HomeMy WebLinkAboutResolution 2011 (83)
I RESOLUTION DESIGNATING THE ST. CROIX COUNTY TRANSPORTATION
2 COMMITTEE TO HEAR APPEALS OF HIGHWAY DEPARTMENT DECISIONS
3 MADE PURSUANT TO WISCONSIN STATUTES § 86.07
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5 Resolution No. f~--? (,I0 t i
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7 St. Croix County, Wisconsin
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9 WHEREAS, pursuant to Wisconsin Statutes § 86.07, no person may make any
10 excavation or alteration or in any manner disturb a County highway or bridge, including the
11 construction of a driveway/access, without first obtaining a permit from an officer or employee
12 of the Highway Department; and
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14 WHEREAS, Wisconsin Statutes Chapter 68 provides that any person having a
15 substantial 'interest which is adversely affected by an administrative determination of a county
16 board, commission, committee, agency, officer or employee, or agent acting on behalf of a
17 county, may have such determination reviewed as provided in Chapter 68; and
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19 WHEREAS, a decision to grant or deny a permit under Wisconsin Statutes § 86.07 is an
20 administrative determination by an employee of the Highway Department subject to review
21 under Wisconsin Statutes Chapter 68; and
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23 WHEREAS, Wisconsin Statutes Chapter 68 allows review of the initial determination to
24 be done by the person, agency, committee, board, commission or body who made the initial
25 determination, or an independent review of the initial determination by another person,
26 committee or agency of the county ; and
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28 WHEREAS, it is sensible to have a review of the initial determination done by the
29 Highway Commissioner since it is the Highway Commissioner's employee who made the
30 initial determination; and
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32 WHEREAS, Wisconsin Statutes Chapter 68 also allows an appeal of the decision made
33 in the review of the initial determination, and directs a hearing to be held if an appeal is
34 requested; and
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36 WHEREAS, the appeal hearing has to be performed by an impartial decision maker
37 who did not participate in making or reviewing the initial determination; and
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39 WHEREAS, it is sensible to have the Transportation Committee act as the impartial
40 decision maker because it does not participate in the decision to grant or deny a permit under
41 Wisconsin Statutes § 86.07 but it is familiar with policies and procedures relating to County
42 highways.
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44 THEREFORE, BE IT RESOLVED that the St. Croix County Board of Supervisors
45 adopts the policy set out below for review of administrative decisions to grant or deny a permit
46 under Wisconsin Statutes § 86.07:
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RESOLUTION DESIGNATING THE ST. CROIX COUNTY TRANSPORTATION COMMITTEE TO HEAR APPEALS OF HIGHWAY
DEPARTMENT DECISIONS MADE PURSUANT TO WISCONSIN STATUTES § 86.07 - Continued
48 IX. Highway Commissioner Decision Review Policy
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50 A. If a request for review of an initial determination to grant or deny a permit under
51 Wisconsin Statutes § 86.07 is made, the review shall be conducted by the
52 Highway Commissioner, following the procedures in Wisconsin Statutes Chapter
53 68.
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55 B. If an appeal of the Highway Commissioner's review is requested, the
56 Transportation Committee shall hold a hearing on the appeal, following the
57 procedures in Wisconsin Statutes Chapter 68.
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59 FURTHER BE IT RESOLVED by the St. Croix County Board of Supervisors that the
60 Review of Administrative Decisions to Grant or Deny a Permit under Wisconsin Statutes §
61 86.07 be added as section IX. Highway Commissioner Decision Review Policy, to the County
62 Board Operations Policies.
Offered b Trans ortation Committee
Yes . -No Abstain Absent This resolution was adopted by the St. Croix County
Roger Rebholz ❑ ❑ ❑
Alfred Schrank ❑ ❑ ❑ Board of Supervisors on eren"h ar ~n dc) (1
Bill Peavey ❑ ❑ ❑
Brian Hurtgen ❑ ❑ ❑
Ryan Sicard ® ❑ ❑ ❑
verify that the vote shown a ove is true and correct. Cindy Campbell, ounty Cierl
e 6 , County Board Vote: ~JC Yes
Chai , Transportation Co ittee No
Abstain
Absent i UG (f hC
LEGAL REVIEW FISCAL REVIEW
Reviewed as to form on November 3, 2011 ❑ There is a fiscal impact.
C Egg,TanmAPY'WbGt yy ® There is no fiscal impact.
Greg Timmerman, Corporation Counsel See attached Fiscal Impact Statement.
LEGAL NOTE: None
VOTE REQUIREMENT: Majority of supervisors resent
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FISCAL IMPACT STATEMENT
Submitted By: Tim Ramberg
Date: November 3, 2011
Department: Highway Department
Committee: Transportation Committee
Resolution Title: RESOLUTION DESIGNATING THE ST. CROIX COUNTY TRANSPORTATION
COMMITTEE TO HEAR APPEALS OF HIGHWAY DEPARTMENT DECISIONS MADE PURSUANT TO
WISCONSIN STATUTES § 86.07
® There is no fiscal impact on expenses or revenues
❑ There is a fiscal impact on expenses or revenues
Explanation:
This resolution addresses adminsitrative processing and no financial issue is forseen
impacting anything beyond the current staff time spent on them.
FINANCE DIRECTOR ACTION:
® Approved by Finance Director
Signature: -%licheCCe Pietricf Date: 11/3/11
FISCAL IMPACT STATEMENT - REV. 09/12/2011 Page 1