Supervisors say ‘no’ to dogs on courthouse lawn, ‘yes’ to paving E-57

~by Janice Harbaugh for GreeneCountyNewsOnline

The Greene County supervisors at their Nov. 28 meeting again discussed with county attorney Thomas Laehn the policy for use of the courthouse and grounds. Although the Jefferson city council has taken steps to promote upper story living downtown, the county supervisors seem unwilling to welcome those residents’ dogs. The courthouse grounds are off limits for canine residents per a 2007 policy.

Three topics were explored: animals on courthouse grounds, the legal relationship between the Bell Tower Community Foundation and the County, and rental/cleaning/damage fees for reservable spaces in the courthouse, grounds, and tower.

A common thread through discussion of all topics was there are currently policies written to cover many points, but the policies are not enforced.

Laehn said the current policy written in 2007 prohibits pets on courthouse grounds. He said federal law requires service animals be permitted on “grounds and premises.” He said the board can make policy about allowing other animals.

Laehn said animal policy can be less restrictive than federal law but not more restrictive.

“We don’t want to prevent some from enjoying their community,” board chair John Muir said.

Supervisor Mick Burkett said, “We’re not talking (prohibiting the) sidewalks (for walking animals,) just the green areas.”

The board discussed signage to inform people of the rules for animals. Allowing non-service animals to attend social functions such as the Bell Tower Festival was discussed, and the board generally agreed animals could attend, if the animals stayed in the street.

Attorney Laehn reminded the board of enforcement of policy. He said a second infringement of a policy would be “committing trespass.”

The problem of monitoring public compliance of animal policy was discussed. The use of the security cameras was explored.

After discussion, the supervisors seemed to agree they do not want to make any changes to the current written policy prohibiting non-service animals on the courthouse grounds. They agreed enforcement is needed.

“Let’s continue with the policy in place and add signs,” Muir said.

The legal relationship between the Bell Tower Community Foundation and the County was also explored.

Laehn told the board the County should be in charge of renting the observation deck out and determining where the rental money should go.

“I’m not saying the Foundation has used funds unethically or illegally,” Laehn said, “but the County is liable if something goes wrong.”

Auditor Jane Heun said, “Pat Richards, (representing the Bell Tower,) schedules everything and does an excellent job. The fees go to the Foundation.”

Laehn said the current policy puts the county auditor in charge of the rentals of the observation deck and the money obtained, but he said the auditor could designate someone at the Foundation to accept rental applications and pass them on to the auditor.

Laehn said the rental fees could be donated to the Foundation. He suggested a 28E agreement between the County and the Foundation to define the legal relationship.

There was general support among supervisors for better communication between the Foundation and the board.  

Rental fees, damage fees, and cleaning fees for any reservable space in the courthouse, on the grounds, or in the bell tower were also discussed. 

The board agreed they do not want to charge rental fees or deposits for any space except the observation deck of the tower. The board did agree an application for use of the space must be submitted to the auditor prior to using the space and the application should state the applicant agrees to be held liable for damage or cleaning expense from the use of the space.

Laehn said he will revise the draft of a new policy for courthouse and grounds based on the board’s discussion.

The board also heard about progress on a proposed community services program to be implemented through a revised contract with Boone/Greene County Probation.

Laehn reported a Jan. 1 start date would be possible for the new program if the board approves the revised contract, which also includes updated rates for services currently provided by Boone/Greene County Probation. Laehn said the revised contract will be presented to the board at the next meeting, Dec. 5.

Laehn said Kelley McCane of Jefferson has been hired as part-time coordinator for the proposed community services program.

The program would provide opportunities for adults and juveniles in Greene County to do community service as part of court-ordered probation instead of spending unproductive time in jail.

Laehn said McCane will be identifying and meeting with groups that could provide opportunities for work.

“We can always use labor in conservation,” conservation director Tanner Scheuermann said.

Laehn also told the board there are 72 cases currently pending in his office, with eight cases being Class A or B felonies. He said there will be several major trials in 2023 and he will need to hire an expert witness at an initial retaining fee of $750.

Laehn also reported he has been appointed special prosecutor in a Boone County trial on Nov. 29.

Reporting on the Communications System and Services Agreement with Motorola for a new law enforcement communications tower and equipment, Laehn told the board Motorola has agreed to the changes discussed at previous board meetings.

The changes have to do with disclosure of confidential information and liability for damage to equipment before it is delivered to Greene County.

In other business, the board unanimously approved a 28E agreement between the Iowa Department of Transportation and Greene County which authorizes Greene County to issue driver’s licenses, non-operator’s identification cards, and person with disabilities identification devices.

Laehn had previously advised the board he has no legal concerns about the agreement.

County engineer Wade Weiss reported he spoke to the Iowa Department of Transportation about the city bridge funds awarded for the repair of the Jackson bridge on Grimmell Rd. Weiss said the DOT advised to accept the funds and then ask for a continuance if more time is needed to begin the project.

Prior to the board’s vote on a resolution to award a contract for pavement widening and resurfacing on County Road E-57 between Highway 4 and County Road P-14, Weiss spoke to the board about the need for this.

He said the road had been built in 1957 and currently carries 200 cars per day. “This is a vital farm-to-market road,” he said.

The resolution passed unanimously with the board voting to accept a bid of $2,303,283.32 from Fort Dodge Asphalt to complete the work. The board authorized Weiss to execute the contract.

The Iowa DOT had received five bids at the letting on Nov. 15. Bids ranged from $2.3 million to $3.6 million. Cost for the project had been estimated at $2.5 million.

Conservation director Scheuermann updated the board on signage and repairs being done at Spring Lake. He said an aeration pump needs to be replaced.

Mike Holden, attending the meeting over Zoom, asked whether federal infrastructure grant funds allocated for roads, broadband, and other rural development projects might be available for some projects in Greene County.

Weiss said Region XII COG would have information about that.

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