Minutes (82 KB)

Badger Oversight Management Commission

Draft Meeting Recap

February 28, 2013

The Badger Oversight Management Commission (BOMC) convened at the Sauk County West Square Building, County Board Room Gallery, for a regular meeting on Thursday, February 28, 2013.

Chair Wenzel called the meeting to order 6:27 p.m.  Staff affirmed compliance with Open Meetings Law.

Attendance:

Others present. Diane Brusoe, David Sarify-Cox, Patricia Kelly, Bill Stehling, Donna Stehling, Curt Meine, Rob Nurre, Gail Lamberty, Craig Schlender, Frank Olah, Don Schmitz, Terre Carlson

Motion by Judy Ashford, seconded by Steve Schmelzer, to adopt the agenda for the February 28, 2013 meeting.  Motion Carried.    

Motion Judy Ashford, seconded by Schmelzer, to adopt the (revised) minutes from the November 15, 2012 meeting.  Olah noted that on page 4 under New Business, first paragraph, line 3 should replace DNR with Army.  In the next paragraph, line 3, drop parcel S5 to reflect the propellant burning grounds.  Motion Carried.

Public Comment:   none.

New Business – Commissioner Reports:

1.  Wisconsin Department of Natural Resources.   Steve Schmelzer working on the demolition of the reservoirs.    Looking at moving the salamanders with guidance from Mike Mossman.  Will draw down in April and relocate.  Salamanders out first.  Water to be released slow so not to cause erosion.  Meet erosion control best management practices.  There are 1600 salamanders, but can only place 400.  Citizen-based program.  Time running short.  Focus on the east pond, could be in both? Olah asked if planks could be placed for animals to get out of ponds.  Discussed.  Schmelzer will check with Mossman.  Salamanders have no legs.  No way to get out.  DNR can talk to Mossman about moving animals.  Not sure about life cycle.  Need time to change.   Olah asked what would site look like.  Schmelzer stated fill would be brought in, possibly crushed concrete.  Wenzel said reservoirs hooked up to a drain.  Drain to be part of the demolition.  Looking at options for drainage and demolition.  Water discharge to be worked out by contractor.  Observation deck will stay for now, waiting for master plan.  Wenzel discussed view from deck and ancient shoreline. 

Schmelzer noted DNR is taking bids on river pump station.  Asbestos needs to be removed.  Waste will go in landfill at Badger.  Will test paint that goes into Badger landfill.  Pump station demolition depends on the funding after reservoir.  Also talking with the DOT about taking concrete.  DOT estimates $3 million dollars to remove.  Can use all, but costly.  Cost is hauling and crushing.  Exploring options for removing concrete.  Parcel M has 120 concrete slabs.  $3.7 million is the cost estimate to pull and put in highway 12 project.    Parcel M has the most concrete remaining.  Parcel M still in discussion.  The concrete removal probably not going to happen, not cost effective.    Can live with slabs for now, possible other uses for the slabs.    Highway 12 bypass considering reuse of concrete.  No concrete crusher in Badger for 2013, just work in rocket area because of limited money.  Wenzel stated the concrete piles would pay, but that’s not cost effective.  Can sell concrete, but also not cost effective.  Hammes asked if crushed concrete is stored on Badger now what will happen if DOT does not remove?  Will the concrete go to the landfill?  No.  Trying to find uses for the concrete.  Olah asked if the pump station was tested for asbestos and location.  Schmelzer was unsure.  Asbestos is non-friable.  Olah asked why not all the concrete was removed by the contractor.  Not in the bid, not enough money.   Olah stated the pump station was sandblasted years ago.  The cleanup is not adequate and there is possible PCB contamination.  Olah stated that more testing may be a good idea.  Not everything was captured.  Olah asked about the liability for removing slabs.   Contamination should be indentified while the Army is present.  DNR has not transferred yet, working with the Army.  Olah stated that a couple slabs could be tested for contamination before the Army leaves.  Olah asked if the landfills could remain open for more contaminated material.   Aquino looking at keeping options open.   DNR will consider the concrete uses at the end of the master plan.   Concrete was inspected and found clean.  Schmelzer stated that the DNR is working with Army on the removal of three dam structures in the area of the settling ponds.  Schmelzer was unsure of the exact location of the dams.  Olah also recommended soil testing because of settling behind the dams.  Schmelzer was questioned on the deer hunting season.   He stated 120 hunters per day were there during the non-day season.  It was a fair success.  During the four-day hunt, about 30 hunters per day, with minor incidents.  Well received by the hunters. DNR did not test the deer.  DNR did not see a problem with contamination with the deer meat.  This spring the DNR will offer a limited turkey hunt and a learn to hunt program.  2013 hunting opportunities will be the deer hunt and accessible hunt.   Hammes inquired about other hunting opportunities like pheasant.  Steve stated that more time is needed to evaluate.  DNR expects to provide more hunting opportunities in the future. 

