LA CROSSE COUNTY BOARD PROCEEDIN

The La Crosse County Board of Supervisors Monthly Meeting was held on August 21, 2008 in the Administrative Center, Room B410. Chair Steve Doyle called the meeting to order at 6:00 p.m. Deputy County Clerk Linda Stone took attendance. All supervisors were present except as noted:

DISTRICT - NAME		DISTRICT – NAME

1	Richmond, Andrea	19	Keil, Robert
2	Geary Jr., Ralph – Excused at 9:28 p.m.	20	Bina, Donald
3	Veenstra, Joe	21	Manthei, Dennis – Excused
4	Johnson, Jai	22	Ebert, Ray A.
5	Erickson, Robert	23	Gamroth, Tammy
6	Billings, Jill	24	Pfaff, Leon
7	Plesha, Roger	25	Schroeder, Jeffrey – Excused at 9:28 p.m.
8	Freedland, Maureen	26	Burke, Vicki
9	Hampson, Sharon – Excused	27	Pedretti, Marilyn
10	Wood, Margaret	28	Doyle, Steve
11	Kader, Audrey	29	Pfaff, Brad
12	Flood, Bridget	30	Spiker, Charles
13	Brockmiller, Bill	31	Fisher, Ann – Excused
14	Medinger, John D.	32	Benrud, Arlene
15	Mach, Beverly	33	Berns, Jim
16	Sebranek, Gerald	34	Rauk, Tom
17	Meyer, Donald	35	Bilskemper, Joe
18	Johnson, Tara

· EMS Update – Chair Doyle referred to the News Release and an ordinance proposal to establish a La Crosse County Emergency Medical Services Commission. He expects this to go through the September committee cycle, have a first reading before the Board in September and be voted on in October. By then he anticipates there will have been considerable discussion and input from all involved and the City of La Crosse will have acted on Mayor Johnsrud’s commission proposal. Discussion ensued. The news release and proposed ordinance are available to the public on the La Crosse County web site at:

· Park Plaza Update – The City Redevelopment Authority has ended negotiations with Progressive Design from Madison, as they have concluded they are not going to come to an agreement. Therefore the issue is back in the lap of the County Redevelopment Authority. As owners of the property, La Crosse County will continue to look for ways to stimulate future development.

· LEC Project Update – Construction has begun on the garage and utility island. The final plans go out for bid the week of September 24^th. The Construction Manager expects an increase of 4 – 6 percent due to inflation, the increased cost of steel, fuel, etc. It will be a challenge to meet estimated budgets. Sixteen detailed packages will be reported to the LEC Construction Committee when it meets October 1^st at 4:00 p.m. All supervisors are welcome to attend this meeting. The goal is to devote the October 6, 2008 Planning Meeting to discussion and action on this topic.

COUNTY BOARD CHAIR REPORT – Doyle noted that Conference Reports were inadvertently left off of the agenda and called for them at this time.

· Supervisor Sebranek: ITEBC - The Southwest International Trade, Business and Economic Development Council conference was held in Lac Du Flambeau August 5-6, 2008. In addition to himself, those representing La Crosse County were Supervisor Benrud and past supervisors Ehrsam, Holman and Parr. The conference theme was protecting the interests of county government. The major crises facing us will be financial, climate, energy, food and water. The Northern Trade Conference will be held September 10-12 in Duluth and attended by representatives of Wisconsin, Minnesota and Canada.

· Supervisor Benrud: County Picnic - The picnic was a success with 57 participants and an excellent buffet by the Moose Lodge. After buying supplies for next year, the picnic committee has a balance of $10.00.

· Supervisor Benrud: WCHA – After having served on the Wisconsin County Highway Association Board of Directors for 14 years, she reported that she has been re-elected to represent the Southwest District. They are currently working on a priority list with the DOT and the DNR. They meet monthly in Wausau.

· Reappoint Vicki Burke to the Lake Onalaska Rehabilitation District for a term to expire April 30, 2010.

· Reappoint Wayne Oliver to the Joint Board of Harbor Commissioners to represent the City of Onalaska for a 3-year term to expire July 31, 2011.

Motion by Doyle/Meyer to approve the two appointments as presented passed on a unanimous voice vote with 3 excused – Hampson, Manthei and Fisher.

Motion by Plesha/Sebranek to approve the minutes of the County Board of Supervisors Monthly Meeting held July 17, 2008 and the County Board Planning Meetings held August 6 and August 11, 2008 and the Claims List for $46,561,335.79 passed on a unanimous voice vote with 3 excused – Hampson, Manthei and Fisher.

CONDITIONAL USE PERMIT NO. 782 FILED BY CORINNE G. AND STEVEN J. SEVERSON TO OPERATE SEVERAL OUT-OF-THE HOME BUSINESSES INCLUDING MASSAGE, HEALING THERAPIES AND SPECIALIZED SEWING IN THE TOWN OF FARMINGTON

The La Crosse County Planning, Resources and Development Committee, having considered the application filed by: Corinne G. & Steven J. Severson W1600 County Rd A Mindoro WI 54644 and having held a public hearing on the 4^th day of August 2008 for a Conditional Use Permit to operate several out-of-the home businesses including massage, healing therapies in a shop and specialized sewing in their basement, on 14.74 acres of land zoned Agricultural District “A” in the Town of Farmington on land described as: The East 495’ of the W½-NW of Section 9, T 18 N, R 5 W lying North of County Road A, except the West 25’ thereof. 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: Approve with 8 conditions. By a vote of 7 in favor, 1 excused – Mach, the Committee recommended approval subject to 8 conditions:

1. This permit grants the use of the basement for a sewing business and the 18-ft x 24-ft shop for use as a massage and healing business at W1600 County Road A.

