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HomeMy WebLinkAbout11-03-2015 County Board Minutes MINUTES BOARD OF SUPERVISORS November 3, 2015 9:00 AM County Board Room-Government Center 1101 Carmichael Road, Hudson, Wisconsin CALL TO ORDER INVOCATION OR MOMENT OF SILENCE-MIKE ROEDER, CHRIST CENTER, HUDSON Tim Sacket of Transport for Christ gave the invocation. Mike Roeder was unable to attend. PLEDGE ALLEGIANCE TO THE FLAG ROLL CALL Attendee Name Organization Title Status Arrived Travis Schachtner St. Croix County Supervisor Present Agnes Ring St. Croix County Supervisor Present Christopher Babbitt St. Croix County Supervisor Present Howard Novotny St. Croix County Supervisor Present Roy Sjoberg St. Croix County Supervisor Present Carah Koch St. Croix County Supervisor Absent Chris Kilber St. Croix County Supervisor Present Scott Nelson St. Croix County Supervisor Present Jill Ann Berke St. Croix County Supervisor Present Dave Ostness St. Croix County Vice Chair Present Roger Larson St. Croix County Chair Present Daniel Hansen St. Croix County Supervisor Present Ron Kiesler St. Croix County Supervisor Present Andy Brinkman St. Croix County Supervisor Present David Peterson St. Croix County Supervisor Present Paulette Anderson St. Croix County Supervisor Present Judy Achterhof St. Croix County Supervisor Present Shaela Leibfried St. Croix County Supervisor Present William Peavey St. Croix County Supervisor Present PUBLIC COMMENT None CONSENT AGENDA (Unless separation of an item is requested, all will be adopted in one motion.) RESULT: APPROVED [UNANIMOUS] MOVER: Howard Novotny, Supervisor SECONDER: Roy Sjoberg, Supervisor AYES: Travis Schachtner, Agnes Ring, Christopher Babbitt, Howard Novotny, Roy Sjoberg, Chris Kilber, Scott Nelson, Jill Ann Berke, Dave Ostness, Roger Larson, Daniel Hansen, Ron Kiesler, Andy Brinkman, David Peterson, Paulette Anderson, Judy Achterhof, Shaela Leibfried, William Peavey ABSENT: Carah Koch 1. Minutes of Previous Meeting 1. October 6, 2015 5:00 PM 2. Date of Next Meeting - December 1, 2015 - 9:00 AM 3. Rezonings None. PRESENTATIONS OR RECOGNITIONS 1. Introduction-New Richmond School District Superintendent Patrick Olson County Administrator Patrick Thompson introduced New Richmond School Superintendent Patrick Olson. Olson thanked the County Board for the invitation and introduction. RESULT: DISCUSSED APPOINTMENTS 1. Appointments to County Library Planning Committee Thompson announced this matter is postponed until the December County Board meeting. RESULT: NO ACTION Next: 12/1/2015 9:00 AM 2. Board of Adjustment Alternate Appointees Thompson recommended the alternate appointment of Joe Miller to serve as an alternate Board of Adjustment member. RESULT: APPROVED [UNANIMOUS] MOVER: David Peterson, Supervisor SECONDER: Paulette Anderson, Supervisor AYES: Travis Schachtner, Agnes Ring, Christopher Babbitt, Howard Novotny, Roy Sjoberg, Chris Kilber, Scott Nelson, Jill Ann Berke, Dave Ostness, Roger Larson, Daniel Hansen, Ron Kiesler, Andy Brinkman, David Peterson, Paulette Anderson, Judy Achterhof, Shaela Leibfried, William Peavey ABSENT: Carah Koch 3. Loan Review Committee Appointment Thompson recommended the appointment of Shane Bauer to the St. Croix County Economic Development Corporation Regional Business Loan Committee. Thompson introduced Bauer and Economic Development Director Bill Rubin. RESULT: APPROVED [UNANIMOUS] MOVER: Dave Ostness, Vice Chair SECONDER: Jill Ann Berke, Supervisor AYES: Travis Schachtner, Agnes Ring, Christopher Babbitt, Howard Novotny, Roy Sjoberg, Chris Kilber, Scott Nelson, Jill Ann Berke, Dave Ostness, Roger Larson, Daniel Hansen, Ron Kiesler, Andy Brinkman, David Peterson, Paulette Anderson, Judy Achterhof, Shaela Leibfried, William Peavey ABSENT: Carah Koch ANNUAL DEPARTMENT REPORTS - NONE COUNTY ADMINISTRATOR'S REPORT 1. Financial Reports No questions. RESULT: DISCUSSED BUSINESS 1. Public Hearing on 2016 Proposed Budget per Wis. Stats. 