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August 3, 2007 Special Board of Supervisors Meeting
Maine Minutes
Friday,August 3, 2007
3:00 p.m. at Van Der Geest Dairy
Special Board of Supervisors Meeting
The Board of Supervisors of the Town of Maine will hold a Special Meeting at the Van Der Geest Dairy on Friday, August 3, 2007 at 3:00 p.m.
A Special Meeting was held on Friday, August 3, 2007 at the Van Der Geest Dairy.
Chair Hoenisch called the meeting to order at the Van Der Geest Dairy at 3:15 p.m.
Present were Town Board members Chair Betty Hoenisch, Clerk Tammi Walter, Supervisor Tad Schult, Supervisor Sue Shore, Treasurer Marilyn Grunenwald, Lee Van Der Geest and Mary Van Der Geest.
Chair Hoenisch explained to the Van Der Geest’s that the meeting was called to try to find a way to work cooperatively together in regards to the manure incinerator issues. We need to end all the rumors that are floating around, which is causing division amongst the Town.
Supervisor Schult stated that his initiative with this meeting was to come together so we can get to a point, where we know where each other is at with this issue. In that process we can help each other and have a common goal to sort the issues and problems out.
Chair Hoenisch explained that the most disturbing issue is the inaccurate rumors and gossip that the Town is trying to shut the Van Der Geest Dairy down and that the Town’s resolution was sent to the governor and legislature. Mr. Van Der Geest asked who had received a copy of the resolution and Chair Hoenisch explained the resolution was only sent to Steve Dunn at the DNR. Mr. Van Der Geest had gotten a copy on July 25th and Mary Van Der Geest mailed a copy to Plan Commission members on July 26th with her letter. This is where we need to put our cards on the table and find a common ground.
Lee Van Der Geest explained that they have always worked well with the Town. They realize that they have a large operation that impacts the Town and we need to work together. They were very frustrated that the Town Board had held a special meeting on July 23rd and passed a resolution against their incinerator without notifying them of the meeting. Mr. Van Der Geest felt that the Town should not pass judgment on their incinerator.
Chair Hoenisch and Supervisor Schult explained that the resolution was not passing judgment against the dryer. The purpose of the resolution was to alert the DNR of the Town’s position. The Town and the residents at the public hearing never passed judgment against the dryer or wanted to shut it down. Everyone just wants Van Der Geest and the DNR to do additional testing to assure them that the air we breathe is safe. That is not passing judgment or trying to shut the incinerator down. We are not judging you, we are judging the DNR for not doing their job. The Town does not want to be in the middle.
Mr. Van Der Geest explained that he felt the Town Board should let the DNR do their job and the Town should not get involved. Mr. Van Der Geest stated that he was doing exactly what the DNR required. The DNR issued a permit, gave him 10 pages of stipulations and procedures to follow. He said that they have spent $15,000 on emission testing. Why is the Town concerned if the Town does not know what the Van Der Geest’s have to do?
Supervisor Schult stated that when residents come to the Town with itchy and burning eyes we have to address their complaints. We do not even want to say that their problems are related to the incinerator. We would like to see Van Der Geest Dairy spend extra money to test for every possible item that could be there and find that nothing bad is in the fumes. The Town is stuck with the complaints and we cannot tell them that it is not our problem.
Lee Van Der Geest said that we should send the people to the dairy for a tour to resolve their questions.
Supervisor Schult explained that he had toured the dairy with an open mind but that doesn’t tell us anything, doesn’t’ give us the answer to why we have the particles here or why we have the blue cloud.
Chair Hoenisch stated that the DNR’s 10 page procedure booklet does not give us any answers or comfort. In the past the Town Board’s have been chastised for not being proactive and later we end up with huge issues.
Supervisor Schult explained that the Town is involved with five different situations where the DNR has dropped the ball. The Town gets stuck in the middle and is forced to get involved. He listed the Brokaw well contamination and Griffin’s fuel oil spill issues that have been dropped in the Town’s lap. That is why we are trying to be more proactive.
Mary Van Der Geest asked why the Town got involved with the Griffin’s fuel oil spill. Chair Hoenisch explained that Griffin’s called her to inspect their spill when the DNR, the remediation company and oil company dragged their feet for 10 months. She explained the Town needs to be concerned because there is a potential for contaminated wells if the spill is not cleaned up in a timely manner. She sent a letter to the DNR and the DNR specialist is keeping her posted on the cleanup. However, rest assured that if a neighbors well becomes contaminated, the Town will point the finger at the DNR and hold them responsible for drilling a new well. Chair Hoenisch went on to explain that we as Town Officials are elected to protect everyone. That means that if the DNR doesn’t do their job, then we have to step in.
Sometimes the Town has been criticized for not being proactive and now when the complaints came in and we got involved, now we’re criticized for being proactive. We just can’t win.
Supervisor Schult said that we do not want to impede on your operation. We think it’s great, however we have the other issues out there that need to be addressed.
Chair Hoenisch stated to Lee that she commended his initiative to invent a way to take care of his manure and lessen the impact on the Town.
Rhonda O’Leary from the DNR had explained to the Chairperson that the waste branch of the DNR was only concerned on how to handle your manure, and that’s how we got to where we are today. If you can make this incinerator work properly, do independent testing to prove that the air is safe, you could become a hero and the model farm. There may be many mega farms using this system some day, therefore the DNR needs to perform adequate testing so we know it’s safe. If we leave everything up to the DNR and they dump it on us and we don’t put it back on them, it will cost the Town a lot of money. Supervisor Schult would like to see the DNR invest in the cost of doing some of the testing because they need to learn from your system and use that knowledge in permitting other systems. We’re all winning that way.
