BOMC - Planning and Land Use Committee

july_25_2013_approved_minutes.pdf (81 KB)

Badger Oversight Management Commission
Meeting Recap
July 25, 2013

The Badger Oversight Management Commission (BOMC) convened at the Sauk County West Square Building, Baraboo, for a regular meeting on Thursday, July 25, 2013.

Chair Wenzel called the meeting to order at 6:04 p.m.  Staff affirmed compliance with Open Meetings Law.

Attendance:
Commission Member Commission Representative Present
Ho-Chunk Nation David Greendeer Randy Poelma  
Wisconsin DNR Ryder Will
Sauk County Bill Wenzel 
Town of Merrimac Richard Grant
Town of Sumpter Peter Mullen 

Stakeholder Interest Stakeholder Rep 
Citizens for Safe Water around Badger Laura Olah
City of Baraboo Eugene Robkin 
Sauk Prairie Cons. Alliance  Dave Tremble  
Wisconsin Wildlife Federation Don Hammes 
The Village of Sauk City Bill Stehling 

Commission Liaison Liaison Representative 
USDA-DFRC Lori Bocher
 
Others present.  Diane Brusoe, Terre Carlson, Gail Lamberty, Craig Schlender, Frank Olah, Rick Chamberlin, Mimi Wuest, Rob Nurre, Robert Krauss, Wanda Krauss, Tina Warner, Ed Krumenauer, Kathy Brabender, Deane Brabender, Mary Carol Solum Jim O’Neil.
 
Motion by Grant, seconded by Mullen, to adopt the agenda for the July 25, 2013 meeting.  Motion Carried.  

Motion by Will, seconded by Grant, to adopt the amended minutes from the June 20, 2013 meeting.  Motion Carried.

Public Comment: 
Wenzel read a letter from the Ho-Chunk Nation regarding the appointment of David Greendeer, District II Representative, to the BOMC.  Greendeer will be the primary Commissioner representing Ho-Chunk on the BOMC.  John Holst will serve as an alternate.

Frank Olah spoke with Rep. Fred Clark’s office regarding a conversation with the National Park Service  expressing concern with the way the alternative maps were drawn by the DNR.  Olah reported that Clark supports the BOMC and Alternative 4 as it reflects the Reuse Plan.  Olah stated that the BOMC recommendation will outweigh individual comments and pressure the DNR to acknowledge the mission and goals of the Reuse Plan.

Mary Carol Solum spoke about Alternative 4 and noted that reuse discussion has taken place for 20 years.  Solum stated that she would like to see strong, sound support for Alternative 4. 

Wanda Kraus spoke about the history of her family in the area and loss of her family farm/land to  Badger (the Dora Premo farm).  Kraus stated that she does not support ATVs and shooting ranges, she supports Alternative 4.

Ed Krumenauer  spoke about comments heard in the last two weeks and would like to know where the idea came from for ATV trails and a shooting range.  Krumenauer noted that there are many shooting ranges in the area and that he is working hard to get these two proposals thrown out.   Krumenauer stated that he has not found one person who wants these uses.  He asked Brusoe where the idea of an ATV trail and shooting range came from.  Brusoe said these uses came from comments submitted as part of the master planning process.  Krumenauer said that the NRA had information online supporting a shooting range at the SPRA.  Brusoe stated that she had received additional comments wanting a shooting range. 

Deane Brabender stated that he has lived south of Badger since 1990 and expressed concern regarding noise generated by a shooting range and ATV trail.   He stated he lives in the Town of Sumpter across the road from where the use is proposed.
Jim O’Neil of Baraboo who is active with the Ice Age Trail and 4-H recreation groups strongly urged the adoption of Alternative 4 and objected to ATV trails and a shooting range, calling them high impact uses.

New Business – Commissioner Reports:
1.  Wisconsin Department of Natural Resources.  Ryder Will reported that LTE employees are working on habitat management and invasive control.  Will spoke about the sportsmen’s club meeting (held on May 2, 2013 at the Merrimac Town Hall) and noted that a number of attendees signed in with a trap and skeet interest.  Some of the issues expressed at the meeting included support for pistol shooting opportunities and lack of support for shotguns, as this would compete with existing clubs. 

