BADGER ARMY AMMUNITION PLANT
REUSE COMMITTEE MEETING
FEBRUARY 11, 2002; 6:30 P.M.

Reuse committee members present: Judy Ashford (for Tim Healy), Marcia Colby, Mike Degen (for Darrell Bazzell), Curt Meine, Laura Olah (for Ken Lins), Dudley Pence, Peter Shrake (for Mike Mossman), Betty Thiessen, Rick Walgenbach, Marcus Wenzel, and William Wenzel.

Absent: Dave Schmiedeke, Matt Hauser, Brian Kindschi, Dean Steinhorst, Bart Olsen, Tom Gilbert, William Boulware, Karna Hanna, Gene Dalhoff.

Dave Tremble called the reuse committee meeting to order at 6:40 p.m., and certified compliance with open meeting laws. Their were no previous meeting's minutes to approve. Tremble reviewed agenda and the goals for the meeting. Agenda adopted by consensus.

Communications:
Dave Tremble read a communication from Tom Gilbert, National Park Service representative to the Reuse Committee. Tom commented on the elements of the Badger Intergovernmental Group (BIG) Memorandum of Understanding, specifically as they related to the Oversight/Management Board. Tom recalled his experience as a federal official with advisory groups, and described some of the advantages and drawbacks of the Federal Advisory committee Act (FACA) in establishing and managing those committees. He outlined four options for the Oversight/Management Board; 1) as an informational forum or roundtable, 2) as a fully compliance FACA committee, 3) as a body established under Wisconsin statute 66.0301 (which he felt offered the best opportunity to achieve the Board contemplated in the draft proposal), and finally, use special legislation to create a board that could include the federal entities as full members. Tom conveyed his conviction that his federal colleagues face "real complications" in participating in the O/MB anticipated by the draft proposal presented by Sauk County. Ultimately, he said, the success of the effort will come down to "vision, good will, and trust."

Tremble then read the latest version of the Badger Intergovernmental Group Memorandum of Understanding, and opened up discussion of the MOU to the Reuse Committee.

Marcia Colby questioned the allowance of uses "including but not limited to research, conservation, agricultural..." etc. in para. 1 (c). Mike Degen responded that the key to that paragraph, as with the entire MOU, is that it limits uses to those "consistent with the Badger Reuse Plan."

Curt Meine asked if the MOU is a commitment from the parties to stewardship, not only of the land, but of the Reuse Plan. Mike Degen said that while he didn't think the parties had developed the relationship between the Reuse Plan and the stewardship of the land yet, the commitment is there to build that relationship.

Marcia Colby asked if the three owners would be strong enough to put the breaks on inconsistent land uses.
Lance Gurney, speaking from the audience, thanked the Reuse Committee for helping the Badger Intergovernmental Group refocus its energy.

Curt Meine restated his analogy of the BIG MOU as similar to either the Articles of Confederation or to the Constitution.

Mike Degen abnd Rick Walgenbach expressed confidence in the MOU's ability to achieve the objectives of the Reuse Plan.

Jason VanDriesche asked about the potential for communications from the Reuse Committee and the BIG.

Mike Degen said he thought continued communication is possible, and took the opportunity to say that Secretary Bazzell had intended to be present for the meeting, and is still fully committed to the Reuse Plan.

Rick Walgenbach said that the BIG parties are still new at making joint proclamations; that they are still negotiating. He said that eventually we'll get to the point of speaking together as one.

Gail Lamberty asked about the language in para. 5, regarding land exchanges "within and without the Premises". Mike Degen replied that the WDNR is working with Dairy Forage to define areas within the "environmental corridor" between the bluffs and the river that are of special interest to DFRC for research. Mike said they are looking for opportunities to find land that could be swapped with DFRC, maybe outside the fence.

Curt Meine said that the WDNR, the DFRC, the BIA and the Ho-Chunk Nation reps worked very hard to modify the ownership "footprint". the net effect is to spread around the responsibility for contaminated land and facilities.

Laura Olah mentioned the conceptual map, and the fact that there are some areas on the "footprint" map that have not been cleaned up or even investigated. She wondered if the MOU is an enforceable document.

Mike Degen answered that the community has brought us this far, and the community will overcome the politics of any deficiencies in the MOU.

Laura Olah mentioned that in the Badger RAB, even a unanimous vote is not enough to force the army to act. She said that if the parties are bound by the Values and Criteria of the Reuse Plan, then we are home free.

Mike Degen replied that "so much community participation provides great strength."

Curt Meine commented that Laura's question really asks "to what degree is the MOU a binding document?" He said the Parties respective legal counsel jealously guard their sovereign authority."

Bill Stehling said that it might be necessary to get federal authority to allow "sovereignty" to be address differently.

Mike Degen stated that the strength of the project is in the spirit of collaboration.

Curt Meine mentioned other models of collaboration.

Jason VanDriesche asked if this collaboration was unique just because every collaboration is unique, or because of some particular aspect that makes it unique.

Curt Meine replied that Badger does present some new and different aspects. There are five different levels of government, for example.
Bill Wenzel said that he felt the MOU clearly addresses the concerns of the local communities.

Marcia Colby said that the passion that was poured into the Reuse Plan makes everyone not at the BIG table skeptical about having the rug pulled out from under us.

Tremble then read the Sauk County Oversight/Management Board proposal.

Bill Wenzel said that it would be useful to allow the O/MB to handle grant funds not accessible to the other Parties.

Rick Walgenbach mentioned that federal agencies are accountable for their management of federal funds.
Virginia Metcalf asked about the Army's role.

Tremble replied that so far they are acting as a technical advisor to the BIG, and that's the role they would be expected to maintain.
Mike Degen said that the Army would have a decison making role in the cleanup operation.

Laurta Olah agreed that the O/MB needs to be established asap.

Curt Meine said the Parties to the MOU need to look at the parts of the Reuse Plan that refer to the O/MB.

Laura Olah said Sauk County's proposal needs to look as much like the Reuse Plan elements and language as possible.

Curt Meine asked whether the O/MB is being regarded in the BIG discussion as an advisory committee or as a decision-making body. He suggested 1) resisting the use of the term "advisory" whenever possible; that other words are better; 2) the need for a consistent state approach; for the various state agencies to work together.

Peter Shrake referred to the Section 106 element of the Historic Preservation Act. He said the Badger History Group is evaluating the historic property, watching the situation, advising the Army and the State Historical Society.

Mike Degen said that the Governor has called meetings of state agencies, but probably did not include the State Historical Preservation Officer.

A general discussion of the need for broad participation followed.

Curt Meine again mentioned other collaborative models, saying that Badger is somewhere between the Chicago Wilderness and the Kickapoo Reserve.

Mike Degen said that the BIG has a commitment to take the best of the best and bring it together.

Curt Meine, in some final comments, mentioned the Sauk Prairie Center as a tangible place for coordinating activities. He also mentioned the Pilot Project that is currently being discussed. Access to the plant is an issue. Dave Fordham is trying to find a way.

Members and the audience discussed the need for further Reuse Committee meetings. Tremble agreed to distribute meeting notes.
The meeting adjourned by consensus at 9:00 pm.

Respectfully Submitted,
Dave Tremble
Sauk County Dept. of Planning and Zoning.