Following a lengthy conversation and debate, Grand Marais city councilors voted April 8 to approve a resolution of support backing local farmers.
The issue was prompted by Greg Gentz, who appeared before council March 25 to ask for a letter of support on behalf of Lake View Natural Dairy, which is embroiled in litigation with the state regulatory agency over the dairy’s constitutional right to stay open and sell raw milk without being subjected to inspections the state says are mandatory.
Mayor Jay Arrowsmith DeCoux began the conversation by asking Gentz, “Of what use is this letter?” in reference to the draft letter Gentz submitted to councilors for their approval. Gentz said one of the attorneys involved in the case would have to ask the judge to introduce the document into the record, and in so doing it would lend more credence to the dairy’s argument. The letter states, in part, “We believe Article 13, section 7 protects Lake View Natural Dairy (LVND) from governmental intrusions, when LVND is privately associating with private men and women to sell and peddle the products of their farm at their farm location. Furthermore, we support the consumer’s right… to privately associate with other private farmers or gardeners in a private relationship to purchase these products of the farm or garden.”
While council as a whole expressed support for the Maple Hill dairy, there was some concern about the propriety of sending such a letter.
Councilor Tracy Benson said she doesn’t believe council is qualified to write a letter of support for a private business and she’d much rather write to the city’s legislators to pursue changes in the law, which has been on the books since 1906.
Councilor Tim Kennedy said he has been struggling with the request, but in the end he’s not sure it’s a city issue (the dairy is not within the city limits), and “I’m not sure why the city would offer a letter of support…. agriculture is not allowed in the city, and this is outside of our purview.”
“I understand the principle of it and support the ideas, but I don’t like the idea of singling out Lake View Dairy,” commented Councilor Anton Moody, adding that he’d be willing to support such a letter only if it were more generalized.
On the other side of the coin, Councilor David Mills urged his colleagues to sign off on the letter. “I don’t see the harm in supporting them – in general or specifically. I do see a pretty big harm with the community losing this dairy…. good luck finding raw milk,” Mills said. “I think we should do whatever we can to help our community.”
Asked for his input, City Attorney Chris Hood advised against approval of the letter as submitted. Hood said such action “causes me pause” to get involved in individual litigative matters and asked, “Where do we draw the line? Is this really something city government should be involved in?” Hood said he’d have less concern if the city’s involvement was in the form of seeking a change or revision of legislation, as Councilor Benson suggested. Barring that, Hood said he would feel more comfortable if the city’s input was offered in a “much more general statement.”
But as a letter of support for a private business, Hood said he’s never seen such a thing. “It’s unprecedented in my 22 years of doing this,” he said, asking what would happen the next time a person with a dispute with the state asks the city for similar support. “It’s not so much the risk, as the precedent,” he said.
At council’s request, Hood drafted a resolution of support which removed any reference to Lake View Dairy and reads in part: “The city further supports the consumers’ right to associate with such private farmers or gardeners in a private relationship to purchase products of the farm or garden… The city supports the right of private farmers and gardeners to sell products produced on their farm or in their garden, including dairy products, raw or otherwise, which meet safety measures applicable to such products to ensure the safety of such products sold for consumption by local citizens.”
The revised resolution was presented later in the meeting and passed by a 4-1 vote, with Benson casting the lone vote against. Kennedy said he was satisfied with the revised and more generalized language and thus could support the action. “A ‘no’ vote should not be interpreted as non-support,” Benson said.
In other city news
. At the request of Fire Chief Ben Silence, two firefighters were hired and added to the department: Jim Wallner and Corey Pederson. Silence explained that council approved the hiring of five additional members last year, and these are the final two of that group. Silence said there are now 21 members of the fire department, which has a maximum roster of 30. “We’re always looking for more,” the chief said, adding that three of the firefighters are eligible to retire “at any time.”
. A motion was passed to apply to the state Department of Employment and Economic Development (DEED) for a $175,000 grant to be used toward infrastructure improvement costs associated with renovations at the North Shore Hospital. The IRRRB will consider awarding an additional $175,000 if and when the DEED funds are awarded.
. Lee Bergstrom of the Cook County Tennis Association came before council to request $20,000 to go toward the total cost of $145,000 needed to resurface two courts at the high school. Due mostly to council’s lack of familiarity with the discretionary “Council Priorities Fund” and a solid plan and timeline for the project, Bergstrom was asked to come back to a future meeting to discuss the request further. In the meantime, Bergstrom said she and the Tennis Association board would continue to seek additional grants and approach the county board – which owns the courts – with a similar request for assistance.
. At the request of Library Director Steve Harsin, two part-time clerks were hired: Hartley Newell-Acero and Amanda Nagle. The additions are necessary to maintain staffing levels due to recent changes in job descriptions and to accommodate other employees who have expressed a desire to reduce their hours. The changes will not affect the library’s budget.
. Preliminary plans to renovate City Hall and incorporate public restrooms into a now-vacant space were discussed, with no decision being made. A more in-depth discussion will be held at a future meeting which will include long-term plans for the building, demand and need for toilets, and most importantly, cost of the undertaking.
. At the request of Mayor Arrowsmith DeCoux, a motion was passed to apply for a GreenCorps volunteer through the Minnesota Pollution Control Agency who would work on a wide array of projects for 11 months. Some of the possible projects could be Dark Skies, GreenSteps, city hall efficiency, district heating, the mayor said.
. Councilor and park board member Mills said the board is still reviewing rates and possible upgrades for the campground, and reported that the harsh winter had a devastating effect on the city’s golf course. Mills also suggested that the city look into purchasing a small parcel of vacant land adjacent to the Sven & Ole’s property on Broadway for use as a city park or rest area.
. A street use permit was issued to Visit Cook County allowing the Classic Car Show to be held June 6 from 11 a.m. to 3 p.m. on Wisconsin Street.
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