Meeting Minutes for the Planning and Zoning Committee

Meeting Date: 02/24/2009

Meeting Time: 04:00 PM

Meeting Location: Conference Room 5, Third Floor, Portage County Annex, 1462 Strongs Avenue, Stevens Point WI 54481 MINUTES PORTAGE COUNTY PLANNING AND ZONING COMMITTEE February 24, 2009

Call to Order Vice-Chair Brilowski called the meeting of the Portage County Planning and Zoning Committee to order at 4:00 p.m. in Conference Room 5 of the County Annex.

Roll Call Members present: Brilowski, Haga, Piesik, and Potocki. Member excused: Olson. Staff present: Brazzale, King, Lucht, and Phillis, Planning and Zoning Department.

Others Present Michael Zdroik, Clark Blumke

PUBLIC HEARING

Town of Alban, Chapter 8 Land Use and Chapter 9 Implementation – Comprehensive Plan Update (R09-01) – Amend Section 8.8 of the County Comprehensive Plan 2025 to Incorporate the Town of Alban Comprehensive Plan

Brilowski read the public hearing notice. Michael Zdroik, Town of Alban Chair, introduced himself and Clark Blumke, Town of Alban Plan Commission. Lucht provided an update stating several meetings were held regarding this issue and in September 2008, the Town of Alban Plan Commission passed a resolution to the Town Board recommending the adoption of the Comprehensive Plan. The Town of Alban Board reviewed the plan for a few months and passed a resolution in January 2009 to the Planning and Zoning Department. Staff has reviewed the plan for inconsistencies and issues, and agrees this is a good plan to incorporate into the Portage County Comprehensive Plan.

Brazzale provided the resolutions from the Town of Alban Plan Commission and Town Board. Lucht stated once the Comprehensive Plan is adopted, the Town of Alban will need to begin working on making their zoning map correspond with their Future Land Use Plan, which is a separate process.

There being no further questions or testimony, Brilowski closed the public hearing at 4:05pm.

BUSINESS MEETING

2. Review/Approval of December 23, 2008 Minutes With no discussion necessary, Piesik moved to approve the December 23, 2008 minutes. Potocki seconded the motion, which passed by voice vote.

3. Review/Approval - Vouchers Piesik moved to approve the County Surveyor Voucher Approval numbers 20090093 and 20090095 as presented by Brazzale. Haga seconded the motion, which passed by voice vote.

Haga moved to approve Planning and Zoning Department Voucher Approval number 20090035, Piesik seconded the motion; Potocki moved to approve Voucher Approval number 20090060, Piesik seconded the motion; Haga moved to approve Voucher Approval number 20090096, Potocki seconded the motion; and Haga moved to approve Voucher Approval number 20090127, Piesik seconded the motion, all passed by voice vote.

4. Review/Approval – Purchase Authorization Piesik moved to approve the purchase authorization as presented by Brazzale. Potocki seconded the motion, which passed by voice vote.

5. Review/Approval – Procurement Card Authorization Piesik moved to approve the procurement card authorization as presented by Brazzale. Haga seconded the motion, which passed by voice vote.

6. Correspondence None.

Brazzale asked to move agenda item number 8 in front of item 7. Haga made a motion to move agenda item 8 before item 7, Piesik seconded the motion, which passed by voice vote.

8. Decision on Town of Alban Comprehensive Plan (R09-01) With no discussion necessary, Piesik moved to amend Section 8.8 of the County Comprehensive Plan 2025 to incorporate the Town of Alban Comprehensive Plan. Potocki seconded the motion, which passed by voice vote.

7. Discussion/Possible Action on ATTIC Correctional Services Contract Extension King stated the current 90-day contract extension will expire at the end of March. Things are going well and she wishes to extend the contract again. Work crews stopped for winter, but will begin again in the spring. Money was diverted to hire another half-time case manager because of the number of cases coming from the court has been significant. If the volume continues, King will look into using some roll-over money from last year to help with spring and brush clean-up crews. If the contract is extended for another three months, until the end of June, the cost will be $98,578.20 for the six month extension, if no extra money is added for additional crews. King is suggesting extending the contract for two months at a cost of $82,148 for the entire five month extension. The set rate with ATTIC is $16,429 per month.

Piesik asked what is budgeted for ATTIC in 2009. King replied $195,403.

Piesik moved to approve the ATTIC Correctional Services Contract extension for an additional two months. Potocki seconded the motion, which passed by voice vote.

King reported the Governor is looking to release about 1,000 prisoners and recreate a parole commission. They are going to look at 3,000 candidates that are considered to be non-violent low-risk offenders in prison and return 1,000 of them to the community. The Governor is also looking to not provide probation for low-risk offenders with misdemeanors. There may be a lot of these cases in Portage County. In her opinion, this will eliminate a very wide group of people committing criminal behavior, generally connected to drug and alcohol problems, that are just starting to enter into the justice system. People are very concerned about this possibility. King has been anticipating some of the issues associated with this, such as OWI third and fourth offenders heading to felonies. There are 100’s in this group that would go on to probation and perhaps prison, and affect our jail population as well.

9. Department Report Brazzale supplied the Committee with an Executive Summary on the Little Plover River and its water quality issues.

The new floodplain maps must be adopted through the County Board by July 20, 2009, along with an update to the Floodplain Ordinance. Brazzale intends to have these issues come before public hearing with this Committee in May and for County Board action in June. The Floodplain Ordinance needs a few updates in some areas, primarily changes that FEMA is requiring. The maps remain the same, but are put on an aerial photo that shows the flood lines better.

Staff has begun taking an inventory of all septic systems in the unincorporated areas that were installed either prior to permits or inspections being required. This inventory will not affect those already in the three year maintenance program, only those that had septic systems installed prior to 1980. After the inventory is complete, staff will be figuring out how to put those new systems into the maintenance program. Some counties charge a fee for all people with septic systems to report their maintenance. Manitowoc County is receiving $100,000 revenue from this fee to help with their maintenance program. An extra fee is put on the property owner’s tax bill and is put into the maintenance program. Some counties do not charge a fee. Wood County uses the Carmody System, which is a computer based program that automatically goes into their server. Haga asked if the people pumping the tanks are licensed. Brazzale replied yes, they are licensed to pump the tank and to see if it looks to be in operating condition. Administrative Code says all counties have to complete an inventory within three years of October 1, 2008, and within five years, all counties have to put in place a maintenance and management program for all those new systems. Brazzale spoke with the Towns’ Association regarding this issue at their last meeting. Haga stated if there are associated costs with the maintenance program, the fee should be charged to the user and he suggested figuring what is spent annually on this program in order to come up with a fee. Brazzale stated this is an unfunded mandated program by the State, so if the Department was to charge a fee on property taxes for the maintenance program, it would not be for money making purposes, but to cover maintenance program costs.

Brazzale stated a letter will be sent to all surveyors reminding them to have the towns sign off on all survey maps as well as the County. Some towns have complained that surveyors are not bringing the maps to them. The letter will also state who needs to be listed on the map for the signature block from the town.

An annual cell tower inventory is in process by the Department’s intern. It is almost complete. He has sent letters out and most cell tower owners or agents have responded. The Eau Pleine cell tower has gone through Board of Adjustment and received approval to put up a self-support tower. This should be finalized in 2009.

Wind turbines are being researched to generate electricity. Currently, in the Exclusive Agriculture Zoning District, wind turbines are not allowed. In order to allow these, the Zoning Ordinance will have to be changed. Another issue is some people want to be able to put these wind turbines directly on, or close to, the property line. Most ordinances require a setback of at least the height of the tower away from the property line. Some counties are completely prohibiting them. Fond du Lac and Dodge Counties both have wind turbines. Haga stated these turbines do make a lot of noise that can be heard quite a distance. Brazzale stated the County Planners group is going to hold their April meeting in Fond du Lac to tour their wind turbines. There is a visitor center at one of the turbines. Those that are against the towers are for reasons such as, noise, flickering or flutter, and bird and bat kill. We are trying to lose our dependence on foreign oil and go to alternative energy sources, but some of these alternatives may not be acceptable to everyone. Haga stated when the towers are erected, they are done so by a private firm and then that firm sells them to a utility company. Then the utility company can supersede and go right across the property to get to these towers and condemn the land for the road right-of-way. Brazzale stated if counties continue to have restrictive ordinances prohibiting these turbines, the State will strictly take care of the turbines and will pull the counties and locals out of the process entirely. Potocki stated there are some counties that have bought and erected these wind turbines for themselves. They now have electricity for the entire county, they get money from the utilities for the unused electricity, and they do not have any county tax. Haga stated the problem is where do you put them? Brazzale stated Fond du Lac County does not have county zoning, so if there is any zoning, it is individual town zoning. If there is no town zoning, they can go almost anywhere.

10. Next Meeting Date The next Planning and Zoning Committee meeting is March 24, 2009 at 4:00 pm in Conference Room 5 of the County Annex.

11. Adjournment Piesik moved to adjourn. Haga seconded the motion, which passed by voice vote. Meeting adjourned 5:05 p.m.

Respectfully submitted,

Jamie Phillis, Recording Secretary Robert Brilowski, Vice-Chair Date

Meeting Minutes for the Planning and Zoning Committee

Meeting Date: 03/24/2009

Meeting Time: 04:00 PM

Meeting Location: Conference Room 5, Third Floor, Portage County Annex, 1462 Strongs Avenue, Stevens Point WI 54481 MINUTES PORTAGE COUNTY PLANNING AND ZONING COMMITTEE March 24, 2009

Call to Order Vice-Chair Brilowski called the meeting of the Portage County Planning and Zoning Committee to order at 4:00 p.m. in Conference Room 5 of the County Annex.

Roll Call Members present: Brilowski, Haga, and Potocki. Members excused: Olson and Piesik. Staff present: Brazzale, King, Pelky, and Phillis, Planning and Zoning Department.

Others Present None

BUSINESS MEETING

2. Review/Approval of February 24, 2009 Minutes With no discussion necessary, Haga moved to approve the February 24, 2009 minutes. Potocki seconded the motion, which passed by voice vote.

3. Review/Approval - Vouchers Potocki moved to approve Voucher Approval numbers 20090150, 20090169, and 20090189 as presented by Brazzale. Haga seconded the motion, which passed by voice vote.

4. Review/Approval – Purchase Authorization Haga moved to approve the purchase authorization as presented by Brazzale. Potocki seconded the motion, which passed by voice vote.

5. Review/Approval – Procurement Card Authorization Haga moved to approve the procurement card authorization as presented by Brazzale. Potocki seconded the motion, which passed by voice vote.

6. Correspondence None.

Brazzale asked to take the Addendum item next.

Addendum: Discussion/Possible Action on ATTIC Correctional Services Contract Extension with Possible Increase in Services King stated there was a shift of staff and two people were terminated. There are 160 people in a program designed for 80 people. For the month of March, the agency has double staffed shifts that are high volume at their own cost. The schedule varies every week as to how much staff is needed. The proposal for the next two months is to plan on double staffing three shifts and the County would pay for it. King has decided to request permission to use her conference budget and training budget, which total $1,841, to pay for the double staffing of three shifts per week and adding one community service crew per month. The change in the contract would total $1,162, so the money from those budgets would cover the two month request. In the resolution for County Board, King will ask to continue that change for the balance of the year, which will be seven months of service.

Potocki asked what happens if the Board will not approve her request. King replied all services will stop at the end of May and there will be no program.

Potocki asked if Day Report is in lieu of offenders going to jail while awaiting trial. King replied yes. The three primary populations in Day Report are coming from bond conditions in lieu of jail, offenders from the Department of Corrections, and monitoring people on home detention. In the last six months there has been a remarkable increase in people from the Volunteer in Probation Program (VIP).

Potocki asked what the VIP consists of. King replied Justiceworks, as an organization, created a VIP. The Judge can take people who are fairly social, non-felons, and place them on a diversion program where they plead guilty, but a sentence is not rendered. It is called deferred entry of judgment. The VIP will match these offenders up with a mentor from the community. Justiceworks received an earmark grant and tried to expand the program by recruiting more volunteers and taking more offenders in. Now there are more serious offenders coming into the program. Day Report started, as a favor, monitoring, but now it is starting to be more like a right. King had asked for referrals to cease, but instead they increased. Potocki asked if the offenders have a choice of either going to Day Report, posting bond, or going to jail. King replied yes, they have a choice of Day Report or a higher cash bond. Potocki stated if there is no Day Report and they do not have money to post bond, then they go to jail, which would mean a higher jail population. King agreed.

Potocki moved to approve the ATTIC Correctional Services Contract extension with the possible increase in services. Haga seconded the motion, which passed by voice vote.

7. Discussion of Possible Text Amendments to POWTS, Floodplain, and General Zoning Ordinances Brazzale stated the Private Sewage Ordinance (POWTS) is still going through some changes and may possibly be finalized within the next few months.

The Floodplain Ordinance should be going through a public hearing in May. The amendment and map approval deadline is June 20, 2009 (correction: deadline date is July 20, 2009). Most of the changes in the Floodplain Ordinance are mandated by FEMA.

The most important change to the Zoning Ordinance would be regarding private wind towers. Wind Electrical Generation Towers (WEGT) are allowed in three of the agricultural districts for private or permitted use. A public hearing is required for commercial WEGT. There is a company with 12-20 customers that would like to put up private WEGT. Most customers in the unincorporated areas are in the A1, Exclusive Agricultural Zoning District, which does not allow WEGT. If there is approval from appropriate towns, then Brazzale would like to see the Zoning Ordinance changed to have WEGT a permitted use in the A1 Zoning District as a private use for personal farming operations. If they are looking to have a wind farm field for commercial purposes, then a public hearing is required.

Haga asked when the operation is considered commercial. Brazzale replied if a public utility approaches a landowner to put 15 WEGT on their property, then it is considered commercial since the electricity generated is going directly to the public utility. If a commercial operation wants to erect WEGT to generate enough electricity to run their factory, then that is considered a private use because the electricity is going strictly to their operation. If they generate more electricity then needed, then they could sell it back to the utilities, but the main purpose is private use.

Potocki asked how big are private WEGT. Pelky replied they can be 125-150 feet tall fully extended. Haga asked how tall a two-story house is. Brazzale replied a little less than 35 feet. Amendment 7.1.3.1 is proposing the setback be the same distance from the property line as the height of the WEGT. If the neighbor agrees to sign an easement stating the fall zone could come onto their property, then a lesser setback could be allowed. Haga asked if the setback should include any structure. The WEGT will need to have a clear path of air, and if there is any structure located within 150 feet of the WEGT, it may affect the wind turbulence. Brazzale replied if someone wants a WEGT on their property, they will assume liability. Pelky stated another issue is WEGT being an obstacle for aerial applicators to contend with.

Brazzale stated cellular towers are allowed in the A1 Zoning District, so it makes sense to allow WEGT in that district as well. The WEGT need to be either erected as lattice, self-support, or mono-pole, rather than using guyed wires. If towns seem to have opposition, then the County will pull back. The amendments do have to be run through the Corporation Counsel’s Office. Brazzale is hoping to have the Zoning Ordinance text amendments for the WEGT go through public hearing in April.

8. Department Report No report.

9. Next Meeting Date The next Planning and Zoning Committee meeting is April 28, 2009 at 4:00 pm in Conference Room 5 of the County Annex.

10. Adjournment Haga moved to adjourn. Potocki seconded the motion, which passed by voice vote. Meeting adjourned 4:53 p.m.

Respectfully submitted,

Jamie Phillis, Recording Secretary Robert Brilowski, Vice-Chair Date

Meeting Minutes for the Planning and Zoning Committee

Meeting Date: 04/28/2009

Meeting Time: 04:00 PM

Meeting Location: Conference Room 5, Third Floor, Portage County Annex, 1462 Strongs Avenue, Stevens Point WI 54481 MINUTES PORTAGE COUNTY PLANNING AND ZONING COMMITTEE April 28, 2009

Call to Order Chair Olson called the meeting of the Portage County Planning and Zoning Committee to order at 4:00 p.m. in Conference Room 5 of the County Annex.

