LA CROSSE COUNTY BOARD PROCEEDIN

The La Crosse County Board of Supervisors Monthly Meeting was held on October 18, 2007 in the Administrative Center, Room B410. Chair Doyle called the meeting to order at 6:00 p.m. The County Clerk, Marion I. Naegle, took attendance. All supervisors were present except as noted:

DISTRICT - NAME		DISTRICT – NAME

1	Richmond, Andrea – Excused at 6:52 p.m. Present at 7:30 p.m.	19	Keil, Robert
2	Geary Jr., Ralph	20	Bina, Donald
3	Belzer, Keith - Excused	21	Hanson, J. Terry
4	Johnson, Jai – Present at 6:05 p.m.	22	Ebert, Ray A.
5	Gamroth, Jacie – Present at 6:11 p.m.	23	Kapanke, Brian
6	Billings, Jill	24	Pfaff, Leon
7	Plesha, Roger	25	Schroeder, Jeffrey
8	Freedland, Maureen	26	Burke, Vicki
9	Hampson, Sharon	27	Hammes, George
10	Wood, Margaret	28	Doyle, Steve
11	Gillett, Jason	29	Pfaff, Brad – Excused at 6:45 p.m.
12	Ehrsam, James	30	Spiker, Charles
13	Maney, Bernard - Excused	31	Fisher, Ann
14	Medinger, John D.	32	Schippers, Patrick
15	Montgomery, Lyell	33	Berns, Jim
16	Sebranek, Gerald	34	Rauk, Tom
17	Meyer, Donald	35	Bilskemper, Joe - Present at 6:08 p.m.
18	Johnson, Tara

Cpl. Rachael Lorraine Hugo was killed in action during her tour of duty in Iraq, Friday, October 5, 2007. Rachael is one of our own; she was employed by La Crosse County Health Department as a Community Health Aide, prior to enlisting in the U.S. Army Reserves and was deployed to Iraq as a Combat Medic in November 2006.

· EHRSAM handed out a report on action that was taken on Resolutions at the WCA Conference. He also had a bunch of switch grass and explained that ITBEC is working on finding ways to use it as alternative fuel. A ton of this grass will produce more than corn. The grass will grow anywhere from Canada to Florida and in any type of soil.

There was no objection to Supervisor Richmond’s request to move the Executive Committee items ahead.

RESOLUTION #59-10/07 RE: ADOPTION OF CONTRACT WITH TELECOMMUNICATORS ASSOCIATION

WHEREAS, La Crosse County and the Telecommunicators Association have been bargaining for a successor bargaining agreement for the period of 2007-2008, and; WHEREAS, the parties have reached tentative agreement on all issues raised through collective bargaining and the Association has ratified the tentative agreements. NOW THEREFORE BE IT RESOLVED, that the tentative agreements of the parties for changes to this contract for the years 2007-2008, including across the board wage increases of 2.0% for each year of the contract, be ratified as the changes to the working agreement between La Crosse County and the Telecommunicators Association, effective as specified in the agreement.

FISCAL NOTE: The estimated increase in cost of wage, fringe benefits and rollups for 2007 is $42,478 and for 2008 $45,008. There are approximately 23 employees in this bargaining unit.

Motion by T. Johnson/Gillett to approve passed on a unanimous voice vote with 2 excused – Belzer and Maney and 1 absent – Gamroth.

RESOLUTION #60-10/07 RE: APPROVING PROJECT PLAN FOR ADDITION TO THE LA CROSSE COUNTY LAW ENFORCEMENT CENTER

WHEREAS, developing a long-term solution to Jail capacity of the Law Enforcement Center and closing the Female Jail has been among the top priorities of the La Crosse County Board for the past several years; and WHEREAS, project Architects Potter Lawson / River Architects and Construction Manager Market & Johnson have developed an addition and remodeling plan that is supported by the Sheriff and County Administrator that addresses the Jail Capacity needs, along with an expansion plan to meet future capacity projections, as identified in the Carey Justice Assessment final report; and WHEREAS, the plan developed includes creation of an “Assessment Center” through co-location of Justice Sanctions adjacent to Jail Administration, while also offering rental space for WI Probation and Parole, in order to enhance closer working relationships that enhance public safety and reduce recidivism. NOW, THEREFORE BE IT RESOLVED that the La Crosse County Board approves the Project Plan in schematic form dated September 18, 2007, as presented by Potter Lawson/River Architects, for a Law Enforcement Center Addition – Phase I at a cost up to $29.5 million to construct up to 150,000 sq. ft. and remodeling of up to 15,000 sq. ft. approximately as listed below:

BE IT FURTHER RESOLVED that the County Board authorizes County staff to begin working with the Architects and Construction Manager to begin detail design, with guidance from the appropriate committees as established by the County Board. BE IT FURTHER RESOLVED that because the funding of the Law Enforcement Center addition project will require the issuance of debt which requires a vote of 2/3’s of the County Board Supervisors present, approval of this resolution must also meet the same requirement. BE IT FURTHER RESOLVED that the final plan for construction must be approved by the Sheriff and is expected to provide a Net Increase of at least 97 General Housing Beds and 11 Receiving / Medical Beds in the current Jail / Law Enforcement Center. BE IT FURTHER RESOLVED that the final plan for construction must be approved by the County Board and that any major variation in the Net Increase of General Housing Beds and Receiving / Medical Beds, and the allocation of sq. ft. as described above beyond 15% of each category, with a Total New Construction – Phase I, not to exceed 150,000 and Remodeling not to exceed 15,000 shall require a 2/3’s vote of the County Board Supervisors present. BE IT FURTHER RESOLVED that the total cost of the final plan cannot exceed $29.5 million, without being approved by an additional 2/3’s vote of the County Board Supervisors present.

FISCAL NOTE: The financial impact of this Law Enforcement Center Project-Phase I is not to exceed $29.5 million and will have to be paid for through the use of General Obligation debt requiring use of County Bond authority as part of the 2008 Budget.

Motion by Burke/Medinger to approve. Discussion ensued. Jane Klekamp of Justice Sanctions responded to questions from the Board. The motion to approve passed on a unanimous voice vote with 2 excused – Belzer and Maney.

RESOLUTION #61-10/07 RE: INITIAL RESOLUTION AUTHORIZING NOT EXCEEDING $29,500,000 BONDS OF THE COUNTY OF LA CROSSE.

BE IT RESOLVED by the County Board of Supervisors of the County of La Crosse, Wisconsin, that there shall be issued the general obligation bonds of said County in an aggregate principal amount not exceeding $29,500,000 for the public purpose of constructing a building addition and improvements to the Law Enforcement Center of the County. For the purpose of paying the various installments of principal of and interest on said bonds as they severally mature, prior to the issuance and delivery of said bonds there shall be levied on all taxable property in said County a direct annual irrepealable tax sufficient for that purpose.

Motion by T. Johnson/Gillett to approve. Discussion ensued. The motion to approve passed on a unanimous voice vote with 2 excused – Belzer and Maney.

RESOLUTION #62-10/07 RE: AUTHORIZING THE ADVERTISEMENT FOR PUBLIC SALE AND THE SALE OF GENERAL OBLIGATION LAW ENFORCEMENT CENTER BONDS, SERIES 2008‑A OF THE COUNTY OF LA CROSSE, WISCONSIN, IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $29,500,000, AND RELATED MATTERS.

WHEREAS, counties are authorized by Chapter 67 of the Wisconsin Statutes, as supplemented and amended, to borrow money and to issue bonds to finance any project undertaken for a public purpose and to refund municipal obligations, including interest thereon; and WHEREAS, it has previously been determined that it was necessary and desirable to issue general obligation bonds of the County of La Crosse, Wisconsin (the “County”), in an aggregate principal amount not to exceed $29,500,000, for the public purpose of constructing a building addition and improvements to the law enforcement center of the County, pursuant to Chapter 67 of the Wisconsin Statutes, as supplemented and amended; and WHEREAS, it is now necessary and desirable for the County to issue its General Obligation Law Enforcement Center Bonds, Series 2008‑A in an aggregate principal amount of not to exceed $29,500,000 for the public purpose of constructing a building addition and improvements to the law enforcement center of the County; and WHEREAS, all or a portion of the expenditures relating to said improvements and to be made from the proceeds of such Bonds (the “Expenditures”) (i) have been paid within the sixty (60) days prior to the passage of this Resolution, or (ii) will be paid on or after the passage of this Resolution; and WHEREAS, the County reasonably expects to reimburse itself or pay for the Expenditures with the proceeds of such Bonds; NOW, THEREFORE, BE IT RESOLVED by the County Board of Supervisors of the County of La Crosse, Wisconsin, as follows:

Section 1. There shall be issued the General Obligation Law Enforcement Center Bonds, Series 2008‑A of the County in an aggregate principal amount not to exceed $29,500,000 (the “Bonds”) for the purposes aforesaid.

Section 2. For the purpose of offering the Bonds for sale, pursuant to Section 67.08(2), Wisconsin Statutes, as supplemented and amended, the Auditor/Finance Director of the County is hereby authorized and directed to cause to be circulated the Official Terms of Offering in the form attached hereto as Exhibit A and to publish an appropriate notice of the sale of the Bonds in a newspaper to be selected by the Auditor/Finance Director of the County prior to the receipt of bids therefor and to receive bids for the Bonds on such date or dates as shall be determined by the Auditor/Finance Director of the County. The Auditor/Finance Director of the County shall also cause to be prepared and distributed an Official Statement, including Official Terms of Offering, with respect to the Bonds.

Section 3. After receipt of bids for the Bonds and consideration thereof by this County Board of Supervisors, this County Board of Supervisors will consider a resolution awarding the Bonds to the best bidder or bidders, prescribing the terms thereof and the form of Bond, and levying taxes in the specific amount necessary to pay the principal of and interest on the Bonds.

Section 4. The County reasonably expects to reimburse or pay the Expenditures with proceeds of the Bonds.

Section 5. The maximum principal amount of the obligations expected to be issued for the Project and to be made from the Bonds is $29,500,000.

Motion by T. Johnson/Meyer to approve passed on a unanimous voice vote with 2 excused – Belzer and Maney.

EXECUTIVE COMMITTEE: ORDINANCE #58 TO AMEND SECTION 2.01(2) ENTITLED “SUPERVISORY DISTRICTS” OF THE GENERAL CODE OF LA CROSSE COUNTY, WISCONSIN

The ordinance was introduced by T. Johnson. Discussion ensued and it was referred for 30 days. The ordinance is on file and open for public inspection in the office of the County Clerk and on the La Crosse County web site at: www.co.la-crosse.wi.us. Upon adoption and publication it will be incorporated into the La Crosse County General Code of Ordinances.

Appointment of Joan Curran to replace Judy Fuchsteiner on the La Crosse County Economic Development Fund, Inc. (indefinite term).

Appointment of Tara Johnson to the Implementation Council of the Western Wisconsin Consortium for Long Term Care Reform.

Motion by Doyle/Plesha to approve the two appointments as presented passed on a unanimous voice vote with 3 excused - Belzer, Maney and B. Pfaff.

Motion by Plesha/Sebranek to approve by consent agenda the minutes of the County Board of Supervisors Monthly Meeting held September 20, 2007, the Special Meeting held September 26, 2007, and the Public Hearing held October 2, 2007 and the Claims List for $3,025,890.49 passed on a unanimous voice vote with 3 excused - Belzer, Maney and B. Pfaff.

CONDITIONAL USE PERMIT NO. 765 FILED BY RICHARD M. AND SHARON M. MARTIN FOR A CONDITIONAL USE PERMIT TO OPERATE A RETAIL CERAMIC BUSINESS FROM THE BASEMENT OF THEIR EXISTING RESIDENCE IN THE TOWN OF HOLLAND

