LA CROSSE COUNTY BOARD PROCEEDIN

The La Crosse County Board of Supervisors Monthly Meeting was held on February 21, 2008 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	19	Keil, Robert - Excused
2	Geary Jr., Ralph	20	Bina, Donald
3	Belzer, Keith – Present at 6:21 p.m.	21	Hanson, J. Terry
4	Johnson, Jai	22	Ebert, Ray A.
5	Gamroth, Jacie	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 - Excused	29	Pfaff, Brad
12	Ehrsam, James – Excused at 7:25 p.m.	30	Spiker, Charles
13	Maney, Bernard - Excused	31	Fisher, Ann - Excused
14	Medinger, John D.	32	Schippers, Patrick - Absent
15	Montgomery, Lyell – Present at 6:12 p.m.	33	Berns, Jim - Excused
16	Sebranek, Gerald	34	Rauk, Tom
17	Meyer, Donald – Present at 6:21 p.m.	35	Bilskemper, Joe
18	Johnson, Tara

o Supervisor’s Conference Report: Supervisor Sebranek gave a brief synopsis of ITBEC (International Trade Business and Economic Council). La Crosse County has 2 members – Ehrsam and Sebranek.

o Supervisor’s Conference Report: Supervisor L. Pfaff and Chair Doyle gave Stan Tyler a plaque for his 23 years of dedicated service to the citizens of La Crosse County as a member of the La Crosse County Wildlife Abatement Damage Committee. He was recognized with a round of applause.

o Update on EMS Mediation: We are talking with both sides, but there is nothing new to report.

o Ethics Board Report: Supervisors received minutes which stated that there was no ethical violation with O’Malley’s contract.

o Park Plaza Update: Planning staff is working with the City of La Crosse Attorney on some outlines of various terms that could be worked out if the two parties involved, Jay Hoeschler, and the developer agree. They are continuing to make progress.

o Mississippi Valley Health Services Report: This is a historic achievement – a first ever multi-county nursing home collaboration in the State of Wisconsin. This completes a process that began in November of 2003. County staff worked to diversify revenue sources by charging for specific unique services. Billing for the first month was just completed with a total of $65,000. At this pace La Crosse County will receive $784,000 in new revenue in 2008. O’Malley gave our Corporation Counsel Bill Shepherd, a special thanks for all his hard work on the projects. Many supervisors also put in a lot of hard work.

o County Administrator Contract: Followed up on the controversy. He wrote to the Attorney General and asked for an opinion and that opinion has been placed on each supervisor’s desk. Corporation Counsel Shepherd cited Chapter 59.02. The Attorney General’s conclusion was that the resolution was the proper way to deal with the contract issue. The resolution did not change the ordinance and Shepherd feels the ordinance should be looked at in the future. He responded to questions from the Board.

· Appoint James Ehrsam to replace Tara Johnson on the Mississippi Valley Health Services, Inc. Board of Directors for a three year term to expire December 31, 2010.

· Appoint Terry M. Houlihan to replace Walter Gilbert on the Board of Adjustment for the remainder of the term expiring December 31, 2008.

· Appoint Harry Meinking to replace Stan Tyler on the Wildlife Abatement/Damage Committee.

Motion by Doyle/L. Pfaff to approve the appointments as presented passed on a unanimous voice vote with 5 excused – Gillett, Maney, Keil, Fischer and Berns and 1 absent – Schippers.

Motion by Plesha/Sebranek to approve by consent agenda the minutes of the County Board of Supervisors Monthly Meeting held January 17, 2008 and the Planning Meeting held February 11, 2008 and the Claims List for $11,506,820.63 passed on a unanimous voice vote with 5 excused – Gillett, Maney, Keil, Fisher and Berns and 1 absent – Schippers.

CONDITIONAL USE PERMIT NO. 770 FILED BY TERRY GILBERTSON, O/B/O LARRY C. AND VIOLA G. GILBERTSON TO OPERATE AN AUTO BODY SHOP AND AUTO REPAIR BUSINESS IN THE TOWN OF HOLLAND

The La Crosse County Planning, Resources and Development Committee, having considered the application filed by Terry Gilbertson N7735 Amsterdam Prairie Rd, O/B/O Larry C. and Viola G. Gilbertson 107 Gaarder Rd W Holmen WI 54636 and having held a public hearing on the 4^th day of February 2008 for a Conditional Use Permit to operate an auto body shop and auto repair business in the lower level of an existing single family dwelling with no more than 5 customer vehicles stored inside a 6’ high fenced in 40’ x 50’ area at any one time, with no sales of any kind. Cars, boats and recreational vehicles will be repaired, on land zoned Agricultural District “A” in the Town of Holland on land described as follows: Part of the SW-SW of Section 26, T 18 N, R 8 W described in tax parcel number 8-1129-5. 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: Deny. By a vote of 5 in favor of denial, 1 opposed – Bina, 1 excused – Keil, the Committee recommended denial of this Conditional Use Permit based on continued non-compliance on the site, unlicensed and inoperable vehicles, junk tires and environmental safety issues. The County Board took the following action this 21^st day of February, 2008: Disapproved the application

Motion by Hammes/Meyer to deny as recommended by the Committee passed on a unanimous voice vote with 5 excused – Gillett, Maney, Keil, Fisher and Berns and 1 absent – Schippers.