2.  Town of Merrimac.  Nothing to report.

3.  Town of Sumpter.  Nothing to report.

4.  Bluffview Sanitary District.  Wenzel stated that the Town of Sumpter will take control of the sanitary district.   Hammes expressed concern whether the town has enough money.  Schmelzer asked to have a representative from the Town of Sumpter talk to the group next month about the status of the sanitary district.  Schmelzer asked to include as an agenda item for the next meeting.

5.  Sauk County.   Wenzel is talking to the Sauk County Development Corporation about including the trail in the state budget.  Wenzel is hoping the trail will link up to the 400 Trail.  First, need the money and will not know until later this summer.  Hammes inquired about the plan to comment on the master plan.  Nothing scheduled.  Discussion on whether the county will have CPZ or the Executive Committee review and comment on the plan.  Ashford stated that the CPZ Committee will comment on the plan.  Discussion if the DNR has contacted the county.  DNR would like to come before the CPZ Committee.  The CPZ Committee, after review, would then move to the County Board.  Hammes asked if the master plan will happen after the final alternative before the government.  Discussion on a time schedule for the master plan, but no time table in place.  DNR must provide an update.    

6. Ho-Chunk.  Hammes inquired whether GSA gave Ho-Chunk a deadline in a reasonable time.  Hammes stated no one knows.  Aquino stated that he does not believe that Ho-Chunk is holding up the process.  The holdup is BIA.   Hammes expressed concern about the cemeteries and whether they could be sold as real estate because of non action.  Hammes questioned if GSA could open them for other development.  Aquino stated that GSA is working with the players.  Aquino stated that the DNR will take land if no one else is interested, except for the cemeteries.  The DNR is not set up to take care of cemeteries.  Ashford stated that the Town of Sumpter may have to assume responsibility.  DNR would work on any easements needed to get access to the cemeteries.  Wenzel expressed concern over the maintenance.  Discussion on having the Town of Sumpter address cemeteries at the next meeting as an agenda item.

New Business – Committee Reports: 

1.  Executive and Finance. Nothing to report.

2.  Planning and Land Use.  Wenzel discussed the February 7, 2013 meeting of the Land Use Committee for the Badger Oversight Management Commission.  The meeting notes were provided to those in attendance.  The group asked if Wenzel would continue acting as the Interim Chair and Wenzel stated he would continue in that position.  Discussion on the timeline for public comment that was planned in March.  Schmelzer stated that the public meeting will now be at a later, undetermined date. 

3. Education and Outreach.  Stehling working on materials with teachers.  Sarify-Cox reported that the education and outreach held at the River Arts Center was well received.   Fred Clark and George Meyer were in attendance.  Also, many new faces from the community.

