Minutes

Town Board Meeting Town of Rock Elm Pierce County Wisconsin Thursday March 20, 2025 Rock Elm Town Hall Tim Bates called the meeting to order at 8:07 PM Motion to approve the agenda was made by Matt Holcomb and seconded by Chris Thibado, motion carried. The main objective of this meeting was to have the Town Board and the CAFO Operations Ordinance Committee go through the PROPOSED Operations Ordinance in detail and listen to presentations by the Town of Eureka’s attorney and the DNR CAFO Program Coordinator. Public Input Non-resident—Thanked the Board and Ordinance Committee for their efforts Presentation by Andy Marshall and Lisa Doer via Zoom Andy has been an attorney for 38 years, owns a farm near Detroit Lakes. Stated that Ms. Brewer is no longer involved. Statute 93.9 regulates siting, operations is a separate issue. Towns can inact ordinances, there is nothing in WI that say they can not. Statute 66.0 towns may license regulate by ordinance. Manure is qualified as a pollutant. Statue 93.9 ordinance must follow statute guidelines The Trade Lake website has 74 page document from CAFO study committee. State does not regulate air pollution. WMC likes to bring claims up. Town of Eureka case was dismissed in circuit court (1 claim) now going to appeals court. In Trade Lake they uncovered lies on what land manure was spread on. Farms that spread should have leases with land owners. Leave in Quisi judicial language due to the facts in the application and it provides some official immunities Presentation from Victoria Ziegler and Chris Clayton, supervisor from DNR CAFO Programs Coordinator via Zoom Ag runoff –cafo permits NR243 defines Cafo as 1000 animal units WP DES permits every five years, nutrient management plan, 180 day manure storage DNR does not regulate siting, air quality or animal welfare. DNR requirements Discharge limits Engineering of storage facilities All information on site If existing facilities owner can call for evaluation of structures Nutrient management plan every five years with annual updates Manure management can not run off the property and many other conditions Soil and manure sampling is required NR 243 DNR compliance monitoring Done twice during permit term Full production area inspections every fourth year Have spill response and non- compliance rules DNR Enforcement 1. Telephone farmer 2. Send letter 3. Send in environmental expert 4. Notify Dept of Justice if necessary, can take multiple years DNR-CAFO inspection team currently has 15 people which is considered fully staffed in the last 6 month has 6 new regional specialists Town Board and CAFO Operations Ordinance Committee go through PROPOSED Ordinance and Attorney Loberg’s Suggestions #1 clarification on numbering system used #2 short form ordinance could be used—easier to post #3 Mr. Loberg did not feel a public hearing was required but the Board feels it is important #4 Mr. Loberg thought this should be better defined, committee not sure of what exactly may be needed #5 fees might need clarification #6 “quasi judicial” Mr Loberg thought this was incorrect but Mr. Marshall, the attorney for Eureka, said to leave this term in place #7 If manure is from Cafo outside township but spread or hauled through township is the ordinance binding, Mr Loberg felt it was #8 Surety Bond requirements, Mr Loberg felt that it should be required if the CAFO is either in or out of the Town #9 fines for non-compliance should be much higher Public Input Non-resident—works with 590 Plans and CAFOs and their reporting. Their goal is both safe ground and surface water. Non-resident—Thanked the Town for all their work on this issue and said it’s Towns vs corporations Non-resident—Stated she was not against farming but against contamination Non-resident—The federal, state, county and DNR do not have much power on this issue, its up to local governments Non-resident—Venture Dairies makes threats and has had court cases thrown out Resident—An LLC can just walk away if business goes “belly up” Manure haulers do not pay any road tax Manure is supposed to be spread away from “navigatable water” and that is any water at any time in the year Ordinance needs more detail and should state to use proper driveways only Haulers should contact the Town before hauling for routes that cause the least amount of damage to roadways Should reference the Road Damage Ordinance in the Operations Ordinance Non-resident—Stated he works with CAFOs and that there were regulations for them In 2024 two of the worst manure spills came from small farms, not CAFOs Self reporting is not the same as self enforcement Non-resident—livestock siting needs to be first, needs clarification Town Chairman—wondering where to go from here, move forward or table decision? Board member—stated he was not against the Ordinance but wanted to be very sure of decision Had a concern for EMS and Fire Dept personal, thought all pits should have posting on depth of pit Commercial trucks can not run off road fuel Board member—The Sheriff’s Dept has farm contact numbers and problems can be reported to them He felt that we need more discussion on these issues CAFO Committee—wondering about timeline to continue Chris Thibado made a motion to ask the public for concerns in writing and have them due by April 11, Matt Holcomb seconded, motion carried. Matt Holcomb made a motion to table the public hearing for now, Chris Thibado seconded, motion carried. Motion to adjourn by Matt Holcomb, seconded by Chris Thibado, motion carried and meeting adjourned at 10:15 PM Attendance; Tim Bates Matt Holcomb Monica Robey Chris Thibado Adam Carson Teresa Davis Troy Klecker Jerry Stein Brent Fetzer Mark Serier Larry Brenner Daniel Hove Mike Graham Roger Claflin Erin Tomasik Paul Churchill Dawn Churchill Judy Krohn Gib Krohn Mike Davis Kin Bremmer Mary Brand Steve Brand Samantha Bowen Ty Fisher Natalia Lastiri Tim Colbenson Cheryl Mutchler Ted Miner John Eager Jane Eager Tim Baumgartner John Gereats Bernie Larson Danny Atkenson ____________ Mike Hollstadt Ann Hollstadt Walter Hollstadt Kay Kastrian Several in attendance were from surrounding townships.