Roll Call Members present: Haga, Olson, Piesik, and Potocki. Member excused: Brilowski. Staff present: Brazzale, King, Mrdutt, and Phillis, Planning and Zoning Department.

Others Present Robert Gierach, Marj Bachhuber, Alan Hucke, Laura West, Jarod West, Jim Edwards, Mark Zajackowski, John Becker, Florian Zajackowski, Paul Hoffman, Carl Karcheski, Richard Barden, Tim Karcheski, Barb Kuklinski, Jeff Disher, Neil Eastman, Damon Reabe

PUBLIC HEARING Joyce Kupsch and Leon Pankratz, Owners, Hoffman Construction Company, Agent (R09-02) – Request to Amend the Portage County Zoning Ordinance by Changing the Zoning Classification of an Area Approximately 64 Acres From A1, Exclusive Agricultural Zoning District to A4, General Agricultural Zoning District – Town of Eau Pleine Olson read the public hearing notice. Mrdutt provided a report stating the next section of the new US Highway 10 from Long Road to County Road N will need an estimated three million cubic yards of fill. In the Committee report, some of the soil characteristics for road fill were classified as poor and fair, which is misleading. In looking at the soil peat, it is only looking at the first few feet. With these ponds, or borrow pits, they are looking at depths of 25-30 feet. The top indication, which may give the soil a poor rating, is pushed off and later used for topsoil. This request is consistent with the surrounding zoning, some is A1 and other parts are A4. The Town of Eau Pleine’s Future Land Use Plan is consistent with the zoning change to A4. Other concerns, such as the natural gas pipeline and setbacks, would be addressed through the Board of Adjustment (BOA).

Piesik asked if there was an easement for the pipeline. Mrdutt replied he is unsure of the specifics of any pipeline easement. Hoffman wants to stay 50 feet away from the pipeline. Olson asked if the pipeline already exists. Hoffman replied he was informed by the owners the pipeline is already there. Mrdutt stated if there is a pipeline, setbacks will have to be maintained.

Olson asked what the depths of the test borings are. Hoffman replied 35 feet. Rock was never encountered on the Pankratz property. His company has worked around a gas line before, and the standard procedure has been to propose a setback and slope to the gas company.

Olson read a letter from the Town of Eau Pleine approving the request into the record.

James Edwards asked to see a map of where the ponds or pits will be located. He is an adjacent property owner and is concerned about water overflowing onto his property. Hoffman stated the ponds will be fed from the bottom up. The ponds are shown on the maps at their maximum size. Hoffman is going to have a wetland delineator delineate the ponds, and they will be smaller than they appear on the map. An “As-Built” drawing will be submitted to show where the actual pond is. Olson asked about proposed drainage from the Highway 10 right-of-way. Hoffman stated there is a creek that runs northeast to use for drainage. If there would be any water coming from the ponds, it would flow down the natural drainage and not toward Mr. Edwards property.

Brazzale stated the action to be taken tonight is strictly for the rezoning. If this is passed through the County Board, the details will be finalized when it gets to BOA, not that Mr. Edwards questions are premature. Hoffman stated the requests are for three parcels to be rezoned from A1 to A4, which will allow a condition for a pond. If approved, then Hoffman, as an agent, would apply for a pond permit through BOA. Edwards stated he needed to voice his concerns during this first step, so they are known.

There being no further questions or testimony, Olson closed the public hearing at 4:12pm.

Kevin and Diane Skinner, Owners, Hoffman Construction Company, Agent (R09-03) – Request to Amend the Portage County Zoning Ordinance by Changing the Zoning Classification of an Area Approximately 90 Acres From A1, Exclusive Agricultural Zoning District to A4, General Agricultural Zoning District – Town of Eau Pleine Olson read the public hearing notice. A letter from the Town of Eau Pleine approving the request was read into the record. Mrdutt provided a report stating this request is similar to the first request, rezoning from A1 to A4. The use is also for borrow sites and ponds. The surrounding zoning is mostly A4. The Town of Eau Pleine’s Future Land Use Plan is compatible with the request.

Haga entered at approximately 4:14pm.

Piesik asked how far these ponds are from the ponds in the first request. Mrdutt replied these ponds are approximately one mile west. These ponds are based on the fill needed for the overpass. Piesik asked what the division is between ponds two and three. Mrdutt replied there is a drainage ditch that runs through and then a wetland delineator will be hired, and the Department of Natural Resources (DNR) will review the delineation. An “As-Built” will be submitted to the Planning and Zoning Department indicating where the ponds are constructed. He believes there is a wetland dividing ponds two and three. The report before the Committee is showing the maximum amount that would be approved. Hoffman stated Victory Road and Trestik Road are within one mile, so the ponds are within one mile of each other.

There being no further questions or testimony, Olson closed the public hearing at 4:18pm.

John Sheehan and Michael and Elizabeth Tushkowski, Owners, Hoffman Construction Company, Agent (R09-04) – Request to Amend the Portage County Zoning Ordinance by Changing the Zoning Classification of an Area Approximately 34 Acres From A1, Exclusive Agricultural Zoning District to A4, General Agricultural Zoning District – Town of Carson Olson read the public hearing notice. Mrdutt provided a report stating this request is similar to the first two, rezoning from A1 to A4. This request is in the Town of Carson and is consistent with the Town’s Future Land Use Plan. There is a mix of A1 and A4 zoning surrounding this parcel. The proposal is for a borrow site to provide fill for the new US Highway 10 road project. There is less concern for the wetland delineation on this property.

Olson read a letter from the Town of Carson approving the request at their April 14, 2009, meeting into the record.

Olson asked if one of the requests was in Farmland Preservation. Mrdutt replied yes, the Pankratz request. Olson asked if that would affect anything. Mrdutt replied after the rezoning it will all be taken out of Farmland Preservation. Brazzale stated if a rezoning takes place with a parcel in the Farmland Preservation Program, any tax credits received would have to be paid back for the area that was rezoned by prorating the amount. It would be between the landowner, contractor, and the Department of Revenue.

There being no further questions or testimony, Olson closed the public hearing at 4:21pm.

Portage County Planning and Zoning Committee (T09-01) - Requests to Amend the Portage County Zoning Ordinance Text. Olson read the public hearing notice. Brazzale provided a report stating Wind Electrical Generation Towers (WEGT) are currently allowed in three of the agricultural zoning districts. They were not included in the A1, Exclusive Agricultural, the A20, Primary Agricultural, or any of the Commercial or Residential Districts. As a result of some proposals, the decision was made to move forward some recommended changes to the A1, A20, C3, and C4 Districts to allow private or personal smaller WEGT as a permitted use and as a special exception, requiring a public hearing, for the larger wind farms.

The Towns of Almond and Plover passed a moratorium on WEGT. The Town of Sharon feels the County is moving too quickly on the process and would like WEGT listed as a conditional use or a special exception. The Town of Belmont has passed a resolution supporting this request. The individuals that have the distributorship for the WEGT approached the Department for quick support, because they are under time limits for grants. Brazzale informed them he would support this request as long as there was support from the towns. He did present this information to the Towns Association, however, not all of the towns were there, and no action was taken. The concern found in discussions was with the large commercial wind farms. The interest in this request is primarily for the smaller WEGT for individual use, rather than commercial use. Brazzale stated the commercial units can be eliminated from the special exception use part and strictly focus on the private uses and setting parameters to the output and height. If the Committee moves forward, the request will go to the County Board for action in May.

Brazzale stated he did tour the large wind farm in Fond du Lac. Haga asked how big were the WEGT in Fond du Lac. Brazzale replied 1.6 megawatts and from the top of the blade fully extended was 400-410 feet tall.

Al Hucke from Wisconsin Wind Energy stated he is a WEGT installer and dealer. A few customers have approached him from Portage County to put up WEGT. He does not believe there is another county in the State that does not allow WEGT to be erected on an A1 Zoning District, but they may have some restrictions. The Midwest Renewable Energy (MRE) building in Portage County has a 20 kilowatt (kw) machine; if there are concerns of noise or flicker, then visit this site. The concern seems to be with the larger WEGT, which have 120 foot blades. The WEGT he is interested in installing are much smaller with about 20-30 foot blades. They are for the sole use of the farmer’s operations. There are several funding sources out there for WEGT installation. Focus on Energy is offering a 35% refund for overall costs, an ITC tax credit for a 30% refund, and a United States Department of Agriculture (USDA) grant for another 25% refund. So there is up to a 90% refund on the total cost.

Olson asked if the units Hucke is referring to are large enough for the owner to sell energy back to the utility company. Hucke replied if more energy is being produced than is needed, the meter will spin backwards. If Wisconsin Public Service (WPS) charges $0.12 per kw hour, then they will pay back at $0.12 per kw hour. Some companies offer the same benefit, and some double the benefit.

Olson asked what is the smallest type of WEGT appropriate for a residence. Hucke replied the smallest WEGT is 2kw up to a 20kw. Haga asked how big the blades would be on a 2kw. Hucke replied about five to six feet. The higher the tower, the more wind will be caught. Hucke spoke with a crop duster who supports the proposal as long as the blades are not in the way. Crop dusters will be informed where the WEGT are going to be placed. Hucke is only looking at erecting the small WEGT, not the larger WEGT for a wind farm.

Olson asked if there was anyone who has any knowledge on where wind currents are and the best place to put the WEGT. Laura West replied there are Wisconsin wind maps that are used to determine the wind speed at different meters and how it extrapolates down due to the height of the tower.

Hucke stated a few of his clients are dairy farmers and they may spend $20,000-25,000 per year on electricity. If they put up a 50kw WEGT they will save $10,000-20,000 per year on electricity and will be paid back with the grant funding mentioned earlier. There are deadlines the farmers would have to meet to apply for these grants, which is why this request may seem a bit rushed.

Marj Bachhuber, Town of Amherst Plan Commission, stated she is concerned that some WEGT are getting in the way of radar lines for Doppler Radar. She is unsure if the smaller ones would be of concern. An article she read stated the rotating blades reflect back to the radar sending a false signal. Olson asked how a developer would know where the Doppler Radar is located. Bachhuber replied she is unsure. Hucke stated these articles must be referring to the large wind farms. Potocki asked if the articles referred to any WEGT height. Bachhuber replied no.

Tim Karcheski, Town of Plover Chairman, stated they had placed a moratorium on WEGT in haste because of the time restrictions. According to 66.0401 of State Statutes there is not much a municipality can do to prevent these WEGT. Basically, for a municipality to put a moratorium on the WEGT they would have to prove there is a safety issue to public welfare. The Town of Plover has no objection against private WEGT.

Damon Reabe, Reabe Spraying Service, stated the size and density of the WEGT, or the number of WEGT per square mile, would not be incompatible with the aerial application business. There is a verbal agreement between himself and the installer for cooperation and siting of the WEGT. He would like the language in the ordinance to reflect that aerial applicators be involved in the siting process. Anytime an obstruction is put up where aerial applicators are operating, it does impact the safety of those performing the job. The second issue Reabe is concerned with is a height limit being set. The third issue is the type of pole the WEGT is constructed with. Guyed wires, in certain light, are invisible to aerial applicators. He would like to see the WEGT with a single pole, whether it be a lattice or monopole.

Potocki asked if the WEGT is for private use, how far does it have to be from a residence or structure. Hucke replied the maximum distance would be 1,000 feet. The closer the WEGT the better because the longer the wires, the less energy is going to be produced. Potocki stated then a WEGT would be placed on or near a residence, aerial applicators do not fly there. Reabe stated it depends, every field is different. His concern would be the WEGT installed to operate center pivot irrigation. There are places in the field a WEGT could be placed that would pose no problem for aerial applicators.

Hucke stated the large turbines have a minimum distance between the blade and the ground. A typical WEGT hub height is from 100-120 feet. He will not construct WEGT with guyed wires; they will either be lattice or monopole. Brazzale stated the proposal is for freestanding WEGT, no guyed wires.

Brazzale stated the Department does work with Reabe Spraying Service with cell towers. Any time a cell tower goes up, Reabe is notified. Reabe stated it is working well. The density of the WEGT could be more intense than cell towers, which is why he would like to be involved in the siting process. Karcheski stated the farmer does have the option to spray their fields in other ways, such as ground spraying. Reabe stated there is no question that fields can be sprayed by ground sprayers. He does have a letter from Professor Stevenson illustrating how aerial applicators have saved this region $12 million per year in pesticide use and storage loses. It is not an issue of which option is better, but it has to do with the timeliness of the application. When the pest pressure gets to a certain level, there is a timely application made.

Haga stated he is concerned with having a private entity help make decisions within the ordinance. He asked if there are other aerial applicators or an association in the area. Reabe replied yes, there is an association. Piesik suggested Planning and Zoning Department staff get educated on what Reabe is requesting.

Laura West stated she is a wind site assessor. She will go to the site to determine the best possible area for the WEGT to be placed. To figure the height of the tower, take the tallest object within a 500 foot radius and 30 feet higher will get you above the turbulence. The total height of the WEGT will include the blade; generally they are 100- 120 feet. The tallest WEGT she has worked with is 173 feet, because of trees. She does not work with any towers over 200 feet tall. Most municipalities she has worked with do not allow guyed wires. Usually, the setback from the road or property line is the height of the tower. West supplied the Committee with a copy of the State Statutes and a guide for State and local government answering questions about WEGT.

Bachhuber asked how the WEGT will affect private airfields. West stated for towers 200 feet or more, the FAA requires a distance of four miles from any municipal airport. The owner of any landing strip located within 10 miles of a proposed WEGT needs to be notified of the proposal. There is no application required unless the WEGT is over 200 feet or within a four mile radius of an airport. Jarrod West stated if someone is interested in erecting a WEGT on their property, and wants to receive some funding, they need to have a wind site assessment done in order to receive the grant funding. The aerial applicators may be able to work with the wind site assessor instead of having to change the ordinance.

There being no further questions or testimony, Olson closed the public hearing at 5:09pm.

BUSINESS MEETING

1. Members of the Public Who Wish to Address the Committee on Specific Agenda Items Must Register Their Request at This Time, With Such Comments Subject to the Reasonable Control of the Committee Chair as Set Forth in Robert’s Rules of Order Robert Gierach registered to speak regarding agenda item #12, GR Kirk Company Lot Split.

Brazzale asked to take agenda item #11 next.

11. Discussion/Possible Action on Support For Continuation of Contract For Professional Services – ATTIC Correctional Services, Inc. King stated she is approaching the Committee for support in extending the ATTIC Contract for the balance of the year. Public Safety has already approved the extension and signed the resolution. Two things will be done differently than in the previous versions of the contract. Staff services will be increased for the Day Report Program, three shifts per week and two staff members per shift. The second service to be increased in this seven month contract is the Community Service work crews. Essentially, they have been restored to the same length as last year. In other words, from this month forward through October there will be two weekends per month increase. The net cost of this extension is $120,827. She may be coming back next month to move one program from the contract to Justiceworks.

Piesik asked why the workload is increasing. King replied the core contract allows them to manage 80 people in Day Report and they are up to almost 160 people. At 120 people it was aware that problems were arising. The major increases are coming from Justiceworks and the court systems. It has been discussed to curtail the Department of Corrections, the courts, and Volunteer in Probation, but are reluctant since all that come into the program need the supervision.

Potocki moved to support the Continuation of Contract for Professional Services with ATTIC Correctional Services, Inc. Haga seconded the motion, which passed by voice vote.

2. Review/Approval of March 24, 2009 Minutes With no discussion necessary, Haga moved to approve the March 24, 2009 minutes. Potocki seconded the motion, which passed by voice vote.

