On the agenda: Marshalltown Minutes — Data Center (Sep 9)

Regular Meeting
September 9, 2026

MINUTES
Marshall County Board of Supervisors
Regular Meeting September 9, 2026, at 9:00 a.m.
Courthouse, First Floor Meeting Room
1 East Main Street, Marshalltown, Iowa
The Marshall County Board of Supervisors met for the regular meeting according to the posted
notices in the Courthouse, First Floor Meeting Room 1 East Main Street, Marshalltown, Iowa,
and online via ZOOM. Chair Heil called the meeting to order on September 9, 2026, at 9:00 a.m.
Present: Chair Jarret Heil, Vice Chair Carol Hibbs, Member Christian Goodman. Goodman
moved to approve the agenda second by Hibbs. Motion carried 3-0.
Hibbs moved to approve the Consent Agenda, second by Goodman. Motion carried 3-0. Items:
1. Approve Previous Regular Session Minutes – August 26, 2026.
2. File Manure Management Plans:
a. PAG L.C., #59611, 1966 148th Street, Clemons, signed with no changes.
b. Norman Pork L.L.C., #59367, 1105 Fairman Avenue, Union, signed with no
changes.
c. South Hardin Farms, #65416, 33857 O Avenue, New Providence, signed with no
changes.
d. Marshall Ridge Farms L.L.C., #60101, 1131-A 245th Street, State Center, receipt
of manure transfer pipeline construction completion.
e. Marshall Ridge Farms L.L.C., #60101, 1131-A 245th Street, State Center, receipt
of Construction Permit Amendment CP-A2025-002.
3. Approve claims as audited and authorize the County Auditor and Recorder to issue
payment of the same. The listing of claims paid at this meeting and all claims paid in the
current month will be published as part of the first meeting of the following month.
End of Consent Agenda.
Receipt of Actuary Report, Marshall County Employee Health and Dental Plan, Year
Ending June 30, 2026.
Motion by Goodman, second by Hibbs to approve the State of Iowa 509A Certificate of
Compliance Actuary Report and direct the County Auditor and Recorder to file the required
documents with the Iowa Department of Commerce, Insurance Division. Motion carried 3-0.
Auditor/Recorder Nan Benson provided that this is the normal annual actuarial report required to
be filed with the Iowa Department of Commerce, Insurance Division.
Approve Eide Bailly Statement of Work for Fiscal Year 2026 Audit and Authorize
Auditor/Recorder to Sign.
Motion by Hibbs, second by Goodman to approve Eide Bailly Statement of Work for Fiscal Year
2026 Audit and Authorize Auditor/Recorder to Sign. Motion carried 3-0.
Discussion was held regarding the annual Statement of Work and the three-year agreement with
Eide Bailly. It was noted that this is the second year of the renewal and that the pricing is locked
in under the agreement.
Page 1 of 4

Regular Meeting
September 9, 2026
Approve EMC Insurance Coverage/Reservation of Rights Letter and Authorize
Auditor/Recorder to Sign.
Motion by Goodman, second by Hibbs to approve EMC Insurance Coverage/Reservation of
Rights Letter and Authorize Auditor/Recorder to Sign. Motion carried 3-0.
Discussion was held regarding the EMC Insurance coverage reservation rights letter and
authorization for EMC to proceed with legal work on behalf of the County.
Approve Second Reading of Proposed Ordinance No. 38: An Ordinance Regarding
Maximum Hourly Rates for Court-Appointed Personnel Fees.
Motion by Hibbs, second by Goodman to approve Second Reading of Proposed Ordinance No.
38: An Ordinance Regarding Maximum Hourly Rates for Court-Appointed Personnel Fees.
Motion carried 3-0.
County Attorney Jordan Gaffney provided that the proposed ordinance is the same ordinance
presented at the previous meeting and is intended to standardize and level the compensation rates
for attorneys appointed in civil cases, guardianships, conservatorships, and similar matters. No
changes had been made to the proposed ordinance. No public comments had been received by
the Attorney’s, Auditor/Recorder’s, or Supervisors’ Offices.
Approve Agreement for Use of Marshall County Grounds by Oktemberfest, Inc., Pending
Issuance of Insurance.
Motion by Goodman, second by Hibbs to approve Agreement for Use of Marshall County
Grounds by Oktemberfest, Inc., Pending Issuance of Insurance. Motion carried 3-0.
Discussion was held regarding the use of the Marshall County Grounds by Oktemberfest, Inc.
Sheriff Joel Phillips requested clarification regarding the designated alcohol boundary shown on
the submitted map and the requirement that alcohol use on the grounds be authorized by the
Board of Supervisors. Auditor/Recorder Nan Benson noted that a final Oktemberfest planning
meeting is scheduled for September 14, 2026, at which the specific boundaries will be clarified
for enforcement purposes, and the insurance liability coverage will be reviewed to ensure alcohol
use is included.
Approve Purchase of Temporary Easement from Daniel Glenn Anderson Revocable Trust
in the amount of $700.00.
Motion by Hibbs, second by Goodman to approve Purchase of Temporary Easement from Daniel
Glenn Anderson Revocable Trust in the amount of $700.00. Motion carried 3-0.
County Engineer Paul Geilenfeldt provided that a temporary easement is needed for work at the
intersection of 260th Street and Ridge Road. The temporary easement will extend 67 feet from
the existing right-of-way and will allow the County to clear trees and complete the necessary
work. Once the grade is established, the County will determine the permanent easement needed
based on the final construction requirements.

