REGULAR MEETING OF THE PRICE COUNTY BOARD OF SUPERVISORS
APRIL 21, 2009
9:00 a.m. – County Board Room – Courthouse – Phillips, WI
Meeting called to order by Robert Kopisch, County Board Chair
Invocation – given by Deacon James Celba.
Pledge of Allegiance recited by those in attendance
Roll Call: Present (13): Eugene Schneider, Robert Rogalla, John Walasek, Ronald Kardas, James Robb, Ronald Heikkinen, Richard Schneider, Joseph Rasmussen, Jay Janssen, Robert Kopisch, John Vlach, Russell Kapitz, Richard Kelnhofer.
Approval of meeting minutes of the February 17, 2009 meetings: Motion Kelnhofer/E. Schneider to approve minutes of the February 17, 2009 meetings as presented. All ayes, motion carried.
Communications and Announcements: None
Public Comment: 1. Russell Severt from Town of Fifield and Tom Kiesgen from Town of Fifield regarding the resolution for Board of Adjustment fee.
At 9:15 a.m. a public hearing was declared open for the purpose of Phillips Plastics, Inc. application for a Community Development Block Grant Economic Development loan. Public hearing conducted by John Strochine from the Northwest Regional Planning Commission. Public hearing declared closed at 9:30 a.m.
Resolutions:
Authorizing Submission of a CDBG-ED Application
Relating to the County of
Price’s participation in the Wisconsin Community Development Block Grant for
Economic Development program. WHEREAS, Federal monies are available under the
Community Development Block Grant program, administered by the State of
Wisconsin, Department of Commerce, for the purpose of Economic Development; and
WHEREAS, after public meeting and due consideration, the Price County Board has
recommended that an application be submitted to the State of Wisconsin for the
following project: The securing of additional working capital for Phillips
Plastics, Inc. in the City of Phillips, and WHEREAS, it is necessary for the
Price County Board, to approve the preparation and filing of an application for
the County to receive funds from this program; and WHEREAS, the Price County
Board has reviewed the need for the proposed project and the benefit(s) to be
gained there from; NOW, THEREFORE, BE It RESOLVED, that the County Board does
approve and authorize the preparation and filing of an application for the
above-named project; and the County Board Chairman is hereby authorized to sign
all necessary documents of behalf o the County; and that authority is hereby
granted to the Northwest Regional Planning Commission to take the necessary
steps to prepare and file the appropriate application for funds under this
program in accordance with this resolution. ADOPTED on this 21st day of April.
2009. ATTEST:
s/Jean Gottwald, County Clerk. The governing body of the County of Price has
authorized the above resolution by Resolution No. 16-09 dated April 21, 2009.
s/Robert Kopisch, County Board Chairman, County of Price. Motion E.
Schneider/Robb to consider resolution for adoption. Roll call vote: Yes (12):
E. Schneider, Rogalla, Walasek, Kardas, Robb, Heikkinen, R. Schneider,
Rasmussen, Janssen, Vlach, Kapitz, Kelnhofer; No (0); Motion carried.
Resolution 17-09
Adopting Price County Deposit and Investment Policy
WHEREAS, the timely deposit and investment of public funds is an important and integral part of any cash management program, and WHEREAS, acceptance and approval of this policy is intended for the use and guidance of the designated official with investment authority, and WHEREAS, the purpose of this policy it to establish guidelines for investments which are broad enough to allow the investment officer to function properly within the parameters of responsibility and authority, and WHEREAS, this policy is also intended to be specific enough to establish a prudent set of basic procedures to assure that investment assets are adequately safeguarded, and WHEREAS, it assures that the fundamental principles concerning public moneys has four basic criteria: legality, safety, liquidity and yield, and WHEREAS, a formal deposit policy is recommended “that limits the County’s allowable deposits and addresses the specific types of risk to which the County is exposed” by the County’s independent auditor. NOW THERFORE BE IT that the Price County Board of Supervisors adopt the Deposit and Investment Policy, dated April 21, 2009, to govern the investment and deposit decisions pertaining to Price County funds.
