. He suggests updating
          the width information. KDOT could work with Dusty if he would talk to them.
       o Mike Weber (landowner) - Not 100% for this. Does not want a lot of trash that a lot of people would bring
       o Dusty-Appreciated everybody’s input. He stated he was not putting in a car lot per say he would not go over
          12 cars at a time, and people would see the cars by appointment only.
       o Scott asked for staff recommendation
       o Mark read the following recommendation

STAFF RECOMMENDATIONS:
       Case # 07-05 Herring-d/b/a Stagecoach Auto sales
       Address: 2737 Fort Dodge Road Dodge City, Ks 67801
       Location Description: Lot PT 5 Blk 1 of Wilkinson Place #1; Section 32-26-24; 0.88 acre
       Township: Dodge
       Flood Plain: Zone C
       Zoned: V-1

COMPREHENSIVE PLAN COMPATABILITY:
        This development is compatible with the objectives of the Ford County Comprehensive Plan. The application is for
        a commercial-retail use in a mixed-use commercial/residential/Ag area. The applicant wishes to establish a used
        car sales lot. The use would slightly increase traffic on an already busy US Highway 400.

SURROUNDING PROPERTY USE:
        The surrounding property use is residential area to the north, west south and the east is Cargill Meat Solutions.

STAFF RECOMMENDATIONS:
        Protect water well and septic systems. Applicant may consider public water supply.

        No auto repairing on site.

        Because of limited space and area, cars and light trucks shall be view by appointment only.

        Follow the submitted development plan-limit to 10 to 12 vehicles.

        Abides by regulatory agencies such KDOT, KDHE and others.

        After a 14-day protest period has lapsed, this case will be presented to the Ford County Commissioners on May 21,
        2007 or a later date, along with the recommendation of the Zoning Board. This will be a report only, not a public
        hearing. If you wish to protest the decision made by the Zoning Board, please contact Mark Shriwise, Zoning
        Administrator at (620) 227-4739.

       The Zoning Board was concerned about the limited space and requested that no more than six cars be on the lot at
       one time.
       o Scott declared public hearing closed and read the criteria for the zoning request. Scott declared that he would
          entertain a motion on the case.
       o John made motion to approve to a limit of six cars for sale.
       o Josie 2nd motion.
       o Written Ballots were taken
       o Mark read ballots 4 in favor and 0 opposed.
       o Scott declared that the case passed and would go to the Commissioners on May 21st.

New Business:
       New Jail going in will have to come before the board.
       Phase II on Spearville Wind Farm.

Old Business:
       None

Notices & Communications:
       None

Reports:
       None

Adjournment:
       There being no further business to come before the Zoning Board at this time a motion of adjournment was made.
       The motion passed unanimously and the meeting adjourned at 9:20 p.m.


______________________________        _______________________
Scott Vander Hamm, Chairman                      Mark Shriwise, Secretary


NO MEETING WAS HELD ON

May 28 , 2007


NO MEETING WAS HELD ON

June 25 , 2007



                                  FORD COUNTY ZONING BOARD MINUTES
                                                          July 23 , 2007
                                                                  7 p.m.
                                           Ford County Government Center
                                                        Rose Room, Basement



Members Present: Scott Vander Hamm, Grant Powers, John Mullen, Josie Lix, and Tom Stanley

Member Absent: None

Staff Present: Mark Shriwise and Missy Drake

Special Presentation: Acknowledge new board member Tom Stanley and presented exiting board member Ric
        Marboeuf with a plaque acknowledging his service to the Ford County Zoning Board.

Special Guests: Kate Ihrke (enXco Case #07-07); Brent Yoder (Café/Bait Shop Case #07-06); Dusty Herring
        (Reconsideration for case #07-05) and 35 people in audience (List of names are located with minutes at Ford
        County Planning, Zoning, Environmental Health Office in the Ford County Government Center.

Approval of Meeting Minutes:
        Previous meeting minutes from the April 23, 2007 were approved with motion being made by Grant and seconded
        by John. Motion carried.

Hearing Procedures:
       Scott read the Ford County Zoning Board Hearing Procedures.

Public Hearing:
       Case #07-06: Brent Yoder/Janette Carr Conditional Use and Development Plan:
       Scott asked Mark the Hearing Procedures questions. Mark acknowledged that everything was received and all
       procedures followed. Scott then asked the Board members if there is any conflict of interest or any ex Parte contact
       on this matter. All members said no. Scott asked if the applicant or a representative in the audience was present and
       would he or she step forward and address the Board.

