Minutes

Land Conservation Committee Meeting

Thursday, December 14, 2017 , 8:15 AM

Shawano County Courthouse, Room 202

Members Present: Berkhahn, Borroughs, Klosterman, Krause, Tober, and Tauchen

Members Absent:

Others Present: Scott Frank, Brian Hanson, Blake Schuebel & Mary George- LCD; Ken Capelle-County Board Supervisor; Bob Jacobson, Andy Popp- PDNZ;

Dave Yurk- Co. Surveyor; Tony Kordus- Corporation Council 1 Call meeting to order. Meeting was called to order at 8:17 AM by Chairman Krause. 2 Approve minutes of the 11/16/17 Land Conservation Meeting Motion was made by Tober, seconded by Klosterman to accept the minutes as written. Motion

prevailed by acclamation. 3 Public comment. None 4 Motion to deviate from the order of the agenda, if necessary. Motion was made by Berkhahn,seconded by Borroughs to allow deviation from the order of items

on the agenda if necessary. Motion prevailed by acclamation. 5 Agency reports: 5.1 United States Department of Agriculture (USDA) - Farm Service Agency.

Tauchen stated Jeff Long was re-elected to the FSA Board. They still have an Acting County Executive Director but will be interviewing to fill that position in the next few months. Crop

reporting is now completed and the Dairy Margin Protection Program sign up will end December

15, 2017. 5.2 USDA - Natural Resource Conservation Service.

None 5.3 WI Department of Natural Resources (WDNR).

None- Frank stated Eric Roers sent an e-mail with an updated Foresters Coverage map for Shawano County and he will forward it on to the LCC members. Frank added that the Technician

from the Keshena Office will likely be the contact person for the tree planters. 6 Land Conservation staff reports. Krause asked if there were any questions regarding the staff reports. No questions were asked. Krause asked Frank for an update on the Matsche Farm. Frank stated Scott Matsche, Heather Matsche, Ben Uvass, DNR; Matsche’s Contractor; Matsche’s Consultant from GHD, Schuebel and

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Frank all met on the farm and discussed a timeline to move forward, the closeout of the violation, animal numbers as well as a timeline for updating the Livestock Waste Ordinance.

Frank stated he was planning on the drafts of the Livestock Siting Ordinance to be ready by the

next meeting and the Livestock Waste Ordinance in January or February. 7 Review and take possible action on bids received for Shawano County Timber Sale 1-

2017. Frank stated there was 1 bid received from VERSO Corp. for the Hayman Falls area which came

in $540 less than the estimate from Dan Pubanz. Frank spoke with Pubanz regarding the bid and Pubanz advised to accept it. Frank passed around the estimates (from Pubanz) and stated

the Sawlogs are paid up front with the rest getting slips from the mills with weight totals. A motion made by Borroughs, seconded by Berkhahn to accept the bid from VERSO Corp on

Timber Sale 1-2017 Hayman Falls Park. Motion prevailed by acclamation. 8 Discuss and take possible action on cost-share funding: landowner request(s) for soil &

water conservation practices, transfer from other county and carryover to 2018. Frank asked Hanson to describe the cost-share request. Hanson stated he received a request from David Prey in the Town of Waukechon to abandon a manure pit. Two bids were received $4,500 and $10,900. Hanson explained that we estimated this project to be around $8,800.

Prior to receiving bids, the LCD also secured a transfer of funds ($1,900 from Forest County) for this project to supplement our remaining 2017 funds. These funds would be carried over and

used next year. A motion was made by Tober, seconded by Tauchen to approve David Prey’s cost-share request using low bid, approve the Transfer Funds from Forest County, and approve

Carry-over of these Funds to 2018 to complete the project in 2018. Motion prevailed by acclamation. Borroughs asked about the abandonment process. Hanson explained the process

to the committee. 9 2017 Wildlife Damage, Abatement & Claims Program update and setting prices for crop

damage claims. Schuebel stated every year end he gives a program report of his activities, the claims for wildlife damage and set crop prices for payment. This year we only had 1 wildlife damage claim for an apple orchard in the Town of Lessor. Schuebel looked over claims from last year as well as

contacting a nursery to get current prices in which he found the low end apples being $36 a bushel to the high end apples $52 a bushel. This orchard consists of Honey Crisp & Pizazz

apples which are high end apples. Schuebel stated a permanent fence is in the process of being installed for this orchard to prevent further damage. Motion was made by Tober, seconded by Tauchen to set the apple prices at $52 a bushel. Motion prevailed by acclamation. Schuebel

added this year there were 20 enrollees, 16 for WLD and 4 for nuisance. Frank asked Schuebel about the number of deer donations. Schuebel stated Adams Meats had 22 deer and Kropf’s had