Page 2 of 4

Regular Meeting
September 9, 2026
Discussion Regarding First Reading of Ordinance No. 26-39: An Ordinance Establishing a
Temporary Six-Month Moratorium on Applications Related to Data Centers.
County Zoning Director Tyler Kelley provided an overview of the proposed six-month
temporary moratorium, which was discussed and recommended by the Marshall County Zoning
Commission at its August 27, 2026, meeting. Kelley noted that the proposed ordinance was
substantially the same as the language considered by the Zoning Commission, apart from
removing the term “large-scale data centers.” Two written comments and three verbal comments
in support of the moratorium were received at the Zoning Commission meeting.
Discussion was held regarding whether the moratorium should be adopted by ordinance or
resolution. County Attorney Jordan Gaffney provided that either option could be used, noting
that a resolution would allow the six-month period to begin sooner, while an ordinance would
become part of the County’s Code of Ordinances. Gaffney recommended proceeding by
resolution as the cleanest approach and noted that the language could be revised to allow the
Board flexibility to extend the moratorium if additional time is needed.
Discussion was also held regarding the jurisdiction and scope of the proposed moratorium.
Kelley clarified that the moratorium would apply to new data center construction in the
unincorporated areas of Marshall County and would not apply to existing facilities previously
approved through conditional use permits. Kelley also provided that his office has not been
approached by any data center developers regarding projects in the unincorporated areas of
Marshall County.
Public Comment regarding the above proposed moratorium. Maggie Valentine, 2345
Whispering Oaks Road, expressing support for the moratorium recommended by the Zoning
Commission and requesting that the Board approve the moratorium and waive the second and
third readings.
County Engineer Paul Geilenfeldt asked whether the proposed moratorium would include
temporary or portable data centers. Tyler Kelley provided that the proposed moratorium would
apply to those types of construction as well. Kelley later clarified that the moratorium would
affect new construction but would not affect the two existing facilities previously approved
through conditional use permits.
Annie Grieshop, 2125 290th Street, Melbourne, commented in support of proceeding with a
resolution and encouraged the Board to clearly establish the effective date of the moratorium.
Harold Lanning, 1994 Vine Avenue, Marshalltown, expressed support for the proposed
moratorium and the Board's efforts to establish regulations regarding data centers. He stated that
he was neither in favor of nor opposed to data centers but wanted appropriate rules and
regulations established.
Les Davis, 312 North 8th Street, expressed appreciation to the Board for beginning the
moratorium process and stated his support for the action.
The Board discussed revising the proposed language from an ordinance to a resolution and
bringing the revised resolution back for consideration at the September 23, 2026, Board meeting.
It was noted that, if adopted at that meeting, the six-month moratorium would become effective
September 23, 2026, and would expire March 23, 2027, unless extended or shortened by the
Board.

Page 3 of 4

Regular Meeting
September 9, 2026
Public Forum. Ramon Reyes, 1306 Ingram Avenue, Union, commented regarding the existing
two-mile setback from the Iowa River for wind turbines and expressed support for maintaining
the current setback, noting the presence of eagle nests in the area.
County Zoning Director Tyler Kelley provided that the County has been working with Iowa State
University Extension and other organizations on a draft renewable energy ordinance. Kelley
noted that comments had recently been received regarding the draft and that the Marshall County
Zoning Commission is scheduled to hold a meeting and work session on September 29, 2026, at
9:00 a.m. in Meeting Room 1 at the Marshall County Courthouse to review the comments and
draft ordinance. Kelley encouraged the public to attend and provide input regarding the proposed
renewable energy ordinance.
Auditor/Recorder Nan Benson thanked the election workers and County staff who assisted with
the September 9, 2026, special election at the polling locations in State Center, Melbourne, and
Clemons. Benson noted that preparations are underway for the November 3, 2026, general
election and thanked staff for their assistance with election-related duties.
No further public comment was received.
Adjournment. The next regular session is Wednesday, September 23, 2026, at 9:00 a.m., at the
Courthouse, 1st floor meeting room, 1 E Main Street. All business to be acted upon at that
session should be submitted to the County Auditor and Recorder’s Office or the Board of
Supervisors’ Office by Wednesday, September 16, 2026, at 12:00 p.m. There being no further
business to come before the Board, the meeting is adjourned at 9:38 a.m.

Jarret P Heil

______________________________
Jarret P Heil (Sep 25, 2026 07:31:49 CDT)
Jarret Heil
Board of Supervisors, Chair

Attest: ______________________________
Nan Benson
Marshall County Auditor/Recorder

Page 4 of 4

260909 Minutes
Final Audit Report
Created:

2026-09-23

By:

Aviana Rodriguez Nolte ([email protected])

Status:

Signed

Transaction ID:

CBJCHBCAABAAQIFnxjcGakMDx3tP4_9JC6csr9pwLopf

2026-09-25

"260909 Minutes" History
Document created by Aviana Rodriguez Nolte ([email protected])
2026-09-23 - 7:23:51 PM GMT

Document emailed to [email protected] for signature
2026-09-23 - 7:23:56 PM GMT

Email viewed by [email protected]
2026-09-25 - 12:31:08 PM GMT

Signer [email protected] entered name at signing as Jarret P Heil
2026-09-25 - 12:31:47 PM GMT

Document e-signed by Jarret P Heil ([email protected])
Signature Date: 2026-09-25 - 12:31:49 PM GMT - Time Source: server - Signature Appearance Selected: TYPE

Document emailed to [email protected] for signature
2026-09-25 - 12:31:51 PM GMT

Email viewed by [email protected]
2026-09-25 - 2:06:13 PM GMT

Signer [email protected] entered name at signing as Nan Benson
2026-09-25 - 2:06:48 PM GMT

Document e-signed by Nan Benson ([email protected])
Signature Date: 2026-09-25 - 2:06:50 PM GMT - Time Source: server - Signature Appearance Selected: IMAGE

Agreement completed.
2026-09-25 - 2:06:50 PM GMT