Supervisors host lengthy discussions on CAFO, ATV/UTV trail at regular session

by Brianne Eilers

The Allamakee County Board of Supervisors met for its weekly meeting Monday, March 28, which involved a great deal of discussion in regard to few agenda items. During public comment, several members of the public were present to address the Board regarding the proposed concentrated animal feeding operation (CAFO) in the Village Creek area.
Ric Zarwell, President of the Allamakee County Protectors Education Campaign, was present to urge the Board of Supervisors to oppose the proposed “factory farm.” He cited several factors that needed to be considered, including trout streams and quality of life. He noted that the group does not oppose agriculture, but stands “in strong support of local farmers and residents of that area who are opposed to this.”
Zarwell also pointed out that Jones Creek, one of the areas that could be affected by this CAFO contains a breeding population of trout, which Zarwell said is “rare in Iowa,” as most trout streams have to be stocked by the Iowa Department of Natural Resources (DNR). Zarwell also requested independent analysis of the geology and application from someone separate from the applicant.
Village Creek area resident Brad Krambeer then spoke and stated he is going to be the closest of the neighbors to this proposed hog confinement site, and that he and his wife have lived there for 17 years. “If I get emotional, I apologize,” he said, “because this is my livelihood.” He cited that his property value could plummet $40,000 to $50,000 with the construction and operation of the confinement. “How will I recoup that loss?” he asked. Krambeer also raised concerns with the added commercial traffic, like semis, feed trucks, grain trucks or manure hauling, on the road and the risks proposed to children or anyone else who uses the road to walk or ride bicycles. He noted that there would be five million gallons of liquid manure to be removed from the facility annually. He also had concerns with the smell and the noise of the operation, and how that would affect his quality of life.
Monte Marti, along with Harold and Shirley Marti, were also present to discuss concerns as neighboring property owners. Monte Marti addressed the Supervisors regarding access issues, as well as possible issues with how the area will be affected by the operation and how it could detract from people who may come from outside Allamakee County to use the area. He also questioned why the County Home Farm property is a part of the manure management plan.
Mary Trebbien, also a Village Creek resident, spoke on concerns that the county road is not equipped to handle the commercial vehicle traffic and that she had concerns about run-off polluting the creeks and land. She stated that she and her husband had purchased their property several years ago in order to have a place to retire in a rural area, and that there are many other retirees in that area. She stated concerns that the road may deteriorate so that emergency services would not be able to quickly get to an elderly individual or anyone else that needs help.
Board Chair Larry Schellhammer noted that later in the meeting, there would be time for the Board to discuss the receipt of a DNR Construction Permit Application for the property.
In other matters during public comment, Jack Knight addressed the Board regarding the Driftless Area Education and Visitor Center. Knight noted that he felt it is important to note that the visitor center would be a “key part” of the Mississippi River Trail and he encouraged the County to look to the future and see what direction the county will be steered.
Moving on, the Board accepted and signed historic preservation reports presented by Marcia Rush. The Board also approved a plat from Moore’s Dairy Service, Inc. and set public hearings for a change in zoning from R-1 to C-1 filed by Kelly Rentals, LLC in Rossville for 9:45 a.m. Monday, April 11 and a change in zoning from A-1 to C-1 filed by Ashbacher Building Supply for property located near Rossville for 9:55 a.m. Monday, April 11.
The Board then moved on to consideration of bids for gravel resurfacing for County roads. Three bids were received: from Bruening Rock Products, Inc., Division I: 31,345 tons at $8.999/ton; Division II: 23,605 tons at $8.999/ton; Division III: 29,618 tons at $8.999/ton and Division IV: 32,878 tons for $8.999/ton; from Wiltgen Construction for Division IV: 32,878 tons at $8.899/ton and from Paul Nieman Construction for Division I: 31,345 tons at $9.67/ton; Division II 23,605 tons at $9.04/ton and Division III: 29,618 tons at $10.09/ton. The Board directed Allamakee County Engineer Brian Ridenour to review the bids and make his recommendation at the meeting next Monday.
Trebbien then asked the Board about the types of gravel used and why some has sandstone. Ridenour responded that the County does have specifications and has testing done on the gravel composition. He explained that they like to use majority limestone, but there is some other rock that gets in there. He noted there are certain quarries they cannot use because of the composition of the rock.
The bids for the box culvert work on County Road B38 (Cherry Valley Road) were considered next. One bid had to be taken out because it was incomplete. The remaining bid was from Brennan Construction for $159,751.88 for the project, which involves five culverts.
The Board then moved on to discussion and consideration of an ATV/UTV trail system in Allamakee County. Several members of the public were in attendance to speak on either side of the issue. Engineer Ridenour began the discussion, noting that he personally is not in favor of using public roads as a trail system, except to maybe cross a road. He felt it would be better if riders could use all private property or have something similar to the current snowmobile routes. He presented the Supervisors with a couple options for them to use for an ordinance and also for an ATV/UTV temporary permit.
While all in attendance agreed that ATV and UTV machines are beneficial for people who need to move from farm to farm, there were concerns about them riding on public roads for recreational use. Supervisor Dan Byrnes said he is opposed to having any kind of ordinance that allows ATV/UTV use on public roads. His main concern was safety for the residents of the county and he felt that it is unsafe to have the ATV/UTV machines on the road. He also was concerned what the cost would be to maintain the roads as well as having personnel available to enforce any ordinance or regulations. He said that he is concerned about the costs because the County runs on a budget and until they know what the additional costs will be, he felt that ATV riders should try and get permission from private land owners or the State of Iowa.
