DATE: February 24, 2009
Committee Members Present: Ashford, Gaalswyk, Lehman, and Cassity.
Committee Members Absent: Netzinger.
Others Present: Mark Steward, Mary White, Lowell Haugen, Paul Endres, Benny Stenner, Larry Volz, Steve Sorenson, Brian Simmert, Joe Prem and others.
Chairman Cassity called the meeting to order and staff certified compliance with the open meeting law.
Chairman Cassity requested that item "e" be held until Joe Prem was in attendance. Motion by Ashford, seconded by Gaalswyk that Supervisor Volz be allowed to speak relative to Chapter 22. Motion carried, 3-0. Motion by Gaalswyk, seconded by Ashford to amend the agenda as requested by Cassity. Motion carried, 3-0.
Motion by Gaalswyk, seconded by Ashford to approve the minutes of the February 10, 2009, Committee meeting. Motion carried, 3-0.
Public Comment: Benny Stenner wished to speak regarding sawmills.
Lehman joined the meeting at this time.
Communications: Gaalswyk received a second letter from Jim Birkemeier regarding his sawmill. Lehman had received an agenda for a WCA seminar entitled "Emerging Issues in Wind and Renewable Energy." Attendance at this seminar would be discussed at the March 10, 2009 Committee meeting.
The Committee reviewed the vouchers for the Planning and Zoning Office. Motion by Ashford, seconded by Gaalswyk to approve the vouchers in the amount of $3,074.83. Motion carried, 4-0.
The Committee briefly reviewed the last remaining 5 purchases of development rights for the Baraboo Range Protection Program. This would end the purchasing program, but would take several more months to complete the project. The easement values needed to be renegotiated as there wasn't enough left in the project to fund each one at full easement value.
Discussion followed regarding a request to allow a division of conservation easement protected land for Gibson in the Town of Freedom. A letter from the Town of Freedom was reviewed. The Town is opposed to the request even though they knew they had no jurisdiction in this matter. Motion by Lehman, seconded by Gaalswyk to deny the request. Motion carried, 4-0.
The next item for discussion was possible action regarding sawmills as they related to Chapter 7. Sawmills have changed in previous years. Benny Stenner appeared as a resident of the Town of Spring Green. He considered the type of sawmill Jim Birkemeier was running, a cottage industry. Classification of sawmills was discussed. Board feet sawed, size of engine and number of days of operation were discussed. Sawmills can be considered no different than a piece of farm machinery. Board of Adjustment approval was discussed. Steve Sorenson appeared and stated he had gone back about 10 years and checked out Board of Adjustment approved sawmills. What kind of impact they have on the neighborhood needed to be considered. Motion by Ashford, seconded by Gaalswyk to direct staff to research this matter and report back to the Committee. Motion carried, 4-0. Any amendments to the ordinance would require a public hearing.
Discussion followed regarding Chapter 22 relative to the definition of access easements, lot access and frontage requirements. This amendment was lost on the County Board floor. Larry Volz appeared. Easements on certified survey maps and subdivision plats were discussed. County can't require the roads, it is up to the townships. Recorded easements were discussed. The County Board wanted to see mandatory recorded easements. Easements are drawn on the survey, but there is no recorded easement document. Volz was concerned about width of easement. Counties cannot dictate size of roads, towns can. Town driveway ordinances were discussed. An easement is a legal mechanism to allow access, a driveway is the actual access.
The Committee questioned the exact way this could be brought back to the Board. The Corporation Counsel was requested to address the Committee relative to bringing this matter back to the Board.
A nonmetallic mining operation on County Road A was discussed. This site was used during the DOT project on County Road A which was completed and operation has continued. Steward reported that they are in the process of reclaiming it and would be completed by the end of May. A DOT project doesn't need a permit from the Planning and Zoning Office and the property is located in the Village of Lake Delton. The Village doesn't have an ordinance for this type of activity. DOT should notify Planning and Zoning where the borrow pits are they are planning to use during upcoming road work.
Alene Kleczek, Acting Corporation Counsel, met with the Committee regarding Chapter 22 amendments. If the Committee doesn't make any changes in the amendment, a Committee member that voted against the amendment can bring it back to the Board. If the amendment is changed or the intent is changed it needs to go back for a public hearing. Kleczek requested that the Committee notify her of their wishes. Motion by Gaalswyk, seconded by Ashford to postpone action on Chapter 22 amendments until the March 10, 2009 Committee meeting. Motion carried, 4-0.
The process for making amendments to the ordinances was discussed. It was proposed to take the ordinance section by section and then go to public hearing with all the changes. Simmert stated that the towns need to be included in this process. A complete rewrite was discussed. It was felt this would be a massive undertaking. Simmert proposed to bring a work plan to the next meeting. Motion by Lehman, seconded by Gaalswyk that staff bring a draft work plan for Chapter 7 to the next meeting. Motion carried, 4-0
Assessed value, appraised value and square footage were discussed. A square footage of less than 100 square feet was proposed. More discussion was necessary. Paul Endres appeared and had questions concerning camping on vacant land.
Joe Prem, Town of Franklin Chair, appeared to discuss a conditional use permit for Freida Brei. This permit was approved at the last meeting with the condition that a mobile home on the property would be removed. Prem explained that a family member wished to live in the mobile home while the house is being remodeled. Conditions of the permit were reviewed. The wording in #5 was changed to read "remodeled" instead of "newly constructed".
Motion by Gaalswyk, seconded by Lehman to approve the revised conditions of the conditional use permit.
Discussion followed on the definition of farm consolidation and "an act combining two or more farms to create a smaller number of farms." Lehman left the meeting. State Statutes were referenced and discussion continued. Cassity left the meeting. Lehman and Cassity rejoined the Committee. The original motion was called and carried 4-0.
Motion by Gaalswyk, seconded by Ashford to adjourn to March 10, 2009. Motion carried, 3-0.
Respectfully submitted,
Judy Ashford, Secretary
Notes by mary white.