John Panfil takes the oath of office for Traer City Council in Traer Municipal Hall just ahead of the Dec. 6 regular council meeting. Panfil was elected Nov. 2 to fill Laurie Schafer’s seat. Photo by Ruby F. Bodeker

The swearing-in of newly elected city council member Jon Panfil, a discussion over free speech as it relates to profane language, and how best to address problematic properties on Berlin Street were a few of the items on the agenda at the regular meeting of the Traer City Council on Dec. 6.

1. Oath of office given

Prior to the meeting’s 7:00 p.m. start, Jon Panfil was administered the oath of office by city clerk Haley Blaine. Panfil was elected during the combined city/school election on Nov. 2 to fill the seat left vacant by former council member Laurie Schafer who resigned earlier this year due to a move outside Traer city limits. Later in the meeting, Blaine was reappointed by the council to serve as City Treasurer, council member Carri Holst was reappointed to serve as Mayor Pro Tem, and attorney Brent L. Lechtenberg was newly appointed to serve as the city’s attorney – replacing Bruce Reinders. Lechtenberg also serves as legal counsel for the Traer Municipal Utilities Board. Lechtenburg will begin serving as the city’s attorney beginning January 1, 2022.

2. Mill Street flag

A flag located in the 400 block of Mill Street was discussed under the agenda item Concerns/Comments/Other Business. As of Thursday, Dec. 9, the flag in question was hanging above a garage door at the end of a driveway located at 404 Mill Street which, according to Tama County Assessor’s Office property records, is owned by Kalan Deke. Written in large bold white lettering on a dark background, the flag displays profane language across the top followed by the word ‘Biden’ below – seemingly in reference to President of the United States Joe Biden. The flag can be viewed from the street.

A flag located above a garage door in the 400 block of Mill Street that the city of Traer has received complaints about due to the profane language it contains is pictured on Thursday, Dec. 9 (blurred). Photo by Ruby F. Bodeker

Blaine told the council she has received many complaints about the flag. Tama County Sheriff Dennis Kucera was present at the meeting and told the council he had been in contact with the homeowner about the flag and was “making headway” but “the last result was [the homeowner] is exercising his First Amendment rights,” Sheriff Kucera told the council.

Sheriff Kucera further told the council he had checked with an attorney and the flag is not considered “obscene” or “illegal” under Iowa Code and also would not violate the city’s current ordinance that addresses abusive or offensive language. Unless the council creates and adopts a new ordinance specifically against the language on the flag on Mill Street, Sheriff Kucera said there is nothing to be done legally. Sheriff Kucera then cautioned against creating such an ordinance as it may lead to possible further complaints about other displays involving an individual’s First Amendment rights, thereby leading to the need for more and more ordinances.

“I think we all agree it is an example of poor citizenship to be posting that language,” council member Holst said, but conceded there was nothing that could be done without “a more definite ordinance.”

“I’m not going to give up,” Sheriff Kucera told the council in terms of keeping a dialogue open with the homeowner. “I’ve made suggestions to him that I thought would be helpful.”

The sheriff further advised the council to refer complaints the city receives about the flag directly to his department, something the city had not done officially as of the night of the meeting.

The view looking north down Berlin Street on Thursday, Dec. 9 where several properties are located that the city of Traer has received nuisance complaints about – the properties were a topic of discussion during the regular Traer City Council meeting on Dec. 6. Photo by Ruby F. Bodeker

“It’s really unfortunate that the world is coming to this,” Sheriff Kucera said before further stating, “I’ll do what I can to try to convince him. … But at the same time there is Supreme Court language in there that disputes you wanting to take it down.”

3. Nuisance properties

During the public comment portion of the meeting, four area residents were in attendance to address the council about properties on Berlin Street located in the northeast corner of Traer that they said contain an excessive amount of garbage and debris in the yards. The garbage and debris then blow

Letters have been sent in the past, Blaine said, possibly as far back as two years ago, to the homeowners/renters in question. In the past, after making an attempt to clean up their yards, the council subsequently dropped the issue, Sheriff Kucera said while speaking as a Traer resident, and the cycle of garbage and debris collecting in the Berlin Street yards began again.

The council made the decision to again send a letter to both the property owners and the renters along with a copy of the pertinent ordinances. There will be a 30 day timeframe for remedying the situation. If the nuisance properties are not addressed within the 30 day limit, the city will take next steps which includes fines being assessed. The letters will be served by the Tama County Sheriff’s Office.

4. Sheriff’s Report

Under the Sheriff’s monthly report, Sheriff Kucera reported 56 calls for service from Traer in the last month including a report from North Tama Schools under the narcotics section of his report. Sheriff Kucera said drugs were found in the hallway of a school building and “not knowing where [the drugs] came from – apparently it’s been becoming an issue up there – all we could do at the time was to go and retrieve the drugs and help them try to monitor the issue.”

The Telegraph reached out to both a North Tama Community School District board member and Superintendent David Hill but as of this publication has not heard back regarding comment on the drugs found on school property.

5. Dept. Reports

Under Community Protection reports, council member Holst reported the fire department basement’s deteriorating ceiling had been successfully shored up – an issue discussed during the November meeting. Holst also reported all the paperwork from Traer Ambulance Service for the Ground Emergency Management Transportation (GEMT) Program had been successfully submitted to the state. Both Ambulance Manager Shaun Kennedy and Blaine confirmed the amount the ambulance service is set to be reimbursed in the form of supplemental payments for transport of Iowa Medicaid members is a “good amount of money” but declined to disclose the amount at this time. The ambulance service will learn in April or May the results of the city’s GEMT application.