Board of Supervisors - Regular Meeting

With liberty and justice for all. When you do the agenda, maybe just make a note that resolution numbers were changed a little. Okay. I got off one. Okay. No old problem. So, can I get a motion to approve today's agenda? I'll make a motion to approve the agenda with the uh changes in the numbers of the uh resolutions. I'll second that motion. Call for a vote. Tippet, I. Seeman, I. Rolls, I. We got an agenda. About the minutes. I read the minutes, didn't see everything appeared to be in order. After I sent them, I did add a time to that land use hearing. It was supposed to have 9:15, so I fixed that. Okay. I saw them, no problem. I'll make a motion to approve the minutes. I'll second that motion. Okay. Call for a vote. Tippet, I. Seeman, I. Rolls, I. Matt's not here yet. About the liquor license. I did not I did not see that. I don't have it. You got it? Yeah. That's what was our quarterly, right? Yes.

What you want me to add? Very good. Okay. Can I get a motion? I'll make a motion to approve the liquor license for the Blairstown Lions Club. I'll second. Okay. Call for a vote. Tippet, I. Seeman, I. Rolls, I. And How about this discuss, approve the FY25 central service cost allocation plan. Hailey. Yep. So, that's what we do every year with that Cassie. Um they go through and do the indirect cost for like our DHS, we used to have it for the mental health, all those different regions. And then transportation, I think used to utilize it. So, it's just part of an audit, but but they they are always like the prior year, so they wait till the fiscal year's done and then they do it. Okay. And then we use these amounts going forward in this next budget. Okay. So, I just need you guys to formally approve and I emailed you the bigger report. Yep. And then you just sign on that back sheet, Tracy. Okay. Can I get a motion to approve the cost allocation plan? So moved. I would second the cost allocation plan. Okay. Call for a vote. Tippet, I. Seeman, I. Rolls, I.

[snorts]

Okay, Ray. I have two items this morning. I'm going to take the contract in Tama County first. Uh our collections and primary interest in the contracts with the counties. And this year um we are um up for renewal in Dubuque and Tama, and uh Bremer County. So, Tama has signed. Yeah. Got you. Uh 3-year We went to 3-year contracts so we have more stability and predictability for the department. So, that's the 3-year with Tama. They signed it last week and then Dubuque's board of supervisors signed theirs yesterday. So, I'll have it on the agenda for next week for you to sign. It doesn't change any of the terms or anything, just gives us 3 more years of of working together.

[clears throat]

I have the proclamation resolution number first. Before that. I don't have that order. Yeah, that's okay. So, you want to do that one? Yeah, I'm going to hand this out and let them guys take a look at it. The Iowa Bar Association in association with the American Bar Association and other states have Got you. have given to me to present to the county American 250 flag in honor of the rule of law that has created our countries and states and counties. So, there's a proclamation that uh I think Hailey's going to read goes with it. And then I would ask that if we can find somewhere to put the flag up that we do that. Okay. Well, I get to read it. Yep.

[laughter]

Or if you want me to, well. Okay. So, resolution number 2636, proclamation honoring the rule of law at America's 250th anniversary. Whereas the United States prepares to commemorate its 250th anniversary in 2026, the Iowa State Bar Association and the Iowa State Bar Foundation proudly recognize the enduring role of lawyers in shaping, preserving, and defending our constitutional democracy. Whereas from the earliest days of our nation, lawyers played a central role in the creation of the Constitution and the Bill of Rights. Many of the framers, including James Madison, Alexander Hamilton, and John Adams were trained in the law and wedded to the principles of due process, individual liberty, and the separation of powers. Their legal insight helped establish a system of government grounded not in the authority of a monarch, but in the enduring strength of the rule of law. Whereas today, lawyers continue to safeguard these founding ideals in courthouses across Iowa and throughout the nation, attorneys work to uphold constitutional rights, pursue justice, and ensure that the laws of our free society are applied fairly and faithfully. Their service helps strengthen public trust in our legal system and affirms that the Constitution belongs to all people. Whereas in recognition of America's 250th anniversary, the Iowa State Bar Association and the Iowa State Bar Foundation are honored to present a commemorative 250th anniversary flag to the courthouse of each of Iowa's 99 counties. Displayed alongside this message, the flag stands as a symbol of our shared history and an enduring reminder of the constitutional principles that unite and sustain our nation. Therefore, as we mark this historic milestone, we affirm our commitment to the Constitution, the rule of law, and the lawyers who serve as its stewards yesterday, today, and for generations to come. Attorneys were present at our

