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River Bluff drops suit against Concerned Citizens
According to an attorney for the Concerned Citizens of Clayton County, developer Jim Daughtry and his company, still organized under the name River Bluff Resort LLC, dropped their multimillion dollar suit against the Concerned Citizens. Wallace Taylor, a Cedar Rapids based attorney representing the local organization in the suit, confirmed Tuesday that he had received a phone call late last week from a representative of White & Johnson, the law firm representing Daughtry, that they would drop their claim against his clients if the Concerned Citizens would also drop their counterclaim against River Bluff. Taylor indicated that his clients would be willing to drop their counterclaim, ending the contentious affair. According to Taylor, Daughtry's attorneys offered no reason for the withdrawal of the suit. Several liens have been filed against River Bluff in Clayton County Court, so it is possible that the financially troubled company can no longer afford to pursue the case. The case against the Concerned Citizens was filed in December of 2004. The group opposed public funding for the proposed development which was to include a hotel-waterpark resort, a golf course and residential housing just off of Hwy. 18 west of McGregor, Iowa. The suit alleged that the defendants, Harlan Dettman, Gregory Koether, Ronald Kleinow and Timothy Mason, organized as the Concerned Citizens of Clayton County, caused delays, damages and costs to River Bluff. The suit alleges that these delays and damages are not due to actions taken against the company itself, but against Clayton County, whom the four men sued over their decision to offer the developer a $20 million TIF (tax increment financing) bond. The Concerned Citizens suit against Clayton County was filed in September of 2003. It alleged that the Clayton County Board's decision to issue the TIF bond did not conform to urban renewal guidelines or the county comprehensive plan. The suit was dismissed in September of 2004. Dettman, Koether, Kleinow and Mason appealed the case to the Iowa Supreme Court, but the Court refused to hear the case and original District Court ruling was upheld in September of 2005. Even though the lawsuit is over, the two sides had an opportunity to face off near Des Moines yesterday. Several members of the Concerned Citizens appeared at a hearing of the state Environmental Protection Commission. Daughtry, as well as representatives of C.J. Moyna Construction of Elkader and P.A. McGuire Construction of Highland, Wis., contractors at the development site, were on hand to answer the committee's questions and make comments. The Environmental Protection Commission is a governor-appointed panel that advises the Department of Natural Resources on policy and some violation issues. The River Bluff case went before the commission because of two stormwater runoff pollution violations the company incurred last year. Runoff from the River Bluff construction site polluted Sny Magill Creek, a state-protected trout stream. After heated debate that lasted well over an hour, the commission voted 8 to 1 to send the case to the Iowa Attorney General's office for prosecution and possibly heavy penalties. The Iowa DNR can only impose fines of up to $10,000. Tim Mason, spokesman for the Concerned Citizens attended the hearing. "All three defendants provided independent arguments before the commission. Neither Moyna or McGuire have been paid by the developers so there was no unified defense. They were all trying to blame each other," he said. As the runoff problems from the construction site are on-going, Mason wanted to urge the commission to take immediate action. One commissioner, he said, mentioned a temporary restraining order as a possible measure to halt the erosion as quickly as possible. Discover Wisconsin show highlights PdC The spotlight is again on Prairie du Chien, as the city takes center stage with the rebroadcast of its Discover Wisconsin television episode entitled, "Living History."The show will air Saturday, April 14, throughout the Midwest at 10 a.m. on Fox Sports North, at 6:30 p.m. on WKOW Channel 27, Madison's ABC affiliate, and on Sunday, April 15 at 5 p.m. on WXOW TV-19 La Crosse. Several Prairie du Chien area landmarks and events are highlighted, including: ´Fort Crawford Museum ´Villa Louis State Historic Site ´Wyalusing State Park ´The Upper Mississippi Wildlife and Fish Refuge ´Prairie Villa Rendezvous ´Carriage Classic ´Prairie Dog Blues Fest ´Local area shopping venues including Cabela's and the Cannery ´Golfing at the Prairie du Chien Country Club ´The Great River Road ´Effigy Mounds National Monument. The Discover Wisconsin episode was made possible by funding from the Prairie du Chien Tourism Council, Prairie Industries, Prairie du Chien Industrial Development Corporation, Peoples State Bank, AmericInn Lodge & Suites, Friends of the Villa, and Best Western Quiet House. Deadly fish virus causes emergency meeting, New rules to affect Mississippi River anglers The Wisconsin Natural Resources Board has called an emergency meeting today, April 4, to address the potential spread of Viral Hemorrhagic Septicemia (VHS) to fish in Wisconsin's inland waters. "VHS is one of the most serious threats that we've seen to Wisconsin's fisheries and our $2.3 billion fishing industry," said DNR Secretary Scott Hassett. "This disease has been responsible for major fish kills in the Lower Great Lakes, it's probably already in Lake Michigan, and it could be in Lake Superior and the Mississippi River drainage basin soon. This rule is a proactive, responsible attempt to prevent the virus from spreading to inland waters, where it could have devastating effects." The Department of Natural Resources