2. Hours of operation for the massage business are Monday, Tuesday and Thursday from 9 am to 8 pm (8 pm at the latest). No hours set for sewing business.

4. Off-street parking – one stall shall be maintained and marked for massage business.

6. One unlighted sign is allowed with the proper zoning permit from this department.

8. All personal property related to business shall be reported to the local assessor every year.

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 21^st day of August, 2008: Approved subject to conditions as outlined.

Motion by Meyer/Pfaff to approve as recommended by the Committee passed on a unanimous voice vote with 3 excused – Hampson, Manthei and Fisher.

ZONING ORDINANCE NO. Z189-8/08 RE: PETITION NO. 1786 FILED BY EDWARD D. AND MATTIE L. SCHROCK TO REZONE FROM AGRICULTURAL DISTRICT “A” WITH CONDITIONS FOR SCHOOL-HOUSE TO AGRICULTURAL DISTRICT “A” FOR PARCEL ‘A’ FOR EXISTING SCHOOL-HOUSE AND PARCEL ‘C’ TO REVERT BACK TO CONDITIONAL ZONING FOR SINGLE-FAMILY RESIDENCE IN THE TOWN OF BANGOR

The La Crosse County Planning, Resources and Development Committee, having considered Petition No. 1786 To amend the La Crosse County Zoning Ordinance filed by: Edward D. and Mattie L. Schrock N4760 County Rd J Rockland WI 54653 and having held a public hearing on the 4^th day of August, 2008 to rezone from Agricultural District “A” with conditions for school-house only on 5.13 acres to Agricultural District “A” for Parcel ‘A’, a 1.0-acre parcel for the existing school-house and the remaining parcel ‘C’ for 4.13 acres to revert back to its original conditional zoning for one single-family residence with no further subdividing the following described land in the Town(s) of Bangor. Parcel ‘A’ being part of the SW-NE of Section 1, T 16 N, R 5 W; Commencing at the N¼ Corner of Section 1; thence S00°51’15”W along the West line of the NE¼, 1812.85’; thence S89°15’50”E 32.77’ to the SW Corner of Parcel ‘B’ of a Plat of Survey, dtd 7/8/99 and the point of beginning. Thence N00°52’26”E along the West line of said Parcel ‘B’, 313.82’; thence S89°07’48”E 138.88’; thence S00°52’26”W 313.49’ to the South line of said Parcel ‘B’; thence N89°15’50”W along the South line of said Parcel ‘B’, 138.88’ to the point of beginning; and, Parcel ‘C’ being part of the SW-NE of Section 1, T 16 N, R 5 W. Commencing at the N¼ Corner of Section 1; thence N89°45’12”E 1320.92’ to the northeast corner; thence S00°46’57”W 1835.19’; thence N89°15’46”W 644.98’ to the point of beginning: Thence continue N89°15’46”W 506.1’; thence N00°52’26”E 313.49’; thence N89°07’48”E 138.88’ to the east right-of-way of County Road J; thence N00°51’15”E along said right-of-way 33’; thence S89°08’45”E 644.98’; thence Southerly to the point of beginning. Town of Bangor. 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 Zoning. By a vote of 6 in favor, 1 excused – Mach, the Committee recommended approval for Parcel ‘A’ subject to recording deed restrictions indicating the parcel can only be used for school purposes on 1.0 acre. The Committee also recommended approval for Parcel ‘C’ subject to the recording of deed restrictions indicating this 4.13-acre parcel is to be combined with an adjacent 7.48-acre parcel for use as one single family residence with no further subdividing. (Note: Owner wants to construct maximum sized accessory buildings based on parcel being over 10 acres.) (If this petition is approved as a conditional zoning, deed restrictions must be recorded in the La Crosse County Register of Deeds office 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 21^st day of August, 2008: Approved the petition with amendments/conditions, becomes an ordinance, after recording conditions.

Motion by Meyer/Kader to approve as recommended by the Committee passed on a unanimous voice vote with 3 excused – Hampson, Manthei and Fisher.

PLANNING, RESOURCES AND DEVELOPMENT COMMITTEE: PETITION NO. 1787 FILED BY KRISTOPHER J. AND JULIE A. FASSLER TO REZONE FROM EXCLUSIVE AGRICULTURAL DISTRICT TO RESIDENTIAL DISTRICT “A” IN THE TOWN OF BURNS

Because the Planning, Resources and Development Committee hadn’t yet heard back from the Town of Burns, Committee Chair Meyer requested that the petition be held over for 30 days.

RESOLUTION #36-8/08 RE: AUTHORIZATION TO ESTABLISH A SUSTAINABLE PROVISION WITHIN THE COUNTY PURCHASING POLICY

WHEREAS, the La Crosse County Board of Supervisors in June of 2007 approved a resolution to move in the direction of eco-county designation to serve as a model to their citizens; and, WHEREAS, the County of La Crosse is committed to the following guidelines:

· Reducing our dependence upon fossil fuels and extracted underground metals and minerals;

· Reducing our dependence on chemicals and other manufactured substances that can accumulate in nature;

· Reducing our dependence on activities that harm life-sustaining ecosystems; and meeting the hierarchy of present and future human needs fairly and efficiently; and,

WHEREAS, sustainability guidelines should be a part of purchasing policies and decisions, consistent with standard practices such as safety, performance, price and availability; and, WHEREAS, the progress in purchasing sustainable products and services is growing and will only become more prominent in the future; and, WHEREAS, there are a number of third-party certifiers that create standards for sustainable products, equipment, services, and that can be used as a guideline, and, WHEREAS, it is important toward the goal of becoming an eco-county, La Crosse County shall establish a sustainable provision within the purchasing policy to purchase products, equipment, and services that are certified by a third-party certifier or other similar and equivalent standard as determined by County staff. NOW THEREFORE BE IT FURTHER RESOLVED, that La Crosse County shall establish a sustainable provision within the County Purchasing Policy; and, BE IT FURTHER RESOLVED that the County shall purchase products, equipment, services, and establish procedures, to the extent practical based on safety, price, performance, and availability, that meet sustainable standards established by a third-party certifier or other similar and equivalent standards as determined by County staff with preference of purchasing locally whenever possible; and, BE IT FURTHER RESOLVED that nothing contained in this sustainable purchasing resolution shall be construed to require products that do not perform adequately.