There was also interest in providing over 100 yard opportunities and 300-400 yard opportunities to site in rifles.  Concern was expressed that the range remains simple and affordable.  It was noted that the design of the range would follow NRA guidelines.   DNR attendance at the meeting included Mark Aquino, Brusoe, Steve Schmelzer and Keith Warneke, shooting sports coordinator with the DNR.

Hammes asked if there have been any similar meetings held.  Will stated he was not aware on any. 

Craig Schlender, Sauk County Pheasant’s Forever, stated that he had gathered emails of representatives of sportsmen’s groups for the DNR to develop an invitee list for the May 2 meeting.  Schlender stated that he asked the DNR  to notify him when the meeting would be taking place so he could attend and that the DNR never informed him or invited him to the meeting.

2.  Town of Merrimac.  Richard Grant noted that the Town of Merrimac Board may discuss the ATV use and shooting range at the August 1st Town Board meeting.   Grant stated that he expects to receive guidance about uses at Badger at this meeting.   Grant noted that Mullen was in attendance at the meeting tonight.

3.  Town of Sumpter.    Bill Stehling asked for clarification on access to cemeteries. Mullen stated that no action will be taken by the town until all of the transfers take place, then the easements will be drawn up.  Will stated that it is the intention of the DNR to establish easements.  Wenzel stated that a survey is done and includes legal descriptions.   Robkin asked Mullen and Grant about cemetery issues and regarding another group taking responsibility for maintenance.  Mullen stated that Sumpter hopes there will be volunteers to take care of maintenance.   Wenzel asked about Sumpter getting Payment in Lieu of Taxes (PILT) payments from DNR.  Mullen indicated that the town did receive payment.   Mullen noted that TNC also made a PILT payment.  Mullen stated that the town has acquired the Bluffview Sanitary District and one concern is that the system does not work well in the winter.  Consequently, nitrate levels increase in winter and flow into Final Creek, into Gruber’s Grove and into Lake Wisconsin.  Mullen stated that the Sanitary District is trying to acquire land on other side of Hwy 12 where the pumps are located.  It was noted that at one point, the Town of Merrimac was pressured by a developer to enter into an agreement that the town become part of the sanitary district. 

Wenzel asked Mullen who will be representing the sanitary district.  Mullen stated that it could possibly be someone from the Sumpter Town Board.    

4.  Bluffview Sanitary District.  No report.

5.  Sauk County.   No Report.

6. Ho-Chunk.  David Greendeer conveyed that the Ho-Chunk President does not support firearms, shooting range or ATV’s at Badger.  Greendeer reiterated that the Nation opposes high impact uses because of their intention to utilize the property for religious purposes.  Greendeer also commented on the desire to rename Devils Lake to Holy Lake, or wakancuuk which is the name given to the lake in the traditional Ho-Chunk language.   Greendeer also mentioned that his father and grandfather both worked at Badger.   Hammes asked about the status of transfer to Ho-Chunk and progress.  Greendeer relayed that Ho-Chunk is still in the same positive position and continuing their efforts.  Hammes asked if GSA has a deadline to transfer.  Poelma stated it was a rumor that there was a deadline and that there is no deadline.  

New Business – Committee Reports: 
1.  Executive and Finance.  No Report.

2.  Planning and Land Use.  Poelma noted that the PLU met on July 11 at DFRC.  The meeting was held to afford the DNR an opportunity to present their mission and goals and three alternatives.  Robert Manwell, Brusoe and Aquino from DNR were in attendance.  The format was a question and answer on the alternatives.  On July 18th the PLU met at Badger to discuss the vision and goals and to draft Alternative 4. 

3. Education and Outreach.    Donna Stehling noted that there will be a presentation on birds during the   Circus Parade in Baraboo.

