This week’s Tama County Supervisors meeting started off with the pistol shot of contentious discord. Former Zoning Commission member Craig Sash took umbrage with Supervisor Curt Hilmer for being kicked out of last week’s meeting. Sash presented Hilmer with a copy of the supervisors’ oath of office and made the argument that when he was thrown out for telling Hilmer to “Shut up,” he stepped on his First Amendment right to free speech.

Hilmer’s response was that he had initiated a conversation with the person standing next to Sash and not Sash himself, and that, according to public comment policy, he did what he was allowed to do. The two men went back and forth on the issue some more. At one point, Sash uttered a chuckle that Hilmer mocked and asked, “What’s the evil giggle mean?”

The usual breeze through agenda item of approving the last meeting minutes was another point of controversy as Supervisor Heather Knebel made a motion to take out a large chunk. The redacted passage was six paragraphs of the Supervisors’ discussion on the Salt Creek II development, which ultimately failed by a 3-2 vote. During the later public comment time, the subject of transparency was brought up, and Knebel addressed this concern.

“It’s nothing to do with that. If we don’t for other things, we’ve never put what our discussion item is, we’re not gonna do it just for one topic. If we don’t do it for every topic,” she said.

The stricken paragraphs can be found published at the end of this article.

The Tama County Engineer, Ben Daleske, reported that they are reworking 275th St. and C Avenue into a T intersection. Iowa Bridge and Culvert finished the box and are working on the culvert. PCI has removed the bridge and is working on the substructure. Manatt’s is on to E66 to start the Cold-In-Place; this should go on until November. They are still working on O Avenue between 200th & 210th, replacing a low water stream crossing. They are also continuing to retrieve shoulders this week. The Supervisors approved a utility permit.

The previously scheduled Zoning Ordinance Fee Public Hearing for Oct. 13 was changed to the same date, but for 9:30 AM, instead of its previously scheduled time.

After a nearly hour-long closed session, the supervisors came back to discuss the Salt Creek Wind 2 issues. After publicly stating their opinions on the current deal, they unanimously approved all actions pertaining to the Salt Creek Wind 2 project, including the Road Use Agreement, Decommissioning Plan, Settlement Agreement, and resolution. Before the vote, Knebel spoke about how they got to this point.

“So, after our last meeting, the biggest trend was that per Iowa Code 335, a few of us felt like it needed to go to the Board of Adjustment. What I didn’t want to see happen is this agreement to go away. I think Mark and David did a good job negotiating it,” she said.

Knebel went on to talk about how after supervisor David Turner took himself off the negotiating team, Knebel got the phone number of CEO of Nations Energy Solutions and the owner of Salt Creek Wind Phase II, Sean Roberts.

“So, I called him up, and I said, you know, it needs to go to the Board of Adjustment, can we make that happen? And he was completely accommodating. You know he’s wanted it to go to the Board of Adjustment and so he got back with his team and they agreed yes that they could put in there so if you look in the agreement, there’s a couple different spots, but under number 5 effective date this agreement shall become effective after SCW2 has arranged a CUP from the Board of Adjustment of Tama County or an equivalent authority to proceed with construction has been granted to SCW2 and any appeals period for the same have expired without any ongoing legal or administrative challenges for the avoidance of doubt if SCW2 is not issued a CUP then this agreement, the road use agreement, and the decommissioning plan shall become void of no effect,” she said. “So, that was the item where it was added, so ultimately, what that means is the board of adjustment will have their opportunity to meet and hear it, and I want, this is all in good faith, it’s not like I’m just doing this, let’s send it there so it fails, this is good faith. Let it go to the Board of Adjustment.”

The supervisors also designated Attorney Tom Henderson for the County Board of Adjustment, and approved the Chairman to sign a rental agreement for the BOA to reserve the Reinig Center for a meeting.

Claims totaling $102,059.83 were approved.

Redacted paragraphs

Supervisor Turner stated he was for the agreements and that he is voting on truths and facts. He had spoken to young farmers and sees this as a landowner right and can see where this could lead to legal action. He also stated how the city of Toledo, South Tama School District and Chamber of Commerce is in favor of the agreement. He believes that if it is deferred to the board of adjustment that would be a delaying tactic.

Supervisor Hilmer stated his problem is how this all happened. He stated this has been all lies and bullying. That only a small number of farmers are struggling. He stated he will agree with what the board of adjustment says. He stated today has been great, but that he will always be against them and that he can never be in favor of it.

Supervisor Knebel stated that this needs to go before the board of adjustment. She then read Iowa Code and what the powers of the board are. She stated that she enjoyed the conversation today, but that they are not meeting the ordinance. She stated that we have the Comprehensive Land Use Plan and that this needs to be changed to industrial. She stated property values will be affected and that there could be health issues. She stated she will vote no today and that she wants to digest what was discussed today and have lawyers and the public review it. She stated board of adjustment, per the ordinance, should be hearing it.

Supervisor Doland stated that everything negotiated today and all stipulations from today will all go away if not approved today. If this goes to the board of adjustment, it will end up in court and we could be sued for millions. He stated the county’s attorney has said that the board of supervisors can approve the agreements. He stated other things in the county are suffering because this is all that has been worked on. He said that Knebel has stated in the past that they have vested rights. He said Hilmer has said what is another 27 when we have 80. He stated the board of supervisors do have the power today to approve these agreements. He stated he is tired of wasting county resources and is trying to stop a lawsuit.

Supervisor Kupka stated that he is the deciding factor and to just take the vote. I’ll tell you how I feel when we get there. Knebel asked why we would lose everything that has been negotiated. Doland stated if we can’t come up with an agreement means we will end up in litigation. Our own attorney has said that we would. It’s not a threat or a scare tactic, it is what is going to happen. They have agreed to all of our terms other than the $2 million. Why would you vote no? Hilmer said he had made that comment, but after 45 calls he has changed his mind. Knebel stated she has been the wind person and would have handled the negotiations. She stated the $1.3 million is all we are losing and that it should go to the board of adjustment.