Board Meeting Minutes
Board Meeting minutes of September 17, 2012
Present: Chairman Monn, Supervisors Bob Anderson and Tim Mittlestadt Jr., Maintenance Kevin Finder, Clerk-Treasurer Valerie Windsor and townspeople Nick Schaff, Jack Clark, Kevin Ullom and Pat Smith
Chairman Monn called the meeting to order at 7pm at the Stanton Town Shop, Knapp, WI.
Motion to approve minutes as mailed was made by B. Anderson, 2ndby T. Mittlestadt Jr. Approved.
Treasurer’s Report: Balance on hand August 31, 2012 $33,903.23
August Receipts $88,027.42
Less August Disbursements $79,355.02
Book Balance as of August 31, 2012 $42,575.63
Motion to approve Treasurer’s Report was made by T. Mittlestadt Jr., 2ndby R. Monn. Approved.
Motion to approve Vouchers and Checks was made by B. Anderson, 2ndby T. Mittlestadt. Approved.
Maintenance Report: Contacted the county about crushed rock on 130th, asked them to use bigger posts on the signs. Kevin was wondering about bidding on Smith Sales (auction ends tonight), they have a lot of 38 folding chairs with rack for 100.00 and one for 45 chairs which is currently at 125.00. Because this is an online auction Mona Finder will be watching it and bidding. She has been authorized to go up to $175.00. (Mona called to let us know, we “won” the bid for $120.00 for 38 chairs and chair rack)
Chairman Report: Rich met with the Sheriff. He wants to meet with us if we implement an ordinance that requires any enforcement by them. They would have a fee for this; however the ordinance would need to state the fee plus any costs related to that. The sheriff will talk to Corp. Council and see what is all involved and get back to us. We would also need to find out what the fees would be to write into our ordinances.
As far as parking on the road and fishing from bridges, we have the right to call and have them towed. They cannot impede traffic.
ATV route: We need to, by law, choose (or not)to allow UTV’s on our ATV roads. We would not need to put up new signs we just need to put in our ordinance that we allow UTV’s.
Bag Sales seem to be a hit at the Knapp gas station.
Rich attended the fire district meeting this past week. There will be weekly meetings until they have everything figured out with all the logistics of how things are going to run.
Tractor tires need to purchased, we will act on this at next month’s meeting.
Supervisor Reports: Val got out the ordinances for the Plan Commission to the residents. Bob and Rich will email any questions they have so the lawyer and Cedar Corp could be ready with their answers. Tim also requested that we hold off on approving or disproving the ordinances at the Sept. 24thmeeting until after the final drafts have been written. Rich agreed that is what we will do.
Clerk-Treasurer Report: I am having issues with someone taking the posted agendas before the meeting has happened.
Received a letter from the attorney, they are increasing their wage base from 150.00/hour to 175.00/hour. They are encouraging us to go with a flat monthly fee.
Fall Banquet Meeting of the Dunn Co. Association on October 23rdat 7pm.
Dunn County Humane Society contract needs to be acted on at next months meeting.
Referendum questions on the November ballot concerning the zone questions will be multiple choice.
New Business: Animal Control Ordinance – example from Black Brook Township. Sheriff Smith is going to talk to Corp. Council and see about making this (Black brook ordinance) a county wide ordinance. We will wait to see what he finds out and table this until the sheriff gets back to us. Bob brought up teacup pigs and would like to “grandfather” into the ordinance as an exotic or nontraditional pet. The board will research this further.
Public Comment: None
Motion to adjourn meeting was made by B. Anderson, 2ndby T. Mittlestadt Jr. Approved.
Meeting adjourned at 8:10pm
Plan Commission Meeting Minutes
Town of Stanton Plan Commission Minutes: September 12, 2012
Chairperson Mittlestadt called the meeting to order at 7:03 pm at the Stanton Town Shop in Knapp.
Present: Members Tim Mittlestadt, Jim Chich, Jack Clark, Tony Finder and Cindy Griffin. Also present: Jim Michalski, Steve Stuhr, and Pat Smith.
Draft minutes from the August 22nd meeting were reviewed. Motion by Mittlestadt/Clark to approve minutes. Motion carried.
Mittlestadt explained that the Town Clerk prepared the mass mailing of the ordinance packet for township residents when the Commission didn’t meet on September 5th. Members of the Commission expressed gratitude, and it was agreed that Mittlestadt would convey our appreciation for her help at a future Town Board meeting.
Griffin reported that the WTA attorney confirmed that the Plan Commission operates in an advisory capacity to the Town Board.
A brief discussion on ordinance enforcement followed. WTA legal counsel indicates that citations can be issued by whoever is authorized by the Town Board. For example, Town Board members, Planning Commission members, the town’s building inspector, and/or a contracted engineering consultant could be designated to write citations for violations of the new mining ordinances. WTA’s legal counsel further indicated that he had never heard of township insurance covering legal costs for a township to sue a mine operator for violation of an ordinance.
Clark handed out fee and fines schedules from other townships and counties. He indicated that further analysis would be needed to determine how to apply this information to our township. It was agreed that the PC would work on this after the September 24thpresentation.
Mittlestadt will get questions from the Town Board members regarding the new ordinances for the town’s attorney and Cedar Corporation before the September 24th public meeting. These questions will also be emailed to PC members. Motion by Clark/Mittlestadt to recommend that Town Board postpone voting on the two mining ordinances until after the September 24thmeeting so a final draft can be prepared with revisions resulting from the public meeting. Motion approved unanimously. Griffin was asked to contact WTA regarding conflict of interest and abstention from voting, and what happens if due to abstention a majority vote cannot be obtained.
