GOVERNMENTAL BODY:    WAUPACA COUNTY IMPLEMENTATION STEERING COMMITTEE MEETING

DATE:                                         WEDNESDAY, AUGUST 21, 2013

PLACE:                                       ROOM 1068, COURTHOUSE

                                                      811 HARDING ST., WAUPACA, WI

TIME:                                          6:00 P.M.

 

          MEETING MINUTES

 

OPEN SESSION

 

1.                  Call Meeting To Order

 

Chair Dennis Kussmann called the meeting to order at 6:04 p.m. 

 

2.                  Roll Call

 

Implementation Steering Committee Members Present:  Art Richardson (Town of Lind), Steve Frings (Town of Farmington), Stefan Shoup (Town of Wyoming), Douglas Behnke (Town of Bear Creek), Gary Marx (Town of Scandinavia), Patricia Craig (County Board), Kay Ellis (Town of Dayton), Jane Haasch (Town of Dayton), Evan Abrahamson (Town of Waupaca), Mike Orr (Town of Waupaca), DuWayne Federwitz (County Board/Town of Matteson), Marvin Schneider (Town of Caledonia), Jackie Beyer (Town of Little Wolf), Terry Murphy (County Board) and Dennis Kussmann (County Board).

 

Implementation Steering Committee Members Excused:  Penny Leder (Town of Bear Creek).

 

Others Present:  John Penney (County Board) and Robert Ellis (County Board).

 

Staff Present:  Ryan Brown, Jean Gliniecki, Jason Snyder and Jeff Henneman.

 

3.                  Chair Kussmann read the Open Meeting Statement, “This meeting and all other meetings of this committee are open to the public.  Proper notice has been posted and given to the press in accordance with Wisconsin Statutes, so the citizenry may be aware of the time, place and agenda of this meeting.”

 

4.                  Approve Agenda As Presented

 

Patricia Craig motioned to approve the agenda.  The motion was seconded by Gary Marx.  Motion carried unanimously.

 

5.                  Approve the Minutes from the July 17, 2013 Implementation Steering Committee Meeting.

 

Patricia Craig said there were a couple of minor typos to be corrected.

 

Jackie Beyer motioned to approve the minutes as amended.  The motion was seconded by Steve Frings.  Motion was carried unanimously

 

6.                  Public Comment

 

The following people had comments concerning sand mines:  Brad Millikins, Tania Wadzinski and Jane Haasch.

 

7.                  The Committee reviewed the Density Management Program.

 

Ryan Brown explained to the Committee some of the issues that the Planning & Zoning Office has been dealing with in regards to density.  A suggestion was made to have density apply only to areas located within Farmland Preservation.  If the Committee does not want to go that route and chooses to continue with the Density Management Program in all areas as it is currently, then the Towns will need to be consistent with the County in terms of enforcement of the density program and not approve further comprehensive plan amendments and zone changes to allow properties to acquire additional development rights.

 

The Committee decided to wait until Farmland Preservation goes into effect to see how that will affect the Density Management Program.

 

8.                  The Committee reviewed the proposed amendments to the Non-Metallic Mineral Extraction.

 

Ryan said in Sec. (2)(5) the “non” should be deleted and Chapter 295 should be Chapter 293.

 

(2)      5.         Any non-metallic mining operation where reclamation is required and a permit

obtained under Chapter 295 293 of the Wisconsin State Statutes.

 

Ryan said Sec. (2)(6) there was a question as to what the following sections are talking about:  Section

30.19 is the protection of the waterways; Section 30.195 is changing of a course of a stream course;

and Sec. 30.20 is digging out material from a bed of a navigable waterway.

 

(2)        6.         A mining site or portion of a site that is under a permit and under reclamation   requirements of the Department of Natural Resources under Sections 30.19, 30.195 and 30.20 of the Wisconsin State Statutes.

 

Jane Haasch had a question on Sec. (2)(7) if that is opening a door to nuclear waste storage.  The

Committee decided to have Ryan check on it and report back to the Committee at their next meeting.

 

(2)        7.         Any activities conducted at a solid or hazardous waste disposal site required to prepare, operate, or close a solid waste disposal facility under Chapter 289 of the Wisconsin State Statutes or a hazardous waste disposal facility under Chapter 291 of the Wisconsin State Statutes, but these provisions do apply to activities to obtain nonmetallic minerals to be used for lining, capping, covering or the construction of berms, dikes or roads.

 

Ryan continued with Sec. (3)(C)(7) and at the last meeting there had been a question about Best

Management Practices and what is considered normal acceptable standards. The Committee decided

that noise levels should be specific but those specifications should be under General Requirements (D)

Noise Control. 

 

The Committee agreed that Sec. (3)(C)(8) was okay.

 

Ryan continued with Sec. (3)(C)(9) and the Committee felt that it could be very beneficial to review

other counties’ non-metallic mining ordinances especially some examples from the western portion of

the State with all the industrial mines that they have.  Ryan said that he used portions of some of the

surrounding counties’ ordinances such as:  Calumet, Columbia, Outagamie, Portage, Shawano.  He

said he certainly could get more examples for the Committee to review.  But a lot of those regulations

from the western counties in the State won’t even apply to the vast majority of mines in our county

which are typically the smaller pits of approximately 20 acres in size.

 

DuWayne Federwitz said maybe we should wait for about 6 to 8 months and do a little more internal homework with a smaller group and then bring it back to the whole Committee.  The Committee agreed that it would be a good idea.

 

Chair Dennis Kussmann said that’s what I was going to discuss with this group that I took the liberty of talking with our Corporation Counsel, Ryan and the Planning & Zoning Committee members and there is a pretty good consensus that we need to look at the moratorium issue.  This will be put on one of our next meeting agendas for the Planning & Zoning Committee that we will look into the benefits of putting a 6 to 12 month moratorium on all non-metallic mining.  We want to do this ordinance right and not be rushed. 

 

Steve Frings motioned to recommend that the Planning & Zoning Committee follow up on a 6 to 12 month moratorium in order to have time to work on drafting a Non-Metallic Mining Ordinance.  The motion was seconded by Art Richardson.  The motion was carried.

 

The Committee decided to meet again on Wednesday, September 18, 2013 at 6:00 p.m. to continue their review of the Non-Metallic Mining Ordinance.

 

9.                  Adjourn

 

At 8:05 p.m., Marvin Schneider motioned to adjourn the meeting.  The motion was seconded by Jackie Beyer.  Motion carried unanimously.