LA CROSSE COUNTY BOARD PROCEEDINGS

MONTHLY MEETING

THURSDAY, JULY 17, 2008

The La Crosse County Board of Supervisors Monthly Meeting was held on July 17, 2008 in the Administrative Center, Room B410.  Vice Chair Tara Johnson called the meeting to order at 9:00 a.m.  County Clerk Marion I. Naegle took attendance.  All supervisors were present except as noted:

PLEDGE OF ALLEGIANCE

COUNTY BOARD CHAIR REPORT – Vice Chair Tara Johnson

·          Conference Reports

o   Supervisor Hampson - Legal Preparedness for Obesity Prevention and Control.  This National Summit was attended by public health organizations, universities and legislators.  She summarized a two page report with the aid of a power point that demonstrated how obesity has become an epidemic, thus requiring that we take a population view rather than think of it as individual choice.  National action plans were discussed that could include regulations governing schools, day cares, employers, health insurers, food marketers and zoning officials.  Further information can be found on the CDC (Centers for Disease Control) web site.

o   Supervisor Schroeder – Disposal System Meeting.  The La Crosse County 19^th Annual Disposal System Meeting was held at the La Crosse Center.  A report from Xcel Energy noted in part that their stack pollutants are at the lowest level ever.  Speakers included our Solid Waste Director Brian Tippetts, Tina Ball of Xcel Energy and the featured speaker, Jeremy O’Brien, P.E., Director of Applied Research, SWANA.

·          Announcement

Supervisor Schroeder - Freedom Honor Flight Inc.  The new La Crosse-based affiliate of the national Honor Flight Network is chartering an airplane to take World War II veterans who are within a 120 mile radius of La Crosse to see the National World War II Memorial in Washington, D.C.  Because these veterans are leaving at the rate of over 1,000 a day, the 1^st flight is scheduled for October 8, 2008.  The group is in need of sponsors and donations.  Veterans and volunteers can contact Schroeder for assistance, brochures, application forms and so on.  Further information can be found on the internet at: www.freedomhonorflight.org

·          Conference Report

o   Supervisor Sebranek – ITBEC.  At the one day retreat held in Tomah in June they decided they were trying to do too many things at one time, so it was decided they would address one thing at  a time by order of importance.  August 5-6 La Crosse representatives will go to Lac De Flambeau where the featured speaker will be a professor from the University of River Falls.  Representatives from Wisconsin, Minnesota and Canada will attend the conference September 11 – 12 in Duluth .

·          Carey Report:  Vice Chair T. Johnson announced that a Carey Report has been printed for the new Supervisors who did not get one previously, and can be picked up after the meeting.

·          La Crosse Interstate Fair:  Supervisor Bina reminded the Supervisors that the Fair is in session Wednesday through Sunday and there will be many activities and interesting events, including the horse pull, races, 4-H kids livestock sales, etc.  Entry and parking is free.  Vice Chair T. Johnson announced that Chair Doyle will be representing La Crosse County in a goat milking contest on Friday evening; his motto “We milk goats, not taxpayers!” elicited the expected smiles & groans from the Board.

·          Wisconsin Counties Association Conference:  Anyone wishing to attend the WCA Conference must contact Cheryl in the County Board’s office before September 5, 2008.

COUNTY ADMINISTRATOR REPORT – Deputy County Administrator Gary Ingvalson presented Administrator O’Malley’s report who is on his annual Habitat for Humanity bike ride this week.

·          Funeral Fraud – Each supervisor was given an explanatory memo drafted by La Crosse County Human Services Economic Support staff.  Tom Miller from Economic Support and Corporation Counsel Bill Shepherd responded to questions from the Board.  This investigation and plea bargain was handled entirely by the Department of Justice, not by La Crosse County.  Of the $55,000 repaid, only $5,000 of it was reimbursement to the County.

·          Park Plaza – Ingvalson read the following update from Administrator O’Malley:  “Under the direction of the City redevelopment authority, the City has been working on the Terms for a Developers Agreement with Progressive Designs, LLC of Madison.  The agreement will define the estimated market value and type of structures to be completed in the development, along with the required steps of due diligence by the developer including specific timelines.  Other issues being addressed include the use of TIF, the effect on surrounding land owners and other specific steps necessary to protect the City and County.  The County Board Chair and Administrator will be meeting with the Mayor and City Planner later this month to get a more detailed update on the terms of this agreement.  In particular, we need to communicate that the County is not satisfied with the lack of progress on developing Park Plaza and as a result may need to reconsider any and all steps to move this process forward by taking a more active role in marketing the vacant County land to any interested party.”  This information was followed by discussion.  Supervisor Kader, who is involved in the issue as a City of La Crosse Council Member, responded to questions from the Board.

