COUNTY BOARD OF SUPERVISORS
311 N. Main Street
Shawano, WI 54166
DATE:WEDNESDAY, AUGUST 25, 2010 TIME: 6:00 P.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 JULY COUNTY BOARD MINUTES.
4.PUBLIC COMMENTS.
5.CHAIRMAN’S REPORT.
6.PETITIONS AND COMMUNICATIONS TO THE COUNTY BOARD.
East Central Regional Planning Commission annual report presented by Executive Director Eric Fowle
Northeast Wisconsin Technical College annual report presented by President Jeff Rafn
Family Care Implementation – presented by Community Programs Director Barbara Larson-Herber and Social Services Director Rick Kane
7.MOTION TO DEVIATE FROM THE ORDER OF THE AGENDA, IF NECESSARY.
8.ORDINANCE NO. 8-10 TO APPROVE THE ANIMAL ABATEMENT ORDINANCE.
9.ORDINANCE NO. 9-10 TO APPROVE THE SPEED LIMIT OF 45 MILES PER HOUR ON COUNTY TRUNK HIGHWAY “G”.
10.RESOLUTION NO. 56-10 TO SOLIDIFY CERTAIN SHAWANO COUNTY PROPERTY AS “HERITAGE PARK” TO BE USED FOR RECREATIONAL AND HISTORICAL PURPOSES ONLY.
11.RESOLUTION NO. 57-10 TO APPROVE THE AMENDED LEASE AGREEMENT FOR MIELKE THEATER.
12.RESOLUTION NO. 58-10 AUTHORIZING THE CAPITAL IMPROVEMENT PROJECTS COMMITTEE TO EXPEND AN AMOUNT NOT TO EXCEED $21,780.00 FOR COMPLETION OF THE PAVILION PATIO IMPROVEMENT PROJECT AT THE SHAWANO COUNTY PARK.
13.RESOLUTION NO. 59-10 TO APPROVE TRANSFERRING OF A PARCEL OF PROPERTY HELD BY SHAWANO COUNTY FOR HIGHWAY PURPOSES TO THE WISCONSIN DEPARTMENT OF TRANSPORTATION AS REQUIRED BY WI STATUTES.
14.RESOLUTION NO. 60-10 TO APPROVE AN ADVISORY REFERENDUM ON THE NOVEMBER 2, 2010 BALLOT RELATING TO SEGREGATED HIGHWAY TRANSPORTATION FUNDS.
15.RESOLUTION NO. 61-10 TO APPROVE A REVISION TO THE COUNTY BOARD RULES AND CLAFIFY RULE 22.
16.RESOLUTION NO. 62-10 TO CONTINUE WITH THE EMPLOYEE WELLNESS PROGRAM.
17.RESOLUTION NO. 63-10 TO APROVE SENDING A LETTER OF SUPPORT CONCERNING THE MENOMINEE INDIAN TRIBE’S EFFORTS TO CONSTRUCT AND OPERATE A CASINO AND ENTERTAINMENT FACILITY IN KENOSHA COUNTY.
18.ANNUAL REPORT
REGISTER IN PROBATE OFFICE– DARLENE HOFFMAN-REGISTER IN PROBATE
19.REPORT BY FINANCE COMMITTEE ON GENERAL ACCOUNTS.
20.APPROVE THE COMMITTEE MINUTES AS SUBMITTED WITH THE AGENDA.
21.SPECIAL ORDERS, APPOINTMENTS OR NEW BUSINESS TO BE CONSIDERED AT A FUTURE BOARD MEETING.
Appointments
Lumberjack Recreation Conservation and Development Council (RC & D) – Arlyn Tober to represent Land Conservation Committee and Wayne Thoma as an alternate member
Robert Krause to represent the Land Conservation Committee as a liaison to the Washington Lake Management District board.
Bert A. Huntington to represent the Land Conservation Committee as a liaison to the Upper and Lower Red Lakes Management District Board.
ZONING BOARD OF ADJUSTMENT MEMBER- Three year term to July 2013 - Appoint Jim Martin, Town of Germaniato the Zoning Board of Adjustment. (Replaces Dan Ferfecki) 2010.
Wayne Evraets, Town of Green Valley as first alternate to the BOA.
22.PUBLIC COMMENTS OR CONCERNS BY COUNTY BOARD SUPERVISORS.
23.APPROVE THE REPORT OF COUNTY BOARD MILEAGE AND PER DIEM FOR TODAY’S MEETING.
24.ADJOURNMENT.
Posted: August 19, 2010 @ 4:00 p.m.
