Supervisors approve first reading for zoning, OK condemnation for Richmond land

By Mary Zielinski

Public hearings and protests not withstanding, the Washington County Board of Supervisors Tuesday unanimously passed the first reading of the county zoning ordinance that has met strong opposition since last summer.
Chairman Jim Miksch noted that the issue has been reviewed considerably, including a special public hearing held last week. The supervisors discussed the provision for existing non-conforming situations, and agreed to adding “or more” in section 3.04C to permit multiple housing in an existing development after the owner questioned stressed that being told the provisions were “close enough” was not good enough.
Miksch also noted that enforcement of he zoning code will be a factor and “some money will have to be spent” on it. Part of the enforcement will be the hiring of a zoning administrator. There also will be a zoning board of adjustment to handle appeals and, as supervisor Adam Mangold said, if it continued it would be the supervisors, then district court.
During the meeting, county auditor Bill fredrick stressed that there has been a lot of commentary that “pits the larger farmer against non-farming individual (in the county” without the public realizing that the agriculture rules “are out of our control” that it is regulated by state law. However, many who had opposed the zoning question what exactly constitutes agriculture, noting that at present it can be as few as ten acres.
The second reading is set for the February 23 meeting. To date, the supervisors have indicated they will do a full three readings.
The supervisors also were unanimous in agreeing that the site for treatment lagoons for a general collection system in the unincorporated town of Richmond be the Holy Trinty Catholic Church property.
However, in order to get it, they will have to go through condemnation proceedings.
Supervisors Wes Rich said that the pastor, the Rev. Rich Adams, told him the only way was condemnation because of how the land had been given to the church. Rich said the church was in agreement, indicating it would be a “friendly condemnation.”
However, resident James TeBockhorst said that the “friendly condemnation” was rescinded, that the church members “are no longer in agreement,” that there will be opposition.
The sanitary sewer project, which is being developed by the Rural Utility Services System (RUSS) and he county, arose in 2001 when two complaints were filed with the state about raw sewage running in an open ditch in Richmond. Indications are that situation was addressed, but it led to further studies until the present plan was devised.
Mark Fincel of Garden & Associates, the engineering firm doing the project, explained that if violations are not addressed, there would be fines from the state, levied against the county since Richmond has no separate governmental body.
The supervisors approved hiring the Graham Law office to represent the county in the land condemnation, and a member of the firm told the board the cost would be about $5,000. He added that there has to be a final design plan before approaching the property owners, as well as an appraisal or two.
“We have to get out ducks in a row,” he said, stressing there has to be enough information to have the right to do condemnation.
The church land consists of 50 acres of which ten will be needed for the two-cell treatment lagoons.
The Graham Law office also will take care of right of way project planning and coordination of services agreements. However, much of the negotiations for the easements will be done by acting county engineer Jacob Thorius.
In other business, the board:

• approved a resolution authorizing seeking USDA funding assistance for a new county public health building. The move permits borrowing up to $400,000 form the USDA. The site is the former Vetter lot, near the former Washington Depot, that will cost $67,500, a drop of $7,500 since he owner and the county will share equally the $15,000 cost of clearing the lot of buried debris from a demolished building. The plan also will provide for 30 parking spaces. Further funding is expected from a federal CDBG and other grants, as well as county taxpayer funds;
• approved two resolutions for temporary easements to aid with bridge work on W38, involving .31 acres and .28 acres; and
• approved the annual contract with Hillcrest to provide mental health services.