Jefferson County - Board of Supervisors - Minutes  - 1999

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JEFFERSON COUNTY BOARD MINUTES

TUESDAY, APRIL 20, 1999, 8:30 A.M.

Mr. Wendell A. Wilson and Mr. Raymond C. Kisow presiding.

Mr. Foskett led the Pledge of Allegiance.

A moment of silence was observed.

County Clerk Barbara A. Frank called the roll, all members being present, except Ms. Potter.

 

District 1 Rose M. Schreiber District 2 Mary P. Klein

District 3 Lloyd A. Holterman District 4 Denise A. Smith

District 5 Susan L. Lidholm District 6 Ronald D. Buchanan

District 7 Harriet M. Schwoch District 8 Wendell A. Wilson

District 9 Carl F. Jaeger District 10 Dean Kramer

District 11 Leon W. Zimdars District 12 James Hartwig

District 13 Janet Sayre Hoeft District 14 Patrick Curtin

District 15 Steven J. Nass District 16 Raymond C. Kisow, Jr.

District 17 Reuben Schroedl District 18 Alfred J. Foskett

District 19 Peter J. Thomsen, Sr. District 20 Kathleen A. Groskopf

District 21 Iona K. Turner District 22 John L. Weiss

District 23 Lisle Piper, Jr. District 24 Patricia A. Potter

District 25 August J. Lehmann District 26 Alan G. Keating

District 27 Glen Borland District 28 Robert Rupnow

District 29 John Fiske District 30 Lavern Maasz

 

 

GENERAL FINANCIAL CONDITION

JEFFERSON COUNTY

APRIL 1, 1999

 

Available Cash on Hand

March 1, 1999 - - - - - - - - - - - - - - $ 1,811,782.18

March Receipts - - - - - - - - - - - - - 3,675,921.86

 

Total Cash - - - - - - - - - - - - - - - - - - - - $ 5,487,704.04

 

Disbursements

General - March - - - - - - - - - - - - - $ 4,206,029.69

Payroll - March - - - - - - - - - - - - - 1,029,560.33

 

Total Disbursements - - - - - - - - - - - - - - - 5,235,590.02

 

Total Available Cash - - - - - - - - - - - - - - - $ 252,114.02

 

Cash on Hand (in banks) April 1 - - - - - - - - $ 1,120,375.52

Less Outstanding Checks - - - - - - - - - - - - 868,261.50

 

Total Available Cash - - - - - - - - - - - - - - - $ 252,114.02

 

Cert. Deposit - Due 10/6/99 - Carlin Park $ 5,000.00

 

Local Govt. Invest. Pool-Gen. Funds $21,853,142.23 $21,853,142.23

 

Local Govt. Invest. Pool-Hwy. 135 $ 228,193.99

1999 Interest 1,847.24

$ 230,041.23

 

Liquidity Management - Bank One Wisconsin $ 4,352,722.23 $ 4,352,722.23

$26,440,905.69

 

1999 Interest - Super N.O.W. Acct. $ 7,418.03

1999 Interest - L.G.I.P. - General Funds 151,344.96

1999 Interest - Bank One Wisconsin 36,414.45

$ 195,177.44

 

John E. Jensen

Jefferson County Treasurer

 

 

Mrs. Turner moved that the minutes of the March 9, 1999 meeting be approved as corrected. Seconded and carried.

 

 

County Clerk Barbara A. Frank reported that she had received the following:

 

Notice of Claim and Claim on behalf of the Estate of Bernice Lange and Russel Lange alleging the County was negligent with regard to the design of the intersection of Banker Road and State Highway 26 where Mrs. Lange was killed in an automobile accident on November 19, 1998.

 

Notice of Injury filed by Attorney Patricia M. Cavey alleging lack of proper access to records of the Office of the Register in Probate. No claim has been made at this time.

 

Claims from Tonya F. Taylor and Ruth Castro alleging discrimination in employment based on disability. Both claims relate to change in work status following a work-related injury.

 

These matters were referred to the Corporation Counsel.

 

 

The County Clerk read a letter addressed to County Administrator Hausen from Jefferson City Administrator David Schornack advising that the City Street, Health, Sanitation Committee recently voted to place a "double" stop sign at the intersection of West Puerner Street and North Jackson Avenue to hopefully keep people from running into the gates at the fairgrounds.

 

The letter was referred to the Corporation Counsel.

 

 

The Clerk read a letter addressed to County Board Chair Wilson; Chief Executive Officer Beverly Simone, President of Madison Area Technical College; and District Administrator R. Scott Pierce of the Jefferson School District, from Jefferson City Administrator David Schornack regarding the proposed creation of a new tax incremental district.

 

The letter was ordered received and placed on file.

 

 

Chairman Wilson announced the appointment of Supervisor Foskett to the Joint Review Board which will review the proposed TID.

 

 

The Clerk read a letter from the office of Governor Tommy G. Thompson thanking the County Clerk for sending a resolution to Governor Thompson's office.

The letter was ordered received and placed on file.

 

 

County Clerk Frank read a memorandum from the Century and Sesquicentennial Farm and Home Programs at Wisconsin State Fair Park advising that the program recognizing 150-year homestead owners has been extended through the 1999 Wisconsin State Fair.

 

The communication was ordered received and placed on file.

 

 

County Clerk Frank read a Notice of Public Hearing from the Zoning Committee for the hearing which was held on April 15, 1999.

 

The notice was ordered received and placed on file.

 

 

Ms. Potter present.

 

 

The floor was opened for public comment.

 

The following persons spoke regarding the proposed amendment to the Jefferson County Zoning Ordinance pertaining to the A-1 zone use modification: Suzanne Marx, Martine Koeppel, Weenonah Brattset, Tom Benz, Jon Hartwig and Don Kiernan.

 

 

The regular order of business was resumed.

 

 

Mrs. Groskopf read Resolution No. 99-01.

 

WHEREAS, Jefferson County has approved participation in the Multi-County HOME Investment Partnership Program through the U.S. Department of Housing and Urban Development, and

 

WHEREAS, the Waukesha County Board of Supervisors has passed an Ordinance approving a change in program year from June 1 - May 31 to January 1 - December 31 to maintain consistency with its county fiscal year and improve audit reporting, and

 

WHEREAS, such a change requires cooperating HOME partners to agree to the change,

 

NOW, THEREFORE, BE IT RESOLVED that the annual program year for the HOME Investment Partnership be changed from a June 1 - May 31 program year to a January 1 - December 31 program year beginning January 1, 2000.

 

BE IT FURTHER RESOLVED that the terms of the HOME Investment Partnership Agreement be changed to be consistent with the new program year.

 

 

PROGRAM CHANGE FISCAL NOTE:

 

The Tri-County Home allocation from the U.S. Department of Housing and Urban Development for the period from June 1, 1999 through May 31, 2000 is $793,000. The effect of a change in the HOME program year will be to move forward the timetable for receipt of the next HUD allocation of Tri-County HOME funds. Instead of the next funding allocation covering the period from June 1, 2000 through May 31, 2001, the funding will be moved forward to fund the period from January 1, 2000 through December 31, 2000. No additional funding will be received by the Tri-County HOME program; however, by changing the program year funding will be received on January 1 rather than May 31. For the initial year of this change, funding for the period from January 1, 2000 through May 31, 2000 will receive funding from both the 1999/2000 and the new 2000 program year.

 

 

Mrs. Groskopf moved that Resolution 99-01 be adopted. Seconded and carried.

 

 

Mr. Buchanan read Resolution No. 99-02.

 

WHEREAS, previous Jefferson County audits have recommended that all bank accounts opened by or credit cards issued to all County departments or employees be approved in advance to ensure proper accounting and expenditure control, and

 

WHEREAS, the Audit Committee is responsible for reviewing all payments for expenditures to ensure proper authorization therefor,

 

NOW, THEREFORE, BE IT RESOLVED that all departments and employees shall be required to obtain Audit Committee approval before opening a bank account or obtaining a credit card in the name of the County.

