HomeMy WebLinkAbout01-03-2012 County Board
NOTICE OF MEETING AND AGENDA
ST. CROIX COUNTY BOARD OF SUPERVISORS
TUESDAY, JANUARY 3, 2012 - 9:00 A.M.
St. Croix County Government Center -1101 Carmichael Road, Hudson, Wisconsin
CALL TO ORDER
INVOCATION: Pastor Kevin Hanke, Beth Immanuel Church, Hudson, Wisconsin
PLEDGE OF ALLEGIANCE TO THE FLAG
ROLL CALL
COUNTY ADMINISTRATOR'S REPORT
REVIEW OF AGENDA
CONSENT AGENDA
(Unless separation of an item is requested, all will be adopted in one motion.)
1. Minutes of Previous Session December 6, 2011
2. Date of Next Meeting-March 6, 2012 - 9:00 a.m.
3. Rezoning - None
APPOINTMENTS:
PRESENTATION:
OLD AND NEW BUSINESS
1. Resolution Authorizing St. Croix County's Participation in the Wisconsin Economic Development Block
Grant for Economic Development Program - Fiberstar, Inc.
2. Resolution to Issue Quit Claim Deed to William J. DeYoung and Teresa A. DeYoung
3. Resolution Approving Receipt of Established Rate of Compensation by Sheriff's Deputy Tamara Mark
4. Ordinance Repealing Ordinance No. 614(2002) and Creating Chapter 63 - Maintenance and Board of Jail
Inmates - of the St. Croix County Code of Ordinances
5. Resolution Adopting the Farmland Preservation Plan
6. Ordinance Repealing Chapter 41 - Metal or Glass, Chapter 43 - Recycling and Chapter 44 - Storage of
Waste Tires and Creating Chapter 21 - St. Croix County Municipal Solid Waste: Reduction, Recovery &
Recycling of the St. Croix County Code of Ordinances
7. Resolution Approving Advisory Referendum Question Relating to the County Nursing Home
COMMITTEE AND DEPARTMENT REPORTS: Treasurer and County Clerk
COUNTY CLERK'S REPORT OF CORRESPONDENCE AND REZONING REQUESTS
ANNOUNCEMENTS:
ADJOURN
(Items may be taken in different order)
* Changes or Additions after the Preliminary Agenda Late Changes and Additions
12/28/2011 12:41:50 PM
OFFICIAL MINUTES OF THE ST.CROIX COUNTY BOARD OF SUPERVISORS
Regular Meeting - January 3, 2012
The invocation was given by Pastor Kevin Hanke of Beth Immanuel Church, Hudson Wisconsin. The Pledge of
Allegiance was recited. Meeting called to order by Chair Standafer at 9:00 a.m.
ROLL CALL: 18 Present (Suer. Sicard arrived at 9:12 am); one vacancy - District 8
COUNTY ADMINISTRATOR'S REPORT: County Administrator Patrick Thompson reported on areas he is
focusing on in the next few months including budgets, labor management relations, SCOPE employees wage grid,
finalization of the County's strategic plan, and development of a pay for performance system. Thompson reported
on beginning the evaluation process of management employees and will continue to monitor vacancies in all
departments. Thompson will also be working on developing an orientation for the new County Supervisors when
they begin their term in April 2012. Thompson noted a Committee of the Whole meeting is scheduled for January
26, 2012 in which there will be a presentation of the final strategic plan. Thompson reported he will be meeting with
Hudson School District officials to discuss their need for future space for school facilities and excess Government
Center property. Supr. Malick requested Thompson confirm the Government Center property is currently zoned for
public use only with the school being one of two potential users of this property.
REVIEW OF AGENDA - Chair Standafer reviewed the agenda.
CONSENT AGENDA: Motion by Supr. Schrank, 2nd by Supr. Larson to adopt the consent agenda approving the
December 6, 2011 County Board minutes and setting the next meeting for March 6, 2012. Carried unanimously.
APPOINTMENTS: None
PRESENTATION: None
OLD AND NEW BUSINESS
1. Resolution 91(2012) Authorizing St. Croix County's Participation in the Wisconsin Economic
Development Block Grant for Economic Development Program - Fiberstar, Inc. - Motion by Supr. Sicard, 2nd
by Supr. Wentz to approve. Carried unanimously.
