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Cass County Supervisors continue discussion on ATV/UTV use on County roads

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January 31st, 2018 by Ric Hanson

The Cass County Board of Supervisors, this (Wednesday) morning, held the second of three scheduled public hearings on an Ordinance pertaining to the operation of All-terrain and Utility-terrain vehicles on county roads and trails. And, the Board approved a tweaked version of the Ordinance, based on discussion held during the first reading held January 24th, and those held today. They agreed to strike from the current version of the proposed ordinance, “If so equipped.” with regard to safety equipment, and wrote to include headlight, taillight, and a rear-view mirror. They also removed a part pertaining to a requirement for safety flags. Left unchanged for now, is the requirement ATV’s and UTV’s be operated by 16-to 18-year olds, only with the proper certification. The use of turn signals for ATV’s was not included in the ordinance, despite lengthy discussion about the added safety feature.

And, the Board removed a 35-mile per hour speed limit for ATV’s and UTV’s, and instead will allow them to operate at or below the posted limit, and depending on what the machine operator considers to be reasonable and prudent on county roads. Hours of legal operation would remain one-hour before sunrise, and one-hour after sunset. The Ordinance will have one final reading following a public hearing on Feb. 7th. During today’s (Wednesday’s) meeting, rural Cass County resident John McCurdy, spoke in opposition of allowing ATV’s and UTV’s on designated county roads because of past issues associated with safety and reckless use of the machines. The issue of safety alone, is his greatest concern.

Board Chair Gaylord Schelling said he had contacted Crawford and Carroll County officials. Both he said, have no problem with the way their ordinances are written, which are similar to what Cass County proposes. The only difference is, that in Crawford County, UTV’s are allowed within the city limits of Dow City. And, their ordinance stipulates the operator be 18 or older.

In other business, the Supervisors approved a request to act as a fiscal agent (necessary for the pass through of funds), for Friends of the Outdoor Classroom project (The County Conservation building), in order to finish the floor and other portions of the structure. Judy Kennedy, who is on the Outdoor Classroom Board, said the urgency to approve the application by Feb. 1st, is due to an IRS snafu. Somehow the IRS kicked them out of their 501-c3 classification. And while that mistake was rectified, it’ll take 4-to 6-weeks for it to be corrected. For now, though they can’t get a grant without the county acting as a flow-through agency for the funds, and the application is submitted by the deadline.

The non-profit Friends organization has been instrumental in making what was a shelter, into a fully functional enclosed structure, the furnishing of heat, a kitchenette, and a cement floor, which was installed last year. Kennedy said they need to epoxy the floor now, to make it easier to clean manageable. The $5,038 grant amount requested would cover the cost of the epoxy. A grant from Massena Telephone Company is also being used for the Outdoor Classroom building.

The building has been used for many purposes, and will be used for the American Pointing Labrador Association (APLA) dog trials, in May.