CORPORATION COUNSEL REPORT – William Shepherd

·          Attendance and Quorums – When researching the rules on this matter he refers to State Statutes, La Crosse County Code and Roberts Rules of Order.  He referred to and clarified the open meetings law and the importance of a quorum.  If a Committee is called to order without a quorum present, the only thing they can do is recess until enough members arrive or reschedule the meeting and adjourn.  Even if no action is taken, nothing can be discussed until a quorum is present.  When the County Board Chair is informed of absences ahead of time, he has the opportunity and authority to appoint another Supervisor to attend or to attend himself and act as ex-officio member in order to meet the quorum requirement.  That is why it is so important for each elected committee member to advise either the County Clerk’s or the Chair’s office if they will be unable to attend the County Board meeting or any Committee meeting.  Discussion ensued and Shepherd responded to questions and comments from the Board.

CHAIR CHANGE:  Vice Chair T. Johnson yielded the Chair to Second Vice Chair Rauk.

APPOINTMENT:

Motion by T. Johnson/Burke to appoint Beverly Mach to fill the vacancy of Jason Gillett on the Historic Sites Preservation Commission for the balance of a 3-year term to expire December 31, 2008 passed on a unanimous voice vote with 3 excused – Kader, .L. Pfaff and Doyle

CHAIR CHANGE:  Vice Chair T. Johnson resumed the Chair.

CONSENT AGENDA

Motion by Plesha/Sebranek to approve the minutes of the County Board of Supervisors Monthly Meeting held June 19, 2008 and the County Board Planning Meeting held July 7, 2008 and the Claims List for $11,767,344.38.  Schroeder noted a clerical error in the 2^nd paragraph on the 2^nd page of the June 19, 2008 minutes; the last 2 sentences should be deleted.  The motion to approve the claims list and the minutes, as corrected, passed on a unanimous voice vote with 3 excused – Kader, L. Pfaff and Doyle.

ZONING ORDINANCE NO. Z186-7/08 RE:  PETITION NO. 1780 FILED BY DAVID HARTER, MARVIN GARDENS DEVELOPMENT LLC ON BEHALF OF DELORES M. STECK TO REZONE FROM EXCLUSIVE AGRICULTURAL DISTRICT TO RESIDENTIAL DISTRICT “A” IN THE TOWN OF ONALASKA

The La Crosse County Planning, Resources and Development Committee, having considered Petition No. 1780 to amend the La Crosse County Zoning Ordinance filed by:  David Harter, Marvin Gardens Development LLC W5726 Koss Rd Onalaska WI 54650; on behalf of Delores M. Steck N5592 Hauser Rd Onalaska WI 54650 and having held a public hearing on the 2^nd day of June, 2008 to rezone from Exclusive Agricultural District  to Residential District “A” the following described land in the Town(s) of Onalaska.  The North 6 acres of the NE-SW and that part of the SE-NW lying southerly of a tributary to Sand Lake Creek, all in Section 27, T 17 N, R 7 W.  Town of Onalaska.  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 as Residential District “A” Zoning.  By a vote of 6 in favor, 1 excused (Manthei), the Committee recommended approval of this petition to Residential District “A” Zoning.  (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 17^th day of July, 2008:  Approved the petition as submitted, becomes an ordinance.

PLANNING, RESOURCES AND DEVELOPMENT COMMITTEE

Motion by Meyer/Keil to approve as recommended by the Committee passed on a unanimous voice vote with 3 excused – Kader, L. Pfaff and Doyle.

DENIED PETITION

PETITION NO. 1783 FILED BY DONALD K. AND DORIE J. EARLEY TO REZONE FROM TRANSITIONAL AGRICULTURAL DISTRICT TO AGRICULTURAL DISTRICT “A” IN THE TOWN OF GREENFIELD

The La Crosse County Planning, Resources and Development Committee, having considered Petition No. 1783 to amend the La Crosse County Zoning Ordinance filed by:  Donald K. and Dorie J. Earley PO Box 2226 La Crosse WI 54602-2226 and having held a public hearing on the 30^th day of June, 2008 to rezone from Transitional Agricultural District to Agricultural District “A” the following described land in the Town(s) of Greenfield.  Lot 1 of Certified Survey Map No. 97 in Volume 12.  Town of Greenfield.  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:  Deny.  By a vote of 6 to deny the petition, 1 excused (Manthei), the Committee recommended denial of this petition based on the County Board previously approving Zoning Petition No. 1659 and this parcel for a single-family residence only.  (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 17^th day of July, 2008:  Denied the petition, (no ordinance is adopted).