2. Resolution 92(2012) to Issue Quit Claim Deed to William J. DeYoung and Teresa A. DeYoung - Motion
by Supr. Norton-Bauman, 2nd by Supr. Larson to approve. Carried unanimously.
3. Resolution 93(2012) Approving Receipt of Established Rate of Compensation by Sheriffs Deputy
Tamara Mark - Motion by Supr. Larson, 2nd by Supr. Malick to approve. Carried unanimously.
4. Ordinance 9806(2012) Repealing Ordinance No. 614(2002) and Creating Chapter 63 - Maintenance
and Board of Jail Inmates - of the St. Croix County Code of Ordinances - Motion by Supr. Larson, 2nd by
Supr. Schrank to approve. Questions from Supr. Luckey regarding 63.01 (b) in which the Sheriff can make the
choice and noting the language in 63.02 a - f in which the language is "will be" or "shall be" charged. Motion by
Supr. Luckey, 2nd by Supr. Malick to amend section 63.02 items a. through f. to change "will be" to "may be"
including items 1. 2. 3. and 4 under c. Discussion on amendment. Supr. Hermsen expressed concerns on who
will make the decision and feels this should have gone to a public hearing and intends to vote against the
amendment and give the Sheriff specific direction. Supr. Malick indicated the state has given Sheriffs a great
deal of discretion in charging of fees in the management of j ails. Amendment passed: Yes - 15; No - 3.
Alfred Schrank - D1 voted: Y Vacant - D8 was absent Roger Rebholz - D15 voted: N
Brian Hurtgen - D2 voted: N William Peavey - D9 voted: Y Clarence Malick - D 16 voted: Y
Roger Larson - D3 voted: Y Joe Hurtgen - D 10 voted: Y Daryl Standafer - D 17 voted: N
Ryan Sicard - D4 voted: Y Lorin Sather - D11 voted: Y Robert Shearer - D18 voted: Y
Frederick Horne - D5 voted: Y Richard Marzolf - D 12 voted: Y Linda Luckey - D 19 voted: Y
Esther Wentz - D6 voted: Y Steven Hermsen - D13 voted: Y
Karen Meyer - D7 voted: Y S. Norton-Bauman-D14 voted: Y
January 3, 2012
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Ordinance as amended carried unanimously.
5. Resolution 94(2012) Adopting the Farmland Preservation Plan - (item 7) Motion by Supr. Hermsen, 2nd
by Supr. Marzolf to approve. Interim Planning and Zoning Director Pete Kling provided a brief background of
the plan updates and the formal process taken beginning in 2010 noting public input. Kling indicated if the plan
is approved and certified by the state, the Planning and Zoning Department would need to update the Agriculture
Zoning District in future. Discussion regarding allowing smaller lot sizes in farmland preservation areas. Kling
noted smaller lot sizes may allow farmers more flexibility to possibly create a lot that is not 35 acres in size and
recognizes the potential growth in St. Croix County. Carried: Yes - 16; No - 2. Supr. Hermsen thanked the
committee and staff for their work on this plan.
Alfred Schrank - D 1 voted: Y Vacant - D8 was absent Roger Rebholz - D 15 voted: Y
Brian Hurtgen - D2 voted: Y William Peavey - D9 voted: Y Clarence Malick - D 16 voted: N
Roger Larson - D3 voted: Y Joe Hurtgen - D 10 voted: Y Daryl Standafer - D 17 voted: Y
Ryan Sicard - D4 voted: Y Lorin Sather - D 11 voted: N Robert Shearer - D 18 voted: Y
Frederick Horne - D5 voted: Y Richard Marzolf - D 12 voted: Y Linda Luckey - D 19 voted: Y
Esther Wentz - D6 voted: Y Steven Hermsen - D13 voted: Y
Karen Meyer - D7 voted: Y S. Norton-Bauman-D 14 voted: Y
6. Ordinance Repealing Chapter 41 - Metal or Glass, Chapter 43 - Recycling and Chapter 44 - Storage
of Waste Tires and Creating Chapter 21 - St. Croix County Municipal Solid Waste: Reduction, Recovery
& Recycling of the St. Croix County Code of Ordinances - Motion by Supr. Hermsen, 2nd by Supr. Marzolf to
approve. Sr. Planner Ellen Denzer provided a history of this ordinance amendment which began in 2007. Supr.
