Plan Commission Meeting Minutes
Town of Stanton Plan Commission Minutes: August 15, 2012
Chairperson Mittlestadt called the meeting to order at 7:00 pm at the Stanton Town Shop in Knapp.
Present: Members Tim Mittlestadt, Jack Clark, Tony Finder, James Chich and Cindy Griffin. Also present: Jim Michalski, Steve Stuhr, and Pat Smith.
Draft minutes from the August 8th meeting were distributed and reviewed. Motion by Chich?Mittlestadt to approve minutes. Motion carried.
Mittlestadt indicated that the Town Board wants to have the Plan Commission present the draft ordinances at a meeting that includes town legal counsel Terry Dunst and Cedar Corporation consultant Scott McCurdy. It was agreed that MIttlestadt would obtain open dates from Dunst and Griffin from McCurdy which would then be coordinated with Planning Commission member availability. The Town Board would then be notified of the date(s) that work for all. Mittlestadt reports that the Town Chairperson does not wish to accept public comments at this meeting.
Lengthy discussion followed on how to make the ordinance drafts prepared by the Planning Commission available for review by all interested township residents. It was decided that changes proposed by the Town Board would be included on a separate sheet so residents could see both the original language and the proposed revisions. We will recommend to the Town Board that copies of the ordinances and proposed revisions be mailed to all households in the township. Griffin will obtain a copying cost from our printer.
Pat Smith noted that Marvin Lansing used to send a regular newsletter to township residents and that a newsletter like this could be used to keep residents informed regarding ordinances and revisions.
Knapp was reported to be holding a meeting tonight to discuss ordinances.
Discussion followed regarding whether revisions to Stanton’s proposed ordinances will apply to existing operations.
Steve Stuhr from Milestone reported that all their Downing pit vehicles have now been converted to the “white noise” alarm systems. He also described an air monitoring study being conducted by several mining operations, including the Downing pit. Two monitors have been placed in secured locations both upwind and downwind of the mine. Stuhr plans to make the resultant data available to the Planning Commission. DNR and EPA rules govern the study.
Pat Smith requested that a notice be published in the newspaper when the Town Board schedules their meeting to seek input on the ordinance drafts.
The agenda for the next Stanton Plan Commission meeting at 7pm on August 22nd will include discussion of how and when the ordinances will be presented to the Town Board and township residents and recommendations for application and citation fees for nonmetallic mining and blasting.
Motion by Mittlestadt/Clark to adjourn at 8:11 pm.
Submitted by: Cindy Griffin, Planning Commission 8/15/12
Board Meeting Minutes
Board Meeting minutes of August 20, 2012
Present: Chairman Monn, Supervisors Tim Mittlestadt Jr. and Bob Anderson, Maitenance Kevin Finder, Clerk-Treasurer Valerie Windsor and townspeople Jack Clark, Kevin Ullom, Pat Smith, Jim Michalski, Cindy Griffin
Chairman Monn called the meeting to order at 7:10pm at the Stanton Town Shop, Knapp, WI
Motion to approve minutes as mailed was made by T. Mittlestadt Jr., 2ndby B. Anderson. Approved
Treasurer’s Report: Balance on hand July 1, 2012 $2,624.59
July Receipts $108,180.29
Less July Disbursements $76,901.65
Book Balance as of July 31, 2012 $33,903.23
Motion to approve Treasurer’s Report as mailed was made by B. Anderson, 2ndby R. Monn. Approved.
Motion to approve Vouchers and Checks was made by B. Anderson, 2ndby T. Mittlestadt Jr. Approved.
Maintenance Report: Matt Thompson requested and was approved for a driveway permit. Dunn Co. Hwy. called about inspecting bridges, they wondered if we wanted them to inspect all bridges including the ones under 20’ (which is what is required). Scott Construction finished seal coating. Fall roll off date is set for Saturday, September 22nd9am-1pm. Kevin will contact Waste Management.
Chairman Report: Last Monday’s meeting (Town’s Assoc.) was concerning “policing” ordinances. Rich is going to meet with Sheriff Dennis Smith to discuss with him the enforcement of our ordinances. Rich will bring this information back to the board. Melissa Gilenbach was going to be here tonight to present us with a check (agenda item #1), there was a family emergency and she was unable to be here. They will send us the check in the mail.
Supervisor Reports: Tim gave the board a copy of the rough drafts of the blasting ordinance and the nonmetallic mine operator license ordinance that the Plan Commission has been working on. The Plan Commission feels that every household in the township should receive a copy in the mail. Cindy Griffin did a cost estimate for getting these out to everyone. Without postage it would be roughly $500. Plan Commission will first meet with the board to go over concerns, then come up with a date to have a public meeting to go over all. Cedar Corp. will charge us approximately 250.00 to come out to this meeting as it is over and above the original bid. Suggestion was made that we send a letter to everyone stating that several copies will be made available at the town shop and if they want to read it they can come get a copy. Another suggestion was made that we have several copies readily available, ex. Board members/plan commission members houses, the town shop, and give residents the opportunity to come get one if they want one. Motion was made by recommendation from the Plan Commission that one copy of the ordinances be sent to every household by T. Mittlestadt, 2ndby B. Anderson. 1 nay. Approved. We would like the attorney and engineer (Cedar Corp) to be here for any questions at the residential meeting. The night of the meeting we will have a vote to approve/disapprove the ordinances. Motion was made to pay Cedar Corp. the $250 to come to the meeting to answer questions of the township by T. Mittlestadt, 2ndby B. Anderson Approved.