3. Review/Approval - Vouchers Haga moved to approve Voucher Approval number 20090267 as presented by Brazzale. Piesik seconded the motion, which passed by voice vote.

4. Review/Approval – Purchase Authorization Piesik moved to approve the purchase authorization as presented by Brazzale. Haga seconded the motion, which passed by voice vote.

5. Review/Approval – Procurement Card Authorization Haga moved to approve the procurement card authorization as presented by Brazzale. Piesik seconded the motion, which passed by voice vote.

6. Correspondence None.

7. Decision on Kupsch & Pankratz/Hoffman (R09-02) – Town of Eau Pleine With no discussion necessary, Piesik moved to amend the Portage County Zoning Ordinance by changing the zoning classification of an area approximately 64 acres from A1, Exclusive Agricultural Zoning District to A4, General Agricultural Zoning District in the Town of Eau Pleine. Potocki seconded the motion, which passed by voice vote.

8. Decision on Skinner/Hoffman (R09-03) – Town of Eau Pleine With no discussion necessary, Haga moved to amend the Portage County Zoning Ordinance by changing the zoning classification of an area approximately 90 acres from A1, Exclusive Agricultural Zoning District to A4, General Agricultural Zoning District in the Town of Eau Pleine. Potocki seconded the motion, which passed by voice vote.

9. Decision on Sheehan & Tushkowski/Hoffman (R09-04) – Town of Carson With no discussion necessary, Potocki moved to amend the Portage County Zoning Ordinance by changing the zoning classification of an area approximately 34 acres from A1, Exclusive Agricultural Zoning District to A4, General Agricultural Zoning District in the Town of Carson. Piesik seconded the motion, which passed by voice vote.

Olson noted these requests will be forwarded to the County Board for action at their May 19, 2009 meeting.

10. Decision on Portage County Zoning Ordinance Text Amendment (T09-01) Brazzale stated the commercial units are causing the most concern. He suggested eliminating the commercial units setting a maximum height on the smaller WEGT of 160 feet. Anything over 160 feet would require a variance. Staff would include aerial applicators and recommend all parties meet with a wind assessor to avoid complications.

Potocki asked if text should include a setback from municipal airports. Haga asked how it is made aware these airports exist in the County. Bachhuber replied they are identified in the Town of Amherst Comprehensive Plan. Brazzale stated he is aware of about four municipal airports throughout the County, one in Amherst and one in Pine Grove.

Olson stated he is concerned with passing the Ordinance without more information, appropriate language, and setbacks. Brazzale stated the setback would be, at a minimum, the height of the tower from the lot line. The same as the cell tower setback. Olson stated he still feels more research should be done on the issue.

Potocki asked if there is a maximum height requirement on cell towers. Brazzale stated no. Mrdutt stated they are self limiting in regards to money, a company is not going to erect a tower higher than needed. The tallest cell tower in the County is 350 feet.

Olson stated there needs to be better language pertaining to these landing strips. Haga asked what type of zoning Ordinance or classification there is for a landing strip. Brazzale stated it is allowed under Agricultural Zoning, but it has to receive a special exception through BOA. Piesik stated the FAA requires towers over to 200 feet to get approval, which may be a good number to use for maximum height requirements. This WEGT text is less than the Cell Tower Ordinance. Brazzale stated yes, there are multiple pages on the Cell Tower Ordinance. The County will eventually have a Wind Energy Ordinance, whether it is part of the Zoning Ordinance or stand alone. He has no problem putting on a maximum height requirement. Haga stated he believes 200 feet would be very generous.

Brazzale stated wording can be added to the text to include site assessment, location to private landing strips and public airports, and not to exceed a maximum height. Olson stated that would help alleviate some concerns, but there still may be some public interest. Brazzale stated if the Committee is comfortable he will work on some wording regarding location, mandatory notification, airports, and maximum height. He feels that 200 feet may be a bit much, and suggested 160-170 feet as a maximum and anything beyond would require a variance.

Potocki asked if there were other counties with ordinances for WEGT. Brazzale replied Marathon County has WEGT as a permitted use and a conditional use. It does not make mention of any airports. He stated the Committee needs to feel comfortable with the text amendments in order for them to move forward. If WEGT are listed in the Ordinance as a permitted use, it is allowed with a permit issued by Planning and Zoning staff. Those listed as a special exception would require a public hearing before BOA. For the time being, the focus can be on private WEGT. He will put together language referring to height, site assessment, public and private airports, and allowing WEGT as a permitted use. Mrdutt asked if this will only pertain to A1, A20, C3, and C4 Zoning Districts and not the existing districts that already allow WEGT. Brazzale replied it would affect the other districts by putting on these other requirements. Mrdutt stated to make the Committee aware WEGT is already a permitted use in the Ordinance in these other districts. Brazzale stated more restrictions will be put on those so they are all uniform.

Olson stated he would still like to see this request tabled until these issues can be settled and language changed. Brazzale stated he is willing to put together wording and take it to Corporation Counsel for review to meet the needs the Committee has expressed.

With no further discussion, Haga moved to amend the Portage County Zoning Ordinance Text contingent upon modifications as discussed. Piesik seconded the motion, which passed by voice vote of 3-1, with Olson in opposition.

12. Discussion/Possible Action on Proposed Lot Split for GR Kirk Company – Sections 31 & 32, Town 21 North, Range 10 East, Town of Belmont Brazzale stated this area was part of a tree farm operation. This is a six lot proposal. There will need to be water tests on these lots. Staff concern is the land is currently being farmed and typically, staff would not support any lots being proposed in center pivot agriculture. This is zoned A3, Low Density Agricultural. If the pivot would be removed and was not farmed with irrigated agriculture, there would be no concern.

Gierach stated this was originally a Scotch Pine Christmas Tree operation. The neighbors to the west currently hold a lease on the property through 2015. They put the pivot on the property for their use as part of the lease agreement. Should they chose not to release or buy the property, the pivot will come off. The Kirk Company, once the largest Christmas tree grower in the world, has many acres in Waushara and Portage Counties. They have since ceased growing Christmas trees. Four years ago there was a re-evaluation done on the land and they are depreciating their land over the next 10 years. They want to be proactive and able to get the highest use out of the land, whether it is selling it to the leasee, or to subdivide it into the smallest lot size they can to sell as a buildable lot. Olson asked if they want to get the land split before more rules and regulations are set. Gierach replied yes.

Olson read a letter from the Town of Belmont approving the request at their September 11, 2007 meeting. Gierach stated he does have new survey maps that were reapproved at the Town of Belmont’s April 14, 2009 meeting.

Haga asked if these lots are approved will the corner markers be placed. Gierach replied, currently, the corner markers are only placed at the road frontage, so they would have to be reset.

Potocki asked if staff is recommending denying the request. Brazzale replied correct, because it is irrigated agriculture and would be a conflicting use to have lots on irrigated agriculture. They are meeting the minimum lot sizes in the zoning category.

Neil Eastman, Town of Belmont Chair, stated in the Town of Belmont there is nothing in writing that states this irrigated land could not be split into five acre parcels in order to deny the request. Brazzale stated this is consistent with the Town of Belmont’s Comprehensive Plan. If this was not an irrigated agricultural field, there would be less concern. Haga asked if this conforms to the Ordinance. Brazzale replied the reason this Committee is reviewing the request is because of the Subdivision Ordinance to make sure if lots are being created they are compatible with surrounding uses.

Gierach stated this can be sold as a 32 acre parcel to a farmer and they can leave the pivot on the property. If the Kirk Company was sure the zoning was not going to change down the road, they would not have made the request and would wait until 2015 to try and sell to the lessee and if they did not buy, then the request for the lots would come. Mrdutt stated uses could change in the future making a lot split more appropriate.

Potocki asked for more clarification on the incompatibility with the lot splits on irrigated agriculture if it is not stated in the Ordinance. Brazzale replied in the intent statement of the Subdivision Ordinance, having lots created would not be compatible with the type of agriculture in that area. Haga stated then the Subdivision Ordinance needs to clearly state it.

Haga moved to approve the lot split for GR Kirk Company in Sections 31 & 32, Town 21 North, Range 10 East, in the Town of Belmont. Potocki seconded the motion, which passed by a voice vote of 3-1, with Piesik in opposition.

13. Department Report No report.

14. Next Meeting Date The next Planning and Zoning Committee meeting is May 26, 2009 at 4:00 pm in Conference Room 5 of the County Annex.

15. Adjournment Olson moved to adjourn. Haga seconded the motion, which passed by voice vote. Meeting adjourned 6:07 p.m.

Respectfully submitted,

Jamie Phillis, Recording Secretary Harvey Olson, Chair Date

Meeting Minutes for the Planning and Zoning Committee

Meeting Date: 05/26/2009

Meeting Time: 04:00 PM

Meeting Location: Conference Room 5, Third Floor, Portage County Annex, 1462 Strongs Avenue, Stevens Point WI 54481 MINUTES PORTAGE COUNTY PLANNING AND ZONING COMMITTEE May 26, 2009

Call to Order Chair Olson called the meeting of the Portage County Planning and Zoning Committee to order at 4:00 p.m. in Conference Room 5 of the County Annex.

Roll Call Members present: Brilowski, Haga, Olson, Piesik, and Potocki. Staff present: Brazzale, King, Lucht, and Phillis, Planning and Zoning Department.

Others Present Carl Karcheski, Town of Linwood

PUBLIC HEARING Portage County Planning and Zoning Committee (T09-02) - Requests to Amend the Portage County Floodplain Zoning Ordinance Text, Floodplain Maps, and Flood Insurance Study (FIS) Olson read the public hearing notice. Brazzale provided a report stating these changes are required by Federal Emergency Management Agency (FEMA). Portage County was to start the map modernization process by FEMA in 2006. There are a number of changes needed to the Floodplain Ordinance in order to make it comply with FEMA requirements, as well as Wisconsin Department of Natural Resources (DNR) requirements. Brazzale provided a summary of the changes to the Committee and stated any changes listed were required by FEMA or DNR. The three things taking place are as follows: amending the Floodplain Zoning Ordinance text, approving the new Flood Insurance Rate Maps (FIRM), and the FIS. The maps are currently paper with a white background and black or gray writing. There are 11 panels for the whole County and four panels for the detailed study along the Wisconsin River and Rocky Run area. The update includes 55 panels. Instead of having the scale at one inch equals 2,000 feet for all the maps, there will be one map with one inch equals 2,000 feet, 32 maps at one inch equals 1,000 feet, and 22 maps at one inch equals 500 feet. The maps will still show the same area, but they will be bigger. Now they have put the flood information on an aerial photo to make it easier to locate property and buildings. FIRM and Floodway maps were incorporated into one map. Information shown on the maps will be put on the photo base for the aerial photos. Some areas have changed, such as some being pulled out of the floodplain that were in before, and some being put into the floodplain that were not before. If there is a concern about a piece of property being in the floodplain, the owner will need to have survey work done for elevation determination. The FIS has the whole County listed in the document, previously only the unincorporated areas were included. The back of the FIS has graphs indicating the 100 year floodplain and the 500 year floodplain for the Wisconsin River and Rocky Run area. Those are the only two detailed studies in Portage County.

The text amendment changes are all in red. There are two changes that were not originally part of the Ordinance; they are on page 25, definitions. The two definitions are for ‘NAVD’ NORTH AMERICAN VERTICAL DATUM, and NONFLOOD DISASTER. There was a law passed a few years ago that stated if a house located in a floodway was damaged by something other than flooding, it could be rebuilt. Other disaster means fire, ice storm, tornado, windstorm, mudslide, or other destructive act of nature, but excludes floods. The NAVD is a datum used to determine sea level, which was amended in 1988. Old elevations were previously based on the ‘NGVD’ NATIONAL GEODETIC VERTICAL DATUM from 1929. The current FIS is based on the NAVD. If someone is having survey work to determine the floodplain, the surveyor will have to use the NAVD versus the NGVD.

Olson asked how the new maps will be distributed. Brazzale replied he is unsure of the number of copies the Department will receive. Last time, 100 maps were received and they were distributed to realtors and surveyors. Also, there is internet access for ordering the new maps. Information on these maps will be put on the County website so anyone can access the map and look at the aerial photos.

Olson referred to page 16 and asked who determined the cost exceeding $125,000. Brazzale replied that is listed in NR 116 of the Administrative Code dealing with floodplain ordinances and has not changed. The new paragraph was mandatory. The only thing not included in the cost of building in a floodplain is the cost of the land. Olson asked if there is any denial, does it go to the Board of Adjustment. Brazzale replied yes.

Piesik stated the maps and ordinance revision are dated in the future. Brazzale stated yes, July 20, 2009. All 55 panels and the FIS all use that date. From June 2005 to August 2006, FEMA was working on various pieces of information and contacted the Department to inform us a scoping meeting was needed to discuss requirements. The scoping meeting was held September 2006; December 21, 2007 preliminary maps were received; January 2008 a letter was received from FEMA indicating an open house and meeting was needed; all Committee members, elected officials, and the media were sent notice of the open house and meeting held on February 28, 2008; September 18, 2008 FEMA received Brazzale’s recommendations resulting from the open house in February; December 2008 FEMA sent a letter indicating there were a few areas brought up in our concerns they were protesting since there was no engineering work to back it up; and January 20, 2009 the differences were resolved, with some things changed and some not. From the last contact, we had six months to have the new Ordinance adopted and if not, we would be kicked out of the flood insurance program with no exceptions. Brazzale set up the timetable of the amendments going for public hearing in May and County Board in June, so everything would be ready by the July 20, 2009 deadline.

Carl Karcheski, Town of Linwood Chair, asked if the new map should be part of the Comprehensive Plan. Brazzale replied the Comprehensive Plan refers to the floodplain maps, so it would be whatever maps are in effect. Since the Town of Linwood has not adopted their Comprehensive Plan yet, they should look at how the two differ and see if there are any changes that need to be made to the Plan.

Piesik asked what happens if the new maps put someone in the floodplain that was not previously in the floodplain. Brazzale replied if they had to have flood insurance because the previous map put them in the floodplain, then the new map would not require them to purchase flood insurance because they are no longer shown in the floodplain. If they were not previously in the floodplain, but are now, they will need to purchase flood insurance or have survey work done to prove they are not in the floodplain. Piesik asked what happens if now there is a building sitting in a floodplain, would it be grandfathered in. Brazzale replied yes, but they will more than likely need flood insurance.

Karcheski stated those who have already gone through the process of proving their property is not in a floodplain may be upset if the new maps indicate they are in the floodplain and they need to go through the process again. Brazzale stated if someone has already gone through the process and FEMA issued a letter of map amendment, they will have the information on file and honor those properties. If the letter of map amendment came from the Army Corps of Engineers, then FEMA will need all the required documents involved in the process in order to honor them.

There being no further questions or testimony, Olson closed the public hearing at 4:27p.m.

BUSINESS MEETING

Brazzale asked to take agenda items 5 and 6 next.

5. Discussion/Possible Action – 2008 Budget Surplus Carryover Request – Justice Programs King stated there was a contract last year with Brad Bogue to help develop a data structure for collecting information on offenders and the programs provided. In March 2009, Bogue developed a report on the system, how it was working, and offered recommendations. One recommendation was to continue improving the data structure. Right now the information gathered is sent to Bogue in Colorado and he consolidates and translates it. This year, the plan was to take the data structure and get it here in Portage County. There are two different ways to do this. One is working with Information Technology (IT) to create a database here in Portage County so locally we can analyze our own data, develop a scale, and report out. The second way is to develop a web-based application, which IT believes would require additional work. One major goal is to get the data structure here and accessible for Portage County. The plan is to bring Bogue back the week of July 20, 2009 to work with IT, the Justice Structure, attend the County Board meeting to report on the program, and also give advice on the budget for next year. Permission is needed to contract with Bogue, which will involve site and off-site services. The final contract amount is unknown, but it will be less than $10,000.