Motion by T. Johnson/B. Pfaff to approve. Discussion ensued. Purchasing Director Jostad responded to questions from the Board and Administrator O’Malley provided some clarification. The motion to approve passed on a voice vote with 31 ayes and 1 nay - Erickson with 3 excused - Hampson, Manthei and Fisher.

RESOLUTION #37-8/08 RE: APPROVAL OF INITIAL 2009-2010 BUDGET RECOMMENDATIONS

WHEREAS, on July 7, 2008, the County Administrator provided an overview of initial Two-Year budget projections for 2009 & 2010, providing a preliminary plan that would keep the percentage of total gross tax levy increase to no more than 5.45% in 2009 and 5.31% in 2010, including operating costs and capital improvements while incurring up to $29.5 million in bonded debt as approved for the Law Enforcement Center (LEC) addition. NOW THEREFORE BE IT RESOLVED, that barring unforeseen circumstances, these initial budget recommendations are to have the effect of setting these percentages of no more than 5.45% in 2009 and 5.31% in 2010 as targets that should not be exceeded, while providing direction to the County budget team to present options and choices for lower percentage changes in tax levy during these two budgets. BE IT FURTHER RESOLVED, that the La Crosse County Board hereby approves the following initial Budget Recommendations for 2009 and directs the County Administrator and Finance Department to implement the following actions, including bringing forward specific resolutions and decisions as required:

1. Develop recommendations on program and budget cuts that would lower the percentages shown above.

2. Refinance the balance remaining of the 1998A and 1998B Law Enforcement Center bonds for the remaining six years, thereby saving an estimated $390,000 interest through the end of the term.

3. Divide the initial bond issue for the new LEC addition into no more than $10 million for sale before the end of 2008, and the balance of $19.5 million to be sold in early 2009.

4. Apply the budgeted 2008 debt levy payment for the LEC addition to pay off the Highway Shop debt three years early (up to $1,225,000 budgeted for first debt payment), saving an estimated $88,550 in interest.

5. Provide budget recommendations to meet Highway Capital project needs at a funding level of $2 million in each 2009 & 2010, partially funded through using the balance of the “Old Landfill” fund.

6. Provide detail budget recommendations including: utilize budgeted contingency fund and Health Insurance reserves to moderate the impact of increased premiums, consider appropriate increases in fees & charges and utilize targeted use of other fund reserves if necessary.

FISCAL NOTE: These recommendations establish “not to exceed targets” for the 2009 & 2010 budgets, while saving more than $478,550 in interest and lowering the total amount of projected General Obligation Debt principal by approximately $3,610,000 from the assumptions included in the 2008 adopted County Budget.

Motion by T. Johnson/Wood to approve. Discussion ensued. Administrator O’Malley spoke to the resolution and 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 - Hampson, Manthei and Fisher.

RESOLUTION #38-8/08 RE: INITIAL RESOLUTION AUTHORIZING NOT EXCEEDING $8,200,000 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 $8,200,000 for the public purpose of refunding certain outstanding municipal obligations of the County, including the interest thereon. 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/Brockmiller to approve. Discussion ensued. Finance Director Ingvalson 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 - Hampson, Manthei and Fisher.

RESOLUTION #39-8/08 RE: AUTHORIZING THE ADVERTISEMENT FOR PUBLIC SALE AND THE SALE OF GENERAL OBLIGATION REFUNDING BONDS, SERIES 2008‑B OF THE COUNTY OF LA CROSSE, WISCONSIN, IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $8,200,000, 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 $8,200,000, for the public purpose of refunding certain outstanding municipal obligations of the County, including the interest thereon, 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 Refunding Bonds, Series 2008‑B in an aggregate principal amount of not to exceed $8,200,000 for the public purpose of refunding certain outstanding municipal obligations of the County, including the interest thereon; 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 Refunding Bonds, Series 2008‑B of the County in an aggregate principal amount not to exceed $8,200,000 (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 maximum principal amount of the obligations expected to be issued for said refunding and to be made from the Bonds is $8,200,000.

Motion by T. Johnson/Brockmiller to approve. Discussion ensued. Finance Director Ingvalson responded to questions from the Board. Supervisor Ebert requested that the County go out for bids soon on our Fiscal Advisor and Bond Attorney. The motion to approve passed on a voice vote with 31 ayes and 1 nay - Erickson with 3 excused - Hampson, Manthei and Fisher.

RESOLUTION #40-8/08 RE: REFERENDUM QUESTION REQUESTING STATE LEGISLA-TIVE ACTION ON HEALTHCARE ON THE NOVEMBER BALLOT

WHEREAS, escalating health insurance costs are a major hardship for La Crosse County residents, businesses, and local units of government; and, WHEREAS, such high costs discourage business expansion and job creation in La Crosse County, and burden individual citizens with increased hardship and the fear of losing health insurance coverage; and, WHEREAS, in Wisconsin an estimated 11% or approximately 593,000 people are without health insurance and many more are underinsured; and, WHEREAS, in 2001 roughly 77% of Wisconsinites under 65 received healthcare coverage from their employer and in 2004 only 65% received coverage through their job; and, WHEREAS, as healthcare costs have doubled on the average every 8 years for the past 40 years, so by the year 2018 healthcare plan costs may reach $20,000 per person per year; and, WHEREAS, by some measures the La Crosse area has among the highest health care costs in the nation, including the highest physician costs in the United States, and the tenth highest hospital prices, according to a Government Accountability Office (GAO) report; and, WHEREAS, local governments, such as La Crosse County, which spent $9,267,991 for health insurance in 2001 and $14,763,676 in 2007, have a hard time controlling their budgets due to runaway healthcare costs and budgetary constraints from imposed revenue caps; and, WHEREAS, these skyrocketing healthcare costs in the La Crosse County area are a result of changes in the healthcare and insurance markets which are beyond the control of La Crosse County; and, WHEREAS, despite the steep escalation in health insurance costs, the State Legislature, which does have the power to remedy this situation, has failed to seriously consider comprehensive healthcare reform; and, WHEREAS, the following advisory referendum question is an effective way to determine whether the citizens of La Crosse County believe that the next session of the State Legislature should take action:

Shall the next State Legislature enact health care reform legislation by December 31, 2009 that guarantees every Wisconsin resident affordable health care coverage as good as what is provided to State legislators?

NOW THEREFORE BE IT RESOLVED, that the La Crosse County Board hereby directs the County Clerk to place the question set forth above on the November ballot as an advisory referendum question. BE IT FURTHER RESOLVED, that a copy of this resolution be sent to the area legislators, Governor Jim Doyle and the Wisconsin Counties Association.

Motion by T. Johnson/Keil to approve. Discussion ensued. CHAIR CHANGE: Chair Doyle yielded the Chair to Second Vice Chair Rauk in order to participate in the discussion. Discussion continued. Motion by Meyer/Ebert to change the referendum question by inserting a period after “coverage” and deleting the rest of the sentence. Discussion on the amendment ensued. The motion to amend failed on a roll call vote with 9 ayes and 23 nays with 3 excused – Hampson, Manthei and Fisher. Those voting nay on the amendment were Plesha, Sebranek, Wood, Billings, L. Pfaff, Richmond, Freedland, Medinger, Rauk, J. Johnson, Veenstra, Flood, Mach, Gamroth, Pedretti, Benrud, T. Johnson, Schroeder, Burke, Doyle, Bilskemper, Kader and B. Pfaff. Discussion on the original resolution continued. Human Services Director Huber responded to questions from the Board. Motion by Meyer/Brockmiller to call the question passed on a unanimous voice vote with 3 excused - Hampson, Manthei, and Fisher. The motion to approve the resolution as presented passed on a roll call vote with 28 ayes and 4 nays – Erickson, Berns, Spiker and Bilskemper with 3 excused - Hampson, Manthei and Fisher.

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

NAME	DEPARTMENT	YEARS
John F. Schmidt	Sheriff Department	40+
John F. Diekroeger	Highway Department	32+
Patricia J. Heizler	Human Services Department	24+

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/L. Pfaff to approve. Following some discussion the motion to approve passed on a voice vote with 31 ayes and 1 nay - Erickson with 3 excused - Hampson, Manthei and Fisher.

RESOLUTION #42-8/08 RE: APPROVE SUPPLEMENTAL PAYMENT/CERTIFIED PUBLIC EXPENDITURE PROGRAM FOR COUNTY NURSING HOMES

WHEREAS, the Supplemental Payment Program, formerly known as the Intergovernmental Transfer Program, generates federal matching funds based on actual operating losses incurred by governmental nursing homes; and, WHEREAS, the amount of revenue that may be generated is capped by the federal government (Medicare Upper Limit); and, WHEREAS, all revenue generated from county nursing home losses is deposited in the state of Wisconsin’s Medical Assistance Trust Fund; and, WHEREAS, the 2007-09 state biennial budget anticipates Medicaid deficits for county and municipal nursing homes of $140,040,600 in FY 08 and $136,858,800 in FY 09; and, WHEREAS, payments to counties from the federal match paid on county losses are capped at $37.1 million each year, and the state anticipates utilizing $40,000,000 in FY 08 and $37,000,000 in FY 09 in federal matching funds for its Medicaid programs; and, WHEREAS, under current state law, total supplemental payments to county and municipal homes may not exceed $37.1 million per year; and, WHEREAS, counties have never received less than $37.1 million in payments annually; and, WHEREAS, county nursing homes generate significant losses as many county homes serve individuals with high acuity levels and intense behavioral needs; and, WHEREAS, the Medical Assistance rates paid to county nursing homes is insufficient to cover the cost of care for patients with significant care needs; and, WHEREAS, over the years, the number of county nursing homes has declined; and, WHEREAS, many counties can no longer afford to allocate property tax dollars to the operations of the county home, yet county homes provide a valuable public services; and, WHEREAS, if more counties sell or close their county nursing homes, county nursing home losses decrease, generating fewer dollars under the certified public expenditure program for county and state use; and, WHEREAS, as the $37.1 million referenced in statute represents a cap on payments to counties, the state has the ability to provide payments to county and municipal homes in an amount less than $37.1 million. NOW, THEREFORE, BE IT RESOLVED that the La Crosse County Board supports a legislative change requiring the state of Wisconsin to pay county and municipal nursing homes at least $37.1 million annually under the supplemental payment program. BE IT FURTHER RESOLVED that the Wisconsin Counties Association and the Wisconsin Association of County Homes work in cooperation with the Department of Health Services to develop a plan to return all revenue generated from county nursing home losses to counties over a five-year period. BE IT FURTHER RESOLVED that a copy of this resolution be sent to DHS Secretary Karen Timberlake, DOA Secretary Michael Morgan, Governor Jim Doyle, all area legislators and the Wisconsin Counties Association.

FISCAL NOTE: Under current law, the payment of additional CPE (Certified Public Expenditure) revenue in FY08 to Lakeview is $578,886 and to Hillview is $542,129.

