HomeMy WebLinkAbout02 Approved 02-02-2023 CSZD MinutesGRANT COUNTY CONSERVATION, SANITATION, & ZONING
COMMITTEE MEETING
February 2, 2023
9:00 a.m.
Room #266, Grant County Room, Administration Building
Lancaster, Wisconsin
The Grant County Conservation, Sanitation & Zoning Committee meeting was called to order on February 2,
2023, at 9:00 a.m. by Gary Northouse, the Conservation, Sanitation, Zoning Committee Chairman in Room #266,
County Room of the Administration Building.
Board members present in the County room #266: Porter Wagner, Gary Northouse, Joe Mumm, Adam Day, Pat
Schroeder, and Brian Lucey. Others present in the County room; Erik Heagle, Annette Lolwing, Robert Keeney,
Justin Johnson, Greg Cerven, Ben Schroeder, Emily Schildgen, Kalleen Shaw, and Shelby Shaw.
Certification of Open Meeting Law
Annette Lolwing sent the agenda to Tonya White and Karla Schwantes to post in the Courthouse, in the
Administration Building, and on the website. An agenda was also posted in front of the Ag Service Center
Building. An agenda was also sent to Bob Middendorf, WGLR. Media notices were sent to Tonya White, Karla
Schwantes, Herald Independent, Platteville Journal, Muscoda Progressive, Boscobel Dial, Fennimore Times, and
Bob Middendorf.
Approval of February 2, 2023, Agenda
Motion by Pat Schroeder, seconded by Brian Lucey to approve the agenda. Motion carried.
Approval of the January 5, 2023, Minutes
Motion by Porter Wagner, seconded by Joe Mumm to approve the January 5, 2023, minutes. Motion carried.
Review & Accept the Bills
Motion by Adam Day, seconded by Joe Mumm to accept the January bills. Motion carried.
Public Hearing for Rezones
Chairman Northouse opened the Public Hearing
#RZ23-02 Wisconsin Badger Camp Inc., Millville Twp. is requesting to change the zoning classification on PIN:
036-00339-0000, 036-00333-0000, 036-00330-0000, 036-00334-0000, and 036-00335-0000 of +/-136.72 ac.
from FP to CFR to allow for the continued use of a recreation camp.
In Favor: Millville Twp. approved on August 19, 2022.
In Opposition: None
In Interest: None
Committee Discussion: None
Chairman Northouse closed the Public Hearing
Motion by Adam Day, that the items are concurrent with all the conditions on the Farmland Preservation
Worksheet and to recommend approval of the rezone to the full County Board, seconded by Joe Mumm. Motion
carried. See Attachment A Worksheet.
Chairman Northouse opened the Public Hearing
#RZ23-03 Steve & Delores Bollant, Clifton Twp., are requesting to change the zoning classification on PIN: 012-
00348-0000 of +/- 4.15 ac. from FP to R-3 to allow for the proposed use of a lodge home (short term rental).
In Favor: Clifton Twp. approved on January 7, 2023.
In Opposition: None
In Interest: Justin made a couple of clarifications on this rezone. The boundary line on the map is not correct.
According to the survey, the Southern fenceline going East to West is the correct boundary line. By rezoning this
to a CUP, it would reduce the setback from 30’ to 25’. Justin was out to the site and had measured 50’ from the
home to the fence, where the minimum requirement would be 25’. This rezone is a conversion proposal, they are
not requesting any additions to be constructed. This is for a short-term rental (Airbnb). If this rezone is approved,
it would go into a residential district which would still allow for the crop ground to be either cropped or pastured.
Committee Discussion: Porter Wagner asked about the short-term rental: it is going to be an Airbnb. Per state
regulations through DATCP, they need to have a business license for short term rentals. Porter asked if they
approve the rezone, they then come back to request a Conditional Use Permit? Yes, that is correct. What if they
decide to construct a building or a shed for livestock? They can construct a building, or a livestock shed because
the parcel of land is still owned by the Bollant’s. They have no intentions to construct a shed.
Chairman Northouse closed the Public Hearing
Motion by Pat Schroeder, that the items are concurrent with all the conditions on the Farmland Preservation
Worksheet and to recommend approval of the rezone to the full County Board, seconded by Adam Day. Motion
carried. See Attachment B Worksheet.
Public Hearing for Conditional Use Permits
Chairman Northouse opened the Public Hearing
#CUP23-001 Snake Hollow LLC, Potosi Twp., is requesting a Conditional Use Permit on PIN:052-01060-0000
and 052-01063-0000 of +/- 8.0 ac. to allow for the continued use of nonmetallic mining under Section 3.05 E (3)
of the Grant County Comprehensive Zoning Ordinance.
