Corruption of Zoning in Ellis County

Details of wind turbine easements, conflicts of interest, and chronology of events

With the help of others (especially Keith P.) I have been able to detail the corruption evident in the zoning process that led up to the conditional use application for a wind energy development here in Ellis County. In addition to the facts listed below, there have been multiple apparent errors of procedure, irregularities of process, and improper conduct on the part of zoning board members while they were supposedly acting in the interest of the general public, but these are probably best left for our legal council to address as most are legal technicalities of a rather tedious nature.

Wind Turbine Easements (according to data obtained in March, 2007)

These are the direct beneficiaries of the wind energy project, broken down as a percentage of the total turbines landholders with easements would have expected to receive at that time. Although a breakdown by property would be more detailed, we have compiled a breakdown by family to highlight the conflicts of interest on the zoning board. We have also included the York College easements in the those of the Kraus / Bemis extended family because this land was held by the Kraus family at the time of the project’s inception and subsequently inherited by York College.

Kraus / Bemis family 59 %
Gottschalk family 18 %
Stadlman family & trust 6 %
Johnson, N. 6 %
Befort family 4 %
Weilert family 4 %
Carrasco, C. 2 %
Conflicts of Interest

The primary conflict of interest arises from the key roles played by the zoning board chair and former co-chair, Lance Russell (step son to Harold Kraus) and Jo Kraus, in drafting the zoning regulations that facilitated wind energy development in Ellis County so as to directly benefit their extended family. These regulations contain more verbiage governing sign construction than governing a $500 million dollar industrial development covering 1100 acres. The same regulations limiting landholders to two and a half story buildings permits the construction industrial turbines 40 stories tall within 1000 feet of people’s homes – whether they object to them or not.

Jo Kraus, while serving on the zoning board, repeatedly represented the landholders with easements while petitioning support from the city commissions of Hays and Ellis. Lance Russell’s abstinence from voting on the board at this point does nothing to reduce his conflict of interest arising from his pivotal role in bringing this project to Ellis County.

In addition, it is illegal for paid public officials to serve on the zoning board. As chief of the Ellis County Fire Department, zoning board member Dick Klaus has a conflict of interest in that county public works, including the fire department, stand to benefit directly from the proposed payments to be made by Iberdrola.

Zoning board member Gene Bittel has publicly stated his desire to have turbines on his family's land north of I-70. A zoning decision to permit turbines in Ellis county would represent a direct benefit to his family in this regard, and yet another conflict of interest for this zoning board.

Given that these facts are all a matter of public record, it becomes quite clear that:

the zoning regulations were drafted to facilitate wind energy development in the county and at least four members of the zoning board had apparent conflicts of interest and were therefore serving their own interests, or their families’ interests, rather than the interests of the residents of Ellis county.

Concerned residents need to ask themselves these questions:

How much of this land is owned by absentee landlords or will be ceded to out of town residents? (answer - quite a bit)

How much of the direct proceeds from this project will really be spent in Ellis County - now, or 5 years from now? (answer - very little)

How much future income will be lost to the county because of this project superseding other more profitable uses of this land? (answer - a lot)

Who is naive enough to believe that money paid to these leaseholders will somehow 'trickle down' to benefit the community of Hays?

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