Also hear options for Pioneer Cemetery Commission
~by Janice Harbaugh for GreeneCountyNewsOnline
At the April 4 meeting of the Greene County board of supervisors, county attorney Thomas Laehn suggested to the board possible actions in response to the proposed Summit Carbon Solutions CO2 pipeline.
Laehn comments were a response to information provided by Dan Tronchetti at the March 28 board meeting concerning the pipeline, 12 miles of which would be in Greene County. Tronchetti is a landowner in the affected area.
“The board can file comments with the Iowa Utilities Board (IUB) in support of, or opposed to, the use of eminent domain to allow a private company to acquire land for a pipeline,” Laehn said.
Laehn said 24 counties have already filed objections with IUB to either Summit Carbon Solutions or the Navigator pipelines.
Objections often cite opposition to the idea of a government agency giving the governmental authority of eminent domain to private companies.
“The idea is that giving the power of eminent domain to a private company can be done if it will benefit the public,” Laehn said.
“The board can also pass a resolution protecting the drainage system infrastructure,” Laehn said. “However, the governing body of the drainage district is not the board of supervisors.”
Laehn said Pocahontas County has passed a resolution of protection for drainage.
Laehn advised such a resolution should come from the trustees of the drainage district. In most cases, the board of supervisors serve as trustees of the drainage districts. Action would need to come during an official meeting the trustees.
Board chair John Muir said, “There’s no way we would want to pass a resolution as the board of supervisors.”
Laehn recommended a letter to the IUB. “It would have to be specific to the company,” he said.
Dan Tronchetti was present. “I hear reports the company (Carbon Solutions) is not bargaining in good faith (with landowners.)” Tronchetti said. “They say ‘if you don’t agree with us (on a price for land), we’ll use eminent domain’.”
Supervisor Pete Bardole said the board should be sure Bolton & Menk, knows the county expects them to protect landowners.”
Bolton and Menk is the company being considered for hiring as the pipeline inspectors for the drainage district. The board has approved Snyder and Associates as pipeline inspectors for the county.
Chuck Wenthold, environmental department, reported he has given a copy of the resolution approved by the Pocahontas County board of supervisors about installations within drainage districts.
Muir asked Laehn to draft a letter to IUB in objection to the use of eminent domain to transfer property rights to a private company.
Tronchetti also spoke about county liability insurance.
“If the pipeline breaks and the county has been working near it, does the county’s liability insurance cover it?” he asked.
“Farm Bureau Insurance told me they would determine coverage at the time of the complaint,” he said, recommending the county check their insurance coverage.
Bardole noted both major political parties’ platforms are against the transfer of eminent domain power to private companies.
In other business, the board unanimously appointed Clayton Dudley of Scranton to the county Pioneer Cemetery Commission.
At the previous board meeting, it was reported that much of the Horan Pioneer Cemetery north of Scranton had been plowed for farming. Stones were reportedly destroyed and bones revealed.
Laehn told the board the current local Pioneer Cemetery Commission “acts only as an advisor to the township trustees for townships where a pioneer cemetery is located.”
Laehn said the townships are legally responsible for cemeteries in their township and are directed by the township trustees.
Supervisor Dawn Rudolph said she knows Clayton Dudley has researched pioneer cemeteries and “keeps a good eye on things… He’s looking into programs to restore pioneer cemeteries.”
Laehn said the Pioneer Cemetery Commission can come under the authority of the county, noting, “The board has the authority to establish a pioneer cemetery commission that can take control of the pioneer cemeteries.”
“Some townships care more than other townships,” Rudolph said. “There’s a wide range of how cemeteries are cared for across the county.”
“Let’s see if the system works. Let’s see if the townships step up. This will be a good test,” Muir said.
Supervisor Mick Burkett is the supervisors’ representative on the commission.
Sheriff Jack Williams asked the board to consider an ordinance commonly called a “social hosting” ordinance. Williams said the state has a social host law covering ages 17 and younger, but he believes one is needed for ages 18 through 20.
Social host laws and ordinances make a host responsible for preventing underage drinking. The 2014 law in Iowa states “an adult host who knowingly allows a person aged 17 or younger to consume alcohol is subject to a misdemeanor charge and $200 fine.”
The issue has been presented to the Greene County supervisors in the past due to underage drinking at properties around the county.
Public health director Becky Wolf read a proclamation naming April 4-10, 2022 as National Public Health Week in Greene County. The supervisors approved and signed the proclamation.
The supervisors unanimously approved the transfer of $615,807 from the rural fund and $162,500 from the LOSST fund to secondary roads.