ZONING ORDINANCE NO. Z178-2/08 RE: PETITION NO. 1770 FILED BY DUSTIN AND RHONDA BERG TO REZONE FROM AGRICULTURAL DISTRICT “A” TO COMMERCIAL DISTRICT “B” IN THE TOWN OF HOLLAND

The La Crosse County Planning, Resources and Development committee, having considered Petition No. 1770 to amend the La Crosse County Zoning Ordinance filed by: Dustin and Rhonda Berg W7903 Old Highway 93 Holmen WI 54636 and having held a public hearing on the 4^th day of February 2008 to rezone from Agricultural District “A” to Commercial District “B” the following described land in the Town(s) of Holland. The East 165’ of the NE-NW of Section 26, T 18 N, R 8 W. 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 a vote of 6 in favor, 1 excused – Keil, the Committee recommended approval of the petition to Commercial District “B.” (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. The County Board took the following action this 13^th day of February, 2008: Approved the petition as submitted, becomes an ordinance.

Motion by Hammes/Rauk to approve as recommended by the Committee passed on a unanimous voice vote with 5 excused – Gillett, Maney, Keil, Fisher and Berns and 1 absent – Schippers.

TERMINATION OF CONDITIONAL USE PERMIT NO. 588: TERMINATION NO. 8 FILED BY CHAD VANDENLANGENBERG, GIS SPECIALIST/ENFORCEMENT OFFICER ISSUED TO ANDREW STICHMAN, ON BEHALF OF WILLIAM L. AND SALLY L. STICHMAN TO OPERATE A HEATING AND AIR CONDITIONING BUSINESS FROM THEIR RESIDENCE IN THE TOWN OF MEDARY

The La Crosse County Planning, Resources and Development Committee, having considered the application filed by: Chad Vandenlangenberg, GIS Specialist/Enforcement Officer La Crosse County and having held a public hearing on the 4^th day of February, 2008 on a petition to terminate Conditional Use Permit No. 588 issued to Andrew Stichman, on behalf of William L. and Sally L. Stichman, N3151 Smith Valley Rd, La Crosse WI 54601, and passed by the County Board on July 18, 2002 to operate a heating and air conditioning business from their residence and attached garage, on land zoned Agricultural District “A” in the Town of Medary. Reason for terminating – the use has been discontinued for a period in excess of 12 consecutive months. Land described as: Part of the SW¼-NE¼ of Section 26, T 16 N, R 7 W, in tax parcel number 9-1243-0. Town of Medary. 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: Terminate. By a vote of 6 in favor, 1 excused – Keil, the Committee recommended termination of this Conditional Use Permit based on a voluntary request indicating the property has not been used for this purpose for a period in excess of 12 consecutive months. The County Board took the following action this 21^st day of February, 2008: Approved termination.

Motion by Hammes/Wood to approve the termination as recommended by the Committee passed on a unanimous voice vote with 5 excused – Gillett, Maney, Keil, Fisher and Berns and 1 absent – Schippers.

TERMINATION OF CONDITIONAL USE PERMIT NO. 507: TERMINATION NO. 9 FILED BY CHAD VANDENLANGENBERG, GIS SPECIALIST/ENFORCEMENT OFFICER ISSUED TO RICHARD AND JANE BROCKWAY TO OPERATE AN ELECTRICAL CONTRACTOR’S BUSINESS IN THE TOWN OF HOLLAND

The La Crosse County Planning, Resources and Development Committee, having considered the application filed by: Chad Vandenlangenberg, GIS Specialist/Enforcement Officer La Crosse County Zoning, Planning and Land Information Department 400 4^th ST N – Room 3170 La Crosse WI 54601 and having held a public hearing on the 4th day of February, 2008 on a petition to terminate Conditional Use Permit No. 507 issued to Richard and Jane Brockway, W6480 County Rd V, Holmen WI 54636, and passed by the County Board on July 20, 2000 to operate an electrical contractor’s business in a proposed 30’ x 50’ accessory building, on land zoned Residential District “A” in the Town of Holland. Reason for terminating – the permit was never utilized and building never constructed. Land described as: Lot 1 of Certified Survey Map No. 56 Volume 8 described in tax parcel number 8-275-2. 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: Terminate. By a vote of 6 in favor, 1 excused – Keil, the Committee recommended termination of this Conditional Use Permit based on a voluntary request indicating the property has not been used for this purpose for a period in excess of 12 consecutive months. The County Board took the following action this 21^st day of February, 2008: Approved termination.

