COUNTY BOARD OF SUPERVISORS
COUNTY COURTHOUSE
311 N. Main Street
Shawano, WI 54166COUNTY BOARD MEETING
DATE:WEDNESDAY, FEBRUARY 23, 2011 TIME: 9:00 A.M.
MEMBERS:John Ainsworth, Steven Breaker, Ken Capelle, Dorothy Dorow, Jerry Erdmann, Ray Faehling, John Gallagher, Richard Giese, Steve Gueths, Gene Hoppe, Bert A. Huntington, Dennis Knaak, Robert Krause, Bill Letter, Kathy Luebke, Milton Marquardt, Thomas Martell, Michael McClelland, Deb Noffke, Marlin Noffke, Bonnie Olson, Sandy Polzin, Cliff Powers, Sandra Steinke, Rosetta Stern, Wayne Thoma, Arlyn Tober, Marion Wnek, Randy Young and Jon Zwirschitz
PLACE: County Board Room – Upper Level of Courthouse
ACCOMMODATIONS DUE TO DISABILITY CAN BE MADE BY CALLING 715-526-9150
AGENDA
1.ROLL CALL.
2.SILENT MEDITATION AND PLEDGE OF ALLEGIANCE.
3.APPROVAL OF THE JANUARY COUNTY BOARD MINUTES.
4.PUBLIC COMMENTS.
5.CHAIRMAN’S REPORT.
6.PETITIONS AND COMMUNICATIONS TO THE COUNTY BOARD.
7.MOTION TO DEVIATE FROM THE ORDER OF THE AGENDA, IF NECESSARY.
8.RESOLUTION NO. 6-11 THANKING PATRICIA FRITZ FOR 38+ YEARS OF SERVICE TO THE RESIDENTS OF SHAWANO COUNTY.
9.IT IS ANTICIPATED THAT A MOTION WILL BE MADE AND SECONDED TO GO INTO CLOSED SESSION PURSUANT TO SECTION 19.85(1)(C) OF THE WISCONSIN STATUTES TO DISCUSS EMPLOYMENT ISSUES CONCERNING THE POTENTIAL APPOINTMENT OF THE NEW PUBLIC HEALTH OFFICER.
10.IT IS ANTICIPATED THAT A MOTION WILL BE MADE AND SECONDED TO COME OUT OF CLOSED SESSION, ADDRESS AN ISSUES NECESSARY ARISING OUT OF THE CLOSED SESSION IF NECESSARY, AND CONTINUE WITH THE AGENDA DISCUSSION AND POSSIBLE ACTION TO APPOINT NEW PUBLIC HEALTH OFFICER.
11.RESOLUTION NO.7-11 TO APPOINT VEERINDER (VINNY) TANEJA AS THE NEW HEALTH OFFICER/DIRECTOR OF PUBLIC HEALTH FOR SHAWANO COUNTY.
12.RESOLUTION NO. 8-11 TO APPROVE THE FIXED BASE OPERATOR’S AGREEMENT BETWEEN THE SHAWANO CITY COUNTY AIRPORT COMMISSION AND SHAWANO FLYING SERVICE. (SEE AGREEMENT)
13.RESOLUTION NO. 9-11 TO AUTHORIZE THE PURCHASE OF PROPERTY NECESSARY FOR THE OPERATION AND IMPROVEMENT OF THE CITY-COUNTY AIRPORT. THERE SHALL BE NO COST TO THE COUNTY.
14.RESOLUTION NO. 10-11 TO REDUCE THE SIZE OF THE COUNTY BOARD EFFECTIVE WITH THE 2012 SPRING ELECTION.
15. REPORT BY FINANCE COMMITTEE ON GENERAL ACCOUNTS.
16.APPROVE THE COMMITTEE MINUTES AS SUBMITTED WITH THE AGENDA.
17.SPECIAL ORDERS, APPOINTMENTS OR NEW BUSINESS TO BE CONSIDERED AT A FUTURE BOARD MEETING.
EMERGENCY FIRE WARDENS.
NICOLET LIBRARY BOARD: Appoint Marsha Hoeffs, City of Shawano resident, to the Nicolet Federated Library System as a Member At-Large. Term is for three years ending December 2013.(Replaces retiring MaryHelenMontoure)
Re-appoint Rosetta Stern to the Nicolet Federated Library Board as a Member At Large for a two-year term ending December 2011.
18.PUBLIC COMMENTS OR CONCERNS BY COUNTY BOARDSUPERVISORS.