Luckey addressed issues and concerns with regard to inspections on page 21-15, Section C. 1. A through F,
noting several concerns by the public at the November 30th public hearing. Supr. Luckey distributed written
language to amend Section C. Motion by Supr. Luckey, 2nd by Supr. Sather to strike section C and insert the
following language:
C. INSPECTIONS
1. INSPECTION FOR COMPLIANCE
a. to determine whether a person subject to the provisions of this ordinance is in compliance
therewith, the Planning and Zoning Department, subject to the provisions in b. through d. below, reserves
the right to inspect the following:
1) Hauler vehicles.
2) A municipal solid waste collection site or facility to which multiple loads of municipal
solid waste are brought.
3) A site, exterior to a single family or multi family dwelling (excluding agricultural
structures), or an non-residential property, if municipal solid waste on the site poses a threat to public
health, safety, or the environment, or creates a nuisance, an eyesore, an unsanitary condition, or afire
hazard, or is being burned or buried
b. Before engaging in any such inspection, the County's representative shall seek permission
from the owner or authorized agent therefor for access to inspect. The County's representative (S) shall
present to the owner or their authorized agent appropriate credentials, identifying them as representatives
of St. Croix County for these purposes.
c. If an owner or agent declines access to the County's representative, an application for a
special inspection warrant under Wisconsin Statutes 66.0119 may be made.
d. If violations are identified, enforcement procedures shall commence.
Discussion regarding burn and bury in agriculture use and the presence of heavy metal waste in streams. Chair
Standafer asked Denzer the effect of this amendment and if staff would support the change. Denzer indicated the
amendment is extensive and added the Community Development Committee (CDC) attempted to respond to the
January 3, 2012
Page 3 of 4
concerns of the County Board previously noting the inspection section was re-written to not allow inspections of
interior structures and retained inspections of non-residential properties and multi-family properties. Supr.
Malick indicated the amendment is an improvement over the original ordinance but fails to address some
important features including inspections ought to follow a reason to suspect there is a violation (i.e. if there is a
complaint); multi-family dwellings inspections should be specific to the hallways and shared spaces, not the
residences; and provide protection farmers need to burn brush. Supr. Malick recommends sending this back to
CDC with those thoughts and return with something better. Motion by Malick, 2"d by Supr. Sather to table for
the CDC to return with a revision. Passed: Yes - 13; No - 5.
Alfred Schrank - D 1 voted: Y Vacant - D8 was absent Roger Rebholz - D 15 voted: Y
Brian Hurtgen - D2 voted: N William Peavey - D9 voted: Y Clarence Malick - D 16 voted: Y
Roger Larson - D3 voted: Y Joe Hurtgen - D 10 voted: Y Daryl Standafer - D 17 voted: N
Ryan Sicard - D4 voted: Y Lorin Sather - D 11 voted: Y Robert Shearer - D 18 voted: N
Frederick Horne - D5 voted: Y Richard Marzolf - D 12 voted: N Linda Luckey - D 19 voted: Y
Esther Wentz - D6 voted: Y Steven Hermsen - D13 voted: Y
Karen Meyer - D7 voted: Y S. Norton-Bauman-D 14 voted: N
Hermsen requested additional instructions regarding inspections for compliance and agricultural burning. Supr.
Luckey indicated she had other issues to address. Chair Standafer requested issues be presented to CDC. Supr.
Sather suggested the revised ordinance be provided to the town boards before action by the County Board and
asked to make the changes to the old ordinance to make it compliant. Chair Standafer confirmed with Denzer
that based on the number of changes, another public hearing would take place. Supr. Hermsen requested the
County Board vote on this in March. Supr. Malick indicated he would not concede that this is a substantial
change that requires another public hearing. The changes are concepts that are already present in the version that
came out of the last public hearing. Chair Standafer indicated Corporation Counsel and staff will need to make
that determination. Supr. Luckey noted the public has not had an opportunity to review the version presented for
the County Board meeting today.
