Land Conservation Committee Minutes


DATE: December 18, 2008
UW-Extension ETN West Square Building

Meeting called to order by Chair Wiese at 9:34 a.m. It was certified that the requirements of the open meeting law have been met. Present were Borleske, Kriegl, Puttkamer, Wiese and Zowin from the Committee; Van Berkel and Pohle-LCD; Peterson-APHIS; David Allen; Jerry and Linda White; Darrell Schlieckau-Holtz Lime and Gravel. Posewitz was absent.

Adopt agenda:

Motion by Zowin/Borleske to adopt the agenda with "Discussion of Kinnamon Ridge Dairy bill for installation of storage facility" being postponed until the Whites are present. Motion carried, all in favor.

Adopt minutes of previous meeting:

Motion by Borleske/Kriegl to adopt the minutes of the regular LCC meeting on November 13. Wiese questioned fencing to be done at Health Care Center. This and bids will be discussed later in the agenda. Motion carried, all in favor.

Public comment:

None.

Communications:

A. Thursday Note-None.
B. Message regarding speaking contest participation-Krystal Schara contacted Van Berkel requesting Sauk County get involved in the youth speaking contest again. Van Berkel noted that time is being spent on other educational efforts such as Conservation Youth Days and YEPS. Youth could participate in a neighboring county speaking contest or in similar contests being offered by other organizations. The LCD will try to work with Columbia County on this in the future.

C. Extension of CREP contract-Wiese signed the extension to allow Conservation Reserve Enhancement Program contracts be signed until 2013.

D. DATCP Grant Allocation Plan-Van Berkel received notification that DATCP is not going to approve the 2009 grant allocation plan by the December 31 deadline, extending it by emergency action until March 31. The idea is to give the legislature time to deal with the budget shortfall. This ties up all of our grant funds for at least three months, and there could be reductions in the amounts allocated for nutrient management, staffing grants, cost-share grant for Land and Water Resource Management practices, and priority watershed funds.

Legislative updates:

None.

Reports:

A. Land Conservation Department report-Van Berkel highlighted some of the items listed on the monthly department report.

B. Natural Resources Conservation Service report-None.

C. Farm Service Agency report-Puttkamer noted that the FSA has prioritized over 100 Emergency Conservation Program (ECP) applications. They are finding that quite a number of applications have conservation plans that have not been adhered to, especially waterways needing protection.

D. Foresters' report-None.

E. Economic Development Committee report-Zowin stated that the committee's focus has been on the Merrimac railroad bridge study.

F. Mirror Lake District report-Zowin mentioned they are applying for another Lake Planning Grant. The application is due February 1. She requested a resolution of support be prepared for consideration at the January LCC meeting. Van Berkel informed the LCC that engineering proposals on the Mirror Lake Dam repair will be received by February 5. Because of the need to draw down the lake level, repairs will likely be done in the fall after the summer season. Damage evident in the recent drawdown indicates the preliminary estimates may not be high enough to cover the repair cost.

G. Lake Virginia Management District report-Wiese reported that at their December 5 meeting they approved the financial budget and bills. Wiese discussed the proposal to add a riser to the gates that regulate the water level.

H. Lake Redstone Management District report-Borleske updated the LCC on the District's possible injunction against the DNR regarding critical habitat designation. Lloyd Eagan from the DNR was at their December meeting to discuss the issue. The DNR and the Lake Redstone Management District are now working together to address the District's concerns.

Review and approval of training events and meetings:

Motion by Zowin/Borleske to approve the list of training events. Motion carried, all in favor.

Review and approval of vouchers:

Voucher summaries were distributed to the Committee members. Motion by Borleske/Wiese to approve 2008 and 2009 bills in the amount of $66,431.59. Motion carried, all in favor.

Review bids and approval of leases for cropland, pasture, and buildings at Health Care Center (HCC):

Wiese opened the following gross cropland rental bids: Marty Pertzborn-$115,747.71; Robert and Jason Bergman-$108,900; David Allen-$92,520; Michael Kozlowski-$77,931. Van Berkel noted that Pertzborn is following a conservation plan on their home farm and staff would anticipate no problems with them as renters. Motion by Borleske/Puttkamer to approve the bid of Marty Pertzborn for $115,747.71 for the cropland rental for a three-year lease (2009-2012). Motion carried, all in favor.