Rosemary Bohm
Shawano County Clerk
County Board Agenda to be posted at the following places:
Three (3) places within the Courthouse
WTCH Radio
Shawano Leader
Sheriff’s Department
Social Services Department
ORDINANCE NO. 8-10
TO APPROVE AN ANIMAL ABATEMENT ORDINANCE
WHEREAS, pursuant to § 173.03(1), Wis. Stats., the County Board may appoint one or more humane or law enforcement officers who may issue and serve an order of abatement if the humane officer or law enforcement officer after investigation has reasonable grounds to believe that a violation of a statute or ordinance is occurring and the violation is causing or has the potential to cause substantial injury to an animal; and
WHEREAS, § 173.03(2), Wis. Stats., also authorizesthe County Board to enact an ordinance designating one or more officials as an appeal body who may affirm, modify or withdraw abatement orders that are issued under Chapter 173 of the Wisconsin Statutes by humane or law enforcement officers appointed by the County Board as noted above; and
WHEREAS, it is recommended that Deputy Sandra Finger, Officer Heidi Thaves, and Robin Hogan, who serves as the Shawano County Humane Society Director, be appointed the humane/law enforcement officers that can issue abatement orders, and the Shawano County Board of Health be designated the appeal committee which may affirm, modify or withdraw abatement orders.
NOW, THEREFORE, BE IT ORDAINED BY THE SHAWANO COUNTY BOARD OF SUPERVISORS in session this 25th day of August, 2010, that they adopt the following:
ANIMAL ABATEMENT ORDINANCE
SECTION 1: AUTHORITY
This ordinance is adopted under the authority of § 173.03 and § 173.11 of the Wisconsin Statutes.
SECTION 2: DESIGNATION
2.01Deputy Sandra Finger, Officer Heidi Thaves, and Robin Hogan, Shawano County Humane Society Director, are appointed humane and law enforcement officers who may issue and serve an order of abatement if the humane officer or law enforcement officer after investigation has reasonable grounds to believe that a violation of a statute or ordinance is occurring and the violation is causing or has the potential to cause substantial injury to an animal. The order and subsequent actions may contain any remedies set forth under Chapter 173.
2.02The Shawano County Board of Health is hereby designated and authorized pursuant to § 173.03(2), Wis. Stats., to affirm, modify or withdraw abatement orders issued under § 173.11, Wis. Stats., by any humane officer or law enforcement officer.
2.03Any person named in an abatement order may appeal such order to the Shawano County Board of Health within the 10-day period following service of the order. The notice of appeal must state the grounds for the appeal with specificity. The Board shall schedule a hearing to be held within 10 days of the receipt of the notice of appeal, unless the appellant agrees to a later date. The Board shall make reasonable efforts to notify the appellant, the officer issuing the abatement order, and any other interested party of the hearing and the opportunity to present evidence and testimony at the hearing. The hearing shall be informal in nature. Within 10 days after the hearing the Board shall determine whether to affirm, modify, or withdraw the abatement order and shall issue its decision in writing and serve it upon the appellant and other interested parties.
2.04Any person adversely affected by a decision under Section 2.03 may seek judicial review by commencing an action in circuit court within 30 days after the date that the decision of the Board of Health is issued.
SECTION 3: EFFECTIVE DATE
This ordinance shall be effective upon passage and publication as required by law.
Submitted by, Deb Noffke
Steven Breaker
Dorothy Dorow
Ray Faehling
Sandy Steinke
BOARD OF HEALTH
Vote: 4 Yes; 0 No; 1 Absent (Noffke)
FISCAL NOTE: Appoints humane and law enforcement officers who may issue and serve an order of abatement and designates the Board of Health as the appeals committee. No fiscal impact if the appeals are handled in conjunction with a regularly-scheduled Board of Health meeting.
Diane L. Rusch, Finance Director
LEGAL NOTE: Requires a majority vote of the Board.
Tony A. Kordus, Corporation Counsel
ADMINISTRATIVE NOTE:Support.
Frank R. Pascarella, Administrative Coordinator
ORDINANCE NO. 9-10
TO APPROVE SPEED LIMIT OF 45 MILES PER HOUR ON CTH “G”
WHEREAS, Wisconsin Statutes, Section 349.11 provides that the County Highway Committee may modify speed restrictions on a County Trunk Highway; and
WHEREAS, CTH “G” in the Town of Red Springs has a segment of 55 mile per hour speed limit that warrants a transitional zone that leads into a 25 mile per hour speed limit zone at the North Limits of the Village of Gresham; and
WHEREAS, the Highway Committee has deemed it necessary to correct the present 55 mile per hour speed limit.
