~by Janice Harbaugh for GreeneCountyNewsOnline
In a divided vote at the regular board meeting on April 11, the Greene County supervisors approved a letter drafted by county attorney Thomas Laehn to be sent to the Iowa Utilities Board objecting to the use of eminent domain to acquire land for Carbon Summit Solutions CO2 pipeline across 12 miles of the county.
Attorney Laehn explained the extensive legal groundwork for the letter and the history of government using eminent domain.
Laehn compared the pipeline to the government using eminent domain to allow the construction of the original railroads in the 1800s.
“That was for public benefit and public use,” he said. Laehn said courts have broadened the interpretation of public benefit, most recently in 2019 by the Iowa Supreme Court.
“Now, if the government believes (a private project) will result in more taxes paid to the government, the government can give eminent domain rights to a private company,” Laehn said.
“In the past, the Dakota Access pipeline was thought of as a kind of railroad and easement situation,” Laehn said. “The pipeline is considered to be like a train. But even if eminent domain is used, there has to be fair compensation.”
“The IUB is now deciding on the application of Summit Carbon Solutions for a permit (for pipeline construction.) Should SCS get a permit?” Laehn asked.
Laehn read the entire draft letter to the board. In summary, the letter to the IUB objects to the use of eminent domain given to Carbon Summit Solutions, a private company, in order to acquire land and it states the Greene County board of supervisors opposes the issuance of a permit to SCS for construction of a pipeline if eminent domain will be used.
“This is a letter they won’t be able to brush aside,” chair John Muir said, asking how much authority the board of supervisors has in the matter.
“As citizens of a free society, you have the right to tell the (Iowa) Supreme Court they are wrong,” Laehn said. “This board decides where the law stands (in Greene County.)”
Muir wondered about describing the pipeline as “a hazardous liquid pipeline” in the letter. Laehn said it is officially classified as that and described as that in legal documents.
“There is merit and reasoning (in the draft letter) behind our opinion,” Muir said. “We feel strongly enough about the subject to do something. We have an outstanding tool in our county attorney.”
“We do have some time before the meeting (of the IUB)” Muir said.
Supervisor Burkett motioned for a vote, seconded by Rudolph, to approve the draft letter as presented and to submit it to the IUB on the county’s behalf.
Supervisors Pete Bardole, Mick Burkett, and Dawn Rudolph voted for acceptance of the letter as written. Supervisors Tom Contner and John Muir voted against. The letter will be sent.
On another divided vote, the board did not approve a proposed letter in support of Greene County Development Corporation’s application for a USDA Rural Innovation Stronger Economy (RISE) grant.
The grant funds would be used toward GCDC’s Diversity Project and totaled $500,000 with a 20 percent match.
The letter of support would not have committed the board to any funding of the project.
Supervisors Bardole and Rudolph voted in favor of the letter. Supervisors Contner, Burkett and Muir voted against.
In other business, attorney Laehn presented and read through a draft ordinance titled ‘An Ordinance Regarding the Provision of Alcoholic Beverages, Prescription Drugs, and Controlled Substances to Persons Under the Age of Twenty-One within Greene County, Iowa.’
Laehn asked if the board wanted to limit the ordinance to alcohol or include drugs and substances. He described “skittle parties” where various drugs in pill or capsule form are thrown into a bowl for random ingestion.
Sheriff Jack Williams had requested a “social host” ordinance previously to cover people between the ages of 18-20. State law covers people 17 and younger.
Social host laws and ordinances make an adult who allows people under a certain age to consume alcohol or substances responsible for the under-age usage. The adult could be charged with a misdemeanor and fined under the social host law.
Laehn said previous discussions of possible social host ordinances “might have received push-back from the community.”
The board took no action.
During the open forum part of the meeting when anyone can speak to the board, possibly limited to three minutes of speaking time, supervisor Dawn Rudolph wanted to clarify previously reported events at Horan Pioneer Cemetery, north of Scranton.
Rudolph said the person farming the cemetery now is not the first person to farm it. She said the bones on the ground are thought to be from turkeys for the purpose of organic replenishment of the soil.
Supervisor Bardole said he thinks the cemetery has been farmed since the 1950s. He stated he saw a map from the 1930s showing a lane to the cemetery.
Supervisor Mick Burkett said he knows the property has changed ownership over the years.
“The township must not be aware (of their responsibilities,)” said Muir.
“It needs a fence to keep livestock out,” said Rudolph. “It needs maintenance.”
Mike Palmer, city of Jefferson administrator, presented a monthly update of projects. He said the front of the AirTemp building and the Centennial tea room could be ready by Bell Tower Festival. Plantings on the east entry to Jefferson on Lincoln Way and a sign east of the cemetery are coming along.
“We’re hoping for a banner year at the municipal golf course,” Palmer said. “Materials and equipment are coming in for the new animal shelter.”
“We are putting a steering committee together for a feasibility study of an indoor swimming pool at the Rec Center,” Palmer said.
“If the study finds it is not feasible, how long before it can be looked at again?” Muir asked.
“That would probably depend on the information in the study,” Palmer said. “What the reasons were for finding it not feasible.”
The board unanimously approved an application for County Substance Abuse Prevention Services for FY2023. Billie Jo Hoskins was named as board-authorized signatory for the grant. The proposed grant funds are for $1902.
The board unanimously approved hiring Logan Wolf as part-time EMT on an as-needed basis for the ambulance at a rate of $12 per hour.
