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HomeMy WebLinkAboutCounty Board 08-18-1992AGENDA ST. CROIX COUNTY BOARD OF SUPERVISORS August 18, 1992 Courthouse Hudson Compiled by Chairman Richard B. Peterson CALL TO ORDER INVOCATION: Pastor Gregg Heinsch, Faith Community Church Hudson PLEDGE OF ALLEGIANCE TO THE FLAG ROLL CALL: CONSIDERATION OF MINUTES OF PREVIOUS SESSION Adoption of Agenda *ANNOUNCEMENTS: Tour of Government Center l:oo P.M. Date of Next Session: September 22, 1992 ***Note Date Change*** APPOINTMENTS: REPORT OF ADMINISTRATIVE COORDINATOR +�EGI SLATIVE REPORT -GOVERNMENT CENTER UPDATE A. Approval of Any Expenditures Over $50,000 OLD AND UNFINISHED BUSINESS (Consideration and action on referred to a committee at a Rules and By -Laws r-A. Resolution To Amend tB`. Resolution Revoking Thirds Vote for Ne ►�. Ordinance Repealing 6% matters tabled, postponed or previous meeting) County Board Rules and By -Laws Resolution #19(90) Requiring a Two - Full Time Positions Tax Penalty NEW BUSINESS (Action on newly introduced motions, ordinances, resolutions, or other matters) Ordinances Amending Chapter 17, St. Croix County Land Use Ordinances Rezoning Land from Ag to Ag-Residential-Gerald Kusilek/ Country Elevator (Town of Baldwin) 9:30 A.M. Rezoning Land from Ag to Ag-Residential-Richard and Robert Derrick (Town of Stanton) Rezoning Land from Ag-Residential to Commercial-Cylon Cemeter IcaAssocation/Donald and Beth Ann Arvold (Town of Cylon) y . Rezoning Land from Ag to Ag-Residential-Farm Credit Services C� Gary Cook (Town of Stanton) Rezoning Land from Ag-Residential to Commercial -Daniel Simonson (Town of Kinnickinnic) Rezoning Land from Ag to Ag-Residential-Bruce W. Dilley-Dixie Lee Wisener (Town of Stanton) Resolution Approving New Positions for 1993 *$. Resolution Approving New Position - Court Officer Assistant/ Courthouse Security Resolution on Improvement in State/County Relation in the Funding of Human Services and Economic Support Programs 0. Resolution Requesting Creation of Smokefree County Government Buildings and Vehicles Resolution Approving Refinancing of Nursing Home Bonds Resolution Approving Disbanding of Jury Commissioners 11-3. Resolution Adopting Town of Troy Growth Management Plan t-114-. Resolution on Overall Economic Development Program 15. Resolution Establishing 1993 Tipping Fees ice'. Resolution Relative to Plans and Operations of the I-94 Visitor Information Center 1. Resolution Authorizing the Submittal of a State Grant for an Agricultural Hazardous Waste Collection Program for St. Croix County ts. Resolution to Provide St. Croix Alliance of Sportsmens Club Inc., Notice of Sale of County Property s' Committee & Board Reports Farmland Preservation Applications Mileage & Per Diem Report Correspondence Announcements Adjournment (THE ABOVE AGENDA IS NOT NECESSARILY IN ORDER OF PRESENTATION) Changes or Additions after the Preliminary Agenda ** Late Changes and Additions ST. CROIX COUNTY BOARD OF SUPERVISORS Regular Session August 18, 1992 Meeting called to order by Chair Peterson at 9:00 a.m. The meeting was properly published and guests and members of the press were welcomed. Invocation was given by Pastor Gregg Heinsch, Faith Community Church, Hudson. Pledge of Allegiance was recited. Roll Call: 30 present, 1 absent - Talley Roquette, excused Motion by Supr. O'Connell, 2nd by Supr. Hop to approve June 16 minutes as corrected. Correction to read in regard to Special County Board Session, Supr. Bradley suggested holding the meet- ing at the Cashman Auditorium, Technical Institute, New Richmond which he thought would be a more neutral site for this meeting. Motion carried. Motion by Supr. Stephens, 2nd by Supr. King to approve minutes of the special July 21 session. Carried. Motion by Supr. Bradley, 2nd by Supr. Malick to approve the agenda. Carried. Announcements: Chair Peterson reminded Supervisors of the tour scheduled at 1:00 p.m. for the new Government Center. Peterson remarked on the deaths of two former Supervisors, Milton Meinke and Ken Sumner and expressed appreciation to both for their services to St. Croix County. Next meeting is September 22 which is a change