Supervisor Dennis Koenig stated that he is for allowing ATV and UTV riders on public roads. He stated that he feels education is important and the people need to learn to use the roadways safely. “These people (the ATV rider group) have done as we’ve requested to put something together, and it's time to move on,” Koenig said. He added that operators of the ATVs would still be subject to traffic laws and that he felt “the rules of the road will prevail.”
Schellhammer noted that he personally feels that he is kind of “middle of the road” on this issue. Schellhammer said he does understand safety concerns, but also appreciates the work that the ATV rider group has put into this project. Schellhammer also noted that farmers already use the public roads to get from one farm to another on ATVs and that there haven’t been any “huge” problems. Schellhammer suggested doing something on a trial basis, and if there were problems, the Board could choose not to approve any kind of ordinance again.
Discussion turned to fees with permits and whether or not it was fair for ATV/UTV owners to have to pay a permit fee when they have already registered with the State. Dennis Blocker noted that they proposed a $10 flat fee on a permit to match the license plate, with the objective being that money stays in the county.
Rural county resident David Anderson stated that he is opposed to the idea of using public roads for ATV/UTV use, citing it is dangerous and unhealthy. He said he felt that some roads are not suitable for use and that by allowing people to ride ATV/UTV machines on county roads, it would contribute to the obesity problem in America.
Ridenour pointed out that at this time, the State of Iowa is not interested in having trails through State land, like Yellow River Forest, because of the hikers and horses that use the park. The Board ultimately decided to try and put together an ordinance that allows for use on public roads, but would allow the Supervisors to get rid of the ordinance should problems arise. As with any ordinance, there will be public hearings on the matter, and everyone in attendance was reminded that just because the Board is considering an ordinance regarding ATVs and UTVs, it does not mean they are passing or approving anything at this time. Both Koenig and Schellhammer were in favor of putting together an ordinance regarding ATVs and UTVs, with Byrnes being the lone “no” vote.
Another topic discussed at length at the meeting was the DNR Construction Permit Application from Dale Reicks for a hog confinement in the Village Creek area. Schellhammer explained that the application had been filed last week by Dale Reicks, owner and manager. The facility would house 13,000 pigs, and would generate 5,600,000 gallons of manure annually. Schellhammer noted that he had called and spoken with a Mark Kipp, whom Schellhammer invited to Monday's meeting. He later received a call from Reicks and spoke about the application. Schellhammer said that he felt Reicks was “a very confident individual who knows the law is on his side.”
No one from Reicks View Farms was in attendance at Monday’s meeting. Schellhammer also noted that he had met with Iowa DNR Director Chuck Gipp and they went to visit the proposed site. He said Gipp understood and shared the concerns of the county residents and he told Schellhammer that he understood the system can be abused and manipulated.
The Board also discussed access issues and how the County roads could be affected by large equipment and extra commercial traffic. With the amount of manure produced annually, it would take 822 loads at about 7,300 gallons a load to empty the pits at the proposed facility.
Ultimately, it was noted that the Supervisors cannot do much as a County, as long as the application falls within the perimeters of the DNR law, and that changes would have to come from public pressure. “We understand that there are a lot of concerns and we are trying to address them as best as we can,” Schellhammer said.
The Board then heard from representatives from Riverview Center, including Jessica Rupp, volunteer coordinator, as well as advocates Sam and Hannah. Rupp explained that April is Sexual Assault Awareness Month, and she asked the Supervisors to sign a proclamation recognizing that. She explained that there are events coming up on the Luther campus and also explained a little bit about the services provided by Riverview Center. She encouraged anyone who is interested to contact Riverview Center for more information on the services they provide.
Next on the agenda was Kim Waters, who updated the Board on the County Social Services 28E Governing Board meeting that happened March 23. Among items discussed were the changes being made with the Medicaid managed care and managed care organizations (MCOs). She informed the Board that Mayo Health Systems in Rochester, MN will not be signing contracts with any of the MCOs, and those results will be felt in this region. She noted that it is important for anyone who is on Medicaid to contact all of their healthcare providers and find out who they have contracted with and if the services provided are covered.
The Board discussed having a Procurement Policy, which the County has apparently not had before but has always worked within the confines of the Iowa Code whenever they need to acquire goods and services to function. The policy could be amended by the Board if needed, and they would have the County Attorney also review the policy.
The Board also discussed Public Safety Center expenses. Allamakee County Auditor Denise Beyer said that some of the items could be re-coded to be included in $400,000 earmarked for the current fiscal year.
During department head reports, Engineer Ridenour asked if the proposed confinement from Reicks View Farms would be the largest CAFO in Allamakee County to date. Schellhammer thought it was. Ridenour suggested finding a CAFO in another Iowa county of similar size and finding out what kinds of issues that county dealt with regarding the confinement. Byrnes suggested that the DNR be made aware of the fact that the current County Home Farm operator has one year left on their lease, and that could affect the manure management plan.
On the ATV/UTV trail issue, Schellhammer directed Koenig to work with Ridenour on an ordinance so the process can continue moving forward. Ridenour also reminded the Supervisors that the public hearing on proposed paving of Makee Drive is coming up. Beyer reported that there will be second grade and eighth grade field trips coming to the Courthouse in April.