7. Resolution 95(2012) Approving Advisory Referendum Question Relating to the County Nursing Home
- Motion by Supr. Wentz, 2nd by Supr. Schrank to approve. Chair Standafer stated the resolution is whether or not
to approve an advisory referendum relating to the Nursing Home for the April 3rd Spring Election ballot and
cautioned Supervisors not to get into side issues. Supr. Hermsen asked if Supr. Horne, Mayor of the City of New
Richmond, would be willing to recuse himself because of the City of New Richmond's negotiations with regard
to bonding for the Deerfield Nursing Home complex. Supr. Horne indicated he does not feel he needs recuse
himself from this matter as the Deerfield matter has nothing to do with County Nursing Home and feels public
realizes he is in support of the County Nursing Home.
Supr. Marzolf spoke in support of the resolution noting the November 2008 referendum passed by a margin of 2
- 1 to continue to fund the Nursing Home with levy dollars.
Supr. Sather spoke against the resolution noting the question was asked in 2008 and indicated there are other beds
available in other nursing homes in St. Croix County.
Supr. Norton-Bauman spoke against the resolution noting the results of the referendum in 2008 and the need to
have a binding referendum.
Supr. Wentz spoke in support of the resolution noting the 2008 referendum has not translated to the County
Board and to give our constituents their say.
Supr. Hermsen spoke in opposition to the resolution noting the County Board's responsibility to deal with levy
dollars. Supr. Hermsen reminded the County Board of the vote not to give levy dollars to the Nursing Home.
January 3, 2012
Page 4 of 4
Supr. Malick spoke in favor of the resolution highlighting the wording of the proposed question and explanation
that it points out how much levy support is in the budget for the 2012 Nursing Home budget.
Supr. Horne spoke in favor of the resolution and his desire to continue to support Nursing Home in New
Richmond.
Supr. Peavey echoed Supr. Norton-Bauman's comments noting a binding referendum would be more appropriate.
Supr. Shearer also echoed Supr. Norton-Bauman and Peavey's comments and to put this off for the new County
Board.
Motion by Supr. Norton-Bauman, 2"d by Supr. Sather to amend the resolution to include "in New Richmond"
after St. Croix County nursing home in the title of the resolution and on lines 8, 14, 24, 36, 41, 52, 56, 57, 63, 67,
72. Carried unanimously. Supr. Marzolf noted a wording adjustment in line 24, "Whereas the budget for the St.
Croix County nursing home in New Richmond..." Amended resolution passed: Yes - 11; No - 7.
Alfred Schrank - D 1 voted: Y Vacant - D8 was absent Roger Rebholz - D 15 voted: Y
Brian Hurtgen - D2 voted: Y William Peavey - D9 voted: N Clarence Malick - D 16 voted: Y
Roger Larson - D3 voted: Y Joe Hurtgen - D 10 voted: Y Daryl Standafer - D 17 voted: N
Ryan Sicard - D4 voted: Y Lorin Sather - D 11 voted: N Robert Shearer - D 18 voted: N
Frederick Horne - D5 voted: Y Richard Marzolf - D 12 voted: Y Linda Luckey - D 19 voted: N
Esther Wentz - D6 voted: Y Steven Hermsen - D13 voted: N
Karen Meyer - D7 voted: Y S. Norton-Bauman-D 14 voted: N
Committee and Department Reports: Written reports were submitted by the Treasurer and County Clerk. Chair
Standafer asked if there were any questions on the reports. Malick requested an electronic version of the
Treasurer's report and Supr. Hermsen asked questions regarding tax deed parcels. Supr. Malick noted the County
Board/Committees and Commissions budget is under budget for 2011. Supr. Hermsen asked the County Clerk if the
elections budget included recall elections. Clerk Campbell indicated the 2012 election budget was calculated for four
elections in 2012.
County Clerk's Report of Correspondence and Rezoning Requests: County Clerk Campbell had no
correspondence and read a rezoning request for Kirk Hexum, Town of Star Prairie to rezone approximately 1.0 acre
from Ag-Residential to Commercial.
Announcements: Chair Standafer announced a Committee of the Whole meeting is scheduled for January 26th
Meeting adjourned at 11:49 a.m.
Daryl Standafer, Chair, St. Croix County Board of Supervisors
Cindy Campbell, County Clerk