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Shelby County Supervisors pass hazardous liquid pipeline ordinance

News

October 21st, 2022 by Ric Hanson

(Harlan, Iowa)  – The Board of Supervisors of Shelby County, Tuesday, passed an Ordinance regulating the flow of hazardous liquids through a pipeline. According to Auditor Mark Maxwell’s minutes of the Board’s regular weekly meeting, the motion passed unanimously, following a public hearing. During the hearing, Tim Whipple Shelby of Ahlers and Cooney acting on behalf of Shelby County, summarized a report and recommendations by the Shelby County Planning and Zoning Commission, on the proposed Ordinance (2022-4). Whipple explained that on the whole, the commission supported the proposed ordinance and found that it furthered the goals of the county’s residents, as expressed in the county’s comprehensive plan.

In particular, Whipple noted the report indicated that the commission was most concerned with three main issues: (1) the proximity to hazardous liquid pipelines; (2) their potential impact on economic development, property values and tax base. (3) their potential impact on present and future land uses such as the development of new housing and growth to cities. Whipple also noted that the Commission made two recommendations for revisions to the ordinance and recommended that the Supervisors adopt one of the Commissions proposed provisions. After summarizing the results and recommendations of the planning and Zoning process, Whipple made an introductory statement about hazardous liquid pipelines in general and about carbon dioxide pipelines in particular, including an explanation of the state and federal regulatory framework that the proposed ordinance must operate within. 

County Counsel then commented on the Planning and Zoning report submitted, with the possibility of amending first draft of the ordinance. It was noted that the ordinance reflects the will of Shelby County Residents. The main focus of the ordinance was put forth with mention of liquid carbon pipelines in Iowa being new to the State. Protection from pipeline accidents is tasked to local protection of for local citizens and economic development. A number of Shelby County citizens commented on the proposed amendment, prior to the Board’s action to approve it:

  • Sherry Webb spoke as a concerned landowner noting that safety of all things nearby the proposed pipeline is a main concern. Webb also presented a petition containing over 100 signatures to the Supervisors asking for an ordinance to be passed and also included a letter of thanks to the Supervisors.
  • Janice Gaul, Mayor of Earling Iowa presented a resolution passed by the Earling City Council supporting the proposed ordinance.
  • Mary Powell thanked the Supervisors for their work and also expressed concerns about vibrations from the pipeline disrupting main water lines across the County.
  • Jenny Barnett, Harlan Community Superintendent of Schools, mentioned revised and proposed federal safety rules are still in the works. Safety concerns for students were expressed.
  • Alex Londo, Shelby County EMA Director, communicated first responder concerns and unknown training and response procedures for liquid carbon pipeline mishaps.
  • Julie Kaufman then spoke, she thanked the Supervisors for standing up for concerned citizens. Kaufman also question the motives of the whole project.
  • Todd Valline, Shelby County Chamber of Commerce,, communicated that the ordinance is vital to Shelby County to not hinder any future housing or economic development.
  • The head of the Shelby County Board of Health, Lori Hoch, mentioned her Board has many concerns over the dangers involved with this type of pipeline. The Shelby County Board of Health also agrees with the issues addressed in the proposed ordinance.
  • Jessie Mazour thanked the Supervisors and Shelby County for their efforts concerning this proposed pipeline.
  • Gene Gettys, Harlan City Administrator stated that the Harlan City Council has recently passed a similar resolution of support for Shelby County.
  • Jan Norris thanked the Supervisors for leading the rest of the State of Iowa, by looking hard at the issues facing the proposed pipeline.
  • Mary Powell spoke a second time and asked for further considerations be made for public water supply pipelines.

In other business, the Shelby County Supervisors approved the appointment of Jodee D. Dixon as Assistant County Attorney until December 31, 2022. Bryce Schaben was on hand to report to the Supervisors the replacement for his position as Weed Commissioner and Roadside Management Head. Jay Ring was introduced as Schaben’s replacement.