7-10 deer donated. These numbers are down from years past with the thought that more

people are keeping the meat. 10 Discuss and take possible action on Land Conservation Department services. Frank distributed a handout he drafted and gave an overview on the Shoreland-Wetland Ordinance that outlined the efforts of the LCD staff assisting in this area and associated

concerns. Discussion followed. Tony Kordus, Corporation Counsel, was brought in and asked for guidance. Kordus did not recommend county staff being the ones that provide planning/design services for property owners in order to comply with Shoreland-Wetland Ordinance surface

disturbance requirements due to liability issues. Frank then gave an overview on the County Surveyor that outlined the efforts of the LCD staff assisting in this area and associated concerns.

Discussion followed and consensus of the committee was to have LCD, P&D, and County Highway Departments come up with solutions and reconvene at next LCC meeting in January.

(See attached handout)

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11 Report on and approval of Certificates of Compliance issued for Farmland Preservation. Frank distributed a list of the Certificates of Compliance and with confirmation from Hanson

stated since about June 1st there are 26 landowners from across the county with this year’s main focus on the Town of Washington for the required four year review. Some of the others on the list were because of bought, sold, or split parcels which would affect the acreage claimed

and requires a new certificate. A motion by Klosterman, seconded by Borroughs to accept the

Certificates of Compliance. Motion prevailed by acclamation. (See attached handout.) 12 Report on WI Land+Water County Conservationists meeting. Frank stated a main focus of WI Land+Water Conservation Association for the past 16-18

months has been the Food, Land & Water Initiative. This program is to help people understand where their food comes from, the production of it, conservation aspects such as clean water, the

need to work together to sustain what we’ve come to expect such as good quality food & reasonably priced foods, a good place to live with clean water that you can swim, fish and recreate in. There was a conference in October where focus groups elaborated on their prior

review/evaluation that included concerns of ground water, surface water, and groundwater capacity such as high capacity wells. The goal was to get the awareness out to other

government entities (decision makers) and getting them involved. Also, a staff member from the John Muir Chapter – Sierra Club spoke about recent legislation and bills that compromise our efforts to protect natural resources. There also was discussion about it being six years since the

Wisconsin Land and Water Conservation Association (WLWCA) merger with Wisconsin Association of Land Conservation Employees (WALCE) and how that merger is going. An online

survey came out regarding the merger and will soon be forwarded to all LCD staff & LCC supervisors. The DATCP update included: Land & Water Resource Plan timeline has Shawano County needing a plan review in 2021 with a plan update/renewal in 2026; cost share rates for

Nutrient Management will be up from $7.00 to $10 Acre with the plans meeting the 2015 590 standard; the transfer of duties from the DNR to DATCP with regards to Concentrated Animal

Feeding Operations (CAFO’s). The DNR update included: opportunities through Multi-Discharger Variance program. Frank also reported on an initiative for reuse of Discovery Farms/USGS surface water monitoring stations and suggested the timing is not right for us to take on this

type of project. Discussion occurred on these items. 13 Discuss and take possible action on potential donation of land to Shawano County. Frank thought it would be appropriate to have LCC weigh in on this item. Frank stated last month the Public Property Committee (PPC) did look at this item as well as the Highway/Parks Dept. but PPC recommended looking into some potential leads and then come back. Frank

reported that Grant Bystol had informed him it would not be feasible to utilize the site for wetland mitigation; during the PPC meeting, John Ainsworth stated that Highway/Parks have

enough park property to manage and don’t need any more. Discussion about the parcels took place. Frank stated this probably isn’t the best fit for LCD either and maybe better off with a Land Trust, the WI DNR, Conservation group or School District. A motion by Berkhahn,

seconded by Klosterman to inform PPC that at this time LCC feels there is no use for the

properties for Land Conservation Department. Motion prevailed by acclamation. 14 Update on Voelz Park timber harvest. Frank stated the harvest went pretty well with only a few challenges. The estimate for non-

sawlogs was 190 cords at $5,600 with actual being approximately 242 cords at $6,900. Final

invoicing will be completed by end of the year. 15 Discuss and take possible action on letter of support for Fox-Wolf Watershed Alliance