 

BE IT FURTHER RESOLVED that all department heads shall review existing accounts and credit cards and report that information to the County Clerk's office such that all accounts and credit cards are properly accounted for.

 

 

Mr. Buchanan moved that Resolution No. 99-02 be adopted. Seconded and carried.

 

 

Mr. Buchanan read Resolution No. 99-03.

 

WHEREAS, the public should be aware of the services performed by Jefferson County employees, and

 

WHEREAS, the Audit Committee believes all County vehicles should be identified for the benefit of the public, non-County law enforcement officers, and accountability, and

 

WHEREAS, an objection to marking vehicles as being part of a particular department has been considered by the Committee,

 

NOW, THEREFORE, BE IT RESOLVED that the County Administrator shall arrange for the production of standardized decals incorporating the Jefferson County seal, which shall be displayed on each side of all currently unmarked and new County vehicles except those vehicles used for law enforcement purposes which shall be exempt herefrom at the discretion of the Sheriff.

 

 

Mr. Buchanan moved that Resolution No. 99-03 be adopted. Seconded and carried.

 

 

Mr. Kisow read the following report:

 

Jefferson County Fiber Installation

Consultant Summary Analysis

 

The following information is a collection of statements and recommendations gathered from several studies concerning the Jefferson County data network. The consultants providing this information were contracted from IKON Office solutions and Amelia Systems, Inc. The main focus of the project was to look at information resources, including data, voice, and video being transferred between the County Courthouse, Highway Department, ICC Data Processing, Human Services/ Health Department, Countryside Home and the new Workforce Development Building.

 

Performance:

The limited network speed between sites at Jefferson County and ICC is a serious issue that causes ICC and Jefferson County to incur additional costs and reduces operational efficiency on a regular basis. This situation has developed as use of the network has increased and now needs to be addressed by increasing the speed to better support existing and new applications.

 

Recommendation:

To create an efficient network design, ASI recommends the installation of single-mode fiber-optic cable between buildings to solve the speed issue. Installing twenty-four strands to each facility will accommodate a 300% growth, and will provide an insurance blanket for future County data transmission growth and technology changes.

 

Benefits:

Installation will allow for the support of a single high-speed data, voice and video network as well as the use of Internet and associated E-mail services. Consolidation of resources such as data servers, video matrix equipment and telephone equipment will result in increased network control and security.

 

Fiber Payback Schedule:

One Time Charge Fiber Costs

T1 Equipment $ 3,500 Total $367,000

Installation Charge $ 2,500 Less One Time $ 30,000

Total $ 6,000 $337,000

Buildings to Connect X 5 Divided by $ 30,000

Grand Total $30,000

FIBER PAYBACK 11.2 yr

Ongoing Line Charges for

Current Data Applications

Monthly T1 Line Charges $ 500

Per Year X 12

Total $ 6,000

Buildings X 5

Grand Total $30,000

 

Report Submitted by

Building & Insurance Committee

 

 

Mr. Kisow moved that the report be accepted and placed on file. Seconded and carried.

 

 

Mr. Kisow read Resolution No. 99-04.

 

WHEREAS, the Jefferson County Building and Insurance Committee was authorized by Resolution No. 98-102, approved by the Jefferson County Board of Supervisors on March 9, 1999 to receive bids for a fiber-optic system connecting all County buildings, and

 

WHEREAS, such bids were received and reviewed by the Committee on April 14, 1999 with the following results:

 

 

Subject Company Amount

 

Materials: **KGP Telecommunications **$ 53,017.71

Graybar Electric $ 53,842.77

Anixter, Inc. $ 58,817.35

CableCom LLC $ 64,682.39

 

Installation: **PPC Data Com **$115,323.74

Michels Pipeline $144,074.00

Koch's Telecom $146,766.05

Wire Technologies $196,848.00

TDS Datacom $198,250.00

 

Electronics: **All Tech Data Systems **$121,076.00

**Installation **$ 10,500.00

 

Consulting: **ASI Consulting **$ 12,500.00

 

Maintenance: **Contract to be determined **$ 10,000.00

**Equipment **$ 11,500.00

 

Contingency 10% **$ 33,400.00

 

Grand Total $367,317.45

 

NOW, THEREFORE, BE IT RESOLVED that the recommendations of the Building and Insurance Committee are hereby approved and they are authorized to contract with the above identified vendors including the contingency appropriation for a total cost of $367,317.45. Money to come from Data Processing Balance Forward Account No. 1203.699994.

 

 

Mr. Kisow moved that Resolution No. 99-04 be adopted. Seconded and carried by the following roll call:

 

Ayes: Schreiber, Klein, Holterman, Smith, Lidholm, Buchanan, Schwoch, Wilson, Jaeger, Kramer, Zimdars, Hartwig, Hoeft, Curtin, Nass, Kisow, Schroedl, Foskett, Thomsen, Groskopf, Turner, Weiss, Piper, Potter, Lehmann, Keating, Borland, Rupnow, Fiske, Maasz. Total 30.

 

Noes: 0.

 

Absent: 0.

 

 

 

 

 

 

 

Mr. Kisow read the following:

 

 

REPORT

 

The Building and Insurance Committee was authorized by Resolution No. 98-101, approved by the Jefferson County Board of Supervisors on March 9, 1999 to award the furniture and audio/visual equipment contracts for the University Extension/Workforce Development Center.

 

After reviewing for completeness, clarity, and consistency, all proposals were considered valid.

 

We approved contracts with the following vendors:

 

 

Base Bid #1, Partitions

Jonas Office Products, LTD (Fort Atkinson) $ 62,577.00

Add Detail 2 at six specified offices 200.00

$ 62,777.00

 

 

Base Bid #2, Seating & Chair Carts

Jonas Office Products, LTD (Fort Atkinson) $ 36,650.00

 

 

Base Bid #3, Tables and Table Cart

Jonas Office Products, LTD (Fort Atkinson) $ 9,500.00

 

 

Base Bid #4, Miscellaneous Equipment

Wisconsin Office Interiors (Madison) $ 12,481.05

 

 

Total Award $121,408.05

 

 

Audio/Visual Bid

Video Images Equipment $ 68,292.00

Madison, WI Labor $ 25,942.00

 

 

Total Award $ 94,234.00

 

Note: All furniture proposals selected were the low bids. Acoustic Communications of Plymouth, Minnesota had the audio/visual low bid of $88,620. However, Video Images of Madison was selected because of its proximity to Jefferson County, having done other UW-Extension installations, being a Wisconsin business and proven track record for support services led to the decision to engage that firm in the best interests of Jefferson County.

 

Respectfully submitted

Building & Insurance Committee

Raymond Kisow, Chairman

August Lehmann

Susan Lidholm

 

 

Mr. Kisow moved that the report be accepted. Seconded and carried.

 

 

Mr. Kisow read Resolution No. 99-05.

 

WHEREAS, Jefferson County is an active member of the Wisconsin County Mutual Insurance Corporation, and

 

WHEREAS, the Wisconsin County Mutual Insurance Corporation has been created in the interest of providing quality insurance coverage and risk management services to its members within the State, and

 

WHEREAS, Jefferson County supports and accepts the responsibility of active loss control and risk management in the interest of the public, county employees, county property, the Wisconsin County Mutual Insurance Corporation and fellow members of the Corporation;

 

NOW, THEREFORE, BE RESOLVED by the Jefferson County Board of Supervisors that said County will actively participate in and empower the Building and Insurance Committee of the County Board of Supervisors with jurisdiction to incorporate these responsibilities in addition to their committee function;

 

BE IT FURTHER RESOLVED that the County Administrator shall be appointed to act as Coordinator for this Committee and be authorized to direct the daily activities of the loss control/risk management effort;

 

BE IT FURTHER RESOLVED that Jefferson County will create a loss control/risk management organization or approved alternative in accordance with that recommended by the Wisconsin County Mutual Insurance Corporation and said organization will be in place by the 20th day of April, 1999; and for such commitment receive a premium rate credit of 5%;

 

BE IT FURTHER RESOLVED that said Chairman of the Board is authorized to sign the Letter of Agreement forwarded by the Wisconsin County Mutual Insurance Corporation.