65.90(3) Chair Larson opened the public hearing at 9:15 a.m. Request by Supr. Berke that the Administration Committee review or establish a subcommittee to review the Fund Balance Policy. Thompson confirmed this matter will be addressed by the Administration Committee. There were no public comments. Chair Larson closed the public hearing at 9:18 a.m. RESULT: DISCUSSED 2. Resolution Adopting 2016 Budget and Approving Other Expenditures Motion by Supr. Babbitt, 2nd by Supr. Schachtner to approve. Thompson highlighted the proposed 2016 budget and addressed questions regarding Capital Improvement Projects (CIP). He confirmed this County Board is on record and passed a resolution supporting up to $20,000,000 for bonding for the Health Center. He noted the CIP needs to be funded for 2016 and 2017 and an alternative was to split the bonding of $10,000,000 for the Health Center and the CIP. He indicated this was only a recommendation. Today's action on the budget does not commit for the remaining bonding of $10,000,000 and will come before the County Board at the December County Board meeting. Thompson reported $488,000 is built into the levy to be applied towards CIP, with $50,000 from the Health and Human Services Fund Balance to fund CIP for the Aging, Disability Resource Center (ADRC). At a future meeting, the Board may decide to supplant some future bonding for CIP and issue additional debt in late 2016 or early 2017 for the Health Center. That decision is not going to be made today. Based on feedback from County Board members the intent is to proceed with the $10,000,000 bonding and apply it towards the Health Center as originally discussed. Thompson noted another issue was brought up concerning funding parenting programs for Victim Witness Department clients. Thompson has met with the relevant departments and believes he has addressed those issues. Thompson thanked Interim Finance Director Bob Mittet and Renee Peterson for their work on the budget. Supr. Achterhof stated as a member of the Administration Committee she did not have an opportunity to review this budget. Supr. Achterhof questioned the Day Reporting Center in the budget and requested an explanation. Sheriff Shilts explained there were presentations on the Day Reporting Center to Public Protection and Judicial Committee and the Community Justice Collaborating Council (CJCC). Supr. Berke requested additional review of this request and expressed concerns regarding the letters received from John Kucinski. Thompson explained the staffing for the Day Reporting Center is not in the 2016 budget. The Day Reporting Center in the 2016 CIP in the amount of $240,822. Thompson stated the CIP is only a plan and the projects in the CIP need to have a funding source. Projects in the CIP will require committee and County Board approval. Sheriff Shilts reported Thompson approved an amount in the 2016 budget costs to reconstruct an area in the Huber Center for urgent needs such as an area to fingerprint juvenile offenders and members of the public, using teachers as an example. Supr. Nelson spoke in favor of the Day Reporting Center. The timing of funding for the Day Reporting Center will be determined on how capital improvement projects will be funded. Shilts added the CJCC intends to form a subcommittee to develop details on the Day Reporting Center. Motion by Supr. Babbitt, 2nd by Supr. Nelson to send the position request for the Assistant County Administrator back to the Administration Committee for consideration of the following question, "Is this position necessary?" If the Administration Committee believes that it is, and forwards that recommendation to the County Board, and the County Board approves the position, a further request will go back to the Administration Committee to develop a job description as well as qualifications for the position, followed by posting for the job. Secondly, in the meantime, Ziliak would remain on the grid where she is now as is now while the Administration Committee and the full County Board is considering the question. Supr. Babbitt indicated this motion does not in any way jeopardize Ziliak's position with the County, but rather revisits the new position of Assistant County Administrator. Suprs. Schachtner, Peterson and Achterhof spoke in opposition to the motion. Supr. Babbitt indicated the County Board has not has an opportunity to review and consider this new position. Suprs. Berke, Nelson and Sjoberg supported the motion noting the need for a proper review process. Thompson highlighted other positions reclassified through the McGrath study and added McGrath is working on updating job descriptions. Thompson stated if there is an intent to proceed with this motion, he would refer all reclassified positions back. Supr. Babbitt stated the Board has the right to ask questions. Thompson addressed questions regarding power structure noting