PLANNING, RESOURCES AND DEVELOPMENT COMMITTEE

Motion by Meyer/Rauk to deny as recommended by the Committee.  Discussion ensued.  Zoning, Planning and Land Information Director Bluske gave some history on the situation and responded to questions from the Board.  The motion to deny passed on a voice vote with 30 ayes, 1 nay – Erickson and 1 absent at voting – Hampson with 3 excused – Kader, L. Pfaff and Doyle.

ZONING ORDINANCE NO. Z187-7/08 RE:  PETITION NO. 1784 FILED BY GEORGE H. AND MARILYN M. SKILBRED TO REZONE FROM EXCLUSIVE AGRICULTURAL DISTRICT TO RESIDENTIAL DISTRICT “A” IN THE TOWN OF HOLLAND

The La Crosse County Planning, Resources and Development Committee, having considered Petition No. 1784 to amend the La Crosse County Zoning Ordinance filed by:  George H. and Marilyn M. Skilbred W6529 Casberg Coulee Rd Holmen WI 54636 and having held a public hearing on the 30^th day of June, 2008 to rezone from Exclusive Agricultural District to Agricultural District “A” the following described land in the Town(s) of Holland.  Part of the Fractional NE-NE of Section 5, T 17 N, R 5 W described in tax parcels 8-5-1 and 8-5-3.  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 as Conditional Residential District “A.”  By a vote of 6 in favor, 1 excused (Manthei), the Committee recommended approval as Conditional Residential District “A” zoning, subject to the recording of deed restrictions indicating these 2 parcels can each have a single-family home on them and cannot be further subdivided.  Also an easement must be recorded granting the most easterly parcel an easement over the most westerly parcel.  (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 17^th day of July, 2008:  Approved the petition with conditions, becomes an ordinance, after recording conditions.

PLANNING, RESOURCES AND DEVELOPMENT COMMITTEE

Motion by Meyer/Richmond to approve as recommended by the Committee passed on a unanimous voice vote with 3 excused – Kader, L. Pfaff and Doyle.

ZONING ORDINANCE NO. Z188-7/08 RE:  PETITION NO. 1785 FILED BY JAMES A. FRENG TO REZONE FROM EXCLUSIVE AGRICULTURAL DISTRICT TO AGRICULTURAL DISTRICT “A” IN THE TOWN OF FARMINGTON

The La Crosse County Planning, Resources and Development Committee, having considered Petition No. 1785 filed by:  James A. Freng W3276 Amundson Coulee Rd Bangor WI 54614 and having held a public hearing on the 30^th day of June, 2008 to rezone from Exclusive Agricultural District to Agricultural District “A” the following described land in the Town(s) of Farmington.  Part of the SE-NE of Section 34; and, part of the SW-NW of Section 35, T 18 N, R 6 W described as:  Beginning at the W¼ corner of said Section 35; thence N89°42’59”W 482.00’ along the south line of the SE-NE of Section 34; thence N11°09’58”E, 520.00’; thence N63°32’08”E 584.11’; thence S57°31’43”E 265.81’; thence S54°49’27”E, 303.04’, to a point on the northeasterly extension of the northwesterly line of a parcel of land described in Volume 538 of La Crosse County Records, Page 714 and 715, also being the northeasterly extension of the southeasterly line of a parcel of land described in Volume 778 of La Crosse County Records, Page 508; thence S38°50’07”W 264.23’ along the northwesterly line of the parcel described in Volume 538, Page 714 and 715 and the northeasterly extension thereof; thence continuing along said northwesterly property line, S53°26’22”W 164.28’; thence continuing along said northwesterly property line, S61°47’12”W 321.00’, to the south line of the SW-NW of Section 35; thence 89°46’40”W 33.04’ along said south line, to the point of beginning.  Town of Farmington.  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 as Agricultural District “A” Zoning.  By a vote of 6 in favor, 1 excused (Manthei), the Committee recommended zoning approval of these lands to the Agricultural District “A.”  (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 17^th day of July, 2008:  Approved the petition as submitted, becomes an ordinance.

PLANNING, RESOURCES AND DEVELOPMENT COMMITTEE

Motion by Meyer/Schroeder to approve as recommended by the Committee passed on a unanimous voice vote with 3 excused – Kader, L. Pfaff and Doyle.