Olson stated the resolution deals with $10,000 specifically. King stated the final amount will be known by the time the resolution goes to the Finance Committee. Jenny Jossie, Finance Department, stated the $10,000 figure requires a budget adjustment resolution and because it was getting close to that threshold, she suggested King amend the budget to be able to spend up to that amount. With some fiscal policies, if King does not amend her budget, there may be an issue with a budget deficit. Olson stated if the money was to come out of the Justice reserve fund, it is not an unbudgeted item. Jossie replied it is an unbudgeted item because King did not budget to use any reserve funds in 2009 for this purpose. By adding this contract, it will most likely push the expenses over budget, which would create an overall deficit in the budget. It is not saying the money is not available to use, but unless an adjustment is done, King will exceed her budget. King stated she would have put the request in the line for professional services if she had realized some of these fiscal changes were going to take place. Jossie stated in order for King to bring Bogue here in July and amend her budget, the request will have to go to County Board for permission in June.

Olson asked if this request really needs Committee approval since the County Executive approves the budget. Jossie replied the Budget Deficit/Budget Adjustment Resolution policy requires County Executive, Governing Committee, Finance, and County Board resolutions. The County Executive can put it in the budget during the budget approval process, but any changes after that point, if $10,000 or more, they need to go through the resolution process.

Piesik asked if transferring the data will be a cost saving measure for the future. King replied absolutely. It will give a better idea on who is in the Justice System and how programs are working. Piesik asked how data is put into the system presently. King replied there are Excel database spreadsheets and six different agencies collecting information on offenders. There are approximately 80 fields for every offender. The District Attorney’s Office collects data on every person they charge and the programs collect data on every person they serve. Some information is confidential, so there is no permission to share the databases. One step is to be able to integrate the information into one database. Instead of every agency putting information into separate databases, they can log in and put the information into one database for every offender. Right now each database is sent to Colorado for consolidation and they report back to us. This way no confidentiality laws will be violated.

Potocki moved to approve the 2008 Budget Surplus Carryover Request for the Justice Programs. Haga seconded the motion, which passed by voice vote.

6. Discussion/Possible Action – Resolution Transferring the Legislative Oversight Function of the Department of Justice Programs from the Planning and Zoning Committee to the Judicial General Government Committee Olson questioned the third paragraph, ‘Whereas, it would improve the operation and management of the Department to transfer the legislative oversight functions…’ and he asked King if Paula Cummings will still be working with her and if her office will remain in the Planning and Zoning Department. King replied yes, that is her hope. Some individuals feel the Judicial General Government Committee is a better fit for the Justice Programs Department. Brazzale stated this Committee has been unbiased on what King does.

Olson asked if Public Safety and County Board will still receive updates from King. King replied she feels it is important to keep the committees updated. There is going to be a profound amount of change at the State level that will have local impacts. King was reviewing some of the Legislative Bureau’s analysis of the new laws the State is passing and there are major changes. Olson suggested that King provide a report with the monthly County Board packet just to keep everyone updated.

Piesik moved to approve transferring the Legislative Oversight Function of the Department of Justice Programs from the Planning and Zoning Committee to the Judicial General Government Committee. Brilowski seconded the motion, which passed by voice vote.

2. Review/Approval of April 28, 2009 Minutes With no discussion necessary, Haga moved to approve the April 28, 2009 minutes. Potocki seconded the motion, which passed by voice vote.

3. Correspondence None.

4. Decision on Portage County Floodplain Zoning Ordinance Text, FIRM Maps, and FIS (T09-02) Haga moved to amend the Portage County Floodplain Zoning Ordinance Text, Floodplain Maps, and FIS. Piesik seconded the motion, which passed by voice vote.

7. Department Report Brazzale reported the Department has now been with only one Onsite Waste (OSW) Specialist, Ralph Loeffler, for about a month and a half. There is some cross training within the Department. Chris Mrdutt, Zoning Technician, took the Private Onsite Waste Treatment Systems (POWTS) inspectors test and passed. Any final inspection being made for new septic systems will go to Tracy Pelky and Mrdutt will start soon. Loeffler has been putting in some longer hours in order to issue sanitary permits. Individuals may feel the turnaround time is not as quick as it should be, but we are handling it the best we can. Brazzale asked the Committee members to listen for any concerns and make him aware. Fortunately, sanitary permit applications have slowed down. If the numbers were there, the Department would be requesting to refill John Jacobson’s position. Haga asked what the turnaround time is. Brazzale replied when there were two OSW Specialists, a few days, but now we try within one week. There were approximately 220 permits issued in 2008 and in previous years there have been up to 400 permits. There are also onsite visits to look at soils and determine what type of tank can be placed on the site causing Loeffler to be out in the field most of the day.

Brilowski asked if there was any activity on the Old Highway 18 junkyard. Brazzale replied they get things taken care of and then three days later there will be junk again. The owner is not the person we have the issue with. There was a call recently about junk, but by the time we got out there, it was cleaned up. Piesik asked if there is a nuisance ordinance. Brazzale replied there is not, if so, there would be no grandfather clauses.

Haga asked for an update on the Standing Rocks Park and Wimme Sand and Gravel situation. Brazzale stated there was a meeting between Department Staff, the Corporation Counsel’s Office, Kyle and Pat Wimme, Pat Wimme’s daughter, and Gary Speckmann from the Parks Department. Wimme claims the berm facing the park is topsoiled, seeded, mulched, and no longer in noncompliance. The deadline for completion was August 15, 2009. Brazzale replied he received a letter today from a Park Commission member that claims things are not taken care of and they have not received a quarterly report from our Department. Haga asked if Brazzale had been out to the site. Brazzale replied he walked the area with Gary Speckmann. There is no doubt dust was a problem two years ago. It seemed the trees and vegetation were growing last year. Wimme could have helped themselves if they would have left a number of trees along the border for a natural buffer. They made the decision to put in the 30-40 foot berm. Costs they have incurred have been brought on by themselves. Wimme requested the County Executive remove George Kraft from the Park Commission. If he is going to stay on the Park Commission, they do not want him on any discussions dealing with their operation because they feel they are not getting fair treatment. They also requested the Park Commission fence in the area because there is trespassing on their property from the park. The Corporation Counsel suggested they get a quote on a legal fence and Gary Speckmann asked for a recommendation on a five strand fence. Haga stated he does not agree with the County having to pay for the fence, if Wimme wants to keep people off of his property then he should put up the fence. Brazzale stated there is still some noncompliance and he will speak with staff regarding the issue.

8. Next Meeting Date The next Planning and Zoning Committee meeting is June 23, 2009 at 4:00 pm in Conference Room 5 of the County Annex.

Olson asked if the Committee will still receive updates on the vouchers since the County Executive approves them. Brazzale replied yes, the Committee will receive updates on what is being spent, but no action will be required.

9. Adjournment Olson adjourned the meeting at 5:08 p.m.

Respectfully submitted,

Jamie Phillis, Recording Secretary Harvey Olson, Chair Date

Meeting Minutes for the Planning and Zoning Committee

Meeting Date: 06/23/2009

Meeting Time: 04:00 PM

Meeting Location: Conference Room 5, Third Floor, Portage County Annex, 1462 Strongs Avenue, Stevens Point WI 54481 MINUTES PORTAGE COUNTY PLANNING AND ZONING COMMITTEE June 23, 2009

Call to Order Chair Olson called the meeting of the Portage County Planning and Zoning Committee to order at 4:00 p.m. in Conference Room 5 of the County Annex.

Roll Call Members present: Brilowski, Haga, Olson, Piesik, and Potocki. Staff present: Brazzale and Phillis, Planning and Zoning Department.

Others Present Mark Maslowski, Portage County Executive

BUSINESS MEETING

2. Review/Approval of May 26, 2009 Minutes With no discussion necessary, Potocki moved to approve the May 26, 2009 minutes. Piesik seconded the motion, which passed by voice vote.

3. Review - Vouchers Olson asked Maslowski to explain the new procedure regarding the payment of vouchers. Maslowski replied starting June 1, 2009 he is reviewing all vouchers. He has given the Department Heads permission to approve any voucher up to $25,000. Anything over $25,000, or out of the ordinary, needs Maslowski’s approval. Olson asked in the event there is a question and the voucher has already been paid, will there be any recourse. Maslowski replied yes, questions can be directed to him or Brazzale. Olson stated some of these items occurred in April. Maslowski stated then the Committee can approve them.

Piesik moved to approve the Voucher Approval numbers 20090353 and 20090397 as presented by Brazzale. Haga seconded the motion, which passed by voice vote.

4. Review/Approval – Purchase Authorizations Haga moved to approve the purchase authorization as presented by Brazzale. Brilowski seconded the motion, which passed by voice vote.

5. Review/Approval – Procurement Card Authorization Haga moved to approve the procurement card authorization as presented by Brazzale. Piesik seconded the motion, which passed by voice vote.

6. Correspondence None.

7. Discussion/Possible Action on Inclusion of the Revision in Chapter 91, Wisconsin Statutes in Assembly Bill 75, State Budget Brazzale stated Olson and Mike Wiza, Land Conservation Committee Chair, received a copy of this resolution. Langlade County has passed this resolution and forwarded it to the State. They have specific concerns about including the Farmland Preservation Program (FPP) as part of the budget. There is $27 million dollars earmarked for FPP and the Farmland Credit Program. FPP provisions of Assembly Bill 75 include the purchase of development rights, assessment of lands rezoned out of agriculture, updating FPP’s in counties, amending zoning ordinances dealing specifically with exclusive agricultural zoning, and tax credits being $5 per acre of land in FPP. Many counties have issues with the proposals being put into the budget bill and would prefer they be separate legislation. The Governor would like to have the budget signed by July 1, 2009, so it may be too late to pass a resolution. A meeting was held in Stevens Point with the Department of Agriculture and approximately 12 counties. Not one county supported Chapter 91 in the budget bill.

Olson moved to table the resolution on the Inclusion of the Revision in Chapter 91, Wisconsin Statutes in Assembly Bill 75, State Budget until the next meeting to see where the State is with the budget. Piesik seconded the motion, which passed by voice vote. Brazzale will get the portion of the bill pertaining to FPP and send it to the Committee.

8. Department Report Brazzale stated he received a call from Wood County to see if we would be interested in working together and sharing staff people. There would need to be a Memo of Understanding between the counties, which would involve County action. Most situations of sharing staff within two counties has been less than desirable. He will inform Wood County there is not much interest in sharing staff members at this point. The Committee agreed.

An issue the On-Site Waste Section has is dealing with the State Department of Commerce (COMM) Private Sewage Consultant (PSC) for Portage County. Ralph Loeffler, On-Site Waste Specialist, and Brazzale met with Blair Ward, Deputy Corporation Counsel, regarding the Timber Ridge Subdivision in the Town of Hull. They want to install a conventional septic system, but there is an indication that water is much higher in the soil. COMM issued an Interpretive Determination report stating the discolorations in the soil are meaningless. There was an onsite performed with Loeffler, the soil tester, the PSC, and a few other COMM people. One COMM member wrote up a report for Loeffler within a few days stating there are indications of higher water and felt it was not from groundwater, but soil texture change. The sanitary permit will be issued for a conventional system with a disclaimer that the State says we have to issue the permit. We feel there is no cooperation from the PSC assigned to our area and we are going to request COMM assign a new PSC for Portage County. The State may not agree because there will be added costs. Loeffler has indicated he has waited up to a week to receive a response from the current PSC. He also indicated he has been out with a certain soil tester and, if there is an issue at the site, that soil tester will call up the PSC and have him on the phone immediately. We are aware he is avoiding our phone calls, which is not how government should treat clients. The Corporation Counsel’s Office has no problem with the request and will help prepare the letter.

Olson asked if Corporation Counsel is involved on the disclaimer for the permit. Brazzale replied yes, they drafted it. Dane County ran into the same situation and has been putting a disclaimer on every permit they issue where the State intervenes. The disclaimer will basically state, ‘The County found this to exist, but are issuing the permit because the State overruled.’ The State says they are the final authority and we have to follow what they say. This way they will be held accountable if a problem arises. In 1993, when there was water in Emerald Forest Subdivision, the owner was thinking of suing the State. The secretary for the State (COMM) sent a letter stating, ‘If the County had data stating something different than what the State found, a permit should not have been issued.’ So they passed the blame back on the County even though they said it was alright to install a conventional system.

Haga asked for an update on Standing Rocks and the Parks Department meeting regarding Wimme Sand and Gravel. Brazzale replied it is his understanding they were going to discuss the fence issue. Wimme is requesting the County install a fence along the whole stretch, which is over a half mile or 3,000 feet. A five strand legal fence would cost approximately $13,000. Olson stated he spoke with Maslowski who was at the Wimme site and inspected the berm and vegetation. Apparently, Gary Speckmann from the Parks Department was present and is much more satisfied with the berm and the growing vegetation. Brazzale stated George Kraft sent a letter stating the park side of the berm is vegetated, but the gravel pit side is not.

9. Next Meeting Date The next Planning and Zoning Committee meeting is July 28, 2009 at 4:00 pm in Conference Room 5 of the County Annex. There will be at least two rezoning public hearings in July.

10. Adjournment Olson adjourned the meeting at 4:37 p.m.

Respectfully submitted,

Jamie Phillis, Recording Secretary Harvey Olson, Chair Date

Meeting Minutes for the Planning and Zoning Committee

Meeting Date: 07/28/2009

Meeting Time: 04:00 PM

Meeting Location: Conference Room 5, Third Floor, Portage County Annex, 1462 Strongs Avenue, Stevens Point WI 54481 MINUTES PORTAGE COUNTY PLANNING AND ZONING COMMITTEE July 28, 2009

Call to Order Chair Olson called the meeting of the Portage County Planning and Zoning Committee to order at 3:30 p.m. in Conference Room 5 of the County Annex.

Roll Call Members present: Brilowski, Haga, Olson, Piesik, and Potocki. Staff present: Lucht, Schuler, Schmidt, and Phillis, Planning and Zoning Department.

Others Present Larry, Rosemary, Kevin, Audrey, and Rose Ann Gagas; Clark and Kris Blumke; Raymond Oksuita; Stacie Hahn; James Zdroik; Patrick Wanserski; James Edwards; and Dan Ball.

PUBLIC HEARINGS

Town of Alban (R09-05) – Requests to Amend the Town of Alban Comprehensive Plan/Future Land Use Map From Residential to L-3 Limited Agriculture/Mixed Use Categories, and Raymond and Lisa Oksuita, Brian and Stacie Hahn, and Clark and Kristi Blumke, Owners, Request to Amend the Portage County Zoning Ordinance by Changing the Zoning Classification of an Area Approximately 15.99 Acres From Recreational Zoning District to A4, General Agricultural Zoning District – Town of Alban

Olson read the public hearing notice. Lucht provided a report stating three co-petitioners want to amend both the Future Land Use Map and rezone the parcels to allow construction of accessory buildings on those lots without going to the Board of Adjustment (BOA) for approval. Presently, a home can be constructed on 20,000 square feet of land, whereas the petitioner’s request is to rezone the properties to A4, General Agricultural District, which will set the minimum lot size at two acres and limit the number of houses to be constructed in the Lake Helen watershed basin. Since the three lots are presently residential, and the terrain has limiting features, they are not likely to be converted to agricultural use. The Town of Alban has recommended amending the Future Land Use Map and rezoning the three parcels. Planning and Zoning staff also recommend approval of the requests.

Olson read a letter of approval from the Town of Alban dated June 4, 2009. He also read a letter of opposition from Kenneth Snyder. Snyder feels the construction of additional outbuildings will be to the disadvantage of others in residential areas and asks for the request to be denied.

