Chippewa County Land Conservation
Committee Meeting
March 16, 2006
The meeting was called to order by the Vice-Chair, L. Willkom, at 8:30 a.m. Members present were J. Brost, J. Dahl, P. Licht, P. Michels, E. Rineck, and L. Willkom.
Members absent were D. Boettcher.
Agency staff present were T. Lindsay (NRCS), J. Sazama (Corporation Counsel), R. Yohnk (Recycling), M. Dahlby, D. Masterpole, and J. Schemenauer - Recorder (LCD).
Item #1 -Minutes/Bills/Plans/Contracts/Agreements.
The minutes from the 2/16/2006 LCC meeting were presented. L. Willkom noted that under the last agenda item, the draft minutes did not accurately reflect those in attendance (as the Committee came out of closed session), in that he had left the meeting and was not present for that action.
Motion to approve the 2/16/2006 minutes, as amended to correctly record which members were in attendance at the end of the meeting: Rineck/Brost. Motion carried.
The LCD program bills, Duncan Creek project bills, and Recycling program bills were presented. Motion to approve bills: Michels/Brost. Motion carried.
There were no plans, contracts, or agreements presented.
D. Masterpole distributed and the Committee reviewed the following material:
1. Memorandum to D. Clary (Zoning Administrator), from D. Masterpole (LCD), (3/14/06), outlining recommended action to achieve and maintain regulatory compliance; Valley Beau Farms.
2. Plan titled: Mitigation Plan for T13622 Fields #1-3 - Valley Beau Farms, (LCD 3/9/06). The plan provides a recommended management approach to mitigate the impacts of an excessive application of animal waste.
There was general discussion.
Item #2 - Appointment of Land Conservation Committee Members to Ad Hoc Committee to Study Protection of Agricultural Land.
The Committee reviewed Resolution #4-06 titled: Resolution to Establish Ad-Hoc Committee to Study Development Issues in the Agriculture Districts, (adopted 2/14/06).
The resolution specifies that 2 representatives each from the Agricultural and Extension Committee, the Economic and Industrial Development Committee, the Land Conservation Committee, and the Zoning Committee be recommended by their respective committee chairs to select members of an ad-hoc committee to study development issues in agricultural districts.
Motion to appoint D. Boettcher and J. Dahl as Land Conservation Committee representatives to the Ad-Hoc Committee to study development issues in agriculture districts: Brost/Michels. Motion carried.
Item #3 - Consider Resolution Authorizing Intergovernmental Agreement Between Chippewa
County and Eau Claire County to Implement a Storm Water Education Program.
D. Masterpole distributed and the Committee reviewed the following material:
1. A draft Resolution titled: Resolution to Enter Chapter 66.30 Intermunicipal Agreement to Develop and Implement a Public Education and Outreach Program, (LCD). The resolution authorizes the Chippewa County LCC to enter into a three (3) year Chapter 66.30 intermunicipal agreement with Eau Claire County for the purpose of developing and implementing a stormwater public education and outreach program to meet WPDES stormwater permit requirements.
2. A draft agreement titled: Storm Water Management Public Education and Outreach Cooperative Agreement, (Final Draft 3/14/06). The draft agreement outlines the responsibilities of Chippewa County and of Eau Claire County to “develop and implement a single information and education program for both counties meeting requirements of Wis. Admin. Code, Section NR 216.07...”
Under the agreement, the Counties agree to sponsor and conduct specific activities as contributing components of a stormwater management education and outreach program. The responsibilities, as delegated under the agreement, are as follows:
A. Eau Claire County will be responsible for conducting the following activities:
I. Schedule and conduct a storm water BMP tour in Chippewa Falls/Eau Claire urban area.
II. Prepare or arrange radio or TV announcements or broadcasts which focus on storm water education in the Chippewa Falls/Eau Claire urban area, and which deliver public information messages.
III. With Chippewa County, working through the Chippewa Valley “Storm Water Management Forum”, evaluate collaborative efforts and institutional arrangements which may be used to implement a long-term information and outreach program to meet the interests of Eau Claire County and
B. Chippewa County will be responsible for conducting the following activities:
I. Schedule and conduct a technical workshop or training session for municipal officials, agency staff, and developers in the Chippewa Falls/Eau Claire urban area.
II. Prepare or arrange a series of newspaper articles or news releases which focus on delivering public information messages on preventing storm water pollution.
III. With Eau Claire County, working through Chippewa Valley “Storm Water Management Forum”, evaluate collaborative efforts and institutional arrangements which may be used to implement a long-term information and outreach program to meet the interests of Eau Claire County and Chippewa County, and the associated municipalities in the Chippewa Falls/Eau Claire urban area.”.
Under the agreement, the Counties agree to apply jointly for a Wis. Dept. of Natural Resources grant to
offset costs, and agree to fulfill their responsibilities irrespective of whether a grant is awarded.
