Peoples Telecom CEO gets final approval on tower project; commission approves deal with Evergy

By Roger Sims, rsims@linncountyjournal.com

MOUND CITY -  Peoples Telecommunications CEO Jennifer Harlow appeared before the Linn County Commission on Monday, Aug. 25, seeking clarity on whether or not her company could proceed with erecting a cell phone tower next to the Tanglewood Lakes development.

During the commission meeting on Aug. 18, the commission approved an amendment to the county’s  zoning regulations to meet state statute. That state statute essentially exempts towers like the one Peoples has sought to build since it first applied for an permit in January.

However, Harlow indicated she wanted to be sure that her company’s project could proceed.

Calling the process that has sent the issue back and forth between the county commission and the planning and zoning commission one of the most confusing procedures she has had to endure, she asked for simple clarification.

She said that workers for Peoples had considered the availability of electricity, fiber cable and elevation in choosing the site for the tower. She said the company reviewed many possible options before coming to a decision.

But Harlow also cited operating guidelines for Linn County’s planning commission and the board of county commissioners.

“The planning commission is the body that holds the public hearing, not the board of county commissioners,” she said reading from a prepared statement. “At this hearing members of the county have the opportunity to present their case directly to the planning commission.

“The commission’s role is to make decisions based on zoning and regulations, as written, on facts and the law. The planning commission may also add conditions to the minimum standards outlined in those regulations.

“Following the planning commission’s decision, there is a 14-day protest period during which a protest petition may be file.” 

She added that according to zoning regulations, the case goes to the county commission after that 14-day protest period. The county commission can then either vote on it, return it to the planning commission in writing for further review, table it or amend it. 

“If the board of county commissioners vote,” Harlow said, “that decision is final, which is what I understood to happen on Aug. 11, 2025. The planning and zoning hearing was on July 8. So 14 days after that would have been July 22.” 

The only resource available to the public after that is an appeal to the district court, she said. That must be done within 30 days, and such an appeal may be subjected to a bond set by the board of county commissioners.

Her remarks at this point seemed to target Alison Hamilton, who attempted to bring a hearing back before commissioners as late as Aug. 11.

Harlow noted, in what became a lesson in business management, that the board of commissioners relies on the knowledge and expertise of the department head and legal counsel in a case such as this.

“Department heads should be hired for their knowledge and experience, and their recommendations provide an essential foundation for the information in the decision-making. Likewise, the county counselors serve to ensure that decisions are legal and sound.

“Consistently disregarding professional advice and speaking of them undermines both the process and the public trust.”

She said Peoples has an accountant, an operations manager, and an IT manager. If they go to her with recommendations and suggestions and she disregards that input, she risks losing their respect and the morale of the company falters.

She said leadership comes from seeking expert advice, listening to the facts, not opinions, and with recommendations carefully. “This approach not only strengthens the decision-making process, but it also upholds the integrity of the county.”

“As a Linn County commissioner, it is very important to leave your personal opinion at the door,” Harlow continued. “Do what the majority vote is by the county. This is exactly the government procedure that allowed you to be elected and in the position you are in.”

After explaining that over the months-long process she has patiently done everything she has been told to do, she chided the commission about not being excited about new businesses and new opportunities which would bring more revenue to the county.

She pointed out that with six pages in the Linn County News listing property owners who had not paid their taxes, it was important to support businesses that would contribute. She went on to cite the Telecommunications Act of 1996, which restricts local government from denying or restricting the placement of wireless towers over concerns of radio frequency (RF) emissions. 

“This means the county cannot deny a permit for a tower simply because of concerns about RF emissions,” Harlow added.

She also said Peoples had sent out a letter to survey Tanglewood residents about placing the tower and the majority had welcomed it.

She ended with a direct question: “Am I safe to proceed, or am I not safe to proceed? Where do we stand?”

County Counselor Jacklyn Paletta told Harlow that because the board of commissioners had approved the amendment that affected the Peoples project, it was safe to proceed.

In other business, the commission:

• Learned from Hamilton that the kitchen in the 4-H building had not been functional during the entire week of the fair and that she had turned in a work order to have repairs made. She said she had also contacted county Fire Chief Randy Hegwald and the State Fire Marshal’s Office about the problem.

• Approved allowing Evergy a discount on a permit to create 10 entrances to its right-of-way for a high-voltage line. The company has already begun a project to replace 140 wood structures with metal structures supporting a high-voltage line that runs from the La Cygne Generating Station south through the middle of the county.

Normally the permit cost would be $250 per access plus the cost of the culvert if needed. However, public works department administrator Jesse Walton suggested charging the utility $1,000 for all of the entrances. The company will reimburse the county for culverts and installation costs.

• Heard a complaint from Tanglewood Lakes resident Jim Hendershot about being charged $44 by the Linn County Clerk’s office for an open records request filed on June 9. The request on dog control policies of the county did not receive and timely response and he followed up on June 20 and again on July 13. He said that within two days of the second follow-up he received information that had nothing to do with his request, and he was subsequently charged for staff time. He requested a refund.

• Heard a report by Walton that the cost to install a entry door on the east wall of the commission room in the courthouse annex that had a breakaway exit would cost between $2,000 and $5,000. He said office workers in the annex had expressed concern that people could walk in that entrance without staff knowing. However, the door cannot be locked during office hours, according to the State Fire Marshal’s Office. Walton said that as a precaution he would install a chime that would alert workers if someone entered from that east door.