it’s not uncommon for departments to have a second in command and the power structure and span of control will be clearly defined in the job description which is a work in progress. Supr. Ostness expressed concerns regarding the need for this position and the cost to the taxpayers of one-third of a million dollars in salary and fringe benefits. Thompson stated from the time he started at St. Croix County, it was apparent Ziliak was his “go to” person to help us succeed and get things done. McGrath determined the salary was fair to the duties of the position. Thompson reported an update on the status of the job descriptions will be coming forward soon. Supr. Novotny questioned how duties of a position have gone beyond the job description. Thompson responded positions evolve and duties and responsibilities of departments change and noted the reclassification of the Risk Manager position in the last four years. Supr. Brinkman expressed the need for qualifications for the Assistant County Administrator position and would like to see the job description. Discussion regarding clarification on the motion regarding Ziliak’s current position. Corporation Council Cox confirmed the intent of the movant which he inquired was Ziliak would be placed at wherever she is placed by McGrath temporarily pending review by the Administration Committee. If further clarification is necessary perhaps a motion to amend the amendment is necessary. Supr. Babbitt indicated this motion is not intended to penalize Ziliak by changing her salary or benefit package. If she is being compensated right now as a Senior Management Analysis, she would stay at that rate; if right now she is being compensated at the Assistant County Administrator now then she should stay at that rate. Thompson confirmed none of the positions reclassified through the McGrath study have changed and will be effective January 1, 2016. Cox confirmed her position would remain status quo until the process is completed as stated in the motion. Vote on amendment: Yes - 9; No - 8; Abstention - 1 (Kiesler) (Nays: Schachtner, Ring, Novotny, Sjoberg, Kilber, Peterson, Achterhof, Peavey). Cox requested a recess to confer on the vote. After the recess, Cox explained there are a few rules in play referring to the votes on the amendment. Roberts Rules indicates when a member abstains it is not counted for purposes of calculating whether there is a majority of individuals to pass the vote. Looking at Roberts Rules solely, the motion passed; however, per Cox, under 59.02 Wis. Stats. which would trump that specific Roberts Rule which states “all questions shall be determined by a majority of supervisors who are present unless otherwise provided.” Cox stated there is case law which states when a member is legally required to abstain then you do not count that person for purposes of calculating a majority. The reason for abstention is unknown, but Cox is presuming Supr. Kiesler was not legally required to abstain. The Board could request Supr. Kiesler explain his reason, but is not required to do so. Supr. Kiesler confirmed he is not legally required to abstain and explained he abstained because he does not believe the motion was clarified to his ability to render a vote. Cox added there is one additional rule the Board could enforce which provides “every supervisor present, when a question is put to the County Board or when the supervisor’s name is called, shall vote unless otherwise excused by the Board. Without the enforcement of that rule which could be done through a point of order it results in a tie. The vote was 9 votes for passage which is not a majority of supervisors present, so the motion fails. Cox confirmed if Supr. Kiesler is not excused, he is required to vote, however the enforcement of that provision would be an appeal for a re-vote or an appeal to have him vote. Cox added someone could raise a point of order requesting the Chair to enforce the rule that everyone vote. Supr. Sjoberg requested the Chair enforce that all supervisors vote and that Supr. Kiesler be given sufficient clarification. Chair Larson granted that point of order. Supr. Kiesler requested clarification concerning Ziliak's position “as is now” as stated in the amendment noting on January 1, 2016 the Sr. Management Analysis position goes away and McGrath did not grade that position. Cox indicated the position would be off the new grid and remain at the same