Who Woulda Thunk It

November 11th, 2009
Who Woulda Thunk It?

On the 11th minute, of the 11th hour, in the 11th month of 1918, Germany surrendered unconditionally to the American led forces in World War I,. To all the men and women who have served, I salute you! To all the families who have had loved ones who served, I salute you! All who have served gave some, some gave all. We observe this day in honor of our armed forces, and acknowledge their willingness to sacrifice their lives to preserve our freedom.

At the Union County Commissioners meeting last Tuesday, the commissioners, on advice of their legal counsel, announced suspension of the portion of the ordinance pertaining to signs. This was a humbling experience for me. It isn’t often I win an issue with the commissioners, but this one was particularly sweet. If you read my article last week, you would understand why I am so pleased. After over a month of playing by their rules, they gave in to my request and suspended that part of the ordinance. States Attorney Jerry Miller advised the commission that it would be very difficult to defend against my claim and that the best route to go is to suspend the ordinance pending a rewrite that will stand up to legal claims.

I would prefer that the whole ordinance be rewritten, but as it says in the comprehensive plan, this is a living document and is to be reviewed on a yearly basis and major reviews are to be done every 5 years. I have learned to become a patient man when dealing with the county government, and I can wait as long as they can. There are many portions of this ordinance that are bad, but until something happens which challenges the law, things will continue under the status quo. There is an old saying that if you don’t tell me something is wrong I will presume everything is ok. I wonder where they would like me to start. After all; I did get through County Government 101.

What bothers me most about this whole thing is that I have the feeling that since I did this, the county hopes this issue will be forgotten. Wrong! I still have a personal roughing the passer foul in this brief that I filed. They said nothing about the fact that I accused Dennis of infringing my 1st amendment rights, and that still stands. It says nothing of the questions that I want answered and won’t be, so the case goes on.

It was really great to see so many people there on the 29th, showing their support. You don’t know what a boost it was for me to have you show up. Just the fact that you came to the meeting meant so much. And I’m sure to the board as well. When we showed them a united front, I think they knew we came meaning business. Sometimes when people aren’t sure of which road to take, the one influenced by a mass of people shows them the way to go. Even though they declared it a non meeting, they will remember what was said. I will present it again when it is an official meeting.

Now let me give you a timeline of what has happened with this situation and you make up your mind as to whether or not our county government is acting above board and with integrity.
1) The Planning Director sent a letter on the 14th of August saying take down the signs.
2) Ed Cable responds that the ‘save union county’ signs are not political.
3) On the 15th of September, the director sends another letter. Take down the signs
4) At the end of September, I am on the agenda with the commissioners and assert that the Planning Director violates my 1st Amendment rights. The board says they have no jurisdiction over this issue.
5) On the 1st of October I try to present my grievance to the Board of Adjustment. They say that I am not on the agenda so they will not allow me to present the letter.
6) On the 29th of October I am on the agenda for the ‘Board of Adjustment’ and present my grievance. My lawyer advises the board that they did not give proper notification for the meeting and they violated the zoning ordinance and the state law. The meeting is declared a non meeting and adjourns.
7) At the County Commissioners meeting on the 3rd of November, the States Attorney, Mr. Jerry Miller, advises the board to suspend the portion of the zoning ordinance that pertains to the signs as they would lose this case if it went to court. The ordinance is not constitutional in the sign portion. The board acts to suspend enforcement of the signs. At the same meeting Mr. Miller advises the board that he, Mr. Henze and the Planning and Zoning had been aware of this situation for at least a month and a half. This lends further credence to my claim that the actions by the Planning Director were intentional.

Now here is my problem with all of this. I retained a lawyer for counsel back at the end of September, to make sure that I did everything correctly and according to the law. He was with me when I made my presentation to the board of adjustment. It is unconscionable to me to think that they knew what Henze did was highly irregular and probably not legal but said nothing. (County Government 201). I have learned my lesson and hope everyone will benefit from my experiences. If you are going to deal with government, you had better be prepared for just about any situation, and that things move through the system very slowly. I can vouch for this. period.

I Tell It Like It Is!