nation's founding, and they remain committed to serving the cause of justice today. Now, therefore, we, the Board of Supervisors in and for Benton County, on behalf of all staff and citizens of Benton County, do hereby proclaim the rule of law and will display the flag presented as such to honor America's 250th anniversary. Perfect. We have this nice little plaque we could put by it over there. Where did you guys want to get a picture with the flag or something? Hm? We we should get a picture. I seen some other counties are doing that. Okay. And we'll see. And then um Want to get you guys to stand up by the flag over there. I don't stand up by the flag? Okay. Be careful on that. I get in the way. Yeah, probably. Come forward. Yeah, it's everyone but Tippet. Oh, yeah, that's all the county people. Yeah. Whatever. Just got to make sure that it's read read read read correctly. Pray over here. Here's the end there. All right. Okay. Can I Can I join you guys on the side? No, we're good. Supervisor. Try to supervise from behind there. I don't know where yours

[laughter]

I am. 1 2 3 2 3 3 3 Thank you. Thank you. Some of them actually had it outside on the light pole. Oh, wow. I don't know if that's That looks pretty That was small. Not too excited though, are you? It's not too excited. Is it too excited? Is it too excited? Yes, it is too excited. So, can I get a motion to approve the 250 the proclamation commemorating American's 250th birthday. I'll make the motion. Uh resolution 2636 proclamation honoring the rule of law at America's 250th anniversary. Perfect. Second. All right, call for a vote. Tippet, I. Seaman, I. Rolls, I.

That one's done. Now, we'll go back to raise Tama County deal. You looked at it. I looked it over. Okay. I have I looked at it, but I'm going to trust you guys. Yeah, there's no Like you said, there's no changes other than we're going to 3 years. Yep, that's the only change. Yep. Okay. That all looked good. So, I'll make a uh motion to accept our resolution 26-37 the 28E agreement with Tama County regarding delinquent court debt collections. I'll second that motion. Uh call for a vote. Tippet, I. Seaman, I.

Rolls, I. We've got to sign these. These are 36, correct? Uh yeah, 36 was the first one. This one's 37. Yeah. Okay. 36 2 Yeah. Oh, you have more Well, I have them. 37 1 2 Okay. Those the last one. Here. Here you are, sir. Seaman Yeah. Do you file this with Secretary of State or do I need to do that? Um I can do it. I have to go up there. Okay. Yeah, I want to do this. Do you want me to do I'll take it to the Treasurer and I can go up and do it. Yeah, and can you file this with Secretary of State? Melinda I'm not sure I can do it easy. Okay. Uh we have a resolution to abate some taxes for the Iowa Department of Transportation. It probably should have been done last fall when we were abating the mental health EMS. Okay.

Can I get a motion to approve the abatement? It's probably something with the state bought on 30. Yeah, it's It's on the land at the end of it. It had to be one that got missed when we were doing the other ones. Got it. I would move to approve resolution 2638. Uh it is for the Iowa Department of Transportation required acquiring property for public purpose [clears throat]

and that is parcel number 540 -00 810 and the taxes plus interest are $313. I'll second. Okay, call for a vote. Tippet, I. Seaman, I. Rolls, I. 9:15, that is canceled, correct? The public land hearing? Yes, they withdrew right now. Okay. All right. Matt, why don't you go ahead and take over then? Do you need me to do any action? Except the withdrawal right now. Um I think just acknowledging it since we published that it wasn't here today. All right, uh so first one I have here is like I said, public hearing for the approval of a non-agricultural use for Martin and Julie Noe. And that's in section 7 of Township 86 North Range 10 West. And that public hearing would be at 10:15 a.m. on Tuesday, June 2nd.

Can I get a motion to approve? [clears throat] I'll make the motion to approve public uh hearing on June 2nd for the Noes. Okay. Second. Okay, call for a vote. Tippet, I.

Seaman, I. Rolls, I. Next. All right, and like I said, a public hearing date for the approval of a non-agricultural use for Jordan and Dana Arthur. And that's within section 22 of Township 83 North Range 9 West. And that public hearing would be at 9:30 a.m. on Tuesday, June 2nd, 2026. I would make motion to approve the land use hearing for the Arthurs. Uh also on June 2nd at 9:30. Okay. Second. Okay, call for a vote. Tippet, I. Seaman, I. Rolls, I. All right, finally I like to say another public hearing for the approval of a non-agricultural use for Ben Grant and that's within section 4 of Township 84 84 North Range 9 West. And that one would be at 9:45 a.m. on Tuesday, June 2nd. It'll be a busy day. I would also make the motion to approve the land use hearing for June 2nd at 9:45. And that one is for I had it here. Yeah. Ben Grant Ben Grant Yep, there he is. I will second that. Okay, call for a vote on that one. Tippet, I. Seaman, I. Rolls, I. Thank you. Okay, discuss and approve word changes on safety footwear policy and sick leave donation. Wait, I think I have sick leave words, right?