CONDITIONAL USE PERMIT NO. 780 FILED BY ROD SAXE C/O HEGG CONTRACTORS INC. ON BEHALF OF GARY AND PAMELA SCHOMBURG TO REMOVE BORROW MATERIALS TO BE USED ON A WISCONSIN DOT BRIDGE REPLACEMENT SITE ON STATE ROAD 162 IN THE TOWN OF BURNS

The La Crosse County Planning, Resources and Development Committee, having considered the application filed by:  Rod Saxe, C/O Hegg Contractors Inc., W16502 Snake Coulee Rd, Blair WI 54616; on behalf of Gary and Pamela Schomburg, W1334 Pierce Rd, Bangor WI 54614 and having held a public hearing on the 30^th day of June, 2008 for a Conditional Use Permit to remove approximately 2,500 cubic yards of borrow materials from an approximately 0.50-acre site, which site will be returned to an agricultural use where the borrow materials are used on a Wisconsin Department of Transportation bridge replacement site on State Road 162, borrow materials are on land that is zoned Exclusive Agricultural District in the Town of Burns on land described as:  a half-acre site being that part of the NE-NE of Section 9, T 17 N, R 5 W lying north of Anderson Coulee Road.  Town of Burns.  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 a vote of 6 in favor, 1 excused (Manthei), the Committee recommended approval of this Conditional Use Permit subject to the following 7 conditions:

1.      This permit is granted to remove approximately 2,500 cubic yards of borrow materials from a site owned by Gary and Pamela Schomburg in the NE-NE of Section 9, T 17 N, R 5 W. 

2.      This material can only be used for two bridge replacement site projects - federal ID # 7925-02-71.

3.      The disturbed area will be approximately one-half acre in size.

4.      Permit includes reclaiming the site for agricultural purposes when finished.

5.      This permit is only valid with an approved Erosion Control. Permit and DNR Solid Waste Permit for burial of concrete demolished from bridge site (if required).

6.      Hours of operation for Hegg Contractors Inc.:  7 am to 6 pm Monday through Friday and 7 am to noon on Saturday.

7.      This permit expires October 31, 2008.

Any deviation or alteration of the conditions set forth in this permit shall constitute a violation of the terms of this Conditional Use Permit and shall be subject to prosecution and penalties under the terms of this Ordinance.  A new public hearing and permit must be granted to extend or alter any of the conditions set forth herein.  The County Board took the following action this 17^th day of July, 2008:  Approved subject to conditions as outlined.

PLANNING, RESOURCES AND DEVELOPMENT COMMITTEE

Motion by Meyer/Brockmiller to approve as recommended by the Committee passed on a unanimous voice vote with 3 excused – Kader, L. Pfaff and Doyle.

RESOLUTION #27-7/08  RE:  IMPLEMENTATION OF MERGER OF THE PRINTING DEPT. WITH I.T. DEPT.

WHEREAS, technology has changed such that the County has fewer photocopy machines and more I.T. printing devices attached to the computer network; and, WHEREAS, the nature of printing all manner of material has become more dependent on digital and computer technology, which expands options to a very broad selection ; and, WHEREAS, it is desirable to merge the existing Printing and Information Technology departments to ensure coordination, cooperation, and the highest efficiency in all printing and copying as well as digital scanning and internet mailing options; and, WHEREAS, the merger of Union and Non-Union staff positions needs to be coordinated with the duties performed by staff as part of a unified department and a plan has been developed to accomplish the merger;  NOW THEREFORE BE IT RESOLVED, that the Summary Plan of Merger of the Printing Dept with the Information Technology Department, a copy of which is attached hereto and made a part hereof be adopted as the plan of re-organization.  BE IT FURTHER RESOLVED, that the County Administrator is authorized to approve Printing Department position reclassifications as deemed appropriate with new job responsibilities.  BE IT FURTHER RESOLVED, that the Personnel and the Finance Departments are authorized and directed to take such action as is necessary to carry out the intention of this resolution.

FISCAL NOTE:  Funding is available in General Fund Contingency Account 1063-79030.

EXECUTIVE COMMITTEE

Motion by Rauk/Wood to approve.  Discussion ensued.  Finance Director Ingvalson and Information Technology Director John Parshall responded to questions from the Board.  The motion passed on a voice vote with 31 ayes and 1 nay – Erickson with 3 excused – Kader, L. Pfaff and Doyle.