November 4th, 2009
I tell it like it is!
This week’s article is a no brainer. For those of you who were unable to make it to the board of adjustment hearing last Thursday, I am printing excerpts from the speech I gave to the board. At the end of the meeting, my lawyer informed them that they were in violation of SDCL (South Dakota Codified Law) and the rules of the zoning ordinance. The board then decided this hearing was not a legal meeting and adjourned, to be reconvened at a later date. (I really hate to be correcting government officials all the time.)
It is my belief that Mr. Henze, acting in the performance of his job as the Union County Planning Director, has taken actions in regards to signs posted in Union County which is both wrong and inappropriate.
In a letter to Mr. Ed Cable on August 14, 2009, Dennis Henze stated that all ‘vote no Hyperion’ and ‘save Union County’ signs must be taken down and removed or he will have them removed at the owner’s expense.
Mr. Cable responded that the ‘Save Union County’ signs were not political and not subject to the county’s actions. Mr. Henze sent another letter on the 15th of September again stating these signs are political and must be removed.
This affects me personally as I have two ‘Save Union County’ signs posted on my property.
At the commissioners meeting on the 11th of August, Commissioner Ross Jordan asked Mr. Henze just how long these ‘vote no’ signs are allowed to stay up. He said they say ‘vote no’ so it is obviously related to a vote. He said he was sick and tired of looking at these ugly signs and that the vote is long over.
The ‘vote no’ signs were put up well before the county-wide referendum in June of 2008. The save union county signs even longer. At the time these signs were governed by the 1978 zoning ordinance. The 1978 ordinance makes no reference to how long they may remain up. I contend that the ‘Vote No’ signs and the ‘Save Union County’ signs are governed by the old ordinance.
The new ordinance that went into effect on the 12th of November 2008 does reference that all ‘political’ signs must be removed within 5 days after the election. This is where things get complicated.
#1. I just don’t see how you can interpret an ordinance to say that something done under the old ordinance that was legal is now illegal and therefore subject to the directives of the current ordinance. It certainly doesn’t say that anywhere in the new ordinance. In fact, it doesn’t even say this ordinance supersedes the old one.
#2. The new zoning ordinance has no definition of the term ‘political’, besides, it is my contention that ‘save union county’ signs are not political signs and were never intended to be political or they would have had ‘paid for’ or the ‘ballot question committee’ statement on them.
#3. There is no presumption that a sign stating: ‘Save Union County’-- is political. If the sign had a cross in the upper left hand corner, would it be a religious sign? Or is it still a personal sign. I contend that since no political statements or symbols like a donkey or an elephant are present, ‘Save Union County’ is a personal sign that expresses a personal opinion-- nothing more, and nothing less.
By Mr. Henze saying it is his interpretation that these are political signs is nothing more than one person's opinion, but because of his appointed position, it is tantamount to censorship if he exerts his personal agenda on citizens under the guise of enforcing a portion of the current zoning ordinance. Where in this ordinance does it give Mr. Henze the authority to censor the content of signs? The ordinance does not give Mr. Henze the authority to act beyond the scope of the ordinance.
I think that Mr. Henze purposely intended to infringe upon the people’s Constitutional Right to freely and openly express their personal opinions, which is the essence of Freedom of Speech under the 1st Amendment of the Constitution. Furthermore, I believe that Mr. Henze intended to intimidate us to remove the ‘Save Union County’ signs by the threat of unlawful search and seizure which is prohibited under the 4th Amendment of the Constitution.
The County Commissioners appointed Mr. Henze to his position. He was not elected. He is our employee. His interpretation of the Ordinance should not be final. Rather, also be the subject of the board’s objective judgment.
He is abusing his position as the Union County Planning Director to intimate people by using the zoning ordinance as a weapon to threaten and punish people who disobey him. Tolerance of a person’s right to freedom of speech and opinion should always be given the utmost respect. The threat of unlawful search and seizure is totally out of line and unacceptable.
1) I am requesting that Mr. Henze be ordered to cite the specific Article(s) and Section(s) that grant him the authority and power to order us to remove personal property from our land.
2) I am requesting that he be required to make a written detailed statement of the guidelines that he used to justify his decision in this matter.
3) I am requesting that you to reverse Mr. Henze’s order directing us to remove personal property from our land on the grounds that the Ordinance as cited above does not authorize his actions and that Mr. Henze acted beyond the scope of his authority and employment by ordering the removal of the signs.
4) I am asking that the planning and zoning commissioners take the necessary steps to ensure that there is never a repeat of this abuse by the Union County Planning Director.

