July 30, 2024

The Benton County Board of Supervisors met in regular session with Supervisors Primmer, Bierschenk and Seeman present. Supervisor Primmer called the meeting to order at 9:00 a.m. at the Benton County Service Center. Members of the public are invited to join in during open session or watch the livestream at https://www.youtube.com/bentoncountyiowa. Summarized Resolutions will be available in the Auditor's office and at: www.bentoncountyia.gov

Seeman moved/Bierschenk seconded: To approve the agenda. Primmer, Seeman and Bierschenk voting aye. Motion carried.

Seeman moved/Bierschenk seconded: To approve both sets of the minutes from July 23, 2024. Primmer, Seeman and Bierschenk voting aye. Motion carried.

Seeman moved/Bierschenk seconded: To approve 71 hours of vacation carryover for Rick Wood to be used by the end of November, 2024. Primmer, Seeman and Bierschenk voting aye thereon. Motion carried.

Kyle Helland presented a subdivision variance on behalf of his clients, Lucas Burrington, Ben Twedt and Zach Twedt. They would like to build new homes and keep their growing families close to each other. The ordinance calls for paving from the nearest paved road to the subdivision, it was estimated that that would cost $900,000 to $1 million. So the biggest hurdles is the road and the preliminary plat is what Helland is requesting to waive. Barb Greenlee stressed that two or more divisions of a property requires a sub-division. Helland explained there would be no public improvements and the topography is not changing. The Supervisors discussed how changing an ordinance isn't a simple quick fix and stated that this was our ordinance and we need to follow it noting that the road portions have been granted variances in past sub-divisions.

Seeman moved/Bierschenk seconded: To approve Resolution #24-72, Granting Variance to the sub division Ordinance #72, waiving Article IV, Sections 5.06. Primmer, Seeman and Bierschenk voting aye thereon. Motion carried.

The time of 9:15 a.m. having arrived, and this being the time and date for a land use hearing for Jeff and Ashley Massa in part of the NW ¼ NW ¼ of Section 3-84-9. Massa's would like to change approximately 1.5 acres of land to allow for a single-family dwelling. The site is located approximately 2 miles northwest of Shellsburg. Matt Even presented some of the technical information. This area has a CSR of 58 and is currently in hay production. There is an existing driveway that conforms to county policy with Secondary Roads. A private sewage disposal and water well will need to be installed. Seven notices were sent out to adjacent property owners and the legal notices were also published in the official newspapers as required by the Ordinance. Benton County land has not received any comments prior to this hearing. This proposal should not have any negative impacts on surrounding farm operations. No other comments were heard, so the land use hearing was closed.

Seeman moved/Bierschenk seconded: To approve land use hearing for Jeff and Ashley Massa in part of the NW ¼ NW ¼ of Section 3-84-9. Primmer, Seeman and Bierschenk voting aye. Motion carried.

The time of 9:30 a.m. is what was set per Danny Schmuecker who requested a public hearing to appeal the county's vicious animal ordinance. Jaylen Schmuecker also present, says they are currently in the process of getting an exemption, but he felt there was a stipulation in the ordinance for game breeders being able to keep fur-bearing animals. It could be a few weeks before they get that. Jaylen said there was an animal activist group that came in and let their animals out, which led to the sheriff serving them notice to their farm in rural Luzerne. Benton County Attorney Ray Lough said that Schmuecker has been operating an illegal fox breeding farm for quite some time. The DNR came to us and asked why are you letting this happen. Lough said the supervisors can table this until they can get an exception from the Department of Agriculture. Cary Baetsle spoke to the board about current Iowa Code and how the wording has changed over the years for breeder's license.

Seeman moved/Bierschenk seconded: To table the variance to the vicious animal ordinance hearing to allow time for Danny Schmuecker to hear back from the state if they grant them the exception to the game breeder license for him to continue running his fox breeding farm. Primmer, Seeman and Bierschenk voting aye thereon. Motion carried.

Seeman moved/Bierschenk seconded: To approve Class C Retail Alcohol License for Tipsy Traveler's LLC effective August 2 through August 7, 2024. Primmer, Seeman and Bierschenk voting aye thereon. Motion carried.

Seeman moved/Bierschenk seconded: To approve and authorize signature on the Nyhart Service Agreement for a 2 year actuarial GASB 75 update for FY 24 and FY 25. Primmer, Seeman and Bierschenk voting aye. Motion carried.

Sue Wilber presented the revisions to the county handbook's leave section that would affect sick leave, parental leave, donated leave, personal leave and funeral leave. This also involved how many weeks of vacation employees receive based on their experience. Wilber explained the intent was for this to be positive and that the handbook committee and department heads have been trying to make it more attractive to incoming employees and reward the current ones. There was further debate as to when to implement the changes.

Primmer moved/Seeman seconded: To approve Resolution #24-73, Handbook Revisions to Section 4.2 through 4.5 of The Benton County Handbook to go into effect January 1, 2025. Primmer and Seeman voting aye. Bierschenk voted Naye. Motion carried.

Tracy Seeman reported on his ECICOG and EMA's meetings. Supervisor Bierschenk attended the East Central Iowa Juvenile Detention meeting for Supervisor Primmer.

Sue Wilber reported on the employee changes in the Assessor's office. Rachel Webster has a different position and Kelly Kelly will be starting on August 12, 2024 to fill the vacancy.

Seeman moved/Bierschenk seconded: To Adjourn at 11:02 a.m. Primmer, Seeman and Bierschenk voting aye. Motion carried.

_____________________________

Richard Primmer, Chairman

ATTEST: _________________________________

Hayley Rippel, Benton County Auditor

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