pay until the issue is resolved. Chair Larson requested Supr. Kielser’s vote. Kiesler indicated his vote as of now, is “no” as he feels the motion has not been clarified as to what’s going to happen to this position in January. Chair Larson indicated the amendment failed. Supr. Sjoberg referenced the county library appropriation and reimbursement to libraries outside of county for rural circulation. Motion by Supr. Sjoberg, 2nd by Supr. Peterson to amend the budget to increase support for libraries outside of the County from a 70 percent funding rate to the full 100 percent funding rate which would cause an increase in the county library appropriation of $12,216. Supr. Sjoberg found this increase would not adversely affect the County’s municipal libraries including the Hudson Area Joint Library. Brinkman was excused at 11:29 a.m. Discussion regarding the Hudson Area Joint Library (HAJL). Supr. Sjoberg reported he is not recommending the appropriation for the county library tax be any less so the money will still be collected as if the County were to reimburse HAJL at 100 percent. The resolution from the Administration Committee provides as long as HAJL pays its neighbors the sum of $50,000 it owes by March 1, 2016, the County would pay HAJL full reimbursement. Supr. Sjoberg noted this does not have anything to do with the current motion as the motion deals with out-of-county libraries only. Thompson confirmed this amount is outside of the levy limit. Cox confirmed the County has the choice of funding this through the library tax or another source of funding. Supr. Peavey reminded the library tax is property tax based, not residential tax based. Supr. Sjoberg confirmed the library tax is only against rural communities which do not have their own library unless the community failed to meet its exemption requirement. Supr. Berke suggested future consideration for the Administration Committee to develop a resolution recommending statutory changes to our legislators for rural residents as it relates to library funding. Vote on amendment passed: Yes - 9; No - 8 (Nayes: Schachtner, Ring, Kilber, Larson, Kiesler, Peterson, Achterhof, Peavey (absent: Brinkman and Koch). Discussion regarding the library exemptions. Mittet confirmed some of the numbers have been updated regarding the exemptions and all are now correct. Thompson confirmed the increases in the operating levy and debt service levy. Supr. Schachtner clarified the largest driver of the increase is in debt service and will be going forward with completing projects of the Health Center and 911 upgrades. Mittet confirmed the equalized value has gone up and that offsets the results in the decrease in the millrate. Mittet added with the levy limits being what they are, the only increase that can take place is for net new construction which has been added to the tax base in the amount of $480,000. Mittet added $8,000 for a Tax Incremental District came to an end and has not been added to the tax roll. Mittet confirmed the average homeowner will see an increase in their property tax as a result of the debt service and no change as a result of the operating levy. Supr. Kiesler followed up to Supr. Berke’s request for review of the Fund Balance Policy. Supr. Berke would like review of unassigned cash balance which is at 45 percent and to look at reducing that compared to other counties across the state. She requested this be referred to the Administration Committee for possible creation of an ad hoc committee to review our policy for a fund balance and look at it proactively as soon as possible. Schachtner confirmed this matter will be on the next Administration Committee. Supr. Peavey requested adding a line for next year’s budget comparison of $100,000 of equalized instead of median home value. Supr. Sjoberg requested Cox respond to his inquiry whether action needs to be taken as part of the budget to respond to the prior actions of the HAJL which had a complete stoppage of reimbursements that it had promised starting in 2014 and continued in 2015 and cost to the libraries within our county of over $50,000. The Administration Committee suggested to give HAJL until March 1st to reconsider its position and if it starts to make its payments to its neighbors as promised, then the County would reimburse HAJL at 100 percent. Supr. Sjoberg asked if the Board needs to take action now as part of the budget, or deal with it later