Mahaska supervisors vote to leave SCRAA

Jun. 29—OSKALOOSA — For a third time, the Mahaska County Board of Supervisors has voted to leave the South Central Regional Airport Authority. After a recent Iowa Supreme Court decision, it appears as though the third time will be the charm.

The board took two votes to the same effect in 2017. However, the intergovernmental agreement allowed the cities of Oskaloosa and Pella to prevent the county's exit from the agreement. The bylaws of the agreement creating the SCRAA entity required all parties to consent to a party's exit.

That clause, however, has been deemed unconstitutional because it would allow the 2012 county board that entered into the agreement with the cities originally to bind decisions of all future boards. The decision by the Iowa Supreme Court last week effectively strips the cities of power to stop the county from leaving the agreement. The agreement was established in 2012 under Iowa Code Chapter 28E, combining the powers of Mahaska County and the cities of Oskaloosa and Pella for the purposes of building a new regional airport in the Leighton area.

It's been a tense battle over the years, with opponents and proponents of the project sparing through public meeting and social media battles. Some land had already been acquired by SCRAA for the project, though the amount and cost of that land are still figures not confirmed by SCRAA officials.

But not all landowners in the area were willing to sell, and officials with the Federal Aviation Administration have said that eminent domain would likely be required to construct the airport. Since the proposed airport site is outside of both Oskaloosa and Pella, Mahaska County's involvement would be needed in the SCRAA in order to pursue property acquisition by eminent domain.

Without the county's involvement, SCRAA would no longer have eminent domain abilities in its current form in the proposed project area. Attorneys and officials representing the cities and SCRAA have not responded to the Herald's request for comment. An SCRAA meeting on Tuesday featured a closed session to review legal matters and a round of public comments.

On Wednesday, supervisors and a few members of the public revered Wednesday's action as a case where the power of government rested exactly where it should: with the people.

"This is about the people of this county having a say in how their government is ran and what they do," Supervisor chairman Mark Groenendyk said after supervisors voted 3-0 to leave the SCRAA. "That's exactly what the [Iowa] Supreme Court decision said is, you the people have a right to voice your opinion in how your government is ran. And that's what was taken away by you the people in that prior 28E agreement."

Tim Van Maanen, a landowner in the Leighton area, gave his appreciation to the board of supervisors who took on the fight.

"I just wanted to thank these supervisors because this vote right now 10 years later shows how important you guys are to this county," he said. "This wouldn't have happened without Mark, Steve [Wanders] and Chuck [Webb]. We had three supervisors 10 years ago that actually stuck Mahaska County in the back, that gave away Mahaska County rights to the cities of Pella and ... Oskaloosa, illegally."

A rural Oskaloosa resident, Nick Ryan, juxtaposed the timing of the vote with the upcoming holiday celebrating America's independence.

"On Monday, we're all going to get a day off work and we're going to celebrate the fact about 246 years ago some farmers and a handful of statesmen stood up and did the right thing and said, 'We're not going to take it anymore,'" Ryan said. "I want to thank you all for carrying on that tradition."

The approved resolution states the county's withdrawal from the SCRAA is effective immediately upon the vote, and that the resolution will be transmitted to the Iowa Secretary of State, the county recorder and SCRAA.

At Tuesday's SCRAA meeting, Mahaska County residents and landowners expressed their feelings about the ruling to the SCRAA board before the board entered a closed session.

"I don't have to really go over what the Supreme Court has ruled, because it's become very, very clear that the Supreme Court of Iowa has said this illegal activity has been going on for ten years," said Van Maanen. "My heart breaks for you guys who sit on this committee, mainly because we as Mahaska County residents have known this has been illegal since the start 10 years ago, and that's why we stayed in the fight. We have not really been fighting against the airport. We've been fighting against the illegality of what's been going on."

"I would stop trusting your lawyers to interpret the law for you. It doesn't seem like it's worked out so well," Ryan said. "Additionally, I'd like to know exactly how much money the cities have wasted trying to uphold an illegal and unconstitutional contract based on this very, very poor advice."

According to SCRAA board member John Bandstra, Mahaska County has spent approximately $1 million defending its position against the 28E agreement.

"I imagine the cities of Oskaloosa and Pella have spent similar amounts. If I'm wrong, I encourage you to correct me now," Bandstra said. "That million dollars that we have spent on litigation is not advancing public safety, it's not advancing roads, it's not advancing parks and [recreation]."

Board members did not respond to Bandstra's statement. Bandstra, appointed to the SCRAA as Mahaska County's representative, was not allowed in the closed session following public comment.

No action was taken following the closed session. The next SCRAA meeting is scheduled for July 26 at 6 p.m.

Kyle Ocker is the editor of the Oskaloosa Herald and the Ottumwa Courier. He can be reached at kocker@oskyherald.com. Follow him on Twitter @Kyle_Ocker.

Emily Hawk is the associate editor of the Ottumwa Courier and the Oskaloosa Herald. She can be reached at ehawk@oskyherald.com.