July 23, 2014 at 2:10 p.m.
Noble residents upset over CFO (05/01/06)
Jay County Commissioners
By By MARY ANN LEWIS-
A proposed confined hog feeding operation in eastern Noble Township has residents there rallying to what they say is the defense of their properties and their lives.
About 16 residents in that eastern Jay County township appeared before Jay County Commissioners this morning seeking their help in putting the brakes on the number of operations being built in Jay County.
Beth LeMaster, who with her husband, Jeff, farm along county road 800 East, said their land adjoins the proposed site of the CFO on county road 50 North. She read a prepared statement to Commissioners Milo Miller Jr., Gary Theurer, and Faron Parr.
“I’m here today because I have recently discovered that once again this commission’s previous decision on zoning for confined feeding operations lacks consideration for the rural homeowners and the needs for the outlying residential communities,” LeMaster began.
“The event that has caused my ... fear is, recently I was informed that less than one-half mile from my home ... the current zoning laws has allowed for the construction and operations of a CFO without even the consideration or the notification of the adjacent homeowners,” she continued.
Commissioners’ attorney Brad Burkett explained loopholes have been used by such operators, that require only the owners of the adjacent properties be notified.
“A farmer has a field and an operator will buy a few acres in the middle of that field, and the only person they have to notify is that farmer,” Burkett explained about one of those loopholes.
Others speaking to commissioners explained that the land was formerly owned by Joe Schwieterman, who in turn sold 9 acres in the center of a field to a family member, Joe Grubbe.
LeMaster explained the operation will be operated by an Ohio company.
“I’m here for the whole community,” she said about Noble Township neighbors.
“There are a lot of us who will suffer.”
Judy LeMaster, the mother of Jeff LeMaster, and also a member of the Jay County Council, also expressed concern at the number of CFO operations in Jay County.
“The (Jay County) zoning office does not track CFOs even though they issue permits,” Judy LeMaster told commissioners, “the Indiana Department of Environmental Management was able to give me a list of these operations. There are 82 owners of CFOs in Jay County.”
“It is time for Jay County to take control of our own and set a limit on CFOs,” she continued. “... as a member of the county council, I will think long and hard before I vote for tax abatement on a new CFO ...”
Most residents expressed concern about the danger of water pollution, the smell and the over burdening of the land with manure.
But coming up with a solution to the problem is not easy.
Miller cautioned that the county does not have the ability to tell farmers what to put on their land, nor to regulate business coming into the county from out of state.
“I don’t object to farmers raising animals, but this is near us and those who own it don’t live anywhere near us,” one resident said.
“But how are we going to set limits,” Theurer asked. “We don’t want to discriminate. What’s fair to the farmer and to the citizen? When you own something you should be able to do what you want.”
“But doesn’t that infringe on our freedom?” Judy LeMaster asked.
Yet another asked, “But what about our rights? What about that?”
“I don’t know what the answer is,” Miller told the group. “We’re here to work for you people, but ... we’ve been through this before.”
Concerns were also expressed about the continued expansion of such operations in the county.
Miller suggest the landowners come up with the suggestions and bring them back to commissioners for consideration.
“There is a possibility the state could take this out of our hands,” Burkett advised. “The state is coming down on these issues.”
But he explained again that as long as developers follow the regulation of the Indiana Department of Environmental Management, there is nothing that can be done to prevent this particular project.
“It might be worth it to sue,” Burkett advised. “You can sue them. It’s been done successfully in Jay County.”
He explained that a lawsuit would stop the construction until a different location is found.
“The farmer doesn’t want the thing to drag out, so he decides to move the operation,” he said, adding a suit could be filed citing a private nuisance.
Again Miller encouraged the residents to come up with some suggestions.
“It’s a place to start,” Beth LeMaster said.[[In-content Ad]]
About 16 residents in that eastern Jay County township appeared before Jay County Commissioners this morning seeking their help in putting the brakes on the number of operations being built in Jay County.
Beth LeMaster, who with her husband, Jeff, farm along county road 800 East, said their land adjoins the proposed site of the CFO on county road 50 North. She read a prepared statement to Commissioners Milo Miller Jr., Gary Theurer, and Faron Parr.
“I’m here today because I have recently discovered that once again this commission’s previous decision on zoning for confined feeding operations lacks consideration for the rural homeowners and the needs for the outlying residential communities,” LeMaster began.
“The event that has caused my ... fear is, recently I was informed that less than one-half mile from my home ... the current zoning laws has allowed for the construction and operations of a CFO without even the consideration or the notification of the adjacent homeowners,” she continued.
Commissioners’ attorney Brad Burkett explained loopholes have been used by such operators, that require only the owners of the adjacent properties be notified.
“A farmer has a field and an operator will buy a few acres in the middle of that field, and the only person they have to notify is that farmer,” Burkett explained about one of those loopholes.
Others speaking to commissioners explained that the land was formerly owned by Joe Schwieterman, who in turn sold 9 acres in the center of a field to a family member, Joe Grubbe.
LeMaster explained the operation will be operated by an Ohio company.
“I’m here for the whole community,” she said about Noble Township neighbors.
“There are a lot of us who will suffer.”
Judy LeMaster, the mother of Jeff LeMaster, and also a member of the Jay County Council, also expressed concern at the number of CFO operations in Jay County.
“The (Jay County) zoning office does not track CFOs even though they issue permits,” Judy LeMaster told commissioners, “the Indiana Department of Environmental Management was able to give me a list of these operations. There are 82 owners of CFOs in Jay County.”
“It is time for Jay County to take control of our own and set a limit on CFOs,” she continued. “... as a member of the county council, I will think long and hard before I vote for tax abatement on a new CFO ...”
Most residents expressed concern about the danger of water pollution, the smell and the over burdening of the land with manure.
But coming up with a solution to the problem is not easy.
Miller cautioned that the county does not have the ability to tell farmers what to put on their land, nor to regulate business coming into the county from out of state.
“I don’t object to farmers raising animals, but this is near us and those who own it don’t live anywhere near us,” one resident said.
“But how are we going to set limits,” Theurer asked. “We don’t want to discriminate. What’s fair to the farmer and to the citizen? When you own something you should be able to do what you want.”
“But doesn’t that infringe on our freedom?” Judy LeMaster asked.
Yet another asked, “But what about our rights? What about that?”
“I don’t know what the answer is,” Miller told the group. “We’re here to work for you people, but ... we’ve been through this before.”
Concerns were also expressed about the continued expansion of such operations in the county.
Miller suggest the landowners come up with the suggestions and bring them back to commissioners for consideration.
“There is a possibility the state could take this out of our hands,” Burkett advised. “The state is coming down on these issues.”
But he explained again that as long as developers follow the regulation of the Indiana Department of Environmental Management, there is nothing that can be done to prevent this particular project.
“It might be worth it to sue,” Burkett advised. “You can sue them. It’s been done successfully in Jay County.”
He explained that a lawsuit would stop the construction until a different location is found.
“The farmer doesn’t want the thing to drag out, so he decides to move the operation,” he said, adding a suit could be filed citing a private nuisance.
Again Miller encouraged the residents to come up with some suggestions.
“It’s a place to start,” Beth LeMaster said.[[In-content Ad]]
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