Clark and Griffin and Smith reported on the August 30th educational presentation in Knapp. Smith noted that the Department of Revenue speaker clarified that many components of a mine or rail transfer facility are exempt from state property taxes. Smith also noted that Koshoshek had emphasized the need to obtain baseline data before mining operations begin, and that ordinance language specifying “best management practices” is difficult to enforce. Clark indicated that Knapp may be retaining speaker Glenn Stoddard as their attorney.
Under public comments, it was noted that Dunn County’s PR&D committee unanimously voted against rezoning land for the proposed rail transfer station on Hwy 12. Dunn County’s nonmetallic mining ordinance is in final draft. Griffin will contact McCurdy to ask him if there would be an additional cost to review Stanton’s ordinance against Dunn County’s to ensure that Stanton’s ordinance is at least as restrictive as the County’s. Smith has emailed Cleo Herrick, Dunn County interim zoning administrator, to ask whether the proposed overlay district ordinance will apply to unzoned townships such as ours.
The agenda for the next Stanton Plan Commission meeting at 7pm on September 26th will include discussion of the special public/Town Board meeting on ordinances, further discussion on ordinance enforcement, and discussion regarding whether the town’s comprehensive plan needs to be revised to address sand mining issues.
Motion by Mittlestadt/Chich to adjourn at 7:56 pm.
Submitted by: Cindy Griffin, Planning Commission 9/24/12
Special Meeting Minutes
Town of Stanton
Dunn County, WI
September 24, 2012
Special Meeting of the Plan Commission and Town Board to review the ordinances for Nonmetallic Operator Licensing and the Blasting Ordinance.
Present: Attorney Terry Dunst, Bakke Norman, Cedar Corp. rep Scott McCurdy, Chairman Rich Monn, Supervisors Bob Anderson and Tim Mittlestadt Jr., Clerk-Treasurer Valerie Windsor, Plan Commission members, Tony Finder, Cindy Griffin, Jack Clark and Jim Chich and several townspeople (see sign in sheet).
Chairman Monn called the meeting to order at 7pm at the Stanton Town Shop, Knapp, WI.
Plan Commission to go over the draft ordinances with any comments or questions directed to the Plan Commission, Board members, attorney, and Cedar Corp.
Plan Commission looked at other ordinances out there and used those as a basis as well as several key people who have dealt with this already.
If the ordinances are approved as they are, would Milestone Materials be bound by these? Attorney answered that according to the language in the ordinance right now Milestone is not grandfathered in, however, Milestone could fight this and possibly get in.
Suggestion was brought up on the air monitoring (pg. 13, section a.) would like to see the language be for all applying for an operators license not just the frac sand plant.
Conflicts of Interest: Board members were questioned on whether they have a conflict of interest. Both Rich and Bob are legally allowed to vote on this as it does not cover Milestone Materials singly but is a broad spectrum covering all who may want to mine in our township.
Questions on monitoring and ground water quality, Cedar Corp. and the Plan Commission will get together on this and look into it further.
Who gets the results for the baseline testing (pg. 15, section c) Rich would like clarification in the ordinance, that the owner should get the results and how soon they would get them.
How does this relate to the zoning question that will be on the November ballot? Terry stated the distinction between these ordinances and the ballot question is that the ballot question is for zoning purposes only for all types of zoning issues, these ordinances are for the purpose of protecting our township and having rules in place for when the mining companies come in.
Suggestion was made that we remove the word “vital” from the ordinances (as seen on page 1, paragragh 1). He feels this is not a matter of life and death as that is what vital means. He feels this sets a premise of the document.
Many questions and comments on the ground water quality section (pg. 15): Concerns on the ½ mile insertion, why not further? It was stated that ½ mile is what has already been invented and has not been challenged in court. We can always go in and change this at a later date if need be. Comment was made that there is a concern that the water contaminates could go beyond the ½ mile and who would pay for that repair? As in the ordinance it limits the damages to within ½ mile. Wells on site would be monitored at all times. After the reclamation period is done we could require the company to pay for a water test.
Question on the Berm setback Language: Suggestion was made that we have 1000 feet from the resident.
Cedar Corp. stated these requirements are minimal.
Several suggestions were made to change wording of various sections. The Plan Commission has made note of these changes and will look into them before final drafts are written.
Hours of operation could be used as a bargaining chip with the mining companies. Comment was made that we must be consistent with everyone within the township, not just “pick on the mining company”.
Scale of mining – it could be 1000 acres or 5000 acres. Suggestion was that we have some sort of scale written into the ordinance.
Could we control the placement of mines? As of right now with no zoning we have no control. If we do adopt some sort of zoning ordinance we could control it at that time. Another tool we would use is the Comprehensive Land Use Plan.
Spelling and grammatical errors throughout the ordinances, these will be looked at and fixed for the final drafts.
Consensus was that the Plan Commission has done an excellent job on the rough draft. Suggestion was made that we use the developer’s agreement to really “put the hammer down” on the mining companies, as the ordinances are the minimum for what the town will accept.
Question was asked about the fees incurred when the ordinances are violated and the Plan Commission is still working on figuring out the fees and enforcement issues.
Motion to adjourn meeting was made by R. Monn, 2ndby B. Anderson. Approved.
Meeting adjourned at 9:35pm