LA CROSSE COUNTY BOARD PROCEEDINGS

MONTHLY MEETING

THURSDAY, SEPTEMBER 18, 2008

The La Crosse County Board of Supervisors Monthly Meeting was held on September 18, 2008 in the Administrative Center, Room B410.  Chair Steve Doyle called the meeting to order at 6:00 p.m.  County Clerk Marion I. Naegle took attendance.  All supervisors were present except as noted:

PLEDGE OF ALLEGIANCE

COUNTY BOARD CHAIR REPORT – Steve Doyle

·          Supervisor Conference Reports

o          Southwest International Trade, Business and Economic Development Council:  Supervisor Sebranek reported on the Southwest ITBEC meeting which included such topics as petroleum supply, vegetation changes, world population growth, global warming and consequent Wisconsin manufacturing opportunities in biomass and forestry.

o          Southwest Badger Resource Conservation and Development:  Supervisor Bina reported on a Statewide RC & D event on “going green” and sustainable communities and farms.  Discussions included issues similar to those talked about at Supervisor Sebranek’s ITBEC meeting.  He had the opportunity to tour a local power plant and an ethanol plant.  Several statewide awards were presented, including one he received for “Outstanding Council Member.”  This met with congratulations and a round of applause from the Board.

o          Northern Networks Annual Conference:  Supervisor Benrud, Supervisor Sebranek and James Ehrsam attended, representing La Crosse County ITBEC.  Panel discussions included speakers with extensive and impressive biographs.  The focus was on creative innovations in trade growth with potential foreign countries; free trade is fair trade.

o          Wisconsin Counties Highway Association:  Supervisor Benrud reported on the conference where a major concern was a ten million dollar shortfall in the State of Wisconsin for purchasing salt.  However, this week the Senate and House passed HR6532 which transfers money from the general fund to the Highway Trust Fund to make up for shortfalls which have been predicted for several months due to a downturn in revenue due to decreasing fuel purchases.  in the However, a bill was passed in Washington

o          Women’s Jail Alternative:  Chair Doyle announced that the Community Group – women’s Alternative to Jail’s next meeting is set for Monday, September 29, 2008 at 6:30 p.m. in the County Administrative Center auditorium.  He invited all supervisors to attend.

COUNTY ADMINISTRATOR REPORT – Steve O’Malley

·          United Way:  Administrator O’Malley encouraged each supervisor to contribute.  The County gets many benefits from United Way, primarily through our Human Services Department.

Meeting Dates – LEC:  Because bid deadlines were moved back a week on the LEC addition, some meeting dates have been changed.  A schedule of new dates was included in the supervisor’s packets.

Budget:  The Administrator recommended budget books were placed in the supervisor’s lockers.  The October 6, 2008 planning meeting will be an overall presentation on the budget.

DEPUTY COUNTY ADMINISTRATOR REPORT – Gary Ingvalson

·          Requested RFP’s:  Supervisor Ebert had requested looking into doing RFP’s (Request for Proposals) for our Financial Bonding Advisor and our Bond Counsel.  Ingvalson and O’Malley agree that this should be considered, but not until the 2^nd or 3^rd quarter of next year due to the current financial status of the County.  The process is already in progress for the LEC addition and it’s most economical to stick with our current advisors.  Supervisor Ebert agreed.

CORPORATION COUNSEL REPORT – William Shepherd

·          In response to a request from Supervisor Spiker asking for the vote requirement to be given to supervisors before the Board Meeting, Shepherd met with County Clerk Naegle.  The decision was made to put the vote requirement on the resolution in supervisor’s packets and also in parenthesis at the end of the resolution on the agenda.  If the vote requirement is not listed, it means the resolution only needs a majority vote.  When two-thirds of the Board, three-fourths of the Board or two-thirds of supervisors present is required, it will be noted as such.  Shepherd responded to questions from the Board.

CONSENT AGENDA

Motion by Plesha/Sebranek to approve the minutes of the County Board of Supervisors Monthly Meeting held August 21, 2008 and the County Board Planning Meeting held September 8, 2008 and the Claims List for $22,565,761.10 passed on a unanimous voice vote with 2 excused – Flood and Fisher.

AGENDA ORDER

There was no objection to Supervisor T. Johnson’s request to take Item 6/9 out of order because the Bond counsel was here to answer questions.

RESOLUTION NO. 50-9/08 RE:  RESOLUTION DETERMINING TO ISSUE $8,000,000 AGGREGATE PRINCIPAL AMOUNT OF GENERAL OBLIGATION REFUNDING BONDS, SERIES 2008‑B, OF THE COUNTY OF LA CROSSE, WISCONSIN, PROVIDING DETAILS, PRESCRIBING THE FORM OF BOND, AWARDING THE BONDS TO THE BEST BIDDER, AND LEVYING TAXES

WHEREAS, the County of La Crosse, Wisconsin (the “County”) is authorized by the provisions of Chapter 67, Wisconsin Statutes, as supplemented and amended, to issue bonds for any public purpose and to refund any municipal obligations, including interest on them; and WHEREAS, by initial resolutions duly adopted on August 21, 2008, there have been authorized to be issued not to exceed $8,200,000 general obligation bonds of the County for the public purpose of refunding certain outstanding obligations of the County, including interest thereon; and WHEREAS, it is considered necessary and desirable by the County Board of Supervisors of the County that the County borrow $8,000,000 for the purposes aforesaid and that the County issue its General Obligation Refunding Bonds, Series 2008-B (the “Bonds”) to evidence the indebtedness thereby incurred; and WHEREAS, notice of the sale of such bonds for such purpose was published on August 26, 2008, in The Bond Buyer; and WHEREAS, it is now necessary that said bonds be sold and issued for the public purposes aforesaid in the aggregate principal amount of $8,000,000; and WHEREAS, pursuant to the advertisement aforesaid, sealed bids were received for the purchase of said bonds in said amount until 10:00 A.M., C.T., on September 18, 2008, and are as follows:

and WHEREAS, the bid of Robert W. Baird & Co. of Milwaukee, Wisconsin, at a price of $7,988,710.95, plus accrued interest to the date of delivery, was the best bid submitted, which bid is as follows:  (Here insert or attach a true copy of the Winning Bid).  NOW, THEREFORE, BE IT RESOLVED by the County Board of Supervisors of the County of La Crosse, Wisconsin, as follows:

