The monthly meeting of the Rusk County Land and Forestry Committee was called to order at 9:00 A.M., Monday, December 10, 2007. Present from the committee were: Gene Svoma, Phil Schneider, Jim Platteter, Tony Hauser, Roger Svoma. Also present were: Paul Teska, Forest Administrator; Randy Tatur, County Board Chairman. Larry Gotham from Morgan & Parmley; Jerry Carow from the WRA; Dana Goin, President of the ATV Club. Paul Huiras and Romie Antczak from the Weyerhaeuser Snowmobile Club. From the public, Don Mansky, Daryl Kinnear.

Motion by Platteter to approve the minutes of the previous meeting, with the adjustments on motions being made by 2nd by Schneider, carried.

Motion by Svoma to adjust the agenda as necessary 2nd by Hauser, carried.

Bucks Lake Dam – Larry Gotham stated that construction is complete and they are doing the final work on the area. There will have to be erosion control like planting grass on the area. Engineering aspect, the project is done, but they have to survey the way it was built and do plans accordingly and send the plans into the DNR and get a copy to Teska. Called an “As Is” Plan, which they will try to get done this winter. Larry has been sending in photographs to the DNR as the project has been progressing. Discussion on Bucks Lake Project.

ATV Trail – New Trail Proposal – Dana Goin had given us estimates for the new 12 mile trail. Teska had questioned the construction estimates, and we received one from the Highway Dept. which increases it $10,000.00 per mile. Puts the construction at $ 283,800.00 per mile. Leave the other amounts at Dana’s estimates. Total project cost is close to $500,000.00, not including the 8 remote campsites. Application is due in April. Dana would like to see the remote campsites because the ATV riders have been banned from riding their ATV’s to their campsites and he sees a real need to have areas that people can drive their ATV’s directly to their campsite. It makes it rough to camp when they have to trailer back and forth. If we are trying to promote the sport, he feels the campsites are necessary, or possibly run power to Perch Lake Campground and have it be an ATV Campground. There is a want and need for ATV campsites and feels that they would be full every weekend. Discussion on the campground and ATV’s in campgrounds.

Teska stated that it would be very difficult to develop another campground as we struggle to take care of what we have now and we are providing a service. Weyerhaeuser Snowmobile Club representatives Paul Huiras and Roman Antczak said that they would be in favor of the ATV trail running along their trail as then they would have funding available to help repair damage done to the trails. They do not see a problem with the trail being Snowmobile/ATV trail combination.

10:00 Corp. Council Rich Summerfield and Sheriff Dave Kaminski and Deputy Mark Warner appeared regarding damage done on the Weyerhaeuser Snowmobile Trail.

Asked Summerfield about opening Town Roads as ATV Trails. Using Hwy “F” and county black topped roads for ATV use. Protected by statute but we are always open to some liability. A recreational use statute, he will look for it and bring it to the committee sometime. Summerfield stated that the problem with sending the people a bill who did the damage, if they don’t pay it, we could try to go to court to get a judgment, but no one actually saw these people doing this damage, so we cannot prove this guy that was caught did the actual damage. There would be a big fact problem with trying to prove he did the damage. Intent to do damage is up to the DA if they want to prosecute. Every situation is different in trying to prove intent to do damage. We are talking about restitution not fines.

Kaminski stated that we know these people did the damage, we do not know if there was any damage there before, but how can we differentiate on what damage was done that night as to the damage done before? We can prove it was these particular people, that they did damage, but we can’t prove the full dollar amount because there may have been previous damage done to the road before they did their damage.

Summerfield – we can try to do this, but we might not win. If we send them a bill and they don’t do anything, then we decide if we want to spend the extra money to take them to court. Would also need an expert to state the costs. Also the sheriff’s dept. stating that the people admitted to doing the damage. It would be small claims court this would be in. The county would be the one to go after the people. Give Summerfield a copy of the grooming and maintenance contract.

Kaminski stated that Antczak Construction who did the work should be able to tell us what it costs to do the repairs. We may have an idea of how much of the road they damaged due to interviews. We know they traveled at least 3 miles in from “W”. Feels we should go after the people for the damage and we have a good case. Malicious damage of property ordinance is an ordinance and there is a DNR statute. Civil forfeitures we don’t have to prove intent to do damage, just that they did the actual damage, and burden of proof.

Warner stated that it is hard to prove where people do actual damage, so it is hard to give civil citations.

Teska – we are pretty confident they won’t pay the bill, so we must be prepared to take it to court if they don’t pay. In the past a prior DA was unwilling to prosecute because we could not prove intent to do damage. If they start issuing civil citations will it stop the damage? Warner stated that aggressive enforcement will stop some of the damage, but it won’t stop everyone. If civil citations for damage would stop the damage, why are we not issuing more citations? Does not feel that this is helping at all. Citations have not been issued for the past several years.

Platteter made the motion that based on the opinion of the legal council we should send the people a bill for the damage, with giving them 30 days to pay the bill or we would take legal action, 2nd by Svoma, carried. Summerfield will send the bill.

Discussion on controlling Vehicle Use Damage in the County Forest and what needs to be done to prevent it. It is time to start dealing with the damage. If we won’t do that then we should not be bringing more ATV traffic in by building more trails.

Kinnear stated that the county needs to have a full-time conservation officer to enforce this. The county does not have a person doing this right now; our officers are constantly pulled off our county forest patrol for other sheriff patrol things. Unless we put on an officer who patrols these areas specifically the damage won’t be controlled.

Dairyland Flowage Boat Landings, Josie Creek Park, Community Park – County Board Resolution.

Jerry Carow stated that they have different cost estimates than previously given to him by the Highway Dept., but the project is still workable. New estimates are higher; adjustments were made to the plans and resolution. Total is $216,000.00. Hauser made the motion to approve the plans and new resolution, to present to the County Board for their December meeting. 2nd by Platteter, carried.

Motion by Svoma to pay the bills, 2nd by Hauser, carried.

Timber Sale Close-Outs

Contract # 2212 – Steve Christianson/Levis Creek Timber Management, close out and return cash bond of $13,465.32 when final stumpage payment is made. Motion by Schneider, 2nd by Hauser, carried.

Contract # 2238 – Pacific Coast, Close Out and Cancel the Letter of Credit when final stumpage payment is made, motion by Hauser, 2nd by Schneider, carried.

Motion to go into closed session by Platteter, 2nd by Hauser; DuSell –Yes; Schneider – Yes; Hauser – Yes; Svoma – Yes. Carried.

Motion to go into open session by Platteter, 2nd by Schneider, carried.

Motion to adjourn at 12:00 by Hauser, 2nd by Schneider, carried.