Minutes, March 27, 2007

ELLSWORTH COUNTY COMMISSION SPECIAL MEETING

MINUTES

MARCH 27, 2007

The Board of Ellsworth County Commissioners convened this 27^th of March 2007 at the Ellsworth County Courthouse.

Members Present:

Albert W. Oller, 1^st District Commissioner

Kermit Rush, 2^nd District Commissioner

Terry L. Kueser, 3^rd District Commissioner

1. OPENING BUSINESS:

Chairman Rush called the meeting to order at 3:00 p.m. Others in attendance were Joe Shepack, Ellsworth County Attorney, and citizens Steve Donley and Wayne Bohl.

2. OTHER BUSINESS:

The sole purpose of the meeting was to go over the finalized Road Agreement, Pilot Agreement and Escrow Agreement with Smoky Hills Wind Farms, LLC. After review by Mr. Shepack, changes were made to the Escrow agreement as to who would pay the escrow fees and how the accrued interest on the account is handled. Both parties decided that Smoky Hills Wind Farms would pay the escrow fees and any accrued interest would be part of the Deposit.

Commissioner Kueser moved to approve the Payment in Lieu of Taxes Agreement with Smoky Hills Wind Farms, LLC as presented. Commissioner Oller seconded the motion. Motion carried 3-0.

Commissioner Kueser moved to approve the Road Maintenance Agreement with Smoky Hills Wind Farm, LLC as presented. Commissioner Oller seconded the motion. Motion carried 3-0.

Commissioner Kueser moved to approve the Escrow Agreement that pertains to the maintenance and repair of any road damaged during construction with Smoky Hills Wind Farm, LLC. Commissioner Oller seconded the motion. Motion carried 3-0.

3. ADJOURNEMENT

With no other business to become before the Commissioners, Chairman Rush adjourned the meeting at approximately 4:00 p.m.

 

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Janet L. Andrews

Ellsworth County Clerk