            Section 1.         Definitions.  For all purposes of this Resolution, except as otherwise expressly provided herein or unless the context otherwise requires, the terms defined in this Section 1 shall have the meanings set forth below, and shall include the plural as well as the singular:

“Bond” or “Bonds” shall mean one or more of the General Obligation Refunding Bonds, Series 2008‑B, authorized to be issued by the County by the terms of this Resolution.

“Bond Register” shall mean the books of the County kept by the Registrar to evidence the registration and transfer of the Bonds.

“Code” means the Internal Revenue Code of 1986, as amended. 

“County” shall mean the County of La Crosse, Wisconsin, and any successor to the duties or functions of the County.

“Governing Body” shall mean the County Board of Supervisors of the County, or such other council, board, commission or body, by whatever name known, which shall succeed to its powers.

“Prior Obligations” means (i) the $9,185,000 aggregate principal amount of General Obligation Law Enforcement Center Refunding Bonds, Series 1998‑A of the County, currently outstanding in the aggregate principal amount of $6,115,000, and (ii) the $3,190,000 aggregate principal amount of General Obligation Refunding Bonds, Series 1998‑B of the County, currently outstanding in the aggregate principal amount of $1,800,000.

“Registrar” shall mean Wells Fargo Bank, National Association, of Minneapolis, Minnesota, or a successor designated as Registrar under this Resolution.

“Resolution” shall mean this resolution as adopted by the Governing Body of the County.

            Section 2.         Authorization.  The issuance of $8,000,000 aggregate principal amount of Bonds is hereby authorized for the purpose of providing funds in the amount of $8,000,000 for public purpose projects of the County, as set out in the preamble to this Resolution.

The Bonds shall be designated “General Obligation Refunding Bonds, Series 2008-B,” shall be dated October 1, 2008, as originally issued, and shall also bear the date of their authentication by the Registrar.  The Bonds shall be in fully registered form, shall be in denominations of $5,000 each and integral multiples thereof (but no single Bond shall represent installments of principal maturing on more than one date), shall be lettered “R” and numbered consecutively starting with the number one, shall mature serially on October 1 of the years, in the principal amounts, and shall bear interest at the rates per annum, as follows:

            Section 3.         Interest; Payment Provisions.  The Bonds shall bear interest from their date or from the most recent interest payment date to which interest has been paid or duly provided for, at the rates set out above, such interest (computed upon the basis of a 360-day year of twelve 30-day months) being payable on April 1 and October 1 of each year, commencing on April 1, 2009.  Interest on each Bond shall be paid by check or draft of the Registrar to the person in whose name such Bond is registered at the close of business on the fifteenth day of the calendar month next preceding the applicable interest payment date.  The principal of each Bond shall be payable in lawful money of the United States of America only upon presentation and surrender of such Bond at the principal corporate trust office of the Registrar in Minneapolis, Minnesota.

            Section 4.         Execution; Authentication.  The Bonds shall be executed on behalf of the County with the manual or facsimile signature of the Chairperson of the County and with the manual or facsimile signature of the County Clerk of the County, and sealed with the official seal of the County or a printed facsimile thereof.  In case any officer whose signature shall appear on any Bond shall cease to be such officer before the delivery of such Bond, such signature shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery.

All Bonds shall have thereon a certificate of authentication substantially in the form hereinafter set forth duly executed by the Registrar as authenticating agent of the County and showing the date of authentication thereof.  No Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this Resolution unless and until such certificate of authentication shall have been duly executed by the Registrar by manual signature, and such certificate of authentication upon any such Bond shall be conclusive evidence that such Bond has been authenticated and delivered under this Resolution.  The certificate of authentication on any Bond shall be deemed to have been executed by the Registrar if signed by an authorized officer of the Registrar, but it shall not be necessary that the same officer sign the certificate of authentication on all of the Bonds issued under this Resolution.

            Section 5.         Registration of Bonds; Persons Treated as Owners.  The County shall cause books (the “Bond Register”) for the registration and for the transfer of the Bonds as provided in this Resolution to be kept at the principal corporate trust office of the Registrar, which is hereby constituted and appointed the registrar of the County with respect to the Bonds herein authorized.

Upon surrender for transfer of any Bond at the principal corporate trust office of the Registrar duly endorsed by, or accompanied by a written instrument or instruments of transfer in form satisfactory to the Registrar duly executed by, the registered owner thereof or his or her attorney duly authorized in writing, the County shall execute and the Registrar shall authenticate, date and deliver in the name of the transferee or transferees a new fully registered Bond or Bonds of the same maturity and interest rate of authorized denomination or denominations, for a like aggregate principal amount.  Any fully registered Bond or Bonds may be exchanged at said office of the Registrar for a like aggregate principal amount of Bond or Bonds of the same maturity and interest rate of other authorized denominations.  The execution by the County of any fully registered Bond shall constitute full and due authorization of such Bond, and the Registrar shall thereby be authorized to authenticate, date and deliver such Bond; provided, however, that the principal amount of the outstanding Bonds authenticated by the Registrar shall never exceed the authorized principal amount of the Bonds, less previous retirements.

