The Pella City Council will address the Mahaska County Board of Supervisors decision to leave the Regional Airport 28E Agreement at their meeting Monday.

Pella’s City Attorney and independent counsel at the Bradshaw Law Firm have reviewed the recent Mahaska County resolution, and both do not believe Mahaska County has the ability to make unilateral changes the current 28E Agreement for the proposed regional airport. In addition, legal counsel advised that Mahaska County’s recent attempt to remove themselves from the agreement without seeking consent from the City of Oskaloosa and the City of Pella, is likely a breach of the agreement. No discussion about the matter was held at the most recent South Central Regional Airport Agency (SCRAA) meeting this past week.

Mahaska County Board of Supervisor Chair Mark Doland says the new amendment was written by outside legal counsel, and claims they don’t need permission to leave. Doland told the county’s SCRAA representative Joe Warrick that his services were no longer needed. The Mahaska County Board of Supervisors also proposed to meet with the legal teams of the Cities of Pella and Oskaloosa.

Mahaska County, if they did breach the agreement, may face additional financial penalty. According to the 28E Agreement, “Once this Agreement is approved by the City of Oskaloosa, Mahaska County, and the City of Pella, the parties agree to work in good faith and to utilize the best efforts to expedite the acquisition, construction, equipping and use of the Airport Facility. In the event one or more of the above Parties exercises its legislative authority to deny or significantly delay the acquisition, construction, equipping and use of the Airport Facility, that party shall be liable to the other Parties for liquidated damages in the amount of $250,000.”

The resolution on the table for the Pella City Council would block the attempt of the Mahaska County Board of Supervisors to leave the 28E agreement. The Pella City Council meeting begins at 7 p.m. Monday.