RESOLUTION #28-7/08  RE:  AUTHORIZATION TO OFFER AFLAC BENEFITS TO COUNTY EMPLOYEES    

WHEREAS, the County has received input from both Union and Non-Union regarding desired additional insurance benefits to protect employees and their families, at a time when the County is not financially able to expand benefits; and, WHEREAS, benefit programs are available through the American Family Life Assurance Company, known as AFLAC, which is a sole source provider pursuant to Sec. 4.11 (7) (g) of County ordinances, which company provides benefits only to company employees through payroll deduction; and, WHEREAS, AFLAC allows employees to select from a group of benefits and to pay only for those items desired and employees have the choice to cancel benefits when they deem prudent and all transactions are between the employee and AFLAC with no expense or enrollment administration incurred by the County other than setup of payroll deduction; and, WHEREAS, benefits selected may qualify for Section 125 pre-tax payroll deduction, which reduces the employee’s social security tax, thereby increasing buying power, while also saving the County the employer’s contribution to social security tax.  NOW THEREFORE BE IT RESOLVED, that American Family Life Assurance Company (AFLAC) is approved as a provider of supplemental insurance benefits to County Employees, as they may select, provided that the County shall incur no expense for employee benefits provided by AFLAC and provided that applicable Social Security credits shall apply to the County, and; BE IT FURTHER RESOLVED, that the Personnel and Finance Departments are authorized and directed to take such action necessary to carry out the intention of this resolution.

FISCAL NOTE: There is no expense associated with this resolution as employees will pay 100% of the cost of benefits they select.  There will be some administration in setting up a payroll deduction for AFLAC benefits but there will be a net saving to the County of the Social Security tax of 7.65% on all amounts paid by employees pre-tax for AFLAC benefits.

EXECUTIVE COMMITTEE

Motion by Rauk/Richmond to approve.  Discussion ensued.  Personnel Director Robert Taunt responded to questions from the Board.  The motion to approve passed on a voice vote with 31 ayes and 1 nay – Erickson with 3 excused – Kader, L. Pfaff and Doyle.

RESOLUTION #29-7/08  RE:  ACCEPTANCE OF CLIFTON GUNDERSON’S AUDIT REPORT ON LA CROSSE COUNTY’S 2007 COMPREHENSIVE ANNUAL FINANCIAL REPORT

WHEREAS, the audit firm of Clifton Gunderson & Co has recently completed their audit of the Financial Statements of La Crosse County for the year ended December 31, 2007; and, WHEREAS, the Financial Audit and Management Letter will be presented to the La Crosse County Board at their Planning Meeting on July 7, 2008.  NOW THEREFORE BE IT RESOLVED, that the La Crosse County Board hereby accepts the Financial Audit and Management Letter as presented for the 2007 fiscal year.

FISCAL NOTE:  Clifton Gunderson’s fee for 2007 audit services will not exceed $58,700.  Charges are allocated to several departments.

EXECUTIVE COMMITTEE

Motion by Rauk/Meyer to approve.  Discussion ensued.  The motion passed on a voice vote with 31 ayes and 1 nay - Erickson with 3 excused – Kader, L. Pfaff and Doyle.

ORDINANCE #66-7/08 TO AMEND SECTIONS 2.02(7)(a) AND (b) OF CHAPTER 2 OF THE GENERAL CODE OF LA CROSSE COUNTY, WISCONSIN REGARDING RESOLUTIONS

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

Section 1.     Sections 2.02(7)(a) & (b) are amended to read:

          2.02(7)         Resolutions, Motions and Amendments.

                             (a)      All resolutions shall be drafted by the Corporation Counsel Office, the County Clerk, the Personnel Director, the Auditor/Finance Director, the County Administrator, or the Deputy County Administrators to assure uniformity of format and proper content.  Upon completion, the resolution shall be forwarded to the County Administrator, Auditor/Finance Director, and County Board Chair.

(b)      The County Administrator, the Auditor/Finance Director, and Corporation Counsel shall review all resolutions prior to introduction before the County Board and shall initial on each resolution one of the following: Recommend, Not Recommend, or Reviewed Only.

Section 2.     This Ordinance shall take effect the day after passage and publication.

STEVEN P. DOYLE, COUNTY BOARD CHAIR

MARION I. NAEGLE, COUNTY CLERK

Motion by Rauk/Brockmiller to approve passed on a unanimous voice vote with 3 excused – Kader, L. Pfaff and Doyle.

RESOLUTION #30-7/08  RE:  CREATION OF SUPERVISING ACCOUNT CLERK POSITION AT LAKEVIEW

WHEREAS, the Business Office has been increasingly burdened with additional financial duties over the last three years and has had no additional assistance as workload has increased; and, WHEREAS, the addition of two Adult Family Homes, another Nursing Home licensed area, a licensed CBRF area, RCAC license at Whispering Pines, community individuals now attending our sheltered workshop and the Mississippi Valley Health Services have added major financial oversight duties to the Financial Manager in addition to her existing responsibilities for the Lakeview Budget; and, WHEREAS, the Financial Manager has been required to work longer hours to keep up with the work, but does not still have adequate time to supervise staff, monitor ongoing operations of all entities and other functions in addition to bookkeeping which is essential to the financial well being of Lakeview; and, WHEREAS, there is funding available from increased census, Mississippi Valley Health Services revenues and the non-leased Lakeview revenues which directly relate to the work being done by the Financial Manager, NOW THEREFORE BE IT RESOLVED, that Lakeview Health Center is authorized to hire one additional Supervising Account Clerk at Pay Grade CE-15 effective July 21, 2008.  BE IT FURTHER RESOLVED, that the Personnel Department and Finance Department are authorized and directed to take such action necessary to carry out the intent of this resolution.

