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November 28, 2007

CAFO license hearing draws huge crowd, debate

An overflow crowd of approximately 180 attended a public hearing in the Crawford County Administrative Building Monday night regarding the proposed expansion of a hog farm in the county. There was seating for 142 in the meeting room and numerous people had to sit or stand out in the hallway due to fire code restrictions.

Despite drawing a large crowd due to the contentious nature of the issue, the meeting went smoothly, with each speaker getting five minutes. There was no heckling, booing, cheering, foot-stomping or applauding allowed, although one man was admonished after applauding briefly.

"This is the first license applied for under the new rule," said Crawford County Land Conservation Coordinator Russ Hagen in referring to the new state law and standards regarding Confined Animal Feeding Operations (CAFOs). Hagen said that the new state standards govern the application and monitoring of manure and other aspects of CAFOs. The state standards were developed by the Department of Natural Resources, the Department of Agriculture Trade and Consumer Protection (DATCP), the Natural Resources Conservation Service (a federal agency), the Department of Commerce, the Wisconsin Land and Water Conservation Association, the Wisconsin Association of Land Conservation, and the U.W. Extension Office.

Hagen said that Crawford County has 90 days to either grant or deny the license application of A.V. Roth of 31961 Hummingbird Lane, town of Wauzeka. The application was declared by the county to be complete on Oct. 5. Roth wishes to increase his hog operation from 1,450 sows to 2,900.

Mike Murray of DATCP said that the new law and standards were adopted one and a half years ago. Crawford County then adopted an ordinance on Aug. 15, 2006.

"Crawford County is taking the lead to regulate larger producers," said Murray. "They are one of only 20 counties that have implemented an ordinance to provide protection for citizens, farms and the environment."

Crawford County's siting ordinance allows the county to require a license and to regulate and monitor farms with 500 or more "animal units." An animal unit is 1,000 pounds of any animal. At the time the ordinance was passed, the farm operated by A.V. Roth was the only one in the county that had more than 500 animal units, and therefore was "grandfathered in," except if Roth wanted to expand. In fact, Roth could expand his hog operation by up to 19 percent without obtaining a license from the county. Doubling the operation, however, requires a public hearing and a license from the county, along with adhering to state standards. A license from the DNR is also required. It was noted at Monday night's public hearing that the DNR license would be applied for within two weeks.

Hagen noted that if there were no ordinance in Crawford County, CAFOs could be set up without any public hearing, license or regulation by the county.

"I am trying my best to survive in this county," said Roth as the first speaker from the general public at Monday night's hearing. "I am just as concerned about the environment as anyone here." Roth said that his family has worked the farm for five generations spanning 117 years. "I want my family to live on my farm the rest of my life," he said. "It want to do the very best we can for the land. Things are changing all the time. I will roll with the changes."

Thumping the podium for emphasis, Roth said that he wanted to dispel some of the "myths" that have been circulating. Roth said that contrary to rumor, he will not be using any "growth antibiotics." He also said that just because he is expanding, doesn't automatically mean that the water and air would become polluted. In fact, he said that he and his family would be drinking the water and breathing the air. Roth also said he has spent thousands of hours researching how to best serve the land the be able to make it sustainable for his family and all his neighbors. "You can only put on so much nutrients," he said. "I will do anything I can to keep the odor down. I want to do well by my neighbors." Roth also said that his operation will not adversely affect tourism and that Crawford County was founded upon farming.

Edmond Ruff, a professional certified crop advisor and an agriculture teacher at Southwest Technical College, helped to form Roth's "nutrient management plan," which is required by state law. Ruff said that the Roth's farm has a need for more nutrients and that the plan is a "workable plan."

Jesse Ray, of Resource Engineering Associates of Madison, also helped with the waste management plan and said that Roth's farm meets all of the state standards.

"He (Roth) even took the extra step with drain tiles around the gestation station," said Ray. "This was not required. This was above and beyond," said Ray. "And, this was his own money."

Jennifer Nelson, a representative of the Crawford Stewardship Project and an owner of a farm in Haney Township, said that she had numerous letters opposing Roth's expansion. The Crawford Stewardship Project was formed in large part because of Roth's license application. The group had many members in attendance who spoke against the proposed expansion.

"This license will be a license to pollute issued by the county," said Nelson, who cited numerous studies and the opinions of biologists and other scientists who say that the state standards and Roth's waste management plan are inadequate. Nelson questioned the accuracy of the nutrient content tests of Roth's land and she said that with the help of scientific research she intends to prove those alleged inaccuracies.

