By Jim Magdefrau

Vinton – Foxes and subdivision variances were on the agenda for the Benton County Board of Supervisors at their meeting, Tuesday, July 30, 2024, at the service center in Vinton.

Foxes

Danny Schmuecker requested a public hearing to appeal the county’s vicious animal ordinance. 

Holding a copy of the ordinance, he said the ordinance is saying he can not raise fur-bearing animals in Benton County. He added, “But we have information saying otherwise.”

Jalen Schmuecker said they are in the process getting an exemption. He said there is a stipulation in the ordinance for game breeders being able to keep fur-bearing animals.

They are applying for an exemption, and it could be a few weeks to get that.

Jalen said an animal activist group came in and let their animals out, which led to the the sheriff serving the letter. The farm is in rural Luzerne.

Benton County Attorney Ray Lough said Schmuecker has been operating an illegal fox breeding farm for quite some time. Lough said, “The DNR came to us and said ‘Why are you letting this happen in your county when you have an ordinance for this behavior?’”

Lough told the board, “So, I mean, here we are. He’s asking for the variance, when he should have done it a very long time ago.” The supervisors can table this until they can get an exception from the Department of Agriculture. 

Kerry Baetsle spoke with the board about the current Iowa Code on people who own or possess a wild animal as an agricultural animal is exempt, and gave the definition of an agricultural animal.

Baetsle said the code was changed over the years requiring a game breeder’s license. This is what they are working on. Foxes have been raised for 43 years and there has not been one incident reported. 

Schmuecker is applying for the game breeder’s license. Action was tabled until the county finds out what the state will do. 

Variance

A variance was considered to the subdivision ordinance in Section 30, Benton Township. The variance request was presented by Kyle Helland. The variance deals with the gravel road and the subdivision preliminary plat process. 

Barb Greenlee of the land use office stressed two or more divisions of a property requires a subdivision. “They must follow that,” she said of the subdivision ordinance. A preliminary plat is needed. The ordinance also calls for paving from the nearest paved road to the subdivision. It was estimated by Helland that this could cost $900,000 to $1 million.

The biggest hurdles are the road and preliminary plat, Helland said. He stressed the topography is not changing and there are no public improvements.

Supervisor Chairman Richard Primmer said he has been through this before with land he has. He told the applicants, “I feel your pain but, you know, an ordinance is an ordinance.”

Supervisor Tracy Seeman asked how fast the ordinance can be changed. He felt it might be faster to go back to the drawing board. 

Primmer said, “That’s our ordinance and we have to follow our ordinance.”

Helland said a preliminary plat can cost $10,000 to $13,000. 

In a resolution, the board approved the variance for the road. They still have to do a preliminary plat.

Other business

Vacation carry over was approved for Rick Wood, maintenance, to be used by the end of November.

Matt Even, land use office, presented a land use change request for Jeff and Ashley Mass, for land in Section 3, Canton Township. It is not considered high-quality farm land. The change was approved.

A Class C Retail Alcohol License was approved for Tipsy Traveler’s LLC.

Leave

The board discussed handbook changes to leave sections: 4.2, 4.3, 4.4 and 4.5. It involved how many weeks of vacation employees receive based on their experience. It covers sick leave, parental leave, donated leave, personal leave and funeral leave.

Sheriff Ron Tippett explained the impact on the sheriff’s office. He added, “The better you can make your opening package to hire somebody, it’s a better deal for everybody.” Tippett said the union would also probably want a memorandum of understanding on vacation time. 

Lough agreed with Tippett, observing, “We have to stay competitive if we want people that are going to grow this county. We have to do what we need to do to be able to compete with private industry.”

There was debate on when to implement this. Primmer was in favor of this taking effect on Jan. 1. 

The handbook committee and department heads have been working on this. Sue Wilber, human resources, said, “The intent was to be, you know, positive. Make it more attractive to incoming and reward the current.”

Primmer called for a motion to implement the recommendations from the handbook

committee and make it effective Jan. 1 2025. It was passed with Primmer and Seeman in favor, and Supervisor Gary Bierschenk abstaining, saying he had questions. 

MEETING