Sawyer County Zoning and Conservation Committee
June 10, 2010
Committee Members Present: Jim Bassett, Bruce Paulsen, Warren Johnson, Fred Zietlow, Bernie Kadlec
Others Present: Kris Mayberry – County Clerk, Tom Aartila – DNR Basin Supervisor, Dale Olson – ZAC Administrator, Mike Koehler - NRCS, Linda Zillmer, Judith Berger, Ernie Martinson, Terrell Boettcher - SCR.
The meeting was called to order at 9:00 a.m. by Chair Bassett. Motion by Zietlow, second by Bassett to approve the agenda with the exception of moving item #9 (Proposed Sawyer County Land Sale) on the agenda to #1 as Kris needed to leave. Motion carried. County Clerk, Kris Mayberry explained the County Land Sale, presenting the list of lands, the notice for publication and deadline date of August 6, 2010 for sealed bids. Properties will be sold to the highest bidder. Paulson motions and Johnson seconds that the bids will be opened and tabulated by the County Treasurer and Dale Olson to bring results to the ZAC meeting in August. Motion carries.
Motion by Bassett, second by Johnson to approve the May 2010 minutes. Motion carried.
Linda Zillmer asks that the committee members take a look at an article published in the Country Today newspaper regarding a meeting that was held June 1st regarding a funding formula for Land & Water Conservation Departments on spending reductions and on rolls and responsibilities of the Land and Water Conservation. She also mentions that she has not yet received her official letter of denial from the County Board meeting held on May 20 regarding her application for change in zone district. Cindy Yackley apologized for the delay stating she had been on vacation and a letter would be forthcoming.
Tiger Cat Dam Failure Analysis
Olson states he hasn’t gotten anything back from Corporation Council regarding this issue and he thinks the next step would be to file a law suite. (Tiger Cat has been ongoing for 3 years due to slow communication and progress. There are DNR objections to the plan the engineer submitted and the County Corp Council TJ Duffy is working to either get the engineering firm to fulfill their contract or for the County to receive the money paid back to start over with a different firm.)
Placid Lake Diversion Canal Permit
Olson reads a letter he received from Donald Stover, President of Tiger Cat Flowage Lakes Association regarding the associations support in the abandonment and removal of the diversion canal and dam. A public hearing will be held in the near future.
Highway NN Culvert Issues
Bassett stated that at the joint meeting with county/tribe, the tribe stated the reasons why they were in opposition and they suggested that the county give a couple hundred feet of the road where the culverts are to the tribe and then the issue would be over. A letter has been received from DNR requesting what the county’s plan will be. Discussion is held on possibly having the Voight Task Force get involved. Rice has been an issue with the tribe and another limiting factor is the beaver dams. Olson suggests possibly dropping in a third culvert which would be lower than the existing two. After some discussion, it’s determined that Olson will write another letter suggesting that DNR should meet with the tribe to try and resolve this.
Highway E & Demon Creek Culvert Projects
Olson stated that he applied for and received a grant from the US Fish & Wildlife Service for passive trout. More monies were available so Olson took it taking $1,500 out for engineering of sizing and placement and Highway Dept. got the rest for the installation of culverts.
Cell Phone Plans
Olson passes out a cell phone plan comparison. Bassett stated that Carol Larson was working on a county plan. Olson states that personal phones are being used at present as the previous phone contract has been cancelled. The department is averaging around 200 minutes per phone during the summer months. Currently the cost is $20.00 per month per phone. It’s determined to continue on with what is currently used.
Musky Bay Herbicide Treatment
Olson states that Musky Bay has been sprayed. It’s a 3 year process which it was sprayed last year, now this year and again next year. The Lac Court Oreilles Association was also involved by applying for the permit. There was an issue with the cranberry growers but has been resolved. Frost and timing were also issues. A company named Bonestroo did the spraying and are members of the Cranberry Growers Association.
Olson stated that Eric Wellauer, Sawyer County Sanitarian has updated what he had and has sent copies to the citizens committee, State Dept. of Commerce and ZAC members for comments.
Sawyer County Zoning & Conservation Committee
June 10, 2010
NR 115 Grant
Olson stated that a resolution was needed, so a resolution has been sent in and he was told that it looked good, and he’s confident the office will get it. Olson previously reported that a grant for shoreline rules/regulations education and enforcement was applied for totaling $13,525.00. The grant would reimburse the county for approximately the difference in employee hours as already approved by the county board. The grant would also cover costs associated with public meetings and supplies for education regarding the new NR115 shoreline regulations.
Nathan Anderson: has requested his land use permit fee be waived through the ADA due to disabilities his wife and children have. Anderson has applied for a permit for the construction of a ramp for wheel chair ingress/egress to their home. A doctor’s note is required and the permit will be issued upon receiving that note. Zietlow motions, Paulsen seconds to approve the waiving of the fee. Motion Carries.
Comprehensive Planning Law: Olson states that they have extended the completion date from 1/1/2010 to 1/1/2012 for those who have applied for a grant and haven’t received it. For those governments that have received a grant and are still working on them will receive an extension. It also removes the requirement that towns need to have village powers to adopt a plan, it provides a definition of a comprehensive plan, clarifies that only zoning, subdivision and official mapping ordinances enacted or amended after 1/1/2010, attempts to clarify that only the final adopted version of the plan needs to be sent to adjacent units of government, and repeals the perceived redundant language in Wisconsin’s platting laws that said local governments could conditional approval of a plat based on compliance with a local governmental unit’s comprehensive plan.