The components of the agreement are outlined as follows:
I. Parties.
II. Term of Agreement.
III. Purpose of Agreement.
IV. Program Summary.
V. Scope of Services.
VI. Liaisons.
VII. Notices.
VIII. Insurance.
IX. Mutual Indemnification.
X. Waiver of Breaches.
XI. Applicable Law.
XII. Section Headings.
XIII. Non-Assignment of Agreement.
XIV. Modifications to Agreement.
XV. Integration of Agreement.
There was general discussion regarding the draft resolution and intergovernmental agreement.
Discussion focused on the expenses that will be incurred in implementing the agreement and the potential
cost savings that will be achieved. Additional discussion focused on the feasibility of obtaining a DNR
grant to offset costs.
Motion to approve the draft Resolution to Enter Chapter 66.30 Intermunicipal Agreement to Develop and
Implement a Public Education and Outreach Program and to forward the resolution to the Administrative
Committee for their consideration: Rineck/Michels. Motion carried.
Item #4 - Consider Land Conservation Committee Role as Advisor to the Community Foundation of
Chippewa County to Establish and Manage a Conservation Fund Endowment.
D. Masterpole distributed and the Committee reviewed a draft handout titled: Draft - A Conceptual
Overview of a Proposed Community Conservation Fund, (LCD 3/15/06). The handout is a revised
proposal (initially introduced at the 2/16/06 LCC meeting) to establish a mechanism which could be used
to support land acquisition and resource protection projects in Chippewa County.
Under the concept, a “donor advised endowment” would be established through the Community
Foundation of Chippewa County, Inc. to encourage contributions toward land conservation projects.
D. Masterpole reported that, in response to the LCC’s initial directive (2/16/06), staff has worked with J.
Sazama (Corporation Counsel) and representatives of the Community Foundation of Chippewa
County, Inc. to further develop and advance the proposal.
The LCC systemically discussed a number of policy questions which focused on the following issues:
1. The appropriate linkages to and/or separation between private contributions and from public funds.
2. The responsibilities of the Community Fund trustees (as fund managers) in relation to the LCC (as fund advisors).
3. The criteria or guidelines which would be used to receive, grow, and disperse funds.
Motion to support and further advance the concept of establishing a community-based conservation fund
through the Community Foundation of Chippewa County, Inc., for the purpose of preserving lands for
resource protection and public use through direct land purchase or through permanent conservation
easements: Michels/Dahl. Motion carried.
Item #5 - Consider Application for 2007 REI Recycling Grant.
R. Yohnk distributed and the Committee reviewed a proposal titled: 2007 Recycling Efficiency Incentive
(REI) Grant Proposal Between Chippewa County and the City of Cornell, (LCC 3-16/06). The proposal
provides information regarding the State REI grant process as follows:
•Purpose of Grant
To reward responsible units (RU’s) that have made efforts to improve the efficiency of their recycling programs through intermunicipal cooperation.
•Background
History of Chippewa County grant applications and awards (2003-2005).Year Efficiency Gained Grant Award
2003 None - Automatic payment to existing RU’s. $36,843.46
2004 Village of Lake Hallie joined the Chippewa Co. RU. $39,348.01
2005 Cooperative Agreement between Chippewa Co. & $35,832.24
City of Cornell to improve the efficiency of
special collection recycling events.
2006 Cooperative Agreement between Chippewa Co. & Notified in 5/06.
Barron Co. to allow Chippewa Co. municipalities Awarded in 6/06.
to deliver & process recyclable plastics at the Barron
Co. Material Recovery Facility.
2007 Cooperative Agreement between Chippewa Co. & Depends on # of
City of Cornell to improve efficiency of large event participants.
recycling program.
•Issue
For past four years, the LCC has sought and received annual REI grants to offset the County tax levy, historically used to fund the County Recycling Program. The LCC did so with the recommendation to future finance committees that if the grant was not awarded, the tax levy would return to the historic level prior to the DNR Recycling Efficiency Incentive Grants.
•Proposal
Apply for REI grant for year 2007. Chippewa County and the City of Cornell would enter a cooperative agreement to improve efficiencies in recycling for large events.
In pursuing this proposal, the staff has requested:
1. Authorization to negotiate a cooperative agreement with the City of Cornell for the purpose of pursuing a 2007 REI grant.
2. Policy clarification on how the LCC would intend to use the grant (if successful), as part of its ongoing fiscal strategy.
There was general discussion regarding past REI grants and the 2007 REI proposal.
Discussion focused on the risks associated with relying on a series of temporary REI incentive grants to
finance local recycling programs.
Motion to:
1. Authorize staff to pursue negotiations with the City of Cornell and to submit a Year 2007 REI grant.
2. Apply the 2007 grant revenue (if received), to temporarily offset the 2007 County tax levy, with the understanding that if this grant is not received in 2007, the tax levy will be returned to the historic levy allocation used to fund the recycling program before it was first deferred using REI grants in 2003:
Rineck/Dahl. Motion carried.