Olson opened the hearing. Oksuita stated he started this process because he wants to build an out building for a woodshed and in order to construct the building, or any building, he would need to receive a variance from BOA. The location of the building would be far back on his property, in the woodline, and out of others’ view.

Olson asked if the Hahn’s were planning to build and Hahn replied not at this time. Olson asked if the third parcel is vacant land. Blumke replied no, there is a home and garage on the parcel. Variances were obtained through BOA to build the garage first and then the home. They would like the parcel rezoned so they do not need to go through the variance process, if they wish to build in the future. Potocki asked where the Blumke home is located; it is not visible on the map. Blumke replied it is at the edge of the woods. If something were to be built, it would be close to the home.

Olson asked if any of the petitioners have had contact with Kenneth Snyder, who is opposing the request. Oksuita replied he has never met him, but while going through the variance process last time, Snyder sent the same letter opposing the request.

Olson asked if any of the properties have lake access. Oksuita replied no, none of them can even see the lake.

There being no further questions or testimony, Olson closed the public hearing at 3:42 p.m.

James and Joyce Edwards, Owners, Mashuda Contractors, Inc., Agent (R09-06) – Request to Amend the Portage County Zoning Ordinance by Changing the Zoning Classification of an Area Approximately 8.27 Acres From A1, Exclusive Agricultural Zoning District to A4, General Agricultural Zoning District – Town of Carson

Olson read the public hearing notice. Lucht provided a report stating since the request came in, State Statutes have changed regarding borrow pits and rezoning. Lucht read Wis. Stats. 84.06, which states a rezoning of a property is unnecessary as long as some criteria are met: property must be near the highway construction site, which means no haul road would be needed; property owner must give consent; borrow is only used to construct the highway, if fill material will be used elsewhere, then the rezoning process would be required; noise abatement agreement, which means hours of operation must be set; and reclamation of the site must occur. This request meets those five requirements, so the rezoning may be unnecessary. However, the petitioner and contractor had already submitted the request and felt there was no harm in continuing the process. The Town of Carson, as well as Planning and Zoning Department staff, recommend approval of the request.

Olson read a letter of approval from the Town of Carson dated July 14, 2009.

Edwards stated the majority of his property is in the Town of Eau Pleine and a small pie shaped parcel along existing United States Highway 10 (USH 10) is in the Town of Carson. The adjacent property in the Town of Eau Pleine is zoned A4. Piesik asked where the pit will be located. Edwards replied a portion will be on the parcel being rezoned and some on the adjacent parcel in the Town of Eau Pleine.

There being no further questions or testimony, Olson closed the public hearing at 3:50 p.m.

Leon Pankratz and Joyce Kupsch, Owners, Mashuda Contractors, Inc., Agent (R09-08) – Request to Amend the Portage County Zoning Ordinance by Changing the Zoning Classification of an Area Approximately 8.66 Acres From A1, Exclusive Agricultural Zoning District to A4, General Agricultural Zoning District – Town of Eau Pleine

Olson read the public hearing notice. Lucht provided a report stating the petitioners previously requested a rezoning of this property to the south, but this portion was not included in the original acreage. New State Statutes apply in this case and this request meets those five criteria. However, the petitioner and contractor had already submitted the request and felt there was no harm in continuing the process. The request is compatible with surrounding zoning. The Town of Eau Pleine, as well as Planning and Zoning Department staff, recommend approval of the request.

Olson read a letter of approval from the Town of Carson dated April 17, 2009, which included the entire parcel.

There being no further questions or testimony, Olson closed the public hearing at 3:55 p.m.

Roseann and Audrey Gagas, Owners, Lawrence and Rosemary Gagas, Agents (R09-09) – Request to Amend the Portage County Zoning Ordinance by Changing the Zoning Classification of an Area Consisting of 30 Acres From A1, Exclusive Agricultural Zoning District to A2, Agricultural Transition Zoning District – Town of Sharon

Olson read the public hearing notice. Lucht provided a report stating the requested rezoning would allow for a 10 acre parcel of land to be sold to a relative in order for them to build a home. The request is consistent with the Town of Sharon Comprehensive Plan Future Land Use Map and also with surrounding zoning. The Town of Sharon, as well as Planning and Zoning Department staff, recommend approval of the request.

Olson read a letter of approval from the Town of Sharon dated July 14, 2009.

Potocki asked how access will be provided to the property. Lucht referred to the map and showed where a long driveway will come off County Road K on the far south side of the property.

There being no further questions or testimony, Olson closed the public hearing at 3:57 p.m.

BUSINESS MEETING

2. Review/Approval of June 23, 2009 Minutes With no discussion necessary, Haga moved to approve the June 23, 2009 minutes. Brilowski seconded the motion, which passed by voice vote.

3. Review - Vouchers The Committee reviewed Voucher Approval numbers 20090425 and 20090460.

4. Review/Approval – Purchase Authorizations None.

5. Review/Approval – Procurement Card Authorization None.

6. Decision on Town of Alban, Oksuita, Hahn, and Blumke (R09-05) – Town of Alban With no discussion necessary, Potocki moved to accept amendment of the Town of Alban Comprehensive Plan/Future Land Use Map from Residential to L-3 Limited Agriculture/Mixed Use Categories and to amend the Portage County Zoning Ordinance by changing the zoning classification of an area approximately 15.99 acres from Recreational Zoning District to A4, General Agricultural Zoning District in the Town of Alban. Piesik seconded the motion, which passed by voice vote.

7. Decision on Edwards / Mashuda (R09-06) – Town of Carson With no discussion necessary, Piesik moved to amend the Portage County Zoning Ordinance by changing the zoning classification of an area approximately 8.27 acres from A1, Exclusive Agricultural Zoning District to A4, General Agricultural Zoning District in the Town of Carson. Haga seconded the motion, which passed by voice vote.

8. Decision on Pankratz and Kupsch / Mashuda (R09-08) –Town of Eau Pleine With no discussion necessary, Piesik moved to amend the Portage County Zoning Ordinance by changing the zoning classification of an area approximately 8.66 acres from A1, Exclusive Agricultural Zoning District to A4, General Agricultural Zoning District in the Town of Eau Pleine. Haga seconded the motion, which passed by voice vote.

9. Decision on Gagas / Gagas (R09-09) – Town of Sharon With no discussion necessary, Brilowski moved to amend the Portage County Zoning Ordinance by changing the zoning classification of an area consisting of 30 acres from A1, Exclusive Agricultural Zoning District to A2, Agricultural Transition Zoning District in the Town of Sharon. Haga seconded the motion, which passed by voice vote.

Olson noted these requests will be forwarded to the County Board for action at their August 18, 2009 meeting.

10. Discussion / Possible Action – Resolution Modifying Membership Criteria for Groundwater Citizens Advisory Committee Schmidt, Portage County Water Quality Specialist, stated the Groundwater Citizens Advisory Committee (GCAC) is ideally made up of a citizen from each municipality in the County. GCAC communicates with the Planning and Zoning Committee and County Board regarding groundwater issues within those municipalities. There are eight vacancies on GCAC that have not been filled for many years. Currently, three members on GCAC are there unofficially because they have become elected officials in their municipality. Dick Berndt, Chairman of GCAC, recently was elected as Town of Linwood Supervisor; William McKee, Town of Lanark Supervisor, is on GCAC because they cannot find any interested citizen representative; and Dennis Meis, Town of Dewey Supervisor, was appointed to GCAC by his municipality because they cannot find an interested citizen representative. If this resolution is approved, those individuals will be able to sit on the citizen committee. GCAC thought in order to keep it a citizens committee and keep political influence to a minimum, they wanted a maximum of five elected officials as members of the committee. This is basically to get more members on GCAC.

Olson noted the last paragraph states, if a citizen comes forward to sit on GCAC from a municipality represented by an elected official, that official would have to step down. Schmidt stated if a citizen expresses interest in being on GCAC, their township must first deem them appropriate, and then appoint them to the committee.

Olson asked if all Portage County Board Supervisors receive the GCAC agenda and minutes. Schmidt replied no, just the Planning and Zoning Committee.

Wanserski, Town of Sharon Chairman, asked if “elected officials” only refers to supervisors and if the number could be increased to 10 officials instead of five. Haga replied it would be any elected official and was a stretch to get the GCAC members to agree to five officials. It is an advisory group, members are not paid, and they volunteer their time. Olson stated the resolution refers to all “local elected officials.”

Piesik asked why the official would vacate their seat on GCAC, if a citizen came forward. Schmidt replied there could be some conflict at the town board level. Schuler stated the municipality should tell the elected official upfront they are temporary until a citizen can be appointed.

With no further discussion, Potocki moved to approve modifying membership criteria for the Groundwater Citizens Advisory Committee. Haga seconded the motion, which passed by voice vote.

Haga stated there are often people who have groundwater issues and are unsure where to go for help. He suggested being able to set aside money for the Planning and Zoning Department to help people in a water emergency. They could deem the water undrinkable, and help them while the issue is being corrected. Usually, there are many chains of command to go through for approvals, which may be overwhelming for some individuals. Olson asked Schmidt to pass the idea by Brazzale and have it as an agenda item.

11. Correspondence None.

12. Department Report None.

13. Next Meeting Date The next Planning and Zoning Committee meeting is August 25, 2009 at 4:00 pm in Conference Room 5 of the County Annex.

14. Adjournment Haga moved to adjourn. Potocki seconded the motion, which passed by voice vote. Meeting adjourned 4:20 p.m.

Respectfully submitted,

Jamie Phillis, Recording Secretary Harvey Olson, Chair Date

Meeting Minutes for the Planning and Zoning Committee

Meeting Date: 08/25/2009

Meeting Time: 04:00 PM

Meeting Location: Conference Room 5, Third Floor, Portage County Annex, 1462 Strongs Avenue, Stevens Point WI 54481 MINUTES PORTAGE COUNTY PLANNING AND ZONING COMMITTEE August 25, 2009

Call to Order Chair Olson called the meeting of the Portage County Planning and Zoning Committee to order at 4:00 p.m. in Conference Room 5 of the County Annex.

Roll Call Members present: Brilowski, Haga, Olson, Piesik, and Potocki. Staff present: Brazzale, Lucht, and Phillis, Planning and Zoning Department.

Others Present Lorn Dykes, Joe Glodowski – Portage County Surveyor.

PUBLIC HEARINGS

Lorn Dykes, Owner (R09-07) – Request to Amend the Town of Almond Comprehensive Plan/Future Land Use Map From L-1, Enterprise Agriculture, to Commercial Categories, and to Amend the Portage County Zoning Ordinance by Changing the Zoning Classification of an Area Approximately Two Acres From A1, Exclusive Agricultural Zoning District to C4, Highway Commercial Zoning District – Town of Almond

Olson read the public hearing notice. Lucht provided a report stating there are many development concerns associated with this request. Mr. Dykes is currently in violation of the Zoning Ordinance. He previously received a special exception to run a part time used auto sales as a home occupation for six to ten vehicles. At the moment, he has about 100 vehicles on the incorrect lot. If they were on the correct lot, they would be in violation of the special exception decision from the Board of Adjustment (BOA) because he exceeds the number of vehicles allowed. If this request is granted, then the violation would be rectified and allow Mr. Dykes to use the lot for selling vehicles. The request has some environmental concerns, primarily from oils and fluids possibly leaking from the used vehicles into the soil and groundwater. This Committee cannot set conditions on the approval, such as the request is approved if there is a paved parking lot or an oil catch receptacle. Mr. Dykes wants the land to stay with the present ground cover. The request could have gone through BOA for another special exception, but the Planning and Zoning Department (P&Z) staff felt the request had too many vehicles to be considered a home occupation. The Town of Almond has approved the land use and zoning change. The Town did receive the list of concerns associated with the property before their meeting from P&Z staff. The request does meet the Town of Almond comprehensive Plan. P&Z staff recommends approval based upon the Town’s decision.

Brazzale stated, because of the number of vehicles, there was a concern with the soils and groundwater. The request was discussed with the Land Conservation Division (LCD) and Ray Schmidt, Water Quality Specialist. It was the recommendation of LCD and Schmidt that having the site remain with vegetative cover, rather than gravel, is the best solution to control any possible contaminations.

Olson read a letter of approval from the Town of Almond Plan Commission and Town Board.

Olson asked if the property is located north or south of Almond. Dykes replied it is north and east of Almond on County Road A, one mile past County Road EE.

Potocki asked where Dykes gets the used vehicles from. Dykes replied they come from used car auctions, trades, or are bought privately. Potocki asked the average age of the vehicles. Dykes replied they are about $5,000-$10,000 in value and up to 10 years old.

Olson stated his concern is that Dykes received a special exception from BOA and apparently did not comply and asked Dykes to explain the situation. Dykes replied in 2003, when he received the special exception, he did not own the current parcel discussed in this request. This parcel was purchased two years later as part of his farming operation. This property has road frontage on County Road A and without making a conscious decision, he started to park the vehicles on County Road A since it was part of his operations. He feels he may have gotten carried away with the number of vehicles.

Olson asked if Dykes owns additional acreage for farming. Dykes replied yes.

Piesik asked if all the land was one property at one time. Dykes replied he purchased the 40 acres to the east of the subject property and purchased these 40 acres in 2005. They each had different owners.

Olson asked if Dykes performs auto repairs. Dykes replied not on the site, he has subcontractors for such work. Olson asked if he is creating a junkyard on the other property. Dykes replied no.

Piesik stated if C4 Zoning is granted for auto sales now, then there could be any commercial activity allowed in the future if the property is sold. Brazzale stated C4 Zoning is needed for the motor vehicle sales. Piesik stated there is a lot of agricultural zoning surrounding the parcel. He asked Dykes if there is a reason why he does not take the business closer into the Town of Almond instead of trying to get customers out to this site. Dykes replied it is challenging, but much of his business comes from repeat customers. He has looked into renting an establishment in town, but after looking at the fixed costs associated with running such a business, it was decided to remain where they are. Piesik asked if there is a showroom, to hold a dealer’s license there needs to be inside sales for one automobile. Dykes replied yes, there is a pole shed.

Haga asked if a separate Certified Survey Map (CSM) is needed to define the zoning lines. Brazzale replied there is no sure way to describe where the two acres lies. Haga asked if some entity comes in to buy this commercial property, how we would know if they are outside of the two acres. Brazzale replied he will speak more with Mr. Dykes regarding the issue and see if he can contact a surveyor to get the lines drawn, but it cannot be made a condition of approval.

Piesik stated there was a parcel on County Road HH that received a special exception to have trucks on the property, which ended up exceeding the maximum number of trucks allowed. The zoning was not changed to commercial even though they tried. Is this request a similar situation? Brazzale replied yes, but the County was not interested in changing the zoning because it was not consistent with the town’s Land Use Plan and the town was not interested in changing their plan to accommodate a commercial business in that location. In that case, the town did not support the zoning change.

Olson asked if Dykes had any discussions with the Portage County Highway Department regarding access to this property. Dykes replied they plan to use the existing driveway. Olson stated the driveway would then access an existing farm to the west and commercial to the east.

Piesik asked if a special exception to increase the number of vehicles would be more feasible. Brazzale replied that was discussed among staff and felt 80-100 vehicles exceeds a home occupation. These numbers could not be justified. The original request for a special exception was for six to ten trucks and asked if trucks were still the main focus. Dykes replied yes the focus is still on trucks, but there are some cars. Brazzale stated this property needs some commercial zoning for the number of vehicles being sold on site.

Piesik stated his concern is putting commercial zoning in the middle of an agricultural district. Once changed, it stays; whereas with a special exception, if the property changes ownership, everything goes back the way it was. He feels a special exception would be more preferable than to change the zoning. Brazzale stated the Committee will need to keep in mind, no matter who owns the property, any use listed under C4, Highway Commercial Zoning, will be allowed if the request is approved.