Peat and Repeat

October 28, 2009
Peat and Repeat
This has been an odd week for news on Hyperion. There was an article in ‘My Voice’ in the Argus Leader written by associate professor of Physics at South Dakota State University, Professor Robert McTaggart, that should really get the ball rolling again for people who have doubts about the validity of Hyperion. The article is titled ‘Carbon sequestration still not safe, practical.’ In the article he states that it is not cost effective under current carbon capture and storage technologies. Furthermore we (Hyperion) will have to burn 30% more coal just to provide the energy to do the sequestration. There are questions on how compressed carbon dioxide will interact with rock, water and microbes underground and whether the storage is truly permanent. Safety also is an issue for the transport of carbon dioxide on the surface and its delivery underground.
Now, let’s look at this from a local standpoint. There is a ‘Professor Emeritus’ in physics from the University of South Dakota living right in this area. Do you suppose he knows this and hasn’t said anything to anyone about the volatility of sequestered carbon? I mean if an associate professor from SDSU can come out with these facts and figures, surely his peers in this profession know about it, he is just the one who comes forward with doubts. I guess it is like all theories in science, everybody has an opinion, just who are we to believe? I for one, because of my skepticism about Hyperion in the first place, believe what the professor from SDSU has to say. I might be dumb, but I’m not stupid! From everything I’ve read about IGCC and carbon capture it won’t work on a commercial scale. It is too much to handle. Now if we can figure that out, why can’t the State of South Dakota DENR and the BME figure it out? They must have blinders on and can only see the money. They can’t see the forest for the trees. What gets me more than anything is they must know this and choose to ignore it. This is like beating your head against the wall, it feels so good when you quit. Surely there must be questions about safety in transporting this to its final resting place. I realize carbon dioxide is an inert gas, but anything under pressure will explode when it gets beyond a safe level. When you overinflate a tire it will rupture and blow up. Why should carbon sequestration be any different? You can’t tell me that just because you can drill a hole in the ground below the level of the shale that you can keep the gas from resurfacing somewhere you don’t expect it and cause serious damage. That’s poppycock. It might not happen for 20 years; it might not happen for 20,000 but it is going to happen. But then we will all be dead and gone so who cares anyway. That’s enough about that. It is like beating a dead horse.
I was talking to an individual the other night and he came up with an interesting question about Hyperion. I’m sure it is on everyone’s mind, we just didn’t let it come to the forefront. With all the talk about cap and trade, what is to prevent Hyperion from not even building a refinery at all and just make money from selling credits to companies that exceed the limits? Hyperion has admitted that they will emit 19 million tons of carbon dioxide per year. Why did they stop at 19 Million? Why didn’t they say 29 Million? The thing is if they only emit 10 Million and they are permitted to emit 19 Million, then they can sell the 9 Million in credits for let’s say $100 a ton and make $19 Million a year and haven’t even done anything. Don’t forget, they have the air permit, so now that they can start construction they can just wait until the cap and trade is passed then just sit back and watch the money roll in. why not $1000 a ton? It is whatever the market will bear. Now don’t corner me on the street and ask me what the hell I’m talking about because I’m no expert on this, but the way Hyperion is operating, it wouldn’t surprise me.
I had an opportunity to listen and speak with Scott Munsterman last week at the library in Elk Point. I had talked to him last summer at the Union County fair in Alcester, and asked him the same question again about Hyperion. He dodged the answer by saying he is getting fully briefed about the situation and when he is elected governor he will take a step back on Hyperion. Fat chance. He also said he is a proponent of developing the I-29 corridor. He believes in local control and that this is an opportunity we shouldn’t pass up. I hate to be the eternal pessimist, but I told him that from an environmental standpoint, developing the I-29 corridor is a fast track to disaster because local control will be no control. Look what has happened with the Hyperion debacle. The state and the governor are so eager to have them come in, they fast tracked the company and it was a done deal before we knew about it. I’ll bet they didn’t even ask for a financial statement. Trust them, they are good guys. I don’t believe there is anyone who would look at it from a health perspective and certainly not from an environmental one. I can’t believe that it would be beneficial to us at all. What do you think this area will look like in 25 years? Are you going to protect your family or just let things take their course?