of date from the original schedule. Resolutions #30 and #31: Issuance of Health Care Center Refund- ing Bonds and Authorizing Advertisement for Sale of Health Care Center Refunding Bonds. Motion to adopt both Resolutions by Supr. Stephens, 2nd by Supr. O'Connell. Administrative Coordina- tor John Krizek explained when the bonds were issued the interest rate was 9 3/4% and now the bond market is the lowest in 20 years. Ron Langness, from Springsted Public Financial Advisers, stated the county could refund for less than 5%'interest which would result in a $320,424 debt service savings.Refunding is simply a reduction in interest costs. All costs have been calcu- lated in the total package. Krizek pointed out the county may not realize the entire $320,424 benefit because interest is an expense reported to the State which in turn is used to determine the formula for medicaid and medicare. The significant reduction in interest could decrease our payments received for medicare but there is an 18 month lag time in formula determination. Langness said the only negative aspect of refunding is a penalty that could be incurred if the Health Center were sold to a for - profit organization after five years. Bids will be due September 21 and presented to the Supervisors at their meeting on the 22nd. Roll call vote: 30 yes, 0 no. Motion carried. Rezoning Ordinance: Rezoning from Ag. to Ag. Residential for Gary Cook. Motion to adopt by Supr. Oemichen, 2nd by Supr. Boche. Planning and Zoning Vice Chair Oemichen gave background 1 information and noted approval by the Committee and Town Board. Supr. Boche introduced Stanton Town Board member Walter Anderson, who stated the Town Board later voted for A-2 zoning rather than Ag. Residential. Motion by Supr. Malick, 2nd by Supr. Boche to refer this rezoning back to the Planning and Development Commit- tee. Motion carried. Government Center Report: Government Center Building Committee Chair outlined some of the construction problems and the solu- tions. A joint meeting will be held with Public Protection to discuss kitchen and food service and double bunking of cell beds. Future concerns are the extension of Carmichael Road and elimi- nating traffic problems at the junction of UU and Carmichael. The Committee has agreed to pay Ayres and Associates $17,000 to determine furniture needs and selection of furniture. Malick stated Stahl Construction has anticipated completion of the A building in late February. Ordinance #305 (92): Rezoning from Agriculture to Ag-Residential for Gerald Kusilek/Country Elevator. Motion by Supr. Dorsey, 2nd by Supr. Menter to place Ordinance on the floor which had been denied 3-2 by the Committee. Supr. Oemichen explained the Town of Baldwin is in Exclusive Ag. Zoning and this parcel is rated Class I and II farmland. Based on Corporation Counsel Timmer- man's opinion because a protest petition was filed from adjacent neighbors, the WI Statutes require a 3/4 vote from the Board in order to rezone. The Town Board, Suprs. Menter and Dorsey were in favor of the rezoning. Suprs. Oemichen, Boche and Luckey were against rezoning because of the commitment the county made to preserve farmland in the Farmland Preservation program. Timmerman advised Supervisors of two reconsiderations he had made in his previous letter to Supr. Oemichen. It is now his opinion that the Board of Adjustments cannot grant a special exception that is not listed in the Zoning Ordinance. Earlier he believed the Board of Adjustment members should not vote on this issue but has withdrawn this opinion. Timmerman also stated if rezoning does not occur in this instance, the present Zoning Ordinance needs to be amended. Chair Peterson ruled each side could have 10 minutes to present their reasons to rezone or not permit rezoning of the Kusilek parcel. Supr. Bailey acknowledged her constituent, Dennis Eggen. Mr. Eggen called on Attorney Tom Schumacher who stated that Eggen has owned the Country Elevator in Woodville for 10 years and has acquired another elevator in Baldwin and fertilizer plant in Woodville. The facilities are more than 75 years old, there is limited room for expansion in the