WAUPACA COUNTY BOARD OF ADJUSTMENT MEETING

MINUTES –May 15, 2014

Sec. Fulcher called the meeting to order at 9:05 a.m. Roll call was taken with the following members present: R. Hoffmann, J. Fulcher, J. Beyer, P. Craig and D. Johnson, all present.

P. Craig moved and D. Johnson seconded the motion to approve the agenda with the correction to add the election of Vice Chair for the Board of Adjustment. The motion was carried.

D. Johnson moved and J. Beyer seconded the motion to nominate P. Craig for Vice Chair for the Board of Adjustment. J. Beyer moved to close the nominations. The motion was carried.

PUBLIC HEARING:

Public hearing was called to order at 9:07 a.m. by Vice Chair Craig to hear the Appeal of a Conditional Use Permit issued to A.F. Gelhar Co., Inc. for a nonmetallic sand mining and processing on approximately 160 acres located in the SE ¼ of Sec. 13, Town of Union, lying along Dennison Road, Waupaca County, Wisconsin in an AE (Agriculture Enterprise) District on approximately 160 acres. Roll call was taken with the following members present: P. Craig, R. Hoffmann, J. Fulcher, J. Beyer and D. Johnson, all present. Deb read the names of persons notified of the hearing. Clyde Tellock asked was the State of Wisconsin DNR notified. Deb Giuffre said East Central Regional Planning Commission was notified. Vice Chair Craig declared the hearing legal and gave the general procedure.

Vice Chair Craig called for any testimony in favor of the Appeal.

Attorney Steven Sorenson, representative for Gerald A. & Susan M. Tellock, Roger E. & Geraldine Henschel and A.F. Gelhar Co., Inc., asked for clarification of the proceedings regarding material to be submitted.

Attorney Ronald Stadler, representative for the Waupaca County Board of Adjustment, clarified the time line in regards to submitting material.

Attorney Brian Hamill, representative for the applicant, clarified testimony to be heard.

Clyde Tellock was sworn in to testify. Mr. Tellock said he was the Town Clerk for Union at the time of the proposed Conditional Use Permit application for the sand mine. Mr. Tellock commented on the ordinance at the time of the proposal and his concerns.

Myrtle Kutchenriter was sworn in to testify. Ms. Kutchenriter said she lives on Dennison Road and has concerns about the road condition with the heavy truck travel from the sand mine.

Brad Millikin was sworn in to testify. Mr. Millikin said he owns property in the area of the proposed sand mine. Mr. Millikin submitted letters from the State DNR of the initial reclamation and the confirmation. Mr. Millikin commented on the processing of the sand at the Foundry.

Angela Williamson-Emmert was sworn in to testify. Ms. Williamson-Emmert said she is an employee of UW-Fox Valley and is associated with UW-Extension. Ms. Williamson-Emmert gave a presentation about the economic issues related to the mine.

WAUPACA COUNTY BOARD OF ADJUSTMENT COMMITTEE MEETING MINUTES –

MAY 15, 2014

Marjorie Wentworth was sworn in to testify. Ms. Wentworth said she is a resident of the Town of Union. Ms. Wentworth said she earned a Bachelor of Science degree and her research was on dust. Ms. Wentworth commented on the studies of the effects of dust.

Kelly Hamilton was sworn in to testify. Ms. Hamilton expressed concerns to the County Board to seek independent experts regarding the effects of mining.

Nancy Schanke was sworn in to testify. Ms. Schanke said she is a resident of the Town of Caledonia and lives across from an active frac sand mine. Ms. Schanke spoke about her experiences with the active sand mine in her area.

Deanna Hannigen was sworn in to testify. Ms. Hannigen said that her family has had a farm in the Town of Union for over 150 years. Ms. Hannigen talked about consistency with Comprehensive Planning and the Town’s Plan.

Daniel Hagman was sworn in to testify. Mr. Hagman said he lives about a quarter mile from the proposed sand mine site. Mr. Hagman said he was not able to speak at the November 1^st meeting and expressed his concerns related to the Planning and Zoning Committee’s decision and the effects of the mine.