County Government 101

October 21st, 2009
County Government 101
There isn’t enough going on with Hyperion to talk about this week, so I thought you might enjoy my education with the county government and dealing with bureaucracy at the local level. Now bear in mind that these are the folks who make decisions on the budget, set mill levees for your portion of the money to support the townships. Collect money for fines, school boards and all that other good stuff. Now just try to talk to them all at one time during a meeting. Unless you make arrangements ahead of time to get on the “Agenda” it ain’t gonna happen. It was during the 2006 legislative session in Pierre when many of the county commissioners [Sioux Falls and Rapid City] that they couldn’t get any business done because there were too many interruptions. The legislature in their infinite wisdom came up with this cockamamie rule. “The commission sessions have a short time of public input before the meeting is called to order where in the public can speak. It could be 5 minutes, 10 minutes or whatever. When the chairman calls the meeting to order, that’s it. Unless you are on the agenda you might as well go home because you are no longer allowed to speak. Kinda like when we were kids in school and had to keep our mouths shut unless we were called upon. Well now, it is SHUT UP! Now get this, In Union County this isn’t a period of dialogue with the commissioners, this is where you get to speak. They sit like stone men and cross their arms, look at you and smile. If you ask a question that would require a response, the answer that you will get is “this is not a question and answer time, this is your time to speak. We don’t respond during this period. We will listen to your input, take down your information and will respond if necessary. (Nobody writes anything down or responds, but this is your time)
If you have a bitch, which I often do, you must get on the agenda at least 24 hours in advance and you will get 15 minutes to actually get responses, usually just from the chairman, but they can speak. (Usually it’s only the chairman) And when you are done they say thank you very much for your input sir/ma’am and that is the last that you will hear anything about the subject. Let me give you a perfect example of the commissioners in action. In July of 2008 I got on the agenda and spoke just before the States Attorney’s timeslot at the meeting so he was present. I gave my spiel about the need for a decency ordinance in Union County in preparation for influx of migrant workers to the area. I gave them an outline with all the things I thought would be necessary to get this done. The states attorney said this would take at least 2 years because of all the problems Sioux City had with theirs and he wanted to make sure he got it right the first time and would stand up to legal challenges. Ok I guess if that is how it works, that’s how it works. A year goes by and nothing, so I bring the original letter back to the commissioners (I’m on the agenda by the way) and make my pitch again. This time it is “thank you very much.” End of session. Two weeks later I wasn’t on the agenda but I signed up for public input. (You have to sign in) I stood in front of the commissioners and told them that since the air permit was passed these workers could come in anytime and begin construction and that we desperately needed to have this ordinance on the books, and passed a copy to each commissioner present. This time I get a nod from the chairman and that’s it. Now this is going on a year and a half and nothing has yet to be brought to the commissioners in like a draft or anything like that. Nothing, nada, zip, zero. I was told you have to be patient with things like this because they are really busy. This is just one example of how your government works. It isn’t just this item, I’ve been going to practically every meeting for almost 3 years and it is like this at every meeting. I was on the agenda for the 1st of October, when all this brew-ha-ha started on the county signs. I made a formal complaint against the Union County Planning Director. I spoke for over 5 minutes and when I got done and asked for a response, here is what commissioner Karpen had to say. “It is out of our jurisdiction. You have to deal with this through the board of adjustment; it is out of our hands. (Kinda like Pontius Pilot washing his hands at the crucifixion of Jesus.)
I went to the board of adjustment on the 1st when they were meeting. When they adjourned as P&Z and went into the board of adjustment, before they finished their motion to adjourn I said “excuse me I have a letter to present to the chairman.” I was told I was not on the agenda and could not speak. I usually try to keep my cool at these meetings because I expect that, but I could not even present the letter. I bet my blood pressure went up 50 points. My face got so read I thought I was going to start bleeding, and Dennis sat there and grinned. So now 30 days later I am on the agenda and we get to discuss this. This folks is what your elected officials are doing at the county level. Can you imagine what it is like at the state and national level? This is the end of lesson 101 folks. Thank you for your kind attention. Next week we will talk again about Hyperion, but in the meantime, keep those cards and letters coming.
Your honored Servant

