Supervisors approve ATV ordinance on split vote

by Joe Moses

The Allamakee County Board of Supervisors met in regular session Monday, May 9 with a full agenda of items including the third reading of the ATV/UTV trail ordinance, an agreement involving the funding for the Green Valley Road bridge and discussion of lighting for the Veterans monument. The board room was at capacity once again with a large crowd in attendance for the ATV ordinance, most of whom applauded when the final reading of the ordinance was approved and the ordinance passed by a split vote of the three Board of Supervisors members.

The meeting opened with public comments. Allamakee County Auditor Denise Beyer first addressed the Board and those in attendance with an update on changes involved in obtaining passports. She explained that payment is now required in the form of a check or money order due to changing regulations with the National Passport Agency, but the $25 processing fee to the Auditor's office can still be paid in cash. This change has been posted at the Auditor's office and on the County website.

Kim Kregel of Waukon expressed her support of the ATV ordinance, suggesting that the Board needs to pass the ordinance at today's meeting, as the ATV club has done everything that it has been asked to do. Richard Seibert of Waukon expressed that the ATV ordinance will help Allamakee County and will be another way to show off the beauty of the local area. He said there are many positives to the passing of such an ordinance, and that with the closure of an important business in this county, growth through such an ordinance is encouraged.

MEMORIAL LIGHTING
Maury Gallagher from the Allamakee County Veterans Memorial Committee addressed the first regular business agenda item involving the discussion of the Veterans monument lighting on the courthouse lawn. He advised that currently there are no plans to make changes to the Civil War monument lighting, as initially discussed. The Allamakee County Veterans Memorial Committee has taken bids for the repair and replacement of lighting for the Veterans monument and will be funding that project. Gallagher stated that the Civil War monument lighting is newer and when there is a problem with it, the Committee will likely take care of the funding for that project but will contact the Board of Supervisors if and when help is needed.

ATV ORDINANCE
The third reading of the ordinance involving ATV use on secondary roads was the next item up for discussion. Allamakee County Recorder Deb Winke provided information about the licensing process for ATVs, explaining that $17.75 is required to register an ATV annually, with $1.25 of that amount staying in the County and the remainder going to the State. Winke also explained that it costs $11.50 to title an ATV when initially purchased.

Board of Supervisors Chairman Larry Schellhammer mentioned that if the ordinance passes, when area residents have an opportunity to talk to local legislators they should remind them that although a majority of those ATV fees go to the State, little response or participation is received from the Iowa Department of Natural Resources (DNR), and these vehicles are not allowed to be ridden on State-owned land.

Allamakee County Sheriff Clark Mellick expressed his concerns from an enforcement standpoint, explaining that he will monitor the increased need for enforcement the first year under the new ordinance. Mellick said the DNR is not replacing the retiring area conservation officer, which will increase the County's need for more staffing, and that this ordinance will likely result in a need for more deputies and seasonal help out on the trail system.

Winke mentioned that in Webster County each ATV is required to have a $10 plate, while Crawford County requires a $25 sticker annually. Mellick expressed that it would be great to be able to identify each machine out on the road using a license plate, as stickers can be difficult to read on an ATV in motion. He also advised that there may be a need for a temporary plate for ATVs traveling into Allamakee County from another county or state. This may be something that needs to be added to the ordinance in the future.
Supervisor Dennis Koenig addressed questions regarding ATV trail signage. He said he recently spoke with Allamakee County Attorney Jill Kistler on the matter and the feeling is that there is plenty of language in the ordinance regarding signage. Schellhammer expressed that he does have reservations about the ordinance, but it is something where "we will learn as we go."

Supervisor Dan Byrnes expressed concerns that he has with the ordinance, saying that there are some loose ends and the ordinance needs some work even though there is support from the public and County officials. He also said he feels there needs to be analysis of traffic and road conditions, and he raised concerns in passing an ordinance that decreases safety.

When approval of the third reading was brought up for a vote, that third reading, and subsequently the ordinance, received approval by a split vote, with Koenig and Schellhammer each voting in favor and Byrnes voting "no".

Following that approval, Koenig addressed earlier comments regarding safety, stating his belief that most who are using ATVs are responsible people and that the ATV club will help educate young people. Chip Lamb of Waukon shared his observation that the DNR is currently at an impasse concerning teaching ATV safety. In his opinion, online course availability has decreased the demand for safety trainers, and that experiential learning has fallen to the wayside with technology. Lamb said he is working to bring back ATV safety trainers to this county.

OTHER BUSINESS
The funding agreement with the Iowa Department of Transportation, the City of Waukon and Allamakee County for the replacement project of the Green Valley Road bridge was approved unanimously by the Board. Allamakee County Engineer Brian Ridenour explained that the project has received $306,400 in State aid for the $383,000 project, constituting 80% of the project cost, with the remaining 20% being evenly split between the County and City of Waukon.

The wage for temporary part-time help in the County Auditor's office during the upcoming election season was discussed by the Board. Auditor Beyer recommended a rate of $10 per hour, which was unanimously approved.

The meeting concluded with departmental updates and further discussion of the ATV ordinance. Engineer Ridenour discussed signage relating to ATVs, stating that with the ordinance going into effect soon, there will not be time to have signage in place.

Mellick advised the Board that warnings will be issued initially rather than citations for incidents where an ATV is within a State Park. He said that proof of insurance will be required and that there will be a zero-tolerance policy regarding alcohol. Sheriff Mellick further advised that the County Sheriff's office currently has a side-by-side vehicle and an ATV for search and rescue, but there is only room for one rider on the ATV. Mellick has looked into trading in the ATV for a second side-by-side to better handle rescues or transporting people when necessary.

Auditor Beyer mentioned that absentee ballots for the upcoming primary election are starting to come in. Mellick also stated that concrete footings for the Public Safety Center are being poured.