39 39, yes. Yes, sick leave. No, she's not ready. Do you want to talk on those? Um it essentially clarifies um the issue on whether you can get money back if you got your boots. It was less than the Sick leave Sick leave first. Okay. The The only change there was the original draft that was prepared was um to make it um one time a lifetime uh cap on earning leave. And uh that language got left out when those passed. I just did that on April 6th, so that policy is ready to be revised then. So, this is Yep. Just that little section. I'd make a motion to uh accept resolution 26-39 to amend resolution 26-26

regarding the change in uh wording on the uh policies and procedures for donated leave. I'm just reading the last little bit of it here. [snorts]

I would second that motion. Can I call for a vote? Tippet, I.

Freeman, I. Pools, I. The footwear issue was raised as whether if someone got a new pair of work boots that were $150 a pair of boots and the person got an $80 pair of boots, they'd get credit or they could use that later in the year and and the way that we wanted this treated was you get $150 for to buy your footwear and it's up to you use it or not use it. You know, some or all of it. Yeah, we brought this up a few weeks ago, if you recall. Mhm. And then they would get like two or three pair for that cost. They could carry it over up to 2 years, right, Ray? Yes. The credit.

Yes. So, if they didn't buy a pair buy a pair, they could use it the next year, they could get two pair. Yeah. I don't see it happening a lot. My thing is that secondary roads people wear their boots out pretty Mhm. quickly. But, I think some of them like a summer pair and a winter pair. Yep. Whether it's snow or not.

Yep. But, you know, you can get really down in the weeds and try to legislate every minute detail, but I think just saying here's what you get, use it or not use it, it's up to you, is the simplest way for Alicia to to manage the administrative side of it. We also have the eyewear policy down, which should be coming your way pretty soon. We're going to put a cap on that one, too, for dollars. The eyewear? Yeah. It has some It was $250. And that's on the board to discuss what they want that to be, but they said 250 or more, but they but remember that. Where does our insurance carrier stand on that as far as we've got that What is it? A secondary policy for vision? Safety eyewear, is that covered in that? Mhm. No. And those aren't mandated. I mean, people Not everybody takes that, so. Yes. Okay. Uh Reports. We didn't act on that one. We didn't act on it.

Which one? The 2640 resolution. On the same one again? Okay. I'm getting ahead of myself. All right. Can I get a motion to approve the resolution 25 2640 amending resolution 2597 the footwear. I would make that motion. I'll second. Okay. Call for a vote. Tippet, I.

Freeman, I. Pools, I. All right. Now, how about reports? I had no meetings last week. I had uh East Central Iowa Workforce Development Board C CEO meeting we did was just very simply just discussing the uh It was a Zoom meeting and it took 20 minutes and we just went over the bills. Everything got approved. So, that's the only one that I had. Okay. The other thing is historical preservation. The uh contest [snorts] that they have with the kids in art class of drawing, um they believe they'll have an excess of 350 entrants. So, they got a very good very good response.

And we said we'd help uh we said we'd judge them. Judge them. Help, yes. Yep. Okay. So, Hopefully, we can find that piece of mail, but Yeah, I'll check with Officer Stover and see if he's seen it cuz she thought maybe he may have got the mail out of there. And put it in the in their office. He Yeah, she could. So, I'll check with him after the meeting. That's all I had. Okay. I had safety meeting last week. That's where we discussed these policies that we just voted on the I sat in on that. Uh then I had ECCOG transit policy meeting and that was over the the filing for getting federal money for the buses in all the counties that are members of that. Their budget setting goes back to the federal government and then I had ECCOG meeting after that. Uh the one thing that I wanted to point out, I thought

[snorts]

was kind of I don't know. How can I say this? Uh weird, I guess. Uh Jones County, they put up a building a year before we put our transit bus building up. Okay. Now, they have outgrown their new building. So, they are going to put up a new building through ECCOG again for $480,000 to add on to the building that they got. So, I just think that what we did how many years ago Still in use. Yeah. We're ahead of the game. And that's about it then on that. I got a question on this contract. In that order, Derek. Got year 23. Chris, are you going to Heartland Um Thursday I can. Can you stop down here and get the thumb drive with all the driver's license registrations? Don't worry about it. Okay. Yeah. Yeah. Can you want to stop today and grab it? I'll just stop today. Okay. So, it's not a big change. So, if you cross that out and put in 26.

All right. It's not a material change.

