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VOLUME XVI, NO. 12 |
TEXAS DAIRY REVIEW |
DECEMBER 2007 |
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Tables Turn… Woman ordered to pay $60,000 to dairy TAHC delays enforcement rule for in-state dairy cattle to Mar. 31 Frisian Celebrations hosts grand opening Aggie is new TCEQ commissioner |
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Tables Turn… Woman ordered to pay $60,000 to dairy |
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The gavel dropped and the courtroom scene was over. Frank Volleman of Wildcat Dairy in Comanche County walked away as the happy and proud celebrated winner of a lawsuit filed more than two years ago by his absentee neighbor, Cynda Guinn, who is now the well-deserving loser. In what appears to be a welcomed twist of fate for the dairy industry as a whole, Guinn was ordered by the jury to pay $60,000 in attorney fees to Wildcat Dairy with post judgment interest at the rate of 7.75% per year annum from the date of judgment until paid.
‘‘I didn’t want to go to court with Mrs. Guinn but she wouldn’t have it any other way,’’ Volleman said. ‘‘I just hope that people will think twice before attacking the dairy industry when they have no standing,’’ he said. A resident of McLennan County at the time the lawsuit was filed, Guinn’s family has owned the Patton Ranch property, adjacent to Wildcat Dairy, for a number of years. Guinn claimed she had ‘‘tremendous sentimental regard’’ for her property that was bequeathed to her by her parents. The ongoing battle that escalated between Guinn and Volleman began when he built the dairy in 1993. Guinn evicted Volleman from leased property claiming he abused the property and breached lease terms. From 1999 through 2000, she participated with other neighbors, of whom some were under the advisement of environmental attorney Stewart Henry, in protests against Volleman’s TCEQ permit application to expand his dairy herd from 990 head to 4,000 head. The state approved the expansion that included two new free stall barns and one new waste lagoon and proposed relocation of County Road 252. Volleman said some of those same neighbors who had protested came to him later and apologized, saying they had been mislead by wrong information from their attorney. But, Guinn was not among those who had had a change of heart. Guinn continued her fight against Volleman, filing a lawsuit in 2004, that cited several complaints against the dairy and its operator. Guinn had become increasingly angered when Volleman secured an agreement with Comanche County commissioners to elevate and pave a portion of County Road 252 to allow his trucks access to his free stall barns and the dairy facility. She claimed approval for relocation of this road was accomplished in an incorrect manner and that the concrete slabs for the free stall barns were purposefully situated to block her sole access to that portion of her property which subsequently disabled her from leasing the property to future potential leaseholders. She claimed the free stall barns were purposefully situated so that waste, manure and debris from the barns ran onto her property which she regarded in the suit as ‘‘trespassing.’’ She claimed the waste onto her property left it damaged and in an undesirable state, unfit for use. She claimed all these acts were ultimately carried out by Volleman with purposeful and malicious intent in retaliation for his being evicted by her years ago. ‘‘Those claims were all lies,’’ Volleman said. ‘‘Adjustments could have been made and there were other entrances onto her property. We went through lots of mediation but nothing satisfied her. So we went to court.’’ During the trial, Butler said witnesses who testified, such as environmental engineer, Norm Mullin of EnviroAg Engineering in Amarillo, educated the jury on the workings of a dairy operation, structures, pollution prevention plans, and state and federal requirements. Mullin testified the free stall barns were specifically built to angle away from Guinn’s property.