The La Crosse County Planning, Resources and Development Committee, having considered the application filed by: Richard M. and Sharon M. Martin N8227 Flaten Rd Holmen WI 54636 and having held a public hearing on the 1st day of October 2007 for a Conditional Use Permit to operate a retail ceramic business from the basement of their existing residence addressed above on land that is zoned Exclusive Agricultural District in the Town(s) of Holland on land described as follows: Part of the NW-SW in Section 21, T 18 N, R 7 W more fully described in tax parcel 8-281-3. Town of Holland. And pursuant to s. 59.69 Wis. Stats. and s. 17.36 Zoning Code: the Committee did publish and receive proof of a Class II notice of the hearing; did receive receipts of mailing of the notices to the affected Town Clerk(s); did hold a public hearing to hear testimony or correspondence from the people; and, did receive and consider action from the affected Town Board(s). The Committee and the affected Town Board(s), under s. 17.36(4), have the authority to approve the application with integral conditions or to disapprove of the application. Having considered the entire record the Committee’s recommendation is to: Approve with 7 conditions. By unanimous vote, the Committee recommended approval of Conditional Use Permit No. 765 subject to seven conditions. See Exhibit “A” attached.

Motion by Hammes/Keil to approve as recommended by the Committee passed on a unanimous voice vote with 3 excused - Belzer, Maney and B. Pfaff

ZONING ORDINANCE #Z167-10/07 RE: PETITION NO. 1760 FILED BY TROY AND KIMBERLY CHALSMA O/B/O KEN J. CHALSMA TO REZONE FROM TRANSITIONAL AGRICULTURAL DISTRICT AND AGRICULTURAL DISTRICT “A” TO RESIDENTIAL DISTRICT “A” IN THE TOWN OF HOLLAND

The La Crosse County Planning, Resources and Development Committee, having considered Petition No. 1760 to amend the La Crosse County Zoning Ordinance filed by: Troy and Kimberly Chalsma N6811 Briggs Rd Holmen WI 54636, O/B/O Ken J. Chalsma N6829 Briggs Road Holmen WI 54636 and having held a public hearing on the 1st day of October 2007 to rezone from Transitional Agricultural District and Agricultural District “A” to Residential District “A” the following described land in the Town(s) of Holland. Part of the NE-NW of Section 12, T 17 N, R 8 W described as: Commencing at the northeast corner of the said NE-NW thence along the east line of the said NE-NW, S00˚32’51”E 1196.10’ to the northeast corner of Lot 1, C.S.M., Volume 8, Page 24, and the point of beginning: thence along the north line of said Lot 1, S89˚27’09”W 200.00’; thence along the west line of said Lot 1, S00˚33’17”E 131.34’ to the south line of the said NE-NW; thence along said south line N89˚48’54”W 95.00’; thence N00˚32’51”W 145.13’; thence N89˚27’09”E 294.98’ to the east line of the said NE-NW and the east line of Outlot 1, said C.S.M.; thence S00˚32’51”E 15.00’ to the point of beginning. Town of Holland. And pursuant to s. 59.69 Wis. Stats.: the Committee did publish and receive proof of a Class II notice of the hearing; did receive receipts of mailing of the notices to the affected Town Clerk(s); did hold a public hearing to hear testimony and official correspondence; and, did receive and consider action from the affected Town Board(s). The Committee, under s. 59.69(5)(e)4, Wis. Stats., has the authority to approve the petition as submitted; to disapprove of the petition; or, to modify and approve the petition. Having considered the entire record the Committee’s recommendation is to: Approve. By unanimous vote, the Committee recommended approval of Zoning Petition No. 1760. (If this petition is approved as a conditional zoning, deed restrictions must be recorded before zoning takes effect.) The County Board, under s. 59.69(5)(e)5 Wis. Stats., has the authority to effectuate the petition by ordinance or to disapprove it. Having considered the entire record the Committee’s recommendation is to: Approve. By unanimous vote, the Committee recommended approval of Zoning Petition No. 1760.