The Registrar may, but shall not be required to, transfer or exchange any Bond during the period of fifteen (15) days next preceding any interest payment date on such Bond.

The person in whose name any Bond shall be registered shall be deemed and regarded as the absolute owner thereof for all purposes, and payment of the principal of, premium (if any) or interest on any Bond shall be made only to or upon the order of the registered owner thereof or his legal representative.  All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid.

No service charge shall be made for any transfer or exchange of Bonds, but the County or the Registrar may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection with any transfer or exchange of Bonds.

The County and/or the Registrar may enter into an agreement with a securities depository registered under Section 17A of the Securities Exchange Act of 1934, as amended (the “Securities Depository”), including without limitation The Depository Trust Company, which is the record owner of the Bonds, to establish procedures with respect to Bonds owned by such Securities Depository.  Such agreement may impose additional requirements on the Registrar with respect to the Bonds.

            Section 6.         No Prior Redemption.  The Bonds shall not be subject to redemption prior to maturity. 

Section 7.         Form of Bonds.  The Bonds, the certificate of authentication to be endorsed thereon and the form of assignment to be endorsed thereon are all to be in substantially the following forms with necessary and appropriate variations, omissions and insertions as permitted or required by this Resolution:

(Form of Bond—Front Side)

No. R‑__________                                                                                                $______________

United States of America

State of Wisconsin

County of La Crosse

General Obligation

Refunding Bond, Series 2008-B

Rate of Interest                         Maturity Date                           Dated Date                   CUSIP Number

____________%                     October 1, ____                        October 1, 2008             __________

Registered Owner:

Principal Amount:

know all men by these presents:  That the County of La Crosse in the State of Wisconsin (the “County”), hereby acknowledges itself to owe and for value received promises to pay to the Registered Owner hereinabove identified, or registered assigns as hereinafter provided, on the Maturity Date hereinabove identified, the Principal Amount hereinabove identified and to pay interest (computed on the basis of a 360-day year of twelve 30-day months) on such Principal Amount from the Dated Date hereinabove identified or from the most recent interest payment date to which interest has been paid at the Rate of Interest per annum hereinabove identified on April 1 and October 1 of each year, commencing on April 1, 2009, until said Principal Amount is paid.

The principal of this Bond is payable in lawful money of the United States of America only upon presentation and surrender of this Bond at the principal corporate trust office of Wells Fargo Bank, National Association, in Minneapolis, Minnesota, as registrar and paying agent (the “Registrar”).  Payment of each installment of interest hereon shall be made to the Registered Owner hereof who shall appear on the registration books of the County maintained by the Registrar at the close of business on the fifteenth day of the calendar month next preceding the applicable interest payment date, and shall be paid by check or draft of the Registrar mailed to such Registered Owner at his address as it appears on such registration books or at such other address as may be furnished in writing by such Registered Owner to the Registrar.

Reference is hereby made to the further provisions of this Bond set forth on the reverse side hereof, and such further provisions shall for all purposes have the same effect as if set forth on the front side of this Bond.

It is hereby certified, recited and declared that all acts, conditions and things required to be done, exist, happen and be performed precedent to and in the issuance of this Bond have been done, have existed, have happened and have been performed in due time, form and manner as required by the Constitution and the laws of the State of Wisconsin; that this Bond, together with all other indebtedness of the County, does not exceed any limitation prescribed by law; and that the County has levied a direct annual irrepealable tax sufficient to pay the interest hereon when it falls due and also to pay and discharge the principal hereof at maturity.

The full faith, credit and resources of the County are hereby pledged for the payment of the principal of and interest on this Bond and the issue of which it is a part as the same respectively become due and for the levy and collection of sufficient taxes for that purpose.

This Bond shall not be valid or become obligatory for any purpose until the certificate of authentication hereon shall have been signed by the Registrar.

In Witness Whereof, the County of La Crosse, Wisconsin, by its County Board of Supervisors, has caused this Bond to be executed with the duly authorized manual or facsimile signature of its Chairperson and with the duly authorized manual or facsimile signature of its County Clerk, and its official seal or a facsimile thereof to be impressed or reproduced hereon, as of the Dated Date hereinabove identified.

[Seal]

Certificate of Authentication

This Bond is one of the Bonds described in the within mentioned Resolution, and is one of the General Obligation Refunding Bonds, Series 2008‑B, of the County of La Crosse, Wisconsin.

Date of Authentication:  _____________________

Wells Fargo Bank, National Association, as Bond Registrar

By Authorized Officer

[Form of Bond - Reverse Side]

This Bond is one of an authorized issue of General Obligation Refunding Bonds, Series 2008‑B, aggregating the principal amount of $8,000,000 (the “Bonds”) issued for the purpose of refunding certain outstanding obligations of the County, pursuant to and in all respects in compliance with Chapter 67, Wisconsin Statutes, as supplemented and amended and a resolution adopted by the County Board of Supervisors of the County on September 18, 2008 (the “Resolution”).

The Bonds are not subject to redemption prior to maturity.

This Bond is transferable by the Registered Owner hereof in person or by his attorney duly authorized in writing at the principal corporate trust office of the Registrar in Minneapolis, Minnesota, but only in the manner, subject to the limitations and upon payment of the charges provided in the authorizing resolution, and upon surrender and cancellation of this Bond.  Upon such transfer a new Bond or Bonds of the same maturity and interest rate of authorized denomination or denominations and for a like aggregate principal amount will be issued to the transferee in exchange for this Bond.