Motion by Plesha/Kader to approve passed on a voice vote with 31 ayes and 1 nay - Erickson with 3 excused - Hampson, Manthei and Fisher.

WHEREAS, in May 2000, the National Institute of Corrections, in providing consultation to the La Crosse County Criminal Justice Management Council, recommended parity and equity of treatment between the men and women and that women in jail should receive special programming and services to meet unique needs; and, WHEREAS, in May 2007, the Justice Assessment completed by The Carey Group recommended La Crosse County close the women’s jail permanently within the next six months and develop a 4 tiered system to handle the women coming into the jail: Tier 1 – Assessment, Tier 2 – Residential, Tier 3 – Community and Tier 4 – Secure Jail; and, WHEREAS, on September 26, 2007, the County Board of Supervisors accepted and approved the Justice Assessment completed by The Carey Group; and, WHEREAS, on December 20, 2007, the County Board of Supervisors approved a contract with the La Crosse area YWCA to plan and implement the Women’s Community Based Program. The 2008 budget includes net funding of up to $250,000 for professional services for the Women’s Community Based Program and up to $250,000 for capital expenditures; and, WHEREAS, the Women’s Community Based Program should facilitate closing of the separate women’s jail and redirecting jailers to the main jail; and, WHEREAS, in February 2008, the La Crosse Community Foundation awarded La Crosse County $50,000 for housing needs for the Women’s Community Based Program; and, WHEREAS, in April 2008, county staff reviewed properties for leasing. In June 2008, the City of La Crosse offered La Crosse County the opportunity to lease 1118/1120 Kane Street and 1102/1104 St. Paul Street for one year for the women’s program; and, WHEREAS, the City of La Crosse has offered the leasing of a 3 bedroom unit for $279/month and the leasing of a 4 bedroom unit for $335/month plus utilities; and, WHEREAS, in July 2008, the City of La Crosse Community Development Block Grant Program agreed to fund up to $100,000 to refurbish a location suitable for the program in the long term; and, WHEREAS, three neighborhood meetings have been attended by county staff to explain the details of the program. NOW THEREFORE BE IT RESOLVED that La Crosse County agrees to lease 1118/1120 Kane Street or 1102/1104 St. Paul Street or any combination thereof to house the participants in the Women’s Community Based Program. The term of the lease will not exceed one year. NOW THEREFORE BE IT FURTHER RESOLVED that the program shall be required to provide supervision during evening, early morning and weekend hours as are determined to be needed or appropriate as the program progresses. The preference shall be for volunteers, if available.

FISCAL NOTE: The estimated cost for lease and utilities is $874 per month which is broken down below. These expenses are within the budget for Justice Sanctions.

In the 2^nd WHEREAS delete “a system to handle …. into the jail.” And insert “a 4-tiered system to handle the women coming into the jail: Tier 1 – Assessment, Tier 2 – Residential, Tier 3 – Community, and Tier 4 Secure Jail.”

The program shall be required to provide supervision during evening, early morning and weekend hours as are determined to be needed or appropriate as the program progresses. The preference shall be for volunteers, if available.

Motion by Wood/Brockmiller to approve. Vice Chair Johnson took the Chair so Chair Doyle could participate in the discussion, which ensued. Motion by Berns/Doyle to amend as follows: “In the 2^nd Whereas delete “a system to handle …. into the jail.” And insert “a 4-tiered system to handle the women coming into the jail.” “Tier 1 – assessment, Tier 2 – Residential, Tier 3 – Community, and Tier 4 Secure Jail”. Discussion on the amendment ensued. The motion to amend passed on a voice vote with 31 ayes and 1 nay – Flood with 3 excused - Hampson, Manthei and Fisher. Discussion on the amended resolution continued. Justice Sanctions Manager Klekamp responded to questions from the Board. Discussion continued. Motion by Kader/Mach to allow for up to $1,500 per month to provide supervision to be determined by the staff. Discussion on the amendment ensued. Motion by Schroeder/Meyer to call the question failed on a roll call vote with 14 ayes and 18 nays with 3 excused – Hampson, Manthei and Fisher. Those voting nay to call the question were Plesha, Wood, Richmond, Freedland, Medinger, Rauk, Keil, Ebert, Veenstra, Erickson, Mach, Pedretti, Benrud, T. Johnson, Doyle, Spiker, Kader and B. Pfaff. Discussion on the amendment continued. Motion by Medinger/Sebranek to table Kader’s amendment passed on a roll call vote with 30 ayes, 1 nay – Plesha, and 1 abstention - Kader with 3 excused - Hampson, Manthei and Fisher. Motion by Doyle/Medinger to add “The program shall be required to provide supervision during evening and early morning hours as are determined to be needed or appropriate as the program progresses. The preference shall be for volunteers, if available.” Discussion on the amendment ensued. Motion by Richmond/Freedland to “add weekend hours for supervision as needed”. Discussion on the amendment to the amendment ensued. Richmond’s motion to amend Doyle’s amendment passed on a roll call vote with 17 ayes and 15 nays with 3 excused - Hampson, Manthei and Fisher. Those voting nay were Wood, Billings, L. Pfaff, Rauk, Keil, Ebert, Erickson, Flood, Mach, Pedretti, Meyer, Bina, Burke, Doyle and Spiker. The motion to amend, as amended, passed on a roll call vote with 21 ayes and 11 nays with 3 excused - Hampson, Manthei and Fisher. Those voting nay were Billings, L. Pfaff, Rauk, Keil, Ebert, Erickson, Pedretti, Meyer, Bina, Burke and Spiker. Discussion on the resolution as amended ensued. Motion by Ebert/Geary to refer the resolution to the September 8, 2008 Planning Meeting failed on a roll call vote with 9 ayes and 23 nays with 3 excused – Hampson, Manthei and Fisher. Those voting nay to refer were Sebranek, Wood, Billings, L. Pfaff, Richmond, Freedland, Medinger, Rauk, Flood, Mach, Pedretti, Benrud, Meyer, T. Johnson, Schroeder, Burke, Berns, Doyle, Spiker, Bilskemper, Kader, B. Pfaff and Brockmiller. Discussion continued. Justice Sanctions Manager Klekamp responded to additional questions from the Board. Motion by Sebranek/Meyer to call the question passed on a voice vote with 31 ayes and 1 nay - Ebert with 3 excused - Hampson, Manthei and Fisher. The motion to approve the resolution, as amended, passed on a roll call vote with 18 ayes and 14 nays with 3 excused - Hampson, Manthei and Fisher. Those voting nay on the amended resolution were Plesha, Geary, Billings, J. Johnson, Ebert, Veenstra, Erickson, Gamroth, Benrud, Bina, Schroeder, Berns, Spiker and Bilskemper.