New Business – Stakeholder Reports:

Hammes expressed concern on the settling ponds.   Prior to Army, this area was a wetlands and there is evidence of wetland values.  A permit was required to dig in a wetlands.    The Army never got a permit.  Need 404 permit.  Wetlands are regulated.  The Army has no plans to restore the wetlands.  Written comments are due by March 11, 2013.  Feasibility study will express concerns.  Settlement does not address the wetlands.  Can still serve a purpose.  Maps available that show wetland history.  Aquino stated it was good for Hammes to submit comments.  DNR needs to take a look at the wetlands.  The first step is to delineate.  DNR’s Jeff Schure could delineate.  Curt Meine stated communication was referenced in the Badger Reuse Plan.   Meine can reach out to a wetland specialist.  Not proactive.  Hammes looking into the subject and would appreciate any assistance.  The wetlands filter the water that goes into the bay.  Olah talked to the DNR that the excavation occurred without a permit.  Wetland was identified.  Olah stated the site evaluation was done but not delineation.  Olah stated that the settling pond cleanup not recognized until now.  Olah mentioned the reconstructed wetlands.  Olah was in favor of the clean-up standards.  Olah stated Parcel M deed restriction possible contamination.  Army to coordinate with contractor on the clean up.  Slabs would be an improvement and DNR takes responsibility, in goals, settling ponds, go back to planners.  Lead does not degrade.  Olah stated that no enforcement action taken for excavating without a permit.    Olah stated that levels of clean up and changes in use could be liability.   Olah, reviewed two handouts: Environmental Stewardship Concepts and Badger Soil Cleanup May Not Be Protective.  Risk assessment reviewed settling ponds related to land use.  Discussed cleanup levels and compared to user activity.  Unknown risk to users.    Army relies on roots to hold the soil.  Olah discussed the Joliet Arsenal health risks to recreation users and prairie workers, lower risk than visitors concern on how evaluated.  Olah to propose, March 11, public comment on settling ponds.  Olah asked for support on a remedy and clean up.  BOMC would like a statement that fits the Reuse Plan.  The Reuse Plan complies with all criteria.  The federal agencies are held to the clean up.  Olah said the Army should be held liable, including for the undiscovered problems.  All hazards should be removed to meet standards.   Olah passed out copies of the draft asking everyone to sign, no action was taken because not on the agenda.  Olah asked everyone to send in as individuals, must support the Badger Reuse Plan.  Deed restrictions and exposure of contaminants to volunteers are problems.  Olah stated all contamination can be removed.  Not all contaminated  areas  identified on the ground.  Army wants to see a push back.  Does not comply with plan.  Wenzel discussed lead levels.  New guidelines for contamination.  Olah stated there is no data for DNT.  Olah discussed how to remove the toxic component from the wetlands.  Hammes suggested having a wetland ecologist view to restore the functional values.  Olah mentioned that the army did not finish the report.  Olah stated the Army is not sensitive to the entire ecosystem.  Must view whole system.  Hammes expressed concern about contamination with users.  Olah stated there is no reason not to clean up.   How much can the Army leave behind?  Olah mentioned that the Army is not living up to its responsibilities.  Ashford asked where to send comments.  Olah will get copies to the county.    Meine thanked Olah for all her work.  Meine stated the Reuse Plan should be followed and reflects the long term commitment on Badger, including the clean-up.  Wenzel discussed lead contamination and contamination levels.  Many forms of lead.    Olah’s proposal does not require technical letter.    

Olah mentioned  15 years of commitment on the Reuse Plan.  Olah stated the committee offers dialog and to continue the committee.  Wenzel more in depth and looking for direction.      

1.Report by Chair Wenzel and discussion regarding a meeting with Rep. Fred Clark on Dec. 5, 2012 and a legislative memo pertaining to permissible uses of the Sauk Prairie Recreation Areas (SPRA).

