Story originally printed in the Vernon Broadcaster or online at www.vernonbroadcaster.com
Published - Wednesday, August 08, 2007
County turns down moratorium: Facility licensing, comprehensive planning move ahead
A proposed 2,400-head hog operation in Vernon County will start construction by end of the month after the Vernon County Board of Supervisors voted down a moratorium, Tuesday.
The 23-6 vote was greeted by applause as the board denied a measure that would put a six-month freeze on farm operations between 500 and 1,000 animal units.
The board did vote to tighten some restrictions on farms by passing a "livestock facility licensing ordinance." The board also voted to form a comprehensive planning commission that will start to look at land use planning. The board voted 15-14 in favor of the animal siting ordinance and 24-5 in favor of forming the comprehensive planning commission.
The votes took place after 30 speakers from the general public addressed the board and a lengthy debate by the board. Among the speakers from the public, 23 were in favor of the moratorium, seven against.
The vote brings at least a temporary end to the controversy that began last spring when Jeff and Bonnie Parr proposed the construction of the 2,400-head hog operation in the town of Sterling near Retreat.
Jeff Parr said the controversy has been emotional, but it was worth it.
"I would do it again," Parr said. "A lot of this I didn't know was going to happen, which is maybe a good thing, but I would go through it again."
Parr said he has already adapted his plan, so his barn location will comply with the licensing ordinance. As soon as he gets his manure storage permit back from the county, sometime this month, he will begin construction, he said.
When asked if he thought the controversy was over, Parr said, "We'll see."
The county's land and water conservation committee had sent a recommendation to the board to pass a local animal siting ordinance that gives the county the authority to have some controls on animal operations which are based on state guidelines. Vernon County Conservationist Kelly Jacobs said the ordinance was a "licensing" ordinance that is allowed for counties like Vernon County that have no zoning. Jacobs said the ordinance addresses siting issues like setbacks, but does not address performance issues.
In July, the county health committee approved a recommendation to the county board that asked for a moratorium on farming operations of more than 500 animal units, so the county could have time to study the health issues that were raised in report by local physician Dr. David Chakoian. That included research which indicated the air and water quality of the Parrs' neighbors could be affected.
The health committee met again on Thursday, Aug. 2, and approved changes to the moratorium, but only five of the nine members signed it before reaching the board floor on Monday. Not signing the recommendation were health committee chairwoman Jo Ann Nickellati and vice-chair Richard Hansen.
The moratorium nearly died in the morning session because of a legal issue that required the county to have started a comprehensive land use plan to make the moratorium "legally defensible." County Corporation Counsel Greg Lunde said that if the board did not approve the proposal in the morning session to form a comprehensive planning commission it "might as well pull the moratorium ordinance" in the afternoon session. Lunde said the county had to show it was working toward the land use planning to make the moratorium legally defensible.
Supervisor Jerry Cade made a motion to table the comprehensive plan, which would have killed a vote on the moratorium. The motion to table was narrowly voted down by a 15-14 margin, but the resolution to form a comprehensive planning committee then passed by a 25-4 vote.
Once the board narrowly passed the animal siting ordinance in the afternoon session, supervisors put on the brakes.
"It is a little about compromise," said supervisor Kevin Gobel. "We just did the comprehensive plan, and we just passed the siting ordinance and it's a start. Once again I will say if you want to talk moratorium let's shut everything down in Vernon County. Farmers I talked to are sacred… and what's next? You can't pick corn with your combine after 10 o'clock at night? I think we have to look at the health effects and that siting ordinance can be changed at anytime… right?"
"I think it is a matter of compromise," said supervisor and health committee member Dave Ebbert. "Farmers have a right to farm and neighbors have a right to their neighborhood and it is our job to make sure that those things get balanced."
Ebbert said the health committee passed the recommendation for the moratorium because it felt the health risks were real and the state law does not go far enough to protect Vernon County residents.
In the end it may have been the potential legal battle the county would likely have faced that killed the moratorium. Lunde explained to the board that the moratorium is "legally defensible," but would more than likely get challenged because of the number of legal issues it raises including right to farm legislation, constitutional issues and local versus state issues.