19. APPROVE THE REPORT OF COUNTY BOARD MILEAGE AND PER DIEM
FOR TODAY’S MEETING.
20.ADJOURNMENT.
RESOLUTION NO. 6-11
THANKING PATRICIA FRITZ FOR 38+ YEARS OF SERVICE
TO THE RESIDENTS OF SHAWANO COUNTY
WHEREAS, Jailer Patricia Fritz began her law enforcement career with the Shawano County Sheriff’s Department the Fall of 1972 as a part-time Matron in the Jail Division; and
WHEREAS, Patricia Fritz became a full-time Jailer on January 1, 1986; and
WHEREAS, Patricia Fritz has given almost 39 years to protecting the lives, security and property of the inmates of the Shawano County Jail; and
WHEREAS, Patricia Fritz has been a devoted employee to Shawano County; and
WHEREAS, Patricia Fritz retired from the Sheriff’s Department, Jail Division, on January 14, 2011.
NOW, THEREFORE, BE IT RESOLVED BY THE SHAWANO COUNTY BOARD OF SUPERVISORS in session this 23rd day of February, 2011, that the County of Shawano publicly thanks Jailer Patricia Fritz for over 38 years of service to the residents of Shawano County.
Submitted by,Ken Capelle
Steven Breaker
Steve Gueths
Mike McClelland
Arlyn Tober
PUBLIC SAFETY COMMITTEE
Vote: 5 Yes; 0 No; 0 Absent
FISCAL NOTE:
No fiscal impact.
Diane L. Rusch, Finance Director
LEGAL NOTE:
Requires majority vote of the County Board.
Tony A. Kordus, Corporation Counsel
ADMINISTRATIVE NOTE:
Support.
Frank R. Pascarella, Administrative Coordinator
RESOLUTION NO. 7 -11
TO APPOINT VEERINDER (VINNY) TANEJA AS THE HEALTH OFFICER/DIRECTOR OF PUBLIC HEALTH
WHEREAS, the position of Health Officer/Director of Public Health became vacant through the retirement of Jan Lewellyn; and
WHEREAS, the position was advertised, following which 8 applications were received, and 3 applicants were interviewed; and
WHEREAS, pursuant to Chapter 251 of the Wisconsin Statutes, the Health Officer/Director of Public Health shall be appointed by the Chairperson of the County Board of Supervisors, subject to confirmation by the County Board of Supervisors; and
WHEREAS, Veerinder (Vinny) Taneja has been appointed the new Health Officer/Director of Public Health for Shawano County; and
WHEREAS, Mr. Taneja graduated from Eastern Kentucky University with a Master’s degree of Public Health, Majoring in Community Health, and was previously employed as an Epidemiologist with the City of Milwaukee; and
WHEREAS, Mr. Taneja has accepted the position of Health Officer/Director of Public Health, subject to confirmation by the County Board of Supervisors.
NOW, THEREFORE, BE IT RESOLVED BY THE SHAWANO COUNTY BOARD OF SUPERVISORS in session this 23rd day of February, 2011, that it confirms the appointment of Veerinder (Vinny) Taneja as the new Health Officer/Director of Public Health for Shawano County, with a starting date of March 31, 2011.
BE IT FURTHER RESOLVED that the County will pay Mr. Taneja an annual salary of $76,000, based on Grade 25 of the County non-represented pay plan.
BE IT FURTHER RESOLVED that, in addition, the County will pay Mr. Taneja a $4,500 lump sum payment to help defray costs associated with COBRA, moving, etc., and that 112.5 hours will be placed in his PTO bank at the start of his employment with the County, and thereafter, for PTO purposes, Mr. Taneja will be considered at year 5 of employment, and will accrue PTO at the .1188 multiplier.
Submitted by,Gerald Erdmann
COUNTY BOARD CHAIRMAN
FISCAL NOTE:
Annualized fiscal impact is as follows:
Salary / $ 76,000Fringe benefits / 35,426
Annual cost / 111,426
One-time lump sum payment / 4,500
$ 115,926
Diane L. Rusch
Finance Director
LEGAL NOTE:
Requires majority vote of the County Board.
Tony A. Kordus
Corporation Counsel
ADMINISTRATIVE NOTE:
Support.