The Bonds are issuable in fully registered form in denominations of $5,000 each and integral multiples thereof.  This Bond may be exchanged at the principal corporate trust office of the Registrar for a like aggregate principal amount of Bonds of the same maturity of other authorized denominations, upon the terms set forth in the authorizing resolution.

The County and the Registrar may deem and treat the registered owner hereof as the absolute owner hereof for the purpose of receiving payment of or on account of principal hereof and interest due hereon and for all other purposes and neither the County nor the Registrar shall be affected by any notice to the contrary.

*          *          *

The following abbreviations, when used in the inscription on the face of the within Bond, shall be construed as though they were written out in full according to applicable laws or regulations:

Additional abbreviations may also be used though not listed above.

Assignment

For Value Received, the undersigned hereby sells, assigns and transfers unto

(Name and Address of Assignee)

the within Bond, and does hereby irrevocably constitute and appoint _______________________ _____________________________________________________, or its successor as Registrar, to transfer the said Bond on the books kept for registration thereof with full power of substitution in the premises.

Dated:  _________________________

            ________________________________________________

Notice:            The signature to this Assignment must correspond with the name of the registered owner as it appears upon the face of the within Bond in every particular, without alteration or enlargement or any change whatever.

Signature guaranteed:  ____________________________

Notice:            Signature(s) must be guaranteed by an “eligible guarantor institution” meeting the requirements of the Registrar, which requirements include membership or participation in STAMP or such other “signature guaranty program” as may be determined by the Registrar in addition to or in substitution for STAMP, all in accordance with the Securities Exchange Act of 1934, as amended.

            Section 8.         Sale of Bonds.  The sale of the Bonds to Robert W. Baird & Co., of Milwaukee, Wisconsin, at the price of $7,988,710.95 plus accrued interest to the date of delivery, is hereby confirmed.  The County Treasurer of the County is hereby authorized to deliver the Bonds to said purchasers upon payment of the purchase price.

            Section 9.         Tax Levy.  In order to provide for the collection of a direct annual tax sufficient to pay the interest on the Bonds and to pay and discharge the principal thereof at maturity, there is hereby levied upon all the taxable property in the County of La Crosse, Wisconsin, a direct annual tax in amounts sufficient for that purpose, and there is hereby levied upon all taxable property in the County the following direct annual tax in each of the years and amounts, to-wit:

In each of said years from 2008 to 2013, inclusive, the direct annual tax above levied shall be extended upon the tax rolls of the County in the same manner and time as taxes for general County purposes, and when collected the proceeds of said taxes shall be deposited into the account of the debt service fund established in favor of the Bonds, to be used solely for paying the principal of and interest on the Bonds as long as any of the Bonds remain outstanding.

            Section 10.       Sufficiency.  Interest or principal maturing at any time during the life of the Bonds when there shall be insufficient funds on hand from the above tax levy to pay the same shall be paid promptly when due from the general fund of the County, and said fund shall be reimbursed in a like amount out of the proceeds of taxes hereby levied when the same shall have been collected.

            Section 11.       Debt Service Fund.  There has been ordered to be established in the County Treasury a fund separate and distinct from all other funds of the County to be designated the “Debt Service Fund,” which fund shall be used solely for the purpose of paying principal of, premium, if any, and interest on municipal obligations issued pursuant to Chapter 67, Wisconsin Statutes, as supplemented and amended.  There is hereby created, and there shall be deposited in, an account known as the “Series 2008‑B General Obligation Refunding Bond Account,” to be held as a part of the Debt Service Fund, all money raised by taxation pursuant to Section 10 hereof, and such other sums as may be necessary to pay interest on the Bonds when the same shall become due and to retire the Bonds at their respective maturity dates.

            Section 12.       Use of Proceeds; No Arbitrage; Bonds to Remain in Registered Form; Reimbursement.  The principal proceeds of the Bonds shall be deposited in a special fund, and used solely for the purpose of refunding the Prior Bonds.

The County recognizes that the purchasers and owners of the Bonds will have accepted them on, and paid therefor a price which reflects, the understanding that interest thereon is excludible from Federal gross income of the owners thereof under laws in force at the time the Bonds shall have been delivered.  In this connection, the County agrees that it shall take no action which may render the interest on any of the Bonds includible in Federal gross income of the owners thereof.  The County agrees that, to the extent possible under state law, it will comply with whatever Federal law is adopted in the future which applies to the Bonds and affects the tax-exempt status of the interest on the Bonds.

The Chairperson, the County Clerk, the Finance Director and the County Treasurer of the County, or any of them, are hereby authorized to execute on behalf of the County a Tax Exemption Certificate and Agreement to assure the purchasers and owners of the Bonds that the proceeds of the Bonds are not expected to be used in a manner which would or might result in the Bonds being “reimbursement bonds” issued in contravention of Section 1.103‑18 of the United States Treasury Department Regulations (the “Regulations”) or “arbitrage bonds” under Section 148 of the Code or the Regulations currently in effect or proposed.  Such Tax Exemption Certificate and Agreement shall constitute a representation, certification and covenant of the County, and shall be incorporated herein by reference, and no investment of Bond proceeds or of moneys accumulated to pay the Bonds herein authorized shall be made in violation of the expectations prescribed by said Tax Exemption Certificate and Agreement.  Such Tax Exemption Certificate and Agreement shall constitute an agreement of the County to follow certain covenants which may require the County to take certain actions (including the payment of certain amounts to the United States Treasury) or which may prohibit certain actions (including the establishment of certain funds) under certain conditions as specified in such Tax Exemption Certificate and Agreement.