4.  Ad Hoc Committees.    No Report.  

New Business – Stakeholder Reports: 
CSWAB.    Olah stated that she will report on the settling ponds under new business items.  Olah distributed a map from the regional and property analysis entitled, “Distribution of Critical Species of Open Grassland and Shrubland Habitats at the Sauk Prairie Recreation Area, Sauk County, WI, July 2012.”  

Sauk Prairie Conservation Alliance (SPCA).   Dave Tremble commented on Mullen’s conversation about the town and his attendance and stated that he (Dave Tremble) did not communicate effectively about the matter. Tremble stated that the SPCA is active on drafting alternatives. 

Badger History Group. Michael Goc submitted an e-mail dated July 16, 2013 regarding his comments on the DNR alternatives.  Wenzel read the e-mail to the group and distributed a copy.  

Wisconsin Wildlife Federation (WWF).   Don Hammes informed the group that he met with George Meyer, the WWF Executive Director, regarding Alternative 4, and he gave his approval.  The WWF will have a meeting in early August and will be taking formal action on Alternative 4.  Hammes expressed continued concern regarding the level of mercury contamination in Gruber’s Grove, plumes and levels of contamination and lack of mitigation for parcel M1.  Hammes expressed concern that there is only one open house and felt it would be appropriate that the DNR hold more than one open house.   Hammes spoke about the open house format where there is only contact between the public and DNR officials, with no opportunity to speak to the group as a whole and express opinions.  Hammes believed it should be a public hearing type of meeting where everyone has an opportunity to speak.

New Business – Liaison Reports: 
1.  Army.   No Report.

2.  USDA.  Lori Bocher noted that pending approval, comments will be submitted to DNR opposing the shooting range and ATV uses.  Bocher noted that USDA has participated in efforts to set up collaborative uses with agriculture and conservation.  Bocher also noted that DFRC never asked for or signed a petition to have a municipal water system.  Bocher said that she would provide the board with a copy of the e-mail communications with/from the Army on the municipal water petition.  Neil Martin retired and there has been no movement to fill the position.  Three research leaders are now serving as a rotating acting director.  Bocher spoke about milking research and crop conditions.

Other New Business Items: 
1. Discussion regarding the PLU Committee’s recommendation to BOMC on the SPRA master plan land use alternatives and possible BOMC action recommending an alternative to DNR.

Poelma reviewed Alternative 4 and an associated map and noted that the PLU looked at the DNR’s Alternatives 2 and 3 to arrive at Alternative 4.  Poelma noted that 15 of the 17 bullet points presented in Alternative 4 are derived from the DNR’s Alternative 3 and that the two last bullet points are new.  These new bullet points are as follows:
• Designate parcel “M” and “M1” as a Habitat Restoration Zone
• Remove any unwanted infrastructure, buildings or debris that remains on the property, with the exception of infrastructure that may provide bat habitat and support bat research.

Olah noted the high level of participation at PLU to develop Alternative 4.  Stehling noted that there are 80 bluebird houses in the special use zone where the ATV and shooting range are proposed.  Stehling also noted the existence of threatened and endangered bird species in the area.

Hammes would like to point out that Alternative 4 is close to the DNR’s alternative 3 and that eliminating the high impact uses will be consistent with the Reuse Plan. 

Tremble stated that there are a lot of ways that Alternative 4 could have been formatted.  Tremble sees Alternative 4 as a response to the DNR’s alternative and would like to see the BOMC adopt Alternative 4 as its official response.  Tremble suggested that Alternative 4 be redeveloped to mimic the format of the   DNR’s alternatives with preamble text and bullet points.  The preamble should be complimentary to the Badger Reuse Plan.  Tremble spoke about implementing ideas in the Reuse Plan and that the zones expressed in the DNR‘s alternatives are not consistent.  Uses need to be complimentary throughout the property.  If something is so noxious it needs to be isolated, it does not belong at Badger. 