All right. As long as you're happy. Yep. I must have missed that somewhere. Things are easy to I did forward an email on to everybody with the 28E agreement and bylaws from the Central Iowa Juvenile Detention. Sounds like that'll be voted on at their next meeting, which I believe is the 22nd. Uh which I plan on attending. Uh And then that would then come back uh to the board where we would vote on who wanted to be a member over there now. You know, you know, we don't we can't sign any of these those 28E's just because we're not a member yet.

Right. Okay. And they they they cuz they're approving their change in the bylaws, correct? Yep. And then once they approve that, we can apply or ask to join and then we'll have to bring it back to our boards again. Right. I do have a concern about speaking. Um the way things are handled, as you guys know, I try to update you at least weekly on the situation with the detention. And that goes to Haley. And those uh invoices came through for me to review and That goes to Haley. And what struck me is unsettling is that you know, we're getting billed for all these medical treatments and a lot of times there's not enough description to know what we're paying for. And it's something to look into to see if we can get better explanations cuz I, you know, we're spending taxpayer money, we'd at least like to know what it's going for. Is Well, it can say be be between you and the juvenile court would be the only people who would actually know who's there, correct?

Right. Yeah. You know, I'm Yeah, I'm I'm sure we're going to run into HIPAA issues, but you know, we're paying for the medical of these kids when they're in in detention. Does Does the juvenile court officer, in your opinion, have the right to to request question those and request at least by phone so he could okay it? Well, I agree. a name? Well, we have the right to do that to a certain extent. Um We tried to do that before.

We did try before and and you know, Luke has made requests like that for me. We try to get more clarification on things, so I'll work with him to see if we can't get something better in place. Cuz I think that was done with the previous CEO, too, in place, which might make a difference. I don't know. I'll say cuz [clears throat] I can ask at their next meeting. All right. If we can get that added. Yeah, you might get a bill that will say nurse visit. Okay. Is that mental health nurse? Is that physical injury nurse? Do we have kids that have gotten assaulted that we weren't told about? You know, you know, it's it doesn't provide them details. Some of them I thought like we're overlapping [snorts] on dates, so maybe they come in more than once, but we need to know. Yeah, it's just you know, that. There are a lot of invoices I have to review and We made him do the medical ones. My office doesn't feel comfortable signing off on them because we don't know the situation, so. Have you read that 2080? That Sure. Yeah. I don't understand why I read it thoroughly last night or this morning. Yes. Well, you can get the same Because you don't get priority of placement. That's So, they don't guarantee you a benefit if you're not a member. It don't say that.

No, they don't say that, but They kind of told us that in a roundabout way last You know, the problem is we really don't have a lot of options. I've talked to Linn and Black Hawk County for their detention facilities and they're not interested in taking on anybody. So, it's really the only game in town. Cuz see, I got the problem of if we got to pay a dollar per head, Yeah. per person in Benton County, which would be 25,000 and change, just to be a member. Oh, we get it. That's just that that that would be like where you have to wait your Yeah, that's I have a hard time swallowing that.

Yeah. Well, I do, too, and and and maybe maybe we should review on whether we want to be a member. Then you take the risk of having to scramble to find Well, you you may not find a facility. That's the problem. And you may be in Sioux City or somewhere trying to find a facility. The problem is issues usually come up like midnight on Saturday night. You get a weekend with me and called at 11:15. Detention wouldn't take a kid. Well, he met the criteria, he scored 15 points on their scale, which should automatically got him in the door. They wouldn't take him, so I called detention and they said, "Oh, we can't take him." I said, "Yeah, you know, a year ago, this is why you're you know, why you're supposed to take him." Nope, so they wouldn't do it, so then I called the judge at home, so the judge would please call these people and tell them they have to take this kid. They wouldn't listen to So, she did and next thing you know, we get a call, "Oh, yeah, we'll be there shortly to get him." So, we're frustrated because they're not even following their own criteria. Well, what if we don't have the bed space? So, would that change if we're a member then? They couldn't

[clears throat] give you the runaround? No, we won't. No, we won't. No, this is just somebody getting another damn protocol. Okay. You know, we're working probably some new employee on a weekend shift. You know, we don't like to make calls on Monday or full apologies and yeah, well, well, this won't happen again, we'll make sure and blah blah blah, but you know, that ended up being Saturday night. I don't want to call the judge at 11:30 on Saturday night. I mean, but they could obviously run out of bed space still, too, even if we are members.