is asking the Board to act on an emergency rule that will aid it in controlling the spread of VHS. The rule will: ´Prohibit the possession and use of live bait from outside Wisconsin, except minnows imported in compliance with the U.S. Department of Agriculture's (USDA) Animal and Plant Health Inspection Service (APHIS) and DATCP requirements, as live bait enters Wisconsin from other parts of the country where VHS may be present; ´Prohibit the on-water possession and use of dead bait, except used on Lake Michigan or the water the bait originated from, or when preserved in a way that would kill the VHS virus; ´Prohibit the transportation of live fish or fish eggs from waters of the Great Lakes or Mississippi River drainages, except a) fish being exported in compliance with USDA APHIS regulations, b) fish or fish eggs tested and found to be free of VHS virus, and c) fish or fish eggs transported with the prior written approval of the Department; ´Require all boaters to drain water from bilges, ballast, buckets, and live wells immediately after leaving waters of the Great Lakes or Mississippi River drainages; and ´Allow the Department to deny permits for the use of non-standard minnow gear to prevent the spread of invasive species or diseases. "We need to act now to minimize the possibility that any live fish or fish eggs from VHS-affected waters are transported to VHS-free waters," said Mike Staggs, DNR Fisheries Management Bureau Director. "The DNR believes that this is not only the best Ð but the only Ð way to control this destructive virus." "It's very important that we don't spread this around," said Ron Benjamin, La Crosse Fisheries Supervisor. "It's much more widespread than other viruses and wherever it's reared its ugly head, it has caused major problems." Benjamin said that the deadly virus has caused major fish kills in New York State and in Pennsylvania. He noted, for instance, a huge musky kill in Georgian Bay of Lake Huron. "We would just as soon not have it here," Benjamin said. He noted that fish on the Michigan side of Lake Michigan tested positive for VHS in 2005. "We don't know for sure, but we assume it is in Lake Michigan," said Benjamin. "We need to do a lot more research yet." Benjamin said that because Lake Michigan is connected to the Mississippi River via the Illinois River (a man-made canal), VHS could easily spread to the Mississippi River Basin. "Sooner or later, it will be in the Mississippi River Basin, if we don't have it now," he said. Benjamin said that there is no evidence yet to suggest that VHS is in inland Wisconsin waters. "This is definitely a major threat," said Fisheries Biologist Pat Short of Prairie du Chien. "It is very hard to keep out of a body of water." Short and Benjamin said that VHS, unlike other viruses, attacks many species of fish. "Largemouth Bass Virus is pretty much confined to largemouth bass," said Benjamin. "VHS attacks northern pike, bass, perch, bluegill, walleye, musky and numerous other species." Short and Benjamin said that the water-borne virus can be transported by boats. Therefore, emergency rules will likely be adopted today by the Natural Resources Board. Benjamin said that such rules tend to err on the side of caution and will probably be more conservative than they otherwise would. He said that because the fishing season has begun, rules about VHS need to be enacted now. After more testing is conducted and more results known, the "real" or permanent rules will be adopted, probably in October or November. The permanent rules may be less conservative than the emergency rules, Benjamin said. What this means for anglers and boaters in the Prairie du area, is that they need to empty water out of their live wells, ballasts or other such compartments before leaving the Mississippi River or any of its tributaries up to the first dam. For example, a fisherman catching bluegills in the Mississippi River or in the Wisconsin River anywhere downstream from the Prairie du Sac Dam, could take the bluegills out of his live well and place them in a cooler full of ice upon coming to shore. He could then drain his live well at the boat landing before leaving the area. "It is a minor inconvenience, but very important," said Benjamin, who noted that the emergency rules or "drafts" will be published widely. Other Great Lakes states have also taken steps to try to minimize the spread of VHS. New York has already enacted provisions in line with those proposed by the Wisconsin DNR, and Pennsylvania has passed rules to prohibit the movement of live fish from Lake Erie, where VHS has been found. The DNR's request for emergency action is another step in its efforts to proactively deal with this deadly virus. Already, the agency: ´Has tested sport and commercial fish from the Great Lakes since 2006, with expanded testing planned for 2007; ´Disinfects all trout and salmon spawn taken from VHS-likely waters; ´Has suspended collection of all spotted musky, walleye and sucker spawn on VHS-likely waters because there currently is no scientifically accepted disinfection protocol for VHS; and ´Tests all DNR stocked fish for VHS prior to stocking. VHS is a serious pathogen that affects fish of all size and age ranges. It does not pose a threat to human health. VHS can cause hemorrhaging of fish tissue, including internal organs, and is often fatal for infected fish. The virus is water borne and is believed to remain active for up to 14 days. Once a fish is infected with VHS, there is no known cure. Not all infected fish develop the disease, but they can carry and spread the disease to other fish through reproduction and the secretion of bodily fluids. Due to its high mortality and severe economic consequences, VHS is classified as a reportable disease by the World Organization for Animal Health.