RE: DEVELOPMENT OF AN ADOLESCENT CENTER IN THE JUVENILE JUSTICE FACILITY OF LA CROSSE COUNTY

WHEREAS, the La Crosse County Human Services Department has legislative responsibilities under Wisconsin Statutes 48, 938 and 51 to respond to the needs of families and children who need support in addressing issues of disabilities, delinquency or child maltreatment; and, WHEREAS, the Department of Human Services closed its “licensed shelter” facility in its Juvenile Detention Center on 12/16/05 due to lower utilization by La Crosse and other counties; and, WHEREAS, the Department of Human Services piloted a “Reporting Center” for juveniles in 2007, primarily focused on youth within the juvenile justice system which lasted until February 2008; and, WHEREAS, the Department has assessed the program and fiscal need for the development of a comprehensive Adolescent Center within the existing Juvenile Detention Center, licensed as a small group eight-bed shelter by the Department of Health Services; and, WHEREAS, such a comprehensive center would divert the need to place children and youth in crisis in more restrictive and costly residential or hospital placements by providing assessment and assuring appropriate referral for services; and, WHEREAS, six counties in the region have indicated their interest for purchasing a bed for youth and children in need of such a service as provided by the Adolescent Center so that of the eight beds four will be reserved for La Crosse County, three will be contracted to other counties, and one will be left on a first come first serve basis; and, WHEREAS, the county will be able to access Medical Assistance revenue and client fees to contribute to the overall cost of this service; and, WHEREAS, the staffing for this facility will include four full-time employees, three part-time employees, and four standby workers; supervision and administration will come from current Juvenile Detention staff; and, WHEREAS, that the estimated annual cost of running the Adolescent Center is $361,133 and less than the current 2008 budgeted amount of $419,799 for running the Juvenile Reporting Center which closed in February 2008. NOW THEREFORE BE IT RESOLVED that the La Crosse County Board authorizes the Human Services Department to pursue the development of the Adolescent Center, including completion of state licensing, contracts with other counties for utilization, update of the physical facility and the hiring and training of staff. BE IT FURTHER RESOLVED that the County Board Chair and County Clerk are authorized to execute any contracts to effectuate this resolution, after approval by Corporation Counsel. BE IT FURTHER RESOLVED that the estimated opening date for the Adolescent Center is October 1, 2008.

FISCAL NOTE: The total cost for the Juvenile Reporting Center for 2008 was originally budgeted at $419,799. Of this amount, $406,799 was funded through tax levy. In comparison, the total projected cost for the Adolescent Center for 2009 is $361,133, of which only $179,733 would be funded through tax levy. Therefore, the Adolescent Center is anticipated to require $227,066 less in annual tax levy funding than the Juvenile Reporting Center. The closing of the Juvenile Reporting Center in February of 2008 resulted in a cost savings for the Department. Total costs were only $60,210 for 2008. This left approximately $347,000 of tax levy available for reallocation within the Department. Although a portion of these funds have already been designated to other areas, enough remains to fund the opening of the Adolescent Center in October of 2008. If the Adolescent Center opened on October 1, 2008, the total estimated cost of running the Center for October through December of 2008 is $96,283, which includes one-time start up costs. This would be partially offset by projected revenue generated through fees charged for the use of the Center. Total out-of-county revenue is expected to be $32,850 and in-county revenue is expected to be $12,500 for total projected revenue of $45,350. The remaining cost of $50,933 would be funded through the use of county levy.

Motion by Billings/Brockmiller to approve. Discussion ensued. Motion by Flood/Brockmiller to add “BE IT FURTHER RESOLVED that the County and the Union reach an agreement on wages, hours and conditions of employment before filling the positions and opening Shelter.” Discussion on the amendment ensued. Motion by Spiker/Bilskemper to table the amendment passed on a voice vote with 22 ayes and 7 nays – Freedland, Wood, Flood, Brockmiller, Medinger, T. Johnson and Burke with 5 excused – Geary, Hampson, Manthei, Schroeder and Fisher. Discussion on the original resolution continued. Human Services Director Huber responded to questions from the Board. Motion by Burke/T. Johnson to refer for 30 days failed on a roll call vote with 10 ayes and 20 nays with 5 excused - Geary, Hampson, Manthei, Schroeder and Fisher. Those voting nay to refer were Plesha, Sebranek, Billings, L. Pfaff, Richmond, Medinger, Rauk, Keil, J. Johnson, Ebert, Veenstra, Erickson, Mach, Pedretti, Benrud, Meyer, Bina, Berns, Doyle and Spiker. Discussion on the resolution continued. There was no objection to Medinger’s request to close debate. The motion to approve the resolution, as presented, required two thirds of the 35 member Board (which is 24) and failed on a roll call vote with 23 ayes and 7 nays – Freedland, Erickson, Flood, T. Johnson, Burke, B. Pfaff and Brockmiller with 5 excused - Geary, Hampson, Manthei, Schroeder and Fisher.