That's true. That's true. Okay. And one option is if there wasn't a bed, we could always take them to the shelter. Um the shelter's not a locked facility, but you know, if they can't be in the home for some reason, that's an option. The problem with shelters kids tend to run away from it. So, That's for next week, then. Yeah, I think that's If you're ready to Because now he it'll be after it's twice a week. Yeah. Meeting not till late tomorrow. So, a couple weeks. All right. As soon as they load them up there, we'll bring them back here. Okay. That could be another question, too, Ron, is like, are we guaranteed a bed space if we're members, like the heads, and how many are we allowed, and That was my assumption by reading that, but I guess it didn't actually say that.

You can get a bed at Linn County if you're not a member, it's just if they're full or if you have a kid there and a member calls and says, "You have a kid there," then they kick yours out. So, that's that's the downside of that. But they're not looking at taking on more children. several times and they I've talked to Waterloo up there and they're they're like pretty small there and they're not interested. Is the detention center still going to be the payer of record on some of those regional mental health? I would assume so. They pick up a lot of those contracts around the state. Do they actually have office space there for them or how do they do it?

They've got somebody doing the books on a bunch of that stuff. Okay. Cuz that's where Sarah's going to come out of then, July 1. What if that wasn't where that was going?

Yep. That's what I heard it was. Yep. That's what That's the emails that I've got, so. I don't clean up my computer a lot, every 2 weeks. All right. Uh Public comments. Good morning, everyone. Morning. My name's John Lee. I live just across the county line. You may remember me from coming here last time. Um Do I need to say my address? You have up to 10 minutes. Okay. Say your last name again. Yes. Yep. Uh right now, Linn County is making I don't read from this, then I'll forget stuff, so. Um Linn County is making decisions that affect residents who live closer in Benton County than their own setback standards allow. I don't think that they fully appreciate that unless they hear that directly from you guys. Um I wanted to come here and first say thank you. I read the letter you guys submitted to the Iowa Utilities Commission regarding Morgan Valley project. I truly appreciate that position that you guys have taken on behalf of your residents. Um the concern you outlined, especially the proximity to Atkins, uh the 2.25 miles setback standard in Linn County, um and the need for consistency, um are the exact issues we're trying to get Linn County Board of Supervisors to fully understand. I also wanted to share briefly, there's been a lot of engagement happening on the Linn County side. Residents have been reaching out and we're working to get public public discussion with the Linn County Public Health uh to better understand air quality modeling and potential impacts. I thought that might be helpful for you guys to know, uh both in terms of your own understanding and in communicating with Benton County residents who may be asking questions. Uh I also want to let you know that that

this issue is starting to gain attention beyond the local level. Uh there are ongoing conversations with state officials and more discussion happening this week. I share that just to say this isn't something you'd be stepping into alone. Uh there's growing awareness and your voice would add a lot of weight to that. Uh in your letter, you asked for more dialogue and better coordination, and that's really why I'm here today. I would I would respectfully ask that you guys consider sharing these concerns directly with Linn County. Whether that be attending a meeting, one of their meetings, making [clears throat] a public comment, sending a letter directly to their board, um or asking to be put on their agenda to speak directly with them at a meeting. Just so they can hear first hand how this impacts Benton County residents. Your voice carries weight here, especially because your residents are among the closest affected. And I believe hearing that directly from you could make a meaningful diff- uh difference before any decisions move forward. Thank you again for your leadership and considering that request. I appreciate that. I believe we did send a copy to the supervisors of Linn County, the same one that probably read. We sent it to them. So, they should know well. I'm sure that they know. I just

[clears throat]

Some of the some of the things, you know, we're trying to do everything we can. There's a group of us. We are we're trying to just apply pressure wherever we can. There's a big group of us that showed up to draw attention to the fact that there's just got a little awareness in Linn County. And we believe that we we're hopeful that there's going to be a meeting to discuss from the Linn County Public Health and Air Quality. We hope that that meeting's coming. But we just we just think I just think that there's real pressure that that can be applied [music] just by showing up and and saying things on record in front of them. So, I just I just wanted to ask and see if that'd be something you guys could help me with. Thank you for sending the letter. Thank you for all you're doing. I just I just think there's a lot of us that think that you guys could could be helpful. It's just hard to understand how that is. How how you can be more helpful. You guys know I'm just stepping into this thing and I'm just trying to do the best I can. But I also want to make sure that everything can be thought of or can be done. That could be the best that we can. I'm just hoping that utility boards use common sense. That's the only thing I got to say. And I and I if it gets that far, I plan on going to Des Moines and sitting on that hearing. So. Very good. Very good. Yeah, I think you know, I think there's a general consensus about so many people of the quantity of people that this impacts. You know, how close it is to Atkins to Fairfax to Cedar Rapids. I mean there I agree with you. I hope that they use common sense to figure this out too. So. Okay. I saw a

yard sign in Walford that said no. Oh yeah, they're all around Atkins. I've always That's the only one I've ever seen in the I've seen quite a few in Atkins. I see those things everywhere. We've only made 200 of them and there isn't very many left. Yeah. Yeah. [clears throat]

