Government : Benton County Board of Supervisor Notes 7/22/25 (Vicious Animal Ordinance)

Tuesday's meeting began promptly at 9:00 a.m. for the Benton County Supervisors. All supervisors were present: Ron Tippett, Tracy Seeman, and Bruce Volz.

The agenda, minutes and claims were discussed and approved.

Resolution #13-11 concerning LOSST gifting for driveway cement at the transportation building to Johnson Concrete $26,912 and the Courthouse Clock, Mechanical Watch Supply $39,000.

The board discussed and clarified the employment of the East Central Region Disability Access Point Employee, Sarah Wagner. Derek Marsh explained that the contract has not been received (the MOU Memorandum of Understanding). Provisions that aren't clear are things like mileage, we agreed to wages and benefits but not other expenses. She works for DAP (Disability Access Points) as part of the state's restructuring. There is a lot of confusion on the oversight.

Issues like mileage and IT came up as to who covers what. The supervisors were unsure on what responsibilites they were to cover because the agreement stated wages and benefits. Wagner felt frustration with the board saying that they had never discussed these other issues. She said that she had talked to Tippett for months and he had failed to take her advice on the "internal navigator."

The state is transitioning from county departments to district departments. To keep everyone employed, the districts asked the county to continue to pay the salary and benefits through money that will be given to the county for this purpose. While Wagner is a county employee and answers to them, sort of, the District is her boss.

In short, no one really understands how this is supposed to work.

Brenda Daily of Poweshiek County is the DAP contact for our district and is in the Access Center on Tuesdays.

Grace Schmidt gave a Public Health Update for the Emergency Preparedness Grant.

The resignation of Paige Rambo a Benton County Dispatcher in the Sheriff's Department, was approved. The Supervisors approved a donation of her sick leave to Bonnie Ehlinger.

A Resolution for LOSST gift to North Benton Ambulance for new ambulance and LOSST gift to Blairstown EMS was discussed. With the new EMS fund, clairification was needed for how this would work. The supervisors agreed to amend the use of LOSST funds to not include EMS as they have their own fund as approved by voters. The LOSST funds were denied.

The Supervisors signed the Single Audit Form for the Conservation tree planting grant. This is for funds donated by the federal government.

Amy VanWechel was appointed to the Civil Service Commission. One member is appointed by the County Attorney and two others by the County Supervisors.

Reports

Tippett has meetings this week. Volz has one with health. Seeman had a Landfill meeting last week, and WMA last week.

Rippel talked about a potential all-employee meeting with training.

At 10:00 A.M. the 2nd Consideration for Ordinance #80, Animal Protection and Control, (repealing ordinance #37) aka vicious animal was discussed.

County Attorney Ray Lough began the meeting with a discussion about not wanting to put a burden on law enforcement, rabies, surrender and destruction of animals as well as the protection of property owners.

Changes he made include the definition of "At-Large" to be "Not confined or under the control of the owner." He explained that if your domestic pet goes onto someone else's property and is attacked by an animal who lives at that property, the domestic pet is at fault and the attack would not be held against the dog who lives on that property.

He also changed the wording "law enforcement SHALL" pick up the animal to "may" with the exception of an animal that has been at-large three times in 30 days. If there has been a bite, then the animal must be taken in. He also added that the county would contract with a vet to be checked for rabies before the dog can be released. He said he then discovered that there is an incubation time for rabies so he may need to adjust this. He said that the State has no guidelines for this, so he wants to find a way inside constitutional parameters to do that.

He also changed "animal control officer" which is the state's language to "any person designated by the board of supervisors or sheriff to enforce the laws or this statute." He added language that the contract with a shelter will pickup AND house the dog if needed.

80.19 Variance Ordinance - in a hearing now, the board "can" consider what is being requested, Lough changed it so that the board "has to" make a finding in the hearing. They would need to decide if there is an alternative to destroying an animal. If there is fencing or other resources at play.

If they are at-large and have no rabies certification on the collar they would need to be taken in.

Currently, the county relies on the Humane Society if there is a need, and only take the dog if it's captured.

Here is a link to the current Ordinance 37 and here is some of the proposed changes, noted with asterisks.