Olson asked if there was any opposition from residents or the Town of Almond. Dykes replied none he can recall.

There being no further questions or testimony, Olson closed the public hearing at 4:25 p.m.

BUSINESS MEETING

2. Review/Approval of July 28, 2009 Minutes With no discussion necessary, Brilowski moved to approve the July 28, 2009 minutes. Haga seconded the motion, which passed by voice vote.

3. Review - Vouchers The Committee reviewed Voucher Approval numbers 20090498 and 20090530.

4. Review/Approval – Purchase Authorizations With no discussion necessary, Haga moved to approve the Purchase Authorizations as presented by Brazzale. Potocki seconded the motion, which passed by voice vote.

5. Review/Approval – Procurement Card Authorization None.

6. Decision on Dykes (R09-07) – Town of Almond Piesik stated he wanted to make a comment before the vote. He feels this is not good for the Town of Almond. The only reason he will vote for it, is because the Town of Almond has approved it within their plan. He feels this could cause problems in the future for the Town of Almond, if someone is denied a special exception, they can just request a zoning change.

Olson asked Piesik if he feels a letter should be written to the Town of Almond. Piesik replied yes, he feels the Town, as well as BOA, should be aware of the concerns. In the future, BOA may deny the special exception to avoid issues such as this.

Haga asked if the CSM requirement could be added to the motion. Brazzale replied the Committee cannot make requirements because it would be a conditional rezoning, but he will speak with Mr. Dykes regarding the issue and how it will be to his advantage to get a CSM.

With no further discussion, Potocki moved to accept the amendment of the Town of Almond Comprehensive Plan/Future Land Use Map from L-1, Enterprise Agriculture to Commercial categories. Haga seconded the motion, which passed by voice vote, 5-0.

Olson moved to amend the Portage County Zoning Ordinance by changing the zoning classification of an area approximately two acres from A1, Exclusive Agricultural Zoning District to C4, Highway Commercial Zoning District, in the Town of Almond. Brilowski seconded the motion, which passed by voice vote, 5-0.

Olson noted the final decision will come before the County Board at their September 22, 2009 meeting and suggested Mr. Dykes attend the meeting to answer any questions the County Board Supervisors may have.

7. Review/Report of 2009 GPS Contract – County Surveyor Glodowski reported this contract will cover Town 22 North, Range 7, 8, 9, and 10, which is the lower portion of the County. It consists of 144 square miles and 80 corners, which are about 1 ½ miles apart. The low bid was Point of Beginning (POB) at $11,890, which averages to $148.62 per corner. This is under budget. The high bid came from Rettler Corporation at $240 per corner. Glodowski will contact POB to sign the contract.

Piesik asked why the need for resetting. Glodowski replied it is for more accurate coordinates for parcel mapping.

8. Correspondence None.

9. Department Report Brazzale reported he will be retiring at the end of this year. Olson asked how many years of service he had with Portage County. Brazzale replied 34 years and three years with Manitowoc County. Olson asked if he has informed the County Executive of his retirement. Brazzale replied yes, the County Executive and County Board Chair are aware of his plans. Olson asked if it was the Committee’s responsibility to plan for the future. Brazzale replied he would like to see an interim director appointed until after the next County Executive election. His initial thought is to have Jeff Schuler, Senior Planner, take the position. Olson stated the Committee can make a recommendation, but the ultimate decision would probably come from the Executive. Brazzale stated it will be on the agenda for discussion at the next meeting.

A press release was sent to the local papers to remind those that received a letter from P&Z to have their septic systems inspected and/or pumped, the October 31, 2009 deadline is approaching. There was approximately 52% response to the notice, so it was decided to send a postcard reminder to those individuals not responding and publish a reminder in the newspaper. In the future, the process will be one notice sent in the spring, with a reminder postcard sent late summer. If things are not taken care of by the deadline, legal action will begin. The State mandates that every septic system be inspected every three years to verify there is no ponding and the drainfield is not failing. Haga asked if the responsibility of returning the form to P&Z lies with the pumper or the owner. Brazzale replied the pumper needs to complete and sign the form, but it is the owner’s responsibility to make sure it is sent to P&Z. Wood County handles this electronically, which P&Z may be looking into. Potocki asked if someone pumps every other year, can they turn in a receipt. Brazzale replied receipts are no longer accepted, the pumper needs to fill out the form. If the County decides to handle records electronically, the pumper will have to be responsible for reporting pumping information. Electronically may be the preferred choice, because it eliminates paperwork. Haga asked what it would take to start the electronic program. Brazzale replied costs would need to be figured and what our Information Technology Department (IT) will allow for a separate program. Haga asked if someone maintains their system more frequently, would that suggest there is a problem. Brazzale replied no, they may just want their system maintained more often, but the pumper should let the owner know if the tank does not have enough in it to be pumped and how long until it would need to be pumped.

Brazzale stated the half-time Typist, Karen Moran, has taken a position in the Sheriff’s Department replacing Loretta Tuszka, so P&Z is looking to refill the half-time position. This position handles most of the septic system pumping notices and maintenance program. The position has been posted in-house through August 31, 2009, but the Human Resources contact will be gone through September 7, 2009, so it will not be examined until then.

Brazzale stated part of the budget bill dealing with farmland preservation is conversion fees for lands pulling out of Exclusive Agricultural Zoning. Starting January 1, 2010, if land is rezoned out of Exclusive Agricultural Zoning, there will be a conversion fee of so many dollars per acre to be paid to the Department of Agriculture, Trade, and Consumer Protection (DATCP), whether they were receiving tax credits or not. The County may be involved in dealing with some of the collections and submitting them to DATCP. The Planning Director’s group and the County Code Administrator’s group feel the conversion fee should be on hold until all of the counties can update their Farmland Preservation Plan, which is another requirement of the budget bill. Another requirement is having their Exclusive Agricultural Zoning District recertified by DATCP. There has been little time to react to these issues. The last time the Farmland Preservation Plan was updated, it was a two year process.

10. Next Meeting Date The next Planning and Zoning Committee meeting is September 29, 2009 at 4:00 pm in Conference Room 5 of the County Annex. The public hearing will be the Town of Dewey Comprehensive Plan and Zoning Map update. The Town of Linwood is close to adopting their plan and should be brought to this Committee before year end.

11. Adjournment Haga moved to adjourn. Brilowski seconded the motion, which passed by voice vote. Meeting adjourned 4:55 p.m.

Respectfully submitted,

Jamie Phillis, Recording Secretary Harvey Olson, Chair Date

Meeting Minutes for the Planning and Zoning Committee

Meeting Date: 09/29/2009

Meeting Time: 04:00 PM

Meeting Location: Conference Room 5, Third Floor, Portage County Annex, 1462 Strongs Avenue, Stevens Point WI 54481 MINUTES PORTAGE COUNTY PLANNING AND ZONING COMMITTEE September 29, 2009

Call to Order Chair Olson called the meeting of the Portage County Planning and Zoning Committee to order at 4:05 p.m. in Conference Room 5 of the County Annex.

Roll Call Members present: Brilowski, Haga, Olson, Piesik, and Potocki. Staff present: Brazzale, Cummings, Lucht, and Phillis, Planning and Zoning Department.

Others Present Eugene Tubbs, Joan Kolodziej, Maurice King, Scott and Sarah Plaski, Patrick Wanserski, and Joe Glodowski – Portage County Surveyor.

PUBLIC HEARINGS

Town of Dewey, Chapter 8 Land Use and Chapter 9 Implementation – Comprehensive Plan Update (R09-10) – Amend Section 8.8 of the County Comprehensive Plan 2025 to Incorporate the Town of Dewey Comprehensive Plan and to Amend the Portage County Zoning Ordinance by Updating the Town of Dewey’s Zoning Map

Olson read the public hearing notice. Lucht provided a report stating the Town of Dewey has worked with the Department to identify and correct issues. The plan has been reviewed by staff. Staff recommends approval of both the Comprehensive Plan and the zoning map updates.

Joan Kolodziej stated it is her understanding some land will be zoned residential. Her property is north of that land and she is actively farming cattle, sheep, and chickens. She wanted it put in the record that she is farming in case there is a conflict of interest in the future regarding a residential neighborhood. There have been areas with agricultural activities near residential areas with complaints of farming activities. Eugene Tubbs stated he owns some land on Bluejay Lane and has the same concerns as Kolodziej.

Brazzale showed on the map the area Kolodziej is referring to. Her concern is the intent to have the area developed into two acre lots. Maurice King, Town of Dewey Chairman, stated the plan has addressed the issue and put in a “Right to Farm” Ordinance within the plan. This will make those moving into agricultural areas aware of practices taking place.

Olson read a letter from the Town of Dewey dated August 24, 2009 approving the requests at their July 15, 2009 meeting.

Potocki asked what is meant by the term mixed use. Lucht replied it refers to having residential lots interspersed with agricultural lots or they are not the best agricultural land.

Brazzale compared the current zoning map with the proposed zoning map stating the conservancy area has been refined and shrunk to better reflect the wetland areas. What was 10 acre zoning was changed to two acre zoning.

There being no further questions or testimony, Olson closed the public hearing at 4:17 p.m.

Scott and Sarah Plaski, Owners (R09-11) – Request to Amend the Town of Hull Comprehensive Plan/Future Land Use Map From Natural Area Limited to L-3, Limited Agriculture/Mixed Use Categories, and to Amend the Portage County Zoning Ordinance by Changing the Zoning Classification of an Area Approximately 13.5 Acres From Conservancy Zoning District to A3, Low Density Agricultural Zoning District – Town of Hull

Olson read the public hearing notice. Lucht provided a report stating there is a large development concern with this request. The Town of Hull Comprehensive Plan/Future Land Use Map identifies the area Plaski’s want to build as Natural Areas Limited. The Comprehensive Plan requires a minimum of five acres in the Natural Areas Limited Land Use Category to protect the natural environment of the Town of Hull. It was recommended to Mr. Plaski that the A3, Low Density Agricultural Zoning District has a five acre minimum and would be the best zoning match for what the Town of Hull would like to see for minimum lot size. There is a high water table existing on the property and Mr. Plaski is aware the home will need to be built up. The Army Corps of Engineers (ACOE) has been on site and checked to see if the home will be in a wetland area or on a proper upland area. Access to the site will be on the west, Pioneer Road, and will cross a drainage way, which may be an issue. Planning and Zoning Department (P&Z) staff has requested there be a survey of the site to determine the exact acreage excluding the wetland areas, which will be smaller than the 13.5 acres requested. Staff recommends approval of the requests.

Brilowski stated the Town of Hull Board visited the site and did not see any problems.

Brazzale stated the driveway access to the property does go through a wetland area, but it is a pre-existing driveway and the ACOE is aware of the issue. Scott Plaski presented pictures of the property to the Committee. The existing driveway is not wet, and when the ACOE was at the site, they did look at the driveway.

Olson stated Plaski will need to work accordingly for installing a septic system and utilities. Plaski stated he had a perk test done and it perked out for a mound system. He has also been working on elevation for the home. It will be graded accordingly. A pond will be dug for the fill, which has been reviewed by ACOE.

Olson read a letter from the Town of Hull dated September 15, 2009 approving the requests at their September 14, 2009 meeting.

Piesik asked where the 100 year floodplain comes into the area. Brazzale replied it is not on the property at all.

There being no further questions or testimony, Olson closed the public hearing at 4:25 p.m.

BUSINESS MEETING

2. Review/Approval of August 25, 2009 Minutes With no discussion necessary, Haga moved to approve the August 25, 2009 minutes. Potocki seconded the motion, which passed by voice vote.

3. Review - Vouchers The Committee reviewed Voucher Approval numbers 20090583, 20090623, and 20090662.

4. Review/Approval – Purchase Authorizations With no discussion necessary, Piesik moved to approve the Purchase Authorizations as presented by Cummings. Potocki seconded the motion, which passed by voice vote.

5. Review/Approval – Procurement Card Authorization With no discussion necessary, Potocki moved to approve the Procurement Card Authorization as presented by Cummings. Piesik seconded the motion, which passed by voice vote.

6. Correspondence None.

7. Decision on Town of Dewey (R09-10) With no discussion necessary, Haga moved to amend Section 8.8 of the County Comprehensive Plan 2025 to incorporate the Town of Dewey Comprehensive Plan. Potocki seconded the motion, which passed by voice vote.

Potocki moved to amend the Portage County Zoning Ordinance by updating the Town of Dewey’s Zoning Map. Haga seconded the motion, which passed by voice vote.

8. Decision on Plaski (R09-11) –Town of Hull With no discussion necessary, Brilowski moved to accept the amendment of the Town of Hull Comprehensive Plan/Future Land Use Map from Natural Area Limited to L-3, Limited Agriculture/Mixed Use Categories. Haga seconded the motion, which passed by voice vote.

Haga moved to amend the Portage County Zoning Ordinance by changing the zoning classification of an area approximately 13.5 acres from Conservancy Zoning District to A3, Low Density Agricultural Zoning District, in the Town of Hull. Piesik seconded the motion, which passed by voice vote.

Brazzale stated he does not have a resolution for the Committee to sign because he is waiting for the boundaries surveyed to show the exact acreage, which will be less than the approved 13.5 acres in the request.

Olson noted the final decision on these requests will come before the County Board at their October 20, 2009 meeting.

9. Discussion on Refilling the Planning and Zoning Department Director’s Position Olson spoke with Mark Maslowski, County Executive, who stated the position will go through the normal hiring process. Maslowski has asked that one member from the Planning and Zoning Committee be present when reviewing the applications, but is not sure when that will take place. Brazzale stated his letter of resignation will be given to Human Resources (HR) within the next few days, and his last day of work will be December 28, 2009. As soon as HR gets his letter of resignation, they will immediately look at posting the position, maybe internally or by advertising. Brazzale initially thought they would go with an interim Director, but HR prefers to refill the position. The position may be filled before Brazzale’s last day.

Potocki asked who will come up with the qualifications for the position. Brazzale replied he is working with HR on the existing position description and there are a few changes that need to be made. A copy of the position description can be sent to all of the Committee members once it is finalized. Olson stated he would like to sit in on application review.

10. Review/Discussion of 2010 Budgets Brazzale stated there is an $800,000 shortfall the County is dealing with for the 2010 budget. At the Department Heads meeting it was announced that the Highway Commissioner has come up with a $500,000 savings through the Highway Department budget. P&Z has not been allowed to refill the ½ time typist position and Brazzale was not going to refill the Onsite Waste Specialist (OSW) position until permits increase. Both positions will not be filled, so there is $105,000 savings for the 2010 budget. This means P&Z is picking up 1/3 of the remaining budget shortfall, after the Highway Department. Some of the new proposed positions will not be filled, such as the Assistant Facilities Director. Brazzale’s concern is that P&Z should not have to go through the new position request process when refilling the ½ time typist and OSW positions when the budget allows. He has spoken with the County Executive and HR; they both agree that should be considered. Brazzale does not want it to be forgotten that it was not the intent to eliminate these positions. It should also be mentioned on the County Board floor. Potocki stated it is the same for the Highway Department, the $500,000 cuts are a one-time deal. Olson also spoke with the County Executive to make it clear the positions will not be eliminated. Brazzale stated other staff has been licensed to do final inspections for OSW. He is worried about the strain on the administrative staff without having the ½ time typist position refilled. There have been at least three Board of Adjustment cases that have gone to court and the attorney representing the clients is demanding verbatim minutes from the meetings. Cummings stated one set of minutes was 33 pages. Potocki asked if the Committee needs to pass a resolution regarding the positions. Brazzale replied it should be an agenda item for discussion and action. There needs to be something stating these positions will not be eliminated. Brazzale asked HR if there needs to be a policy in place to handle situations such as this. HR feels a policy is not needed, but HR can make note and follow through when positions need to be acted on. Potocki stated things may change next year if there is a new County Executive and Supervisors. Haga suggested getting Corporation Counsel’s opinion. Piesik stated the next County Executive may decide to eliminate the positions. Brazzale stated P&Z has to first convince the County Executive there is a need to refill the positions, and then HR gets involved. Brazzale was trying to be frugal by not refilling the OSW position back in April.