       ·  Brent Yoder- (Applicant) I want to open a small café and bait shop. The convenience store on the plan might be
          added in later but not right now.
        · Scott asked if there were any questions from the Board.
        · No questions were asked.
        · Scott asked for staff recommendation for Case #07-06
        · Mark read the following recommendations

STAFF RECOMMENDATIONS:
        Case #07-06: Brent Yoder; Conditional Use Permit and Development Plan for the purpose of starting a
        café/convenience store/bait shop.
        Address: 212 Ford, Kingsdown, Ks. 67842.
        Location Description: Lots 10,12, 14, 16, 18, 20, 22 & 24, Block 2 Original Town of Kingsdown. Section (18)
        Township (29) Range (22) west of the 6th Principal Meridian in Ford County, Kansas.
        Township: Sodville
        Flood Plain: Zone C


COMPREHENSIVE PLAN COMPATABILITY:
       This application is compatible with the objectives of the Ford County Comprehensive Plan.

SURROUNDING PROPERTY USE:
       The surrounding area is zoned “V-1” and is mostly residential. Some of the businesses located within Kingsdown
       are: East Kansas Chemical, Ford Kingsdown Cooperative and a bait shop located at 113 Main Street. Clark County
       Fishing Lake is over six miles south of Kingsdown on Kansas Highway 94.

RECOMMENDATIONS:

       Comply with Kansas Department of Health and Environment Codes and applicable Ford County Environment Codes
       in obtaining and maintaining Food Establishment licensing.

       Follow development plan and in future may add convenience store and/or buildings.

       New Water Well permit has been issued and must be approved by sanitarian. Frequent bacteria and water quality
       monitoring must be conducted to maintain a pathogen free environment.

       All solid waste must be properly disposed and the septic tank must comply with current Ford County Environmental
       Code for increase waste flow.

       Prevent food borne illness by safe work practice proper personal hygiene, food equipment and utensil cleanliness,
       proper food storage, food protection, adequate lighting and ventilation, proactive attitude, must control pests,
       rodents, insects, mice, disease causing pathogens, etc.

        Must follow all Federal Codes, KDHE Food Safety Codes, and regulations and codes pertaining to food
        establishments, lodging, etc.

        After a 14-day protest period has lapsed, this case will be presented to the Ford County Commissioners on August
        20th, 2007 along with the recommendation of the Zoning Board. This will be a report only, not a public hearing. If you
        wish to protest the decision made by the Zoning Board, please contact Mark Shriwise, Zoning Administrator at
        (620) 227-4739.
        · Scott-Are there any questions from the Board?
        · No questions were asked
        · Scott-Any questions from the audience
        · No questions were asked
        · Scott-declared Case #07-06 closed and read the criteria that the acceptance of the rezoning is based on and was
          ready to entertain a motion on Case #07-06.
        · John-motion to approve
        · Grant-second the motion
        · Vote was taken on a written ballet
        · Mark- 4 in favor and 0 opposed
        · Scott- Case #07-06 has passed will continue on to the Ford County Board of Commissions on August 20th 2007.

Public Hearing:
        Case #07-07: enXco (Spearville Wind Farm)
                Scott asked Mark the Hearing Procedures questions. Mark acknowledged that everything was received and all
                procedures followed except the posting of a sign due to the size of the project. Scott then asked the Board
                members if there is any conflict of interest or any ex Parte contact on this matter. All members said no. Scott
                asked if the applicant or a representative in the audience was present and would he or she step forward and
                address the Board.