Frank R. Pascarella
Administrative Coordinator
RESOLUTION NO. 8-11
TO APPROVE THE FIXED BASE OPERATOR’S AGREEMENT
BETWEEN THE SHAWANO CITY-COUNTY AIRPORT COMMISSION AND SHAWANO FLYING SERVICE
WHEREAS, pursuant to § 114.11, Wis. Stats., the Shawano City-County Airport Commission is authorized to operate and manage the Shawano City-County Municipal Airport, which includes aeronautical navigation facilities; and
WHEREAS, the Shawano City-County Airport Commission desires to lease to Shawano Flying Service certain premises located on said airport, as described in the attached agreement; and
WHEREAS, Shawano Flying Service wishes to lease the premises for the purpose of, among other things, engaging in the business of selling gasoline, oil and other lubricants, maintaining and operating full aircraft servicing facilities, selling aircraft, accessories and parts, providing storage space for aircraft, repairing and servicing aircrafts, giving flying instructions, and carrying passengers and freight for hire, all as set forth in the attached agreement; and
WHEREAS, the Airport Commission has requested that the City of Shawano and Shawano County approve the agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE SHAWANO COUNTY BOARD OF SUPERVISORS in session this 23rd day of February, 2011, that it approves the attached Fixed Base Operator’s Agreement between the Shawano City-County Airport Commission and Shawano Flying Service.
Submitted by, Bonnie L. Olson
CITY-COUNTY AIRPORT COMMISSION
FISCAL NOTE:
Establishes an agreement between Shawano Flying Services, Inc and the Airport Commissions for payments of $605 per month which is utilized to fund the Airport budget.
Diane L. Rusch, Finance Director
LEGAL NOTE:
Requires a majority vote of the Board.
Tony A. Kordus, Corporation Counsel
ADMINISTRATIVE NOTE:
Frank R. Pascarella, Administrative Coordinator
Fixed Base Operator’s Agreement
This agreement, made and entered into this 1st day of January, 2010, by and between the SHAWANO CITY-COUNTY AIRPORT COMMISSION, hereinafter referred to as the Lessor, the Commission, the Airport Commission, and Shawano Flying Service, Inc., hereinafter referred to as the Lessee.
WITNESSETH:
WHEREAS, the County of Shawano and the City of Shawano own and operate an airport which includes aeronautical navigation facilities, said airport being known as the Shawano City-County Municipal Airport, and said Lessor is desirous of leasing to Lessee certain premises hereinafter more fully described located on said airport, together with the right to use and enjoy individually and in common with others the facilities referred to; and
WHEREAS, Lessee will engage in the business of selling gasoline, oil and other lubricants, maintaining and operating full aircraft servicing facilities, selling aircraft, engines, accessories and parts, providing storage space for aircraft, a repair shop for the repairing and servicing of aircraft engines, instruments, propellers and accessories in connection with said business, giving flying instructions, providing pilots for operating planes for others and carrying passengers and freight for hire, and desires to lease said property and rights from the Lessor.
NOW THEREFORE, for and in consideration of the rents, covenants, and agreements herein contained, the Lessor does hereby lease, demise, and let to Lessee, and Lessee does hereby hire, take and lease from the Lessor the following premises, rights and easements on and to the airport upon the following terms and conditions:
1. The Lessor does hereby grant, demise and lease unto Lessee the flowing described tract of land and/or buildings at said airport with respect to which Lessee is to have for the term of this lease the exclusive use of same and as described in Exhibits A, B, C, D, E, F and G.
2. Lessee shall have the right to erect, maintain, and alter office and administration buildings, shops, hangars, radio antennae and other buildings or structures upon said described premises providing such buildings or structures conform to the Building Code Requirements of the Wisconsin Industrial Commission and any city, county or town ordinance now or hereinafter in effect. Lessee shall obtain prior approval of the Airport Commission for the erection or alterations of buildings on the leased premises. The Lessor shall not withhold such approval unreasonably. Title to such buildings shall remain with the Lessee and shall be transferable upon the expiration or the termination of the lease. The Lessor will have the option of accepting or refusing acceptance of any buildings abandoned by the Lessee. Any buildings abandoned by the Lessee may at the option of the Airport Commission be removed and the leased area restored to its original condition at the expense of the Lessee. The Lessor will have the right to refuse the transfer or removal of any of the Lessee’s property from the leased premises on the date of expiration or termination of the lease, or require a cash deposit or performance bond to insure the aforesaid lease expirations or termination provisions.