Tremble would like the BOMC to adopt Alternative 4 as the BOMC’s official response, submit it to the DNR and then begin promoting it around the community.  Olah asked if Grant had any input as he participated in the PLU committee meetings when this was drafted.  Grant stated that because he is representing the Town of Merrimac and that the town has not taken a position that he is reluctant to comment on Alternative 4.

Poelma stated that since Alternative 4 has been made public, Tim Lins, President of the Sauk County Snowmobile Association, asked Poelma to mention the 3rd bullet from the bottom and that he would like to add, “multiple use trail connecting Sauk Prairie area, Merrimac area and Devil’s Lake State park via Burma Road including hiking and biking and a seasonal snowmobile trail on the agreed upon route.”  The group agreed to replace the language to state:  “ Provide a multiple use trail connecting the Sauk Prairie area, Merrimac area, and Devil’s Lake State Park via Burma road consisting of hiking and biking and a seasonal snowmobile trail on an agreed upon route.”
 
Tremble commented that the snowmobile association being a group they can work with and also noted that the association originally proposed snowmobile uses as part of the reuse planning process.  Tremble respected the snowmobile club’s participation.     

Bocher commented on Alternative 4 referring to Badger and that Alternative 4 should refer to the SPRA.  Tremble indicated his preference for including all of Badger as part of the discussion.  Hammes stated that the purpose of Alternative 4 should address the SPRA and be with the other alternatives.  Poelma agreed with Hammes and believes we need to stay focused on the SPRA. Following discussion, the title of Alternative 4 which was, “Badger Oversight Management Commission Land Use Committee Recommendation on DNR Proposed Land Use Alternatives,” was re-titled to state, “Badger Oversight Management Commission Recommendation Sauk Prairie Recreation Area Draft Conceptual Land Use Alternatives.”

Hammes asked if the next step is to forward Alternative 4 to the DNR.  At this time, Will clarified that he takes no position on Alternative 4 as BOMC commissioner representing the DNR.

Tremble stated that he is concerned that if the DNR does not take a position, it may come back to bite the BOMC. 
Grant stated that he has not received instructions as to how to respond as a representative of the Town of Merrimac.  Mullen stated that he is in the same position as Grant, representing the Town of Sumpter. 

Robkin stated that both towns participated in the Badger Reuse Process and that both commissioners are within their responsibility to express an opinion.  Robkin further stated that both towns accepted the report.  Both towns became members of this group whose stated mission is to promote the implementation of the Reuse Report.  You are here because of all of that.  You are here within, I think, what the towns expected of you when you were appointed, to have a public opinion at this point.

Mullen stated that when I go back to the Board, I’ll tell them that I do recommend Alternative 4.

Grant stated he has not sought input from the town Board, and that he has not received instructions but will make every effort to have Alternative 4 on the town agenda and he will make it known about the importance of the document.
Wenzel asked if there was consensus on Alternative 4.  It was suggested that Wenzel ask instead if there are any objections.  Wenzel called the question and no objections were stated.

Frank Olah asked if the town representative could recognize Alternative 4 as being consistent with the Reuse Plan.  Grant stated that he can’t do that.

Olah suggested that we can have another meeting before comments must be submitted.  That will allow time to go back to town boards for direction.  Grant noted that if the towns take a positive action/position regarding this matter, that will strengthen the BOMC’s position. 

2. Discussion and possible action regarding the allowance for BOMC's participation in the DNR open house at the RAC on July 31, from 5 to 7 p.m.

Brusoe stated that she did not hear from Aquino regarding this request.  Will noted that he will send an e-mail to Aquino regarding the matter.

3. Discuss DNR tour of Badger and Natural Resources Board meeting.
Wenzel was designated at the BOMC representative.

4. Discuss loss of wetlands and contaminated soil in the settling ponds area.   This item was not discussed.

5.  Next meeting date.  August 15, 2013 

6.  Public Comment.  None.

Motion to adjourn by Will, seconded by Mullen.  Motion Carried. Meeting adjourned at 9:00.  

Respectfully submitted, Judy Ashford