The County further recognizes that Section 149(a) of the Code requires the Bonds to be issued and to remain in fully registered form in order that the interest thereon is excludible from Federal gross income of the owners thereof under laws in force at the time the Bonds are delivered.  In this connection, the County agrees that it will not take any action to permit the Bonds to be issued in, or converted into, bearer or coupon form.

            Section 13.       Duties of Registrar.  If requested by the Registrar, the Chairperson of the County is hereby authorized to execute, and the County Clerk of the County is hereby authorized to attest, and said Chairperson and County Clerk are hereby authorized to deliver, the Registrar’s standard form of agreement between the County and the Registrar with respect to the obligations and duties of the Registrar hereunder which shall include the following:

            (a)        to act as Registrar, authenticating agent, paying agent and transfer agent as provided herein;

            (b)        to cancel and destroy Bonds which have been paid at maturity or submitted for exchange or transfer;

            (c)        to furnish the County at least annually a certificate of destruction with respect to Bonds cancelled and destroyed; and

            (d)        to furnish the County at least annually an audit confirmation of Bonds paid, Bonds outstanding and payments made with respect to interest on the Bonds.

            Section 14.       Continuing Disclosure Undertaking.  The Chairperson or the Finance Director of the County is hereby authorized, empowered and directed to execute and deliver the Limited Continuing Disclosure Undertaking with respect to the Bonds (the “Continuing Disclosure Undertaking”) in substantially the form as the individual executing the Continuing Disclosure Undertaking on behalf of the County shall approve, his execution to constitute conclusive evidence of his approval of the form of such Continuing Disclosure Undertaking.  When the Continuing Disclosure Undertaking is executed and delivered on behalf of the County as herein provided, the Continuing Disclosure Undertaking will be binding on the County and the officers, employees and agents of the County, and the officers, employees and agents of the County are hereby authorized, empowered and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of the Continuing Disclosure Undertaking, as executed.  Copies of the Continuing Disclosure Undertaking shall be placed in the official records of the County, and shall be available for public inspection at the offices of the County.  Notwithstanding any other provision of this Resolution to the contrary, the sole remedies for failure to comply with the Continuing Disclosure Undertaking shall be the ability of any beneficial owner of any Bond to seek mandamus or specific performance by court order, to cause the County to comply with its obligations under the Continuing Disclosure Undertaking.

            Section 15.       Other Documents.  The Chairperson, the County Clerk, the County Treasurer, the Finance Director and all other officers of the County are hereby authorized to execute all documents and certificates necessary in connection with the authorization and delivery of the Bonds, including without limitation an official statement describing the Bonds and the County.

            Section 16.       Prior Action.  The action of the Finance Director of the County in causing the notice of the sale of the Bonds to be published is hereby in all respects ratified and confirmed.

            Section 17.       Severability.  If any section, paragraph or provision of this Resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability or such section, paragraph or provision shall not affect any of the remaining sections, paragraphs and provisions of this Resolution.

            Section 18.       Conflicting Proceedings Superseded.  All ordinances, resolutions or orders, or parts thereof, heretofore enacted, adopted or entered, in conflict with the provisions of this Resolution, shall be and in the same are hereby superseded to the extent of such conflict, and this Resolution shall be in effect from and after its passage.

Adopted September 18, 2008.  Approved September 18, 2008.  Recorded September 18, 2008.

STEVEN P. DOYLE, CHAIRPERSON

MARION I. NAEGLE, COUNTY CLERK

Supervisor T. Johnson read the Springsted bid handout.  Motion by T. Johnson/Richmond to approve the resolution.  Finance Director Ingvalson spoke to the bonds and taking advantage of lower interest rates.  Brenda Krueger spoke on behalf of Springsted.  Even though we are borrowing a large amount of money for the LEC addition, La Crosse County has excellent ratings (Double A2).  She congratulated the County for this excellent rating.  She explained that the interest rate is higher than anticipated due to the market.  We will still have approximately $30,000 a year in savings because of our rating.  Total savings should be around $216,000.  Discussion ensued and Krueger responded to questions from the Board.  The motion to approve required two-thirds of the supervisors present and passed on a unanimous voice vote with 2 excused - Flood and Fisher.

ZONING ORDINANCE NO. Z189-9/08  RE:  PETITION NO. 1789 FILED BY GORDON R. AND CAROL J. KNUDSON TO REZONE FROM TRANSITIONAL AGRICULTURAL DISTRICT TO RESIDENTIAL DISTRICT “A” IN THE TOWN OF HOLLAND

The La Crosse County Planning, Resources and Development Committee, having considered Petition No. 1789 to amend the La Crosse County Zoning Ordinance filed by:  Gordon R. & Carol J. Knudson 507 Russell Dr N Holmen WI 54636 and having held a public hearing on the 2^nd day of September, 2008 to rezone from Transitional Agricultural District to Residential District “A” the following described land in the Town(s) of Holland.  Lot 1 of Certified Survey Map No. 107 in Volume 9, Town of Holland.  And pursuant to s. 59.69 Wis. Stats.: the Committee did publish and receive proof of a Class II notice of the hearing; did receive receipts of mailing of the notices to the affected Town Clerk(s); did hold a public hearing to hear testimony and official correspondence; and, did receive and consider action from the affected Town Board(s).  The Committee, under s. 59.69(5)(e)4, Wis. Stats., has the authority to approve the petition as submitted; to disapprove of the petition; or, to modify and approve the petition.  Having considered the entire record the Committee’s recommendation is to:  APPROVE.  By a vote of 6 in favor, 1 excused – Keil, the Committee recommended approval of this rezone to the Residential 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 18^th day of September, 2008:  Approved the petition as submitted, becomes an ordinance.