Motion by Hammes/T. Johnson to approve the termination as recommended by the Committee passed on a unanimous voice vote with 5 excused – Gillett, Maney, Keil, Fisher and Berns and 1 absent – Schippers.

TERMINATION OF CONDITIONAL USE PERMIT NO. 477: TERMINATION NO. 10 FILED BY CHAD VANDENLANGENBERG, GIS SPECIALIST/ENFORCEMENT OFFICER ISSUED TO JOEL R. JANSKY TO OPERATE AN ANTIQUE RESTORATION AND CABINET-MAKING BUSINESS IN THE TOWN OF FARMINGTON

The La Crosse County Planning, Resources and Development Committee, having considered the application filed by: Chad Vandenlangenberg, GIS Specialist/Enforcement Officer La Crosse County Zoning, Planning and Land Information Department 400 4^th ST N – Room 3170 La Crosse WI 54601 and having held a public hearing on the 4^th day of February, 2008 on a petition to terminate Conditional Use Permit No. 477 issued to Joel R. Jansky, W6094 County Rd T, Holmen WI 54636 and passed by the County Board on August 19, 1999 to operate an antique restoration and cabinet-making business, on land zoned Agricultural District “A” in the Town of Farmington. Reason for terminating – the permit was never utilized and building never constructed. Land described as: Part of the SW¼ -NW ¼ and part of the NW¼ -SW¼ in Section 10, T 18 N, R 7 W described in tax parcel number 5-1403-1. Town of Farmington. 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: Terminate. By a vote of 6 in favor, 1 excused – Keil, the Committee recommended termination of this Conditional Use Permit based on a voluntary request indicating the property has not been used for this purpose for a period in excess of 12 consecutive months. The County Board took the following action this 21^st day of February, 2008: Approved termination.

Motion by Hammes/Burke to approve the termination as recommended by the Committee passed on a unanimous voice vote with 5 excused – Gillett, Maney, Keil, Fisher and Berns and 1 absent – Schippers.

TERMINATION OF CONDITIONAL USE PERMIT NO. 488: TERMINATION NO. 11 FILED BY CHAD VANDENLANGENBERG, GIS SPECIALIST/ENFORCEMENT OFFICER ISSUED TO GERALD B. ELLIOTT TO PROCESS DEER IN THE TOWN OF CAMPBELL

The La Crosse County Planning, Resources and Development Committee, having considered the application filed by: Chad Vandenlangenberg, GIS Specialist/Enforcement Officer La Crosse County Zoning, Planning and Land Information Department 400 4^th ST N – Room 3170 La Crosse WI 54601 and having held a public hearing on the 4th day of February, 2008 on a petition to terminate Conditional Use Permit No. 488 issued to Gerald B. Elliott, 134 Walnut St, La Crosse WI 54603, and passed by the County Board on November 9, 1999 to process deer during the months of October and November from an existing garage at 1737 Walnut Street, La Crosse WI 54603, on land zoned Residential District “A” in the Town of Campbell. Reason for terminating – the owners have indicated the business has not operated in the past 12 months. Land described as: Part of Government Lots 7 and 8 in Section 19, T 16 N, R 7 W as described in tax parcel number 4-680-0. Town of Campbell. 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: Terminate. By a vote of 6 in favor, 1 excused – Keil, the Committee recommended termination of this Conditional Use Permit based on a voluntary request indicating the property has not been used for this purpose for a period in excess of 12 consecutive months. The County Board took the following action this 21^st day of February, 2008: Approved termination.

Motion by Hammes/Geary to approve the termination as recommended by the Committee passed on a unanimous voice vote with 5 excused – Gillett, Maney, Keil, Fisher and Berns and 1 absent – Schippers.

TERMINATION OF CONDITIONAL USE PERMIT NO. 170: TERMINATION NO. 12 FILED BY CHAD VANDENLANGENBERG, GIS SPECIALIST/ENFORCEMENT OFFICER ISSUED TO DOUGLAS KRAFT TO OPERATE AN AUTO REPAIR BUSINESS IN THE TOWN OF HOLLAND

The La Crosse County Planning, Resources and Development Committee, having considered the application filed by: Chad Vandenlangenberg, GIS Specialist/Enforcement Officer La Crosse County Zoning, Planning And Land Information Department 400 4^th St N – Room 3170 La Crosse WI 54601 and having held a public hearing on the 4th day of February, 2008 on a petition to terminate Conditional Use Permit No. 170 issued to Douglas Kraft, N6772 Briggs Rd, Holmen WI 54636 and passed by the County Board on August 17, 1989 for No. 170, on December 15, 1994 for No. 320 and on July 15, 1999 for No. 471 to operate an auto repair business, on land zoned Agricultural District “A” in the Town of Holland. Reason for terminating – property has been transferred to new owners and permit and business have not been utilized for 12 consecutive months. Land described as: Lots 1 and 2 of Certified Survey Map No. 156, Volume 8. 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: Terminate. By a vote of 6 in favor, 1 excused – Keil, the Committee recommended termination of this Conditional Use Permit based on a voluntary request indicating the property has not been used for this purpose for a period in excess of 12 consecutive months. The County Board took the following action this 21^st day of February, 2008: Approved termination.

