County counselor addresses towing business, culvert issues

By Charlene Sims, info@linncountyjournal.com

MOUND CITY – Linn County Counselor Jacklyn Paletta addressed two issues that were brought up to the Linn County Commissioners on Monday, June 9. 

The first was an answer to Julie Saker about reinstating her family’s tow service in Linn County. Dave’s Towing had been removed from the rotation list in August 12, 2024, for six months because the sheriff’s office had complained that they had not responded in a timely manner to multiple calls. The motion said that Dave’s Towing could be reinstated in six months by proving compliance with the county’s towing policy.

Saker explained that her husband was now going to place a camper at their tow lot location so that he would be in Linn County on their company’s rotation day. She told the commissioners that their company was back on the rotation for Bourbon and Allen counties and the highway patrol. She also said that they planned on building a tiny house on one of the lots that they owned in Pleasanton.

Paletta asked Saker if she was aware of Linn County’s towing policies and then continued, “So Linn County towing companies will be called for non-preferential tows on a rotating basis and each company will be the default towing company for a day at a time.

“And then it goes on to say that a towing company is a Linn County towing company if it meets the following conditions. It has one or more operable tow trucks, permanently tagged, assessed, based and available in Linn County. Any tow truck with an apportioned tag meets the tagged and assessed portion of this requirement.” 

The other conditions that Paletta reviewed were:

 • The company has one or more drivers present and available in Linn County and available for service throughout the entire 24 hour period of the company’s rotation day.

• It has a Linn County storage lot that complies with all the applicable regulation requirements of the states and agencies where the towed vehicles are available for retrieval by the customers during the regular business hours. It has a Linn County business address.

• The company is licensed and in good standing with state and federal  authorities and that any principal or employee thereof has not been charged with a felony.

“It’s the burden of the towing company to make written application for reinstatement to the rotation and provide documentation,” Paletta said. “Verifying all of these above requirements including the licensure and any criminal charges having been either resulting in a non-guilty finding or that the offending employee has been terminated.

“So upon receipt of said application for reinstatement with the proper supporting documents. The county can respond within 14 days granting reinstatement, denying reinstatement or requesting further documentation.”

The counselor asked Saker if she had a written application with all supporting documents.”

“Where would I get one? I’ve never had one before. Have I?” asked Saker.

Paletta told Saker that she could send the county a letter applying for reinstatement and just document the items that are specified in the policy.

Commissioner Jason Hightower asked, “Can we print her a copy of the policy?”

“I have one unless you changed it,” said Saker. 

If you have the one that is dated April 30, 2018, then you have it, said Paletta.

Saker said she had a commercial plate through the state of Kansas. It’s not tagged in Linn County, nor is it tagged in Bourbon County. It’s tagged for the state of Kansas because that’s what they require.

Paletta told her to send the letter and documentation to the county clerk’s office.

The second issue Paletta answered for the commissioners was a complaint from Matthew Winfrey at the May 27, 2025, commission meeting. Winfrey asked why his application for a permit to put in a culvert and driveway access to his property at Sugar Valley Lakes was at first unaddressed and then denied. Winfrey was scheduled to appear at the June 9 meeting to talk with the county counselor but did not attend.

It was decided that Paletta would go ahead and give her opinion on why the application was denied. 

“As it pertains to a request for a driveway and culvert the application to the county for property located within the Sugar Valley Homeowners Association (HOA),” Paletta said, “we determined that Sugar Valley has an easement all the way around their neighborhood, and so the county does not have the authority to put a driveway across their right of way, across their easement. 

The property owner is directed back to his HOA. Any driveway in or out of his property on either side of that property would be at the approval of the HOA, Paletta said.

“We actually don’t have the authority to intervene in that without the HOA’s position,” she added. “So, either way, he’s going to have to follow the constitution and bylaws, policies and procedures of the HOA in order to get a driveway.”

Paletta said she would call him and explain the legalities of the situation.