Alternative energy ordinance discussions continue

MT. PLEASANT — At the regularly scheduled Henry County Board of Supervisors meeting Thursday, Sept. 26, the board rejected the Henry County Planning and Zoning Commission’s recommendations from their Sept. 17 public hearing on the Alternative Energy Overlay Ordinance.

After hearing from numerous members of the public at the hearing Sept. 17, the Planning and Zoning Commission voted to reject the proposed changes made by the Henry County Board of Supervisors to the ordinance. They also asked to replace the ordinance with a document put together by the Henry County Watchmen LLC, though they were advised at that time to wait until the public could review the document to make an official motion for recommendation to the Board of Supervisors.

At the most recent Board of Supervisor’s meeting, Supervisor Chairperson Greg Moeller asked Assistant County Attorney Steve Giebelhausen for his legal opinion pertaining to the Watchmen’s document.

“For many reasons it's my legal opinion that will not hold up in court,” Giebelhausen said. “It could not withstand court scrutiny, therefore, my advice to the board is to reject implementing or even considering that proposed ordinance.”

Supervisor Marc Lindeen made a motion to reject any recommendation to substitute the current ordinance with the Watchmen’s document. Moeller seconded the motion, and it passed unanimously. Supervisor Chad White was not present at the meeting.

The board set a public hearing on the issue for Tuesday, Oct. 8 at 6 p.m., although Henry County Resident and Watchmen LLC member Melanie Patton stated that following the meeting the supervisors planned a work session for Tuesday, Oct. 1 at 9 a.m. to start going over the Alternative Energy Overlay Ordinance. Patton’s understanding is that public comment will not be allowed during this work session.

During public comment at the Sept. 26 meeting, Patton spoke up with concerns about the supervisor’s decision.

“First of all, last week, at the supervisors meeting, Chad specifically asked that this be put off until he was back,” Patton said. “So, I guess I'm not sure what, excuse me why that request wasn't honored. Because I feel like it would have been better to have all three supervisors here.”

Patton also questioned if the meeting minutes presented to the board accurately represented what occurred at the Planning and Zoning Commission public hearing. She encouraged the supervisors to watch a recording of the meeting before moving forward.

Additionally, Patton expressed disbelief that the document provided by Henry County Watchmen LLC would not hold up in court. As one of three people that worked on the document, Patton stated that “ … about 85% of what is in that document comes from other counties all across Iowa, so apparently other counties feel like it's defensible.”

Comments: AnnaMarie.Kruse@southeastiowaunion.com