Judith Berger: She requested that her conditional use permit that was granted in 2009 will expire and that she is unable to build the new home until her present home sells. Discussion is held on how much time would be needed as the six month extension doesn’t seem to be enough time. Johnson motions and Zietlow seconds to approve the request and extend the time to 1 year. Motion carries. Her CUP will expire on June 19, 2011.
Cluster Development: The proposed amendment has been previously handed out to members. Olson stated the next step is to send it to the towns for their comments and then schedule a public hearing.
Gnome Home: Olson states that he received a letter from the Town of Draper regarding several residents of that township having concerns over the sale of a parcel of land on Clover Road N and Highway 70 concerning the characterization of a non-conforming structure (cob house) as a “gnome house” in a real estate listing. Discussion is held and it’s decided that Olson should write a letter to the real estate agent listing the issues and options regarding this property and to place this issue back on the agenda for next month.
Register of Deeds fees: Olson reports that effective June 25, 2010 all Wisconsin Register of Deeds offices will increase their recording fees to a flat fee of $30.00 regardless of the number of pages. Presently, the fee is per page. Paulsen motions, Bassett seconds to comply with the state. Motion carries. Zoning to update their fee schedule to reflect the change.
Zoning Committee By-law changes for City Residents: Zietlow stated that there are people willing to sit on the Zoning Committee but can’t because of the language in the by-laws. He would like to waive that restriction to allow those the opportunity. Discussion is held and it’s the consensus of the majority of members that they are not in favor of this change.
DNR Dam Letters Received: Olson stated he’s received several letters from the DNR regarding dams that will be inspected within the next 18 months. After the inspection an Interim Emergency Action Plan, Inspection, Operation and Maintenance plan needs to be developed. A Wisconsin registered engineer will need to be hired to perform a dam failure analysis on which to base a Detailed Emergency Action Plan. Also, Chapter 31.19 of Wisconsin Statutes has been amended to require owners of large dams to periodically hire professional engineer inspectors to inspect and report on the conditions of the dams. Olson stated that some dam failure analyses have already been completed. Those due for inspection are Upper Brunet Dam (Lake Loretta), Tiger Cat Dam, Fishtrap Lake Dam, Billy Boy Dam, Deer Creek, Lake Placid Dam and Price Dam. Also DNR will no longer be conducting flood plain delineations or ordinary high water marks.
Release of Gravel Rights:
Olson stated County Treasurer, Diane Ince received a letter from the DNR requesting the release of gravel rights in the SW1/4 SW/14 of Section 24 and in the NW1/4 NW 1/4 Section 25, T9N, R 7W. Olson stated that it was approved by Diane Ince. A letter was also received from Gary Gedart on June 7, 2010 stating that the Highway Dept. had no objection to this as there is gravel approximately 4 1/2 miles away. A fee of $250.00 would need to be collected. Zietlow motions to approve, Paulsen seconds. More discussion is held. Zietlow rescinds motion to approve, Paulsen rescinds second to give committee time to review gravel pit fees and to place this issue on next months agenda.
Sawyer County Zoning & Conservation Committee
June 10, 2010
LCO Request for Notification
A request has been made by the tribe that when a land use permit is applied for, some kind of an indicator be placed on the application (possibly a box to check) that the property is within the reservation boundaries. This would be for the tribe to check whether there is a burial site or the possibilities of artifacts as well as any historical factors the property may have. Olson is to write a letter to the tribe regarding these sites and to work with the tribe in devising some kind of notification process (i.e. phone, e-mail, etc.) This also will be placed on next months agenda for an update.
Mike Koehler reports that 6-7 applications have been received and is in the process of reviewing EQIP contracts, involved in a large barn yard project and grazing contracts are moving forward.
Tom Aartila gave an update on DNR issues pending.
No representative present.
Wildlife Damage Program – Approve Plan of Administration (POA)
Plan was distributed to members. Bruce motion and Warren Johnson Second to approve the plan and forward it to County Board.
County Monthly Work Report
Work reports were distributed. Olson reported the Zoning has issued 149 land use permits and 101 sanitary permits and stated the office is very busy. Kelly Nechuta is in the process of taking the POWTS exam. He informs the committee of a land owner’s complaint of adverse effects on his property due to the construction of a new home next door. He also updates the committee on the situation between the Back to Woodlands Restaurant and the Johnston property in the Town of Edgewater. He’s received photos of boats being moored at the dock. He informed the committee that he’s been on site and there are no signs erected and didn’t see much disturbance.
Olson stated that during the winter months, the office will be inserting “ZAC Facts” in the newspaper. ZAC Facts will be small articles of information to educate the public relating to zoning and land and water conservation. Eric is setting this up and will be working with Paul Mitchell from the Sawyer County Record. Olson also informs the committee regarding the correction to the joint grant application for DATCP/DNR for 2011.
Review and Approve Monthly ZAC Expenditures
Motion by Paulsen, second by Johnson to approve the monthly expenditures as presented. Motion carried.
Motion by Bassett second by Zietlow to convene into closed session, pursuant to section 19.85(1)(e) Wisconsin Statutes, for the purpose of discussing Courthouse employee bargaining units rejection of the side letter of agreement regarding consolidation of the Zoning Department and the Land and Water Conservation Department.
Motion by Johnson, second by Paulsen to return to open session. Motion carried.
Motion by Johnson, second by Paulsen to adjourn the meeting. Motion carried.
Meeting was adjourned at 11:35 AM.
Cindy Yackley, Recorder