"The question of the day is not whether Roth can get a permit," she said. "The question of the day is that this design is a threat to the neighbors and citizens of Crawford County. We are asking the (Land Conservation) committee to act responsibly. We are asking you to table the license application so more data can be given."

Jamie Saul of Midwest Advocates said that the waste management plan is "not sufficient to protect public health and fails to meed state standards." Saul also questioned the legality of allowing Roth to proceed with construction without a license.

Lisa Varnes-Epstein, a Physician's Assistant from Gays Mills, said that the expansion of Roth's farm would give rise to airborne and waterborne diseases.

"It would create significant health hazards," said Varnes-Epstein. "It would be of harm to human health." Varnes-Epstein cited several studies published in various medical journals.

As the hearing wore on, it was clear that both sides were well-fortified. Several speakers with the Crawford Stewardship Project continued to cite health and environmental risks and some speakers mentioned that the strong odor would drastically drop property values and hurt the local economy. Those in favor of Roth's expansion plans continued to refute studies regarding health and environmental risks, saying that those studies were faulty. They also said that property values and the local economy would not be adversely affected, and in fact, would be improved and the tax base increased. They said that because the manure would be regulated and confined it would not be a health hazard.

The meeting went the full scheduled three hours and there were 10 people who still hadn't had a chance to speak. Their written comments will be accepted for the committee's review, however, as will numerous other written comments.

The next scheduled meeting of the Land Conservation Committee is Dec. 7. Russ Hagen said that the issue will likely be acted upon at that meeting. There are several possible outcomes. The license could be granted. The license could be denied. The issue could be tabled until the January meeting. The issue could be extended for another 90 days for further review and so that more data can be gathered.

If the license is denied, Roth could appeal to the state for a ruling.

If and when it is determined that Roth has fulfilled all of the requirements under state law, the Crawford County Land Conservation Committee would not have much of a choice under the law but to grant the license.

Hagen said, however, that the county does have the option of attempting to present "clear and compelling" evidence to the state in an effort to say that this situation is unique and requires standards above and beyond the state law. The state would then hear the evidence and make a ruling. Hagen said that no county has ever attempted this.

Brew pub and restaurant slated to open in McGregor

The "sidewalk supervisors" at the Old Man River Brewery„that's what Marci Strutt playfully calls the local folks who have been watching the construction project„will soon be out of a job. Work on the renovation of the Diamond Jo Reynolds building in McGregor is almost complete.

The 104-seat restaurant and brewery complex is slated to open in late December. When the doors swing open it will be the fulfillment of a four-year project and a lifelong dream of two former McGregor residents, Dave and Marci Strutt.

"Our vision was always to do something good for the town," Dave said.

The couple, who both grew up in McGregor but live in Des Moines, have many fond memories and close ties to the community.

They hit upon the idea of opening a brew pub in order to create a unique business to stimulate the local economy and a social gathering place for the community. In late 2003, they began to consider various locations in town that might be create a suitable home for the business. The Diamond Jo Reynolds building, was one intriguing possibility.

"We kind of landed on this oneƒits one of the most unique in town," Marci said. The location had the amount of space they were looking for both within the building and on the adjoining land. They knew they would need extra space to have room for the brewery. Plus, the Strutts liked the idea of saving a very historic building.

The years of planning and months of construction are evident inside the Diamond Jo. The first floor of the building, which was most recently occupied by two separate shop spaces, originally had four separate rooms, a large brick vault in the middle of the space, and a staircase leading to upstairs apartments. This floor has been completely transformed It is now one large, open room which will be used for the bar and for the restaurant dining space. A large deck is being added to the back of the building to provide outside dining during the warmer seasons.

TCI of La Crosse, Wis., is the contractor on the job.

Working in an historic structure has presented some challenges. One difficulty they encountered was the removal of the vault. The vault was used by the original owner of the building, Diamond Jo Reynolds, who operated a freight and passenger steamboat line. At first the Strutts thought they could leave the vault in place as an interesting remnant of the building's past.

But it became clear that it just took up too much space. The workmen who took it out had a big job as it was constructed of four layers of brick that was up to four and one-half feet thick.

This summer's flash flooding was also a problem. Five feet of water stood in the building's basement, and construction equipment was also flooded. Consequently, the Strutts decided that they would leave the basement empty and planned for all of their storage needs in the new building.

