REGULAR MEETING OF THE PRICE COUNTY BOARD OF SUPERVISORS

AUGUST 18, 2009

9:00 a.m. – County Board Room – Courthouse – Phillips, WI

Meeting called to order by Robert Kopisch, County Board Chair

Invocation – given by Pastor Gary Lodholz.

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 June 16, 2009 meetings: Motion Kelnhofer/Robb to approve minutes of the June 16, 2009 meetings as presented. All ayes, motion carried.

Public Hearing: At 9:05 a.m. a public hearing was declared open for the purpose of Flambeau River Bio Fuels, 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 9:16 a.m.

Communications and Announcements: 1. Northern Bridges – Hub Office Grand Opening August 27 at 11:00. 2. Iwo Jima Monument Dedication was held at Wisconsin Concrete Park. 3. Highground Flag Presentation. Flag flown over Iraq was presented in memory of Veterans who died in service.

Public Comment: Leona DeRemer, Town of Fifield, budget issues. Marie Fojtik, Town of Worcester, budget issues. Jan Kardas, Town of Ogema, budget issues. Jeffrey Fahl, City of Phillips Mayor, city resolution supporting UWEX. Otto Vyskocil, Town of Emery, questioned if there is a conflict of interest with four Executive/Finance committee members also on Highway Committee. Ron Kardas, Town of Ogema, elimination of committee structure.

Presentations: 1. 2008 Annual Audit – Wipfli, LLP. Review by Lisa Desotelle. 2. PFACDC – semi-annual report. Presented by Frank Kempf, Bruce LaRose, Becky Michaels. Also speaking: Don Balczewski of IKS Industries, Inc.; Cliff Palmer of Augury House, Ltd.; Randy Hague of Hague Homes; Bob Burnes and Butch Johnson of Flambeau River Papers, LLC.

Resolutions:

Resolution 36-09

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 July 16, 2009 were advised of changes to the revenues which have been made available to the Sheriffs 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 August 18, 2009 meeting that the 2009 budget as adopted be amended to include the following changes:

Department/Account Amount of Amendment

Sheriffs Department

Revenue 100-35-43320-000-000 $421,993

Expense 100-35-52110-735-000 421,993

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 / Information Technology Committee. s/Robert Kopisch, Chair; Richard Kelnhofer, Vice-Chair; Richard Schneider; Russell Kapitz; Joseph Rasmussen. Fiscal Impact: None. Adopted by the Price County Board of Supervisors this 18th day of August, 2009. s/Robert Kopisch, County Board Chair; Jean Gottwald, County Clerk. For: 12, Against: 0. Motion Rasmussen/Walasek 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 37-09

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 August 13, 2009 were advised of changes to the revenues which have been made available to the Human Services department, 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 August 18, 2009 meeting that the 2009 budget as adopted be amended to include the following changes:

Department/Account Amount of Amendment

Human Services Department

Revenue 220-56-43561-000-324 $ 994

220-56-43561-000-607 5,000

220-58-43561-000-233 7,282

220-58-43561-000-235 1,677

Expense 220-56-54420-919-324-324 994

220-56-54420-919-607-607 5,000

220-58-54420-919-233-233 7,282

220-58-54420-919-235-235 1,677

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 / Information Technology Committee. s/Robert Kopisch, Chair; Richard Kelnhofer, Vice-Chair; Richard Schneider; Russell Kapitz; Joseph Rasmussen. Fiscal Impact: None. Adopted by the Price County Board of Supervisors this 18th day of August, 2009. s/Robert Kopisch, County Board Chair; Jean Gottwald, County Clerk. For: 12, Against: 0. Motion Kelnhofer/Rogalla 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 38-09

Price County Land and Water Resource Management (LWRM) Plan

WHEREAS: through 1997 Wisconsin Act 27, Chapter 92 of the Wisconsin Statutes was amended, requiring counties to develop land and water resource management plans, and this statutory amendment provided Price County the opportunity to assess our resource conditions and needs and to decide how we can best meet our goals; and WHEREAS: Price County brought diverse groups of stakeholders together including local government officials and staff, special interest groups, and citizens, to assist in the development of the land and water resource management plan; and WHEREAS: Price County held a public hearing on July 8, 2009 to accept comments on the Price County Land and Water Resource Management Plan; and WHEREAS: Counties that want to be eligible to receive soil and water resource management grant funds from the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) must submit a plan and funding request based upon an approved land and water resource management plan. NOW, THEREFORE BE IT RESOLVED by the Price County Board of Supervisors: to approve the five-year land and water resource management plan presented by the Land & Water Conservation Department.

