By Jim Magdefrau

VINTON – Action was tabled again regarding Benton County’s vicious animal ordinance and wolf dogs kept outside of Belle Plaine at the Benton County Board of Supervisors meeting held Tuesday, Dec. 19, at the service center in Vinton.

The supervisors said they wanted to seek legal counsel on this before they decided. In the mean time, the dogs need to be fostered.

This stems from a complaint against rescue dogs owned by Elana Janss, Belle Plaine. Since the last meeting, Janss said she no longer has the dog who had gotten out. She is also looking into setting up an electric fence for the remaining dogs. She also checked with a local veterinarian and reported the dogs are a German Shepherd and Husky cross, with low wolf content.

Janss said she has owned wolf dogs since 1996, this is her first complaint. “I’m trying to be a responsible owner,” she said. She has fencing and hog panels. The gate is padlocked. This dog is now at a rescue home in Urbandale.

Supervisor Richard Primmer at first proposed a motion to have the animals removed from the property, stressing liability concerns. The motion did not get a second.

Primmer said the board was in a difficult place, because if the board approves her request and something happens, he said, “This opens Benton County up for one heck of a lawsuit.” There was an attack on sheep and the sheep had to be put down, Primmer said. “Quite honestly, we’re lucky it was sheep rather than children.”

Janss stressed there have been multiple people and children around the dogs. They are not considered hybrids that are documented in the county’s ordinance.

Supervisor chairman Tracy Seeman said he was on the same table as Primmer. He asked if there was a way to have them blood tested to determine the percentage. Janss pointed out that dogs came from wolves.

She said she has gotten rid of one dog. She would like to have the chance to keep the rest of them. This is the first offense since 1996. “I’m not trying to break the law,” she stressed.

Primmer observed, “We have an ordinance in place. We’re either going to stand by it or change it. I’m standing by it.” But he added, “I’m only one of three.”

Benton County Animal Ordinance

Primmer then made a motion to deny the appeal. “I just don’t know how to handle this one. I’m not happy with it,” Seeman observed. Supervisor Gary Bierschenk said Janss had gotten rid of the dog. Bierschenk added that one can’t prove that all of these dogs are vicious. Janss said they are not considered dangerous and vicious animals.

Seeman said he is worried about the county’s liability.

Primmer suggested tabling this and getting legal advice, and have the dogs fostered until then.

Sheriff Ron Tippett reported the ordinance allows for an appeal to district court.

Engineer

In engineer office action:

– Approve/Sign Title Sheet for Project FM-C006(130)–55-06 – HMA Resurfacing on E24 – from ECL Vinton to W26

– Approve/Sign Title Sheet for Project FM-C006(131)–55-06 – HMA Resurfacing on W26 – from NCL Shellsburg to 58th St

-Approve/Sign Title Sheet for Project FM-C006(132)–55-06 – HMA Resurfacing on E24 – from W26 to Lewis Access Rd

-Approve/Sign Purchase Agreement(s) for permanent & temporary easement(s) for bridge project on 17th Ave

Other business

Law enforcement contracts were approved for Keystone and Blairstown.

Susan Wilber, human resources, received approval to hire a sheriff’s deputy. Damian Fairbanks was hired. He had been a part-time officer. This is effective Jan. 2.

The board also approved an employment change for Jeff Harnish as a security officer. He was in the communications department. There is no change in pay. This is effective Jan. 2.

Wilber also proposed a texting system for Benton County. An informal survey showed most employees were open to it, with the option for an employee to opt out of this.

Early retirement policy changes were reviewed. Wilber said she was going to check with other counties. Concerned with this was Scott Hansen, emergency management, who plans to retire early, and how this affects his health insurance. The last time early retirement was proposed was in 2012. It was recommended a resolution be written by the county attorney’s office. The proposed change is to offer paying 75 percent of the single plan for the monthly premium.

Sherwin Kuch, rural Keystone visited with the board regarding the maintenance of a gravel road by his farm.