Government : Benton County Board of Supervisors Notes 7/30/24

The second part of the meeting involving the handbook changes can be found here.

The weekly Benton County Board of Supervisors met for the meeting on Thursday morning beginning at 9:00 a.m. With a Call to Order followed by the Pledge of Allegiance, the meeting moved on to business.

A motion was made to approve the agenda followed by the minutes of the last meeting.

Vacation carry-over for Rick Wood was approved.

Kyle Helland came to discuss and seek approval for a variance to the Sub-Division Ordinance in part of the SE 1⁄4 NE 1⁄4 of Section 30-T85N-R9W. The reason for the variance is to divide the section into three different five-acre lots. The subdivision does not lie next to a paved road which is required in the county for a subdivision. To place a road there would be $900,000 to a $1 million. Helland felt that it would be restrictive and not allow families to build there. The property is owned by two brothers who want to build homes there. The value of the land for crops is minimal. They requested to be required to create a preliminary plat and move on to the final plat.

Barb Greenley pointed out that it creates a subdivision which has requirement in Benton County. There is land use, which demands a $1,000 filing fee, with a preliminary plat. 2 acre lots are required and they are required to pave from the nearest paved road to the property. In the past she said that they have varied the paving part of the requirement, but the rest of the requirements have not been varied. She explained that there is a final plat, with attachments to that, and she said that every other subdivision in the county has been required to do that.

Helland said that they planned to take care of the plat issues. He said that the difference between a preliminary and final plat indicates public improvements, major changes to the land in topography, and explained that there won't be any changes in any of that. Some areas he said, have minor plats which save time and costs and it basically lays out a division of land. The state says you have to follow subdivision rules, when it comes to three or more parcels which they are doing, but the state doesn't define requirements for preliminary plats. The owners he said are willing to go through the process of the final plat approvals. There is a request for the variance to the road and preliminary plat requirement which is proposed improvements, and there aren't any. It would save costs in creating the preliminary plat, which has no benefit to it in this situation.

Greenlee pointed out that there is the septic requirement which requires an engineer to design the system. Matt Evens also stated that if they do it for one they have to do it for others and didn't disagree that it might be alright to accept this sort of plan.

The board did grant a variance on the road part of the ordinance. To change the subdivision section would require additional planning, public hearings and etc.

Matt Even led a Land Use hearing for Jeff & Ashley Massa A part of the NW 1⁄4, of the NW 1⁄4, Sec.3, T84N, R9W, located approximately two miles northwest of Shellsburg in Section 3 of Canton Township. There was no input from the public. The Land Use was approved.

Danny Schmuecker requested a public hearing to appeal the Vicious Animal Ordinance. He has been raising farm raised domesticated fox for the past 45 years. When he began his business, there was no laws restricting that he do so. Recently activists came to his farm and released his animals. He was then informed by the sheriff that he can't raise the animals.

He presented Iowa law that he believes shows that he can. He has applied for a game breeders license from the state. Citing Iowa Law under section 717.f that pertains to game breeding. In the decades of raising the foxes there hasn't been a single incidents or problems. It is totally enclosed and has fence around the property to prevent escape by the animals.

This incident was the result of activists breaking into the property, releasing the foxes and damaging the private property. The fences were cut, cages destroyed, the animals shooed out of the cages, but because the animals are domesticated they didn't run away. They also removed all of his tags and record, as you would for hogs or cattle.

Ray Lough County Attorney spoke and shared that the DNR had come to the county and asked why this was allowed in the county. Lough said that he didn't believe that the DNR was in favor of the plan.

Tracy Seeman suggested that it be tabled until the state rules on the license application. The topic was tabled.

A Class C Retail Alcohol License for Tipsy Traveler's LLC was approved for August 2-6, 2024.

Discussion and approval via signatures were given for the NYHART service agreement for GASB75 Update in the amount of $4,650.

Handbook Discussion was held here...

Under Reports/Committee Meetings

Gary Bierschenk met with Central Iowa Detention.

New Business

Sue Wilber announced that Rachel Webster will be moving into the vacancy created by John Martin in the Assessors office and Kelly Kelly was hired and will begin on August 12, 2024.

The meeting was adjourned.