LFSRB Sets April 4 Conference Call, Next Meeting on April 18 Agri-View: Capitol News

The March 7 meeting of the Livestock Facility Siting Review Board (LFSRB) was via teleconference with all seven members of the board participating in the call that originated at the Department of Agriculture, Trade and Consumer Protection (DATCP) in Madison.

Cheryl Daniels, DATCP staff attorney, presented an update for board members on the Larson Acres, Inc. v. Town of Magnolia case. “All parties agreed to consolidate all the different motions that have been filed in Rock County Circuit Court,” she said.

While the Rock County Judge did not yet set a briefing schedule, Daniels said the judge “did say he was a witness to parties sniping at each other n quite a bit. He sent a letter to the parties admonishing them to keep everything civil.”

Daniels thought the briefing schedule “would be for May or June.”

When LRSRB Member Andy Johnson asked Daniels if there was “any driving time line (for the briefing schedule,” she noted “judges do have to report to chief judges every six months as to the status of cases. But the judge probably has a pretty large civil docket as well as administrative cases,” she added.

“In one sense the matter is continuing,” Daniels continued. “The permit has been given and the town is monitoring. In one way it is going along as the law requires.”

“What I don’t understand,” board member Bob Selk interjected, “is why the petitioners aren’t pushing this along.”

“I don’t either,” was Daniels’ reply.

Crawford County

In an update in the Ronald S. Stadler v. Crawford County case, Daniels said there has been a request for review. “Crawford County responded first (with two small binders of materials plus a number of maps,” Daniels said.

Russ Hagen, the county conservationist is getting the other portion of the record together that Hagen described “could be hundreds of pages, maybe thousands,” Daniels told the board.

“The basic issue (in this case) is whether or not the county applied the 590 Standard and ATCP 51 in making its decision,” Daniels said.

LFSRB Chair Jim Holte noted “the contention is around the nutrient management plan.” Daniels agreed, adding “that is the biggest question n and whether or not it is adequate.”

Speaking to the DATCP’s Mike Murray, who works with the LFSRB, Daniels said, “we gave assistance to the farmer, the nutrient management planner and to the county.”

Murray added, “the 590 can be pretty complex and if the board wants assistance from the DATCP, we’re willing to give additional help.”

But, as Holte pointed out that help is important, “but (it is) in the sense of what the Nutrient Management Plan is required to contain. We don’t want to put the DATCP in the position of being the decision-maker here.”

Selk noted, “it is good we have technical advice available if we need it and I’m grateful it’s been offered n but we first need to look at the record and then see if the advice is needed. That advice can’t be on issues the board is to decide n but more on the technical part.

“We need to be concerned that we are not accused of introducing new information/evidence into the record. We need to be careful not to get new information introduced that is not in the record,” he added.

Daniels said all position statements are due on March 14 and any possible reply statements are due March 28. “Hopefully in three weeks you’ll have everything you will need for the April 18 meeting,” she said.

The board decided it would need to have another conference call on April 4 to see if additional materials are needed.

Selk was asked if the fact he was recommended to the board by Midwest Environmental Advocates could be a conflict of interest because the organization is listed on some of the materials.

Selk’s response was that it was “appropriate to bring it up. It’s been at least two years since I’ve had any contact with any MEA member and never on any matter related to LFSEB. I’m not a member or affiliated with them in any way. I don’t even know the current staff. I don’t see a conflict myself, but if it’s a concern, it should be discussed and it’s good to bring it up.”

Holte responded by mentioning “each of us as board members do represent parts of the whole state of Wisconsin. We were all probably chosen so we could address the issues with an open mind.”

“If something happens that I feel I can’t be open minded about, I’ll inform the board and recuse myself,” Selk assured his fellow board members.

The board also:

- Heard a report from Mike Murray on annual siting report he is preparing to be presented to the DATCP Board in May.

- Learned that Board Member Lee Engelbrecht, Manitowoc County Supervisor, Town of Two Creeks and vice president of the Wisconsin Towns Association, had been reappointed to the LFSRB for a term ending on May 1, 2010.

- Agreed to hold a conference call at 11 a.m. on April 4.

- Agreed to meet on at DATCP headquarters on April 18 for what could be a fairly long meeting. Daniels said the Crawford County case would be the major item on the agenda for the April 18 meeting.