 

 

 

Mr. Kisow moved that Resolution No. 99-05 be adopted. Seconded and carried by the following roll call:

 

Ayes: Schreiber, Klein, Holterman, Smith, Lidholm, Buchanan, Schwoch, Wilson, Jaeger, Kramer, Zimdars, Hartwig, Hoeft, Curtin, Nass, Kisow, Schroedl, Foskett, Thomsen, Groskopf, Turner, Weiss, Piper, Potter, Lehmann, Keating, Borland, Rupnow, Fiske, Maasz. Total 30.

 

Noes: 0.

 

Absent: 0.

 

 

Mr. Kisow read Resolution No. 99-06.

 

WHEREAS, the City of Jefferson has offered to purchase approximately .65 acres of County property lying south of Puerner Street and across from the Fair Park for the purpose of extending Hyer Drive to North Jackson Avenue at the price of $18,400, and

 

WHEREAS, the property in question contains numerous underground utilities and drain tile rendering it unbuildable without the expense of relocating the utilities and drainage facilities,

 

NOW, THEREFORE, BE IT RESOLVED that the Corporation Counsel is directed to prepare a counteroffer to the City's offer of January 28, 1999 and the County Administrator is authorized to execute such counteroffer containing the following amendments to the City's offer:

 

1. The remaining County property to the south of the parcel transferred shall not be subject to special assessment for utility, street, sidewalk or other City improvement of the land conveyed.

 

2. The City shall completely remove, at its expense, buildings partially or entirely on the parcel conveyed.

 

3. That portion of the land not improved for street purposes shall be deed-restricted for a period of 15 years from the date of closing requiring it be maintained as undeveloped green space with the exception of park amenities should the City so desire.

 

4. The conveyance will exclude, as an exception from warranty, utilities and drainage facilities located on the property.

 

5. The counteroffer may be accepted on or before May 15, 1999 by delivering a signed copy thereof to the Jefferson County Administrator, 320 South Main Street, Jefferson, Wisconsin.

 

6. Closing date to be within 30 days of acceptance.

 

7. All terms of the offer not inconsistent with nor amended above shall be incorporated in the counteroffer.

 

 

Mr. Kisow moved that Resolution No. 99-06 be adopted. Seconded and carried by the following roll call:

 

Ayes: Schreiber, Klein, Holterman, Smith, Lidholm, Buchanan, Schwoch, Wilson, Jaeger, Kramer, Zimdars, Hartwig, Hoeft, Curtin, Nass, Kisow, Schroedl, Foskett, Thomsen, Groskopf, Turner, Weiss, Piper, Potter, Lehmann, Keating, Borland, Rupnow, Fiske, Maasz. Total 30.

 

Noes: 0.

 

Absent: 0.

 

 

Mrs. Hoeft read Resolution No. 99-07.

 

WHEREAS, the Jefferson County Fair Committee was authorized by Resolution No. 98-69 passed by the Jefferson County Board of Supervisors on November 12, 1998 to receive bids on reroofing, re-siding and replacing the entry doors on the 40' by 160' brown exhibit barn located at Jefferson County Fair Park, and

 

WHEREAS, a bid was received and reviewed on April 10, 1999 with the following results:

 

 

Company Bid

 

BOS Design Builders $43,522.00

Fort Atkinson, WI

 

WHEREAS, the Fair Committee recommends that the bid of BOS Design Builders be accepted,

 

NOW, THEREFORE, BE IT RESOLVED that the recommendation of the Fair Committee is hereby approved and they are authorized to enter into a contract with BOS Design Builders, Fort Atkinson, Wisconsin for a total cost of $43,522.00 as soon as practical. The money to come from Fair Park Balance Forward Account No. 8100.699994.

 

 

Mrs. Hoeft moved that Resolution No. 99-07 be adopted. Seconded and carried by the following roll call:

 

Ayes: Schreiber, Klein, Holterman, Smith, Lidholm, Buchanan, Schwoch, Wilson, Jaeger, Kramer, Zimdars, Hartwig, Hoeft, Curtin, Nass, Kisow, Schroedl, Foskett, Thomsen, Groskopf, Turner, Weiss, Piper, Potter, Lehmann, Keating, Borland, Rupnow, Fiske, Maasz. Total 30.

 

Noes: 0.

 

Absent: 0.

 

 

Mr. Maasz read Resolution No. 99-08.

 

WHEREAS, the Jefferson County Highway Committee was authorized by Resolution 98-70, passed by the Jefferson County Board of Supervisors on November 12, 1998, to receive bids for asphalt needed in 1999, and

 

WHEREAS, such bids were received and opened on March 17, 1999 with the following results:

 

 

Company Type of Asphalt Bid Price

 

Henry G. Meigs, Inc. AC (PG 58-28) $148.80 per ton

Portage, WI AC (PG 58-34) $228.80 per ton

CRS-2 (Transport) $0.6385 per gallon

CRS-2 (Applied) $0.7385 per gallon

HFRS-2 (Transport $0.6385 per gallon

HFRS-2 (Applied) $0.7385 per gallon

HFRS-2P (Transport) $0.8785 per gallon

HFRS-2P (Applied) $0.9785 per gallon

SS-1 (Transport) $0.6885 per gallon

SS-1 (FOB Ship Pt.) $0.6500 per gallon

 

Koch Materials AC (PG 58-28) $149.40 per ton

Stevens Point, WI AC (PG 58-34) $239.40 per ton

CRS-2 (Applied) $0.7370 per gallon

HFRS-2 (Applied) $0.7370 per gallon

HFRS-2P (Applied) $0.9817 per gallon

SS-1 (Transport) $0.6500 per gallon

SS-1 (FOB Ship Pt.) $0.6000 per gallon

 

NOW, THEREFORE, BE IT RESOLVED that the Jefferson County Highway Department be authorized to purchase asphalt from any of the above, taking into consideration the price, delivery, and quality. (Fiscal Note: The money to come from the Highway Bituminous Operations Account 53261 and the Highway Maintenance Account 53311.)

 

 

Mr. Maasz moved that Resolution No. 99-08 be adopted. Seconded and carried by the following roll call:

 

Ayes: Schreiber, Klein, Holterman, Smith, Lidholm, Buchanan, Wilson, Jaeger, Kramer, Zimdars, Hartwig, Hoeft, Curtin, Nass, Kisow, Schroedl, Foskett, Thomsen, Groskopf, Turner, Weiss, Piper, Potter, Lehmann, Keating, Borland, Rupnow, Fiske, Maasz. Total 29.

 

Noes: 0.

 

Absent: Schwoch. Total 1.

 

 

Mr. Hartwig read Resolution No. 99-09.

 

WHEREAS, the Jefferson County Law Enforcement Committee was authorized by Resolution No. 98-72, passed by the Jefferson County Board of Supervisors on November 12, 1998, to receive bids on one (1) new transport van, and

 

WHEREAS, such bids were received and reviewed on April 7, 1999 with the following results:

BID BID

 

COMPANY MAKE & MODEL W/OUT TRADE WITH TRADE

 

Kayser Chrysler Center 1999 Dodge

Watertown, WI Ram Wagon $23,431.00 $22,331.00

 

Kayser Ford 1999 Ford

Madison, WI E-350 Super XL $22,794.00 $21,994.00

 

Kayser Ford 1999 Ford

Madison, WI E-350-XLT $23,994.00 $23,194.00

 

Havill-Spoerl Ford 1999 Ford

Fort Atkinson, WI E-350 XLT $23,200.00 $16,700.00

 

WHEREAS, the Law Enforcement Committee recommends the acceptance of the bid of Havill-Spoerl Ford, Fort Atkinson, Wisconsin for the purchase of one (1) Ford van at a total cost of $16,700.00.

 

NOW, THEREFORE, BE IT RESOLVED that the bid of Havill-Spoerl Ford be and is hereby approved in the amount of $16,700.00 with trade.