PLANNING, RESOURCES AND DEVELOPMENT COMMITTEE

Motion by Meyer/Manthei to approve passed on a unanimous voice vote with 2 excused - Flood and Fisher.

ZONING ORDINANCE NO. Z190-9/08 RE:  PETITION NO.1790 TO AMEND THE LA CROSSE COUNTY ZONING ORDINANCE FILED BY KENNETH AND BARBARA WOLF TO REZONE FROM EXCLUSIVE AGRICULTURAL DISTRICT TO COMMERCIAL DISTRICT “B” IN THE TOWN OF BANGOR

The La Crosse County Planning, Resources and Development Committee, having considered Petition No. 1790 to amend the La Crosse County Zoning Ordinance filed by: Kenneth & Barbara Wolf N4381 F. Schroeder Rd Bangor WI 54614  And having held a public hearing on the 2^nd day of September, 2008 to rezone from Exclusive Agricultural District to Commercial District “B” the following described land in the Town(s) of Bangor:  Part of the S½-NW-NE of Section 8, T 16 N, R 5 W lying East of State Road 162; West of Dutch Creek and North of the following line:  Commencing at the North ¼ corner of said Section 8, thence S 05°17’05”E 968.52’ to the East right-of-way line of State Road 162 and the point of beginning of this line description:  thence N88°21’39”E 135.33’; thence S85°26’35”E 86.65’; thence N86°44’18”E 275.37’; thence N38°19’23”E 61’, more or less, to the centerline of Dutch Creek and the terminus of this line description.  Together with and subject to a 35’ wide easement for ingress and egress located in the NW-NE in said Section 8, the centerline of which is described as follows:  Commencing at the North ¼ corner of said Section 8, thence S05°17’05”E 968.52’ to the East right-of-way line of State Road 162 and the point of beginning of this centerline description:  thence N88°21’39”E 135.33’; thence S85°26’35”E 86.65’; thence N86°44’18”E 28.00’ to the terminus of this centerline description.  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:  CONDITIONAL APPROVAL.  By a vote of 6 in favor, 1 excused – Keil, the Committee recommended conditional Commercial District “B” subject to the Town of Bangor holding the public participation hearing portion of the planning process for this parcel prior to the rezoning taking effect.  (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 18^th day of September, 2008:  Approved the petition with amendments/conditions, becomes an ordinance, after recording conditions.

PLANNING, RESOURCES AND DEVELOPMENT COMMITTEE

Motion by Meyer/Bina to approve passed on a unanimous voice vote with 2 excused - Flood and Fisher and 1 absent at voting - Sebranek.

RESOLUTION #51-9/08  RE:  BOARD OF COMMISSIONERS OF PUBLIC LANDS OF WISCONSIN STATE TRUST FUND LOAN APPLICATION

We, the undersigned chairman and clerk of the County of La Crosse, Wisconsin, in accordance with the provisions of Chapter 24 of the Wisconsin Statutes, do hereby make application for a loan of Seven Hundred Sixty Thousand Eight Hundred Ninety Eight And 00/100 Dollars ($760,898.00) from the Trust Funds of the State of Wisconsin for the purpose of financing a portion of the infrastructure for the Lakeview Business Park and also repay loans from the county’s general fund.  The loan is to be continued for a term of 10 years from the 15^th day of March preceding the date the loan is made.  The loan is to be repaid in annual installments, as provided by law, with interest at the rate of 4.25 percent per annum.  We agree to the execution and signing of such certificates of indebtedness as the Board may prepare and submit, all in accordance with Chapter 24, Wisconsin Statutes.  The application is based upon compliance on the part of the County with the provisions and regulations of the statutes above referred to, as set forth by the following statements which we do hereby certify to be correct and true.  The meeting of the supervisors of the County of La Crosse Wisconsin, which approved and authorized this application for a loan was a regularly called meeting held on the 18^th day of September, 2008.  At the aforesaid meeting a resolution was passed by a majority vote of the members of the board of supervisors approving and authorizing an application to the Board of Commissioners of Public Lands, State of Wisconsin, for a loan of Seven Hundred Sixty Thousand Eight Hundred Ninety Eight And 00/100 Dollars ($760,898.00) from the Trust Funds of the State of Wisconsin to the County of La Crosse, Wisconsin, for the purpose of financing a portion of the infrastructure for the Lakeview Business Park and also repay loans from the county’s general fund.  That at the same time and place, the board of supervisors of the County of La Crosse by a majority vote of the members, adopted a resolution levying upon all the taxable property in the county, a direct annual tax sufficient in amount to pay the annual installments of principal and interest, as they fall due, all in accordance with Article XI, Sec. 3 of the constitution and Sec. 24.66(5), Wisconsin Statutes.  A copy of the aforesaid resolutions, certified to by the clerk, as adopted at the meeting, and as recorded in the minutes of the meeting, accompanies this application.  A statement of the equalized valuation of all the taxable property within the County of La Crosse certified to by the clerk, accompanies this application.

FORM OF RECORD

The following preamble and resolutions were presented by Supervisor T. Johnson and were read to the meeting.