RESPECTFULLY SUBMITTED BY: The Price County Ag-Extension Education / Land Conservation Committee this 5^th day of August, 2009.s/James Robb, Chairman; Ronald Kardas, Member; Eugene Schneider, Member; Peggy Hainy, Member; Jay Janssen, Member; Dave Scholz, Member; John Walasek, Member. FISCAL NOTE: No tax levy dollars are required for this action. In order to receive Soil and Water Resource Management grant funds from DATCP, Price County needs an approved LWRM Plan. Adopted by the Price County Board of Supervisors this 18^th day of August, 2009. s/Robert Kopisch, County Board Chairperson; Jean Gottwald, Price County Clerk; For: 12, Against: 0. Motion Robb/Janssen 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 39-09

Funding of Wisconsin’s Tobacco Use, Prevention and Control Programs

WHEREAS, the Price County Health Department implements proven evidence-based tobacco prevention programs to the community; AND WHEREAS, the funding for Wisconsin’s tobacco use, prevention and control programs has been reduced by 55% by the State Legislature; AND WHEREAS, the National Association of Local Boards of Health has requested our support in making Wisconsin a healthier and tobacco-free state; AND WHEREAS, adequate funding is needed to sustain current levels of services for tobacco prevention programs; AND WHEREAS, the Governor has recommended that Wisconsin increase the tobacco excise tax; AND WHEREAS, the excise tax may be an additional way to refund and sustain current programs. NOW THEREFORE BE IT RESOLVED by the Price County Board of Supervisors at their August 18, 2009 meeting that the revenue generated from the proposed increased excise taxes be spent only on tobacco use, prevention and control programs. Submitted by the Price County Board of Health. s/Robert Kopisch, Chair; James Robb; Peter Dahlie, M.D.; Patti Tyrrell, RN; Susan Zierer; Richard Schneider. Dated this 10^th day of August, 2009. Adopted by the Price County Board of Supervisors this 18^th day of August, 2009.s/Robert Kopisch, County Board Chair; Jean Gottwald, County Clerk. For: 12, Against: 0. Motion Robb/Kardas 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 40-09

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 purchase of Biomass Boiler #6 and supporting structures from Flambeau River Papers, LLC. by Flambeau River BioFuels Financial Group, Inc. 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 of 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 18th day of August 2009. ATTEST: s/Jean Gottwald, County Clerk. The governing body of the County of Price has authorized the above resolution by Resolution No. 40-09 Dated August 18, 2009.
s/Robert Kopisch, County Board Chairman, County of Price. For: 12, Against: 0. Motion E. Schneider/Kelnhofer 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 41-09

Amend the Price County Land Sale Ordinance 89-10

WHEREAS, Chapter 59, Wisconsin Statutes require that the Zoning Committee hold a public hearing and report to the Price County Board of Supervisors on all petitions to amend Zoning Ordinances or Zoning District Maps; and WHEREAS, the Price County Board of Supervisors must then act upon the recommendation of the Zoning Committee, either approving or disapproving or returning the petition with changes recommended by the Price County Board of Supervisors, and WHEREAS, the Zoning Committee has held a public hearing and hereby recommends that the Price County Board of Supervisors ratify the amendment attached; NOW THEREFORE BE IT RESOLVED, that the Price County Board of Supervisors approve the amendment to the Price County Land Sales Ordinance 89-10, Section 3.4 regarding procedures under which the Committee is allowed to sell parcels of land. Submitted by: Price County Zoning Committee. s/James Robb, Chairman; Robert Rogalla, Vice-Chairman; Richard Schneider, Richard Kelnhofer, John Vlach. Adopted by the Price County Board of Supervisors this 18^th day of August, 2009. s/Robert Kopisch, Chairman, Price County Board; Jean Gottwald, Price County Clerk. For: 12, Against: 0. Motion Robb/Vlach 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.

ORDINANCE 89-10

PRICE COUNTY LAND SALES ORDINANCE

Adopted November 14, 1989

Amended June 20, 1995

Amended February 21, 2006, Resolution #8-06

An ordinance prescribing rules and regulations for the administration of county authority and duties authorized in Section 59.97 and 75.35 of the Wisconsin Statutes.