I said, well, all right, that's good because I keep saying that. If you need any of them, we're happy to get some to you. Well, I I've put them around. I don't have a problem doing that. Okay. Yeah, you get them to me. I'll put them out. We'll make sure some get some to you. That's fine. Yeah. In our letter too, we also asked that the Board of Supervisors of Linn County would have a direct meeting with us at some point. Again, I don't know who should initiate that further, but I have I have had a hard time getting them to engage in in our communication. I'm I don't give up. I talked with the Linn County Auditor we were at an election training. So, we spoke a little briefly about it. Yeah, I mean I I would say give up. Keep them The squeaky wheel gets the oil. And that's and and we've been starting to see that now that it's been this much time. We're starting to get the more people get engaged in sending them emails. They're they're asking the same questions. We're starting to get some traction and getting some answers. So, those answers are typically what we would expect, but we are getting some some engagement from different departments in Linn County and different meetings. I'll be with one of the Board of Supervisors that is for this on Friday. So, we're going to have a discussion. So, I'm excited for that and so we're we're pushing hard and doing absolutely everything we can, but we're just trying to get every political figure involved that we can to apply pressure wherever we can. So. Have they has Linn County have they done like the actual application process for the land use change or the zoning change for the

plant? Cuz I've been looking at their minutes and I haven't seen nothing. But not yet. Not yet. Not yet. They're Everything that I've gotten back from Linn County and from the DNR is they're for the permitting process and everything that's going on. They're in the process of like it's in motion, but some of the answers like I just got an email from the DNR in Des Moines this morning answering some questions. And some questions like air quality uh questions and weather weather testing site specific baseline testing. Some of those questions have to be answered or have to be answered upon the review of the application. So, those questions they aren't answering, but but very simple questions that are really alarming to me and other property owners here are that that it appears that there will be no weather or air quality baseline testing before the the anything is is issued or after. And I'm happy to actually I shared that with a comment down at Iowa Utilities Commission of the communication between the DNR and myself. That just put that just came up yesterday. But it's it's a long read with the communication through the DNR, but it's a lot of information that is to me very alarming in how they do things and how they they view them on the weather modeling and topography situations. It's called Morgan Valley power plant and we live in the valley. The entire situation and and I've asked about whether or not, you know, the weather monitoring system at the Eastern Iowa Airport can figure out what happens in our valley. And they they've been and that took some

real direct questions for them to answer, but basically there's some kind of surrogate situation that they figure out the the elevation change in my valley and they say that they don't need to go figure anything out baseline site specific stuff. Which to me for a project of this magnitude, I don't understand why, you know, the the fractional cost that it would be for them to actually protect the people. You know, a big part of what I've been trying to say to every government agency that is out there is, you know, the Iowa Utilities Commission and the Linn County Supervisors and you guys not in in that in the placement because Alliant Energy doesn't know how to correctly build a facility. You know, the Linn County Board of Supervisors and Iowa Utilities Commission have a seat at the table to protect the residents of Iowa and of Linn County and to keep us protected against this. And right and and all the people, you know, and and the air quality and and land use and stuff. It's not any one person's responsibility to only oversee whether or not this should be agricultural land or whether a power plant should be built here. You know, the the people that have a say at the table here are to protect the residents of Iowa and the people who live closest to this facility. And and right now that it's a struggle to understand that that's really happening. And and that's that's really what we're trying to to get out there. I'm I'm I'm in no ability to say whether or not we should have a a power plant, whether or not, you know, the emissions

are are unsafe for everybody, but I but I know enough to say why in the heck aren't aren't isn't a project of this magnitude being reviewed in a way that makes sense to the common person? And why isn't it being explained in plain English so that we can understand? And I have a lot of questions for the health department in order for us to understand that. And I I'm very hopeful that that meeting happens and I'm and I will be communicating with you guys to hopefully help have you guys help us let Benton County know that if that meeting's happening, I think that there's questions that Linn County needs to answer for Benton County because it's going to affect you guys's health and everybody in Benton County in the impact zone so to speak as it will in Linn County. Okay. Thanks. They go on and on. Thanks for having me. All right. Thank you guys very much for listening. [clears throat] My name's Jay Hopkins. If you probably are aware [clears throat] the application from Alliant was filed. If you haven't read it, you probably should. There's some pieces of

[clears throat]

