Date: August 24, 2004
Committee Members Present: Ashford, Sprecher, Gaalswyk, Lehman, and Wiese.
Others Present: Lance Gurney, Mary White, Brian Simmert, Brent Bailey, Ted Brenson, Lowell Haugen, and others.
Chairman Wiese called the meeting to order at 9:00 a.m. and staff certified the meeting had been properly posted.
Motion by Sprecher, seconded by Ashford to adopt the agenda.
Motion carried.
Motion by Ashford, seconded by Sprecher to approve the minutes of the August 10, 2004 Committee meeting as presented.
Motion carried.
Mr. Sprecher stated that he had received a letter regarding the public hearing scheduled for today. Other Committee members had received the same letter.
None
Mr. Ted Brenson, County Cartographer, appeared. He reported that the reclassification requested by this department had been successful. Mr. Brenson distributed maps that had been completed containing information such as senate, assembly and congressional districts, school districts, etc. This information would be available on the mapping web site. Sauk County was able to save considerably because these maps were completed in-house.
The aerial photo project was then discussed. Mr. Brenson explained what the County could be saving by entering into a contract with other counties needing the same information. Two foot as opposed to four foot contours were discussed. Two foot contours could be interpellated to one foot contours. Mr. Gurney stated that County maps would be consistent because subdivisions need to be done in one foot contours and cities and villages were considering that measurement also. This would also make the floodplain more accurate resulting in more property possibly being removed from floodplain designations. Mr. Brenson stated that the County should know by November how they want to proceed and would possibly enter into a contract in January.
Mr. Brenson informed the Committee that the Mapping Department had been using an LTE position to scan and index survey records. He would like to extend that position until December. Benefits were discussed. Mr. Gaalswyk asked if there was a cheaper way to do this. Mr. Gurney replied that this was the cheapest method available. Motion by Ashford, seconded by Gaalswyk to extend the LTE position through the end of the year.
Motion carried.
Mr. Brent Bailey, Register of Deeds, appeared next. He distributed a list of charges state wide for access to the soaring program and viewing of records. Motion by Gaalswyk, seconded by Ashford to approve $2,500.00 per year or $250.00 per month. Mr. Sprecher questioned possibly putting a time limit so that the amount could be reviewed again. Mr. Gurney asked if the Committee wanted to increase the monthly fee to $350.00 per month. The original motion was amended to $2,500.00 per year or $350.00 per month.
Motion carried.
The Committee then reviewed the Register of Deeds voucher list. Motion by Sprecher, seconded by Lehman to approve the vouchers in the amount of $863.03.
Motion carried.
Chairman Wiese called the public hearing to order at 9:30 A.M.
The first petitions to be heard were Petition # 018-2004 & 19-2004 for approval of a rezone from Agriculture to Single Family Residential zoning district and a subdivision plat in the Town of Winfield by Mark Pelton, S1930 Glen Valley Dr., Reedsburg, WI 53959. The proposed subdivision is inclusive of 11 individual lots for single family residences, which are an addition to 11 pre-existing and platted subdivision lots commonly referred to as Pelton Subdivision. The parcel of land affected by the rezone and plat request is located in Section 25, T13N, R4E in the Town of Winfield, Sauk County, Wisconsin.
Mr. Brian Simmert, Planner with the Sauk County Planning and Zoning Office, appeared and gave the staff report and recommendation. Department recommendation was for approval of the rezoning for lot 11 and to postpone subdivision plat approval until the rezoning was approved by the County Board.
Mr. Mark Pelton, owner, appeared in favor. Mr. Pelton gave a background of the project and explained that they would only build one home a year. Eight lots have been developed so far. Mr. Lehman asked about the school bus and whether or not the kids need to go down to the main highway. Mr. Pelton said at this time they go to the highway, but the cul-de-sac would be large enough for a school bus or emergency equipment to turn around.
Mr. Phil Craker, Town of Winfield Chairman, appeared in favor. He stated that this was a very good example of clustering and even though it was located on prime agricultural land it was too steep for farming.
Seeing no one else wished to speak, Chairman Wiese closed the public portion of the hearing at 10:03 A.M. Ms. Ashford stated that the Committee was familiar with the history of the project. Motion by Gaalswyk, seconded by Sprecher to approve the rezoning of lot 11.
Motion carried.
The plat approval was discussed next. Motion by Ashford, seconded by Lehman to postpone this item until the County Board approves the rezoning of lot 11.
Motion carried.
The next petition heard was Petition # 23-2004 to review and adopt the Sauk County Preservation Plan and implementation of the Sauk County Preservation Program per Sauk County's commitment to the Memorandum of Agreement concerning USH 12 between Middleton and Lake Delton, Wisconsin.
The Chairman requested presentations be limited to 5 minutes.
Mr. Dave Tremble, Land Preservation Specialist and Planner for the Planning and Zoning Department, gave a history of the proposed plan and a recommendation of approval.