Are tavern's rights going up in smoke? The debate continues to spark controversy A possible statewide smoking ban for businesses continues to spark discussion and controversy throughout Wisconsin. And, of course, it has become a hot topic for Prairie du Chien area taverns as well. Various interest groups, including Flaherty & Associates of Madison and a coalition called Smoke Free Wisconsin are proponents of a statewide ban and have sent out numerous press releases stating why banning smoking in restaurants and taverns is a good idea. Smoking ban proponents cite a telephone survey conducted by the Mellman Group and Public Strategies that suggests that 64 percent of Wisconsin voters would favor a statewide smoking ban. They claim that the survey has a margin for error of + or - 4.4 percent. The survey was sponsored by the American Cancer Society, the American Heart Association and the Campaign for Tobacco-Free Kids and was conducted on behalf of a new campaign called "It's Time To Breathe Freely." Groups in opposition to the ban, such as the Wisconsin Tavern League, point out, however, that the survey was conducted on only 500 people. They say that the survey may have been random, but that such a small sample is not enough to hold any validity, given the fact that there are more than 3 million people in Wisconsin. Flaherty and Associates, which represents a group of 40 Wisconsin health care and health advocacy organizations, and Smoke Free Wisconsin say that banning smoking in taverns statewide would protect health without harming business. They say the smoke-free policies would have no adverse impact upon the hospitality industry. Members of the Wisconsin Tavern League and the Crawford County Tavern League strongly disagree, however. The Wisconsin Tavern League is waging a campaign against a statewide smoking ban and posters and coasters against the proposed ban appear in nearly every tavern in the Prairie du Chien area. In effect, area taverns are telling smoking ban proponents and the state legislature to "butt out." "I think it will close quite a few taverns down," said Teek Landvogt, secretary of the Crawford County Tavern League. Landvogt is owner or part owner of three taverns in Prairie du Chien and is also an intensive care trauma nurse at the VA Hospital in Madison. Landvogt said that a ban would send most customers in Prairie du Chien and the numerous other cities near state borders into the nearby states that have no such ban. "People will go wherever they need to go," said Landvogt, who pointed out that smoking customers in the Prairie du Chien area would simply travel the short distance across the Highway 18 Bridge to taverns in McGregor, Iowa. Iowa is also debating a proposed statewide smoking ban, and, as in Wisconsn, it remains to be seen what will happen. The way it is now, however, evidence would tend to show that Landvogt is correct in her assertion, and she cited the smoking ban in Madison. Since the city of Madison recently enacted a smoking ban, at least seven taverns in the city have closed down and numerous others have sustained a significant loss of business because patrons who smoke simply go to taverns outside of the city limits. Taverns outside of the Madison city limits have received a boost to business that can be attributed directly to the ban. In fact, that is one of the main reasons cited by the Wisconsin Restaurant Association Board (WRA) as to why it voted 36-1 recently in favor of a statewide smoking ban. (The WRA continues to have a strong stance against local smoking bans.) The WRA stated in a recent press release that it would favor a state ban because "The WRA Board clearly wants to create a truly level playing field that will be fair to all businesses." The WRA stated that there are 30 Wisconsin municipalities that have enacted some form of a smoking ban and that all of those bans have created winners and losers. The WRA said that in Madison and Appleton, which have total workplace bans, "bar owners have had to watch helplessly as their smoking customers migrated to bars just outside the city limits." Landvogt said that a statewide ban would similarly affect border city's such as Prairie du Chien. Landvogt and Crawford County Tavern League President Keith Coburn, who owns Frazier's Old Faithful Inn in Prairie du Chien, also say that the state government would be very heavy handed, indeed downright overbearing, if it enacted a smoking ban. "I don't think the constitution gives them the right to mandate, to usurp our freedoms," said Coburn. "When they start attacking our personal freedoms, it will expand out. Where will it stop? They're infringing upon our private rights and the people's choice." Coburn estimated that a smoking ban would hurt his business by more than 50 percent. "Our stance is that these are our businesses and we should be able to run them as we see fit," said Landvogt. "The tavern industry is one of the most highly-regulated industries in the state. This would be just one more thing. It's not right that the state can tell us how to run our businesses." Landvogt said that each business should have the right to decide whether or not to be smoke-free. "The rights in question here are people's right to breathe clean indoor air," said Maureen Busalacchi, the executive director of Smoke Free Wisconsin. A ban simply requires smokers to take it outside. There is no right to damage other people's health." Landvogt