I'll call them misinformation from Alliant in there that are important to Benton County. So, it's probably worth the read. My other comment, if you haven't heard, the local grapevine knows of a 240 acres on the Linn County backing up to the Benton County line, which was next to Walford. It was just sold recently and that's being touted as data centers. I'm suspecting that there's somebody from Benton County that's actually a part of that process. But again, this it's on the Linn County side, but it's going to directly affect Benton County when if that type of thing happens. Walford From what I know is not for this thing, but you know, it's kind of down in the corner of the county. It's um sometimes out of your your shot. So, just be aware that that's on your radar. That things along that county line are growing up and each one of them, of course, is saying, "Oh, yeah, we we coordinated with Benton County." And yeah. I also encourage you to do the things that John said. Um Benton County really does need to talk with Linn County. I I'm glad you sent those letters. I think you got to push hard because they're split on the Linn County side

and so it's it's hard to get action. There's some amount of dissent internally with them. So, the more pressure that Benton County can put on them, the better. And I think I'm probably going to have to come down to some legal action at some point because I don't think that just the gentleman's handshake agreement is going to resolve this issue. So, you're probably going to have to look at applying legal pressure into some areas that maybe haven't been done before because this type of situation, at least in my knowledge of this area, hasn't really happened. But has a potential for happening in a number just not just this particular venue, but as you're talking about Sheriff Goldsberry and Palo area and now you're talking about the Walford area. Benton County needs to be ahead of the game on some of that, I think. Thank you. Okay. I didn't come with anything prepared until I was given the assignment. I'm sure you've gotten my emails. Sure did. Um You keep us busy. I'm [laughter] sorry, sort of, but not really. I think I think legally you are going to have to do something. I mean, I personally plan to intervene on this case, but I'm not an attorney and I don't represent Benton County. So, they the feeling that I get from looking at dockets out there on the IUB website is that Alliant has a lot of projects in the pipeline um

for this area. I mean, for Iowa in particular because you know, whether it's noise or just an easier go and faster and we also don't have We don't really have ordinances and things in place to stop that. So, I think the only way we can rely on this is if they quickly they can get things in. And the regulations will have to catch up, but it will be too late. So, I mean, I personally recommend something like a temporary moratorium on big builds like that, like killer's data centers or power plants or something until you have had an opportunity to formulate something that works for Benton County. Um And I I think you know, you've got to do an ordinance regarding, you know, setback distance that would conflict with what they have going right now to this project just as a voice of conversation. Um Because I mean, unless you step in and do that, and they're not going to approach you. That's the feeling I get. They're not going to approach you to talk to you. Let me say two things here. Uh Ray, correct me if I'm not if I'm wrong on this, but when it comes to like Linn County, we can't enforce anything that we do here in Benton County on them. It stops right in the center of the road. So, we have a land use right now that really protects our farm ground. I myself am a farmer. I'm all for this what we have right now protecting the farm ground. Um So, but it when it comes to like uh the power plants or electricity like that, I'm just afraid that

no matter what kind of ordinance we have, since it's a utility, that would override our ordinance. I'm afraid of that. Am I right, guys? I mean, I I think they just saw something that happened recently where Scott County told a power plant, "No." In the state of Iowa, really? And and and they're like, "No, we're still going to go through the state." See, that's the only thing. We can adopt something, but yet So,

But knowing that that fight is happening, like Scott County Yes, they done that, but that hasn't been decided that that's a given. So, Scott County kicked out the power plant phase one and then they went to the IUB and said, "Hey, you guys can override this the board." But they're in the process of they're trying to figure out is that even okay? Does the board really have that kind of power? So, that's the same type of fight that can potentially happen in this area. So, that's why I'm saying we have to be ahead of the game. Yes, we understand that Benton County can't impose the will on Linn County, but like [clears throat] wise, Linn County shouldn't be able to impose nuisances. If if you have to go all the way down to the general nuisance law and fight about it, you know, there's there's avenues to go that they can't just do something on a county line that's affecting Benton County side. Understand that Benton County is a legal entity, okay? So, our rights in this and our opportunities in this situation have to have a basis and impact on Benton County's legal entity. What about Benton County's what? As [clears throat] an entity. As a as a you know, as being separate and apart from the actual people who live here. So, arguments that we are looking at are you know, effect on say the conservation trees around Atkins or possibly an effect on the corn suitability rating in the area cuz that would affect our tax base. So, there are arguments we're looking at. We just haven't you know, they just filed the application last Wednesday. So, we are going to take some time and we're going to do our research and

we're going to do the good board and tell them their options. And it will be based on what the county can do based on how the county is affected. So, that's what I'm expecting will come from. Because the the thing is it's like we can we can go and say whatever we want. They're going to dictate. They're no different than a court. They're going to dictate what we can argue and what we can't argue. So, it's no different than say going in front of like this court right now. Be like, "Hey, I want to present this evidence." The court would be like, "No, you can't because it doesn't it doesn't affect this case." That's no different than like say what the IUB can do and dictate. I mean, they did it just recently with the Oh, I can never remember the thing down by Palo. Duane Arnold?