Village limits and other par- cels have not been suitable. This location would provide easy accessibility to farmers in the area. In response to concerns about other businesses coming into this area, Schumacher said the only uses permitted of Ag. Residential are Ag-related. Vice Chair Jacobson recognized constituent Lila Hambleton who then introduced Attorney Tom Bell. Bell showed maps of the area 2 concerning the Kusilek parcel which outlined the utility limits and proposed outside extra territorial area. Bell believes Farmland Preservation is important in St. Croix County and the Ordinance adopted is designed to protect this type of land. Potentially there are plenty of other places to build. If the Board allows development on this land, this could be the start of a new trend. After comments and questions from Supervisors, Chair asked for those who wished to abstain from voting. Peterson wished to do so because his son is employed at Country Elevator and Rebhan will abstain because he works for a competitor of the elevator. Roll call vote: (a yes vote was for rezoning; a no vote was against rezoning) 10 yes, 18 no. Rezoning was denied and recom- mendation of committee was upheld. Legislative Report: Senator William Berndt indicated he voted against the budget because of the shortfall expected. He also voted against increasing the lottery credit in December by bor- rowing from future lottery income. Berndt is aware of the con- cern with the formula used to reimburse Community Aids in St. Croix County. He will pursue this further but noted that the county is growing and is relatively wealthy. Berndt has sched- uled a Town Meeting at the Hudson Middle School, 7:00 p.m. on August 21 to discuss the issue of a casino at the dog track. He is also keeping in touch with issues on the proposed Highway 35 and 64 corridor. Administrative Coordinator: John Krizek said the focus now is on the 1993 county budget. The equalized value for the county increased $84,058,400 which is a 4.92% increase. This means to maintain a 5.54 mill rate the budget can increase $421,759. Krizek has a meeting scheduled with Nursing Home employees and Guido Cecchini, AFSCME Union representative to discuss operating the home at a break even point, and setting up a capital outlay fund possibly using part of the 1992 county appropriation. Krizek noted St. Croix Meadows is negotiating with the St. Croix Band of Ojibwe regarding a casino at the dog track. The final decision has to be approved by the U.S. Department of Interior and Thompson. The Hudson City Council voted 4 - 2 against the casino. An information sheet developed by Finance Director Rich Loney indicated the county would lose revenue of $279,000 per year if the track closes. The St. Croix Band has alluded to paying the $.25 admission tax to both the county and city and also making a payment in for municipal services in lieu of paying property taxes. Krizek noted the loss of 600 jobs would increase social service costs. Unemployment causes drug, alcohol, adult and child abuse and divorce problems. The county sales tax would also decrease if the track were closed. Supr. Bailey commented that government should not depend on gambling income. Chair Peterson welcomed Supr. Wally Cox who has been ill and unable to attend several meetings. Applause by Board. 3 Rules and By -Laws: Motion by Vice Chair Jacobson, 2nd by Supr. Malick to adopt the amended Rules and By -Laws. Jacobson ex- plained the Committee has been working for several months to improve the wording and content of the By -Laws. Supr. Luckey set forth the idea that presently Emergency Govern- ment, Emergency Communications, Library and Council on Aging are sub committees that cannot present resolutions or develop a final budget. These committees now are advisory only and can make no final decisions. This also makes addition work for the Parent Committee. Motion by Supr. Luckey, 2nd by Supr. Bailey to amend the Rules and By -Laws with the following: 1) Restore Standing Committee status to Emergency Government, Emergency Communications, Council on Aging and County Library, 2) page 4, B, 2, No county employ- ee may serve as a "voting" member of a standing committee (may be a voting member of a sub committee) , page 5, D remove "shall be advisory only." Add "Beginning in the County Board term of April 1994, Supervisors serving on a sub committee shall be selected from the rank of parent committee." Chair Peterson referred this amendment back to the Administration Committee for further consideration. Motion by Supr. Stephens, 2nd by Supr. Rebhan to amend Article VI of the By -Laws by dropping "upon recommendation of the Adminis- tration Committee" in reference to amending the By -Laws. Chair referred this back to the Administration Committee. Motion by Supr. Stephens, 2nd by Supr. Boche to postpone action on adopting the amended Rules and By-laws until September so the amendments may be sent back to the Committee and clarified. Carried. Vice Chair Jacobson requested Supervisors put sugges- tions for revisions in writing and send to the Administration Committee. Chair Peterson recessed for lunch. Tour of Government Center and Boody property scheduled for 1:00 p.m. Reconvene at 2:00 p.m. Chair stated the Finance Committee is considering selling 10 to 15 acres on the western side of the Boody property and Supervisors were asked to check this area. Meeting reconvened at 2:00 p.m. Afternoon roll call: 28 present, 3 absent - Roquette, Cox and Malick (excused) Malick returned at 2:25 p.m. Resolution #32 (92): Revoking Requiring a Two -Thirds Vote to approve new Full Time Positions. Motion by Vice Chair Jacobson, 2nd by Supr. Draxler to adopt. Corporation Counsel Timmerman received an opinion from the Wisconsin Attorney General that stated only a majority vote was needed to approve positions. Supr. Stephens believes the county should be able to use Home Rule. Supr. Bradley advised not to treat the Attorney General's opinion lightly. 4 Timmerman advised there is a provision in the Statutes for Home Rule in regard to procedural matters. The Attorney General ruled this was not a procedural matter and Home Rule did not apply. Show of hands vote: 17 yes, 11 no. The requirement of a 2/3 vote was revoked. Resolution #33 (92): Improvement in State/County Relation in Funding of Human Services Programs. Motion to adopt by Supr. O'Connell, 2nd by Supr. Hayducsko. O'Connell asked Human Serv- ices Director John Borup for comments. Borup said the Human Services department is unhappy with unfunded mandates and this resolution calls for a more true and equitable partnership be- tween St. Croix County and the State in funding Human Services programs. Motion carried. Resolution #34 (92): Requesting Creation of Smokefree County Government Buildings and Vehicles. Motion to adopt by Supr. O'Connell, 2nd by Supr. Bradley. Krizek stated the laws require a smoker must not infringe on the rights of a non smoker. Supr. Bailey thought the area around the buildings should be smoke free also. Motion by Supr. Draxler, 2nd by Supr. Rehan to amend by adding the word "passenger" in front of vehicles. Highway trucks would be exempt if a smoker was not riding with a non smoker. Carried. Motion by Supr. Luckey, 2nd by Supr. Oemichen to amend the resolution by adding "except in the day room areas of the Jail". This allows smoking in the day room areas. Carried. Vote on Amended Smokefree Resolution. Carried. Ordinance Repealing 6% Delinquent Tax Penalty• Motion to adopt by Supr. Kinney, 2nd by Supr. Giese. Supr. Stephens reported $255,000 revenue would be lost if Ordinance is revoked. Supr. Kinney said people criticize government because they are not told the truth. The valid reason for the additional 6% penalty was a high interest rate years ago which encouraged people not to pay their taxes and this is no longer the case. This penalty should be reviewed and repealed. Supr. Giese felt people need an incen- tive to pay taxes on time; if not penalized, won't pay their taxes. Krizek commented that 47 counties still have a penalty on delinquent taxes in addition to the 12% required by State Stat- utes. Supr. Stephens said the county has to settle for the delinquent taxes and this shifts the burden to other taxpayers. Supr. Kinney specified the county must state the reason for the