Submitted by the Price County Executive/Finance / IT Committee. s/Robert Kopisch, Chair ; Richard Kelnhofer, Vice-chair; Richard Schneider; Joseph Rasmussen; Russell Kapitz. Adopted by the Price County Board of Supervisors this 21st day of April, 2009. s/Robert Kopisch, County Board Chair; Jean Gottwald, County Clerk. For: 12, Against: 0
Motion Rasmussen/Kapitz to consider resolution for adoption. Roll call vote: Yes (12): E. Schneider, Rogalla, Walasek, Kardas, Robb, Heikkinen, R. Schneider, Rasmussen, Janssen, Vlach, Kapitz, Kelnhofer; No (0); Motion carried.
Resolution 18-09
Wisconsin Weatherization Program Fee Charged by Register of Deeds
WHEREAS the WI Department of Commerce has discontinued their $50.00 Rental Weatherization Stipulation and Waiver fee, and WHEREAS Price County will no longer receive a $5.00 rebate from the Department of Commerce for services provided by the Price County Register of Deeds Office acting as agents for the Department of Commerce, and WHEREAS the Wisconsin Register of Deeds Association recommends a fee of $20.00 be charged for continuing to have local registrars act as an agent for the Wisconsin Weatherization Program. BE IT RESOLVED that the Price County Register of Deeds Office continue as rental agents for the Department of Commerce and that the Rental Weatherization validation fee for Price County Register of Deeds, acting as agents for the Wisconsin Department of Commerce shall be $20.00 per application. BE IT RESOLVED by the Price County Board of Supervisors, at their April 21, 2009 meeting, that the resolution be adopted. Submitted by the Price County Executive/Finance / IT Committee. s/Robert Kopisch, Chair ; Richard Kelnhofer, Vice-chair; Richard Schneider; Joseph Rasmussen; Russell Kapitz. Fiscal Impact: $100 a year increase. Adopted by the Price County Board of Supervisors this 21st day of April, 2009. s/Robert Kopisch, County Board Chair; Jean Gottwald, County Clerk. For: 12, Against: 0. Motion Kelnhofer/Rasmussen to consider resolution for adoption. Roll call vote: Yes (12): E. Schneider, Rogalla, Walasek, Kardas, Robb, Heikkinen, R. Schneider, Rasmussen, Janssen, Vlach, Kapitz, Kelnhofer; No (0); Motion carried.
Resolution 19-09
Budget Amendments for Fiscal Year Ending December 31, 2009
WHEREAS the Price County Board of Supervisors at their November 17, 2008 meeting, after public hearing, adopted the 2009 budget for Price County, and WHEREAS the Executive/Finance / Information Technology Committee of the Price County Board of Supervisors on April 16, 2009 were advised of changes to the revenues which have been made available to the Finance and Human Services departments, and WHEREAS the Wisconsin Statutes 65.90(5)(a)(1) states “A budget…may not be changed unless authorized by a vote of two-thirds of the membership of the governing body of the municipality”, and WHEREAS the proposed amendments recommended by the Price County Executive/Finance / Information Technology Committee does not change the amount of tax levied and the proposed amendments will more accurately record the financial activities of Price County during 2009, BE IT RESOLVED by the Price County Board of Supervisors at their April 21, 2009 meeting that the 2009 budget as adopted be amended to include the following changes:
Department/Account Amount of Amendment
Executive/Finance
Revenue 100-02-43588-000-000 14,297
Expense 100-02-51120-775-000 14,297
Human Services
Revenue 220-60-43561-000-000 564
Expense 220-60-54420-000-000 564
BE IT FURTHER RESOLVED that the County Clerk be instructed to publish a Class 1 notice within 10 days of these amendments informing the public of these particular changes. Submitted by the Price County Executive/Finance / IT Committee. s/Robert Kopisch, Chair ; Richard Kelnhofer, Vice-chair; Richard Schneider; Joseph Rasmussen; Russell Kapitz. Adopted by the Price County Board of Supervisors this 21st day of April, 2009. s/Robert Kopisch, County Board Chair; Jean Gottwald, County Clerk. For: 12, Against: 0. Motion Vlach/E. Schneider to consider resolution for adoption. Roll call vote: Yes (12): E. Schneider, Rogalla, Walasek, Kardas, Robb, Heikkinen, R. Schneider, Rasmussen, Janssen, Vlach, Kapitz, Kelnhofer; No (0); Motion carried.