NOW, THEREFORE, BE IT HEREBY ORDAINED BY THE SHAWANO COUNTY BOARD OF SUPERVISORS in session this25th day of August, 2010, that a posted speed limit of 45 miles per hour be established on CTH “G” from a point 150 feet north of Geider Road, Village of Gresham, to a point 1750 feet south of Upper Red Lake Road, Town of Red Springs, with signs posted accordingly. This Ordinance shall take effect and be enforced upon passage.
Submitted by,
Rick GieseSteve Breaker
Bill LetterKen Capelle
Dennis KnaakSteve Gueths
Marlin NoffkeMike McClelland
Marion WnekArlyn Tober
HIGHWAY & PARKS COMMITTEEPUBLIC SAFETY COMMITTEE
Vote: 5 Yes; 0 No; 0 AbsentVote: 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. 56-10
TO SOLIDIFY CERTAIN SHAWANO COUNTY PROPERTY AS
“HERITAGE PARK” TO BE USED FOR RECREATIONAL
AND HISTORICAL PURPOSES ONLY
WHEREAS, Sunset Island is an official Shawano County Park, and the Shawano County Board of Supervisors has the unique opportunity to preserve the adjacent shoreline area of local cultural, natural, and historical significance for all residents of Shawano County for the enjoyment of future generations; and
WHEREAS, significant funding from a DNR Local Park Aids grant and County matching funds have already been invested in the property to develop the Sunset Trail Walkway for the purpose of public outdoor recreation (project S-ADLP-735); and
WHEREAS, the property is currently exempt from property taxes, and solidifying the park designation will result in no loss of revenue for the City or County; and
WHEREAS, the Shawano County Board of Supervisors passed Resolution No. 61-07 approving that the Historical Society should remain in its current location; and
WHEREAS, Shawano County recognizes the importance of the Historical Society and values the dedication that its members have exhibited in caring for and preserving the area.
NOW, THEREFORE, BE IT RESOLVEDBY THE SHAWANO COUNTY BOARD OF SUPERVISORSin session this 25th day of August, 2010, that the following parcels described below be set aside as Shawano County park property and officially named “Heritage Park”:
All of Block 2, which includes Lots 1-6 located therein, and all of Block 6, which includes Lots 1-9 located therein, of the recorded "Plat of the Village of Shawano" also referred to as "Sawyer and Andrews Plat of the Village of Shawano", and all of Lots 1 & 2 Block 1, of the recorded "Assessors Plat of the City of Shawano Wisconsin 1935" all being located in part of the Northeast 1/4 of the Southeast 1/4 of Section 25, T27N-R15E, in the City of Shawano, Shawano County, Wisconsin (Parcel ID numbers 281751000010, 281751000000, 281751000340)
BE IT FURTHER RESOLVED that the Park shall be designated for recreational and historic preservation purposes and remain under the direction of the Highway Parks Committee.
Respectfully submitted by:Deb Noffke, Dist. 1 Supervisor
Bert A. Huntington, Dist. 23 Supervisor
Sandy Steinke, Dist. 5 Supervisor
Gene S. Hoppe, Dist. 7 Supervisor
Michael T. McClelland, Dist. 4 Supervisor
FISCAL NOTE: This resolution will tie the hands of future boards in determining the needs of the operations of the County. Some of this property has been under consideration in prior years for expansion of county operations. To not have this property available for future boards to utilize will lead to more de-centralization of county services and an increase in the operating costs of county services.
Fiscal impact is unknown at this time but would certainly be determined in the future.
Diane L. Rusch, Finance Director
LEGAL NOTE:Requires a majority vote of the Board.
Tony A. Kordus, Corporation Counsel
ADMINISTRATIVE NOTE:Oppose the resolution: The use and the priority of the property has been for the expansion of the County government campus.
For the last 4-5 years the County Property, Parks, Public Safety and Ad Hoc Facility Needs Committee has focused the use of the property for the location of an Evidence Storage Facility. During that time, there have been transparent and open discussions/negotiations with numerous Presidents of the Historical Society. Throughout that time period there were three significant highlights:
1. Both the Historical Society and the County governing committees were keenly aware of what the property was to be used for, with no real opposition on this use coming from the Historical Society.
2. There was significant if not unanimity by the 4 county governing committees as to the use and ownership of the property.
3. Throughout these meetings and discussion, no County Board non committee member brought forward any concerns, questions or opposition regarding this subject.
Opposing this resolution is also based on the fact that it has not gone through the committee review process. Although a County Board member has the right to bring a stand-alone resolution forward, this process does ignore the County Board’s unwritten policy that a resolution should go through a committee review process. The committee procedures provide an opportunity for transparency, proper dialogue, open communication and minimize controversy and conflict.