Your Money or Your Life

October 14th, 2009
Your Money or Your Life!

There is a program out there called “Cap and Trade” that I don’t fully understand but could become a very decisive issue with the Hyperion refinery. Under the cap and trade system, Congress sets an industry wide standard that companies must adhere to. They must reduce their carbon dioxide levels of pollution each year until they come down to the standard considered by congress as a “safe” level.
From what I can see, this has both good and bad points. The good point is that it forces companies to reduce their carbon emissions. The bad point is that if they don’t take steps to reduce those emissions, they have to buy credits from companies that have a surplus of credits which allows them to keep operating. These credits are traded at market value and will create a hell of a mess.

Now there is a good side and a bad side. The good side is that it forces companies to spend money they could be using elsewhere to reduce the amount of carbon dioxide they emit every year. The bad side is that those companies who don’t take those steps have to buy energy credits in order to keep operating, and that costs money. I like to refer to this as a carbon “tax”, not a credit. Let’s call it what it is.
Emissions from coal plants are a problem mainly on the east and northeast coast of the United States. That is not a big problem in this area; however we could find ourselves in a heck of a mess if they start taxing farmers for cap and trade. I cannot imagine counting how many cows and pigs a farmer has and telling him he has to reduce the carbon dioxide emissions by these animals or he will have to pay a tax to exceed the cap. About the only way he could reduce his emissions is to reduce the size of his herds. I cannot imagine farmers falling under a cap and trade because of the amount of fertilizer they use growing their crops. This could happen.
Now comes the big decision one has to make. Are you for or against this program? This is where you have to make a decision. If I support it, it will force companies like Hyperion to put policies into effect that will almost assuredly raise the price of their finished product, which will be passed on to the consumer (us). If they continue to underperform they will just continue to buy credits. Is it cheaper for them to buy credits or make changes? The big question I have is who is going to monitor to see that they become compliant? If they make the changes, then carbon dioxide emissions will go down, but will we see the effects of those changes? I doubt it because it is just released into the atmosphere and heads north. The two main effects we would see if they don’t make the changes are in the amount of sulfur dioxide they emit which causes acid rain. Sulfur dioxide also causes health problems especially people with respiratory or other health related issues. It is kind of like pay me a little bit now, or a whole lot later.
Mercury is a very serious contaminant. It can enter our bodies directly through mercury-contaminated air or drinking water. In these exposure routes, the main initial source of the mercury is air emissions from power generation, waste disposal, and other industrial activities. Again, Hyperion could be the root of this problem. The big problem is controlling how much they can pollute, because our current air quality is so pristine that it doesn’t even show on the scales. So what do we do? Do we take active measures to stop this or ignore it and hope it goes away?
I would have to say I support cap and trade. It will force companies like Hyperion to think twice about whether or not to build or whether or not they can even afford to build a refinery. I’m going to have to pay more for my utilities, but at least I will still have my health.
On the other hand, how is this going to affect my neighbors? How much is it going to increase operating expenses and is it going to force some of them out of business. This is going to be a tough decision to make folks. I wish there was another option to this mess.
The sad thing about this whole deal is that the government decides what is good and what is bad. Can we afford more bureaucracy, especially inefficient and ineffective controls? I have a bad feeling about government intervention in areas like this. Private industry is a powerful lobby, and it behooves us to keep a watchful eye on this program. Anything that Nancy Pelosi is for to me is a bad deal from the get go.
Isn’t it sad that we have to deal with something like Hyperion and the by-products that result from an operation of that sort? And people think this is called economic development. Bull!