Ms. Linda Borleski, Chair of the Reedsburg Plan Commission, appeared in favor. She stated that this may be a way to preserve agricultural land while still providing for development. Farmers needed to concentrate on farming and the sale of development rights may allow them to continue to farm. She also stated that this was a voluntary program.
Mr. Robert Litscher appeared in favor. He stated he assisted with the County's 20/20 Plan and saw what the plan preserved. He said that land could not be protected by individuals alone. The farmers pay taxes to the government and they need assistance from the government in order to continue to farm.
Mr. Wayne Steinhorst registered in favor but did not wish to speak.
Mr. Rodney Walter, representing the Natural Conservancy, appeared in favor. He stated that program was consistent with the 20/20 Plan and provides different choices to land owners. He stated that the plan protects the resources of the County.
Mr. Duane Hegna appeared in favor. He had talked to property owners from other states that had similar programs in place and they were proud of the outcome. He stated that his property is under pressure on three sides from development. The farmers should have the option to enter into this type of program. He stated that the Committee and Dave Tremble were doing a good job and he encouraged them to approve the plan.
Mr. Terry Turnquist, Chair of the Town of Greenfield, appeared in favor. He stated that this program could maintain farms that would not otherwise make it. He stated that we have to be careful that we don't think all development is good for the tax base. Development doesn't help drive down taxes.
Mr. Dave Wernecke appeared in favor. He stated that this program was a land use tool that was needed to carry out town plans. He said that scattered development costs a lot and conflicts with agricultural use. This plan compensates land owners for restrictions on their property. He asked townships may be willing to increase taxes to pay for this program.
Mr. Chuck Sulik appeared in favor. He is on the town's steering committee on comprehensive planning. He encouraged adoption because this would let the County include protection of lands outside of the Baraboo Range. This was a valuable land use tool and it needs a willing seller. He considered this a non-regulatory measure to compliment zoning issues.
Mr. Dick Dana then appeared. He stated that the County should showcase its' unique features which is natural beauty. This does not just include the river or lake but also the farms and we need to protect them.
Mr. Tim Colby registered in favor and appeared next. He stated that he was a third generation dairy farmer. He is also on the planning commission and the land use committee for the Town of Sumpter. This program was needed to secure land for future generations. It would allow farmers to make cash to modernize their operations. He urged approval.
Ms. Sue Prosser appeared in favor. She wanted to emphasize that we have a choice here. Could we come back 30 years from now and still see the Baraboo Hills and farms or would the County be covered with development. She said that we are only stewards of the land and someone needs to protect the environment.
Ms. Janine Godfriaux-Leystra then appeared. She definitely was in support of the program. She moved here because of the diversity, the healthy environment and the good business environment. The program needs willing participants.
Ms. Patricia McCafferty registered as interest may appear.
Mr. Mike Kozlowski appeared in favor. He is the Vice-Chair of the Reedsburg Planning Committee. He is a farmer and wishes to stay a farmer. This program is a way to control development and keep a family farm as a family farm. He stated that possibly the town would be able to recommend parcels to the selection committee.
Mr. Tom Kriegl then appeared in favor. He represents district #2 on the County Board of Supervisors. He also serves on the Farming and Conservation Together (FACT) Committee, and the Greenfield Comprehensive Plan Commission. Both farm and non-farm citizens place a high value on natural resources. He briefly discussed towns taxing themselves. He stated that the money would be paid primarily to farmers but it would be circulated around the county.
Ms. Audrey Parker, representing the Glacial Area Conservancy Federation, appeared in opposition. She is a specialist in area property rights and this plan will destroy free enterprise in the County. The only way that the government can buy these rights it is use tax money. Property owners would be coerced into selling because property around them is being sold. She was afraid that if a property owner didn't voluntarily sell their property it could be condemned.
Mr. Phil Craker, Town of Winfield Chair, appeared in opposition. He stated that entering into the program should be a town decision. The towns should be allowed to protect the land in their own way, possibly by a comprehensive town plan. Approving of the selling of development rights has always been a close vote.
Mr. Franklin Cook, appeared in opposition. This program is socialism instead of free enterprise and free enterprise built America. Taxes in the Town of Greenfield have increased 8 fold. The town doesn't have any industrial or commercial uses so the farmers have to pay for it. The people in Sauk County don't want this because it will increase taxes. There are other things that could be done. He said that the Bluffs were not loaded with homes and never would be.
Ms. Christy Catterson, appeared in opposition. If farmers want to preserve the land then they shouldn't sell the development rights. The owners would get money up front, but the taxes will increase. She wanted a promise that the owners in the program would be allowed to continue to use the land as they wanted. The Department of Natural Resources has been very eager to buy up property to make a nature preserve.
Mr. Ray Schroeder, a member of the Westfield Land Use Committee, appeared in opposition. Mr. Schroeder stated he had done research on "coming to America." Our ancestors were fed up with state control. He said that they didn't own their land, just worked it. Hitler also said that these measures where being done for the farmers. Let's not repeat history.