Clerk-Treasurer Report: All Audit materials have been taken to Wipfli, they will keep me updated and hope to finish within the next few weeks. Question on recent fire call bill. Brush fire caused by sparks flying off of train, should I try billing the railroad? Val will send the bill to Union Pacific.
Public Comment: Thanks for putting agendas/minutes on the website. Suggestion was made that we sent out newsletters more often.
New Business: WI. Emergency Management will send out a check by mail for the 2010 flood damages. This will be approximately $18,000.
Fire Ordinance: WI Emergency Management suggested that we put “board approved” on the ordinance, this will clarify to the town residents that the board is approving the burning. The motion was made to go ahead with the proposed changes by B. Anderson, 2ndby R. Monn. Approved.
Animal Control Ordinance: Rich handed out a sample ordinance for the board members to look through, Rich will also talk the Sheriff about this and how they would handle the enforcement issues. This will be tabled until the board has had a chance to look through this and the sheriff can respond.
Motion was made to adjourn the meeting by B. Anderson, 2ndby T. Mittlestadt Jr. Approved.
Meeting adjourned at 8:05pm
Plan Commission Meeting Minutes
Town of Stanton Plan Commission Minutes: August 22, 2012
Chairperson Mittlestadt called the meeting to order at 7:02 pm at the Stanton Town Shop in Knapp.
Present: Members Tim Mittlestadt, Jack Clark, Tony Finder and Cindy Griffin. Not present: Jim Chich. Also present: Bob Fitzwilliam, Steve Stuhr, and Pat Smith.
Draft minutes from the August 15th meeting were distributed and reviewed. Motion by Clark/Mittlestadt to approve minutes. Motion carried.
Mittlestadt reported on the August 20th Town Board meeting. The Board approved mailing of the ordinance drafts to households in the township at an estimated cost of $800 for copies, envelopes, and postage. The Board also approved the estimated $250 fee for Scott McCurdy from Cedar Corporation to answer questions at the special meeting to review the ordinance drafts. McCurdy has suggested that the Town Board members submit their questions in advance if possible. Griffin will continue trying to coordinate available evenings for McCurdy and Dunst, then Mittlestadt will finalize the meeting date and notify the Town Board and Planning Commission members. The Town Board has agreed that the public will be permitted to comment on the ordinances at the special meeting, and it is possible that the Town Board will vote on the ordinances at the end of that meeting.
Griffin indicated that UW-Extension resources as well as the township ordinance creating the Planning Commission suggest that PC recommendations are advisory to the Town Board. Griffin was asked to contact the Towns Association to clarify our role with regard to the ordinances. Motion by Mittlestadt/Clark to have the PC formally vote on recommendations that are to come before the Town Board for further action. Motion approved unanimously.
Motion by Mittlestadt/Finder to select one of three dates for the special township ordinance review meeting after contacting Dunst and McCurdy regarding their availability on September 18th, 20th or 24th. Motion approved unanimously.
It was agreed that the PC members will stuff envelopes for the ordinance mailing at their next meeting. The page itemizing proposed revisions will be attached with a page reference number for each proposed revision. Griffin will check with the Town Clerk on the exact number of copies needed and get copies made after the meeting date is finalized
Lengthy discussion followed on how the new ordinances are to be enforced. If an operator is found to be in noncompliance with the ordinances via routine third party monitoring or citizen complaints, there may be a meeting with the operator, a letter to the operator, a citation or fine, or all of the above. It needs to be clarified who will issue citations, and what happens if the operator doesn’t address the problem(s) or pay the fines. Resident Bob Fitzwilliam noted that typically this would be the point where the township would initiate court proceedings. Fitzwilliam noted that in townships under county zoning, the county handles any court action required at no cost to the township. Griffin was asked to contact WTA and Cooks Valley to find out how township nonmetallic mining ordinances can be enforced. If possible, the PC would like to have a speaker from another unzoned township discuss how they enforce their ordinances.
Clark agreed to do further research on application and citation fees for nonmetallic mining and blasting operations in other townships that regulate mines under their own ordinances.
There will be a session at the Knapp Village Hall on August 30th from 7-10 pm for area township officials featuring guest speakers on sand mining issues. Speakers are to include Kelly Owen, Glenn Stoddard, Ron Koshoshek, and Tom Quinn.
The agenda for the next Stanton Plan Commission meeting at 7pm on September 5th will include discussion of the special public/Town Board meeting on ordinances, further discussion on ordinance enforcement and fees and citations, and stuffing envelopes for the ordinance mass mailing.