RESOLUTION #44-8/08 RE: RECOGNITION OF SEPTEMBER 2008 AS FOSTER PROVIDER APPRECIATION MONTH

WHEREAS, La Crosse County for years has benefited from the commitment and dedication of hundreds of certified adult foster providers and licensed child foster homes who care for our most vulnerable citizens; and, WHEREAS, through the dedication of these foster providers, many of our vulnerable citizens can remain within their own communities and least restrictive settings rather than being placed into institutions; and, WHEREAS, the time and commitment of our foster parents not only benefits those placed into their homes, but also provides the most cost-effective alternative for placements, saving taxpayer expense; and, WHEREAS, the entire community benefits from the endless commitment of our foster homes and foster parents. NOW THEREFORE BE IT RESOLVED, that the La Crosse County Board of Supervisors dedicate the month of September 2008 to honor and recognize our 115 licensed child foster homes and 136 certified adult foster providers. BE IT FURTHER RESOLVED, that the La Crosse community as a whole celebrate the contributions made by each of our foster providers and express this sincere appreciation.

Motion by Billings/Brockmiller to approve. Following some discussion the motion to approve passed on a voice vote with 29 ayes and 1 nay - Erickson with 5 excused - Geary, Hampson, Manthei, Schroeder and Fisher.

WHEREAS, the Wisconsin State Legislature allocates funding for Wireless Emergency 911 surcharges to the counties of the State of Wisconsin; and, WHEREAS, the current funding for Wireless Emergency 911 surcharges is scheduled to end on November 30, 2008; and, WHEREAS, the Wisconsin State Legislature has not passed legislation regarding Wireless Emergency 911 surcharges beyond November 30, 2008; and, WHEREAS, the Wireless Emergency 911 surcharge funds the maintenance of technology that locates wireless phone users who call 911 for emergency services; and, WHEREAS, approximately 60% of all calls that come into La Crosse County’s Communication Center are from wireless phones; and, WHEREAS, this technology greatly reduces response times to accident or crime scenes; and, WHEREAS, La Crosse County will have a shortfall of $36,527.40 in the Fiscal Year 2009 budget because the State Legislature did not include Wireless Emergency 911 surcharges in the Budget Repair Bill; and, WHEREAS, all of the various computer hardware and software equipment purchased for Wireless Emergency 911 will continue to need to be replaced and upgraded and funds should be made available by the State Legislature for this purpose; and, WHEREAS, all counties in the State of Wisconsin will be adversely affected by the elimination of the current Wireless Emergency 911 surcharges. NOW THEREFORE BE IT RESOLVED, that the La Crosse County Board respectfully request that the Wisconsin State Legislature extend the current wireless surcharge until the issue of all 911 funding can be addressed with new legislation. BE IT FURTHER RESOLVED, that the County Clerk shall forward a copy of this resolution to the Governor of the State of Wisconsin, the Majority Leader of the Wisconsin State Senate, the Speaker of the Wisconsin State Assembly, the Wisconsin Counties Association, and to all counties in the State of Wisconsin.

COUNTY BOARD AMENDMENT: Whereas #7 substitute because for if and did for does. Will read …..budget because the State Legislature did not ….

Motion by Burke/Meyer to approve. Motion by Burke/Brockmiller to substitute “because” for “if” and “did” for “does” in the 7^th Whereas passed on a unanimous voice vote with 5 excused - Geary, Hampson, Manthei, Schroeder and Fisher. The motion to approve the resolution passed on a voice vote with 29 ayes and 1 nay - Erickson with 5 excused - Geary, Hampson, Manthei, Schroeder and Fisher.

RESOLUTION #46-8/08 RE: REQUESTING THE STATE OF WISCONSIN DEPARTMENT OF CORRECTIONS INCREASE REIMBURSEMENT PAYMENTS FOR STATE PROBATION AND PAROLE PRISONERS HELD IN THE LA CROSSE COUNTY JAIL

WHEREAS, §302.33(2)(a) (2007), Wis. Stats., requires the Wisconsin Department of Corrections to reimburse the county for costs relating to maintaining persons in custody pending the disposition of their parole, extended supervision or probation revocation proceedings; and, WHEREAS, §302.33(2)(a)3 (2007), Wis. Stats., requires the Wisconsin Department of Corrections to reimburse the county at a rate of $40 per person per day after January 1, 1993, unless insufficient funds are provided in a fiscal year by §20.410(1)(bn), Wis. Stats. (2007), in which case the Department shall prorate the payments to the county; and, WHEREAS, the rate charged by La Crosse County to other counties for the cost of housing their inmates is $55 per day; and, WHEREAS, the La Crosse County Sheriff’s Department is currently required to accept placement of state probation and parole hold inmates in the La Crosse County Jail; and, WHEREAS, the State of Wisconsin has continually and knowingly under-funded the Department of Corrections, leaving the taxpayers of La Crosse County to subsidize the State of Wisconsin for housing state inmates; and, WHEREAS, the state reimbursement rate to La Crosse County has not reached $40 per day in recent years and was $32.28 per day in 2004-2005, $31.94 per day in 2005-2006, and $32.00 per day in 2006-2007; and, WHEREAS, if the reimbursement to La Crosse County in 2006-2007 had been $40/day instead of $32/day, the County would have received $18,704 in additional funds. NOW, THEREFORE, BE IT RESOLVED that the La Crosse County Board does respectfully request that the State of Wisconsin Department of Corrections increase the current $32.00 daily rate payments for State prisoners held in county jails commensurate with the costs incurred by the county for maintaining such prisoners; and BE IT FURTHER RESOLVED that the County Clerk shall forward a copy of this resolution to the Governor of the State of Wisconsin, the Secretary of the Department of Corrections, the Chairpersons of the Joint Committee on Finance, the La Crosse County Legislative Representatives and the Wisconsin Counties Association.