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partnering with Waterways Association of Menominee and Shawano Counties on an

Aquatic Invasive Species grant application. Frank explained how the partnership formed between Fox-Wolf Watershed Alliance and

Waterways Association of Menominee and Shawano Counties and that the grant deadline was Monday so a signed copy of the support letter has already been submitted. Krause asked if there is any financial commitment to the county and Frank stated there is not. Frank noted they will

be applying for another grant in February and requesting a letter of support. Following discussion, a motion by Berkhahn, seconded by Tauchen to approve our letter of support for

their Aquatic Invasive Species grant application. Motion prevailed by acclamation. 16 Correspondence and news. Frank reported on receiving from WI DNR notice of intent to reissue a Wisconsin Pollutant

Discharge Elimination System (WPDES) Permit for permitee: Shawano County Utilities. 17 New business that is requested for future committee consideration. Continue discussion on Land Conservation Services regarding the Shoreland Ordinance and

County Surveyor; review of draft Livestock Siting Ordinance. 18 Approve travel and meeting requests, if necessary. None 19 Set next meeting date. January 11, 2108 20 Adjournment. Motion to adjourn by Tauchen, seconded by Borroughs. Motion prevailed by acclamation.

Meeting was adjourned at 10:44 AM.

Recorded by: Scott Frank, Conservationist and Mary George, Office Assistant III

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Land Conservation Department Services — Review and Recommendations

Shoreland —Wetland Ordinance:

Background: Historically our office has assisted with survey and design for erosion control for sites that required a

Conditional Use Permit due to surface disturbance (fillingand grading) in the shoreland zone. These site weretypically on some steeper slopes where the landowner had a walkout basement in the home design.

Some concerns from my staff were recently brought to my attention:

1) Scope has been changing to include drainage on lot and around buildings2) Tying in floodplain and home elevations3) Guidance provided is not tied to any standards with which staff has approval authority4) No stormwater ordinance or standards to follow5) No oversite on installation6) Recent neighbor dispute went to court

7) Number of staff hoursa. 33 hours in 2016

b. 143 hours in 2017

8) Discussed situation with Tony Kordus on Nov. 10 and he advised me that as we are currently setup we

should not be providing this service due to liability issues. Landowner needs to find a private entity to

provide this service and submit required plans to the P&DDepartment.

County Surveyor:

Background: Historically our office has been involved in the PLSSremonumentation efforts and prior County

Conservationist was primary contact for the Land Information Office (LIO)through June 2009. As a merged

department with P&D (1997-2014) changes took place to have actual office hours for the County Surveyor. Land

Conservation Division staff assistance mostly consisted of CSM review and coordination as 10% of a position wasfor Zoning & Sanitation work. Un—mergingof the departments took place in March of 2015. Land Conservation

staff position no longer part of Zoning & Sanitation and transition of those duties back to P&Doccurred. One area

where LCDstaff continued to help was with the County Surveyor. The County Surveyor has also helped (since2012) the LCDlocate property corners and mark property lines for timber marking on county property. In 2013-2015 the amount of LCDassistance was limited and somewhat equated to County Surveyor assistance withproperty boundary marking. Assistance by LCDstaff has picked—upmuch more the past two years and County

Surveyor help has been limited to a few sites.

LCDstaff time assisting County Surveyor

0 2016 — 125 hours

0 2017 — 90.5 hours

Earlier this fall, LCCinquired about amount of staff time being spent assisting county surveyor. This has led to

some re—eva|uating of LCDstaff services and the equipment utilized.

0 These hours are really needed to complete conservation programming and activities, especially during thefield season.

0 The survey—gradeGPS equipment is owned by the USDA-NRCSbut housed in our office for the intendeduse on conservation projects (LCDand NRCS).

At this current level of workload I recommend we find another means to assist County Surveyor with PLSS

remonumentation and maintenance.

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