        · Kate Ihrke- (Senior Developer for enXco) I am asking for approval of our development plan for Phase II and Phase
          III of the Spearville Wind Project. When we initially planed the Spearville project, the plan was to install it in multiply
          Phases. The 1st Phase was completed and sold to KCP&L. Phase II and Phase III is still owned by enXco. Phase II
          would be online by December 2008. This Phase could be up to 154 MW or an additional 103 wind turbines. The
          remaining land can hold up to 205 additional MW or an additional 136 turbines. These sizes were defined primarily
          based on transmission availability at the Spearville sub-station and planned upgrades. However with the recent
          news of additional transmission coming through Spearville and the provided interest and support of Ford County
          and the local community there is possibility of even more wind turbines. The construction and development
          of Phase II and III will pretty much mirror what was done in Phase I. EnXco has been in continued touch with the
          local community who has been supportive of the project and are excited to see the expansion.
        · Scott-Does anybody from the Board have any questions at this time?
        · No questions were asked.
        · Scott-Does anybody in the audience have any comments or question on this case?
        · Dale Ludke- (KDOT) Are there going to be any new access from the Highway in Phase II or Phase III?
        · Kate-At this time we do not have the final design. What’s outlined in the project development plan is a very
          preliminary layout. Once we get further along, I would say by the end of year, we will have a better idea of where the
          next Phase will go within the project outline boundary. The customer of the project and the size of the project will
          determine that. For the most part I would expect we would come off the existing wind project roads and the existing
          county roads.
        · Earl Schaffer- (President of Spearville School Board) We have enjoyed working with enXco and look forward with
          great anticipation and joy that there is going to be a Phase II and III. This has been a great benefit to our
          community. I hope that you will approve this.
        · Don Hornung – (Landowner) The way Phase I worked is that you leased the property to enXco and then if a turbine
          was put on your property you received payment for it. Eventually this was signed over to KCP&L. If the land is not
          used in any of the phases is it possible that you will still lease it.
        · Kate- There will be a landowners meeting in August that will talk specifically about the project. If we are unable to
          use it there is no reason for us to keep it.
        · Don-Is there any other consideration or type of payment plan? Any allocated rights to property that is in the
          boundaries of the wind farm but hasn’t received any turbines?
        · Kate-There is depending on the overall project layout. Quite often we are able to work in buffer properties
          or properties that protect the project. Sometimes properties are maintained under easement in order to comply
          with regulatory setbacks, boundary lines or access issues. It is all driven by the size of the project. We try to keep
          buffer properties to a minimum, because it is creating an encumbrance of the property without doing anything with
          the property.
        · Grant- If someone owns a piece of ground between turbines but does not get a turbine does this guy get any
          payments? Is that what the conversation was about between you and Don?
        · Kate- Basically yes, that is a possibility. There are a couple of things that are taken into consideration when we are
          actually designing the layout of the project what you see in the development plan here is simply a preliminary
          guess. There are some instances that we are not able to utilize the property to actually put a wind turbine on it. This
          did not happen in Phase I. There are some cases where there is a piece of ground between two turbines, it might
          be a small track or what not but we want to maintain rights over so we can utilize the wind that blows over it or
          potentially utilize it to access those two neighboring turbines. We need to find a structure where we can maintain
          the rights we want to enjoy but then we are offering some consideration to that landowner for some of the rights that
          he is giving up for the wind project.
        · Grant-Once you get these built and I am sitting here with a piece of ground without a turbine what kind of payment
          can I get and would I get a payment? Is there a unitize payment in this program?
        · Kate- The way the existing agreement are written there is not, however this fall we will be coming out and having a
          meeting with the landowners and asking for an extension on the existing agreements (the agreements signed in 02
          are due to expire at the end of this year) in that extension we will most likely modify in the terms of the easement to
          allow for exactly that. There maybe pieces of property that we need to keep under agreement for regulatory
          compliance or for setback issues or for access issues.
        · John- This is part of that buffer you talked about.
        · Kate- yes
        · Tom- Are there properties within that field that you have no use for, you are not using for any manner?
        · Kate- Not that we have an existing easement on. There is an option agreement for an easement and the enXco
          has an unilateral right to exercise the option so that it becomes an easement and the property that currently still
          does not have an turbine on them are under that option period where we are working on the developing the project. I
          believe there was one property in Phase I that did not get a turbine on it, but KCP&L made a deal, and worked with
          the landowner and offer them
          some compensation outside of the easement rights because they were strongly affected by the project.
        · Scott-Are there anymore questions from the board?
        · There were no more questions
        · Scott- Asked for staff recommendations for Case #07-07
        · Mark read the following recommendations

STAFF RECOMMENDATIONS:
        Case # 07-07: enXco Development Corp. /Power Partners Midwest LLC (Wind Farm Development)

COMPREHENSIVE PLAN COMPATABILITY:
        This development is compatible with the objectives of the Ford County Comprehensive Plan.


SURROUNDING PROPERTY USE:
        The surrounding property use is Agricultural in nature and has been so for some time. The site is just North of
        Spearville and U.S. Highway 50/56, East of 120 Road, West of 130 Road and South of Antelope Road (Ford –
        Hodgeman County line).

RECOMMENDATIONS:

        There shall be strict conformance to all performance standards set forth in the Ford County Zoning Regulations,
        Ford County Environmental Code and Ford County Comprehensive Plan, as well as Federal and State laws.

