Sawyer County Zoning and Conservation Committee
October 11, 2010
Committee Members Present: Jim Bassett, Bruce Paulsen, Warren Johnson, Fred Zietlow, Chuck Gunderson, Bernie Kadlec.
Others Present: Kris Mayberry, County Clerk, Phil Nies – Bass Lake, Len Eckerly – Hunter, Dick Dewhurst – Hayward, Brian Hucker – Spider Lake, Linda Zillmer, Dale Olson – ZAC Administrator, Tim Seidl – Land and Water Conservation Technician, Cindy Yackley – Deputy Zoning Administrator, Terrell Boettcher – Sawyer County Record.
The meeting was called to order at 9:00 a.m. by Chairman Bassett.
Motion by Bassett, second by Paulsen to approve the agenda. Motion Carried.
Motion by Zietlow, second by Gunderson to approve the September minutes. Motion carried.
Linda Zillmer requests that an update be given on the Back to Woodlands issue in the Town of Edgewater. This is discussed later in the agenda.
Tiger Cat Dam Failure Analysis
Olson presented the completed copy of the analysis from Vierbicher. It will be approximately 30 days before DNR can look at it.
Placid Lake Diversion Canal
Olson informed the committee of the upcoming public hearing which will be held on Thursday, October 14, 2010 beginning at 6:00 p.m. The assumption was that the DNR would handle this which ended up not being the case and that ZAC placed the notice of public hearing in the paper, paid for it and sent out the notices to all the associations and single parties that are involved or could possibly be affected. Olson will give a brief opening power point presentation. If anyone wants to review the abandonment plan, Olson has copies of it.
Highway E Culvert Project
Notification was received that no culverts can be installed after September 15th on trout streams. Olson sent an e-mail to Shawn Haseleu, Environmental Review Coordinator, stating that Sawyer County and LCO Conservation requests a waiver to the September 15th deadline in order to complete the cooperative project with the USFWS and WDNR Fisheries. Haseleu responded with an approval extending the deadline to October 20, 2010 providing strict erosion control measurers are followed. This installation project will hopefully take place on Thursday, September 14th if not, then on Monday the 18th.
Dave Samuels from the WI Bear Hunters Association submitted copies of wolf statistics and a proposed wolf control resolution regarding the wolf population and the Wisconsin Management Plan. He gave a summary of the DNR plan stating the DNR’s figures are off by about 50% and the number of wolves is becoming a dangerous situation. Data collected for Sawyer County indicated there have been numerous reports of attacks on dogs and livestock in 2010 already. He requested the Committee recommend to the County Board adopting the resolution. Tim Seidl passed around photos of a recent attack to an area farmer’s livestock killing a cow. Motion by Johnson, second by Bassett to adopt the resolution as presented and forward on to County Board. Paulsen and Zietlow abstained. Motion carried.
Proposed Ordinance Amendments for F-1 & A-1 Zone Districts
Yackley gave back ground information on how the two zone districts came to be a proposed amendment and listing the pros and cons. These are comprehensive amendments to the ordinance which will require town board approval. Yackley will send decision forms to the town clerks in the next few days. A public hearing on them will be held at a later date. Yackley requested the Committee approve the request to forward on to the towns for their decision. Motion by Gunderson, second by Zietlow to send proposal to the towns. Motion carried.
Proposed Amendment - Board of Appeals (BOA) by-laws vs Zoning Ordinance
Yackley informed Committee that there was a discrepancy in the language between the BOA’s by-laws and the zoning ordinance regarding the time period for filing an appeal. The by-laws state “30 days,” the ordinance states “a reasonable time.” Yackley says it’s important to be consistent and requested approval by the Committee to send the proposed amendment to the towns for their review and decision. Motion by Paulsen, second by Johnson to approve the request to forward on to the towns. Motion carried.
Olson informed the Committee that the new battery has been installed and the computer is working but he hasn’t had a chance to fully test it but will shortly. Discussion was held on the water level. Olson is to work with the Town and get the level down to the authorized level by next week, weather permitting. The gauge is currently flowing in the water and needs to be relocated and Complete Welding is in the process of building a new hand crank.
A proposed ordinance and opinion forms were sent out to all the towns regarding cluster development asking the towns if they felt an ordinance was needed as some towns referred to this type of development in their comprehensive plans. Nine (9) towns approved, seven (7) towns denied, and six (6) towns had comments. A majority would be needed to move the issue forward. Nies, Dewhurst and Hucker commented on their town’s views and issues. One suggestion was that this be treated like the camping ordinance where each town would have the choice to “opt” out if they choose. Discussion held on how to move forward as more work needs to be done on the ordinance. Olson stated that sometime in January, Town’s would be notified requesting any changes to their comprehensive plans be forward to the county to update the county’s comprehensive plan. Motion by Johnson, second by Bassett to defer any action on cluster development until after the first of the year and to inquire/incorporate any changes or updates the towns might have to their comprehensive plans into the County’s comprehensive plan. Motion carried.