FISCAL NOTE: The unreimbursed cost to the County for housing State inmates in 2006-2007 was $53,774 ($55/day - $32/day = $23/day X 2,338 billable days.)

Motion by Burke/L. Pfaff to approve. Following some discussion the motion passed on a voice vote with 29 ayes and 1 nay - Erickson with 5 excused - Geary, Hampson, Manthei, Schroeder and Fisher.

RESOLUTION #47-8/08 RE: APPROVAL OF CHANGE ORDER FOR FINAL COVER AND GAS SYSTEM CONSTRUCTION AT THE LA CROSSE COUNTY LANDFILL

WHEREAS, by prior resolution #26-6/08, the La Crosse County Board of Supervisors approved awarding a contract for 2008 final cover and gas system construction at the La Crosse County landfill to Integrity Grading & Excavation, Inc. for the sum of $1,426,614.28; and, WHEREAS, the landfill final cover construction item was bid on a unit price because the total amount of area to be covered was estimated and subject to change at the time of the bid; and, WHEREAS, the preliminary survey work performed by Integrity indicates that the actual area which needs to be covered is approximately 1.5 to 2.0 acres larger than originally estimated, which will likely increase the total contract price from $225,000 to $275,000; and, WHEREAS, it is in the best interest of La Crosse County to approve a change order to cover this additional area because such action will maximize construction at a very competitive price, the additional cover will reduce the potential for landfill gas emissions and odor complaints, and the additional cover will provide more screening and a more natural looking landscape for public view; and, WHEREAS, funds are available in Solid Waste Undesignated Fund Balance, Org. # 650, Acct. 39100. NOW THEREFORE BE IT RESOLVED that the La Crosse County Board hereby approves the contract change order as provided in this resolution. BE IT FURTHER RESOLVED, that the County Board Chair is authorized to execute any documents to implement this resolution, after approval by Corporation Counsel.

FISCAL NOTE: Due to the survey indicating that the landfill will require additional acreage to be covered, the additional work will require an increase in the contract price in a range of $225,000 to $275,000. Funds are available in the Solid Waste Undesignated Fund Balance, Org. # 650, Acct. 39100, which has a balance of approximately $8.4 million.

Motion by Spiker/Meyer to approve. Discussion ensued. Solid Waste Director Tippetts responded to questions from the Board. The motion to approve passed on a voice vote with 27 ayes and 3 nays – Veenstra, Erickson and Ebert with 5 excused - Geary, Hampson, Manthei, Schroeder and Fisher.

RESOLUTION #48-8/08 RE: AUTHORIZATION TO TRANSFER FUNDS FROM FUND BALANCE RESERVE-PARKS AND REVENUE ACCOUNT TO CAPITAL IMPROVEMENT FOR CONSTRUCTION OF LAKE NESHONOC BOAT LANDINGS AND DOCKS

WHEREAS, bids were received from vendors for construction of boat landings and docks at Lake Neshonoc; and, WHEREAS, the total estimated construction costs include the low bids of $54,250 for the boat landings and $21,248 for the docks plus engineering and contingency costs for a total project of $90,000; and, WHEREAS, the La Crosse County Facilities Department budgeted a total of $60,000 in the 2007 and 2008 for this project; and, WHEREAS, the Facilities Department has money available in Fund Balance Reserve-Parks (sale of dredge material) for park improvements; and, WHEREAS, the Facilities Department has received $9,204 from the sale of dredge materials in 2008. NOW THEREFORE BE IT RESOLVED, that the La Crosse County Board of Supervisors hereby accepts the low bids of Strupp Trucking in the amount of $54,250 and Waterworks Inc. in the amount of $21,248. BE IT FURTHER RESOLVED, that the Finance Department be hereby authorized to transfer $20,796 from the Fund Balance Reserve-Parks account and $9,204 from Property Management Sale of County Property to the Capital Improvement – Parks & Campgrounds account.

FISCAL NOTE: Total estimated project costs will be $90,000. $60,000 is budgeted, $20,796 will be transferred from Account 100-32430 Fund Balance Reserve-Parks, and $9,204 will be transferred from Account 1131-56015 Sale of County Property to Account 1132-87034 Capital Improvement–Parks & Campgrounds.

Motion by Spiker/Bina to approve. Discussion ensued. Facilities Director Speropulos responded to questions from the Board. The motion to approve passed on a voice vote with 29 ayes and 1 nay - Erickson with 5 excused - Geary, Hampson, Manthei, Schroeder and Fisher.

· County Parks: Supervisor B. Pfaff noted that County parks are our crown jewels and requested a status report on them, including information on attendance, condition of the grounds and facilities, etc. Supervisor Billings wanted the report to include scheduled park improvements and the criteria for how those are selected. Supervisor Erickson asked that information on park funding and income be included as well. Supervisor Spiker noted that some of this information is in the annual report.

· Number of Votes Required: Supervisor Spiker requested the number of votes required to pass an item (majority, two-thirds of supervisors present, two-thirds of the full Board) be included in their packets so they have that information in advance of the meeting. Chair Doyle agreed it was a good idea and asked Corporation Counsel to implement that.

Motion by Keil/Billings to adjourn at 10:15 p.m. passed on a unanimous voice vote with 5 excused – Geary, Hampson, Manthei, Schroeder and Fisher.

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, August 21, 2008 and that it is the whole thereof IN WITNESS THEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED THE OFFICIAL SEAL THIS 28^th DAY OF AUGUST 2008.

Bidder	Bid Amount
Strupp Trucking	$54,250.00
Voss & Sons	$55,997.00

Bidder	Bid Amount
Waterworks Inc	$21,248.00
Port-a-Pier	$30,500.00