In addition to the reappointment of Marshalltown Public Library Board of Trustees President Tonya Gaffney, two other items were pulled from the consent agenda at Monday night’s council meeting — the potential appointments of former Second Ward Councilor Gabriel Isom to the city’s Planning and Zoning Commission and the Board of Adjustment.

The man who defeated Isom by a razor thin margin of two votes in the 2023 election, Mark Mitchell, said he was asked to pull the P&Z appointment by “a couple of different people” and made reference to a campaign video that Isom shared to Facebook in front of the Marshall County Election Center outlining the early voting process and asking for support last fall. Iowa Code outlines election misconduct in the third degree as “loitering, congregating, electioneering, posting signs, treating voters, or soliciting votes, during the receiving of the ballots, either on the premises of a polling place or within three hundred feet of an outside door of a building affording access to a room where the polls are held, or of an outside door of a building affording access to a hallway, corridor, stairway, or other means of reaching the room where the polls are held.” After allegations of an Iowa Code violation were raised, Marshall County Auditor/Recorder Nan Benson said she asked Isom to remove the video, but he declined to do so. At the time, state election officials did not issue a ruling one way or the other.

“If we expect somebody to make zoning laws and codes, then we need to follow them. And it was their consideration that he didn’t follow voter code of Iowa, and so that’s why I pulled it,” Mitchell said.

In response to the allegations regarding Isom’s video, Iowa Campaign Ethics and Disclosure Board Executive Director Zach Goodrich told the T-R on Thursday that the 300 foot prohibition only applies to the placement of campaign signs.

“There is no campaign law that prohibits making a campaign video outside of a polling place. However, there may be an issue with one of the election laws that are enforced by the Iowa Secretary of State’s Office,” Goodrich said. “In short, there was no violation for any of the laws our office enforces. There may be other laws that come into play, but for information on those you should contact the SOS’s office.”

At presstime, an attempt to reach the Secretary of State’s Office for further clarification had not been successful. A separate section of Iowa Code, Chapter 53, does stipulate that a satellite absentee voting station is considered a polling place “during the hours when absentee ballots are available” for the purposes of Section 39A.4, Subsection 1, Paragraph A.

On the first appointment, Mitchell did not find any other councilors sympathetic to his viewpoint. Mike Ladehoff described Isom as “almost a perfect fit” for the seat with a strong understanding of how planning and zoning can tie into the city’s growth and development goals.

“He’s smart, dedicated and he loves this city,” Ladehoff said.

Councilor Greg Nichols commended Isom for his commitment to forward motion and progress in Marshalltown and offered his support for the appointment, and Councilor Jeff Schneider called him well qualified for both P&Z and the Board of Adjustment.

Another Councilor, Barry Kell, echoed the other comments of support and noted that Bob Wenner, who Isom was being considered to replace on the Board of Adjustment, had previously served on the city council.

“It just provides that knowledge of city workings, and he can bring that to the board as someone with that past experience is coming off. So (I’m) in full support of that,” Kell said.

During the public comment period, Neil Dalal spoke of the roots he and Isom share as transplants from larger cities (Houston for Dalal, and Kansas City for Isom) who have chosen to make Marshalltown their homes and raise families here.

“Like you guys said, he’s a perfect fit for these commissions, and you’ll find a slew of people behind me that also support him too,” Dalal said.

Jim Shaw said he agreed with Mitchell’s comments, but he didn’t have any objections to Isom’s appointment either. The original motion to appoint him to a five-year term on the Planning and Zoning Commission passed by a 5-1 vote, with Mitchell as the lone dissenter.

According to the city website, the commission “recommends the boundaries of the various original districts and appropriate regulations and restrictions to be enforced therein.”

In addition, the body makes recommendations for amendments, supplements, changes, and modifications of said regulations, restrictions, and boundaries of the districts.

As Mayor Joel Greer quoted Yogi Berra’s famous mantra of “Deja vu all over again,” the council moved onto the question of whether to appoint Isom to the Board of Adjustment, which proved to be more divisive as Councilors Gary Thompson and Greg Nichols wondered why someone else couldn’t be found to fill that seat.

“I think Gabe could do both these jobs. I pulled this because I think he’s a better fit for the Planning and Zoning Commission, and just look at this turnout tonight,” Thompson said, referencing the large crowd in the chambers. “We constantly have problems with filling these board positions, and I don’t understand that — especially the Board of Adjustment. They don’t meet that often. So the only reason I pulled this is because I’m hoping that if we try a little harder, we can get some more people to step forward. You’re all sitting tonight telling us how much you love Marshalltown. We love Marshalltown. Getting on some of these boards is a perfect opportunity to get your foot in the door and start seeing how the inner workings of government work.”

