Benton County Supervisors table action on fox breeding farm

VINTON — Benton County Supervisors declined to take action last week on a request to change the county’s vicious animal ordinance.

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

Holding a copy of the ordinance, Schmuecker said the ordinance prohibits him from raising fur-bearing animals in Benton County. “But we have information saying otherwise,” he said.

Jalen Schmuecker said they are in the process getting an exemption. There is a stipulation in the ordinance that game breeders can keep fur-bearing animals, he said.

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

The Schmueckers said they are applying for an exemption, but it could be a few weeks to get that.

Jalen said an animal activist group came to Schmuecker farm in rural Lucerne and let their animals out, which led to the sheriff serving a letter about their violation for a county ordinance.

“He’s asking for the variance, when he should have done it a very long time ago,” said Lough.

The supervisors can table this until they can get an exception from the Department of Agriculture, said Lough.

Kerry Baetsle explained that people who own or possess wild animals as an agricultural animal are exempt in Iowa Code. Baetsle 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, she said.

Foxes have been raised for 43 years, and not one adverse incident involving them has been reported, said Baetsle.

Schmuecker is applying for the game breeder’s license, he said.

Supervisors tabled action until the county finds out what the state will do.

Subdivision

Supervisors approved a variance to the subdivision ordinance in Section 30, Benton Township at the request of Kyle Helland. The variance deals with the gravel road.

Supervisors will still require a preliminary plat for the subdivision.

Barb Greenlee, of the land use office, said two or more divisions of a property requires that it be a subdivision. “They must follow that.”

A preliminary plat must be created, Greenlee said. The ordinance also calls for paving from the nearest paved road to the subdivision.

Helland estimated that this could cost $900,000 to $1 million.

The biggest hurdles are the road and preliminary plat, Helland said. The topography is not changing, he said, 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.

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

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

In a resolution, the board approved the variance for the road but will require a preliminary plat.

Leave

The board discussed handbook changes about how many weeks of vacation employees receive based on their experience. The handbook section covers sick leave, parental leave, donated leave, personal leave and funeral leave.

Sheriff Ron Tippett discussed the impact of leave on the sheriff’s office. “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. “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.”

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

Supervisors Primmer and Seeman voted to make handbook changes effective Jan. 1. Supervisor Gary Bierschenk abstained, saying he had questions.