They also uncovered evidence of a previous fire which had destroyed the adjacent building and affected the Diamond Jo. Evidence of the flames can still be seen on blackened ceiling beams which remain exposed in the dining room. Also, almost half of the first floor structural timbers were affected by the fire and had to be replaced.

Marci has handled the decision making and troubleshooting for the interior design of the dining room decor. She sees it as a marriage of the modern and the historic. The dining room will feature traditional wooden tables and a beautiful oak bar, but also modern features such as exposed brick and beams and aluminum window trim. A bust of Diamond Jo Reynolds will greet diners in the entryway.

To see the realization of their plan in bricks and mortar has been a pretty exciting process for everyone involved. "It's just amazing how the thing has developed from a hole in the ground," said Moser.

"It's been a real team effort," Marci said.

Since they have no background in the restaurant business, the Strutts needed people with expertise in the food and brewing. Stacy Moser, a graduate of Kirkwood Community College Culinary Program and an experienced cook from Johnson's Restaurant in Elkader, joined the team, as did John Hannafan, a brewer from Clinton, Iowa.

Moser, who will be the general manager, has been the go-to man who has helped design the kitchen and develop the menu.

The Strutts found John Hannafan after talking with regional microbrewers around the Des Moines area. At first Hannafan was hired only to help purchase and set up a brewing system. But Dave explained that as he got involved with the project, Hannafan expressed interest in becoming brewmaster for Old Man River, and they were happy to have him.

Dave and Marci see their new business first and foremost as a restaurant. They're calling their menu "upscale casual." What that means is you can show up in your jeans and still enjoy a great meal that will include gourmet details like wild and imported mushrooms and seafood flown in from the coast twice weekly. Burgers, pasta, salads and steaks and pizza will round out the menu. Executive chef Kendall Clark, most recently of Pepper Sprout in Dubuque, will head up an anticipated staff of 20.

Those anxious to sample one of Old Man River's house brews will have to be patient. It takes time to brew beer„for it to ferment and age. Other regional microbrews will be served until the first of four signature house beers are ready sometime in March. When spring comes and the river shakes off its coat of ice, the Strutts plan to host their grand opening with their first batch of beer.

November 26, 2007

Council approves new winter parking ordinance

At its Nov. 20 meeting, Prairie du Chien Common Council adopted a new winter parking ordinance to facilitate street plowing and cleaning and tabled passage of a rezoning ordinance.

With four council members absent, the ordinance passed on a vote of 5-3, with council members Gilbert, Hackett and Boylen casting dissenting votes.

The alternate side parking ordinance has two major changes from the previous one. The previous ordinance stipulated that beginning Nov. 15, alternate side parking commence on odd sides of the street on odd numbered dates, and on even sides on even numbered days for the time periods of 12:01 a.m. to 6 a.m.

The new ordinance requires alternate side parking only in the event of a weather event forecast broadcast by WQPC in Prairie du Chien predicting freezing rain, sleet, ice or snow accumulation to the extent of two inches or more.

The parking requirement would remain in effect until noon rather than 6 a.m.The new ordinance further stipulates that the alternate side parking begin at 12:01 on the day following the commencement of the weather event and end 48 hours after the conclusion of the weather event.

Discussion before the vote included how and when residents would listen to the forecast, whether adding six hours to the parking limitation would inconvenience school and day care staffs and whether the new ordinance would, indeed, cause less inconvenience for residents.

Council member Nate Gilberts worried that extending the parking ban until noon would cause problems for people who report to work early, before parking lots are plowed.

Mark Oehler addressed council with his concern that a weather forecast generated at 6 a.m. could change greatly during the day, and a prediction of clear skies might easily change to snow later in the day.

Addressing a question of giving parking exemptions to such organizations as school and day cares, attorney Tom Peterson said the problem would be where to cut off the exemptions.

In relating the origin of the new ordinance, Mayor Cheryl Mader said council members were hearing complaints about switching parking sides every day when it rarely snows.

Council member Dave Hemmer suggested that the street department be asked to plow areas such as schools and day cares first, but council member Frank Pintz pointed out that the police department has to enforce the laws, and that a person could get ticketed for parking in a certain spot even if it has already been plowed.

Council member Joe Ruskey said people needed to remember that the ordinance is intended to make things more convenient for residents, and that people concerned about missing the weather reports can simply continue alternate side parking every night as they did before.

