Two committees of the Vernon County Board of Supervisors took action last week to recommend a moratorium on large-scale farm operations and recommend an ordinance limiting the number of animal units a farm can have.

On Wednesday, July 11, the county health committee unanimously passed a six-month moratorium on operations of more than 500 animal units. The county land and water conservation committee (LWC), Friday, passed an animal siting ordinance limiting farms to 500 animal units.

Both measures were passed by unanimous vote, which includes for the health committee county board members Jo Ann Nickelatti, Richard Hansen, Leo Verbsky, Lynn Chakoian and David Ebbert; and for the LWC county board members Hansen, Orvis Primmer, Judy Wilmes, Herbert Cornell and Will Beitlich.

The recommendations will be considered by the county board on Aug. 7. They are directly the result of a proposed large-scale confinement hog operation proposed by Jeff and Bonnie Parr of Ferryville, to be located in the town of Sterling near Retreat. The town board has already approved a building permit for the Parrs' 2,400-head hog facility, but the couple submitted its manure storage permit information to the county, Friday, which doesn't have to be acted upon for 30 days. The deadline for action on that permit will come after the Aug. 7 meeting.

Why the recommendations?

Vernon County currently has no countywide zoning, no comprehensive plan, no animal siting ordinance and its manure management ordinance has not been revised for many years. The size of operation planned by the Parrs is just under what the Wisconsin Department of Natural Resources considers to be 1,000 animal units. This means the farm would not have to receive a Confined Animal Feed Operation (CAFO) permit to operate. Farms operating in compliance with CAFO permits must regularly report information about their operation to the state. Those under the CAFO permit limit, operate only with whatever other state and federal regulations are in existence.

While the Parrs are the only people to have publicly announced they are planning such a hog facility, the Vernon County Broadcaster has learned from separate independent sources that possibly up to eight hog farms, similar to that proposed by the Parrs, are under consideration in Vernon, Jackson, Monroe or Clark counties. Clark County Conservationist Matt Zoschke said two weeks ago he's fielded calls from half-a-dozen Iowa pork producers looking into locating hog operations in Clark County. Vernon County Conservationist Kelly Jacobs has said there are more hog farms being considered for Vernon County.

More than 100 protesters showed up at the Vernon County Courthouse, Friday, to attend the land and water conservation committee meeting. Protesters wore green shirts and held signs with various slogans asking the county for a moratorium on large animal confinement operations and to protect Vernon County's air and water quality. They cheered when the committee passed its recommendation.

A few concerned citizens and some associated with the Valley Stewardship Network (VSN) spoke to the crowd and encouraged them to stay engaged in the political process and to contact their county board representative and ask them to fight operations of this kind.

The Valley Stewardship Network (VSN) produced a report outlining that the county's geology, largely karst limestone, is not appropriate for manure spreading from large-scale hog operations. Vernon County also has driftless topography, which means the coulees, ridges and valleys create a large degree of slope and can be problematic for manure run-off. A manure run-off event in 2005 was killed the vast majority of fish in Jersey Valley Lake in northeast Vernon County.

VSN has recommended that if the board institutes a moratorium, it immediately engage in studying the county's topography, geology and health and safety concerns to ensure proper regulations are on the books for large-scale farming operations. (A letter to the editor regarding this plan by VSN appears on page A-4).

While the LWC's recommended ordinance included an animal unit limit, County Corporation Counsel Greg Lunde said there is a provision in the ordinance that allows someone to ask for a variance that allows them to move ahead with an operation while the moratorium is in place. This could allow the Parrs to keep working on their proposed confinement operation — that's if the ordinance isn't superceded by the health committee's moratorium.

Health committee debate

The health committee heard from a number of concerned citizens during the public comment portion of its meeting, July 11, including Paul Kadousek, who has lived next to a 10,000-head confinement hog operation between Richland Center and Muscoda since 1977. Kadousek, who is a farmer himself, said he didn't think much about the farm when it started, but broke down in tears as he told the committee about his ongoing health problems that have developed over the years. Kadousek said he has been hospitalized a number of times including a 10-day stretch in intensive care because of severe asthma attacks.

Kadousek said he had a specialist test him for reaction to the hog waste and pinpointed the cause.

"I couldn't walk from the house to the barn without resting," Kadousek said. "The wife and the kids had to do the work. I gave them the option to move but they didn't want to. So, I thought, 'I have been here 20 years. I am not going to move.'

"This is too emotional for me because of what my family went through," Kadousek continued. "The only reason I am here is I don't want someone else to go through what I went through. I don't know if you understand it or not. Maybe I am overly sensitive, but we have the research that shows what can happen."

The committee also received a letter from cardiologist Dr. Steven Smart of La Crosse which said one of the neighbors of the Parrs' proposed operation could be under significantly increased stress from the operation because of a pre-existing heart condition.

