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County counselor: executive sessions used to negotiate solar project contract terms, not to decide permits
Summary
County Counselor Bill Jeter told the commission executive sessions have been used for attorney‑client privileged negotiations around contract terms for the Tall Grass solar farm (payment‑in‑lieu, road maintenance, access), and emphasized that any final approvals must occur in open session.
County Counselor Bill Jeter explained to the commission that the Kansas Open Meetings Act permits executive sessions for a limited set of topics, notably personnel matters and attorney‑client privileged discussions. In response to public questions about the county’s executive sessions related to the Tall Grass solar farm project, Jeter said those closed meetings addressed only negotiation of contract language — such as payment‑in‑lieu of taxes, road‑maintenance agreements and access terms — and were not discussions about whether to approve or deny a conditional‑use permit.
"The only discussions that we've had in executive session have related to the specific contract terms," Jeter said, adding that attorney presence is required for those discussions to preserve privilege. He emphasized that no final decisions can be made in executive session and that any agreement reached in negotiation would be adopted only in open session.
Chair and commissioners reiterated that executive sessions are limited in scope and that staff would continue negotiating contract provisions with developers and counsel; the board recorded attendees for the personnel and attorney‑client sessions and announced no decisions were made in closed session.
