Floyd County supervisors could discuss wind energy moratorium at meeting next week
By Bob Steenson, bsteenson@charlescitypress.com
Floyd County supervisors could begin discussing a temporary moratorium on issuing permits for new wind energy projects in the county as early as their meeting next week.
The members of the board approved a contract at the regular meeting Monday morning, hiring the North Iowa Area Council of Governments (NIACOG) to help with the process of drafting an amendment to the current county zoning ordinance dealing with utility-sized wind energy projects as well as utility battery storage facilities.
They also talked with County Attorney Todd Prichard, who said that based on moratorium language he had seen from other counties he could probably put together a moratorium proposal in time to be considered at the meeting next Monday.
NIACOG Senior Planner John Robbins will be working with the county Planning and Zoning Commission as well as with the Board of Supervisors to come up with the new zoning proposal.
As Robbins had explained at two previous meetings, the cost to help develop the wind ordinance will be $2,000, with an additional $200 each for up to three open house listening sessions, and $300 each for up to two workshop meetings with the Planning and Zoning Commission and/or Board of Supervisors “for the purpose of becoming further educated on the issues and topics related to utility-scale wind energy development and battery storage.”
In addition to attending and help run the listening sessions and workshop meetings, the contract calls for NIACOG to:
• Work with staff, the Planning and Zoning Commission and the county Board of Supervisors to prepare a draft zoning ordinance amendment.
• Conduct appropriate research to address potential requirements for said uses.
• Prepare accompanying public notices, resolutions and other supplementary documents related to the process of adopting the ordinance amendment.
• Prepare a final zoning ordinance amendment for presentation to the Planning and Zoning Commission for recommendation to the Board of Supervisors.
• Participate at the required public hearings on the adoption of the ordinance for up to three readings.
Another contract was available but not yet signed that would offer the same services to help the county develop a zoning ordinance amendment for solar energy projects, which Robbins said will also likely be a future concern.
The supervisors said the wind energy amendment is the priority now, because there are two companies already working in the county to sign up easements for new projects, and because a group of residents had presented a petition to the board asking for a moratorium on new projects.
County Attorney Prichard said he had received copies of several moratoriums that other counties, including Franklin, Worth and Cerro Gordo, had passed while they were working on revising their own wind energy policies, and said a moratorium could be put in place either through a resolution or an ordinance.
The effect is the same, Prichard said, adding that the sample moratoriums he saw contained similar generic language and there was no reason Floyd County couldn’t borrow language from them rather than starting from scratch.
He said in order to withstand court scrutiny, either a resolution or an ordinance needed to set out a factual basis or rationale for why it was being done, including the board’s duty and responsibility to govern zoning and planning and regulate land use in Floyd County, and other responsibilities including communications, commercial microwave and radio towers, and the public interest in seeing something done.
He also suggested a moratorium include a time limit for when it is in effect.
The supervisors leaned toward a resolution, because it can be passed at one reading. An ordinance calls for three readings to be passed, although the second and/or third readings can be waived.
Invenergy project manager Issac Lamppa asked that Invenergy be exempted from any moratorium because of all the work and money it had already put into a potential new project in Floyd County, which it had based on the existing zoning ordinance.
Prichard asked if Invenergy had applied for a permit already and was told no. The board made no comment or decision regarding Invenergy’s request.
Supervisor Chair Mark Kuhn said he had received an email from a resident, suggesting that all the supervisors state whether they had any land with wind turbines on them.
Kuhn said he had ownership interest in parcels with six MidAmerican Energy wind turbines on them, “and I could tell you why I think they’re a good thing,” but he had discussed the situation with Prichard and Prichard said there was no conflict of interest because MidAmerican wasn’t one of the companies looking at new wind energy projects.
Supervisor Jim Jorgensen said land ownership and easements are public record, but he wasn’t going to state what was or wasn’t on his land because of the precedent it would set.
Supervisor Dennis Keifer did not comment on the request.
Tom Treharne, senior project manager for NextEra Energy, which is also signing up easements for a new Floyd County wind energy project, asked that any moratorium allow temporary towers to be erected to gather data on wind resources in the area.
Prichard said some of the moratoriums he has seen included language that would allow that, as well as communications towers and other uses.
The resolution that the Board of Supervisors passed Monday approving signing the contract with NIACOG for help with the wind energy and battery storage amendments, also contained language ordering the Planning and Zoning Commission to comply with the Iowa Open Meetings Law, and ordered that the chair of the commission or the county zoning administrator “not impose any requirement” that all members of the Planning and Zoning Commission and the Board of Adjustment be present to schedule and/or conduct business.
Jorgensen asked why the Open Meetings Law reference was needed, since the boards were already legally required to follow that law.
Kuhn said there was at least one example of where the Planning and Zoning Commission didn’t follow the Open Meetings Law, and when working on a proposed zoning amendment for a new carbon dioxide pipeline ordinance the board had taken months to get started as it looked for a time when all the members of both boards be present.
“I believe we need to learn from that failed experience and eliminate obstacles to the process,” Kuhn said, adding that only enough members to create a quorum are required to hold a meeting.
Also at the meeting Monday, the supervisors:
• Approved a plan to spend $3,776.50 on a marketing campaign to promote public awareness and reduce substance abuse, particularly involving opioids.
The proposal from the Floyd County Substance Use Prevention Coalition was presented by Floyd County Public Health Administrator Gail Arjes, and sought some of the money the county has and will be receiving from opioid settlement claims.
County Auditor Gloria Carr said the county currently has more than $65,500 in opioid settlement funds, and will potentially get up to hundreds of thousands of dollars more. Most of the money comes with strict guidelines on how it can be spent, generally referring to opioid or other substance abuse prevention and treatment programs.
• Set 10 a.m. on Tuesday, Dec. 12, for a “countywide” training session on the Iowa Open Meetings and Iowa Open Records laws, provided by a representative of the Iowa Public Information Board.
Kuhn said members of all Floyd County boards and commissions are asked to attend the session, and Auditor Carr suggested that members of public bodies in the county’s towns and townships also be invited.
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