Motion by Mittlestadt/Clark to adjourn at 8:05 pm.
Submitted by: Cindy Griffin, Planning Commission 8/27/12
Town of Stanton Plan Commission Minutes: August 8, 2012
Acting Chairperson Jack Clark called the meeting to order at 7:00 pm at the Stanton Town Shop in Knapp.
Present: Members Jack Clark, Tony Finder, James Chich and Cindy Griffin. Excused: Tim Mittlestadt. Also present: Jody Slocum, Tim Moran, Jim Michalski, Steve Stuhr, Pat and Bob Smith, Bob Anderson.
Draft minutes from the July 25th meeting were distributed and reviewed. Motion by Clark/Chich to approve minutes. Motion carried.
Griffin reviewed correspondence with Scott McCurdy regarding questions from the July 25th Plan Commission meeting:
McCurdy agrees that “sensitive property boundary” could be defined as something like “Any boundary for which site noise and appearance may be of concern due to proximity to other land uses”
McCurdy suggests adding “transfer facility” to the definition of site.
With regard to adding ordinance language requiring public notification when a mining application is received or developer’s agreement is being negotiated, McCurdy suggested that it would be preferable to announce receipt of the application at plan commission and board meetings so it is noted in the minutes which the public can view.
Invited guest Dan Fedderly (consulting engineer, Town of Sherman chairperson, Wisconsin County Highway Association director) shared his ideas and experience with regard to enforcement of nonmetallic mining and other ordinances. His presentation included the following points:
- A proactive approach to preventing contamination from waste material used in the reclamation process is to have a process and testing protocol in place that requires checking the material before and after it is used in reclamation.
- Typically, the township would have an ordinance, the operator would submit an application as required, then the township would do a site visit and meet with the operator to discuss what the operator has proposed in relation what is required by the ordinance. Site-specific negotiation and detail would be included in a separate developer’s agreement. A draft of a developer’s agreement would typically be negotiated in closed session; then released for public input prior to finalization. Fedderly emphasized the need for township officials to have a detailed discussion with the operator about how the ordinance requirements will apply at their specific site, rather than just handing the operator a copy of the ordinance to review.
- Fedderly stated that the key to enforcement is balance, which is the role of government. To balance the interests of the public and the operator, it is advisable to involve a third party expert who can provide unbiased information for use in decision-making. Some townships use a model in which they have a contracted township engineer as well as an independent field tester. The independent field tester’s findings are then reviewed by the township’s contracted engineer, who makes recommendations to the township to protect their best interests. All the consultant costs are the responsibility of the mine operator. This model also helps protect the town chairperson and board in their decision-making process.
- Addressing an ordinance violation requires verification of what activity actually occurred, determining the degree of violation, and establishing a time frame for the operator to attain compliance.
- In Cooks Valley, they found that quiet during the 6-8 pm weeknight time is very important to townspeople and so are renegotiating hours of operation. Early morning hours (5 am on) are viewed as less problematic.
Griffin stated that she had asked Dunn County supervisor Joe Plouff whether one enforcement option might be an intermunicipal agreement in which Dunn County would administer and enforce township ordinances. (This option has been used in Chippewa County.) Plouff expressed considerable concern about Stanton’s vulnerability in being an unzoned township. Griffin asked Fedderly about his views on county zoning as a means of ordinance enforcement.
Fedderly indicated that Sherman is zoned and that zoning adds an additional layer of public protection by limiting mining operations to areas with industrial zoning and requiring public notice before an area is rezoned industrial. Towns also have veto authority under Dunn County zoning so retain local authority.
Discussion followed regarding how a nonmetallic mining ordinance should be part of a comprehensive set of municipal ordinances, whether at the township or county level.
Clark indicated that zoning was not on the agenda and should not be the subject of discussion.
Fedderly discussed haulage fees. If the fee is based on tons coming out, it is a form of taxing revenues that may face court challenges. In Cooks Valley and Sioux Creek, a detailed cost impact analysis has been done and the mine operator has been asked to write the township a check for costs based on maximum projected road use, etc. There is an initial improvement fee as well as an annual maintenance fee. As an example, Fedderly noted that 24 hour hauling may require ongoing plowing and salting of the roads in winter, so the operator may be asked to pay for an additional highway truck and/or driver and a salt shed.
Discussion followed. The committee thanked Fedderly for his presentation.
The Town Board would like to have the Plan Commission present the draft ordinances, possibly with Cedar Corporation and the township attorney present. Anderson expressed concern about the difficulty he has had in obtaining information about the Planning Commission’s work and copies of previous ordinance drafts. Griffin noted that comprehensive minutes are provided regularly to the Town Clerk for distribution and posting.
The agenda for the next Stanton Plan Commission meeting at 7pm on August 15th will include discussion of how and when the ordinances will be presented to the Town Board and township residents.
Motion by Clark/Chich to adjourn at 8:25 pm.
Submitted by: Cindy Griffin, Planning Commission 8/8/12