 

 

Mr. Hartwig moved that Resolution No. 99-09 be adopted. Seconded and carried by the following roll call:

 

Ayes: Schreiber, Klein, Holterman, Smith, Lidholm, Buchanan, Schwoch, Wilson, Jaeger, Kramer, Zimdars, Hartwig, Hoeft, Curtin, Nass, Kisow, Schroedl, Foskett, Thomsen, Groskopf, Turner, Weiss, Piper, Potter, Lehmann, Keating, Borland, Rupnow, Fiske, Maasz. Total 30.

 

Noes: 0.

 

Absent: 0.

 

 

Mrs. Turner read Resolution No. 99-10.

 

WHEREAS, proposed Senate Bill 59 provides for incentive aids for libraries based in part on the library's lending of materials outside its primary service area, and

 

WHEREAS, the Legislation and Rules Committee believes such aids may ease negotiation with other libraries that currently wish to charge for services outside the library's primary service area, and

 

WHEREAS, Jefferson County currently funds library services for County residents from libraries outside the Jefferson County library system that charge for the service,

 

NOW, THEREFORE, BE IT RESOLVED that the Jefferson County Board supports enactment of Senate Bill 59.

 

BE IT FURTHER RESOLVED that the Clerk send copies of this resolution to all elected state representatives from this area.

 

 

Mrs. Turner moved that Resolution No. 99-10 be adopted. Seconded and carried.

 

 

Mr. Buchanan read Resolution No. 99-11.

 

WHEREAS, the Personnel Committee, County Administrator, Personnel Manager, Corporation Counsel and the County's labor consultant, Charles Carlson, have met collectively with the bargaining team for AFSCME Local 723, Health Department Professionals, to negotiate proposed contract changes effective January 1, 1999, and

 

WHEREAS, after lengthy negotiating sessions and mediation, the following two-year tentative agreement has been reached with and ratified by the Health Department Professionals unit:

 

1. Jefferson County shall continue the current health insurance program.

 

2. The contract shall be from January 1, 1999 to December 31, 2000.

 

3. All wage schedules shall be adjusted 3 percent January 3, 1999 and 3.5 percent January 2, 2000.

 

4. Change rotation for on-call positions.

 

5. Public Health Nurses top step rate increases $.50 for 1999 and $.50 for 2000.

 

6. The Employer may hire at up to the midpoint of the salary schedule.

 

7. The Employer may subcontract Home Health Care nursing work if it offers alternative nursing employment to Home Health Care Nurses displaced through subcontracting.

 

8. The balance of the prior contract remains unchanged.

 

WHEREAS, it is the recommendation of the negotiating team that the proposed collective bargaining agreement be approved,

 

NOW, THEREFORE, BE IT RESOLVED that the County Board of Supervisors hereby approves the recommendation of the negotiating team and ratifies the contract terms as modified above.

 

 

Mr. Buchanan moved that Resolution No. 99-11 be adopted. Seconded and carried by the following:

 

Ayes: Schreiber, Klein, Holterman, Smith, Lidholm, Buchanan, Schwoch, Wilson, Jaeger, Kramer, Zimdars, Hartwig, Hoeft, Curtin, Nass, Kisow, Schroedl, Foskett, Thomsen, Groskopf, Turner, Weiss, Piper, Potter, Lehmann, Keating, Borland, Rupnow, Fiske, Maasz. Total 30.

 

Noes: 0.

 

Absent: 0.

 

 

Mr. Buchanan read Resolution No. 99-12.

 

WHEREAS, the Personnel Committee had approved the request of the Health Department in preparation of the 1999 Budget position allocations to eliminate a Home Health Program Assistant position (Grade 9 $10.19 to $12.55 per hour) and create a Payroll Clerk (Grade 7 $9.41 to $11.61) per hour, and

 

WHEREAS, the Personnel Committee has now been asked to eliminate the Payroll Clerk and reallocate the Home Health Program Assistant, and

 

WHEREAS, this change is being requested to accommodate the present workload that necessitates the Home Health Program Assistant be maintained and that the new Payroll Clerk position does not serve the needs of the Health Department at this time, and

 

WHEREAS, after due consideration, the Personnel Committee approves the request of the Health Department and recommends County Board approval,

 

NOW, THEREFORE, BE IT RESOLVED that the 1999 Budget setting forth the position allocations for the Health Agency be and is hereby amended to allocate one Home Health Program Assistant position, to become effective upon passage of this resolution.

 

 

Mr. Buchanan moved that Resolution No. 99-12 be adopted. Seconded and carried by the following roll call:

 

Ayes: Schreiber, Klein, Holterman, Smith, Lidholm, Buchanan, Schwoch, Wilson, Jaeger, Kramer, Zimdars, Hartwig, Hoeft, Curtin, Nass, Kisow, Schroedl, Foskett, Thomsen, Groskopf, Turner, Weiss, Piper, Potter, Lehmann, Keating, Borland, Maasz. Total 28.

 

Noes: Rupnow, Fiske. Total 2.

 

Absent: 0.

 

 

Mr. Buchanan read Resolution No. 99-13.

 

WHEREAS, the Personnel Committee has been requested by the Jefferson County Fair Committee to eliminate the Fair Park Director position (Grade 16 $19.61 to $25.10 per hour) and create a Fair Park Supervisor position (Grade 11 $15.86 to $20.30 per hour), and

 

WHEREAS, this change is being requested at Fair Park to accommodate the current needs as identified by the Fair Park Committee, and

 

WHEREAS, after due consideration, the Personnel Committee agrees with the request of the Fair Committee and recommends County Board approval,

 

NOW, THEREFORE, BE IT RESOLVED that the 1999 Budget setting forth position allocations for Fair Park be and is hereby amended to eliminate one Fair Park Director position and approve one Fair Park Supervisor position, to become effective upon passage of this resolution.

 

 

Mr. Buchanan moved that Resolution No. 99-13 be adopted. Seconded and carried by the following roll call:

 

Ayes: Schreiber, Holterman, Smith, Lidholm, Buchanan, Schwoch, Wilson, Jaeger, Kramer, Zimdars, Hartwig, Hoeft, Curtin, Nass, Kisow, Schroedl, Foskett, Thomsen, Groskopf, Turner, Weiss, Piper, Potter, Lehmann, Keating, Borland, Rupnow, Fiske, Maasz. Total 29.

 

Noes: Klein. Total 1.

 

Absent: 0.

 

 

 

 

Mr. Jaeger read Resolution No. 99-14.

 

WHEREAS, Jefferson County recognizes the benefits of a program to control the disposal and storage of potentially hazardous agricultural waste and will carry out all activities described in the State Department of Agriculture, Trade and Consumer Protection (DATCP) grant application, and

 

WHEREAS, the County's Clean Sweep Program offers education and assistance in identification, handling and disposal of agricultural hazardous waste through distribution of information, presentations to citizens and a designated day for collection and disposal of agricultural hazardous waste, and

 

WHEREAS, the household and agricultural Clean Sweeps conducted annually from 1992-1998 were well received by participants, and

 

WHEREAS, the Agricultural Clean Sweep Program has been extremely successful in removing suspended, banned, damaged and otherwise unwanted pesticides, farm chemicals and pesticide containers from more than 5,800 Wisconsin farms with over 740,000 pounds collected since 1990, and

 

WHEREAS, the County Board declares its intent to conduct its fourth Agricultural Clean Sweep Program subject to public response and funding, and

 

WHEREAS, Jefferson County will maintain records documenting all expenditures made during the Clean Sweep Program and will allow an audit of the program and its financial records, and

 

WHEREAS, Jefferson County will submit a report to the State describing Clean Sweep activities, achievements and problems, comparing the actual program with proposed activities and objectives, including samples of brochures, data on participation, waste quantities collected, documentation of costs and a section on recommendations,

 

NOW, THEREFORE, BE IT RESOLVED that the Jefferson County Board of Supervisors authorizes the Solid Waste Committee to proceed with its intention to conduct an Agricultural Clean Sweep and to submit an application for a DATCP Agricultural Hazardous Waste Grant for this Clean Sweep Program in Jefferson County in 1999.