Mr. John Schmitz appeared in opposition. He was in opposition to the way that the program was being funded.
Mr. Duane Hohl appeared in opposition. He said the Town of Fairfield was working on a comprehensive plan. He said the town was trying to preserve the farm land and doesn't want to use this plan at this time. He was against this plan because it was forever. He said that zoning would be a better way and it can be changed. He also felt that there would be several agencies that would own the development rights. He said that no purchase of development rights could outbid a Menards, for example. He also questioned the type of property that would be purchased. Why buy development rights on a parcel that couldn't be developed in the first place. He thought the public should be better informed before they entered into this program.
Ms. Andrea Lombard, representing District #14 on the County Board of Supervisors, appeared in opposition. This program is an encumbrance to property owners. This program is a step toward serfdom and socialism and away from freedom.
Mr. Marcus Gumz appeared in opposition. He stated that the power to tax is the power to destroy and the bureaucrats want the control.
Mr. Sylvester Budig appeared in opposition to the program. He also felt this program was socialism and they are trying to destroy the Constitution.
Ms. Judy Klemm, registered in opposition.
Ms. Wanda Nims appeared in opposition. She stated that she loved the land just like Mr. Budig did. When this country was developed it was agreed that the government should own very little of the land. Property owners should not be encouraged to sell their rights.
Ms. Laurel Massingill registered in opposition.
Mr. William Weitzel registered in opposition and was not available to speak.
Mr. James Loechler registered in opposition.
Mr. Tony Klemm appeared in opposition. He stated that the surveys were misleading and questioned survey figures.
Ms. Jennifer Grant registered in opposition.
Mr. Junior Gurgel registered in opposition.
Mr. John Carroll registered as interest may appear.
Mr. Ralph Marquardt registered as interest may appear.
Mr. Jerry Halweg registered as interest may appear.
Mr. Tom Broughton registered as interest may appear.
Mr. Ronald Zeman appeared in opposition. He stated that he remembered when the farmers were removed from the Badger Ordnance property with no opportunity to buy the property back.
Mr. Jim Fortier appeared in favor. He stated that this was a voluntary program and it was not coerced. This was one more tool available to maintain the rural character and prevent development of county land.
Seeing no one else wished to speak, Chairman Wiese closed the public portion of the hearing at 12:15.
Mr. Lehman was concerned about what kind of fiscal note would be attached to this resolution if it went to County Board. He stated that if the towns wanted to tax themselves maybe this should be a town program.
Mr. Gaalswyk stated that the County could reserve the right to not purchase development rights of land that could not be developed anyway. He also stated that when he ran for election he wanted to be involved in this particular vote. He wanted to see this plan adopted.
Mr. Wiese stated that he would never consider selling his development rights because it is forever. He stated that it was a voluntary program and if the money is available he would support the program.
Mr. Sprecher agreed. He stated that it wasn't for everyone but it should be available to those that wanted it.
Ms. Ashford also agreed. The property owner still owns the property and needs to pay taxes on it. Some farmers may need the program to survive.
Mr. Gaalswyk stated that even with the sale of the development rights, all other rights of ownership remain.
Mr. Lehman asked how property in the CRP program would be handled.
Mr. Tremble stated that the towns could manage the program if they wanted it. Townships could nominate land for consideration.
Mr. Gaalswyk asked if the County had to be in the program in order for towns to be eligible. The effect of other programs on the sale of development rights was discussed. The percent of farmers in special programs was also discussed. Mr. Lehman stated that he didn't think building should be allowed on prime farm land.
Motion by Gaalswyk, seconded by Sprecher to approve Petition # 23-2004 to review and adopt the Sauk County Preservation Plan and implementation of the Sauk County Preservation Program per Sauk County's commitment to the Memorandum of Agreement concerning USH 12 between Middleton and Lake Delton, Wisconsin. Mr. Gaalswyk stated that he accepts that fact that there would be some public cost and people are willing to do that. He stated that his constituents had asked that he support this program.
Motion carried 4-1, with Lehman in opposition.
Mr. Gurney briefly reviewed the number of permits issued so far this year compared to previous years.
Mr. Gurney stated that the draft ordinance regarding clustering was finished and would go to the Department of Agriculture for review.
The next item for discussion was naming Ms. Allegra Zick to the Natural Beauty Council. Motion by Gaalswyk, seconded by Lehman to appoint Ms. Zick.
Motion carried, with Sprecher abstaining.
The Committee briefly reviewed the Planning and Zoning Department budget and had no comments. It will be brought back for a more thorough review and discussion at the next meeting.
The Committee then reviewed the voucher list as presented. Motion by Lehman, seconded by Gaalswyk to approve the vouchers in the amount of $2,463.43.
Motion carried.
The next meeting is scheduled for Tuesday, September 14, 2004.
Motion by Ashford, seconded by Sprecher to adjourn.
Motion carried.
Respectfully submitted: Judy Ashford, Secretary