Motion by Hammes/Meyer to approve the termination as recommended by the Committee passed on a unanimous voice vote with 5 excused – Gillett, Maney, Keil, Fisher and Berns and 1 absent – Schippers.

TERMINATION OF CONDITIONAL USE PERMIT NO. 320: TERMINATION NO. 12 FILED BY CHAD VANDENLANGENBERG, GIS SPECIALIST/ENFORCEMENT OFFICER ISSUED TO DOUGLAS KRAFT TO OPERATE AN AUTO REPAIR BUSINESS IN THE TOWN OF HOLLAND

The La Crosse County Planning, Resources and Development Committee, having considered the application filed by: Chad Vandenlangenberg, GIS Specialist/Enforcement Officer La Crosse County Zoning, Planning And Land Information Department 400 4^th St N – Room 3170 La Crosse WI 54601 and having held a public hearing on the 4th day of February, 2008 on a petition to terminate Conditional Use Permit No. 320 issued to Douglas Kraft, N6772 Briggs Rd, Holmen WI 54636 and passed by the County Board on August 17, 1989 for No. 170, on December 15, 1994 for No. 320 and on July 15, 1999 for No. 471 to operate an auto repair business, on land zoned Agricultural District “A” in the Town of Holland. Reason for terminating – property has been transferred to new owners and permit and business have not been utilized for 12 consecutive months. Land described as: Lots 1 and 2 of Certified Survey Map No. 156, Volume 8. 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: Terminate. By a vote of 6 in favor, 1 excused – Keil, the Committee recommended termination of this Conditional Use Permit based on a voluntary request indicating the property has not been used for this purpose for a period in excess of 12 consecutive months. The County Board took the following action this 21^st day of February, 2008: Approved termination.

TERMINATION OF CONDITIONAL USE PERMIT NO. 471: TERMINATION NO. 12 FILED BY CHAD VANDENLANGENBERG, GIS SPECIALIST/ENFORCEMENT OFFICER ISSUED TO DOUGLAS KRAFT TO OPERATE AN AUTO REPAIR BUSINESS IN THE TOWN OF HOLLAND

The La Crosse County Planning, Resources and Development Committee, having considered the application filed by: Chad Vandenlangenberg, GIS Specialist/Enforcement Officer La Crosse County Zoning, Planning And Land Information Department 400 4^th St N – Room 3170 La Crosse WI 54601 and having held a public hearing on the 4th day of February, 2008 on a petition to terminate Conditional Use Permit No. 471 issued to Douglas Kraft, N6772 Briggs Rd, Holmen WI 54636 and passed by the County Board on August 17, 1989 for No. 170, on December 15, 1994 for No. 320 and on July 15, 1999 for No. 471 to operate an auto repair business, on land zoned Agricultural District “A” in the Town of Holland. Reason for terminating – property has been transferred to new owners and permit and business have not been utilized for 12 consecutive months. Land described as: Lots 1 and 2 of Certified Survey Map No. 156, Volume 8. 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: Terminate. By a vote of 6 in favor, 1 excused – Keil, the Committee recommended termination of this Conditional Use Permit based on a voluntary request indicating the property has not been used for this purpose for a period in excess of 12 consecutive months. The County Board took the following action this 21^st day of February, 2008: Approved termination.

TERMINATION OF CONDITIONAL USE PERMIT NO. 590: TERMINATION NO. 13 FILED BY CHAD VANDENLANGENBERG, GIS SPECIALIST/ENFORCEMENT OFFICER ISSUED TO ED AND CINDY BROER D/B/A TERRA DESIGN LANDSCAPING ON BEHALF OF JOAN BAHR TRUST TO OPERATE A LANDSCAPING BUSINESS AND CONTRACTORS’ STORAGE YARD IN THE TOWN OF GREENFIELD

The La Crosse County Planning, Resources and Development Committee, having considered the application filed by: Chad Vandenlangenberg, GIS Specialist/Enforcement Officer La Crosse County Zoning, Planning and Land Information Department 400 4^th St N – Room 3170 La Crosse WI 54601 and having held a public hearing on the 4th day of February, 2008 on a petition to terminate Conditional Use Permit No. 590 issued to Ed and Cindy Broer, d/b/a Terra Design Landscaping, N1196 County Rd M, Coon Valley WI 54623; on behalf of Joan Bahr Trust, 910 Pike Dr, Mansfield OH 44903, and passed by The County Board on July 18, 2002 to operate a landscaping business and contractors’ storage yard, on land zoned Exclusive Agricultural District in the Town of Greenfield. Reason for terminating – Broers’ indicate they have not operated a business for over 12 consecutive months. Land described as: Lot 1 and Outlot 1 of Certified Survey Map No. 99, Volume 10. Town of Greenfield. 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: Terminate. By a vote of 6 in favor, 1 excused – Keil, the Committee recommended termination of this Conditional Use Permit based on a voluntary request indicating the property has not been used for this purpose for a period in excess of 12 consecutive months. The County Board took the following action this 21^st day of February, 2008: Approved termination.