FISCAL NOTE: The cost of wage, fringe and rollup for one FT Supervising Account Clerk is approximately   $25,950 for 2008 and an annual cost of $58,060, for which there are adequate revenues in the Lakeview budget.

AGING AND LONG TERM CARE COMMITTEE

Motion by Plesha/Richmond to approve.  Discussion ensued.  Lakeview Director Semb and Finance Director Ingvalson responded to questions from the Board.  The motion passed on a voice vote with 31 ayes and 1 nay - Erickson with 3 excused – Kader, L. Pfaff and Doyle.

RESOLUTION #31-7/08  RE:  CLOSING OF FUND 955 WEST CENTRAL CONSORTIUM

WHEREAS, fund 955 consisting of two Orgs 9551 and 9552 were created to support the activities of the West Central Consortium for Long Term Care; and, WHEREAS, the funding associated with the planning and development of a regional plan for long term care to persons who are elderly or disabled was no longer available following the end of 2007; and, WHEREAS, the need to continue Fund 955 thus ended; and, WHEREAS, any dollars remaining in Fund 955 can be appropriately dispersed to:  1.) Fund 900 Human Services Fund-as it was this fund that was used to primarily support the planning activities of the West Central Consortium  2.)  Org 9520 CMO Operations to cover the necessary vacation expense balance of the West Central Consortium Project Coordinator.  NOW THEREFORE BE IT RESOLVED that the La Crosse County Board approves the closure of Fund 955 which has a current balance of $2,794.71.  BE IT FURTHER RESOLVED, that $1,622.86 be transferred from Fund 955 to Fund 900.  BE IT FURTHER RESOLVED, that $1,171.85 be transferred from Fund 955 to Org 9520.  FISCAL NOTE:  This Resolution allows the closure of Human Services Fund (955) to other La Crosse County Funds via the transfer of $2,794.71.  Fiscal impact is therefore neutral.

HEALTH AND HUMAN SERVICES BOARD

EXECUTIVE COMMITTEE

Motion by Hampson/Billings to approve.  Discussion ensued.  Finance Director Ingvalson and Vice Chair T. Johnson responded to questions from the Board.  The motion to approve passed on a unanimous voice vote with 3 excused – Kader, L. Pfaff and Doyle.

RESOLUTION #32-7/08  RE:  PLACEMENT OF CITY OF LA CROSSE MICROWAVE DISH ON BLUFF TOWER

WHEREAS, the City of La Crosse radio system has limited coverage in areas off of Highways 14/61 including the areas of the Shrine, Waterford Valley, and Pineview Mobile Home Park; and, WHEREAS, the City has plans to put a repeater on a US Cellular tower in the area of Highways 14/61 that will improve the radio coverage for its 800 MHz system; and, WHEREAS, in order to have connectivity to the Public Safety Communications Center, the City needs space on the La Crosse County Bluff Tower for its microwave dish and the use of one of the County’s 16 T-1 lines from Bluff Tower to the Communications Center; and, WHEREAS, the placement of the City’s microwave dish on Bluff Tower enhances the public safety communications in the County and will provide better communications for the City of La Crosse Police Department, Fire Department, and Public Works Department; and, WHEREAS, the County has ample capacity to allow this use on Bluff Tower and the use is temporary in that the City is looking to replace its system within the next few years.  NOW THEREFORE BE IT RESOLVED, that the La Crosse County Board approves the use of space on Bluff Tower by the City of La Crosse for its microwave dish subject to a written agreement between the County and City to be signed by the County Board Chair after approval by the Corporation Counsel.  BE IT FURTHER RESOLVED, that the County will not charge the City for the location of its microwave dish on Bluff Tower, but the City shall be responsible for any and all costs associated with its use of Bluff Tower.

FISCAL NOTE:  There will be no cost or negative impact for the County resulting from the use of space by the City on Bluff Tower.