He concluded that he had nothing against Isom as they had a good relationship working with — and against — each other as fellow councilors, but his simple desire to see more people take the positions was his justification for pulling it from the consent agenda. Citing the fact that the Board of Adjustment doesn’t meet often, Ladehoff felt it made sense to have someone with an understanding of planning and zoning to serve in both roles, as up to two members of the P&Z Commission are allowed to serve on the Board of Adjustment.

“It’s almost like a liaison to be able to do that. I think that kind of knowledge benefits both groups, and I think it’s helpful to Marshalltown,” Ladehoff said.

In response to Thompson, Kell didn’t feel the council should lament people not submitting their names for consideration but rather celebrating and confirming those who did.

“Yes, absolutely, we want more people to step forward and be active, but we can’t hold that against someone that is willing to step forward and be active currently,” he said.

As a relatively new councilor, Nichols said it was his understanding that the Board of Adjustment basically served as an appeals board for the decisions of the P&Z Commission, and he questioned whether there should be a separation of duties. Schneider noted the provisions that allow two of the five P&Z members to also serve on the Board of Adjustment and said the appointment being proposed was “nothing new.”

Due to the passing of Al Hoop and the current vacancy in the Fourth Ward, there are only six councilors at present, and the vote to appoint Isom to the Board of Adjustment failed on a 3-3 tie with Kell, Ladehoff and Schneider in favor and Mitchell, Nichols and Thompson opposed.

Afterward, Greer said he would welcome input from people interested in serving on the Board of Adjustment, noting that typical candidates have experience in law, realty or a related field, though it isn’t required.

According to the city website, the Board of Adjustment hears appeals related to the denial of permits or interpretations issued by the Zoning Administrator, hears requests for variances from the zoning regulations as well as requests for special uses including home occupation special use permits. It is considered a quasi-judicial board that acts similarly to a judge and has the authority to allow the use of the zoned property for a non-conforming use or extension of a non-conforming use as provided in the Zoning Ordinance.

“If an applicant disagrees with the Board’s decision on a variance, special use, or appeals, they would appeal to the court system. Board members are not at liberty to discuss applications outside of a public meeting,” the website reads.

When reached for comment Thursday, both Isom and Mitchell weighed in on the dust-up over the appointments.

“I don’t think citizens should sit on more than one board or commission for the city. It is important that individuals that serve and are giving us direction have integrity and follow the law,” Mitchell said.

Isom issued a statement to the T-R questioning both the reasoning for the deadlocked vote on the Board of Adjustment seat and Mitchell attempting to hold up his Planning and Zoning appointment.

“I’ve continued to work to ensure that I stay engaged within the community following my six-year term as city councilor for the Second Ward, so it was more than disappointing to see my appointment to the Board of Adjustments voted down. It was more disheartening to have an unclear picture as to the why from Councilors Thompson, Mitchell, and Nichols. I continue to remain dedicated to this community and its progress as an active member in that journey. To be penalized by one for an ignorance of the manual and historic representation on the commission and board, one whose personal bias seems to cloud sound judgment, and another who wants others to step forward because he hopes those who have not just might is concerning. A lack of thoughtful reasoning and speculation seems to be prevalent amongst some which is worrisome for not only filling boards and commissions but even more so with regards to voting in a manner that drives the momentum we’ve had in Marshalltown and our continued growth,” Isom said. “Councilor Nichols’ statement that ‘this might be out of ignorance more than anything’ speaks to the very nature of preparation for the meeting, the understanding of both the Board and Commission manual as well as the historic overlap of up to two individuals serving on both. Councilor Thompson’s statement that he thought I was qualified, but wished others would’ve submitted interest as his justification for voting no is confusing and worrisome as others who might be willing to step forward for other opportunities now become hesitant. Councilor Mitchell didn’t comment, but his prior statement on why he removed my appointment to P&Z regarding some said violation to the code of Iowa, to what extent and what proof? The meeting (where) there was concern of me serving on multiple boards was the same night these three voted to support another individual’s appointment to multiple boards. The majority of the comments, in my opinion, made were not rooted in any policy or examples. That makes me wonder if the decision was actually principled or simply towards an individual.”

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Contact Robert Maharry at 641-753-6611 ext. 255 or rmaharry@timesrepublican.com.