Item #6 - Consider Acceptance of North American Wetland Conservation Act Grant.
M. Dahlby presented and the Committee reviewed a handout titled: Report on Approval of North American
Wetland Conservation Act (NAWCA) Grant Application: Consideration of LCC Acceptance of Grant;
Determination of Suitability of the Grant to Meet Stewardship Fund Obligation to Match 2006 Sales Tax
Allocation; and Consideration of Options for Applying Grant Towards Specified Project Proposal,
(LCD 3/16/06). The report provides the following information:
1. Background
•LCD applied for a grant with the North American Wetland Conservation Act (NAWCA) in the amount of $100,000, which, if awarded, could be applied to fund a specified project proposal (8/18/05 - Cherrier Acquisition II). The funding proposal is part of an area-wide grant application which has been prepared by the West Wisconsin Land Trust (WWLT).
•Resolution #43-05 was adopted by the Chippewa County Board of
Supervisors on 11/01/05. The resolution provided for a $50,000
allocation of sales tax funds to replenish the Chippewa County
Stewardship Fund in 2006. The resolution directs that:
•The allocation, and any associated grants which are gained, be
administered by the County as local incentive matching grant, which will
result in a 4-1 return on the local sales tax investment.
•The funds will be targeted towards high priority areas to achieve
management objectives, as defined in Chippewa County Land and Water
Resource Management Plan and the Forest and Parks 10-Year Plan.
•In the event that outside matching grants are not gained, the sales tax allocation will not be appropriated.
2. Update
•On 3/8/06, the LCD was notified that the NAWCA grant application was approved and that the County’s portion of the grant award is anticipated in April, 2006.
•The Chippewa Valley Chapter of Pheasants Forever has expressed an interest in sponsoring the “Cherrier Acquisition II” land acquisition project.
There was general discussion regarding the NAWCA Grant and use of the Chippewa County Stewardship
Fund.
Discussion focused on the current County Stewardship Fund account balance (3/16/06), and the total
amount that would be allocated from that account to distribute the NAWCA grant award ($100,000, not
$150,000).
Motion to:
1. Accept the $100,000 NAWCA grant award.
2. Acknowledge the $100,000 NAWCA grant award as meeting the LCC’s obligation to obtain outside matching grant funds to secure the 2006 $50,000 sales tax allocation, as passed by the County Board Resolution #43-05.
3. Recommend that the project sponsor for “Cherrier Acquisition II” submit an application for these funds through the Chippewa County Stewardship Fund local match grant.
Dahl/Michels. Motion carried.
Item #7 - Review Department Responsibilities Under Animal Waste Storage Ordinance (17.35),
Introduce Policy Questions as They Pertain to Livestock Siting Legislation.
D. Masterpole distributed and the Committee reviewed the following material:
1. Handout titled: Working Draft of Policy Questions Pertaining to Chippewa County’s Response to Livestock Siting Legislation, (LCD 3/15/06). The handout outlines a series of draft policy questions to address the livestock facility siting issue within the context of the County’s existing regulatory authority and current planning and zoning initiatives.
2. Draft resolution titled: Resolution Authorizing (___________) County the Ability to Utilize the 6 Month Ordinance Implementation Extension Granted by Administrative Rule ATCP 51, (Wisconsin Towns Association). The draft resolution would allow the County to maintain its existing conditional use zoning authority, as it now applies to the siting and expansion of livestock facilities, while the County works to incorporate the State’s siting standards into the County Zoning Ordinance.
There was general discussion regarding the responsibilities of the Zoning Department
(administrative/enforcement) and the LCD (technical support/compliance monitoring), as currently
delegated under the Chippewa County Animal Waste Storage Ordinance.
Additional discussion focused on the feasibility of upgrading the Animal Waste Storage Ordinance, at the
same time the County upgrades the Zoning Ordinance to address the livestock siting issue.
There was general agreement that correspondence be forwarded from the LCD to the Zoning Department
to convey the LCC’s interest in upgrading and updating the County Zoning and Animal Waste Ordinances,
as necessary to meet the objectives of ATCP 51 and NR151, while maintaining the County’s existing level
of permitting and regulatory oversight.
Item #8 - Report on NRCS Programs.
T. Lindsay provided a PowerPoint presentation to the Committee on how Federal money is spent in
Chippewa County. The presentation provided information on the following Federal programs:
•CSP Program.
•EQIP Program.
•Farm and Ranch Lands Protection Program.
•Wetland Reserve Program.
•Wildlife Habitat Incentives Program.
D. Masterpole thanked the Committee members for their service to the LCC under their most recent two-
year term.
The LCC deferred setting the next meeting date until after the regularly scheduled two-year reorganization
of the County Board.
Motion to adjourn: Michels/Brost.
The meeting was adjourned at approximately 10:50 a.m.