By the provisions of Sec. 24.66 of the Wisconsin Statutes, all municipalities may borrow money for such purposes in the manner prescribed, and, by the provisions of Chapter 24 of the Wisconsin Statutes, the Board of Commissioners of Public Lands of Wisconsin is authorized to make loans from the State Trust Funds to municipalities for such purposes, (Municipality as defined by Sec. 24.60(2) of the Wisconsin Statutes means a town, village, city, county, public inland lake protection and rehabilitation district, town sanitary district created under Sec. 60.71 or 60.72 metropolitan sewerage district created under Sec. 200.05 or 200.23, joint sewerage system created under Sec. 281.43(4), school district or technical college district.)  THEREFORE, BE IT RESOLVED, that the County of La Crosse Wisconsin, borrow from the Trust Funds of the State of Wisconsin the sum of Seven Hundred Sixty Thousand Eight Hundred Ninety Eight and 00/100 Dollars ($760,898.00) for the purpose of financing a portion of the infrastructure for the Lakeview Business Park and also repay loans from the county’s general fund and for no other purpose.  The loan is to be payable within 10 years from the 15^th day of March preceding the date the loan is made.  The loan will be repaid in annual installments with interest at the rate of 4.25 percent per annum from the date of making the loan to the 15^th day of March next and thereafter annually as provided by law.  RESOLVED FURTHER, that there shall be raised and there is levied upon all taxable property, within the County of La Crosse, Wisconsin, a direct annual tax for the purpose of paying interest and principal on the loan as they become due.  RESOLVED FURTHER, that no money obtained by the County of La Crosse by such loan from the state be applied or paid out for any purpose except financing a portion of the infrastructure for the Lakeview Business Park and also repay loans from the county’s general fund without the consent of the Board of Commissioners of Public Lands.  RESOLVED FURTHER, that in case the Board of Commissioners of Public Lands of Wisconsin agrees to make the loan, that the chairman and clerk of the County of La Crosse, Wisconsin, are authorized and empowered, in the name of the county to execute and deliver to the Commissions, certificates of indebtedness, in such form as required by the Commission, for any sum of money that may be loaned to the county pursuant to this resolution.  The chairman and clerk of the county will perform all necessary actions to fully carry out the provisions of Chapter 24, Wisconsin Statutes, and these resolutions.  RESOLVED FURTHER, that this preamble and these resolutions and the aye and no vote by which they were adopted, be recorded, and that the clerk of this county forward this certified record, along with the application for the loan, to the Board of Commissioners of Public Lands of Wisconsin.

STEVEN P. DOYLE, COUNTY BOARD CHAIR

MARION I. NAEGLE, COUNTY CLERK

Motion by T. Johnson/Burke to approve.  Auditor/Finance Director and Deputy County Administrator Ingvalson spoke to the resolution and explained how we need to consolidate and pay off a number of loans for the Lakeview Business Park.  The purpose is to get the County’s money back and have the business park be self sufficient.  We are applying through the State Trust Fund.  Ingvalson responded to questions from the Board.  Community Development Specialist Fukuda answered questions on the investment of the park.  He also explained the handout on the Lakeview Business Park Financial Report – September 2008.  Discussion with questions and answers ensued.   Motion by Ebert/Sebranek to hold over for 30 days so supervisors could get more information.  Discussion ensued.  Motion by Burke/Medinger to close debate passed on a voice vote with 31 ayes and 2 nays – Geary and Freedland with 2 excused - Flood and Fisher.  The motion to refer failed on a voice vote with 5 ayes and 28 nays with 2 excused – Flood and Fisher.  Those voting nay to refer were Richmond, Veenstra, J. Johnson, Billings, Plesha, Freedland, Hampson, Wood, Kader, Brockmiller, Medinger, Mach, Meyer, T. Johnson, Keil, Bina, Manthei, Gamroth, L. Pfaff, Burke, Pedretti, Doyle, B. Pfaff, Spiker, Benrud, Berns, Rauk and Bilskemper.  Discussion on the original motion continued.  The motion to approve passed on a roll call vote with 29 ayes and 4 nays – Plesha, Geary, Ebert and Erickson with 2 excused - Flood and Fisher.

RESOLUTION #52-9/08 RE:  AUTHORIZING THE TRANSFER OF PRIOR YEARS EXCESS INVESTMENT INTEREST EARNINGS FROM THE UNDESIGNATED GENERAL FUND ACCOUNT FOR THE PURPOSE OF ESTABLISHING AN “INTEREST REVENUE STABILIZATION FUND” RESERVE

WHEREAS, the La Crosse County Treasurer and Finance Department invest excess funds in investment vehicles as provided and governed by Wisconsin State Statutes; and, WHEREAS, due to significant and frequent fluctuations in interest rates during the most recent years, it has become difficult to project annual interest earnings and prepare yearly budgets; and, WHEREAS, in the years 2005, 2006, and 2007 the County received a total of $3,551,445 in excess interest earnings over the projected budgets; and, WHEREAS, these additional interest earnings are the main contributing factor for growth in Undesignated General Fund Balance over the past 3 years; and, WHEREAS, due to the fact that interest rates have dropped significantly since the beginning of 2008, the 2008 interest budget will be approximately $1,000,000 short by the end of 2008; and, NOW THEREFORE BE IT RESOLVED, that the La Crosse County Board recognize that approximately $1,000,000 of the existing Undesignated General Fund Balance will be needed to satisfy the 2008 projected shortfall.  BE IT FURTHER RESOLVED, that the La Crosse County Board transfer an additional $2,500,000 from the Undesignated General Fund Balance account to an Interest Revenue Stabilization Reserve account to be utilized in future years to help stabilize the potential significant swings in actual interest earnings.  BE IT FURTHER RESOLVED, that any shortfalls of interest earnings in future years beyond 2008 will be funded from this reserve account and any excess interest earnings in future years will be added to this reserve account.

FISCAL NOTE: The 12-31-07 balance in the Undesignated General Fund account was $16,948,307 which represents 58.8% of actual 2007 General Fund expense.  Reducing this balance by $3,500,000 will reduce this percentage to 46.7% which is still within County Ordinance requirement of 40 to 50% range.