Motion by Hammes/Bina to approve the termination as recommended by the Committee passed on a unanimous voice vote with 5 excused – Gillett, Maney, Keil, Fisher and Berns and 1 absent – Schippers.

RESOLUTION #92-2/08 RE: APPROVAL OF MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN OF HAMILTON, VILLAGE OF WEST SALEM, CITY OF ONALASKA AND LA CROSSE COUNTY REGARDING INTERGOVERNMENTAL COOPERATION/LAND USE PLANNING

WHEREAS, an ad-hoc committee has been formed to draft a cooperative boundary agreement in that portion of the Town of Hamilton (Town), one section wide north/ south, immediately adjacent to and divided evenly by State Highway 16; bounded west and east by the City of Onalaska (City) and Village of West Salem (Village), as further described in Exhibit “A”; and, WHEREAS, the planning area described above is under the authority of La Crosse County (County) for various Land Use regulations; and, WHEREAS, the ad-hoc committee has prepared a Memorandum of Understanding (MOU) between the Town, Village, City, and County, attached as Exhibit B; and, WHEREAS, the Town, Village, City, and County intend to continue to participate in the joint Boundary Agreement Committee, and work toward the preparation of a cooperative boundary agreement under the provisions of Wis. Stats. s.66.0307; and, WHEREAS, Town, Village, City, and County will support joint planning efforts to prepare a detailed corridor plan for the area described in “Exhibit A”; and, WHEREAS, Town, Village, City, and County will participate in public planning process facilitated by the Wisconsin DOT for redevelopment of State Highway 16; and WHEREAS, Town, Village, City, and County will work together to draft standards for development in this corridor, and will not make decisions without the written consent of the other parties to this MOU on proposed annexations, rezonings, conditional use permits, or subdivision requests in this area until these standards are complete and that the proposed requests are shown to meet the standards as drafted; NOW, THEREFORE BE IT RESOLVED that the La Crosse County Board does hereby approve the MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN OF HAMILTON, VILLAGE OF WEST SALEM, CITY OF ONALASKA, AND LA CROSSE COUNTY REGARDING INTERGOVERNMENTAL COOPERATION/LAND USE PLANNING dated December 11, 2007 and authorizes the County Board Chair and County Clerk to sign the Memorandum after approval of Corporation Counsel. BE IT FURTHER RESOLVED, that the La Crosse County Board does hereby authorize the participation of La Crosse County in the preparation of the cooperative plan.

FISCAL NOTE: There is no fiscal effect and current staff will work with the ad-hoc committee.

Motion by Hammes/Rauk to approve. Discussion ensued. County Planner Charlie Handy spoke to the resolution and responded to questions from the Board. Motion by Ebert/Bina to refer for 30 days. Discussion on the referral ensued. The motion to refer failed on a roll call vote with 8 ayes and 21 nays with 5 excused – Gillett, Maney, Keil, Fisher and Berns and 1 absent – Schippers. Those voting nay on the referral were Plesha, Geary, Sebranek, Hampson, Wood, Billings, L. Pfaff, Belzer, Gamroth, Freedland, Medinger, Rauk, Montgomery, Meyer, T. Johnson, Burke, Doyle, Hammes, Spiker, Bilskemper and B. Pfaff. The motion to approve passed on a voice vote with 25 ayes and 4 nays – Bina, Hanson, Ebert and Schroeder with 5 excused – Gillett, Maney, Keil, Fisher and Berns and 1 absent – Schippers.

WHEREAS, the Town of Burns Cemetery Association has caused to be platted the Third Addition to Burns Cemetery located in the NE ¼ - SW ¼ and NW ¼ - SE ¼ of Section 29, Township 17 North, Range 5 West, Town of Burns; and, WHEREAS, pursuant to s.157.07, Wis. Stats., the County Board of Supervisors are required to approve said cemetery plat before it can be duly recorded in the Office of the Register of Deeds. NOW THEREFORE BE IT RESOLVED, that the La Crosse County Board of Supervisors hereby approves the Third Addition to Burns Cemetery, Town of Burns, La Crosse County, WI.

Motion by Hammes/Burke to approve passed on a unanimous voice vote with 5 excused – Gillett, Maney, Keil, Fisher and Berns and 1 absent – Schippers.