Volleman said the past eight years he’s been battling with Guinn has created a tremendous amount of anxiety and stress for him and his family. ‘‘The last three months before the trial were extremely intense,’’ he said. ‘‘It took lots of time away from family and business matters. But, when it was over, we had a very quiet family celebration.’’ Volleman said Guinn had threatened him in the beginning that she may not be able to stop him, but that she could certainly "delay him." Her delay tactics run parallel with the situation that neighboring Bosque River dairies have experienced for the past few years with the City of Waco and other environmental activists. Volleman said Guinn has very strong ties with Waco and is a self-pronounced friend of ex-mayor Linda Etheridge, who wreaked havoc on the Bosque River dairy industry during her mayoral tenure. Etheridge was the driving force behind several lawsuits filed by the City of Waco against Bosque River dairies a few years ago. These dairies are still suffering the effects of a delayed permitting process caused by the City of Waco and Sierra Club even though new state and federal rules went into effect in 2004. ‘‘Winning this case should be a victory for all dairies, even though my dairy is in the Leon River watershed instead of the Bosque,’’ Volleman said. ‘‘I feel that sooner or later, Bosque River dairies will be issued their permits because the majority of the complaints filed have no standing. I think there is a light at the end of the tunnel and that the state will have to realize that in order for dairymen to be more environmentally conscious, they have to issue these permits. "Dairymen are true environmentalist. We are the ones taking care of the land and it’s our constitutional right to be able to do business, even if it means under stricter environmental conditions.’’ Volleman said he is very protective of his land and his family. ‘‘I wouldn’t dream of polluting the very water my own family is drinking or anyone else’s.’’ Volleman is a native of Luxembourg, a small European country located between Belgium, Germany, and France. He came to Texas to take advantage of business opportunities and to secure a future for his family. He and his wife, Annette, work together on the dairy along with their four sons, Benjamin, 18, David, 17, Andrew, 12, and Daniel, 11. ‘‘I want to thank the jury and my lawyers for all their hard work in getting to the truth of the matter,’’ Volleman said. |
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TAHC delays enforcement rule for in-state dairy cattle to Mar. 31 |
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Dairymen are getting a much-needed break that will allow them more time to prepare for new Texas Animal Health Commission (TAHC) rules originally scheduled to be enforced in January, 2008. The TAHC recently announced delayed enforcement through Mar. 31, 2008 for new in-state movement requirements for Texas dairy breed cattle. The cattle tuberculosis regulation, adopted in September by commissioners for the Texas Animal Health Commission (TAHC), requires Texas dairy cattle to be identified prior to movement within the state. Because they are managed in close confinement, dairy animals can be at a greater risk for disease exposure if an infected animal is in the herd. ‘‘The delayed implementation of the in-state movement regulation for Texas dairy breed cattle will provide owners adequate time to select and acquire their identification tags,’’ said Dr. Dee Ellis, assistant state veterinarian. Through March 31, the TAHC will encourage voluntary compliance. Texas dairy cattle, regardless of age or sex, are to be identified prior to in-state movement, and owners should keep a record of the cattle they identify. The tags should remain on the animal for life. ‘‘Texas regained cattle tuberculosis (TB)-free status in 2006, and we need every tool available to assist in tracing disease, if it is introduced into the state,’’ Ellis said. ‘‘Months of work can be expended tracing the movement of cattle infected or exposed to TB. Even knowing that the animal originated in Texas can assist epidemiologists in the search for the origin and spread of disease.’’ Ellis noted that cattle TB has been detected recently in two New Mexico dairies, a beef herd in Oklahoma, and in a rodeo bull herd in Colorado. Furthermore, eight infected herds have been found in Minnesota, and Michigan has had a long-standing battle against the disease in cattle and free-ranging deer. He stressed that new sections of Texas’ TB regulations applicable to cattle entering the state went into effect October 13. Ellis said a several types of identification are acceptable for Texas dairy breed cattle: • USDA alphanumeric test tags (USDA silver ear tags) • USDA alphanumeric brucellosis calfhood vaccination tags (USDA orange ear tags) • Dairy Herd Improvement Association (DHIA) tags • Official breed registry tattoos or firebrand • USDA approved Animal Identification Number (AIN) tags for official identification of individual animals. Three forms of official AIN tags, differentiated by the first three digits of the fifteen digit number, are available: * Manufacturer code ‘‘900’’ series RFID tags, available from many feed or supply stores * USA prefix RFID tags * Country code ‘‘840’’ series RFID tags. (Producers who use the ‘‘840’’ series must have their premises registered.) • A commercially produced cattle-style clip, flap or button tag that