Council member Kathleen Hein said she would like to try it for a year to see if it helps.

Council also held a public hearing on an application from the Dillman Family Limited Partnership to rezone two lots at 217 and 215 N. Marquette Road from B-2, Highway Commercial, to B-1, Central Business.

Dean Achenbach, who owns property directly south of the lots, addressed council and asked for an explanation of the difference between B-1 and B-2.

B-2 stipulates a front building setback of 25 feet and side setbacks of 10 feet, with a maximum of 50 percent lot coverage by a building.

B-1 has no front or side setbacks and no maximum lot coverage regulations.

Achenbach requested that action be postponed until he had a chance to talk to the Dillmans and find out what plans they had for the lots.

Passage of the rezoning ordinance was tabled and the hearing continued until the December 4 meeting.

In other business council:

´Approved changes to the Bridgeport water and sewer agreement to match up with the city's new billing cycles.

´Postponed action on a new Alltel lease offer until council can review the various proposals.

´Appointed Angie Kramer to the Hoffman Hall committee to replace Pam Richie, who has resigned.

´Took no action on forgiveness of interest on Brunson Street special assessments. At a previous meeting, Peterson said he had been told an oral commitment had been made concerning forgiving a certain amount of interest. Terry Meyer reported that he could find no record of any such promise being made.

´Decided to make no changes to the city's snow emergency provisions.

Homeland Security funding helps Crawford County emergency services

Crawford County has significantly increased its emergency and police communications with big help from the federal Homeland Security program. And, more is yet to come.

State-of-the-art two-way radio equipment and antennae have been purchased and installed on communication towers in Rolling Ground in the northeast part of the county and in Ferryville in the northwest.

"Communications in the northeast and northwest parts of the county were inadequate,"said Crawford County Sheriff Jerry Moran. "Now, we're seeing a lot more adequate radio signal coverage."

"It was a long time coming, about a year,"said Crawford County Emergency Government Director Roger Martin, who noted that the project was completed in August. Martin said that equipment was installed upon the two towers and electronic equipment placed in the buildings.

The tower at Ferryville is 100 feet high and is owned by Mediacom. The tower at Rolling Ground rises 240 feet and is owned by the Wisconsin Department of Natural Resources. Martin praised Mediacom and the DNR for allowing the county to use their towers.

Martin said that it would have cost the county more than $500,000 to construct two new towers. There are now five communication towers in Crawford County that are used by law enforcement agencies, fire departments, EMS crews and emergency government. The project cost $177,905, of which $131,232 was paid for by a Homeland Security grant. The county paid for the remaining $46,673.

In addition to equipping the two towers, Crawford County will also be acquiring portable and mobile two-way radios that will allow much better communication between law enforcement agencies, fire departments and EMS personnel.

Martin noted that Homeland Security has nationwide funding available in three phases to increase the "interoperabilities"of law enforcement, fire departments and EMS. He said that Hurricane Katrina exposed deficiencies whereby local, state, regional and national law enforcement, fire departments, EMS and emergency government had difficulty communicating with each other.

During Phase I, numerous two-way radios will be purchased that will each feature 20 mutual aid frequencies, which will make communication between different agencies much more effective. The Phase I radios will cost a total of $186,204, of which $156,090 will be paid for through Homeland Security funding.

Sheriff Moran said that the sheriff's department radios are more than 15 years old and need to be replaced anyway.

Radios for fire departments will be purchased by Soldiers Grove, Ferryville, Gays Mills, Eastman, Prairie du Chien, Bridgeport and Wauzeka. Radios for EMS will be purchased by Ocooch, North Crawford, Interstate, Ferryville, Bridgeport and Scott. In addition to the sheriff's department, radios for law enforcement will be purchased by Ferryville and Gays Mills.

Roughly 84 percent of the cost of these radios will be paid for by the Homeland Security grant. The various municipalities will cover the remainder of the cost of their purchases.

During Phase II, radios will be purchased by the city of Prairie du Chien for use by the police department, the fire department and public works. The total cost of the Phase II project will be $22,058, of which $17,850 will be paid for by Homeland Security.

"The county just couldn't do these projects without emergency management and these Homeland Security grants,"said Moran.

Martin and Moran said that Phase III will focus upon public works, such as the Crawford County Highway Department, and various street departments and wastewater treatment plants, among others. It is not yet known what will be purchased or upgraded in Phase III.

"We will get emergency services covered first," said Martin. "And then we will move to public works."