RESOLUTION #94-2/08 RE: AUTHORIZATION TO PURCHASE TWO DISHWASHERS AND TRANSFER FUNDS FROM AGING UNDESIGNATED FUND BALANCE

WHEREAS, the Elderly Nutrition program currently serves an average of 55 meals per day at the Southside Senior Center and 35 meals per day at Becker Plaza; and, WHEREAS, dishwashers are needed at these sites to facilitate the cleaning process and to ensure that the dishes are properly sanitized; and, WHEREAS, the City of La Crosse is in the process of remodeling the Southside Senior Center, making it an opportune time to install a dishwasher at this site; and, WHEREAS, the dishwasher at Becker Plaza is 25 years old and in need of repairs estimated to cost more than $1000; and, WHEREAS, it would seem to be more cost beneficial to purchase a new dishwasher for Becker Plaza rather than repair the existing unit; and, WHEREAS, the estimated cost to purchase and install new commercial dishwashers is $3,600 per site for a total of $7,200. WHEREAS, funds for this purchase were not included in the 2008 budget, but are available in the Aging Department’s Undesignated Fund balance. NOW THEREFORE BE IT RESOLVED, that the Purchasing Manager is authorized to purchase commercial dishwashers for Southside Senior Center and Becker Plaza at a total cost not to exceed $7,200. BE IT FURTHER RESOLVED, that the La Crosse County Finance Department is hereby authorized to transfer funds from Aging’s Undesignated Fund Balance to the Other Capital Equipment Account #7001-86050 within the Aging Budget to cover the cost of this purchase.

FISCAL NOTE: Aging’s Undesignated Fund Balance as of 12/31/2006 was $394,845. The anticipated fund balance at year-end 2007 is anticipated to be approximately $390,000.

Motion by Plesha/Ehrsam to approve passed on a unanimous voice vote with 5 excused – Gillett, Maney, Keil, Fisher and Berns and 1 absent – Schippers.

RESOLUTION #95-2/08 RE: RESOLUTION IN SUPPORT OF CITY OF LA CROSSE AND DOWNTOWN MAINSTREET INC. JOINT APPLICATION TO THE STATE OF WISCONSIN PROGRAM FOR DESIGNATION AS A MAIN STREET COMMUNITY

WHEREAS, Downtown La Crosse has enjoyed a renaissance that has led to numerous awards and recognitions including the 2002 Great American Main Street Award through the National Trust for Historic Preservation; and WHEREAS, as noted through the numerous plans and reports and meetings with merchants about Downtown La Crosse, there is still much more work to be done in order to maintain and enhance Downtown La Crosse as a place to work, live, shop and play; and WHEREAS, the State of Wisconsin’s Main Street designation brings with it technical assistance including volunteer and program manager training, advanced training on specific downtown issues, such as marketing, business recruitment, volunteer development, and historic preservation, on-site visits to help each community develop its strengths and plan for success, on-site design consultations, and on-site small business consultations; and WHEREAS, the Main Street programs focus on organization, design, promotion and economic restructuring is critical to the future of Downtown La Crosse; and WHEREAS, in order to access this assistance and expertise, Downtown La Crosse must be designated by the State of Wisconsin as a Main Street community through an application process which is due February 28, 2008. NOW THEREFORE BE IT RESOLVED, that the La Crosse County Board of Supervisors hereby endorses the City of La Crosse and Downtown Mainstreet Inc. submitting a joint application to the State of Wisconsin’s Main Street program for designation as a Main Street community. BE IT FURTHER RESOLVED, that La Crosse County commits to the continued support of Downtown La Crosse including staff assistance and consistent with our 2008 Budget, pledges up to $2,500 in annual funding for three years to Downtown Mainstreet, Inc.

FISCAL NOTE: The 2008 budget includes $2,500 for this purpose in the Economic Development budget.

Motion by T. Johnson/Plesha to approve. Discussion ensued. The motion to approve passed on a unanimous voice vote with 5 excused – Gillett, Maney, Keil, Fisher and Berns and 1 absent – Schippers.

WHEREAS, the La Crosse County Library was reorganized in 1923 as a county library; and, WHEREAS, the County Library operates library services in the following municipalities: Village of Bangor, Town of Campbell, Village of Holmen, City of Onalaska, and Village of West Salem; and, WHEREAS, the State has requested clarification on the establishment of the County Library as a consolidated county library under Wis. Stat., s. 43.57(1); and, WHEREAS, as a consolidated county library, the Library Board shall maintain a gift, bequest or endowment for the benefit of the library to which it was given; and, WHEREAS, a consolidated county library may become a part of a federated multicounty system organized under Wis. Stat. s. 43.19; and, WHEREAS, a consolidated county library may contract with library organizations within this state or in adjacent states to provide or receive library services; and, WHEREAS, the Library Board recommends that the La Crosse County Library be acknowledged as a consolidated county library pursuant to Wis. Stat. s. 43.57(1). NOW THEREFORE BE IT RESOLVED, that the La Crosse County Board does hereby approve that the La Crosse County Library has been established and maintained as a consolidated county library for La Crosse County pursuant to Wis. Stat. s. 43.57(1) together with all the powers vested in a consolidated county library as provided by Wisconsin Statutes.