Committee members also heard from local physician Dr. David Chakoian, whose wife Lynn sits on the committee.

Chakoian said he was able to find most of what is out there that was studied in an "unbiased" way. Chakoian said he found two lines of evidence that has him "concerned."

Chakoian said the epidemiological evidence that studies large populations exposed to hog operations shows a significant increase in respiratory disease and diarrheal illnesses. Chakoian said there is good data showing that putting such an operation next to a school significantly increases the incidence of asthma.

Chakoian said his research showed the health impacts occur not only when there is an intense exposure to the operations, but also when there is a wider less-intense exposure.

"The other thing that has me concerned is the anti-biotic resistant bacterial plume that comes off of these," Chakoian said.

Chakoian said the study he found was done on a barn almost exactly like the one being proposed.

"They found on an ongoing basis a fairly high number of bacteria being put up in the wind," Chakoian said. "These were fairly highly antibiotic resistant bugs the most common being staph aureus."

Chakoian said the bacteria is resistant to almost all medications and if a health care workers guesses wrong on the infection or the correct medication, there is often a fatality.

"There are only two oral drugs we can use and the bacterial plumes tended to be resistant to at least one of those," Chakoian said. "So, I get very worried that these plumes coming off these farms will make our bad bugs worse."

Chakoian presented a report with his findings along with a description of the existing health conditions of residents in the surrounding area to the committee and asked the committee to pass the moratorium, so the county has more time to conduct its own study.

Health committee members said they are willing to use the authority under their health ordinance to limit such operations on the basis that they pose a health risk to county residents. Ebbert read the definition of health hazard from the county health ordinance, which states the county has the authority to address anything that poses a potential health risk.

"In looking at our health ordinance we have the right to regulate those kinds of risk to the public," Ebbert said. "I see a direct tie in. We support the right of people to use their land for economic benefit and we don't want to step on that right except where interferes with the rights of neighbors. We are trying to balance all the rights in the neighborhood. I do think this type of agriculture and this facility would adversely affect the health of those around it, so I see it well within our authority to act."

"As a health care practitioner do we wait until there are clear obvious damages to people before we step in or do we step in and say there is a high chance this could damage people and step in?" Chakoian asked. "Obviously there has to be a balance. My own perspective is we should step in, but that is partisan because that is what I do is try to keep people healthy."

Jane Brothen a town of Sterling resident said she lives directly in line with the proposed site and has a daughter who is allergic to antibiotics.

"So, I want everyone up there to think about if that was your baby and they could die," Brothen said. "How would you feel that the good of one family risks the rest of our lives?"

"The limited financial gain of one family should not outweigh the risk to 100 neighbors," said supervisor Richard Hansen.

Possible lawsuits discussed

Committee member Gail Frie asked the committee for a one-year construction or expansion moratorium on all operations over 250 animal units to see if the health effects such operations are real. Frie said the county should do a local study to examine the health risk to county residents.

"If we aren't able to prove that (health risk) everything moves forward as it is now," Frie said. "We are the only Vernon County entity that has lawsuit liability for doing nothing to protect the health and safety of the citizens of Vernon County because that is our job by state statute. For me I would much rather go to court to defend a health committee action that protects our citizens than to defend not doing anything at all.

"I also think we owe this (a local study) to the Parrs because the worst case scenario would be there is no action, they build as planned and it is a tremendous investment and then later we find there are health effects and we have to close them down," Frie continued. "We just bankrupted a local business and that is not acceptable."

Vernon County legal counsel Stephanie Hopkins warned the committee that the county could get a legal challenge including from state and national farm organizations which could view any tighter local restrictions as a threat elsewhere in the state.

"…You could end up in an intense legal battle," Hopkins said.

Hopkins said if that happens, the county may need to get a legal firm that specializes in such cases.

"You have to understand the corporate interest have a lot to lose by getting into that battle," Frie said. "Entering into the battle makes it public statewide or they probably wouldn't be welcome in the rest of the state."

"On the other side of that, if we can get more stringent standards here, then any other county in Wisconsin could do it too," Hopkins said. "So, you can expect for the first couple (of challenges) you can expect an intense legal battle."

The controversy has been brewing in the county through a number of meetings at the town and county level to consider the operation or any others that may come after it.

In an interview following the two decisions, Jeff and Bonnie Parr, said they intend to keep moving ahead with their plans until the county board makes its decision on Aug. 7. Jeff Parr said there is a chance the county board could vote against the moratorium, so he has to plan as if he is still allowed to build the facility.

Vernon County corporation counsel Gregory Lunde and Hopkins have said the Parrs could take legal action if they believe they sustained losses by changing the regulations after they began their planning and received a building permit. When asked if he intends to keep fighting to build the operation even if the board votes to impose the moratorium on Aug. 7, Parr said he has not decided.