Glodowski presented the Surveyor’s budget to the Committee, which came in at a 0% increase. Last year’s budget was $13,700 and this year it is $13,330.

Cummings presented the P&Z budgets to the Committee. There was a 0% increase on all line items except for salaries and related benefits. Travel may go up a few percentage points in some areas, but down a few points in other areas. Now there is a County Board policy relating to grants, if there is a grant coming in that was not budgeted, it must go through Committee approval and County Board resolution to accept grant money. This includes the Wisconsin Fund grant for replacing septic systems. Cummings did not think that would be included because the County is a go between for the landowner applicants and the State. The State gives the County the money and the County turns it over to the applicants. In the groundwater budget the $15,000 that normally is budgeted for Wisconsin Fund has changed to $40,000 for 2010. This year the grant award was $36,276. Since permits are down for sanitary and zoning, revenues are down, but those losses are made up by not refilling the OSW or ½ time positions. There was revenue budgeted for enforcement coming in for zoning at $700 and it is up to $4,300. There is one outlay item budgeted, $5,600 for a Global Positioning System Unit (GPS) to be shared by all staff. This will help in going out to take measurements. The current unit is about 13 years old and the new one can get down to four inches of error. At the time, there were no quotes from the Purchasing Department, but now the quotes are at $7,066. The Finance Department has not made any decisions on which outlay requests will be filled. If the GPS outlay request is filled, P&Z will ask that the money not spent in the two positions not being filled be used to cover the extra $2,000. The budgets have not been set yet and Finance will make all of the adjustments.

Brazzale commented on the ½ time position. It could be a full time position in coordination with the University of Wisconsin - Extension (UWEX) ½ time position. UWEX was to the point of interviewing for the position when they were told not to interview. Connie Creighton, UWEX, asked Finance if P&Z and UWEX could share a ½ time position, which would mean a ¼ time position in each department. Finance has made a note of it, but no decisions have been made yet.

Potocki asked where the remaining $195,000 cuts are coming from. Cummings stated Health and Human Services (HHS) eliminated many services. Brazzale stated what HHS eliminated was done initially and then there was an $800,000 shortfall. The three main reasons for the shortfall consist of investment interest, revenue sharing, and sales tax being down. Olson stated the Purchasing Director position has not been refilled yet, and there may be reorganizing for that department. Cummings stated they are still being creative on where to come up with cuts. Out- of-state travel has been eliminated from budgets for 2010. Brazzale stated the Corporation Counsel’s office has made it clear they will not begin legal action until there has been an investigation into any complaint.

Piesik noted P&Z raised fees this year, and asked did it help. Cummings replied thankfully we did, otherwise the budgets would be way off as far as revenue is concerned. P&Z is still under revenue, but not to the extent they would have been if fees had not been increased. Brazzale stated P&Z is meeting budget only because the positions were not filled and fees were increased. Cummings was thanked for her hard work on the budgets.

11. Department Report Olson asked about the letter for the Town of Almond regarding the Dykes rezoning. Brazzale replied he has spoken with the Town Clerk and informed a letter would be coming, which she was aware of from Mr. Dykes. Brazzale will draft a letter and get it to the Committee for review. It will be suggesting the Town of Almond identify commercial land in their Comprehensive Plan and not deal with these requests on a case-by-case basis because of the isolated Highway Commercial Zoning.

12. Next Meeting Date The next Planning and Zoning Committee meeting is October 27, 2009 at 4:00 pm in Conference Room 5 of the County Annex.

13. Adjournment Piesik moved to adjourn. Olson seconded the motion, which passed by voice vote. Meeting adjourned 5:03 p.m.

Respectfully submitted,

Jamie Phillis, Recording Secretary Harvey Olson, Chair Date

Meeting Minutes for the Planning and Zoning Committee

Meeting Date: 10/27/2009

Meeting Time: 04:00 PM

Meeting Location: Conference Room 5, Third Floor, Portage County Annex, 1462 Strongs Avenue, Stevens Point WI 54481 MINUTES PORTAGE COUNTY PLANNING AND ZONING COMMITTEE October 27, 2009

Call to Order Chair Olson called the meeting of the Portage County Planning and Zoning Committee to order at 4:00 p.m. in Conference Room 5 of the County Annex.

Roll Call Members present: Brilowski, Haga, Olson, Piesik, and Potocki. Staff present: Brazzale, Phillis, and Schmidt Planning and Zoning Department.

Others Present Laura Belanger-Tess – Portage County Human Resources Department (HR) Director; Roger Dudley, Jr.; Students from UWSP: Eric Ziegler, Maria Hall, Jess Nowaczyk, Robert Dara, Dan McSwain, Jake Pipp, Michael Petesch, Nick Ellifson, Nick Borski, and Dane Paster.

BUSINESS MEETING

2. Review/Possible Action – Planning and Zoning Director Position Description Belanger-Tess stated the Committee was provided a copy of the current position description with changes in blue. Belanger-Tess explained those changes to the Committee, including minor additions and deletions. In the future, there will be reference to overseeing the Revolving Loan Fund. The major addition is the special requirement, which states the Department Head must reside in Portage County within one year of appointment. Additional duties include confidentiality, staff supervision, communicating clearly, and establishing and maintaining effective working relationships with staff. The Blood-Borne Pathogens Category was added, as well as standard language being added to all position descriptions in Portage County when they are revised. The County Executive has authority over the description. A Committee member is invited to sit in on the interviews. The position will be posted once the description is finalized.

Olson asked if Brazzale was certified as a soil tester. Brazzale replied yes, mainly because he was supervising the On-Site Waste Program.

Haga moved to approve the changes to the Planning and Zoning Director position description and forward it to the County Executive. Potocki seconded the motion, which passed by voice vote.

3. Review/Approval of September 29, 2009 Minutes With no discussion necessary, Brilowski moved to approve the September 29, 2009 minutes. Haga seconded the motion, which passed by voice vote.

4. Review - Vouchers The Committee reviewed Voucher Approval numbers 20090691 and 20090732.

5. Review – Purchase Authorizations None.

6. Review – Procurement Card Authorization None.

7. Discussion/Possible Action – Non-Filling of Positions for Budget Purposes Brazzale stated this was an issue the Committee was going to take formal action on regarding the ½ time Clerk/Typist and On-Site Waste Specialist positions. We want the record to show, because of budget issues this year, the County Executive decided not to refill these positions for 2010. This is strictly a budgetary move and is not meant to eliminate these positions.

Olson stated the Committee should send a memo to HR to ensure these positions remain for the future. Brazzale stated he can draft a memo for the Committee. When the County Executive presented the budget in October to the County Board, he stated there were some positions eliminated in the County, but he specifically stated the Planning and Zoning Department has a position and a ½ that would not be refilled to help out with the budget deficit. A memo from the Committee to HR and the County Executive will state the Department has agreed to not refill these positions for budget purposes, but the positions will not be eliminated.

Potocki suggested mentioning the County Executive statement to the County Board in the memo.

8. Discussion/Possible Action – Martin/Dudley Minor Subdivision – Town of Amherst Schmidt stated he provided the Committee with a memo and map showing the direction of groundwater flow and the well upgradient from the Dudley property. This well was tested because it is the closest well to the property and is in the flow path for the proposed lot. There are pesticides in this well, Alachlor ESA was at 16 parts per million (ppm) and the atrazine metabolites were at .6 parts per billion (ppb). Those are both above the Preventive Action Limit (PAL) for the State and below the health standard.

In 2008, this Committee reviewed a similar situation in the Town of Stockton and decided to review each situation on a case-by-case basis. On the Stockton property, the Committee approved the lot request with the condition that the owner would drill the new well and have it tested for pesticides and nitrates to show the actual water quality in the well. The Dudley well may be at a different depth, so the water could be better or worse.

Olson asked Dudley if he would be willing to have a newly drilled well tested. Dudley replied he has no problem with testing the well.

Haga asked why this is considered subdividing. Brazzale replied, because there is a lot being created, it falls under the definition of a subdivision. The Town of Amherst indicated they were approving Lot 1, but there was no other approval for Lot 2. Anything done in the future will have to go through the same process. Lot 1 will be eight acres and the remaining 19 acres will be Lot 2. The original acreage had several owners and Dudley is splitting off and buying out his portion, which is Lot 1.

Olson asked who will own the driveway. Brazzale replied both lots will own the driveway.

Piesik asked what the zoning is on these lots. Brazzale replied A3, Low Density Agricultural, with a five acre minimum.

Haga asked what if the results of Dudley's water test come back worse. Brazzale replied he would then work with Schmidt for other options. Schmidt stated in that case, the Department of Natural Resources (DNR) and the Department of Agriculture, Trade, and Consumer Protection (DATCP) would get involved to assist Dudley in finding a treatment system or drilling to a different depth in the aquifer to find better water. If this should happen, we will have the knowledge for any future proposals downgradient from this property and they would be viewed with a skeptical eye. There are some treatment devices that could be used, but with varying degrees of effectiveness.

Haga moved to approve the Martin/Dudley minor subdivision with the condition that the well be tested after it is drilled. Brilowski seconded the motion, which passed by voice vote.

9. Discussion/Possible Action of Proposed Chapter 7.11 – Portage County Well Abandonment Ordinance Schmidt stated this is the same Ordinance that was presented to the Committee about one year ago. There were some changes, such as the title. The DNR had originally named it the Private Water Systems Ordinance and changed it to Well Abandonment Ordinance to make it more understandable. There was language removed pertaining to the County requiring a well to be abandoned, if it is contaminated above the health standard. Those would be referred to the DNR for a decision. All language changes have been reviewed and approved by Mark Putra, DNR private well delegation and also by Blair Ward, Portage County Deputy Corporation Counsel.

Olson asked if all municipalities would fall under this County Ordinance. Schmidt replied yes, which is a requirement by DNR. In another part of the Ordinance it states municipalities that have a well abandonment program will take primary administration of the program within their municipality. The County will compliment those municipalities that have their own program. Brazzale stated the Villages of Amherst, Plover, and Whiting all have well abandonment programs.

Olson asked if this Ordinance has been an agenda item for the Towns Association. Brazzale replied it was at one time and he will try to get it back on their agenda. Brazzale and Schmidt have discussed the possible need for a fee associated with administering the program. There will be costs for staff to go in the field, such as mileage and time. A fee will have to be figured out, which may be a flat fee based on long and short drives. The fee will be to cover Department costs, not to make money. Staff to be performing these duties will be the Assistant Zoning Administrator, Zoning Technician, On-Site Waste Specialist, and Water Quality Specialist. The Land Conservation Division (LCD) staff may also be trained in the associated duties. Schmidt can provide the training.

Olson asked if there are forms to complete once a well is abandoned. Schmidt replied the DNR has a well abandonment form for the person abandoning the well to complete. It details where the property is, how deep the well was, and how much bentonite was used. It needs to be signed, dated, sent to the DNR, and then the well is listed as a permanent abandonment. Olson asked if those municipalities that have a well abandonment ordinance in place have the proper forms. Schmidt replied yes.

Olson asked how many wells are in the County not abandoned. Schmidt replied there are approximately 2,000 wells not in use and not filled in. Letters will be sent to well owners asking them to provide documentation to the County, or the DNR, if their well has been abandoned. If the owner is unaware they need to abandon their well, they can be given information on how to go through the process. It will be more of an information and document exchange for the Department.

Brazzale stated he is hoping to have this Ordinance up for public hearing at the next meeting, if the Committee feels comfortable. Brazzale will send a copy of the Ordinance to the Towns Association, which is meeting November 16, 2009. It would be nice to have the Ordinance in place for January 1, 2010.

Olson stated he would feel more comfortable with a letter from the Towns Association or the municipalities indicating they are comfortable with the Ordinance. Brazzale stated he and Schmidt will work on getting responses from the municipalities in time to have the public hearing next month. If it does not happen, it will be moved back a month or so.

Piesik asked if the approximate 2,000 unabandoned wells are in places where sewer and water was installed. Schmidt replied the 2,000 number is just a best guess on his part, but he did take those wells into account. Some properties have several wells.

Piesik stated they may need to take into consideration the number of wells on the site when figuring the fees. Schmidt stated when staff are out on zoning or septic inspections, they can take a little time and see if a well is not being used. This will help in keeping costs down.

Piesik asked if there is a way to temporarily abandon a well. Schmidt replied yes, temporary abandonment is specified in the Ordinance.

Olson stated we will wait for response from the Towns Association and municipalities, and hold the public hearing when it fits the schedule.

10. Correspondence Olson stated the drafted letter to the Town of Almond is what the Committee was discussing at the August 25, 2009 and September 29, 2009 meetings. Piesik asked if it had been sent. Brazzale replied no, he was waiting on the Committee’s review and response on the letter, which was enclosed in the Committee’s packet for today’s meeting. The Committee agreed the letter is accurate and should be sent.

11. Department Report None.

12. Next Meeting Date Brazzale state the Town of Linwood has finalized their Comprehensive Plan at the Town level and are ready for a public hearing before the Committee. In order to get the resolution to County Board in 2009, the Committee needs to move their meeting from the 4th Tuesday of November to the 5th Monday. The meeting will be held for the Town of Linwood Comprehensive Plan and possibly the Well Abandonment Ordinance.

The next Planning and Zoning Committee meeting is Monday, November 30, 2009 at 4:00 pm in Conference Room 5 of the County Annex.

13. Adjournment Chair Olson adjourned the meeting at 4:45 p.m.

Respectfully submitted,

Jamie Phillis, Recording Secretary Harvey Olson, Chair Date

Meeting Minutes for the Planning and Zoning Committee

Meeting Date: 11/30/2009

Meeting Time: 04:00 PM

Meeting Location: Conference Room 5, Third Floor, Portage County Annex, 1462 Strongs Avenue, Stevens Point WI 54481 MINUTES PORTAGE COUNTY PLANNING AND ZONING COMMITTEE November 30, 2009

Call to Order Chair Olson called the meeting of the Portage County Planning and Zoning Committee to order at 4:00 p.m. in Conference Room 5 of the County Annex.

Roll Call Members present: Brilowski, Haga, Olson, Piesik, and Potocki. Staff present: Lucht, Pelky, Phillis, Sutter, and Schuler Planning and Zoning Department.

Others Present Dick Berndt, Jim Belke, Carl Karcheski, Denise Hulce, and Dick Barden

PUBLIC HEARINGS

Town of Linwood, Chapter 8 Land Use and Chapter 9 Implementation – Comprehensive Plan Update (R09-12) – Amend Section 8.8 of the County Comprehensive Plan 2025 to Incorporate the Town of Linwood Comprehensive Plan.

Olson read the public hearing notice and noted on October 28, 2009 the Town of Linwood Board and Plan Commission approved the proposed Comprehensive Plan. The Committee was provided copies of changes to the Plan. Schuler stated the Town of Linwood had actually dropped out of the Comprehensive Planning process originally, but staff was able to work with the Town of Linwood Board as they finalized their Plan to address some concerns. Lucht provided a report stating when staff reviewed the Town of Linwood Comprehensive Plan some inconsistencies were found and staff worked with the Town Board to correct the issues. The Plan is usable for land use and zoning purposes and is consistent with State requirements. Planning and Zoning Department staff recommend the Town of Linwood Comprehensive Plan be incorporated into the County Comprehensive Plan.

