The Daily Star, Oneonta, NY - otsego county news, delaware county news, oneonta news, oneonta sports

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April 25, 2009

Farm's dead cows lead to anger, investigation

HARTWICK _ A failed dairy farm at 2722 State Route 205 in Hartwick has neighbors angry and pointing fingers at each other.

In 2007, Jerry Wood sold the farm to Elmer Johnson, a longtime herdsman for Clyde Rutherford, president of the Dairylea Cooperative Inc.

When Johnson and his family moved to the farm, they purchased cows and equipment from Rutherford, who for years operated a dairy farm in Otego.

``The farm we had in Otego wasn't big enough for the whole family, so they were looking for another one,'' Rutherford, who has since moved to New Jersey, said Friday.

The Johnsons moved to their new farm near Mount Vision and Wood remained next door in a ranch house. According to Wood, the herd was not well cared for.

Eventually, he said, several cows died before the balance of the herd was sold off in March.

``It was disgraceful,'' he said Friday.

Elmer Johnson could not be reached Friday, but his son Isaac Johnson, who was working at the farm, said the herd was not mistreated, although a few cows did die. Isaac Johnson said that Wood and other neighbors ``made it impossible for us to farm here.

``Every time we turned around, they were calling the sheriff or the health department, trying to get us in trouble,'' he said. ``I've had enough of it. I'm moving to Montana, and my father's moving to Florida.''

NBT Bank has foreclosed on the farm, and the Johnsons are selling off other items while getting ready to leave, he said.

According to Otsego County Sheriff Richard Devlin, a deputy from his department was called to the farm several weeks ago but didn't see that any laws were being violated.

Some cows had died, however, and were left on the hillside, according to Tim Card, an officer with the state Department of Environmental Conservation.

Card said that after neighbors complained about the bovine bodies, he went to farm and informed the Johnsons that dead cows have to be buried or composted.

The Johnsons complied, Card said, covering the bodies with manure and other materials in accordance with state regulations.

``There was no ticket issued because they did comply after they were notified,'' he said.

Card said he saw ``about eight dead cows in one pile.'' There were also skeletons of cows in another pile, animals that apparently had been dead for a year or more, he said.

Neighbors are upset that the rotting bodies stink, said Wood and Donna Miller, who lives nearby.

``I operate a day-care center here and sometimes, it's pretty bad,'' she said. ``I can tell you I'm not looking forward to summer, because I won't be able to open the windows.''

Another neighbor, Mary Crouthamel, said she is seeking inspection records for the Johnson farm from the state Department of Agriculture and Markets.

``I'd like to know why there wasn't any supervision there,'' she said.

Rutherford said he is saddened by the episode and believes the Johnsons were treated unfairly.

``They were caught in the downturn in milk prices, as others have been, but the cows were not starved,'' Rutherford said.

After the farm ran low on money, the cows were fed hay, not grain, but cows can live without grain, he said. When the herd was sold off last month in Verona, some cows were sold as dairy animals and others were destined to be slaughtered for beef, which he said is a normal occurrence.

Hartwick Town Supervisor Pat Ryan noted that the town's health officer, Dr. Lee Robbins, has been in touch with the state Health Department about the issue.

In a letter dated April 19 to the state Health Department's district office in Oneonta, Robbins wrote: ``After repeated calls, Supervisor Ryan and I visited the farm 2722 Rte. 205 owned by Elmer Johnson and Clyde Rutherford. On the hill above the property there are two large mounds where neighbors had seen numbers of dead cows dumped.

"After ENCON Officer Card visited the site on March 25, the owners were instructed to bury the cows. Neighbors reported dumping of manure over the cows,'' the letter continued.

Rutherford said he is not and has not been a part owner of the farm, although he held a mortgage on some livestock and equipment used by the Johnsons and said he stands to lose money from the failed enterprise.

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