Motion by T. Johnson/Wood to approve passed on a unanimous voice vote with 5 excused – Gillett, Maney, Keil, Fisher and Berns and 1 absent – Schippers.

WHEREAS, the Information Technology Department has undergone significant changes and the role of the department has changed to meet the current needs of County departments, so that it is appropriate now to consider a plan of reorganization in light of those changes; and, WHEREAS, a reorganization has been necessitated in part by several retirements and staff turnovers leaving gaps in experience, but also the ability to realign staff and functions to better meet the needs of customer departments and recent major projects make it necessary that the department have staff with skills and abilities to address the pressing work demands for 2008 and beyond; and WHEREAS, the reorganization will better align positions with work tasks and job functions and provide a structure better equipped to serve the County’s computer needs and deal with future computer service issues in the departments, some of which are undergoing major changes; NOW, THEREFORE BE IT RESOLVED, that the Plan of Reorganization for the Information Technology Department, which is attached hereto and made a part hereof, be adopted as the future organization of the Information Technology Department of La Crosse County, to be implemented as indicated in the Plan of Reorganization; and BE IT FURTHER RESOLVED, that the Personnel Department and the Finance Department are authorized and directed to take such action as is necessary to carry out the Plan of Reorganization.

FISCAL NOTE: This reorganization is budget neutral, and results in the expenditure of $1102 less than budgeted.

Motion by T. Johnson/Richmond to approve passed on a unanimous voice vote with 5 excused – Gillett, Maney, Keil, Fisher and Berns and 1 absent – Schippers.

WHEREAS, the following employees have been a faithful part in providing “The Best of Public Service” to La Crosse County:

WHEREAS, it is the wish of the County Board of Supervisors to acknowledge long and faithful service on behalf of the citizens of La Crosse County. NOW, THEREFORE BE IT RESOLVED, that a resolution extending our congratulations be recorded in La Crosse County Board Proceedings and a certificate of our actions be presented as an expression of our gratitude.

Motion by T. Johnson/Ehrsam to approve passed on a unanimous voice vote with 5 excused – Gillett, Maney, Keil, Fisher and Berns and 1 absent – Schippers.

RESOLUTION #99-2/08 RE: APPROVAL OF LA CROSSE COUNTY POST-RETIREMENT SICK LEAVE & VACATION PAY CONVERSION MEDICAL REIMBURSEMENT PLAN & POST RETIREMENT INCURRED MEDICAL EXPENSE PRIME TRUST

WHEREAS, the purpose of the “La Crosse County Post-Retirement Sick Leave and Vacation Pay Conversion Medical Reimbursement Plan” (the “Plan”) is to provide for the mandatory conversion of the accumulated sick leave and/or vacation pay of certain retiring employees of the County into supplemental retirement income benefits and/or post-retirement medical expense reimbursements for such participant after retirement from La Crosse County; and, WHEREAS, the “La Crosse County PRIME Medical Expense Trust” (the “Trust”) shall be used to provide reimbursement to an eligible participant for expenses incurred by the participant for medical care for the participant, the participant’s legal spouse and the participant’s dependents; and, WHEREAS, the participant’s who are eligible for the Plan and the Trust are those employees of La Crosse County, except those employees specifically excluded under any collective bargaining agreement or employment policy, that have retired from the County after January 1, 2008 through normal, early, or disability retirement as provided by the Wisconsin’s Retirement System; and, WHEREAS, upon a participant’s retirement, the accumulated sick leave, vacation pay, and/or other benefits of such participant as determined under the sick leave and vacation pay policies and labor agreements applicable to such participant shall be converted into a specific amount of benefit dollars; and, WHEREAS, the benefit dollars as so determined shall be provided to the funding of the benefit plans selected by the County for such participant after his or her retirement; and, WHEREAS, participants may receive benefit payments beginning with the employer’s mandatory contributions to the participant’s account under the Plan upon participant’s retirement; and, WHEREAS, Precision Retirement Group, Inc. and Pelion Benefits, Inc. shall provide consulting services and sample documents to assist La Crosse County in establishing the Plan. NOW THEREFORE BE IT RESOLVED, that the La Crosse County Board adopts the “La Crosse County Post-Retirement Sick Leave and Vacation Pay Conversion Medical Reimbursement Plan” and the “La Crosse County PRIME Medical Expense Trust” to cover the employees of La Crosse County on or after the effective date of January 1, 2008 except those employees specifically excluded under any collective bargaining agreement or employment policy. BE IT FURTHER RESOLVED, that the trustee(s) under the Plan are the following: Pelion Benefits, Inc. 1414 Raleigh Road, Suite 405, Chapel Hill, NC 27517. BE IT FURTHER RESOLVED, that the County Board Chair is authorized and directed to execute any and all documents and do any and all acts which may be necessary in connection with the adoption, maintenance and ongoing funding of the Plan and the Trust after approval of Corporation Counsel. BE IT FURTHER RESOLVED, that the County Board Chair and County Administrator are authorized and directed to retain any service providers they believe necessary or desirable in connection with the Plan.