 

 

Mr. Jaeger moved that Resolution No. 99-14 be adopted. Seconded and carried.

 

 

Mrs. Groskopf read Resolution No. 99-15.

 

WHEREAS, the Wisconsin Land Information Program was created in 1989 to promote the modernization of land records in order to improve the efficiency, accessibility, quality of records and coordination among all levels of government, and

 

WHEREAS, the Wisconsin Land Information Program currently enables counties to apply for grant funds through the Wisconsin Land Information Board to fund improvements without relying fully on the property tax levy, and

 

WHEREAS, the proposed 1999-2001 State Budget would require the Land Information Board to transfer a portion of program revenues to the State Department of Administration for the purpose of developing a computer-based state land information system and provide an increase in funds to complete a statewide soil map, and

 

WHEREAS, the effect of those provisions on the budget bill removes control of the Wisconsin Land Information Program funding from the direction of the Wisconsin Land Information Board as it relates to the statewide soils initiative and limits funds available to counties by allocating a portion of the revenues to a state land information system not under the direction of the Wisconsin Land Information Board,

 

NOW, THEREFORE, BE IT RESOLVED the County of Jefferson would support the Land Information Board portion of the budget bill if the Wisconsin Land Information Board retained its authority to allocate and supervise program funds for the statewide soils initiative and retained the funds under Land Information Board's control which would otherwise be used for a statewide land information system.

 

 

Mrs. Groskopf moved that Resolution No. 99-15 be adopted. Seconded and carried.

 

 

Mrs. Groskopf read Report No. 1 of the Zoning Committee.

 

TO THE HONORABLE MEMBERS OF THE JEFFERSON COUNTY BOARD OF SUPERVISORS

 

The Jefferson County Planning and Zoning Committee having considered petitions to amend the Zoning Ordinance of Jefferson County, filed for public hearing February 18 and March 18, 1999 as required by law pursuant to Wisconsin Statutes, notice thereof having been given, and being duly advised of the wishes of the town boards and persons in the areas affected, hereby makes the following recommendations:

 

APPROVAL OF PETITIONS 2063A-99, 2064A-99,

2065A-99, 2066A-99 AND 2067A-99

AND TEXT AMENDMENTS

 

 

ZONING ORDINANCE AMENDMENT REGULATING

TELECOMMUNICATIONS FACILITIES

 

The Zoning Ordinance previously dealt with telecommunications facilities in a very generic fashion. Congress enacted the Telecommunications Act of 1996 to promote expansion of the telecommunication industry. Local zoning is recognized by the federal law, but cannot unreasonably interfere with or delay expansion of the industry. Supervisor Nass introduced a proposed amendment to establish standards within the Zoning Ordinance. That proposed amendment has been reviewed by the Zoning Committee and a working group consisting of the Committee, town board members, interested County Board supervisors, telecommunication providers and public representatives. After several drafts, the proposed ordinance went to public hearing. Following public hearing, the proposed ordinance was again amended in several respects taking into consideration the comments of the public and the providers.

 

A summary of the more significant standards include:

 

1. Maximum tower height of 200 feet and minimum one-half mile separation between towers. The 200-foot height recognizes the Committee's goal of maximum colocation of telecommunication providers on a single tower. It is anticipated, with current technology, that a 200-foot tower will generally be able to carry at least four separate providers, which should minimize the number of towers necessary. A conditional use permit is required to site a tower.

2. Telecommunications antennas attached to existing buildings, silos, utility poles or other existing structures may be placed without the necessity of a conditional use permit. The Committee felt the lower level of regulation would be an incentive for providers to seek out existing structures rather than request creation of a tower site.

3. Towers are generally prohibited in residential zones, shoreland, floodplain areas and wetlands.

4. A party requesting a new tower must provide at least three technically feasible alternatives. The Committee may, at the applicant's expense, hire an engineer or other expert to assist it in determining the accuracy of an applicant's representations with regard to the technical aspects of the proposal and its proposed location.

5. All tower owners and operators are required to report changes in ownership or occupancy of towers, such that the Zoning Department may steer a company otherwise seeking to build a tower to an available colocation site.

6. The Ordinance contains provisions for removal of towers that have been abandoned. A new tower operator must post a bond sufficient to cover the expense of removal should the tower be abandoned at a later date.

After the public hearing on this matter, 15 of the 16 townships favored the proposed ordinance amendment. Adjustments to the text since that time have been made for the purpose of clarifying various areas, but have not changed the substance of the proposal heard at public hearing. The Committee requests approval of the ordinance amendment as proposed.

 

 

A-1 ZONE USE MODIFICATION

 

The Ordinance amendment as originally proposed by Supervisor Lehmann to eliminate residences and duplexes in the A-1 zone as a permitted use received an extensive public hearing. Township comments regarding the original proposal were 11 against and 5 in favor.

 

After consideration of the public comments and the townships' opinions, the original proposal has been modified to address issues raised by the hearing process. The proposal as it is before you now would allow reconstruction of a home currently in an A-1 zone if it were significantly damaged or destroyed. The original proposal would not have permitted reconstruction if the residence were damaged beyond 50 percent of its fair market value.

 

The modified proposal also allows for a single-family residence or a duplex as a conditional use in the A-1 zone as long as it is not located on prime soils. The conditional use process would allow the Committee to locate a home authorized in the A-1 zone in a fashion to minimize its impact on agricultural use of the balance of the property.

 

Finally, the modified proposal would allow a residence as a conditional use on substandard A-1 parcels created as a result of rezoning. The modified proposal before you thus allows for existing residences in the A-1 district to be rebuilt if significantly damaged and for new residences to be sited on non-prime soils as a conditional use in either the A-1 zone or on a substandard A-1 parcel.

 

Because the original proposal has been modified after the hearing process, should the County Board pass the modified version, the townships may, within 40 days of passage, file with the County Clerk certified copies of resolutions approving or disapproving the amendment. If a majority file resolutions disapproving the amendment, then it does not take effect. If a majority do not file disapprovals, the amendment is effective Countywide.

 

Dated this Ninth day of April, 1999

Kathleen Groskopf, Secretary

 

 

Mrs. Groskopf moved that the report be accepted and printed in the minutes. Seconded and carried.

 

 

Mrs. Groskopf presented Ordinance No. 99-01 and, because of its length, moved to suspend the vocal reading of same. Seconded and carried.

 

The Jefferson County Board of Supervisors do ordain as follows:

 

 

Section 1. Section 11.05(b)(3) of the Jefferson County Zoning Ordinance shall be amended to read:

 

Utilities and all communication towers such as radio and television (except in R-1, R-2, W, S, N districts) with associated buildings, but not including studios, or telecommunication towers. Telecommunication towers and facilities shall be regulated as set forth in sec. 11.05(h).

 

 

Section 2. Section 11.05(h) of the Jefferson County Zoning Ordinance shall be created to read:

 

 

(h)(1) Purpose and Intent. The purpose and intent of this section is to provide a uniform and comprehensive set of standards for the development and installation of wireless telecommunication and related facilities. The regulations contained herein are designed to protect and promote public health, safety, community welfare and the aesthetic quality of Jefferson County as set forth within the goals, objectives and policies of the Jefferson County Zoning Ordinance, to encourage managed development of telecommunications infrastructure, while at the same time not unduly restricting the development of needed telecommunications facilities.

 

It is intended that the County shall apply these regulations to accomplish the following:

 

a. Minimize adverse visual effects of telecommunication tower, antenna and related facilities through design and siting standards.

b. Maintain and ensure that a non-discriminatory, competitive and broad range of telecommunications services and high quality telecommunications infrastructure consistent with the Federal Telecommunications Act of 1996 are provided to serve the community, as well as serve as an important and effective part of Jefferson County's police, fire and emergency response network.

c. Provide a process for obtaining necessary permits for telecommunication facilities while at the same time protecting the legitimate interests of Jefferson County citizens.

d. Protect environmentally sensitive areas of Jefferson County by regulating the location, design and operation of telecommunications facilities.

e. Encourage the use of alternative support structures, colocation of new antennas on existing telecommunication towers, camouflaged towers, and construction of towers with the ability to locate three or more providers.