3. The term of this agreement shall be for a period of two years commencing on the date above first written.
4. (a) The Lessee agrees that he will obtain and keep in force during the term of this agreement, a general liability insurance policy, covering both bodily injury and property damage, and that he will cause a copy of said policy to be filed with the Secretary of the Airport Commission. Such policy shall be issued by a company licensed to do business in Wisconsin and shall provide minimum protection amounts as determined satisfactory by the Airport Commission. Minimum amounts, as agreed upon by the Airport Commission, will be the same for all fixed base operators.
(b) The policy of insurance shall be approved by the City-County attorneys as to legal form before it is filed. The Lessee must provide an endorsement providing that the Lessor shall receive prior notice of at least ten (10) days before any insurance is cancelled, materially changed or renewal refused. In lieu of providing such endorsement, Lessee shall sign an Insurance Notification Agreement, in the form that is attached hereto and provide the same to Lessor prior to the commencement of any lease term.
(c) The cancellation or other termination of any insurance policy issued in compliance with this section shall automatically terminate this agreement and any or all leases thereof, unless another policy has been filed and approved pursuant to this section and shall be in effect at the time of such cancellation or termination.
5. Lessee shall have the right to:
(a) The right in common with others authorized so to do, to use common areas of the airport, including runways, taxiways, aprons, roadways, floodlights, landing lights, signals and other conveniences for the take-off, flying and landing of aircraft of the Lessee.
(b) The non-exclusive use, in common with others, of the airport parking areas, appurtenances and improvements thereon, but this shall not restrict the right of the Lessor to charge visitors a fee for the use of such areas.
(c) The right to install, operate, maintain, repair and store subject to approval of the Airport Commission in the interests of safety and convenience of all concerned, all equipment necessary for the conduct of Lessee’s business.
(d) The right of ingress to and egress from the demised premises shall be limited to streets, driveways or sidewalks designated for such purposes by the Lessor, which right shall extend to Lessee’s employees, passengers, guests, invitees, and patrons.
(e) The right in and on the demised premises of selling gasoline, oil and other lubricants, maintaining and operating full aircraft servicing facilities, selling aircrafts, engines, accessories and providing storage space for aircraft, a repair shop for the repairing and servicing of aircraft engines, instruments, propellers and accessories in connection with said business. The right to conduct such activities shall apply to aircraft of other persons as well as aircraft belonging to the Lessee.
(f) The right to give flying instructions, to provide pilots for operating planes for others and to carry passengers and freight for hire, subject to all appropriate laws of the Federal Government, the State of Wisconsin, the ordinances of the City and the County of Shawano, Wisconsin, and the requirements of the F.A.A. or any other duly authorized agency.
6. Lessee will maintain in good order the structure(s) and improvements in and on leased property that are constructed or improved by the Lessee making such repairs as are necessary and also maintain in good order the surrounding land premises.
7. Lessee agrees to maintain airport owned properties leased by him in as good condition as when Lessee accepted occupancy and possession of same notwithstanding normal wear. Outside wall and roof structures of airport leased property shall be maintained by the Lessor. In the event of fire or other casualty causing damages beyond 30 percent of the replacement value of the structure leased, the Lessor shall have the option to terminate the lease of the structure so damaged. Lessor agrees the remaining payment obligations of the Lessee, in the event of termination, will cease relative to the affected leased property; and in the event of a parital loss, from the date the loss occurred until such time as the affected property is restored in condition for occupancy or possession by the Lessee.
8. Lessee may not, at any time during the term of this agreement, assign, hypothecate, or transfer this agreement or any interest therein, without the consent of the Airport Commission; the Lessee shall also have the right to lease that portion of the buildings placed on the premises by Lessee which are not needed by Lessee in the operation of his business with written approval of the Airport Commission. The Airport Commission shall not withhold such consent unreasonably.
9. The parties hereto for themselves, their legal representatives, successors, and assigns, further covenant and agree as follows:
(a) Lessee agrees to observe and obey during the term of this agreement, all laws, ordinances, rules and regulations promulgated and enforced by Lessor and the Airport Commission and by any other proper authority having jurisdiction over the conduct of the operations at the airport.
(b) Lessee agrees to indemnify and hold Lessor, the City of Shawano, Shawano County, and its/their officials, employees, agents, contractors and subcontractors free and harmless from loss from each and every claim and demand of whatever nature, made on behalf of or by any person or persons, for any wrongful, careless or negligent act or omission on the part of Lessee, his agents, servants, and employees, and from all loss and damages by reason of such acts or omissions.