Wiese opened the following pasture rental bids: David Allen-$6,900; Shea Geffert-$4,200. Van Berkel noted Allen has been renting the pasture and there have been no issues. The parcel is somewhat smaller than in previous leases to protect some of the wooded lands. Motion by Borleske/Zowin to approve David Allen for a three-year period (2009-2012) for the pasture rental in the amount of $6,900. Motion carried, all in favor.

Van Berkel noted that the Property and Resources Committee has a Request for Proposals out regarding reuse of the HCC buildings and have asked us not to award the bids in case there is a conflicting proposal for use of some of the buildings. Wiese opened the bid for the metal storage building rental: David Allen-$1,650. Wiese also opened the only bid for the barn rental: David Allen-$750. No more bids will be accepted, and if there are no conflicts the bid awards will be approved at the January LCC meeting.

There was discussion about why the bids are done at this time of the year versus in fall and the process of restoring fertility levels to that present at the initiation of the lease.

Van Berkel informed the LCC that a request for bids was sent out on fencing needs at the HCC. The following bids were received: Cutler Fence-$,2057.95. John Hershberger-$2,320. Motion by Borleske/Puttkamer to approve the bid of Cutler Fence for $2,057.95 for materials and installation of 1,600' of fencing. Motion carried, all in favor.

Establish 90% harvest deadline for 2008 wildlife damage claims:

Peterson noted that this is a procedural date that county needs to set. All claims have been taken care of in Sauk County. Motion by Borleske/Puttkamer to set December 1 as the 90% harvest deadline for 2008 wildlife damage claims. Motion carried, all in favor.

Discussion of Kinnamon Ridge Dairy bill for installation of storage facility:

The $5,959.13 bill from Kinnamon Ridge Dairy was referred to the LCC by the Executive and Legislative Committee. There was some discussion on how the bill had been handled so far. Jerry and Linda White and Darrell Schlieckau of Holtz Lime & Gravel discussed the background for generating the bill and questioned how situations like this can be avoided in the future. Van Berkel distributed a handout with the background, timeline, and planned improvement.

Motion by Borleske/Zowin to recognize that mistakes were made, not just by John, and that recognizing this we pay the bill submitted by Whites. Van Berkel voiced concern that the bill stated it was due to LCD staff errors, that there were not proven LCD errors, and the action would be opening the county to liability. Borleske/Zowin withdrew the motion.

Committee discussed the possibility of a new cover sheet for the bill that would not identify it as being due to errors.

Motion by Borleske/Zowin to pay the bill in the amount of $5,959.13. Roll call vote, it was unanimous.

The LCC will address concerns from the discussion at a future meeting. All parties agreed it would be beneficial to involve the Technical Service Provider engineers in the mandatory pre-construction meeting to help clarify roles and responsibilities. Contractors need to be clear on what is expected. The Department has scheduled a contractors' meeting to be held in March to address some of these concerns.

Review and possible approval of Memorandum of Understanding with Department of Natural Resources regarding NR151 implementation:

Van Berkel briefly reviewed the document and asked the LCC to review in more detail for possible approval at the January LCC meeting.

Review of Animal Waste Ordinance revisions and possible approval of public hearing date:

Pohle noted that the copy received is the same version as previously distributed. This copy will be sent to the Agricultural Advisory Committee members along with an invitation to attend the January meeting for review and discussion. It is anticipated that the Ordinance will then be presented for a public hearing in February.

Review of League of Conservation Voters priority issues and consider endorsement of same:

Van Berkel reviewed the handout containing the four priorities the League of Conservation Voters selected this year. They are as follows: Restore Conservation Integrity, Stop Global Warming in Wisconsin, Protect Wisconsin's Drinking Water, and Preserve Groundwater: Wisconsin's Buried Treasure. Motion by Kriegl/Zowin to endorse the League of Conservation Voters priority issues as presented. Motion carried, all in favor.

Motion to adjourn until January 15 at 9:00 a.m. for the LCC meeting and 10:00 a.m. with the Agricultural Advisory Committee by Borleske/Zowin at 1:06 p.m. Motion carried, all in favor. The LCC will meet February 12 at 9:00 for their regular meeting and at 10:00 a.m. for the public hearing.

Linda Borleske, Secretary