Motion by Hammes/Meyer to approve as recommended by the Committee passed on a unanimous voice vote with 3 excused - Belzer, Maney and B. Pfaff

RESOLUTION #63-10/07 RE: TRANSFER OF FUNDS FROM THE CARE MANAGEMENT ORGANIZATION TO THE HUMAN SERVICES FUND RESERVE TO COVER CONSULTATION AND PERSONAL COMPUTER HARDWARE COSTS

WHEREAS, the La Crosse County Human Services Department has contracted for the services of a consulting firm called The Management Group (TMG) for the past 2 years to assist in planning for the regional expansion of the Family Care Program for those receiving long-term care services; and WHEREAS, the Human Services Department has paid out of its fund reserve $100,000 for TMG consulting designated for the regional expansion and $40,367 for purchase of personal computers to replace “thin clients” for CMO; and WHEREAS, Human Services fund reserves are La Crosse County dollars that should not be spent on the regional expansion of Family Care, nor the personal computer needs of the CMO; and WHEREAS, the La Crosse County Care Management Organization has met all fiscal solvency and risk reserve requirements within its contract with the state Department of Health & Family Services, has not incurred any of these consulting or personal computing costs and is able to repay the Human Services fund without any detrimental affect upon services. NOW THEREFORE BE IT RESOLVED that the La Crosse County Board of Supervisors authorize the La Crosse County Care Management Organization to pay $140,367 to the La Crosse County Human Services Department for the costs of consultation for regional expansion of the Care Management Organization and the cost of personal computers.

FISCAL NOTE: The Care Management Organization has met all contractual fiscal requirements of the state and until regional expansion takes place, it will continue to build up its fund reserve. The Human Services fund reserve is maintained for cash flow purposes and may be allocated to future local needs as determined by the La Crosse County Board.

Motion by Hampson/Billings to approve passed on a unanimous voice vote with 3 excused - Belzer, Maney and B. Pfaff.

WHEREAS, La Crosse County has acquired title to a tax delinquent lot at 2412 14^th Street S in the City of La Crosse that is 53.5’ x 126’ and described as Lot 3, except the west 6 feet, Block 23 of Clinton & Blackwell Addition; and, WHEREAS, the County is authorized to sell its tax deeded lands in such manner and upon such terms as the County Board may by ordinance or resolution determine and the County may transfer such land to any municipality within the county pursuant to ss. 75.35(2) and 59.52(6), Wis. Stats.; and, WHEREAS, the total amount of unpaid general property taxes and other expenses assessed to this real estate for the years 2002 – 2006 is $26,549.62 broken down as follows: Unpaid property tax - $6,571.03; Special assessments- $10,900.83 (includes the amount of $8,202.26 to raze and remove the building); Interest - $6,051.84; Penalty - $3,025.92; and, WHEREAS, the City of La Crosse has offered to purchase this lot for its fair market value of $23,800 which would reimburse the County for the taxes and charges except for the penalty levied against the delinquent taxes and such sale would be in the best interests of the taxpayers of La Crosse County. NOW THEREFORE BE IT RESOLVED, that the La Crosse County Board authorizes the sale of Lot 3, except the west 6 feet, Block 23 of Clinton & Blackwell Addition to the City of La Crosse for the amount of $23,800. BE IT FURTHER RESOLVED, that the County Board Chair and County Clerk are authorized to sign a warranty deed and any other documents necessary to sell the lot to the City of La Crosse upon approval by the Corporation Counsel. BE IT FURTHER RESOLVED, that the net sale proceeds shall be applied to the payment of back taxes on the property.

FISCAL NOTE: The total amount of the unpaid general property taxes and special assessments previously paid by the County to the taxing jurisdictions for this property was $17,471.86.

Motion by Spiker/L. Pfaff to approve. Discussion ensued. The motion to approve passed on a unanimous voice vote with 4 excused – Richmond, Belzer, Maney and B. Pfaff.