Ordinance was previously sent to all members of the Committee. Next step is to send it out to the towns. The County Sanitarian will do this in the near future for the towns input.
Olson asks when the Committee would like to start. The grant has been received so moving forward on this can be anytime. Olson states that Bill Christman had previously done some background work on it and his recommendation was to not have a citizen committee. Olson felt the Lakes Forum didn’t want to have a committee either. The present ordinance needs to be tweaked to conform with the new NR 115 changes. Discussion held on some of the NR 115 changes and the time frame in which to have it completed. Johnson suggests that Olson send Bill Christman’s notes out to the Committee also giving them an idea of what the time schedule is and information on the grant and this be place back on the agenda for next month.
Round Lake Lawsuit
It’s determined that no closed session is needed. A meeting was held last week with Dave Kafura and Tom Aartilla regarding the lawsuit. Gunderson reports that the lawsuit is on hold until after the November 3rd hearing as the tribe has requested to be made a part of this suit. The problem between the County and Round Lake Property Owners is the water flow through the entire watershed. The Placid Lake diversion canal issue is being heard on Thursday October 14th. The next issue the Committee will have to decide on is how to address the Little Round Lake Dam and that will depend on what the DNR finds what they want the water level maintained at on Round Lake and that number should be in this week. More discussion will need to be held on the dam. The final issue will be the County NN culvert which will be based upon the outcome of the lawsuit or of the tribes request to become a party to the lawsuit. The next step will be after the tribes petition is addressed and the judges decision. Options are discussed regarding the Little Round Lake Dam and getting some cost estimates for engineering and bringing back a plan to the Committee next month. Olson read a letter from the Osprey Lake Property Owners Association regarding their support of the County regarding the Highway NN Culvert controversy.
County Monthly Work Report
Olson provided the committee with a handout showing permit numbers from 2009 compared to 2010. CST’s, 174 (2009 – 142); SAN’s, 227 (207); Privy, 26 (11); LUP’s 280, (277); Signs, 10 (7); CUP’s, 22 (9) and Fire#’s 104, (102). He informed the committee that Tim is doing quite a bit of wild life damage and Kelly is doing buffer zone inspections and design. The Wilderness Walk project is close to being completed. A plan to fix up the creek has been finalized. Part of the plan is fencing the creek off and providing crossings for the animals.
Back to Woodlands
Olson stated he had a conference call with TJ Duffy and Attorney Bill Thiel regarding the Back to the Woodlands restaurant/bar and that things have changed now because the lease that was on the property is no more an issue as the lease is up. Zoning hasn’t received any recent complaints. The issue will probably be back once snowmobiling starts.
Wildlife Damage – APHIS Contract
Olson stated that every year a contact is signed with APHIS to move bear for the county. The cost has been $200.00 per bear. APHIS had raised that amount to $250.00 per bear and that there hasn’t been an increase since 2005. They average it over a two year period and the total cost from them that was is put in the budget to the DNR was $23,250.00 and that averages out to 94 bears. Discussion held on whether anyone else moves bears. Olson didn’t think so but that they use the county’s traps which were purchased through the APHIS program and that the program is grant funded. Motion by Gunderson, second by Zietlow to approve the contract with the price increase. Motion carried.
Cost Share Contracts
Three contracts were submitted. They were Dennis and Cynthia Maly, Darrell and Mary Foss and a transfer to Rock County for Meier/Inman. Discussion held on whether the Committee needs to review these contracts verses Olson reviewing and signing. Olson stated that some counties do allow the administrator to handle these in office but he would need to be appointed to do this and that some where it is probably codified. He will research and bring back this issue to the Committee next month. Motion by Zietlow second by Johnson to approve the contracts. Motion carried.
Review and Approve Monthly Expenditures
Motion by Paulsen, second by Bassett to approve the vouchers as presented. Discussion held on the Northern Lakes Cooperative statement which charged a service charge. Olson is to check on why this was applied and get back to the Committee next month on the reason behind it. Motion carried.
A Dam Safety Newsletter was passed out to the Committee.
Olson informed Committee that he has copies of Assembly Bill 818 which was approved in 2009 regarding the requirement of the DNR to identify wetlands. There is some confusion regarding what the Bill 818 says and what the DNR are actually doing.
Motion by Zietlow, second by Gunderson to adjourn. Motion carried.
Minutes prepared by Cindy Yackley