        Transfer of the Conditional Use Permit (CUP) from one party to another party must be approved By Ford County
        Board of County Commissioners (BOCC) and a transfer fee of $70 paid.

        The Wind Farm Development shall follow the amended development plan and applicable parts of the original
        development plan.

        Working drawings stamped with the seal of a licensed engineer shall be delivered to Ford County Administrative
        Services with respect to turbines, supporting equipment and installation. Not later than 45 days after a turbine is
        placed in operation, as built drawings with respect to such turbines, supporting equipment and installations stamped
        with the seal of an engineer licensed in the state of Kansas and in good standing with the Kansas State Board of
        Technical Professions shall be delivered to Ford County Administrative Services. Separate working and as built
        drawings may be required by Ford County Administrative Services for foundations, structural assemblies,
        mechanical and electrical equipment.

        The location of each tower shall be at least an equal distance from all property lines as it is in height, pursuant to
        Ford County Zoning Regulation 19-104 (47a).

        Instead of exXco’s proposed 250 ft setback from the public road, required setback should be 500 ft. The blade
        height of the towers is less than 400 ft. and greater than 100 feet from the ground. The setback from an adjacent
        property owner should be 500 ft, but may be waived to an equal distance from the property line as the tower is in
        height, if the adjacent landowner is also signed up for the proposed development, or upon receiving written
        permission from the adjacent landowner.

        Turbine locations shall be at least 1000 feet from a residential structure unless waived in writing by the landowner.
        Turbine locations will be located at least the total height of the turbine plus 50 feet from agricultural-residential
        accessory structures unless waived in writing by the landowner.

        All power lines and communication lines shall be installed underground as described in the original and amended
        development plans. Any above ground installations must be approved in advance by the BOCC.

        A Road maintenance agreement must be entered between the applicant, Ford County and Spearville Township
        prior to the commencement of any construction. Construction transportation routes shall be coordinated with the
        Spearville Township trustees and Ford County Administrative Services. All roads must be videotaped or digital
        pictures taken of existing road conditions prior to construction and at the expense of the applicant. All roads shall be
        restored to their original condition or upgraded by the applicant. Appropriate dust control must be used when
        necessary. Permanent access roads to the turbines shall be as narrow as possible. The applicant shall be liable for
        any damage to county or township roads resulting from tower construction, deconstruction and or maintenance
        activity.

        All surveys must be filed electronic digital format: such as dwg, jpeg, shp, etc

        The requirements for construction permits and post-construction maintenance permits shall be:

                a. All turbines will be GPS;

                b. A building permit shall be required for each turbine. (The fee is $500.00 per turbine);

                c. Compliance with Kansas One Call (gas lines, telephone lines, fiber optic lines, irrigation and underground
                    pipe and power lines and electric lines);

                d. All waste streams created, stored and transported must be in compliance with county, state and federal laws

                e. All landscaping must be restored to original condition.


        Turbine Identifications Numbers shall be clearly visible at normal sight level. No logo or advertisement shall be
         located on the turbine structure unless approved in advance by the Ford County BOCC. Turbine structures shall be
         painted with neutral colors (grays or whites). No lattice turbine structures. Developer shall provide studies prepared
         by the turbine manufacturer or other suitable party that the turbines will not unreasonably interfere with wireless
         communication reception. Procedures shall conform to the Federal Communication Commission (FCC)
         regulations.

        Each turbine shall be assigned a 911 address.

        The developer shall supply the necessary special rescue equipment and special training for the Ford County EMS
        & Fire Department to accommodate high angle rescue.

        Staff recommends that dual lighting be used, medium intensity strobe light in the daytime and red light at nighttime in
        conformance with FAA requirements.

        A decommissioning agreement between Ford County and the applicant must be entered prior to commencement of
        any construction.


        After the 14-day protest period has elapsed, this case will be presented to the Ford County BOCC on August 20,
        2007 or a later date, along with the recommendations of the Zoning Board. This will be a report only, not a public
        hearing. If you wish to protest the decision made by the Zoning Board, please contact Mark Shriwise, Zoning
        Administrator at (620) 227-4739.

        · Scott-Does applicant wish to clarify any statements or have any statements clarified?
        · Katie-No
        · Scott-Does the Board have any questions for the applicant or staff
        · There were no more questions
        · Scott-declared Case #07-07 closed and read the criteria that the acceptance of th