In Favor: Potosi Twp. approved on November 21, 2022. Ben Schroeder.
In Opposition: None
In Interest: Potosi Township placed 15 conditions on the Snake Hollow LLC parcels.
1. Dump trucks will only travel north on River Lane Road from mining site to State Highway 133 unless
making local delivery.
2. Kowalski-Kieler, Inc. will not operate equipment or dump trucks on holiday weekends.
3. Truck traffic will operate only from 7:30 a.m. to 4:30 p.m. on site equipment will operate 7:00 a.m. to 5:00
p.m., Monday through Friday, except during the period of time between Memorial Day and Labor Day the
truck traffic hours of operation for Fridays shall only be from 7:00 a.m. until 3:00 p.m.
4. Neighbors shall be emailed when dewatering pumps are to be used on site. When dewatering is required
smaller pumps are to be used.
5. Backup warning on all dump trucks and equipment shall comply with MSHA regulations. Repetitive
motion machines (like loaders and skidsteers).
6. Dump trucks shall not use compression brakes on River Lane Road.
7. Any damage done by Kowalski-Kieler, Inc. to River Lane Road at the entrance to the mining site shall be
repaired at the expense of Kowalski-Kieler, Inc.
8. Kowalski-Kieler, Inc. will meet annually with residents of Potosi Township to address any issues or
concerns relation to their operation of the mining site.
9. All weeds shall be cut and/or sprayed or otherwise maintained on the mining site no less than 3-4 times
per year.
10. The mining site shall not be used for any concrete plant or asphalt operations.
11. The Conditional Use Permit shall be used for the removal of sand, river gravel, and black dirt only.
12. Kowalski-Kieler, Inc. shall provide the Grant County Administrator with a copy of all complaints filed by
Potosi Township residents which can be considered in regard to any proposed renewal or extension of
Kowalski-Kieler, Inc. Conditional Use Permit.
13. The pond to be constructed at the mineral site shall have a 4 to 1 slope.
14. Kowalski-Kieler, Inc. shall immediately clean up any sand spill on River Lane Road as a result of its
mining operations.
15. Materials may only be brought in if they are assisting in the making of sand.
Looking at the mining boundary map there was an area that went outside of the mining boundary. This did relate
back to an Order for Correction. Order for Correction stated that they needed to obtain a DNR permit and to
update their reclamation plan. The DNR permit was obtained in August 2022. The reclamation plan was updated
in September, which went through the Southwestern WI Regional Planning Commission, the last step of the
Order for Correction is to obtain a Conditional Use Permit. If this CUP is approved today, it will close the Order
for Correction on this property.
Committee Discussion: Joe Mumm questioned condition #7. What about any damage done to River Lane Road at
the entrance to the mining site? Ben stated that the specific entrance site is paved up the hill to the road with a
wide apron. When they are hauling sand, they do have a broom to sweep off any sand that spilled. Joe also asked
about the definition of immediately clean up any sand spill on River Lane. What is classified as immediately?
Ben stated that is usually swept daily or when they have been notified of any spillage on the roadway they will
have someone there within an hour to get it cleaned up. Within the 15 conditions listed on the Conditional Use
Permit, the name Kowalski-Kieler will be changed to Kowalski-Kieler, Inc. d/b/a Bard Materials. Ben Schroeder
also added that if there were any complaints, he sent them annually via email to the Zoning Technician, Justin
Johnson, and the Administrator, Erik Heagle. Bard Materials. wants to address any issues immediately for the
fact that these complaints may end up in court. The current Conditional Use Permit expires on March 6, 2023.
Non-metallic Mining Conditional Use Permits have a life span of 5 years.
Chairman Northouse closed the Public Hearing.
Motion by Pat Schroeder, to recommend approval of the Conditional Use Permit with a few changes to the
Conditions. Change the wording to have the words “dump truck” (condition 1) replaced by the words “delivery
trucks”, to make the name change of “Kowalski-Kieler Inc.”, to “Kowalski-Kieler, Inc., d/b/a Bard Materials”
(throughout the conditions), and to also replace the word “immediately” to “report debris on the road and to
remove within 24 hours of notification or observance” (condition 14), seconded by Adam Day. Motion carried.
See Attachment C Worksheet.
Chairman Northouse opened the Public Hearing
#CUP23-002 Kowalski-Kieler Inc., Potosi Twp., are requesting a Conditional Use Permit on PIN:052-01076-
0000 and 052-01065-0000 of +/- 16.0 ac. to allow for the continued use of nonmetallic mining under Section 3.05
E (3) of the Grant County Comprehensive Zoning Ordinance.