Resolution 20-09 (TABLED)
Amendment to Price County Fee Schedule Regarding Appeals to the Board of Adjustment
WHEREAS, Chapter 59.69 Wis. Stats. Provides the authority for the Price County Board of Supervisors (Board) to promote health, safety and general welfare within the limits of the County by creating a Zoning Committee and adopting a Zoning Ordinance, and WHEREAS, Chapter 59.694 Wis. Stats, provides the authority for the Board to appoint a Board of Adjustment: a) to hear and decide appeals where it is alleged there is error in an order, requirement, decision or determination made by an administrative official in the enforcement of Chapter 59.69 Wis. Stats. or of any ordinance enacted pursuant thereto, b) to hear and decide special exceptions to the terms of the ordinance upon which the board is required to pass under such ordinance and c) to authorize upon appeal in specific cases variances from the terms of the ordinance that will not be contrary to the public interest, where owing to special conditions, a literal enforcement of the provisions of the ordinance will result in unnecessary hardship, and so that the spirit of the ordinance shall be observed and substantial justice done, and WHEREAS, Chapter 59.697 Wis. Stats. provides the authority for the Board to establish a schedule of fees to be charged for the filing of petitions for amendment and notices of appeal under ss. 59.69 and 59.694 relating to zoning ordinances, and WHEREAS, the Board has duly adopted a fee schedule for appeals to the Board of Adjustment, most recently as the revision adopted on October 17, 2006, and WHEREAS, such Board of Adjustment (BOA) fee has been charged regularly and consistently for appeals to the BOA, and WHEREAS, the language of “appeal” and “variance” has been used interchangeably to refer to appeals to the BOA, NOW THEREFORE BE IT RESOLVED, that, in order to eliminate the confusing language contained in the fee schedule adopted on October 17, 2006, the fee schedule be changed, as attached, to reflect past practice and the intent of the Board to establish a fee for appeals to the Board of Adjustment of $500.00 without regard to the specific purpose of the appeal. Submitted by the Price County Executive/Finance / IT Committee. s/Robert Kopisch, Chair ; Richard Kelnhofer, Vice-chair, Richard Schneider, Joseph Rasmussen, Russell Kapitz. Motion Robb/R. Schneider to consider resolution for adoption. Motion E. Schneider/Rogalla to table and return to Executive/Finance and review fee charged. Roll call vote: Yes (10): E. Schneider, Rogalla, Walasek, Kardas, Robb, Heikkinen, Janssen, Vlach, Kapitz, Kelnhofer; No (2): R. Schneider, Rasmussen; Motion carried.
Resolution 21-09
Opposing the Governor’s Proposed Changes to Insurance Laws and 2009 Senate Bill 20
WHEREAS, Governor Jim Doyle’s 2009 Executive Budget Bill (2009 Assembly Bill 75) contains several anti-tort reform proposals including, but not limited to:
· Changing comparative negligence laws to force a defendant to pay one hundred percent of the damages when they have as little as one percent of liability;
· Forcing individuals, companies and local governments to pay for higher levels of insurance by increasing mandatory minimum auto liability insurance limits;
· Changing the definition of an “underinsured motorist” in a way that increases insurance claims;
· Requiring insurance companies to cover “uninsured motorist” insurance claims when no contact was made between the insured’s car and another car, thereby increasing the risk of fraudulent claims;
· Allowing “stacking” of coverage for “underinsured motorists” such that the coverage limits for an accident are not limited to the policy relating to the particular vehicle involved in the accident;
· Forcing excess or umbrella insurers to offer to cover certain claims when the coverage was not requested by the insured; and
WHEREAS, the aforementioned anti-tort reform proposals would significantly increase the cost of providing insurance in Wisconsin; and WHEREAS, Price County currently procures its liability insurance through Wisconsin County Mutual Insurance Corporation (WCMIC); and WHEREAS, WCMIC is a county owned and operated mutual insurance company created for the purpose of providing long-term stability in insurance coverage and insurance costs for counties; and WHEREAS, as a mutual insurance company, WCMIC’s increased cost of providing insurance resulting from the anti-tort reform proposals would be borne by counties and their taxpayers directly in the form of increased insurance premiums; and WHEREAS, 2009 Senate Bill 20 is currently pending before the Senate Labor, Election and Urban Affairs Committee; and WHEREAS, Senate Bill 20 would have a dramatic financial impact on counties by changing employment discrimination laws as follows:
· Allowing claimants to collect unlimited punitive damages against counties contrary to current state and federal law;
· Forcing counties to pay a punitive 10% surcharge to the court system in addition to unlimited damages;
· Forcing counties to litigate issues of compensatory and punitive damages years after the initial discrimination complaint was filed.