FISCAL NOTE: No cost to the County. All administration fees are paid by the retiree from their investment account.

Motion by T. Johnson/Hammes to approve. Discussion ensued. Personnel Director Robert Taunt responded to questions from the Board. The motion to approve passed on a unanimous voice vote with 5 excused – Gillett, Maney, Keil, Fisher and Berns and 1 absent – Schippers.

ORDINANCE # 57-2/08 TO AMEND CHAPTER 3 ENTITLED “PERSONNEL ADMINISTRATIVE RULES” OF THE GENERAL CODE OF LA CROSSE COUNTY, WISCONSIN

The County Board of Supervisors of the County of La Crosse does ordain as follows:

Section 1. Chapter 3 entitled “Personnel Administrative Rules” is amended to read:

3.01 PURPOSE. The purpose of this chapter is to establish a consistent and fair administration of County personnel procedures.

3.02 APPLICABILITY. This chapter shall apply to all County employees receiving remuneration from the County, except employees currently covered by an existing labor agreement, a separate employment agreement, or when State Statute has precedence; provided where no existing agreement or statute applies; then this chapter shall prevail.

3.03 AMENDMENTS. Amendments to this chapter shall be by ordinance of the County Board in accordance with the rules thereof.

1. The County Administrator may approve replacement of budgeted positions upon the recommendation of the Personnel Director.

1. The Personnel Director and County Administrator may recommend hiring additional staff where there is an existing County job classification and title if the position is:

3. County Board approval is required pursuant to s. 2.02(11)(a)3 of this Code if the position is not fully funded

2. The Executive Committee and County Board may approve the hiring of staff for new positions pursuant to s. 2.02(11)(a)3.

1. The Department Head shall provide the Personnel Director with written justification for the need to replace absent staff with temporary services.

2. The Personnel Director may approve the use of temporary staff if justified by the Department Head.

3. After approval, the Personnel Department will assist departments in securing temporary services.

(a) Notice of Vacant Position. Recruitment for vacant positions shall be done by public notification through newspaper advertising, State Job Service or such other means as may be provided for a particular department. All public notices shall indicate the job title, salary information and the necessary qualifications and shall include applicable non-discrimination terminology and may indicate the closing date for filing applications.

1. The County Administrator shall be a resident of La Crosse County and the Deputy County Administrators shall be residents of the State of Wisconsin within 6 months after date of hire. Deputy Sheriffs and other sworn law enforcement officers appointed pursuant to s. 59.26(1), Wis. Stats., are required to be residents of the State of Wisconsin. There shall be no other residency requirements except where required by state statute.

2. If residency for a position is mandated by the previous section, then the advertisement to fill a vacancy in that position shall contain the residency requirement.

(c) Special Qualifications. Special qualifications for any particular classification shall be established by the hiring authority and the Personnel Director prior to initiating recruitment. The guidelines for such qualifications shall be established by the adoption of a formal job description.

(a) Qualification testing shall be fair and impartial and open and accessible to all qualified applicants. The Personnel Director shall determine what examinations are necessary and appropriate to test for skills, knowledge and qualifications utilizing whatever resources are deemed appropriate. Provision shall be made wherever possible to provide for culturally fair examinations, so as not to unduly exclude those applicants who have been deprived of adequate educational and economic opportunities through no fault of their own.

(b) All applicants shall be properly certified for the hiring authority. All applicants shall be entitled to know the results of their examination.

(a) Required Pre-employment. Applicants may be required to submit to physical agility testing which is directly related to the essential functions of the position applied for and applicants may be required to submit to drug testing.

(b) Required Post-employment. All employees shall complete a physical screening after hire in accordance with the procedures established by the Personnel Director. For specified positions designated in advance, the County may require physical examination and testing, after a conditional offer of employment, where the essential job functions require physical conditioning, effort or ability. Physical examination and testing shall be at County expense after which a determination shall be made as to fitness for duty. All such physical screenings shall be completed within 30 days of employment.

NAME	DEPARTMENT	YEARS
Shirley M. Kobs	Hillview Health Care Center	35+
Mary G. Hennen	Hillview Health Care Center	33+
Michael B. Stetzer	Highway Department	31+
Robert A. Achterkirch	Highway Department	20+
Rita M. Stephan	Hillview Health Care Center	18+
Barbara K. Olson	Information Technology Department	12+