Dunn County, WI
September 24, 2012
Special Meeting of the Plan Commission and Town Board to review the ordinances for Nonmetallic Operator Licensing and the Blasting Ordinance.
Present: Attorney Terry Dunst, Bakke Norman, Cedar Corp. rep Scott McCurdy, Chairman Rich Monn, Supervisors Bob Anderson and Tim Mittlestadt Jr., Clerk-Treasurer Valerie Windsor, Plan Commission members, Tony Finder, Cindy Griffin, Jack Clark and Jim Chich and several townspeople (see sign in sheet).
Chairman Monn called the meeting to order at 7pm at the Stanton Town Shop, Knapp, WI.
Plan Commission to go over the draft ordinances with any comments or questions directed to the Plan Commission, Board members, attorney, and Cedar Corp.
Plan Commission looked at other ordinances out there and used those as a basis as well as several key people who have dealt with this already.
If the ordinances are approved as they are, would Milestone Materials be bound by these? Attorney answered that according to the language in the ordinance right now Milestone is not grandfathered in, however, Milestone could fight this and possibly get in.
Suggestion was brought up on the air monitoring (pg. 13, section a.) would like to see the language be for all applying for an operators license not just the frac sand plant.
Conflicts of Interest: Board members were questioned on whether they have a conflict of interest. Both Rich and Bob are legally allowed to vote on this as it does not cover Milestone Materials singly but is a broad spectrum covering all who may want to mine in our township.
Questions on monitoring and ground water quality, Cedar Corp. and the Plan Commission will get together on this and look into it further.
Who gets the results for the baseline testing (pg. 15, section c) Rich would like clarification in the ordinance, that the owner should get the results and how soon they would get them.
How does this relate to the zoning question that will be on the November ballot? Terry stated the distinction between these ordinances and the ballot question is that the ballot question is for zoning purposes only for all types of zoning issues, these ordinances are for the purpose of protecting our township and having rules in place for when the mining companies come in.
Suggestion was made that we remove the word “vital” from the ordinances (as seen on page 1, paragragh 1). He feels this is not a matter of life and death as that is what vital means. He feels this sets a premise of the document.
Many questions and comments on the ground water quality section (pg. 15): Concerns on the ½ mile insertion, why not further? It was stated that ½ mile is what has already been invented and has not been challenged in court. We can always go in and change this at a later date if need be. Comment was made that there is a concern that the water contaminates could go beyond the ½ mile and who would pay for that repair? As in the ordinance it limits the damages to within ½ mile. Wells on site would be monitored at all times. After the reclamation period is done we could require the company to pay for a water test.
Question on the Berm setback Language: Suggestion was made that we have 1000 feet from the resident.
Cedar Corp. stated these requirements are minimal.
Several suggestions were made to change wording of various sections. The Plan Commission has made note of these changes and will look into them before final drafts are written.
Hours of operation could be used as a bargaining chip with the mining companies. Comment was made that we must be consistent with everyone within the township, not just “pick on the mining company”.
Scale of mining – it could be 1000 acres or 5000 acres. Suggestion was that we have some sort of scale written into the ordinance.
Could we control the placement of mines? As of right now with no zoning we have no control. If we do adopt some sort of zoning ordinance we could control it at that time. Another tool we would use is the Comprehensive Land Use Plan.
Spelling and grammatical errors throughout the ordinances, these will be looked at and fixed for the final drafts.
Consensus was that the Plan Commission has done an excellent job on the rough draft. Suggestion was made that we use the developer’s agreement to really “put the hammer down” on the mining companies, as the ordinances are the minimum for what the town will accept.
Question was asked about the fees incurred when the ordinances are violated and the Plan Commission is still working on figuring out the fees and enforcement issues.
Motion to adjourn meeting was made by R. Monn, 2ndby B. Anderson. Approved.
Meeting adjourned at 9:35pm