None of the neighbors want the Van Der Geest Dairy out of the Town, they were all complementary about the farm.
Chair Hoenisch explained how she runs interception on complaints regarding the farm. She takes the time to explain to people that this is farming of today, this is what feeds the world and this is a farming community. She also answers questions on their manure line and explains how Van Der Geest have lessened the impact on the community by burying manure transmission lines, which takes many trucks off of our roads. This saves the asphalt and eliminates odors by injecting the manure into the soil. By the time she gets done talking to these residents, their thought process is changed.
Lee asked if the Town should be in charge of policing his operation to see that it is operating properly. Chair Hoenisch said no, but we need to address complaints when they come in. Chair Hoenisch asked Supervisors Wanke and Zernicke over a year ago to have a special meeting with the Van Der Geest, because of the complaints. The two former Supervisors toured the Dairy and stated that the DNR should handle it.
Discussion followed on the Town Board taking a field trip to the Wiese farm in Oshkosh that has gone thru a two year test and research project. Van Der Geest’s stated that the Wiese incinerator is not operational. Chair Hoenisch explained that Attorney Frokjer had made contact with Rich Wulk,the DNR specialist that is permitting that incinerator and they have done some test burns recently. Lee Van Der Geest asked why the attorney was calling the DNR and representing the Town at the DNR public hearing when you had promised to keep legal fees down. Chair Hoenisch explained the legal fees were much lower than in the past and gave the fees for the past two year. We have a potential liability issue here and as officials we have the right to bring in someone to give us advice.
Mary Van Der Geest asked if we are representing the entire Town. She said is this the opinion of all the people in the Town? Chair Hoenisch read the resolution that states the Town is seeking a fair balance between its agriculture interest and the neighboring town residents. We needed to ask for legal clarification, discuss our ordinances, ask what would be the Town’s legal ramifications if any and what the Town attorney thought should be presented at the DNR hearing. This is what the July 23rd Special Meeting was call for. This is what you use your attorney for.
Supervisor Shore asked Lee Van Der Geest if he had a chemist check his stack because the DNR does not test it. He said that the DNR had him test for certain chemicals and informed him that he needed to hire an independent certified testing firm. The records went to REI for review, then they were reviewed by a second engineering firm before they were submitted to the DNR. With those test results the DNR set the permits along with Mr.Van Der Geest’s operating guidelines. He needs to record such things as temperatures, and run time based on the list of things that the DNR has given him to do.Then the DNR opens it up for public knowledge and that’s why he doesn’t understand how the Town could pass a resolution without reviewing the DNR guideline. Supervisor Shore stated that we did review the basic parts of the DNR’s information.
Supervisor Shore explained that the Ryan’s who have been bothered by their eyes, nose and breathing problems had hired a chemist who found some discrepancies and inaccuracies in the DNR’s report. Their chemist did find some things that could cause health problems. The DNR realized that there are some things they should have done, but they don’t have enough manpower. She stated that people want clean air to breath. Supervisor Shore asked if there is any suggestions on what you are going to do about it? Mr. Van Der Geest stated that he wants the Town to take a step back and see what the DNR is going to do. Lee has been in touch with the DNR three times this week and four times last. The DNR have some different steps that they are going to try. The DNR is going spend an entire day with Lee to work on the incinerator. Lee stated that if the DNR does not pickup on this in the next month to six weeks then he stated the Town can jump back in and ask what is going on? Supervisor Shore asked if the DNR would have done these things if we had not held these meetings to give them the push. Supervisor Schult stated that we are here for cooperation and want to know what is going on. Mr. Van Der Geest stated they are here to work with the Town, that this is a two way street and we need to work together. He offered to share his DNR e-mails with the Town Board.
Supervisor Shore asked Mr. Van Der Geest that when the Ryan’s came to him with their problems what did he plan to do? He stated I’m not an air quality engineer so he referred them to the DNR. Supervisor Shore stated that she did not want Van Der Geest’s to get in trouble, that’s why we are putting so much emphasis on the DNR doing their job. Supervisor Shore said these poor people are really having a problem, I know you are concerned and frustrated and want to do something about it.
Lee Van Der Geest stated that there are always some people that you cannot make happy. Chair Hoenisch said that the Van Der Geest’s need to put their defenses down. The Town Board needs to look at this objectively and the Van Der Geest’s need to stay objective. Chair Hoenisch stated that you cannot have an operation of this size and not expect to be under fire. We are under fire on how we deal with you. She stated that we need to be allowed to do our jobs. Supervisor Schult stated that we have to walk a fine line and will not always do things correctly. We are human and make mistakes. If we can communicate better by keeping the lines open, this would help to make us successful in making the Town a good place to live.
Chair Hoenisch explained that the DNR, in the lack of doing their job, has given the Town Board and Van Der Geest, a bad name. She stated that the DNR should be ashamed to sit at the public hearing. We would not be here today if the DNR had not dropped the ball. All this wasted time and energy because of the DNR’s mistake.
Supervisor Schult asked if there is something bad coming out of the stack that the DNR missed, because if there is, we can get it fixed. Supervisor Schult said it would be good for the Van Der Geest’s and the Town. We can all sleep at night if we do our jobs to the best of our abilities.
What is the next step? Lee Van Der Geest stated the Town needs to let the DNR do their job. Chair Hoenisch explained that the Town has the right to make this fair, fair neutral statement to the DNR. Mr. Van Der Geest stated let’s start over from here.
Motion to adjourn at 3:55 p.m. by Supervisor Schult, seconded by Supervisor Shore. Motion carried.
Respectively submitted and approved on August 13, 2007.
Tammi Walter
Town of Maine Clerk
Last modified: 03/22/07.
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