Yeah, where the Sierra Club was trying to intervene. I mean, they eventually did allow them, but like it was like the process cuz they were just saying we had members. The Sierra Club had members, two members like in the surrounding area. And so, it's just like that's where their interest lies. And so, we have to form those arguments, too, because that that's a fight in of itself. If trying to get like what arguments can we present and what we can be limited to. That's all what we're trying to say is like we can throw out the stuff, but they can just say, "No." And then that's what we have to deal with. And also crafted this setback ordinance very carefully because it says within you know, 2.25 miles of a residential zoning district. So, it sets it up that that is the intended uh body that's to be protected by it. It doesn't protect the guy next door. It protects the residential zoning district, which would be Atkins in this case. So, they're in the best position to fight on that ground and I think a pretty good ground maybe for it, the city of Athens, to pursue the They tailored it carefully, obviously, for the reasons that you know, we all know. They They don't want to end up fighting with every particular issue. Just like the application, one of the arguments that we had is that we had this watershed issue. Well, they bypassed that by basically saying that you're going to pipe water from city to Athens and the sewer back. They're avoiding any watershed issues. So, they've done a very good job of trying to skirt the issues that the county might have. So, we're going to have to dig deep to come up with good arguments to go forward. Uh

a couple of things on that entire discussion. Um I think that the safety and health of the residents of this county, no matter what, like that's something or this county to stand up for.

Right. A nuisance argument. Right. Now now a a big thing that I've been trying to push with a lot of people is not to underestimate public outcry and and the quantity of people that don't want this. I agree that And and we need we need everyone's help that we can get with that. Um and and I think that's something that is hard because of the busyness of people's lives today is today, but we need everyone's help in in making sure that everyone understand that that's something we need help with. We need help with showing up to meetings. We need help with people speaking against this, you know, like we asked you guys to come and speak at the Lincoln County meeting. Just doing that on record, on camera, actually happening. That's that's something that I think carries weight and pressure. You know, um but also um one thing that that I agree with very very very deeply is just because federal and state laws and regulation just because we fall within that doesn't mean it protects the people closest to it. And and I think that that whether that can be really handled legally, that is an outcry I think that that if public officials are saying things like that, um I mean, that carries weight, you know, and and it will and and my hope is people hear that. And and if if we're struggling to find really good ground for an attorney to go make an argument, then if what are what are we doing aside from that that can hopefully stop this because if we can get enough people aligned on this, I think that there's a chance that we can slow it down or stop it, but we need we need to fight that

from every angle, and that's kind of my my hope that being here and talking to you guys is that we can we can start getting whatever help you guys can provide with that. Okay. The line has a PR battle and a legal battle, and they are tied. So, all the angles. All right. Thank you. Thank you. We're going to do our best. Thank you. Okay. [laughter] I will. [laughter]

Um so, the Iowa Supreme Court just um issued an opinion in a case with Worth County regarding a wind energy development. So, um [snorts] Okay. Um So, the Board of Supervisors of Worth County had appealed from a district court order granting a declaratory judgment that Worthwhile Worthwhile Winds LLC [laughter]

had a vested right to develop a wind energy generation projects in the county under a pre-existing ordinance, and that the board's moratorium on wind energy energy development and later ordinance that was less favorable to Worthwhile were entered into or enacted in bad faith. The Supreme Court ended up finding in favor of Worth County, not the developer. on that. So, I think if you were to do an ordinance, you do have some legal precedent for That works. uh you know, Except the difference is that was actually in Worth County. So, the ordinance would apply So, that's our struggle is that the the plant is not in Greene County. But the but the effect is Yes. And that's And that's not something we can do in this county. But I'm saying if you pass an ordinance saying you you can have these, you know, we can't control it when Greene County puts one in Greene County. And it wouldn't be an ordinance about power plant. It'd be an ordinance about the setback distance. Can you tell me the Can you show me Can I have a look at that case numbers cuz I haven't read that case yet. Thank you. That pretty well wraps up. Anything from Mount Ayr?

[laughter] Did anybody see that the legislative adjourned for the year? I'll send you the the house file or Senate file 2472 with the 2% And then it's going to affect our homestead credits. It's it's a lot to digest. I have a lot of questions, concerns. Thank you so much. Okay. Motion to adjourn. I'll make a motion to adjourn. Second. Okay. Call for a vote. Tippet, I. Seeman, I. Both, I.