· Creating an irrational and inefficient complaint process where both parties have an incentive to litigate claims to the fullest extent possible; and
WHEREAS, Price County faces significant budgetary challenges related to the provision of critical state and county services at a time when state and federal financial support for such services is decreasing and the burden placed on Price County taxpayers is growing; and WHEREAS, adding new costs for counties and forcing counties to increase their tax levies during our current economic downturn would be devastating to property taxpayers who can ill afford increased taxes or increased insurance costs; NOW, THEREFORE, BE IT RESOLVED, that the Price County Board of Supervisors hereby opposes the Governor’s proposed changes to insurance laws included in his 2009 Executive Budget and the proposed changes to employment discrimination laws in 2009 Senate Bill 20 and strongly encourages its senators and representatives in the Wisconsin State Legislature to reject the Governor’s proposals and Senate Bill 20. Dated this 21st day of April, 2009. Submitted by the Price County Executive/Finance / IT Committee. s/Robert Kopisch, Chair ; Richard Kelnhofer, Vice-chair, Richard Schneider, Joseph Rasmussen, Russell Kapitz. For: 12, Against: 0. Motion Rogalla/Robb to consider resolution for adoption. Roll call vote: Yes (12): E. Schneider, Rogalla, Walasek, Kardas, Robb, Heikkinen, R. Schneider, Rasmussen, Janssen, Vlach, Kapitz, Kelnhofer; No (0); Motion carried.
Resolution 22-09
Freeze any New Position Creations for Price County Departments
WHEREAS, The Personnel Committee has been charged by the Price County Board of Supervisors with the responsibility of developing, maintaining and enforcing policies and guidelines for County Personnel and has also been charged with the responsibility of periodically reviewing said policies and procedures and, WHEREAS, the County is experiencing financial difficulties and needs to find ways to reduce costs of operation, including wage and benefit costs and, WHEREAS, the Personnel Committee has reviewed the County’s current process for creating new positions and for filling vacated positions and has determined that the County would be best served with a freeze on the creation of any new positions within the County but that the current process of review and approval by Committee of Jurisdiction for filling any current County positions that becomes vacant should continue as is. NOW THEREFORE BE IT RESOLVED, by the Price County Board of Supervisors duly assembled this the 21st day of April, 2009, does hereby authorize a freeze on the creation of any new County positions. Price County Personnel Committee: s/Russell Kapitz, Chair; Richard Kelnhofer, Vice Chair; Gene Schneider; Robert Kopisch; Ronald Heikkinen Fiscal Impact: None. Adopted by the Price County Board of Supervisors this 21st day of April, 2009. s/Robert Kopisch, County Board Chair; Jean Gottwald, County Clerk. For: 12, Against: 0. Motion E. Schneider/Heikkinen to consider resolution for adoption. Roll call vote: Yes (12): E. Schneider, Rogalla, Walasek, Kardas, Robb, Heikkinen, R. Schneider, Rasmussen, Janssen, Vlach, Kapitz, Kelnhofer; No (0); Motion carried.