In Favor: Potosi Twp. approved on November 21, 2022. Ben Schroeder.
In Opposition: None
In Interest: Justin reported that CUP23-002 had the same set of conditions as CUP23-001. Justin read the 5
standards of the Conditional Use Permit for Non-Metallic Mining in Farmland Preservation.
Committee Discussion: None
Chairman Northouse closed the Public Hearing
Motion by Porter Wagner, to recommend approval of the Conditional Use Permit with the same conditions that
were previously brought forth from CUP23-001, seconded by Brian Lucey. Motion carried. See Attachment D
Worksheet.
Zoning/Sanitation Report
Erik reported that there were 6 new sanitation permits issued as of January 31, 2023. In 2022, there were 170
total sanitary permits issued, 2,484 3-year maintenance forms sent out, 281 holding tanks maintenance forms sent
out, 139 septic systems installed, 50 order for corrections, and 151 citations sent out.
There were 17 zoning permits issued as of January 31st, 2023. There were 10 zoning permits issued in 2022. As
of January 31st, there were 5 Public Hearings in 2022 and 2023. Court update: Griswold case: state granted
extension to February 23rd. There were 2 trials that occurred for the same landowner on January 23, 2023,
regarding a barn and pole shed built without permits. Update: Landowner was guilty by default (did not appear).
1 status conference scheduled for May (Leffler case). Court was given misinformation from defendant re:
ordinance being updated. This is not true. 1 status conference scheduled (Griffin) for February 22nd, continued
from April 20, June 15, July 13, September 7, October 31, and December 28. Pled not guilty so he could apply
for a variance. Update: BOA public hearing will be scheduled when we receive the Town Participation Form.
There are 6 intakes scheduled for February 6, 2023. There are 23 active orders for correction. Includes citations
that have not been corrected. There were 6 orders for corrections issued on January 6, 2023; 2 have been
resolved. Justin Johnson has been working on preconstruction and final construction appointments with zoning
permit applicants.
WDACP Deer Damage Claims: Greg Cerven
Greg Cerven reported that 5 landowners had applied for the Wildlife Damage Program. The appraised loss of
crops for those 5 landowners was of $69,193.29, the claim payment they received was a total of $40,665.21.
Motion by Pat Schroeder, seconded by Gary Northouse to approve the 5 Wildlife Damage Abatement Claims
Program claims. Motion carried.
Farmland Preservation Program
Erik reported that there is 1 new applicant adding +/- 400 acres and 1 re-enrolling adding +/- 330 acres back into
the program.
County Cost Sharing: Beginning Balance $47,308.91/Ending Balance $45,793.66
Erik stated that the beginning balance brought forth in January was incorrect due to a spreadsheet issue. The
correct cost share balance is shown for February.
Erik presented tentative approval request for county cost sharing on a well decommissioning for Kieler Farms
Inc., Harrison Twp., $520.00, (Farmstead). Motion by Adam Day, seconded by Joe Mumm to approve Kieler’s
well decommissioning request. Motion carried.
Erik presented tentative approval request for county cost sharing on a well decommissioning for Kieler Farms
Inc., Harrison Twp., $250.00, (Pasture). Motion by Joe Mumm, seconded by Porter Wagner to approve Kieler’s
well decommissioning request. Motion carried.
Erik presented final approval request for county cost sharing on a well decommissioning for Eagle Valley-Kohler
Co., Glen Haven Twp., $745.25. Motion by Porter Wagner, seconded by Pat Schroeder to approve the payment.
Roll Call: 6 Yes, 0 No, 0 Excused. Motion carried.
SWRM Cost Sharing:
2022 DATCP Cost Sharing: Beginning Balance $4,931.12/Ending Balance $4,931.12
2023 DATCP Cost Sharing: Beginning Balance $52,681.12/Ending Balance $45,681.12
Erik presented tentative approval request for 2023 DATCP cost sharing on a diversion/access road project for
Steven & Christine Wagner, Waterloo Twp., $7,000.00. Motion by Adam Day, seconded by Brian Lucey to
approve Wagner’s diversion/access road cost sharing request. Motion carried. Porter Wagner abstained.
2021 MDV Cost Sharing: Beginning Balance $0.00/Ending Balance $0.00
Storage Permit Approval
Erik reported that there are no permit approvals. There are 3-5 possibly down the road.
CSZD Administrator Report
Meetings
- Erik, Justin, and Brad had their monthly POWTS update meeting on January 10th.
- Erik met with Tom Weigel, Platteville Town Chair on January 12th. Discussed the camper ordinance and
talked about having a Zoning/Sanitation 101 training for all the townships this year. Erik spoke with Tonya
White to try to coincide it with one of the townships quarterly meetings. We would recommend the
committee to attend when it’s scheduled.
