Floyd County supervisors discuss outside counsel for wind energy advice; approve bid to clean up Nora Springs nuisance property

By Bob Steenson, bsteenson@charlescitypress.com

Floyd County supervisors discussed at their regular meeting Monday morning the possibility of hiring outside legal counsel to advise them on potential court action involving a commercial wind energy ordinance.

Supervisors Dennis Keifer and Jim Jorgensen backed the idea of seeking an outside attorney after the county attorney, Todd Prichard, last week advised them that the actions they were taking regarding the county wind energy ordinance seemed to him similar enough to an ordinance passed in Worth County that Floyd County could face the same fate – having the ordinance overturned in court.

Keifer said he had been given the name of an attorney by Madison County Supervisor Heather Stancil, who suggested he contact Thomas Reavely, of Whitfield & Eddy Law in Des Moines, because Reavely “knows about wind.”

Stancil on her website (heatherstancil.com) cites among her accomplishments as supervisor, “Proposed and passed a protective wind turbine ordinance that ensures the health, safety and welfare of our residents (later repealed by the other Supervisors despite both my and the public’s opposition).”

Keifer said he hadn’t yet talked about fees or the scope of services that would be requested, and Jorgensen said a special meeting may be needed to discuss hiring Reavely before the scheduled continuation of the third reading of the proposed Floyd County ordinance set for 6:30 p.m. Tuesday, Oct. 29, in the courthouse Emergency Operations Center room.

County Auditor Gloria Carr said they would probably need an engagement letter for the board to approve to hire an attorney, and Supervisor Mark Kuhn said they would need to know the fees that could be charged and the level of service.

County Attorney Prichard last week discussed with the supervisors a letter he had written regarding the recent decision in Worth County where a district court judge ruled that the supervisors in that county had acted “in bad faith” and with “improper purpose” in passing a moratorium and then an ordinance that made a proposed wind energy project in that county not possible.

The result of that decision is that Invenergy, which is also trying to develop a commercial wind project in Floyd County, can proceed building its project in Worth County under older zoning rules that were in place before the new zoning ordinance was passed.

“Unfortunately, from my observations of the actions of the Floyd County Board of Supervisors, it is my legal opinion that Floyd County would very likely have a very similar or identical outcome in potential litigation as Worth County,” Prichard had written in a letter to the supervisors and discussed at the meeting last Monday, Oct. 14.

“I strongly recommend that the Board of Supervisors amend the Wind Ordinance to provide reasonable regulation and avoid the cost of a long-term court battle that the county will most likely lose. The highly probable outcome of a loss in court will leave the county vulnerable to inadequate wind regulations,” he wrote.

The current version of the Floyd County commercial wind energy ordinance, which was heavily amended by Keifer and Jorgensen voting over the objections of Kuhn, would not make wind energy projects possible in the county, according to the representatives of Invenergy and another company, NextEra, also working on developing a project.

Keifer and Jorgensen have said they are responding to their constituents, who have told them overwhelmingly that they want strong health and safety protections regarding wind turbines.

The supervisors took no action on the topic, other than agreeing informally to have Keifer contact Reavely to get more information regarding his availability and costs.

Also at the meeting Monday morning, the supervisors:

• Agreed to hire Kamm Excavating Corp. for $4,600 to clean up debris and trash on the Duane Tesch property on Rock Grove Lane in Nora Springs for a county nuisance violation. The Kamm bid was the lowest of three received for the project.

On June 18, County Attorney Prichard filed a citation of municipal infraction for nuisance code violation against Tesch, saying there were “numerous piles of junk including garbage, appliances, old tires and wrecked or dismantled vehicles or parts of vehicles; numerous piles of flammable junk including paper, cardboard and wood, some in close proximity to a fire ring and LP tank; dense growth of weeds, vines, brush and other vegetation making the property unsightly.”

A trial was held on Aug. 21 before county Magistrate Ann Troge with Prichard representing the county and Tesch representing himself, according to court documents.

On Aug. 26, Troge ruled that Tesch was in violation of the nuisance ordinance and gave him 30 days to clean up the property “to the county’s satisfaction.”

At the supervisors’ meeting Monday morning, County Zoning Administrator and Sanitarian Jessy Willadsen, attending remotely, said the property had not been cleaned up and he recommended the county accept Kamm’s bid as the lowest of three received.

The cost of the cleanup will be added to the property taxes due on the property.

In July 2023 the county had ordered similar action taken against Tesch, at that time paying $8,500 to clean up the property and assessing the cost against the property.

In March this year, Tesch was fined $2,500 by the Iowa Department of Natural Resources for ignoring warnings that had been made by the state since 1996 to not burn various types of waste on properties he owns.

• Set the official canvass to certify the results of the 2024 general election for 10 a.m. Wednesday, Nov. 13.

County Auditor Carr said the canvass is typically held on Monday or Tuesday after an election to give time for overseas ballots under the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) to be delivered to the courthouse, but since Monday, Nov. 11, is the Veterans Day holiday with no U.S. Mail delivery, she suggested it be held Tuesday or Wednesday.

Carr said about 25 Floyd County ballots had been sent to overseas voters.