Furthermore, this section is not intended to regulate residential satellite dishes or residential television antennas that are used privately. Additionally, it is not intended to regulate satellite dishes/antennas whose regulation is prohibited by sec. 59.69(4d), or its successor sections, of the Wisconsin Statutes or as preempted by Federal law.

 

 

(2) Definitions. For the purpose of this section, the following terms and phrases shall be defined as:

 

 

Alternative Support Structure: Clock towers, steeples, silos, light poles, water towers, buildings or similar structures that may support telecommunication facilities.

 

 

Antenna: Any system of wires, poles, rods, reflecting discs, or similar devices used for the transmission or reception of electromagnetic waves when such system is either external to or attached to the exterior of a structure. Antennas shall include devices having active elements extending in any direction, and directional beam-type arrays having elements carried by and disposed from a generally horizontal boom that may be mounted upon and rotated through a vertical mast or tower interconnecting the boom and antenna support, all of which elements are deemed to be a part of the antenna.

 

 

Antenna Building Mounted: Any antenna, other than an antenna with its supports resting on the ground, directly attached or affixed to a building.

 

 

Antenna Ground Mounted: Any antenna with its base placed directly on the ground.

 

 

Building: Any structure having a roof supported by columns or walls and intended for the shelter, housing, or enclosure of any individual, animal, process, equipment, goods, or materials of any kind, including equipment cabinets.

 

 

Camouflaged Tower: Any telecommunication tower that due to design or appearance hides, obscures, or conceals the presence of the tower and antennas.

 

 

Colocated Telecommunication Facility: A telecommunication facility comprised of a single telecommunication tower or alternative support structure supporting multiple antennas, dishes, or similar devices owned or used by more than one public or private entity.

 

 

Guyed Tower: A telecommunications tower that is supported in whole or in part by guy wires and ground anchors or other means of support besides the superstructure of the tower itself.

 

 

Height, Telecommunications Tower: The distance measured from the original grade at the base of the tower to the highest point of the telecommunications tower. This measurement excludes any attached antennas and lighting.

 

 

Lattice Tower: A telecommunication tower that consists of vertical and horizontal supports and metal braces.

 

 

Monopole: A telecommunication tower of a single pole design.

 

 

Navigable Stream or Lake: As designated on the United States Geological Survey (USGS) map and/or Jefferson County Zoning maps.

 

 

Non-Conforming: Any preexisting telecommunication facility that was in existence prior to the adoption of this ordinance, whether or not it has been issued a conditional use permit. This definition shall only apply to this specific section and shall not apply to other Jefferson County Zoning Ordinances.

 

 

Operation: Means other than nominal use; when a facility is used regularly as an integral part of an active system of telecommunications it shall be deemed in operation.

 

 

Platform: A support system that may be used to connect antennas and antenna arrays to telecommunication towers or alternative support structures.

 

 

Satellite Dish: A device incorporating a reflective surface that is solid, open mesh, or bar configured that is shallow dish, cone, horn, or cornucopia shaped and is used to transmit and/or receive electromagnetic signals. This definition is meant to include, but is not limited to, what are commonly referred to as satellite earth stations, TVROs and satellite microwave antennas.

 

 

Telecommunication Facility: A facility, site, or location that contains one or more antennas, telecommunication towers, alternative support structures, satellite dish antennas, other similar communication devices, and support equipment which is used for transmitting, receiving, or relaying telecommunications signals, excluding those facilities exempted under subsection (3).

 

 

Telecommunication Support Facility: The telecommunication support buildings and equipment cabinets located at a telecommunication facility, either on the ground or within or on an alternative support structure, which house the electronic receiving and relay equipment.

 

 

Telecommunications Tower: Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including camouflaged towers, lattice towers, guy towers, or monopole towers. This includes microwave towers and common-carrier towers. This excludes radio and television transmission towers. It shall exclude alternative support structures and those facilities exempted under subsection (3).

 

 

Utility Pole Mounted Antenna: An antenna attached without regard to mounting to or upon an existing or replacement electric transmission or distribution pole, street light, traffic signal, athletic field light, utility support structure or other approved similar structure.

 

 

Wireless Telecommunications: Any of the following:

 

a. "Commercial mobile services" defined as for-profit mobile services available to the public or a substantial portion of the public and providing the ability to access or receive calls from the public switched telephone network. Examples include personal communication services, cellular radio mobile services, and paging.

b. Specialized Mobile Radio (SMR) service licensees provide land mobile communications on a commercial (i.e., for profit) or private basis.

c. Broadband Cellular Personal Communication Systems (PCS) which are very similar to cellular systems, but operate in a higher frequency band.

d. "Unlicensed wireless services" which are services that do not require licenses by the Federal Communications Commission (FCC), but are deployed through equipment that is authorized by the FCC. Direct-to-home satellite services are excluded from this definition. 47 U.S.C. ยง332(c)(7)(C)(iii).

e. "Common carrier wireless exchange access services" which are services designed as competitive alternatives to traditional wireline local exchange providers.

 

(3) Exempt from Conditional Use Permit. The following shall be permitted without a conditional use permit, provided that the primary use of the property is not a telecommunications facility and that the antenna use is accessory to the primary use of the property. The following shall be exempt from the requirement to obtain a land use permit, unless otherwise noted.

 

a. The use of all receive-only television antenna and satellite dishes.

b. Amateur Radio and/or Receive-Only Antennas. This Ordinance shall not govern the installation of any antenna that is owned and/or operated by a federally licensed amateur radio operator or is used exclusively for receive-only purposes.

c. Mobile services providing public information coverage of news events of a temporary or emergency nature.

d. Free standing (ground mounted antenna) antennas (not supported on or attached to a building) and their support towers, poles or masts may be installed with a land use permit when the overall height of the antennas and their supporting structures do not exceed a height of 50 feet above the original grade at the site of the installation and when said freestanding antenna, support tower, pole or mast is not closer than 1000 feet to another exempt freestanding antenna, support tower, pole or mast.

e. Antennas installed on an existing telecommunications tower, or on or attached to, any existing building (building mounted antenna) or alternative support structure when the height of the antenna and its supporting tower, pole or mast is 30 feet or less above the highest part of the building or alternative support structure to which it is attached. A land use permit is required for any telecommunication support facility exceeding 100 square feet of floor area.

f. Utility pole mounted antennas if the height of the antenna is 30 feet or less above the highest part of the utility pole.

g. Setbacks shall be as set forth in subsection (13)(b).

 

(4) Areas Permitting Telecommunication Facility Location With Conditional Use Approval. Telecommunications facilities may be permitted in the following zoning districts, subject to conditional use review and approval by the Jefferson County Zoning and Planning Committee, and in compliance with all other applicable sections of this Ordinance:

 

1. A-1

2. A-2

3. A-3

4. B

5. I

6. C

7. R/R

 

 

 

(5) Areas Limiting Telecommunication Facility Location.

 

Telecommunication facilities may be permitted as identified in subsection (4) but are subject to review and approval of the Federal Aviation Administration (FAA), State Bureau of Aeronautics and other appropriate agencies, if applicable.

 

(A) 1/2 mile radius from heliports

(B) 1 mile radius from private airport runway(s)

(C) 3 mile radius from public use airport runway(s)

 

 

(6) Areas Prohibiting Telecommunication Facility Location. No telecommunications facilities, except exempt facilities as defined in subsection (3) which are accessory to the principal use, shall be permitted within:

 

a. Historic sites and districts listed on the National Register of Historic Places

b. Natural areas and critical species habitats as identified by the United States Environmental Protection Agency (NEPA) guidelines.

c. Wetlands as identified in Wisconsin Wetland Inventory (applicants should review wetland use with the U.S. Army Corp of Engineers)

d. Floodplains

e. Zoning districts:

1. R-1, Single Family Residence District (unsewered)

2. R-2, Single Family Residence District (sewered)

3. W, Waterfront

4. S, Shoreland

5. N, Natural Resource

All maps except NEPA maps identifying the prohibitive areas are located within the Zoning Department and are available for public review and inspection.