EXECUTIVE COMMITTEE

Motion by T. Johnson/Burke to approve.  Discussion ensued.  The motion to approve passed on a unanimous voice vote with 2 excused - Flood and Fisher.

RESOLUTION #53-9/08 RE: ACKNOWLEDGE “THE BEST OF PUBLIC SERVICE”

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

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

STEVEN P. DOYLE, COUNTY BOARD CHAIR

MARION I. NAEGLE, COUNTY CLERK

Motion by T. Johnson/Wood to approve passed on a voice vote with 32 ayes and 1 nay - Erickson with 2 excused - Flood and Fisher.

TABLED RESOLUTION

RE:  REFERENDUM QUESTION REGARDING COUNTY FINANCIAL SUPPORT OF UW-LA CROSSE STADIUM PROJECT

WHEREAS, the 2008 County Budget included a contribution of $25,000 designated from the Sales Tax Reserve to support the UW- La Crosse Stadium Project with the intention that this amount would be an annual appropriation by La Crosse County for a total of 10 years, however, the County Board recognized that it cannot require future County Board’s to fulfill the 10 year commitment; and, WHEREAS, the 2006-2008 La Crosse County Board passed Resolution #89-1/08 on January 17, 2008  supporting the UW-La Crosse Stadium Project and encouraging future County Boards to include $25,000 each year in the annual budget from sales tax revenue through the 2017 budget; and, WHEREAS, the following advisory referendum question is an effective way to determine whether the citizens of La Crosse County support future County Boards in fulfilling the 10 year commitment to the UW-La Crosse Stadium Project by including an annual appropriation of $25,000 from sales tax revenue.  NOW THEREFORE BE IT RESOLVED, that the La Crosse County Board hereby directs the County Clerk to place the following question on the November ballot as an advisory referendum question:

            “Shall the La Crosse County Board include $25,000 each year for the UW-La Crosse Stadium Project in the annual budget through the 2017 budget to be paid from sales tax revenue?”

FISCAL NOTE:  The County Clerk estimates that this referendum will cost at least $3,000 for publication in the La Crosse Tribune and added printing costs associated with including the advisory referendum on the November election ballots.

The Executive Committee held a special Committee meeting before the Board meeting to consider this resolution, but it was tabled in Committee.  Therefore, per Corporation Counsel William Shepherd, it was not presented to the full Board.

FAILED TO RECONSIDER

RESOLUTION RE: REFERENDUM QUESTION REQUESTING STATE LEGISLATIVE ACTION ON HEALTHCARE ON THE NOVEMBER BALLOT

Motion by Ebert/Schroeder to reconsider Resolution #40-8/08 which was passed at the August 21, 2008 Monthly Meeting of the County Board.  Ebert noted that he doesn’t think this resolution should go to referendum because almost the exact wording went to referendum in 2006 and passed overwhelmingly, so we know how the public feels.  Corporation Counsel Shepherd explained that the motion to reconsider had to be voted on first before there would be discussion on the resolution.  The motion to reconsider failed on a roll call vote with 13 ayes and 20 nays with 2 excused – Flood and Fisher.  Those voting nay were Plesha, Hampson, Wood, Billings, L. Pfaff, Medinger, Rauk, Keil, Mach, Manthei, Gamroth, Pedretti, Benrud, Meyer, T. Johnson, Burke, Doyle, Kader, B. Pfaff and Brockmiller.

FIRST CONSIDERATION OF AN ORDINANCE

JUDICIARY AND LAW COMMITTEE; EXECUTIVE COMMITTEE:  ORDINANCE  #67 TO REPEAL S. 1.55(2)(c) AND CREATE S. 1.77 TO BE ENTITLED “JOINT CITY/COUNTY EMERGENCY MEDICAL SERVICES COMMISSION” OF THE GENERAL CODE OF LA CROSSE COUNTY, WISCONSIN

As this was a first consideration, action on the ordinance is referred for 30 days.  Motion by Spiker/Ebert to hold a public hearing on the ordinance.  Chair Doyle agreed and said this won’t come back to the Board until the City has acted, so it could be referred for longer than 30 days.  The ordinance is on file and open for public inspection in the office of the County Clerk and on the La Crosse County web site at: www.co.la-crosse.wi.us.  Upon adoption and publication it will be incorporated into the La Crosse County General Code of Ordinances.

FUTURE AGENDA ITEMS

·          Cost of Visiting Campaigns:  Supervisor Medinger feels the County should have a rule in place to charge campaigns that come to the area causing police and others to need additional staff.  Chair Doyle noted that it is too late for this year, but a good idea.   

·          Venison Donations:  Supervisor L. Pfaff, as County Representative on the Wildlife Abatement Committee, explained the deer donation procedures.  Last year the County’s General Fund gave $10 per deer processed toward the cost of processing.  Because there are less people willing to process the deer for a small amount of money he is asking $20 per deer this year.  The venison goes to food pantries and people in need.  Chair Doyle advised that he should refer the request to the Planning, Resources and Development Committee.

·          Freedom Flight:  Supervisor Schroeder noted that the Freedom Flight taking the veterans to Washington is full and will be leaving October 8^th.  He also noted that the upcoming June flight is half full already.

ADJOURN

Motion by Sebranek/Brockmiller to adjourn at 7:50 p.m. passed on a unanimous voice vote with 2 excused – Flood 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, September 18, 2008 and that it is the whole thereof IN WITNESS THEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED THE OFFICIAL SEAL THIS 29^th DAY OF SEPTEMBER 2008.