tax delinquent penalty is to balance the budget. Roll call vote: 6 yes to repeal, 23 no, not to repeal. Motion to repeal failed. Resolution #35 (92): Authorizing Grant Application for a Hazard- ous Waste Collection Program. Motion to adopt by Supr. Rebhan, 2nd by Supr. Dull. Extension Resource Agent Jim Janke explained applying for the grant does not commit the county to a program or 5 spending of funds. In the grant applications, the county pro- poses the match of the funds needed. Supr. Hayducsko supports this grant because she feels dangerous chemicals should be taken out of the county. Motion carried. Resolution #36 (92): Plans and Operations of Hudson I-94 Visitor Information Center. Motion to adopt by Supr. O'Connell, 2nd by Supr. Hop. Janke talked about concern of what will happen to the Tourist Information Center when the new scale area opens. This resolutions calls for a first-class information center and direct access from I-94. Many municipalities and private businesses rely on the Center for the distribution of their tourist informa- tion materials. Motion carried. Planning and Development Vice Chair Oemichen explained all the following Rezoning requests had been approved by the Planning and Development Committee and the local Town Boards. Ordinance 306 (92): Rezoning from Agriculture to Ag Residential for Richard and Robert Derrick. Motion to adopt by Supr. Oemi- chen, 2nd by Supr. Bauer. Carried. Ordinance #307 (92): Rezoning from Ag. Residential to Commercial for Donald and Beth Ann Arvold. Motion to adopt by Supr. Oemi- chen, 2nd by Supr. Menter. Carried. Ordinance #308 (92): Rezoning from Ag. Residential to Commercial for Daniel Simonson. Motion to adopt by Supr. Dorsey, 2nd by Supr. Oemichen. Carried. Ordinance #309 (92): Rezoning from Agriculture to Ag Residential for Bruce W. Dilley - Dixie Lee Wisener. Motion to adopt by Supr. Oemichen, 2nd by Supr. Boche. Carried. Resolution #37 (92): Approving New and Upgraded Positions. Motion to adopt by Supr. Bradley, 2nd by Supr. Nyland. Personnel Committee Chair outlined the positions requested and those ap- proved by Finance and Personnel Committee. Motion by Supr. Stephens, 2nd by Supr. Bailey to include the part time Job Coach at a cost of $2238. Stephens explained Personnel had approved this position and Finance had denied it but he wishes to change his position. Borup commented he would prefer this position be a permanent basis rather than a LTE. This position works with chronically mentally ill clientele in plac- ing and overseeing jobs in community businesses. Supr. O'Con- nell said one person on a waiting list to be placed in a job is too many. Roll call vote: 27 yes, 2 no. Job coach reinstated. Bradley asked Public Protection Chair Linda Luckey to define the 12 security guard positions requested for the new Jail. Luckey said the jail is designed to minimize use of personnel. The cells are located in a circular pod of two tiers. Personnel is needed for three shifts per day. Revenue will come from "rent- ing" cells for Federal prisoners and the Correction Center is New �-1 Richmond will reserve 20 beds. Money will be saved in transpor- tation and overtime costs from previously transporting inmates from area jails to and from court. Luckey outlined the duties of the new Security Guard/Assistant Court Officer which will provide courtroom security plus assisting the Court Officer. Motion by Supr. Stephens, 2nd by Supr. Dorsey to amend the reso- lution by delaying the starting date from October, 1992 to Janu- ary 1, 1993. Carried. Motion by Supr. Bradley, 2nd by Supr. Bailey to approve the resolution as amended. Roll call vote: 28 yes, 1 no. Resolution Approving Court Officer:. Motion by Supr. Luckey, 2nd by Supr. Bailey. This was the original resolution prepared by Public Protection approving Security Officer position and creat- ing a courthouse security committee. Motion by Supr. Luckey, 2nd by Supr. Jacobson to amend the resolution by removing the third and fourth Whereas and the first Therefore Be It Resolved. Motion by Supr. Stephens, 2nd by Supr. Malick to postpone action on this resolution and send it back to Public Protection to