JUDICIARY AND LAW COMMITTEE

Motion by Burke/Meyer to approve.  Burke noted that “of” should be inserted in the third “WHEREAS” between “use” and “one”.  Discussion ensued.  The motion, as corrected, passed on a unanimous voice vote with 3 excused – Kader, L. Pfaff and Doyle.

RESOLUTION #33-7/08  RE:  AUTHORIZATION TO SELL PROPERTY (907 8^th Ave. N Comp. #18-680-1) TO CITY OF ONALASKA

WHEREAS, La Crosse County has acquired title to a tax delinquent property located at 907 8th Ave. N, Onalaska, Wisconsin consisting  of a vacant lot that is 100’ x 100’; 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 resolution determine and the County may transfer such land to any municipality within the county pursuant to Wis. Stat. ss. 75.35(2) and 59.52(6); and, WHEREAS, the total amount of unpaid general property taxes and other expenses assessed to this real estate for the years 2001-2005 is $1,406.35 broken down as follows:  Unpaid property tax - $784.82; Interest - $413.96; Penalty - $207.57; and, WHEREAS, The La Crosse County Comprehensive Plan recommends this type of activity.  The following is the adopted goal within the Housing Element on Page 125 of the Plan:  “6.  Make tax delinquent lands available at below market rate prices to not-for-profit housing providers as sites for affordable housing that will return to the tax roll.”  WHEREAS, the Committee recommends selling this property to the City of Onalaska for $900.00 which would reimburse the County for unpaid property taxes, except the penalty and interest levied against the delinquent taxes, and its selling costs and such sale would be in the best interest of the tax payers of La Crosse County.  NOW THEREFORE BE IT RESOLVED, that the La Crosse County Board authorizes the sale of 907 8th Ave. North, Onalaska, Wisconsin to the City of Onalaska for the amount of $900.00.  BE IT FURTHER RESOLVED, that the County Board Chair and County Clerk are authorized to sign a deed conveying the property known as 907 8th Ave. N, Onalaska, Wisconsin by its legal description and any other documents necessary to sell the property to the City of Onalaska upon approval by the Corporation Counsel.

FISCAL NOTE: The total amount of unpaid general property taxes previously paid by the County to the taxing jurisdictions for this property was $748.82.  The property has been owned by La Crosse County since 2006 and therefore the property is tax exempt for the years 2006 – 2008.

PUBLIC WORKS AND INFRASTRUCTURE

Motion by Spiker/Benrud to approve.  It was noted that “La Crosse” should be corrected to “Onalaska” in the address of the property in the 6^th paragraph.  Discussion ensued.  County Planner Charlie Handy spoke to the resolution, referenced his hand-out on the issue and responded to questions from the Board.  Discussion continued.  Motion by Meyer/Manthei to close debate passed on a voice vote with 31 ayes and 1 nay - Burke with 3 excused – Kader, L. Pfaff and Doyle.  The motion to approve the resolution, as corrected, passed on a voice vote with 30 ayes and 2 nays – Erickson and Ebert with 3 excused – Kader, L. Pfaff and Doyle.

RESOLUTION #34-7/08  RE:  SUPPORT FOR MEDICATION DISPOSAL PROGRAMS

WHEREAS, Wisconsin citizens, businesses, industries and municipalities depend on proper management of waste to protect human health and the environment and to promote continued economic development and the welfare of future generations; and, WHEREAS, unused and unwanted pharmaceuticals and other medications are being indefinitely stored or disposed of improperly, which can lead to poisoning, abuse, and negative environmental impacts; and, WHEREAS, a year 2000 USGS survey of 139 streams in 39 States, including Wisconsin, found an average of 7 to 38 medication related contaminants like steroids, hormones and antibiotics; and, WHEREAS, high levels of endocrine disruptors in our waterways are resulting in an unhealthy and dramatic decrease in some male fish populations and are causing some feminization or sterilization of male fish; and, WHEREAS, medications should not be flushed or thrown in the trash and there is not a satisfactory disposal option available to most Wisconsin residents; and, WHEREAS, stakeholders and partners including natural resource organizations, health care facilities, nursing and assisted living facilities, law enforcement, pharmacies, residents and more are interested in properly disposing of unused or unwanted medications.  NOW, THEREFORE, BE IT RESOLVED that the La Crosse County Board of Supervisors does hereby support the implementation of medication collection and disposal programs that meet local, state, and federal regulations, that provide service to residents and businesses, that use environmentally sound means of disposing of collected medications; and, BE IT FURTHER RESOLVED that the La Crosse County Board of Supervisors encourages the State to promote and fund collection programs that meet the needs of citizens and businesses on a permanent year-round basis, as well as event-style, “one day” collection programs and specialized innovative pilot programs such as “rx mail-back”; and, BE IT FURTHER RESOLVED that the La Crosse County Board of Supervisors also encourages the State to develop funding mechanisms for such programs including the option of being paid by medication producers (pharmaceutical manufacturers).

