Supervisors approve closing of Dalby rural dump site, consideration of others to follow

by Bob Beach

The Allamakee County Board of Supervisors met with Allamakee County Waste Management Director Dave Mooney at its Monday, April 11 regular session to discuss ongoing problems at the Dalby dump site near Waterville. There are currently five rural dump sites in the county intended for use by rural residents for disposal of household waste, but Mooney said all of the sites are being abused.
In addition to being used for the illegal disposal of construction waste and appliances, the Dalby site has also fallen victim to vandalism and arson in the past. Mooney added that Allamakee County is the only county in the state with sites where dumping is allowed 24 hours a day, seven days a week. “If you leave it open dumping, like we have now, you’re going to have problems,” Mooney said.
Mooney told the Board that the County’s contract with Waste Management, Inc. for emptying of the dumpsters at the rural sites will be up for renewal this fall. He suggested closing all of the rural sites at that time and either contracting for a garbage and recycling truck to sit for four hours one day a week at each site, or opening a second recycling center.
Supervisor Larry Schellhammer said that the county-wide problem of the rural dump sites should be addressed at the end of the current contract, but suggested more immediate action with regard to the Dalby site. Schellhammer moved to close the Dalby site as soon as possible, to arrange for four hours of manned service weekly at the Secondary Roads shop facility near Waterville, and to expand the open hours at the Rural Recycling Center to include either Saturday or evening hours of operation. The Board passed the motion unanimously and Mooney said that everything should be in place in a couple weeks.
The Board also met with attorney Jim Garrett, representing Stillwell Island, LLC, Tom and Karen Place and Leanna Place, all owners of property on Stilwell Island in Harpers Ferry. Garrett asked the Board to reverse its decision to approve a settlement agreement with Melwood, LLC regarding alleged violation of zoning setback requirements on a house built in 2001. Garrett said that his clients are “the real victims” in the case, explaining that when it comes to setback requirements, even a few feet can make a big difference.
Garrett said that a judge had approved his clients' “intervention” in the case, joining the County in its civil case against Melwood, and that he had also filed a motion to strike the County’s motion to dismiss the case following the Board’s approval of a settlement agreement. He asked the Board to “direct the County Attorney to pursue the case and vigorously prosecute the zoning violations or appoint someone who will.”
County Attorney Jill Kistler said that the County’s position is that Melwood is in compliance with the zoning ordinance that was in effect at the time the house in question was built, and that the Board was given full information, including the opinions and objections of neighbors. With regard to the intervention in the case, Kistler said a judge would ultimately decide.
Chairman Cloy Kuhse said that the Board had “inherited” this problem, and that “we only have the information given to us.” He added that there are differences of opinion as to the location of the property lines in question. Supervisor Schellhammer agreed, saying that, according to the legal advice the Board has received, the settlement agreement will bring the property in question into conformity with the ordinance that was in effect at the time the house was built. Supervisor Sherry Hartong noted that with the “intervention” Garrett’s clients would get their day in court. The Board directed Zoning Administrator Tom Blake to review the case and the ordinance that was in effect at the time and report back next week.
In other business, the Board approved a resolution to prohibit the carrying of weapons or firearms at Makee Manor, except by those with professional permits (law enforcement). The Board also approved the first reading of the proposed flood plain ordinance, which would make the County eligible to join the National Flood Insurance Program. Since there were no public comments, the Board will likely waive further readings and pass the ordinance at its regular meeting next week.