Wenzel reviewed the Wisconsin Legislative Council handout dated December 4, 2012.  Wenzel  talked to Clark and Clark asked Senior Staff Attorney, Larry Konopacki to determine if there were any limitations on the uses that can be permitted by the DNR on the SPRA.   Wenzel stated the review of uses would provide for more specific language.  Olah mentioned that camping is prohibited.   Aquino stated that the clean up would be to residential standards.  Aquino asked that the documents be kept  separate.  Aquino stated master plan will be followed.  Aquino stated that clean does not mean 100 percent clean.  Olah asked if there are any protections for users.   Aquino stated only primitive camping will be allowed.  Wenzel stated that the NPS decides what gets done based on the master plan.  Aquino stated the use must fit recreation use.  Wenzel grateful to Clark for Mr. Konopacki’s response.    Wenzel stated Konopacki’s memo a  good document.  Hammes stated the document is missing the scope of activities.  Wenzel stated the document provides  perspective.  Meine stated the Sauk Prairie Recreation Area is an opportunity for the DNR to expand the definition of recreation and compatible uses.  Stehling said the uses are compatible with land.  It’s an opportunity to experience the prairie.   Aquino stated the recreation definitions are compatible with all the uses.   Aquino questioned the compatibility of the shooting range and motor sports.  Discussed how uses are selected.  Aquino stated that the DNR will not compete with the private sector.  Discussion of compatible uses and will DNR fill voids.   Hammes stated that the Sauk Prairie is an opportunity to create the largest prairie in the midwest.  Discussion of too many uses does not fit and provided Bong Recreation area as an example.    DNR wants to be fair.  Discussion on thinking outside of the box.  Aquino does not disagree.  Discussion that cannot have a property suitable for everything and everyone.     DNR values the prairie ecotype.  Stehling stated the uses must be compatible with the prairie.  Stehling stated that motor sports are not compatible with the prairie.  Concern over a planning process where the committee is a special interest.  Encouraged the DNR to work with us.  If ignored, will not have support.   Aquino stated the process has gone through four secretaries.  Staff to give best council and recommendations and they decide.  Aquino stated the public process takes time and that the two new uses are holding up the process.  Aquino is trying to set things up with NPS as to what is the agreement.  Aquino will come to board with options on uses.  Discussion on uses and uses may not be natural.   Aquino recognizes that Badger is special.    DNR has been involved with process for over ten years.  Aquino cannot be at every meeting but will come to as many as possible.   Aquino stated the Reuse Plan cannot be the only plan; final use may not be 100 percent compatible with plan.  DNR must view the big picture and a local partner may be one sided and may not be effective.  The group would like DNR to be keeper of the land.  Meine spoke about local opinion, Reuse Plan, part of local community.   DNR will hear views from immediate area but also have public process that opens area to comment from the rest of the state.   Aquino stated the DNR is obligated to go through public process.  Craig Schlender stated this is the one chance to save a big block of prairie, perfect place to turn into an educational place.  He also stated that there can be compromise to allow motor sports to show off prairie.  Schlender also stated there are organizations out there to put Badger in prairie.  This is a onetime deal for this area.  Hammes wants a good relationship with the DNR.  Aquino stated the DNR knows the issues and will let the process run.   

2.Discussion and possible action concerning a systematic review of anticipated land use proposals (as part of the Master Planning process) based on the criteria in the Badger Reuse Plan.

Wenzel stated the DNR to present the plan to the CPZ Committee, will also check with the BOMC before going public .

3.Discussion about economic benefits of SPRA.

Wenzel challenged those present to bring information/ideas to the group.  Wenzel stated that   economic development was the driving force, but there is a quality of life issue.  Need to pull in figures to show the benefit to the local and state economy.

4.Report on Wisconsin Wildlife Federation meeting with Mark Aquino, Regional Director, South Central Region.

Nothing to report.

6.  Next Meeting Date:   March 21^st in Sauk Prairie area, at 6 PM, with the land use committee starting the week before. 

7. Public Comment:  None

Motion by Judy Ashford, seconded by  Steve Schmelzer, to adjourn at 10:20 p.m.  Motion Carried.    

Respectfully submitted, Judy Ashford
 

Recap by Sorenson