FISCAL NOTE:  No cost to La Crosse County.

PUBLIC WORKS AND INFRASTRUCTURE

Motion by Spiker/Schroeder to approve.  Discussion ensued.  There was no objection to Veenstra’s request that “ex mail-back” in the 8^th paragraph should be corrected to “rx mail-back”.  The motion to approve, as corrected, passed on a voice vote with 31 ayes and 1 nay - Erickson with 3 excused – Kader, L. Pfaff and Doyle.

RESOLUTION #35-7/08  RE:  APPROVAL OF CHANGE ORDER FOR WASTE RELOCATION CONTRACT “D-06”

AMENDED BY COUNTY BOARD

WHEREAS, by prior resolution #11-4/06, the La Crosse County Board of Supervisors approved awarding the Waste Relocation Contract “D-06” to St. Joseph Construction Company, Inc. for the original contract price of $3,040,240; and, WHEREAS, due to conditions encountered during the work, the County’s Engineer, Foth Infrastructure and Environment, LLC, and St. Joseph Construction have requested a change order to the Waste Relocation Contract; and,

WHEREAS, the change order requests changes in four areas which are summarized as follows:

WHEREAS, it is in the best interest of La Crosse County to approve the change order.  NOW THEREFORE BE IT RESOLVED that the La Crosse County Board hereby approves the contract change order as detailed in this resolution.  BE IT FURTHER RESOLVED, that the County Board Chair is hereby authorized to execute any documents to implement this resolution, after approval by Corporation Counsel.

FISCAL NOTE:  Due to the additional grading work, the additional work will exceed the original contract price by approximately $182,851.00.  Funds for the change order shall come from the Solid Waste Undesignated Fund Balance (650-39100) that currently has a balance of approximately $8.4 million, instead of Bond Proceeds.

PUBLIC WORKS AND INFRASTRUCTURE

Motion by Spiker/Schroeder to approve.  Discussion ensued.  Solid Waste Director Brian Tippetts and responded to questions from the Board.  Friendly amendment motion by Berns/Hampson to move the 4^th whereas to the Fiscal Note.  Discussion on the amendment ensued.  The motion to amend passed on a unanimous voice vote with 3 excused – Kader, L. Pfaff and Doyle.  Discussion on the amended resolution continued.  Solid Waste Director Tippetts responded to additional questions from the Board.  The motion to approve the resolution, as amended, passed on a voice vote with 31 ayes and 1 nay - Erickson with 3 excused – Kader, L. Pfaff and Doyle.

FUTURE AGENDA ITEMS

·          Vice Chair T. Johnson, with assistance from Finance Director Ingvalson, clarified Supervisor Geary’s request that the process of getting approval on amendments or adjustments to contracts be addressed at the Department Managers meeting and that Administrator O’Malley come back to the Board next month with a practice on how that’s going to be handled in the future.  Supervisor Medinger, with agreement by Solid Waste Director Tippetts, thought any contract change, financial or otherwise, should be included in the discussion.

·          Supervisor B. Pfaff requested that the full Board adjourn in honor of Tim Dienger, the Town of Onalaska Administrator, who passed away Sunday at the age of 31.  The County has lost a great public servant.  The Board paused for a moment of reflection for Mr. Dienger.

·          Supervisor Schroeder noted that Mr. Dienger left a wife and 2 young children with no income until Fall.  Supervisor Schroeder felt the Board should take up a collection for his family.  Vice Chair T. Johnson suggested that he and Supervisor Burke could do that at the County Board picnic later today.

·          Supervisor Manthei thought it was time that the County consider a county-wide smoking ban. 

·          Supervisor Wood would like a Planning meeting devoted to a broader understanding of what the role and responsibilities of County Board Supervisors are.

ADJOURN

Motion by Schroeder/Brockmiller to adjourn at 11:12 a.m. passed on a unanimous voice vote with 3 excused – Kader, L. Pfaff, and Doyle.

The above minutes may be approved, amended, or corrected at the next Board meeting.

I, Marion I. Naegle, La Crosse County Clerk, in and for the County of La Crosse, Wisconsin, do hereby certify that the foregoing is a true and correct copy of the Journal of Proceedings of the La Crosse County Board of Supervisors at the Monthly Meeting held Thursday, July 17, 2008 and that it is the whole thereof IN WITNESS THEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED THE OFFICIAL SEAL THIS 24^th DAY OF JULY 2008.