Resolution 23-09
Establish a Price county Student Summer Hire Program for 2009
Whereas, Price County has limited post high school educational opportunities, and Whereas, students who have graduated from Price County High Schools must often attend colleges and universities located out of county, and Whereas, students enrolled in out of town colleges and universities find it difficult to secure employment within Price County during breaks in their academic semesters to earn money for their tuition, and Whereas, the members of the Price County Board of Supervisors believe it is important for students attending out of County colleges and universities to be able to return home and spend time with their families. Now therefore be it resolved, that the Price County Board of Supervisors, duly assembled this 21st day of April, 2009, adopts and establishes a Student Summer Hire program to be administered jointly between the Human Resources Coordinator and the following County Departments: Airport (1) position, Forestry (1) position and Highway (3) positions. Price County Personnel Committee: s/Russell Kapitz, Chair; Richard Kelnhofer, Vice Chair; Gene Schneider; Bob Kopisch; Ron Heikkinen. Fiscal Impact: $22,559.13 Total Cost; which is included in the 2009 Departmental Budgets. There is no fiscal impact beyond what has already been budgeted for by the Departments. Adopted by the Price County Board of Supervisors this 21st day of April, 2009. s/Robert Kopisch, County Board Chair; Jean Gottwald, County Clerk. For: 12, Against: 0. Motion Janssen/Robb to consider resolution for adoption. Roll call vote: Yes (12): E. Schneider, Rogalla, Walasek, Kardas, Robb, Heikkinen, R. Schneider, Rasmussen, Janssen, Vlach, Kapitz, Kelnhofer; No (0); Motion carried.
Ordinances:
Ordinance 2009-1
Illegal Transport of Aquatic Plants and Invasive Animals
The County Board of Supervisors of the County of Price does ordain the Illegal Transport of Aquatic Plants and Invasive Animals Ordinance, as follows:
Section 1 Purpose and Statutory Authority.
The purpose of this ordinance is to prevent the spread of aquatic invasive species in Price County and surrounding water bodies in order to protect property values and the property tax base and ensure quality recreational opportunities. This ordinance is adopted under authority of Section 59.03 of the Wisconsin Statutes.
Section 2 Definition of Aquatic Plants and Invasive Animals.
A. “Aquatic plant” means a non-woody submergent, emergent, free-floating, or floating-leaf plant that normally grows in or near water and includes any part thereof. “Aquatic plant” does not mean wild rice when being harvested with a permit issued under NR 19.09 or any rights proffered by the Treaty of 1838. B. “Invasive animal” means all vertebrate and invertebrate species including zebra mussel, quagga mussel, rusty crayfish, spiny water flea, or any other aquatic invasive animal prohibited by the state.
Section 3 Prohibited Transport of Aquatic Plants and Invasive Animals.
No person may operate a vehicle or transport any boat, boat trailer, personal watercraft and its associated trailer, canoe, kayak, or boating equipment, fishing equipment, hunting and/or trapping equipment including but not limited to personal floatation devices, nets, anchors, fishing lines, decoys, and waders, from navigable waters onto any roadway open to the public if aquatic plants or invasive animals are attached.
All aquatic plants or invasive animals shall be removed before entering a roadway open to the public or before launching a boat or equipment or trailer in navigable water.
If in the course of removing a boat from water, the temporary existence of a boat and trailer creates a safety hazard if not immediately transported along a public roadway, a person may transport without violation of this ordinance to the first suitable and safe location and there clean and remove any remaining aquatic plants or invasive animals consistent with this ordinance.
Section 4 Exceptions to Transport of Aquatic Plants and Invasive Animals.
Unless otherwise prohibited by law, a person may transport aquatic plants: A. for disposal as part of a harvest or control activity conducted under an aquatic plant management permit issued under ch. NR 109. B. when transporting commercial aquatic plant harvesting equipment away from any water body to a suitable location for purposes of cleaning any remaining aquatic plants or animals. C. when conducting an aquatic plant study for the purposes of vouchering specimen or conducting an educational workshop and in a closed container. D. when harvested for personal or commercial use, such as to be used as compost or mulch, and in a closed container. E. for purposes of shooting or observation blinds for waterfowl hunting during the waterfowl season, if the aquatic plants used for these blinds are emergent, cut above the waterline, and contain no aquatic invasive species. All other equipment shall have aquatic plants and invasive animals removed before entering a roadway open to the public.
Section 5 Citation and Enforcement.