when the County allocates the appropriations of the county library tax. Supr. Sjoberg confirmed he received an opinion from the Department of Public Instruction stating it is up to the County to decide how to distribute the funds once collected. Cox responded he sees nothing in the statutes that would prevent the County from a course of action in which it appropriates or levies a tax consistent with 100 percent reimbursement and later decides prior to March 1 to reallocate that reimbursement so long as it is made for library purposes. Cox noted the County can decide later if it is going to reallocate that as long as it is spent for library purposes. Supr. Ring encouraged the new library committee address this and be more proactive and positive action as it is a policy discussion. Supr. Achterhof questioned the part-time drug court position moving to a fulltime position. Thompson indicated this position is not recommended in the budget and is not sure if it has any bearing on the HHS wait list. There is a newly appointed drug court coordinator and this will allow her more time to review her staff needs. Supr. Achterhof referenced the CIP noting several new items for 2016 and would appreciate a better plan so there are not as many financial surprises. Supr. Nelson requested an explanation of the General Fund Loan in the amount of $1,125,996. Thompson stated this is being earmarked for the therapy pool, adult daycare and geothermal for the Health Center project. Brinkman returned to the meeting. Resolution, as amended passed: Yes - 15; No - 3 (Nays: Kilber, Ostness, Brinkman) Ostness left the meeting at 12:00 noon. RESULT: ADOPTED AS AMENDED [15 TO 3] MOVER: Christopher Babbitt, Supervisor SECONDER: Travis Schachtner, Supervisor AYES: Travis Schachtner, Agnes Ring, Christopher Babbitt, Howard Novotny, Roy Sjoberg, Scott Nelson, Jill Ann Berke, Roger Larson, Daniel Hansen, Ron Kiesler, David Peterson, Paulette Anderson, Judy Achterhof, Shaela Leibfried, William Peavey NAYS: Chris Kilber, Dave Ostness, Andy Brinkman ABSENT: Carah Koch 3. Resolution Approving Library Exemptions for 2016 Supr. Sjoberg explained the updated exemption worksheet distributed today, noting the proposed appropriations for 2016 now includes an accurate amount from the Town of Hudson. The City of Hudson does not have its final number yet. Supr. Sjoberg reported there have been discussions regarding a five percent increase or a larger. There have been reasonable assurances from the four municipalities in the HAJL that their amounts will at least meet their exemption amount and with that assurance, Supr. Sjoberg will support this motion to exempt the four municipalities from the HAJL as well as the other municipalities listed on the worksheet. RESULT: ADOPTED [UNANIMOUS] MOVER: Roy Sjoberg, Supervisor SECONDER: Travis Schachtner, Supervisor AYES: Travis Schachtner, Agnes Ring, Christopher Babbitt, Howard Novotny, Roy Sjoberg, Chris Kilber, Scott Nelson, Jill Ann Berke, Roger Larson, Daniel Hansen, Ron Kiesler, Andy Brinkman, David Peterson, Paulette Anderson, Judy Achterhof, Shaela Leibfried, William Peavey ABSENT: Carah Koch, Dave Ostness 4. Resolution to Charge Back Municipalities Due to Illegal Real Estate Taxes Cox explained this is a routine resolution when there are double assessments or a parcel does not exist, minor errors appear which the county writes. County Treasurer Noble explained this cleans up the tax roll. RESULT: ADOPTED [UNANIMOUS] MOVER: Jill Ann Berke, Supervisor SECONDER: Travis Schachtner, Supervisor AYES: Travis Schachtner, Agnes Ring, Christopher Babbitt, Howard Novotny, Roy Sjoberg, Chris Kilber, Scott Nelson, Jill Ann Berke, Roger Larson, Daniel Hansen, Ron Kiesler, Andy Brinkman, David Peterson, Paulette Anderson, Judy Achterhof, Shaela Leibfried, William Peavey ABSENT: Carah Koch, Dave Ostness 5. Resolution Adopting a County Plan of Library Service Brief explanation by Supr. Sjoberg. RESULT: ADOPTED [16 TO 0] MOVER: Roy Sjoberg, Supervisor SECONDER: Travis Schachtner, Supervisor AYES: Travis Schachtner, Agnes Ring, Christopher Babbitt, Howard Novotny, Roy Sjoberg, Scott Nelson, Jill Ann Berke, Roger Larson, Daniel Hansen, Ron Kiesler, Andy Brinkman, David Peterson, Paulette Anderson, Judy Achterhof, Shaela Leibfried, William Peavey ABSTAIN: Chris Kilber ABSENT: Carah Koch, Dave Ostness 6. Resolution Approving Amendment to Town of Hudson Zoning Ordinance 3.002 Acres, CSM 