- On January 23rd, Erik had a NR135 meeting at Ben Wood’s office (non-metallic mining) regarding a
reclamation site.
- The first Grant County Hazard Mitigation meeting is scheduled for February 2nd, at 1:00 p.m.
- April 4th is the LWRM 5-year update with the state conservation board. May be in Madison or may be on
Zoom. Gary and Erik to attend.
Information
- John, Annette and Erik are going to attend the WL+W Conference March 1-3 in Wisconsin Dells.
Erik is presenting on Thursday. March committee meeting needs to be moved to sometime during the first
full week of March. Rescheduled to March 7th at 9:00 a.m. County Board Room should be available.
- The Soil Conservationist position has been filled. Brady Bartels will be starting on May 22nd. He graduates
from Fox Valley Tech on May 14th.
- The Zoning (& Sanitation) Technician has been filled. James (Jim) Bergles will start on February 27th.
- Erik was asked to possibly speak and present at the Iowa Zoning Conference in Dubuque in May.
- Looking at adding an additional fee to the sanitation fee schedule. In-house gravity at-grade plans can be
done in house without sending them up to the state. Fees would stay here instead of going to the state
(=/- $10,000 a year average). Brad and Erik will talk about it for the March meeting. They can possibly get
other designations for in-house approvals down the road.
- Erik is looking at adding language to the POWTS and Comprehensive Zoning ordinance to state something
to the effect of, “if you have a current violation, no permits will be issued until satisfied.
- There is a POWTS Service providers meeting (with Grant & Lafayette counties) scheduled for March 22nd
in the auditorium of the Youth & Ag Building.
- Tree Sale deadline is February 17th. As of January 31st, we have 60 orders and 5,725 trees sold.
- The new Farmland Preservation maps were sent out to all the town chair people this week for review. There
will be more “green” showing up on the maps due to changing the LESA score numbers to allow for more
accessibility in Farmland Preservation. DATCP is currently reviewing the maps.
- Our annual staffing grant money through DATCP looks to be going down. The staffing grant approval will
be coming to the committee in March or April.
- Erik is beta testing a conservation modeling tool for NRCS. Hopefully will be rolled out state-wide at some
point.
Continuous Improvement Update
- On January 10th there will be a DSPS webinar for POWTS continuing education credits. The next webinar
will be February 14th.
- February Zoning Leadership Workshop will be in Wisconsin Dells on the 21st and 22nd.
NRCS Report
Erik presented the NRCS Report for Mike Adams.
- EQIP ranking deadline is on February 3rd.
- CSP – CSP Classic Application deadline is February 10th.
FSA Report
Emily Schildgen reported that they have not heard anything on the general CRP sign-up. Melissa is
working on the continuous CRP offers.
They are in the middle of ARC/PLC (Ag Risk Coverage/Price Loss Coverage) sign-up. Deadline is March
15th.
Emily reported that she is 3 employees short in the FSA office.
Emily reported that they had 2 new programs that came out last week. Pandemic Assistance Revenue
Program (PARP) and Emergency Relief Program (ERP phase two). Both programs will be looking at
revenue. Producers can pick whether they want to use 2018 or 2019 for their benchmark or comparison
year. Then it will be compared to 2020. PARP is looking at ag producers of Ag Commodities that had a
15% or greater decrease in their allowable gross revenue for 2020 vs 2018 or 2019 whichever year the
producer chooses. On the application and on the fact sheet, there is a table on the back as to what you can
include vs what you exclude when figuring the allowable gross revenue number. Most of them have a line
item on the Schedule F that it applies to. Both the application and fact sheet can be found on the website at
farmers.gov. There are certain FSA payments that are included in the revenue and others are not. You will
need to have your 1099 from that year. Signup deadline for both programs is June 2nd.
ERP phase two is using either 2018 or 2019 for a comparable. ERP phase two is going to apply to 2020
and/or 2021. The thing with ERP phase two you must have a crop revenue loss. You must have a qualifier
disaster event to be eligible. Grant County did not hit a qualifying drought, a D2 or worse in 2020 or 2021.
D2 needs to be on the national monitor for 8 consecutive weeks or longer, or a D3 or higher. The allowable
gross revenue for the 2 programs is different. The application for ERP phase two is one application for both
years.
Emily reported that they have state training in Madison for programs in 2 weeks. They had a 4 hour
National training in December.
The next meeting is scheduled for March 7, 2023, at 9:00 a.m. in the County Board room.
Motion by Pat Schroeder, seconded by Adam Day to adjourn the meeting. Motion carried.
Respectfully Submitted by Annette Lolwing for Porter Wagner