A. Any person who violates a provision of this ordinance shall be subject to a forfeiture of not less than $200 and not more than $500 for the first offense and each subsequent offense. Said person shall be also subject to court costs for such violation. B. Each violation shall be considered a separate offense. C. Legal action may be initiated against a violator by the issuance of a citation pursuant to Sec. 66.0113(1)(a)(2005). Said citation may be issued by a law enforcement officer of Price County or the Price County Land Conservationist. D. The citation shall contain the following: (1) The first, middle, and last name, address, and date of birth of the alleged violator. (2) Factual allegations describing the alleged violation. (3) The date, time and place of the offense. (4) The ordinance and section of the violation. (5) A description of the offense in such a manner as can be readily understood by a person making a reasonable effort to do so. (6) The date and time at which the alleged violator may appear in court. (7) A statement which, in essence, informs the alleged violator: (a) That a cash deposit based on the schedule established by this section may be made which shall be delivered to the Clerk of Courts prior to the time of the scheduled court appearance. (b) That if a deposit is made, no appearance in court is necessary unless subsequently summoned.
(c) That if a cash deposit is made and the alleged violator does not appear in court, they will be deemed to have entered a plea of no contest or, if the court does not accept the plea of no contest, a summons will be issued commanding them to appear in court to answer the complaint. (d) That if no cash deposit is made and the alleged violator does not appear in court at the time specified, an action may be commenced to collect the forfeiture. (e) A direction that if the alleged violator elects to make a cash deposit, the statement which accompanies the citation shall be signed to indicate that the statement required under Paragraph D.(7), above, has been read. Such statement shall be brought with the cash deposit. (f) Such other information as the County deems necessary. E. Any person who receives a citation shall be subject to the penalty provision under Section 35.50 (3). F. Section 66.0113(3), Wis. Stats. relating to violator’s options and procedure on default, is hereby adopted and incorporated herein by reference.
EFFECTIVE DATE: Upon passage and publication. Published: April 30, 2009 SUBMITTED BY: Land Conservation Committee. Adopted by the Price County Board of Supervisors this 21st day of April, 2009. s/Robert Kopisch, County Board Chair; Jean Gottwald, County Clerk. For: 8, Against: 4. Motion Robb/Janssen to consider ordinance for adoption. Roll call vote: Yes (8): E. Schneider, Rogalla, Robb, R. Schneider, Rasmussen, Janssen, Kapitz, Kelnhofer; No (4): Walasek, Kardas, Heikkinen, Vlach; Motion carried.
Reports on File:
1. Claims Against the County. 2008 Annual Reports for 2. Child Support Agency, 3. Veteran’s Services, 4. Clerk of Circuit Court, 5. Forestry and Parks, 6. Sheriff’s Department.
Miscellaneous Business:
1. Family Care Update. Given by Bob Kopisch and Mary Hahn. 2. Airport Runway Project Status. Given by Chris Hallstrand. 3. 2008 Continued Appropriations. Given for informational purposes. 4. Cost Reduction Program. a. CRP Update – given by Lori Blair-Hill. Bob Kopisch presented review of budget projection data. b. Department Consolidation/Cost Reduction Options – discussion. c. Action Items – Motion Rogalla/Kardas to authorize the Chair to form two advisory committees to study (1) consolidation of Health and Human Services Departments and (2) consolidation of other departments within the County. Roll call vote: Yes (12): E. Schneider, Rogalla, Walasek, Kardas, Robb, Heikkinen, R. Schneider, Rasmussen, Janssen, Vlach, Kapitz, Kelnhofer; No (0); Motion carried.
Elections and Appointments:
1. Commission on Aging Advisory Board. Motion Vlach/Kelnhofer to appoint Karen MacGregor, James Coe and Jerry Swenson to the Commission on Aging for three year terms ending 4/30/2012. Motion carried. 2. County Representative to the Northern Bridges Board of Directors. Motion E. Schneider/Vlach to appoint Robert Kopisch to the Northern Bridges Board of Directors for a four year term ending May 31, 2013. Motion carried.
Date of Next Meeting: June 16, 2009 at 9:00 a.m. in the County Board Room.
Adjourn: Motion E. Schneider/R. Schneider to adjourn at 11:45 a.m. Motion carried.
Members invited to an Open House at the Price County Development Center from 12:00 – 6:00 pm.
STATE OF WISCONSIN, COUNTY OF PRICE. I, Jean Gottwald, County Clerk in and for Price County do hereby certify that the within and foregoing is a true and correct record of all the proceedings held by and before the Price County Board of Supervisors at the meeting held on April 21, 2009, and the whole thereof.
Dated this 23rd day of April, 2009.
Jean Gottwald, County Clerk