SECTION 1: Classification of county owned land subject to terms of this ordinance.

Determination is hereby made that for the purpose of administration, development and sale, all lands owned by Price County acquired through tax deed and tax foreclosure, and lying outside of the boundaries of county forests as prescribed by an ordinance entitled “Price County Forestry Ordinance”, an act of December 11, 1943, and any subsequent amendments enacted by the Price County Board, shall be subject to the administrative procedures established in this ordinance.

SECTION 2: The Zoning Committee of the County Board, as designated on April 19, 1989 to administer this ordinance, is the committee hereinafter referred to.

SECTION 3: Authority and duties of the Zoning Committee with respect to land sales. The Committee shall have the authority and it shall be the duty of the Committee to:

A The Committee may accept the ~~bid~~ most advantageous bid~~, but every bid less than the appraised value of the property shall be rejected.~~

B Once the Committee has accepted the bid most advantageous to the county, a quit claim deed shall be executed by the County Clerk to the bidder.

C The Committee is authorized to sell any property previously advertised for an amount equal to or above the ~~appraised~~ advertised value, without re-advertising.

1. Parties interested in previously advertised properties may buy them, for a period of up to 90 days after the bid opening, by contacting the County Clerk and there-after by approval of the committee.

D Persons interested in submitting written bids for available parcels must complete a bid form available from the County Zoning Office. An amount equal to ten percent (10%), of the bid price must be submitted with the bid application to the Zoning Office. Checks and money orders shall be made out to: Price County Treasurer. All unsuccessful bidders will receive their deposits back after the date of bid opening.

E Successful bidders must make arrangements for payment within 45 days after they receive notification that their bid was accepted. If the successful bidder fails to make arrangements for payment 45 days after notification he will forfeit his deposit and the property shall be made available to previous bidders again.

F This section shall not apply to the exchange of property or the withdrawal or sale of county forest lands or the sale or exchange of land to or between municipalities or to the state. Such exchanges shall be subject to the approval of the County Board.

G No tax delinquent real estate shall be sold by the Committee under this section without first notifying the clerk of the municipality in which the sale is to take place, at least three weeks prior to the publication of the first legal notice.

H Property taken by tax deed shall not be sold for one year after taking to accommodate the potential for recovery by the previous owner(s). [see 3.4(j)]

1. The Committee may sell immediately after advertising, according to section 3.4 of this ordinance, any parcel taken by tax foreclosure procedures as prescribed by section 75.19 of the Statutes.

J The Committee shall give the former owner, or his heir who lost the deed through delinquent tax enforcement procedures a preference in the right to purchase such lands in the following manner and subject to the general guidelines setforth herein:

1. Prior to a third party sale, a former owner, his heirs, or the estate shall be notified of their right to reclaim property. Such parties shall have a 30 day response period. If they fail to respond within 30 days, the third party sale may take place. This applies only to homestead property as defined by Statutes.

2. The former owner shall have the right to buy back his non homestead property, at the greater of the appraised value or total back taxes, interest, penalties and legal fees, during the total three year waiting period that applies to all other purchasers.

3. Sales of properties to a former owner, his heirs or the estate shall be exempt from all provisions of section 75.69 Wisconsin Statutes.

K All revenues from the sales of lands as conducted by the Committee shall be deposited in the county general fund.

3.5 Easement requests across county owned property will be considered by the Committee on a case by case basis.

A All purchasers of tax deeded properties are responsible for access easements to land-locked properties.

1. 2009 Budget, a. Update. Provided by Mr. Kopisch. b. Action Items. Motion Kardas/E. Schneider to implement in 2009 five one-day shut downs for union employees, exempting law enforcement union staff which will work out a similar cut in wages, and a one week furlough for non-represented employees, giving the Personnel Committee responsibility to handle any issues that may arise. Roll call vote: Yes (10): E. Schneider, Rogalla, Kardas, Robb, Heikkinen, R. Schneider, Rasmussen, Vlach, Kapitz, Kelnhofer; No (0); Abstain (2): Walasek, Janssen. Motion carried.

2. 2010 Budget, a. Update. Provided by Mr. Kopisch. b. Priority/Tax Levy. Discussion.

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 August 18, 2009, and the whole thereof.