and Coburn said that the people have the right to decide whether to smoke or not and whether to enter into any tavern. "I'd like to see the people have the choice," said Landvogt. Coburn and Landvogt pointed out that public buildings such as the Prairie du Chien Public Library and City Hall are paid for by the taxpayers. Taverns, on the other hand, are private businesses which are themselves taxpayers. "Of course, the public is certainly welcome," said Coburn. "But, it is a private business." Proponents of a smoking ban say that while individual customers can decide whether or not to enter a particular tavern, the tavern's employees are there for a full shift. They say that employees' health is at risk due to secondhand smoke and that a ban would eliminate this problem. Coburn countered by saying that many industries are allowed to expose their employees to known carcinogens and health hazards such as mercury and lead. Power plants, he said, is one industry that is allowed "so many parts per million" of hazardous chemicals. Yet, smoking ban proponents want zero parts per million. Coburn contends that this is discriminatory. "We're the easy target, the small businessman," he said. "We don't have the big money or the corporate lawyers. Why should we be held to higher standards than other industries?" Coburn said that if smoking ban proponents were truly interested in the health of the employees of all businesses, they would be pushing for a "pollution-free" work environment, rather than just focusing on smoking. Landvogt and Coburn also pointed out that "smoke eaters" get rid of most of the smoke and that modern air purification systems can recirculate the air in a relatively large tavern every 20 minutes. Coburn also said that he wonders why smoking ban proponents aren't also pushing for a ban on over-the-counter sales of cigarettes and other tobacco products. The smoking ban issue continues to heat up and, in fact, the Americans for Prosperity and the Tavern League of Crawford County are having a citizen informational meeting about the state budget and the proposed ban on smoking on Tuesday, April 3 from 6:30 p.m. to 8 p.m. at City Sounds, 213 West Blackhawk Ave., Prairie du Chien. Interested persons can contact 877-667-2975 or wirsvp@afphq.org, or www.afpwi.org for more information. The Americans for Prosperity and Crawford County Tavern League meeting at City Sounds is specifically being held one day before the April 4 Wisconsin Joint Finance Committee meeting at Prairie du Chien High School. "It is vitally important to show the members of the Joint Finance Committee that the citizens of Wisconsin are concerned about the proposed state budget and the erosion of property rights and personal freedoms," said one portion of a flyer about the Americans for Prosperity and the Tavern League of Crawford County meeting. New Hoffman Hall director looks forward to job Prairie du Chien's first full time director of Hoffman Hall, Deana Dickson, will not have the opportunity to worry about time on her hands for the next few months. Besides starting her new job today, which entails building up a full time recreation program at the facility, Dickson is getting married May 19, and she and her husband-to-be plan to move to the area soon after that. Dickson, originally from Middleton, Wis., graduated in August from UW-La Crosse with a degree in recreation management, a tradition which seems to run in the family, since her mother and aunt also have degrees in recreation. Dickson's work experience in the recreation field began when she was 14, when she taught a summer soccer program in Middleton. "I couldn't believe you got paid to have fun," she said. Soon after, she obtained her Water Safety Instructor certificate and worked at a pool and summer camps. "I basically tried everything that Middleton had to offer," she said. She worked for the Middleton Recreation Department from 1999 to 2004. She then worked for Wisconsin Youth Camping, a non-profit program, during her first two years of college. "Every hour had to be planned," she said, and since it was non-profit, she had to work to be creative in keeping the kids entertained and learning something„while staying within a budget. "Those were the two best summers I've had," Dickson said, "it was challenging but rewarding, and it made me decide I was definitely in the right field." Dickson will marry Joe Protz in La Crosse May 19. Protz is the recreation supervisor for the City of La Crosse Parks and Recreation Department. They met at a Special Olympics event, an activity in which both are heavily involved as volunteers. The wedding will take place in a park: a fitting site for two recreation majors. Dickson is anxious to start her new job. For now, she says, the most important thing is to see what the city's needs are, increase participation in recreation programs and make more use of the pool. "The gym is awesome," she said. "I have great ideas for new fitness programs." She envisions a time when there will be community-based programs for children, teenagers, adults, and seniors. She would also like to include programs for special populations and eventually establish a day care so parents could leave their children in a safe place while working out. Despite all her experience, this is Dickson's first full time permanent job. "I couldn't have asked for anything better," she said.
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