6-1726, 650 Brakke Drive Brief explanation by Supr. Ring. RESULT: ADOPTED [UNANIMOUS] MOVER: Agnes Ring, Supervisor SECONDER: Daniel Hansen, Supervisor AYES: Travis Schachtner, Agnes Ring, Christopher Babbitt, Howard Novotny, Roy Sjoberg, Chris Kilber, Scott Nelson, Jill Ann Berke, Roger Larson, Daniel Hansen, Ron Kiesler, Andy Brinkman, David Peterson, Paulette Anderson, Judy Achterhof, Shaela Leibfried, William Peavey ABSENT: Carah Koch, Dave Ostness 7. RESOLUTION TO REPEAL STATUTORY PROVISIONS IN THE STATE OF WISCONSIN 2015-2017 BUDGET RELATING TO SHORELAND ZONING STANDARDS (Sections 1922AM-1922L of 2015 Wisconsin Act 55) Supr. Ring provided background information. RESULT: ADOPTED [14 TO 3] MOVER: Agnes Ring, Supervisor SECONDER: Travis Schachtner, Supervisor AYES: Travis Schachtner, Agnes Ring, Christopher Babbitt, Howard Novotny, Roy Sjoberg, Scott Nelson, Jill Ann Berke, Roger Larson, Daniel Hansen, Ron Kiesler, David Peterson, Paulette Anderson, Judy Achterhof, Shaela Leibfried NAYS: Chris Kilber, Andy Brinkman, William Peavey ABSENT: Carah Koch, Dave Ostness 8. Resolution to Purchase Real Property, Along 153rd Ave in the Town of Somerset for a County Park and Approve Budget Amendment for the Purchase Community Development Director Ellen Denzer provided background information relating to this purchase. The Community Development Committee has recommended acquisition of 13.764 acres, located in Section 14, T30N, R19W Town of Somerset from Margaret H. Orf, which is adjacent to Bass Lake. Denzer explained this requires a 2015 budget amendment. Supr. Kilber expressed concerns regarding government entities owning too much land and are purchase prime properties. Discussion regarding park development. Denzer confirmed mitigation funds are not available for park development noting it will take several years before the physical park is developed however, the park will be open with minimal facilities. RESULT: ADOPTED [16 TO 1] MOVER: Jill Ann Berke, Supervisor SECONDER: Agnes Ring, Supervisor AYES: Travis Schachtner, Agnes Ring, Christopher Babbitt, Howard Novotny, Roy Sjoberg, Scott Nelson, Jill Ann Berke, Roger Larson, Daniel Hansen, Ron Kiesler, Andy Brinkman, David Peterson, Paulette Anderson, Judy Achterhof, Shaela Leibfried, William Peavey NAYS: Chris Kilber ABSENT: Carah Koch, Dave Ostness 9. Resolution Opposing 2015 Senate Bill 294, Dismantling the Government Accountability Board Supr. Schachtner explained the proposed changes to the Government Accountability Board (GAB). Supr. Sjoberg stated the proposal would dismantle the non-partisan board which oversees election administration and campaign finance laws. RESULT: ADOPTED [15 TO 2] MOVER: Travis Schachtner, Supervisor SECONDER: Christopher Babbitt, Supervisor AYES: Travis Schachtner, Agnes Ring, Christopher Babbitt, Howard Novotny, Roy Sjoberg, Scott Nelson, Jill Ann Berke, Roger Larson, Daniel Hansen, Ron Kiesler, David Peterson, Paulette Anderson, Judy Achterhof, Shaela Leibfried, William Peavey NAYS: Chris Kilber, Andy Brinkman ABSENT: Carah Koch, Dave Ostness 10. Resolution approving 24/7 access during times of emergency Supr. Brinkman explained this resolution formally adds the County Board Chair, the County Board Vice Chair, and the Public Protection and Judiciary Committee Chair 24/7 access to the St. Croix County Government Center during times of emergency, upon approval of the Chief Judge of the 10th Judicial District. RESULT: ADOPTED [UNANIMOUS] MOVER: Andy Brinkman, Supervisor SECONDER: Scott Nelson, Supervisor AYES: Travis Schachtner, Agnes Ring, Christopher Babbitt, Howard Novotny, Roy Sjoberg, Chris Kilber, Scott Nelson, Jill Ann Berke, Roger Larson, Daniel Hansen, Ron Kiesler, Andy Brinkman, David Peterson, Paulette Anderson, Judy Achterhof, Shaela Leibfried, William Peavey ABSENT: Carah Koch, Dave Ostness REQUEST FOR FUTURE AGENDA ITEMS Supr. Ring requested an update on the future of heroin status in the St. Croix County. Chair Larson referred this request to the Public Protection and Judiciary Committee. COUNTY CLERK'S REPORT OF CORRESPONDENCE AND REZONING REQUESTS County Clerk Campbell reported the 2016 Spring Election notice will be published at the end of November. County Supervisor candidacy packets are available in her office and online. The deadline to file is January 5, 2016 and the first day to circulate nomination papers is December 1, 2015. ANNOUNCEMENTS ADJOURNMENT 12:50 p.m.