Olson asked about acreage changes from the earlier draft to the document before them today. Schuler replied the way existing and future land use was mapped was a bit confusing, so staff worked with the Town and the Plan was edited for clarification. Specifically, commercial and industrial acreage was changed based on how the golf course and wastewater treatment facility properties were viewed and where the boundary was drawn around them. The acreage has no affect on policies. Other changes include: correcting items that were misnumbered in the Land Use Chapter; State Statute references were corrected in Chapter 9; and typographical errors were corrected. None of the changes have affected the policies or the content of the Plan.

Carl Karcheski, Town of Linwood Board Supervisor, expressed his appreciation and gratitude to the Portage County Planning and Zoning Department for clarifying the issues within the Plan. He especially wanted to thank Steve Brazzale, Jeff Schuler, and Chuck Lucht for their assistance and hard work.

There being no further questions or testimony, Olson closed the public hearing at 4:10 p.m.

BUSINESS MEETING

2. Review/Approval of October 27, 2009 Minutes With no discussion necessary, Brilowski moved to approve the October 27, 2009 minutes. Haga seconded the motion, which passed by voice vote.

3. Review - Vouchers The Committee reviewed Voucher Approval numbers 20090795 and 20090894.

4. Review – Purchase Authorizations The Committee reviewed Purchase Authorizations.

5. Review – Procurement Card Authorization The Committee reviewed Procurement Card Authorizations.

6. Correspondence None.

7. Decision on Town of Linwood Comprehensive Plan (R09-12) With no discussion necessary, Potocki moved to amend Section 8.8 of the County Comprehensive Plan 2025 to incorporate the Town of Linwood Comprehensive Plan. Piesik seconded the motion, which passed by voice vote.

Olson noted the final decision on this request will come before the County Board at their December 15, 2009 meeting.

8. Department Report Schuler stated the posting for the Planning and Zoning Director’s position is open until 4:30 pm today. Human Resources will then go through applications and interviews will be scheduled. Olson stated he is meeting with Human Resources and the County Executive on Wednesday, December 2, 2009, to discuss the applicants.

Schuler stated the Department has been approached by the City of Stevens Point to become active in their Plan Commission review work. In the past, the Department provided a great deal of project and review services for the City, Villages, and Towns. When comprehensive planning began, it occupied most of Department staff time. The City wants Department staff to take over the entire Plan Commission review process. The person hired to replace John Gardner is not focusing on that area of City work, so they have asked the County to step in. This will be an agenda item for a decision at the Committee’s December meeting.

Potocki asked how much involvement staff had with the City before comprehensive planning began. Schuler replied a few items per agenda may have been handled, but never an entire agenda. Haga stated he is curious to see an example of what they may be looking for and what meeting would they want Schuler or Lucht to appear. Olson replied the meeting would be for the Stevens Point Common Council. Schuler stated they need to determine whether staff would appear at the Plan Commission and the Director could work through the Common Council or if staff would need to be at both meetings. Haga stated it seems like the City wants to use staff as a full-time person. Schuler stated staff would never perform duties for the City at the detriment to their responsibilities to other municipalities or County-wide issues. Schuler will gather more information on the issue for the Committee.

Olson stated the Committee approved the new FEMA map back in June. At the time, we were told there would be minimal changes, but now a number of changes have occurred. Some properties previously not in the floodplain are now designated to be in the floodplain. A property owner can get a survey to prove they are not in the floodplain, but that costs money. Olson would like more information on how the floodplain works and he would like to have an agenda item in December to discuss these issues.

9. Next Meeting Date The next Planning and Zoning Committee meeting is Tuesday, December 22, 2009 at 4:00 pm in Conference Room 5 of the County Annex.

10. Adjournment Haga moved to adjourn. Piesik seconded the motion, which passed by voice vote. Meeting adjourned 4:25 p.m.

Respectfully submitted,

Jamie Phillis, Recording Secretary Harvey Olson, Chair Date

Meeting Minutes for the Planning and Zoning Committee

Meeting Date: 12/22/2009

Meeting Time: 04:00 PM

Meeting Location: Conference Room 5, Third Floor, Portage County Annex, 1462 Strongs Avenue, Stevens Point WI 54481 MINUTES PORTAGE COUNTY PLANNING AND ZONING COMMITTEE December 22, 2009

Call to Order Chair Olson called the meeting of the Portage County Planning and Zoning Committee to order at 4:00 p.m. in Conference Room 5 of the County Annex.

Roll Call Members present: Haga, Olson, Piesik, and Potocki. Member excused: Brilowski. Staff present: Brazzale, Lucht, Phillis, and Schuler Planning and Zoning Department.

Others Present Mark Maslowski, Carl Karcheski, Mike Morrisey, Mayor Andrew Halverson, Laura Belanger-Tess, and Mike McKenna

BUSINESS MEETING Olson introduced and welcomed Jeff Schuler as the new Planning and Zoning Director. There is a resolution to follow confirming Mr. Schuler as the Director.

1. Members of the Public Who Wish to Address the Committee on Specific Agenda Items Must Register Their Request at This Time, With Such Comments Subject to the Reasonable Control of the Committee Chair as Set Forth in Robert’s Rules of Order Mayor Halverson registered to speak regarding agenda item 7 and Belanger-Tess registered to speak regarding agenda item 9. Agenda item 9 was moved to the top of the agenda.

9. Discussion/Possible Action – Resolution Confirming the Appointment of the Planning and Zoning Director for the Planning and Zoning Department With no discussion necessary, Potocki moved to approve Jeff Schuler as the Planning and Zoning Director for the Planning and Zoning Department. Haga seconded the motion, which passed by voice vote.

2. Review/Approval of November 30, 2009 Minutes With no discussion necessary, Haga moved to approve the November 30, 2009 minutes. Piesik seconded the motion, which passed by voice vote.

3. Review - Vouchers The Committee reviewed Voucher Approval number 20090880.

4. Review – Purchase Authorizations None.

5. Review – Procurement Card Authorization None.

6. Correspondence None.

7. Discussion/Possible Action – Planning and Zoning Department Work Program to Include Providing Increased Planning Services for the City of Stevens Point Plan Commission Olson stated details need to be determined, such as a contract, compensation, and meetings. So he is looking for a discussion on the issue and then a motion to approve or deny the concept.

Halverson thanked Portage County for their willingness to work with the City of Stevens Point. The focus of the new Director of Community Development has been shifted to economic development, revitalization, and job creation. The Planning component has been a very central role for a time now. Director Gardner and Mayor Halverson met with Schuler to discuss this issue and see if it would be feasible to increase planning services for the City of Stevens Point Plan Commission. The workload the Plan Commission would be asking of the Portage County Planning and Zoning Department (P&Z) would be relatively minimal. Input from P&Z would be needed on the more intricate conditional use requests and larger issues. On average, there are four to six agenda items per month. After a three or four month trail run to see what the workload may be, then a contract or memorandum of understanding could be drafted to make the expectations clear. The City has a permit fee that may be redirected to Portage County.

Haga stated he would prefer to see this done on a trial basis first to see what transforms.

Maslowski stated he also feels this will be a good partnership. If the Committee agrees, they will work out the details.

Piesik asked if P&Z will basically do all of the preparation work and make recommendations to the City. Halverson replied yes, this would be primarily review of applications and suggestions.

Haga asked if someone from P&Z would have to attend all of the City meetings. Halverson replied they would need to attend the City Plan Commission meetings, but not the City Council meetings. Plan Commission meetings are held on the first Monday of the month at 6pm.

Olson stated, based on the memo from Schuler, he feels there is enough time and staff to perform these duties at no burden to P&Z.

Schuler stated a key point would be to refill the vacant planner position with P&Z to keep up with the workload. Maslowski stated the intentions are to replace the vacant planner position once Schuler is confirmed as Director. Olson stated Schuler’s position, Senior Planner, will be refilled with an Associate Planner once Schuler is Director.

Haga asked how Olson would prefer this motion be made, approved on a trail basis. Olson replied he would like to move forward by approving the concept with details forthcoming. Haga asked if there should be a deadline on the details. Halverson replied the City will be ready to start the process in February and it may take a three or four month trial, so by July 1, 2010 a document could be drafted. Brazzale stated the trial run should last through June because workloads increase April, May, and June.

Olson stated Corporation Counsel staff recommended a contract be in place before services begin, but that may be difficult in a short period of time. At the end of 2010, the process can be reviewed again to see if the workload has increased to the point where Portage County staff are unable to help.

Piesik stated eventually the economy may pick up and staff time may be limited, so the contract should be open ended. Maslowski stated the contract will be on a year-to-year basis. Brazzale stated when there were three planners in P&Z, Schuler did provide planning services to the City on an as-needed basis. Since 2001, those services have been limited. If the economy picks up and building increases, it will be the Onsite Waste Specialist and Zoning staff that will need help.

Haga moved to approve the concept of the Planning and Zoning Department Work Program to include providing increased planning services for the City of Stevens Point Plan Commission, with a contract coming back to the Committee’s July 2010 meeting. Piesik seconded the motion, which carried by voice vote.

8. Discussion/Possible Action – Issues with Federal Emergency Management Agency (FEMA); Recent Flood Insurance Rate Map (FIRM) Changes and the Process for Letter of Map Amendment (LOMA) and Letter of Map Revision (LOMR-F) Brazzale stated a fair amount of landowner concerns have been in the area identified on the 1983 FIRM where no houses are shown in the floodplain, but portions of properties are. FEMA informed P&Z that the information would be transferred from one map to the next and there would not be any changes unless a detailed study was done. There were no detailed studies in these areas. The 2009 FIRM shows almost all of the houses either entirely or partially affected by the new map. If someone wants a property pulled out of the floodplain, then they need field work done by a surveyor or engineer and request a LOMA at the landowner’s expense. There were areas since 1983 that had LOMA’s approved and those are valid, but the map will still show the property in the floodplain. If refinancing or buying a property shown in the floodplain, they will need to provide the LOMA to the bank and the bank will waive the flood insurance. If they do not have a LOMA, then flood insurance will be required. There was not supposed to be a difference in the maps. FEMA has a process and requires data to prove a property is not in the floodplain.

Maslowski asked if FEMA could have made a mistake in the maps. Brazzale replied FEMA stated they were going to put the old information on a better base that is easier to utilize. Either FEMA or the engineering firm that made the updated maps have indicated, because of technology with aerial photos, they can better see the contour lines to depict where the floodplain is located. Also, if the floodplain appears to go beyond one of the contours, they will go to the next contour level for safety sake, which could be eight feet higher than the actual floodplain elevation. This means there could be more area shown in the floodplain than before. Pelky and Mrdutt will have some contacts to figure out what happened with these maps.

Piesik asked if anyone has checked the data. Brazzale replied there is no data to check. The only data available is from the detailed studies done on the Wisconsin River and Rocky Run.

Potocki asked if there was any written documentation from FEMA stating there would be no change to the maps. Brazzale replied it was verbal, but he will check to see if there is anything in writing. FEMA stated to Brazzale they would be using the same information from the old maps for the new maps. P&Z will do more research, but Brazzale is not optimistic that FEMA will make any changes.

Olson’s concern is for the Committee and County Board that approved these new maps and any legal issues that may arise. Some people have been affected by the new maps, and mortgage companies have been contacting people to inform them they now need to purchase flood insurance, which can cost up to $3,000.

Karcheski stated he does not have a mortgage on his house, but he does have an open line of credit. He was sent a letter stating he needs flood insurance, and he is not in the floodplain.

Olson stated a LOMA can cost at least $400 per person. Brazzale stated one surveying firm is telling clients who want a LOMA it will cost $1,500.

Haga asked what would have happened if Portage County would not have approved the new FIRM. Brazzale replied the County would have lost its eligibility for the flood insurance program, so those that already held flood insurance would no longer be eligible to receive flood insurance if there were damages.

Olson stated P&Z will need to continue to research this issue. Piesik asked if the FIRM have been checked against the topographical maps. Brazzale replied he has not, but he can have the Geographical Information Systems (GIS) section review the maps.

Olson stated there is no need for any motion, but staff needs to be aware and research these issues.

Piesik asked if topographical maps can be imposed on FIRM for comparison and brought to the next meeting. He also asked if there was any data on flooding in these areas. Brazzale replied there would be no data unless someone contacted P&Z in regards to their options.

10. Department Report Brazzale thanked the Committee for all of their support to the Planning and Zoning Department. He feels the County Board made a serious effort to put responsible people on the Planning and Zoning Committee. Sometimes there are difficult issues to deal with when pertaining to people’s land and rights.

Brazzale stated the Working Lands Initiative has an issue with Planning and Zoning Departments and their conversion fees for Exclusive Agricultural land being rezoned. Starting January 1, 2010 the Department of Agriculture, Trade, and Consumer Protection (DATCP) will be expecting the counties to implement a conversion fee that was created as part of the budget bill, which ranges from $270-290 per acre depending on the grade or class. Currently, there is a landowner who wishes to change their zoning from the A1, Exclusive Agricultural Zoning District, but they will be assessed a conversion fee of approximately $690 per acre or $7,000. The law is set up so the County has to collect the conversion fee and send the entire amount to DATCP. A number of Planning and Zoning officials throughout the State are asking to update their Farmland Preservation Plans and Zoning Ordinances with a new Exclusive Agricultural Zoning District before assessing the conversion fee. Brazzale received a sample resolution requesting delay of the implementation of the conversion fees. If the Committee feels the need to sponsor a resolution, then it will need to be an agenda item. There are quite a few resolutions going throughout the State. The resolution will go to the Governor, Senate Committee on Agriculture and Education, the Assembly Committee on Agriculture, DATCP Secretary, and all County Clerk’s. The conversion fee may be delayed until some of these plans can be updated. Five years were spent dealing with the Working Lands Initiative while Comprehensive Planning was taking place. The two issues should have been worked together.

Piesik asked what the money from the conversion fees will be used for. Brazzale replied the money will be used to fund purchasing of development rights. To protect farmland, a farmer will be paid to sell or restrict their development rights to keep the land in agriculture.

Haga asked what the advantage is to the landowner to have exclusive agriculture land. Brazzale replied it is not tax related, but it allows the landowner to participate in the Farmland Preservation Program if they wanted to, which will give them a credit against their State Income Tax.

Haga asked if landowner’s would be better off changing their zoning to the next district. Brazzale replied some counties have had mass-rezoning out of Exclusive Agriculture. Laws will change for the 2010 tax year, instead of having tax credit against State Income Tax, farmers zoned A1, or those with an agreement, will be eligible to receive $5-10 per acre. In order to get $10 per acre, you need to have enterprise zone, which means going through the process to have it created. They are only allowing a certain amount of acres to be put into the enterprise zone. The intent is good, but causes some issues for the people administering the program.

Olson asked if the County Executive’s Office should contact the Wisconsin Counties Association to work with them on the issue. Maslowski replied yes, or the Executive’s Association. Brazzale stated the Counties Association is now willing to assist the counties with their concerns because the Governor is not running for re-election. Karcheski stated the Town’s Association is also addressing the issue.

Brazzale stated there will be a retirement open house for Judy Liebe and himself on December 28, 2009 in Conference Room 5.

Olson, on behalf of the Committee, thanked Brazzale for his years of service.

11. Next Meeting Date The next Planning and Zoning Committee meeting is Tuesday, January 26, 2010 at 4:00 pm in Conference Room 5 of the County Annex.

It was noted that Olson will not be at the next few meetings since he is out of town for the winter. Also, Brilowski, Committee Vice Chair, has been having health issues and may not be able to attend the next meeting, so someone may need to run the January meeting. Piesik volunteered to run the meeting, if Brilowski is absent.

Olson appointed Piesik to run the January meeting, if Brilowski is unable to attend.

12. Adjournment Olson adjourned the meeting at 4:47 p.m.

Respectfully submitted,

Jamie Phillis, Recording Secretary Harvey Olson, Chair Date