 

 

(7) Conditional Use Application. Amendment of a prior conditional use permit or locating and constructing a telecommunications facility, including the telecommunications support facility or other supporting equipment used in connection with said telecommunications support facility shall require a conditional use permit. [Location of a colocator's telecommunications support facility may require a land use permit as set forth in subsections (3) and (14).] The Zoning and Planning Committee may issue a conditional use permit after review and a public hearing, provided that such conditional use is in accordance with the purpose and intent of this Ordinance.

 

(a) Submittal Information. For all telecommunications facilities, except exempt facilities as defined in subsection (3), the Zoning Department shall require the following information to accompany every application. Said information shall include, but may not be limited to:

1. Completed conditional use application and conditional use fee.

2. Original signature of applicant and owner (if the telecommunication facility is located in an easement, the beneficiaries of the easement and underlying property owner must authorize the application),

3. The identity of the carrier, provider, applicant, landowner and service provider and their legal status,

4. The name, address and telephone number of the officer, agent and/or employee responsible for the accuracy of the application,

5. A plat of survey, showing the parcel boundaries, tower, facilities, location, access, landscaping and fencing,

6. A written legal description of the site,

7. In the case of a leased site, a lease agreement, option or binding lease memorandum which shows on its face that it does not preclude the lessee from entering into leases on the site with other provider(s) and the legal description and amount of property leased. The lease shall not be structured so as to create a bar to colocation of other providers. Colocation lease terms, including rent, shall be subject to arbitration, as set forth elsewhere herein, in the event the parties are unable to reach agreement on the issue of rent or other terms.

8. A description of the telecommunications service that the applicant offers or provides, to persons, firms, businesses or institutions,

9. Federal Communications Commission (FCC) license numbers and registration numbers, if applicable,

10. Copies of Finding of No Significant Impacts (FONSI) statement from the Federal Communications Commission (FCC) or Environmental Impact Study (EIS), if applicable,

11. An alternatives analysis shall be prepared by the actual applicant or on behalf of the applicant by its designated technical representative, except for exempt facilities as defined in subsection (3), subject to the review and approval of the Zoning and Planning Committee, which identifies at least three sites, technically feasible alternative locations and/or facilities which could provide the proposed telecommunication service. The intention of the alternative analysis is to present alternative strategies which could minimize the number, size, and adverse environmental impacts of facilities necessary to provide the needed services to the County. The analysis shall address the potential for colocation and the potential to locate facilities as close as possible to the intended service area. It shall also explain the rationale for selection of the proposed site in view of the relative merits of any of the feasible alternatives. Approval of the project is subject to the determination of the Zoning and Planning Committee that the site applied for is more advantageous than any available, feasible alternative site. Sites on prime agricultural land or County-approved environmental corridors shall be located to have least negative impact on agricultural use or the environmental corridor. The County may require independent verification of this analysis at the applicant's expense.

12. Plans indicating security measures (i.e. access, fencing, lighting, etc.),

13. Shall include a tabular and map inventory of all of the applicant's existing telecommunications facilities that are located within Jefferson County and including all of the existing facilities within fifteen hundred (1500) feet of the County boundary. The inventory shall specify the location, height, type, and design of each of the applicant's existing telecommunication facilities, and the ability of the tower or antenna structure to accommodate additional colocation antennas,

14. A report prepared by an engineer licensed by the State of Wisconsin certifying the structural design of the tower and its ability to accommodate additional antennas,

15. Proof of liability coverage,

16. Certified statement from an RF engineer showing the coverage of the proposed facility,

17. Copies of an Affidavit of Notification indicating that the airport operator and airport property owners, with the areas limiting telecommunication facility locations as identified under subsection (5), if applicable, have been notified via certified mail, and

18. Such other information as the Zoning and Planning Committee may reasonably require to complete processing the application.

(b) Colocation. All telecommunications facilities issued a conditional use permit on or after the effective date of this section and any telecommunication facility previously issued a conditional use permit requiring colocation sites shall make available unused space for colocation of other telecommunication facilities, including space for those entities providing similar, competing services. Colocation is not required if the host facility can demonstrate that the addition of the new service or facilities would impair existing service or cause the host to go offline for a significant period of time, such as would be occasioned by requiring a replacement tower or reconstruction of an existing tower to facilitate colocation. In general, it is anticipated that colocation will not result in any disruption of service. All colocated and multiple-user telecommunication facilities shall be designed to promote site sharing. Telecommunication towers and necessary appurtenances, including but not limited to parking areas, access roads, utilities shall be shared by the site users whenever possible. Space shall be reasonably available to colocators. In the event the parties are unable to reach agreement on the issue of rent, the parties shall arbitrate the dispute. Each party shall pick a representative for the arbitration panel. The two persons selected shall select a third person. The three persons chosen shall arbitrate the dispute. The parties shall split the costs of arbitration equally. The permittee shall make this arbitration provision known to any party with whom it is unable to reach agreement for colocation. The arbitrator shall consider prevailing market rates in the region, contractual provisions which are standard in the industry, or master colocation agreements on the issue subject arbitration. The arbitration provisions hereof shall be applicable to both the landowner and the telecommunications facility owner or operator when negotiating with a prospective colocator and shall be deemed a condition of any conditional use permit issued hereafter whether or not specifically set forth in said permit. Any party seeking arbitration may request arbitration from the appropriate other party after expiration of 90 days from commencement of negotiations. Arbitration shall be promptly completed. Failure to engage in arbitration as required hereunder shall constitute a violation of this section.

(c) Technical Review. The Zoning Department, upon direction of the Jefferson County Zoning and Planning Committee, shall employ on behalf of the County an independent technical expert to review materials submitted in those cases where a technical demonstration of unavoidable need or unavailability of alternatives has been determined necessary by the Committee. Applicant may provide a list of experts to the Committee. The Committee shall not be bound to employ one of the named experts. The applicant shall pay all the costs of said review. The payment to the Zoning Department shall be due upon receipt of the invoice. All invoices, fees and charges accumulated for the technical review must be paid in full prior to the issuance of the conditional use permit.

(d) Submittals Required Following the Conditional Use Approval. For each conditional use permit approved by the Jefferson County Zoning and Planning Committee the applicant shall submit the following before the conditional use permit will be issued:

1. Copies of the determination of no hazard from the Federal Aviation Administration (FAA) including any aeronautical study determination or other findings and the Wisconsin State Bureau of Aeronautics, if applicable.

2. Copies of any Environmental Assessment (EA) reports on Form 600 or Form 854 submitted to the Federal Communications Commission (FCC), if applicable.

3. Copies of any filings relating to any telecommunications facility located in the County submitted to the Federal Communications Commission (FCC) shall be submitted within 30 days of filing.

4. Application for County land use permit and applicable fee.

 

(8) Information Report. The purpose of the report under this subsection is to provide the County with accurate and current information concerning the telecommunications facility owners and providers who offer or provide telecommunications services within the County, or that own or operate telecommunications facilities within the County, to assist the County in enforcement of this subsection, and to assist the County in monitoring compliance with local, state and federal laws.

 

(a) Information Report. All telecommunications tower owners of any new telecommunications tower shall submit to the Planning and Zoning Department a Telecommunications Facility Information Report (the "Report") within 45 days: (1) following conditional use approval; (2) of receipt of a written request from the Jefferson County Department of Planning and Zoning; and (3) of any change in occupancy of the tower. The Report shall include the tower owner name(s), address(es), phone number(s), contact person(s), and proof of bond as security for removal. The tower owner shall supply the tower height or current occupancy, if applicable, the number of colocation positions designated, occupied or vacant. This information shall be submitted on the County form provided and designated for such use, and shall become evidence of compliance.