WHEREAS, the La Crosse County Huber Center was closed by December 31, 2005 and the building has deteriorated to the point where it needs major repairs to the roof and heating equipment; and, WHEREAS, the City of La Crosse fire code requires the existing sprinkler system in the Huber Center to be maintained which results in the County heating the building during the winter season; and, WHEREAS, the maintenance cost for the Huber Center included in the 2008 budget is $11,000 and the estimated costs for repairing the roof and heating equipment is $30,000 which is not budgeted; and WHEREAS, demolition of the Huber Center is the first step in the construction of the Law Enforcement Center addition and would eliminate the need for continued maintenance of the building and expenditure of funds for the repair of the roof and heating system; and, WHEREAS, as part of the demolition of the Huber Center building, it may be necessary to remediate any environmental conditions found on the site such as removal of underground fuel storage tanks. NOW THEREFORE BE IT RESOLVED, that the La Crosse County Board authorizes demolition of the Huber Center building and remediation of any environmental conditions found to exist on the site at a cost not to exceed $75,000 to be paid from the Jail Assessment Fees account and any additional costs shall be approved by the County Board. BE IT FURTHER RESOLVED, that the Facilities Director is authorized to issue a sealed bid or RFP for the selection of a demolition contractor and the award of such bid or RFP shall be approved by the County Administrator and Public Works & Infrastructure Committee pursuant to County purchasing procedures and the Finance Department is authorized to make the necessary budget adjustments to carry out the intent of this resolution.

Motion by Spiker/Sebranek to approve. Discussion ensued. The motion to approve passed on a unanimous voice vote with 4 excused – Richmond, Belzer, Maney and B. Pfaff.

RESOLUTION #66-10/07 RE: APPROVAL OF AMENDMENT NO. 4 TO THE SOLID WASTE DISPOSAL SERVICE AGREEMENT BETWEEN LA CROSSE COUNTY AND NORTHERN STATES POWER COMPANY REGARDING SALE OF FERROUS MATERIALS

WHEREAS, La Crosse County and Northern States Power Company entered into a Solid Waste Disposal Agreement dated March 18, 1986 for the construction and operation of the Refuse Derived Fuel facility on French Island; and, WHEREAS, the Agreement provides that if Northern States Power Company sells any recovered materials, such as ferrous materials removed from the waste delivered to the facility, that the County and Northern States Power Company share equally in the net revenues; and, WHEREAS, La Crosse County and Northern States Power Company desire to pursue the sale of ferrous recovered material from acceptable waste and to expand on the provisions in the Agreement to address the sharing of revenues received from the sale of such materials; and, WHEREAS, the Amendment will also provide that if the costs incurred for the sale of ferrous recovered materials exceeds the revenues, the County will pay such costs only up to the amount the County would pay for landfilling the material, so there will be no additional cost incurred by the County. NOW THEREFORE BE IT RESOLVED, that the La Crosse County Board authorizes the County Board Chair and County Clerk to execute an Amendment No. 4 to the Solid Waste Disposal Service Agreement in accordance with the above terms, after approval by Corporation Counsel.

FISCAL NOTE: Estimated revenues up to $10,000/year to be deposited in new Ferrous Revenue account. Costs or expenses paid by reduced landfill operational costs and state fees, resulting in no net cost to the County.

Motion by Spiker/Schroeder to approve. Discussion ensued. The motion to approve passed on a unanimous voice vote with 4 excused – Richmond, Belzer, Maney and B. Pfaff and 1 absent at voting – Medinger.

· SHERIFF DEPARTMENT’S SHIFT VEHICLES - Captain Mike Horstman gave a brief presentation on the 2008 fleet vehicles.

o Each Supervisor received a Fleet Vehicle Proposal handout, which included the following:

· The following need to be voted on at the November 5^th Policy Planning Meeting or the November 13^th Annual Meeting

APPROXIMATE SQ. FT. OF FLOOR AREAS OF LEC PROJECT

			Remodeling	New Construction
Ground Floor
	1 Remodeling of Existing		5,700
	2 Jail Administration, Lobby, Video Visitation, Vehicle Sallyport, Booking / Pre-Booking & Property			21,000
	3 Food-Service, Laundry, Loading Dock / Mech.			11,900
	4 Circulation / Mechanical & Shell			10,500
	5 Justice Sanctions			6,000
		*Sub-Total Ground Floor*	5,700	49,400

First Floor
	1 Sheriff Training			3,000
	2 Probation and Parole			8,000
	3 Shell and Circulation Mechanical			38,000

2^nd Floor
	Remodeling Existing Housing for flexibility		4,200
	General Population Cells & Circulation Mech.			24,000

3^rd Floor
	Remodeling Existing Housing for flexibility		2,800
	General Population Cells & Circulation Mech.			16,000

Exterior Sheriff Equipment Building				5,500
			12,700	143,900