"A lot of good lawyers have looked at this …. I believe we have a legally defensible document," Lunde said "That is a long way from guaranteeing we would win the case in court. It means we have an argument to make to the court. There has been a lot of talk about threats of litigation…I don't think they are threats. I think if we have a vote on this before 4:30 p.m. there is a chance a lawsuit will be filed before you adjourn your meeting."
Lunde warned that if the moratorium is passed the scientific data needed to justify tighter restrictions would be even more costly than the legal defense. Lunde said Vernon County would not be the best test case to challenge some of the issues mainly because the county has no zoning.
Some who spoke in the public comment portion of the meeting urged the county to not give into pressure because of the potential legal battle.
"The primary reason I stand before you is because I am concerned about the economic future of Vernon County, it is a beautiful place." said Mike Koppa of Viroqua. "I believe I speak on behalf of all young families of the area. I am not here to position conventional farmers against organic farmers. I am not here because I think the one proposed 2,400-head hog farm alone is going to destroy the quality of life in Vernon County. I am here because I am almost certain the national pork industry, if given the opportunity, will destroy the quality of life that is the long standing hallmark of our community with not one but several large-scale confinement hog farms. Have you visited western Iowa lately? You have outside investors hell bent on stopping a temporary moratorium that will provide us with time to do the research that will ultimately prevent them from destroying our community because they are desperate for a new home. Yes, we are being targeted. Who are you going to side with David or Goliath?"
Local beef farmer Matt Urch said it is obvious in researching the issue in the last two months that the pork industry is targeting Wisconsin and pointed to recent testimony at last week's public hearing by Dr. Arthur Mueller, DVM, who represented himself as a veterinarian speaking to health issues. Urch said further research into Mueller's background shows testimony he gave where he presented himself as the manager of Wispig, a farming operation that sells feeder hogs in Iowa, Wisconsin and Minnesota.
Attorney David Abt again urged the board to reject the moratorium to keep the county out of legal trouble.
"This is being watched all over the state and the Midwest and if you embark on this you will be challenged," Abt said. "The industry can not let it stand. As soon as it starts here it is going to be started everywhere. You will spend many many dollars and the research is more than the litigation. The research is going to be done in six months? No way, Calumet County has been working on for six years and they are still not done."
Mike Wehler from the Wisconsin Pork Association said the proposed operation does not pose a health threat and Wisconsin and those who say Wisconsin is being targeted are misleading the public. Wehler said the moratorium is just a tactic to stop the proposed operation and would not provide enough time to do the research proposed. Wehler also opposed the use of the term "factory farm."
"I would hope that you would try to find definition to that, or is it just a process farmers use to be more efficient and treat their animals better," he said
Wehler said there are already 30 farms in the state the same size as the one proposed and there are no known health effects from those operations.
How the supervisors voted
County supervisors voting in favor of the “livestock facility licensing ordinance,” which passed 15-14, were Will Beitlich, Kevin Gobel, Richard Hansen, Herbert Cornell, Sherman Erlandson, Todd Overbo, Lynn Chakoian, Karen Dahl, Chet Lee, Judy Wilmes, Francis McCoy, David Ebbert, Thomas Spenner, Harry Baller, and Leo Verbsky. Supervisors voting against were Jo Ann Nickellati, Ralph Hicks, James Servais, Maynard Cox, Richard A. Brose, Robert Johnson, Raymond Moser, Orvis Primmer, Layton Thompson, Jerry Cade, Frank Easterday, Ole Yttri, Jack Robinson and Brian Richardson.
County supervisors voting in favor of the “livestock facility moratorium,” which failed 23-6, were Lynn Chakoian, Karen Dahl, Chet Lee, Francis McCoy, David Ebbert and Leo Verbsky. Supervisors voting against were Will Beitlich, Kevin Gobel, Jo Ann Nickelatti, Ralph Hicks, James Servais, Richard Hansen, Maynard Cox, Herbert Cornell, Richard A. Brose, Robert Johnson, Sherman Erlandson, Raymond Moser, Orvis Primmer, Layton Thompson, Todd Overbo, Jerry Cade, Judy Wilmes, Frank Easterday, Ole Yttri, Jack Robinson, Thomas Spenner, Harry Baller and Brian Richardson.
All stories copyright 2006 Vernon Broadcaster and other attributed sources.