John Worden of Green Mountain, who was introduced as the unincorporated community’s “unofficial mayor,” came before the board and asked them to consider a change, as Sheriff Joel Phillips noted that some incorporated municipalities in Marshall County already have ordinances banning engine braking within city limits (and issuing fines to those who don’t comply) due to the loud noise it creates.

Phillips suggested the county could either specifically address Jake Brakes or more broadly classify them under the category of loud or disorderly conduct under the state code, opining that a specific ordinance addressing engine braking was “the best remedy,” in his view. Broadening the definition to loud or disorderly conduct would require a specific decibel level to be met and could be more challenging from an enforcement perspective, Phillips said.

Board Chairman Dave Thompson asked Phillips if such an ordinance could constitute “an enforcement nightmare” for the Sheriff’s Office.

“I think it will be. For one, we don’t exactly know the schedules of these commercial vehicles if these are the only offenders,” he said. “I think it’s going to be difficult when it comes to prosecution… Obviously, we have to determine what device is being used and certify that it is an engine brake.”

John Worden of Green Mountain speaks to the Marshall County Board of Supervisors about a potential Jake Braking ordinance during Tuesday morning’s meeting.

County Attorney Jordan Gaffney also weighed in, arguing there were “significant hurdles” to implementing an ordinance but added that he believed it could be done. Worden, who spoke next, said the braking was mostly occurring on Wallace Avenue, which runs north and south past the GMG Elementary School and the high school baseball field, and came from all types of semis, not just commercial vehicles.

He first contacted Supervisor Steve Salasek about the matter last Thursday and said he has heard at least nine instances of engine braking between then and 7:15 on Tuesday morning. Worden said because of work schedules, it can be an issue whether people sleep at night or during the day.

“In this part of the world, we have many people working three shifts or working a shift at any time day or night. Consequently, you have people who are sleeping during the day time,” he said. “We don’t. We work in the day and sleep at night, but you have people who sleep during the day so they are affected by the engine brakes as well as those that sleep at night.”

Worden added that he lives about four blocks away from Wallace Avenue on the east edge of Green Mountain, so he imagined the noise would be even more noticeable for those who are closer to the main road. He also said a representative from JBS in Marshalltown, where many of the trucks are either leaving from or heading toward, said there was nothing the company could do.

“I would like to see the county just do the first and easiest steps. Maybe just some signs posted would encourage the drivers to use their brakes rather than their Jake Brakes,” Worden said.

Thompson said it would make sense for one of the supervisors to reach out to JBS, citing their long history of being “good corporate citizens.”

“I think if they were made aware that they might be creating a problem, they would want to solve it on their own,” Thompson said.

From there, Salasek and Worden also broached the topic of raising the speed limit in the area around the elementary school from 35 to 45 miles per hour, but Thompson said he was hesitant to endorse such a move.

“I’d like to hear from the school system too, hear their thoughts, so we don’t open a can of worms we can’t close,” Thompson said.

No official action was taken, and both Thompson and Salasek (Bill Patten was absent) vowed to do more research and investigate the situation further ahead of a future meeting. Thompson also encouraged Worden to collect petition signatures as a way of showing support for such a change.

Before the meeting wrapped up, Marshall County Emergency Management Director Kim Elder and 911 Communications Director Rhonda Braudis discussed allocating ARPA funds for a potential backup trailer in the event of a natural disaster with no official action taken. As Patten was absent, the supervisors opted to leave the Marshall County Communication Commission/Technical Oversight Board’s request for county funding to cover radio access and maintenance fees tabled.

In other business, the board:

Approved an easement agreement with Royal Young for 0.38 acres of permanent right of way and 0.59 acres of temporary right of entry in the amount of $350 in connection with the F-4 bridge replacement project on Jessup Avenue.

Approved an easement agreement with Melissa M. Ream for 0.41 acres of permanent right of way and 0.57 acres of temporary right of entry in an amount of $2,760 in connection with the same bridge replacement project.

Approved a slight modification to the Marshall County purchasing policy to accommodate an application for FEMA grants.

Approved the consent agenda as listed.

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Contact Robert Maharry at 641-753-6611 ext. 255 or rmaharry@timesrepublican.com.