identifies the dairy or owner and includes a unique animal number in the herd. • The TAHC also is considering approval for other types of identification. Ellis said TAHC regulations already are in effect to reduce the risk for introducing cattle TB into the state. All dairy breed cattle must be identified prior to entering the state. Sexually intact dairy cattle older than two months of age must have a negative TB test within 60 days prior to entering Texas. These animals also must be accompanied by a certificate of veterinary inspection. Sexually intact dairy cattle younger than two months of age entering the state must have a Texas entry permit and a certificate of veterinary inspection. The animals must go to a premises to be held until they are tested negative for TB at the age of two months. Dairy cattle entering Texas are exempt from the TB test requirement only if they are transported directly to slaughter or to an approved feedlot, then slaughter. These animals must be identified, and have a Texas entry permit and a certificate of veterinary inspection. Mexican-origin (‘‘M’’-branded) steers recognized as potential rodeo and/or roping stock, and entering Texas from other states must have had a negative TB test within the previous 12 months. These animals also must be accompanied by a certificate of veterinary inspection, issued within the previous 30 days. |
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Frisian Celebrations hosts grand opening |
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When Wilma De Boer of Hico started a small project out of necessity for her own use, she didn’t dream it would develop into something much bigger and better. On Nov. 1, plenty of local friends and visitors showed up for the grand opening of Frisia Celebrations, an innovative equine and family center, created by De Boer from an imaginary spark that soon ignited into a fullblown entertainment complex that is still growing. Wilma and her four daughters, Anneke, 22, Grytsje, 21, Tineke 18, and Hilde, 16, were on hand to greet guests and take care of business for the opening celebration. Wilma had initially built an enclosed arena in October 2006 to train and board her Arabian horses that she’s been breeding, training, showing and marketing since 1998. But, when daughter Grytsje decided to get married, Wilma began to visualize the arena and its grounds as the perfect place for a wedding. The idea grew into a panache of concrete, greenery, lots of hard work and planning. Wilma's work was cut out for her as she focused on wedding plans and the numerous tasks that surround such a celebration. She added concrete walkways and slabs, landscaping, a pond, gazebo, and a party room that would facilitate many guests. It wasn’t long until the arena began to take on shape as a family entertainment center as well as an equine facility. In the past year, Wilma has steadily added to the arena complex, keeping the needs of horse breeders as well as families in mind. The facility is equipped with horse stalls for boarding which includes the use of the riding arena and roundpen and itemized as individual costs for each activity. Besides equine events, the center is available for parties, weddings, banquets, family reunions and many other activities. Located in a natural environment about seven miles from Stephenville, the facility seats 500 people and has a large bar area, equipped with chairs and stools, refrigerators, a freezer, dance floor, stage, sound system, electricity, and decorative lights. The next step is to build a fully equipped office that offers high speed internet. In the future, Wilma hopes to build a petting zoo for children. The landscaped grounds offer six RV hookups with showers, restrooms, and a laundry room to accommodate those who want to bring their RVs when they bring their horses to the arena. Because Wilma feels it is vitally important that children are welcome, she has added a playground, sand volleyball court, and a place for playing the Texas tradition ‘‘washers’’ game. Buggy rides, Texas longhorn rides and photos are offered also. She said children especially enjoy the huge outdoor complex and love to take a ride in the yellow wheelbarrow to feed the chickens or other animals. ‘‘There’s a real need in this area for a facility this size for families and businesses to hold banquets and other events. People are always looking for a place to have receptions or reunions. So far, people are already calling and booking it for special occasions,’’ Wilma said. Among her varied responsibilities while managing the complex, Wilma also teaches English dressage riding lessons. |
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Aggie is new TCEQ commissioner |
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Dr. Bryan W. Shaw of Bryan, Texas, was appointed to the Texas Commission on Environmental Quality (TCEQ) by Gov. Rick Perry on Nov. 1, 2007. His term will expire on Aug. 31, 2013. Shaw is an associate professor in the Biological and Agricultural Engineering Department of Texas A&M University (TAMU) with many of his courses focused on air pollution engineering. The majority of his research at TAMU concentrates on air pollution, air pollution abatement, dispersion model development and emission factor development. Shaw is associate director of the Center for Agricultural Air Quality Engineering and Science, and formerly served as Acting Lead Scientist for Air Quality and Special Assistant to the Chief of the U.S. Department of Agriculture Natural Resources Conservation Service. Shaw is a member of several committees for the U.S. Environmental Protection Agency (EPA) Science Advisory Board, including the Environmental Engineering Committee, Committee on Integrated Nitrogen, and Ad Hoc Panel for review of EPA’s Risk and Technology Review Assessment Plan. Additionally, he is a member of the U.S. Department of Agriculture, Agricultural Air Quality Task Force. Shaw received a bachelor’s and master’s degree in agricultural engineering from TAMU and a doctorate degree in agricultural engineering from the University of Illinois at Urbana Champaign. |