rewrite. Motion carried. Resoltuion #38 (92): Dicontinuing Use of Jury Commissioners. Motion by Supr. Stephens, 2nd by Supr. Oemichen to adopt. Ste- phens explained a new Statute does not require the use of Jury Commissioners and this would save about $2,000 annually. Supr. Jensch said jury selection is now done from Department of Trans- portation's Drivers' License listing. Motion carried. Resolution #39 (92): Adopting Town of Troy Growth Management Plan. Motion to adopt by Supr. Oemichen, 2nd by Supr. Bauer. Planning Director Dave Fodroczi reported this plan was down jointly between the county and town. Supr. Oemichen expressed appreciation on behalf of the Town of Troy to Fodroczi for all his time given to this project. Motion carried to adopt. Resolution #40 (92): Participation in District Overall Economic Development. Motion to adopt by Supr. Dorsey, 2nd by Supr. King. Fodroczi explained this resolution supports West Central Wiscon- sin Regional Planning Commission's application to Economic Devel- opment Administration for planning funds and states the Supervi- sors do not support public funding for private speculative build- ings. Motion to adopt carried. Resolution #41 (92): Establishing 1993 Tipping Fees. Motion by Supr. Becker, 2nd by Supr. Radosevich. The rates would be in- creased to: $55 per ton for in -county waste; $60 per ton for out -of -county except in January, February and December when volume of waste is low, Committee will establish the price; and special waste will be $100 per ton. Supr. Kinney told he voted against this resolution because at the time the 1/2% sales tax was implemented it was to go toward solid waste disposal costs. He requested a letter be sent to all Towns stating the sales tax 7 is not used for tipping fees. Supr. Stephens requested to ab- stain from voting because he thought some of the information in the support material regarding a Contingency fund was illegal. Chair requested he vote as support material was not part of the resolution. Roll call vote: 22 yes, 5 no. Motion carried. Resolution #42(92): Resolution to Provide St. Croix Alliance Notice of Sale of County Property. Motion to adopt by Supr. Stephens, 2nd by Supr. O'Connell. The original resolution mailed to Supervisors had been rewritten to include assistance from the County in relocation of pens if necessary. Motion by Supr. Dorsey, 2nd by Supr. Bailey to postpone for clarification. Supr. Stephens requested action on the original motion. Dorsey and Bailey withdrew their motion. Stephens read the first reso- lution. Motion carried. Committee Reports; Supr. Stephens asked Solid Waste Chair Becker the status of ash dump buildings proposed by American Resource Recovery. Becker replied the Committee had turned down the request for storage of ash. Discussion on who was liable for ash disposal but no agreement was reached. Supervisors O'Connell and Bauer were excused from the meeting. Supr. Rebhan called attention to the mock check showing the $1585 raised by individual 4-H clubs and presented to the Fair Board. This is a donation from 4-H members to show their inter- est in the County Fair. Supr. Bradley reminded Personnel Committee members of a meeting scheduled for August 24 at 1:00 p.m. at the Courthouse. Farmland Preservation: Motion by Supr. Dorsey, 2nd by Supr. King to send the following to the State for approval: Robert and Joy Holerud, Russell and Rhea DeBoer, e--Geurkk nk, Gera-ld a~dVp i�Lek and Anthony and Helen VanSomeren. Carried. Motion by Supr. Dorsey, 2nd by Supr. Stephens to refer request of Allen and Barbara VanSomeren to the Resource and Education Committee. Carried. 1-— i " (", Mileage and Per Diem: Total for June, 1992 was $8,901.45 and for July, 1992 $7,343.33. Motion to approve by Supr. Stephens, 2nd by Supr. Rebhan. Carried. Correspondence: Clerk Nelson read a letter from Frederick Holle, Baldwin commending the Supervisors for not selling the Nursing Home. One more reminder was given to return budget books. Motion to adjourn by Supr. Stephens, 2nd by Supr. King. Meeting adjourned at 4:40 p.m. Richard B. Peterson, Chair Sue E. Nelson St. Croix County Board of Supervisors County Clerk 8