A. County has Resolution No. 61-07 stating the Courthouse and those related government services will remain on this site. Eliminating this option further inhibits our expansion options. Particularly when both the Courthouse and Sheriff’s and Jail facilities are currently landlocked from expansion in three directions.
B. Adoption of Resolution No. 61-07 also stated that the Courthouse, Sheriff and Jail services would also remain on site as well. If we are to dedicate property that was once for county facility use to that of park use then we as managers will need some clarity regarding this change in policy. The use of the area is defined by the availability of land. Reducing the land eliminates options and will require the County Board to reconsider their policy on having a centralized campus for county services.
C. With the implementation of Family Care, bringing the offsite departments of Social Services and DCP to a central campus may be an option current or future County Boards may want to consider, thereby reducing county maintenance and operating costs and providing the citizens we serve with the convenience of one stop shopping. However, to do so would require having the necessary land and space. The adoption of this resolution poses a significant fiscal and planning challenge to even considering this as an option.
4. The approval of this resolution will increase both the County’s capital and the annual operating costs. Those costs have yet to be determined. An example of some of the increased operating costs include, time management of both dept. general and mgmt. personnel, transportation, and services to the public.
5. This resolution is more political in nature and meant to appease one specific special interest group rather than looking at the future needs of the County.
6. The elimination of this site for consideration by the County is the equivalent of a farmer building his storage and work building 4-5 miles from his property. The indirect costs, time mismanagement and general inconvenience associated to the farmer would be both significant and ongoing.
If you have any questions on this or any subject, please contact me prior to the County Board meeting.
Frank R. Pascarella, Administrative Coordinator
RESOLUTION NO. 57-10
TO APPROVE THE AMENDED LEASE AGREEMENT FOR MIELKE THEATER
WHEREAS, Shawano County and Shawano County Arts Council, Inc. have previously had a lease agreement to operate the Mielke Arts Center which is due to be renewed; and
WHEREAS, the parties have negotiated a new lease agreement that is attached hereto and has been approved by the Shawano County Public Property Committee and the Finance Committee; and
WHEREAS, this new lease agreement runs for 5 years and has language that is substantially similar to that of the previous lease agreement, with some changes such as the addition of Section IX.J. regarding the payment by the Shawano County Arts Council of utility costs.
NOW, THEREFORE, BE IT RESOLVED BY THE SHAWANO COUNTY BOARD OF SUPERVISORS in session this 25thday of August, 2010, that they approve the attached new Mielke Arts Center Amended Lease Agreement.
Submitted by,
Jerry ErdmannJerry Erdmann
Sandy PolzinTom Martell
Sandy SteinkeMilt Marquardt
Rosetta SternSandy Polzin
Arlyn ToberRandy Young
FINANCE COMMITTEEPUBLIC PROPERTY COMMITTEE
Vote: 5 Yes; 0 No; 0 AbsentVote: 4 Yes; 0 No; 1 Absent (Martell)
FISCAL NOTE:
Revised contract stipulates that the Arts Council will pay a portion of the utilities at an increased percentage over the next 5 years. Estimated repayments based on 2009 costs over the 5 years is as follows:
Year 1 / $1,320Year 2 / $2,640
Year 3 / $3,960
Year 4 / $5,280
Year 5 / $6,600
Diane L. Rusch, Finance Director
LEGAL NOTE: Requires a majority vote of the Board.
Tony A. Kordus, Corporation Counsel
ADMINISTRATIVE NOTE: Support.
Frank R. Pascarella, Administrative Coordinator
RESOLUTION NO. 58-10
AUTHORIZING THE CAPITAL IMPROVEMENT PROJECTS COMMITTEE TO EXPEND AN AMOUNT NOT TO EXCEED $21,780 FOR COMPLETION OF THE PAVILION PATIO IMPROVEMENT PROJECT
AT THE SHAWANO COUNTY PARK
WHEREAS,the County Board previously approved the use of $60,000 of CIP funds for various improvements at the Crawford Center and the Shawano County Park Pavilion; and
WHEREAS,due to discounts and rebates received for the installation of energy efficient lighting, these improvement projects have been completed leaving a balance of $21,780; and
WHEREAS,there are drainage concerns with the sidewalk outside the newly installed patio doors at the Shawano County Park Pavilion, creating a situation that rots the “sleepers” that hold the hardwood floor in place and negatively impacts the new patio doors; and
WHEREAS, there is also a safety condition that could result in liability to the County, especially at night and when the pavilion is rented out, due to the uneven flooring; and