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Manufacturers make ear tag Ids easier task to perform |
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Dairymen in Texas have realized the importance of identifying their animals for management purposes, for compliance with National Animal Identification System (NAIS), and the new Texas Animal Health Commission (TAHC) regulations to become enforced Mar. 31. Although it may be time consuming, herd checks for small herds can still be done with relative ease. But, for herds with several hundred or a thousand cows, accurately identifying which cow should be checked for pregnancy or needs a shot can be an all-day job. Integrating Radio Frequency ID technology with herd management programs is a relatively new tool in the dairy industry. Not only is it more accurate, but takes less time to gather information. Producers understand that the faster cows can go and lay down, the happier they are and the more milk they produce. In 1954, Dr. Bliss Crandall began Dairy Herd Improvement (DHI) Computing Service from the basement of his home. He pioneered the country’s first computerized system to electronically process dairy herd improvement records. For years, Dairy Herd Improvement Associations (DHIA) conducted monthly herd tests, mailed records to records processing centers to merge it with the herd information, and then mailed reports back to the dairy. Records could be shared electronically to save time. Today, DHI-Provo is one of the largest dairy records processing centers (DRPC) in the world and has developed DHI-Plus that allows producers to run individual cow reports, herd reports and compare their herds with other herds in the county, state and region. Pocket DHI-Plus integrates RFID technology using Allflex EID tags with a handheld computer to automate herd checks. During vet checks or inventory, the information for individual cows is captured and then integrated with the producers’ DHI-Plus herd management system back in the office. Ladd Muirbrook, DHI-Provo Account Executive, said as dairy producers’ needs have changed, DHI-Provo has created user-friendly herd management tools. ‘‘RFID identification systems matched with herd management programs is one of the best tools to come along in several years,’’ Muirbrook said. ‘‘The challenge is to find ways to maximize the technology to drive costs down and maximize the producer’s investment.’’ Veterinarians Connor Jameson and Steve Eicker realized that routine tasks like vet checks were becoming more difficult to manage with paper and pencil. Dairies needed new tools. As a result, these two vets founded Valley Agricultural Software (VAS) in Tulare, California and developed a herd management system called DairyCOMP 305, launched in 1983. VAS’s most recent introduction is the Pocket Cow Card system. The system includes a handheld computer with software to use with an Allflex HDX EID tag and handheld reader for herd checks and taking cow inventory. It fully integrates with DairyCOMP 305. William Avila, VAS Dairy Management Department Manager, explained the reason that VAS has been successful is because it begins with understanding the dairy’s needs and then adapts the technology to fit. ‘‘We tell our clients, if you have ‘cow sense,’ can read and can push a button with your finger, that’s all you need to use this system effectively,’’ Avila said. ‘‘For larger dairies that need more sophisticated management systems, these tools pay for themselves in time savings and fewer errors.’’ |
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Permit renewals crawling along |
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Although Texas Commission on Environmental Quality (TCEQ) renewal permits are literally beginning to move at a snail’s pace, two more renewals have recently been issued for Bosque River dairies. According to TCEQ records, most recently, Steve Vandenberg Dairy in Erath County and Los Amigos Dairy near Hico have been issued permit renewals. Vandenberg Dairy, located east of Hwy. 219 and south of Huckabay, is permitted for 990 head. Los Amigos Dairy, located on Hwy. 281, west of Hico, is permitted for 999 head. Triple Dutch Dairy, owned by Paul Van Leeuwen and operated by Pete and Deborah Oldengarm were issued their permit last month. AmeriCalf, a calf operation, owned by Ervin Coblentz of Stephenville, has an operating permit for 2500 head. Hidden View Dairy, an expansion application from 2,000 head to 3,000, head is currently in review by the State Office of Administrative Hearings on pending issues. Jack Parks Dairy case will convene on Dec. 19 in Austin before TCEQ commissioners. Parks had received a postponement on his particular issues until the upcoming date. |
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