11:20 a.m.

~ The Committee took a break ~

The public hearing was called to order at 12:30 p.m. by Vice Chair Craig. Roll call was taken with the following members present: P. Craig, R. Hoffmann, J. Fulcher, J. Beyer and D. Johnson, all present.

Attorney Ronald Stadler designated the materials submitted as numbered Appeal Exhibits.

Vice Chair Craig called for any testimony in opposition to the Appeal.

Bryant Esch was sworn in to testify. Mr. Esch said he is the Environmental Coordinator of the Waupaca Foundry. Mr. Esch summarized the need for sand and the reclamation plan for the Waupaca Foundry.

Tony Lewis was sworn in to testify. Mr. Lewis said he is the Director of Procurement for the Waupaca Foundry. Mr. Lewis said he is responsible for purchasing the sand for the Foundry and how it relates to the proposed sand mine.

Jim Rabideau was sworn in to testify. Mr. Rabideau said he is an Environmental Consultant. Mr. Rabideau clarified the DNR air regulations and monitoring.

Roger Henschel was sworn in to testify. Mr. Henschel verified that he is the applicant for the Conditional Use Permit and his role with the Town of Union Planning Commission as it related to the Conditional Use Permit application.

Attorney Steven Sorenson was sworn in to testify. Mr. Sorenson said he is the representative for Gerald A. & Susan M. Tellock, Roger E. & Geraldine Henschel and A.F. Gelhar Co., Inc. Mr. Sorenson explained the terms, conditions and process of the Conditional Use Permit application.

WAUPACA COUNTY BOARD OF ADJUSTMENT COMMITTEE MEETING MINUTES –

MAY 15, 2014

Attorney Ronald Stadler, representative for the Waupaca County Board of Adjustment, asked Attorney Brian Hamill to summarize for the Board what they’re challenging on the Appeal.

Attorney Brian Hamill, representative for the applicant, talked about procedural issues in regards to the Conditional Use Permit application. Attorney Hammil summarized the submitted studies and testimony of the people in favor of the Appeal.

Attorney Steven Sorenson, representative for Gerald A. & Susan M. Tellock, Roger E. & Geraldine Henschel and A.F. Gelhar Co., Inc. gave a summary of the A.F. Gelhar Co., Inc. history and operations. Attorney Sorenson spoke on the effects on the economy and reclamation program.

Attorney Sorenson summarized the testimony of the various experts and the decision of the Planning and Zoning Committee.

Attorney Brian Hamill, representative for the applicant came back for rebuttal. Attorney Hamill responded to the testimony of the experts, completeness of the Conditional Use Permit application and the economic impact.

Attorney Ronald Stadler, representative for the Waupaca County Board of Adjustment, asked if each Board of Adjustment member was able to set aside all preconceived notions to ignore any facts that they may have heard outside of the record in this matter and they can judge this matter in a fair and unbiased manner. Roll call was taken with the following members present: P. Craig, R. Hoffmann, J. Fulcher, J. Beyer and D. Johnson, all present.

D. Johnson moved and J. Fulcher seconded the motion to go into closed session by roll call vote pursuant to Wis. Stats. §19.85 (1) (a) and (g) to deliberate concerning a case which is the subject of a judicial or quasi-judicial trial or hearing before that governmental body and to confer with legal counsel for who is rendering oral or written advice concerning strategy to be adopted by the body with respect to litigation in which it is or is likely to become involved. The scope of this meeting will be to address the parties’ arguments on the standard of review. Roll call was taken P. Craig-aye; R. Hoffmann-aye; J. Fulcher-aye; J. Beyer-aye and D. Johnson-aye. The motion was carried.

The Board went into Closed Session at 2:05 p.m.

Respectfully submitted,

Jack Fulcher, Secretary

Waupaca County Board of Adjustment

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cc: County Clerk