(b) Information Report Fee. Following the conditional use approval and with the initial filing of the Report, the tower owner shall submit to the Planning and Zoning Department a one time fee of $200 per tower site. The fee submittal is the responsibility of each tower owner. Failure to provide this information as required above may result in a civil forfeiture for each day elapsing until the information is received by the Jefferson County Department of Planning and Zoning.

 

(9) Removal/Security for Removal.

 

(a) It is the express policy of Jefferson County and this ordinance that telecommunications towers be removed once they are no longer in use and not a functional part of providing telecommunications service and that it is the telecommunications provider's responsibility to remove such telecommunications tower and restore the site to its original condition or a condition approved by the Jefferson County Zoning Department. This restoration shall include removal of any subsurface structure or foundation, including concrete, used to support the telecommunications tower down to 5 feet below the surface. After a telecommunications tower is no longer in operation, the provider shall have 180 days to effect removal and restoration unless weather prohibits such efforts. Permittee shall record a document with the Jefferson County Register of Deeds showing the existence of any subsurface structure remaining below grade. Such recording shall accurately set forth the location and describe the remaining structure.

(b) Security for Removal. The owner of any telecommunications tower shall provide to Jefferson County, prior to the issuance of the conditional use permit or the issuance of a zoning permit, a performance bond in an amount based on a written estimate of a qualified remover of said types of structures, or Twenty Thousand Dollars ($20,000), whichever is less, to guarantee that the telecommunications tower will be removed when no longer in operation. Jefferson County will be named as obligee in the bond and must approve the bonding company. The County may require an increase in the bond amount after five (5) year intervals to reflect increases in the Consumer Price Index. The provider shall supply any increased bond within a reasonable time, not exceeding sixty (60) days, after the County's request. A permittee may submit a letter of credit in the amount set forth above, or, in the alternative, a permittee with several sites in the County may submit a master bond to cover all of said sites. A master bond or a letter of credit may, in the Committee's discretion, be in an amount sufficient to secure removal from one site if the master bond or letter of credit provides for replenishing any amount used as the master bond or letter of credit covers any other site in the County.

 

(10) Preexisting Telecommunication Towers and Antennas.

 

(a) Nonconforming and conforming telecommunication towers, antennae and facilities may add, move or replace antennas, the tower and support facilities upon issuance of a land use permit. An existing telecommunication tower may be relocated or reconstructed within fifty (50) feet of its existing location to accommodate colocation subject to meeting all other sections of this Ordinance except subsection (7). Routine maintenance and repair on telecommunications facilities is permitted. See subsection (14)(2).

(b) Existing Use Review.

1. Existing Use Review for Those Towers Structurally Capable to Colocate -

Beginning July 31, 1999, within 45 days: (1) of receipt of a written request from the Jefferson County Department of Planning and Zoning; or (2) of any change in ownership or occupancy of the tower, all telecommunications tower owners operating in Jefferson County prior to the adoption of this section shall provide the information required under subsection (8) (except proof of bond and proof of insurance), of this section. By July 31, 1999 such owners shall pay a one time fee of $200 per tower site. Failure to provide this information as required above may result in a civil forfeiture for each day elapsing until the information is received by the Jefferson County Department of Planning and Zoning.

2. Existing Use Review for Those Towers Structurally Incapable for Colocation -

 

By July 31, 1999, within 45 days: (1) of receipt of a written request from the Jefferson County Department of Planning and Zoning; or (2) of any change in ownership or occupancy of the tower, all telecommunications tower owners operating in Jefferson County prior to the adoption of this section shall provide the information required under subsection (8) (except proof of bond and proof of insurance), and submit documents that the tower is structurally incapable of colocation. By July 31, 1999 such owners shall pay a one time fee of $200 per tower site. Failure to provide this information as required above may result in a civil forfeiture for each day elapsing until the information is received by the Jefferson County Department of Planning and Zoning.

 

(11) Compliance.

 

(a) Revocation. Grounds for revocation of the conditional use permit shall be limited to one of the following findings:

1. The owner of such site, service provider and/or tower owner fails to comply with the requirements of this Ordinance as it existed at the time of the issuance of the conditional use permit;

2. The permittee has failed to comply with the conditions imposed by the conditional use permit.

(b) Revocation Process.

1. The owner of such site, service provider and/or tower owner shall be notified by certified mail of noncompliance by the Jefferson County Zoning Department.

2. The owner shall comply with such notice within 30 days to the satisfaction of the Jefferson County Zoning Department.

3. If compliance is not obtained within 30 days, the Jefferson County Zoning Department shall notify the Jefferson County Zoning and Planning Committee of the noncompliance and request permission to proceed with the revocation process. (This time period may be extended by the Zoning Committee to adjust for seasonal limitations or other legitimate factors.)

4. The Jefferson County Zoning Department shall petition the Jefferson County Board for a public hearing before the Jefferson County Zoning Committee following publication of a Class 2 notice in the legal newspaper of Jefferson County.

5. A copy of a hearing notice shall be mailed certified to the owner of record of the telecommunications facility at least two weeks prior to the hearing date.

6. An officer of the Jefferson County Zoning Department shall appear at the hearing before the Jefferson County Zoning and Planning Committee to present the evidence of noncompliance. All other interested parties may also give testimony to the Committee.

7. In compliance with the procedures of a conditional use hearing, a written decision of the Jefferson County Zoning and Planning Committee will be made.

(c) Abandonment. Any antenna or telecommunication tower that is not operated for a continuous period of twelve (12) months shall be considered abandoned. Upon application, the Committee may extend the time limit to abandon once for an additional twelve-month period. Such extension shall be based on the finding that the owner or permit holder is actively seeking tenants for the site. After the expiration of the time periods established above, the following shall apply:

1. The owner of such antenna or telecommunication tower shall remove said antenna or telecommunication tower including all supporting equipment, building(s) and foundations to the depth as otherwise herein required within ninety (90) days of receipt of notice from the Zoning Department notifying the owner of such abandonment. If removal to the satisfaction of the Zoning Department does not occur within said ninety (90) days, the Jefferson County Zoning Administrator may order removal utilizing the established bond as provided under subsection (9) and salvage said antenna or tower and all supporting equipment and building(s). If there are two or more users of a single tower, then this provision shall not become effective until all operations of the tower cease.

2. The recipient of a conditional use permit allowing a telecommunications tower under this section, or the current owner or operator, shall notify the Jefferson County Zoning Department within 45 days of the date when the telecommunication tower is no longer in operation.

 

(12) Structural, Design and Environmental Standards.

 

(a) Tower, Antenna and Facilities Requirements. All telecommunications facilities, except exempt facilities as defined in subsection (3), shall be designed to reduce the negative impact on the surrounding environment by implementing the measures set forth below:

1. All telecommunication facilities shall comply at all times with all Federal Communications Commission (FCC) rules, regulations, and standards. To that end no telecommunication facility or combinations of facilities shall produce at any time power densities in any inhabited area that exceed the Federal Communications Commission (FCC) adopted standard for human exposure, as amended, or any more restrictive standard subsequently adopted or promulgated by the Federal government. All telecommunication tower and antenna shall meet or exceed the standards and regulations, in place at the time of the issuance of the conditional use permit, of the Federal Aviation Administration (FAA), the Wisconsin State Bureau of Aeronautics, Occupational Safety and Hazard Association (OSHA), the Federal Communications Commission (FCC) and any other agency of the State and/or Federal government with the authority to regulate towers and antennas. Determinations by the State or Federal agencies responsible for enforcing the regulations set forth above shall be binding on the applicant and County.

2. Telecommunication towers shall be constructed of metal or other nonflammable material, unless specifically permitted by the County to be otherwise,

3. All ground mounted telecommunications towers shall be self-supporting monopoles or lattice towers except where satisfactory evidence is submitted to the Zoning and Planning Committee that a guyed tower is required,

4. Satellite dish and parabolic antennas shall be situated as close to the ground as possible to reduce visual impact without compromising their functions,

5. Telecommunication support facilities (i.e., equipment rooms, utilities, and equipment enclosures) shall be constructed of nonreflective materials (visible exterior surfaces only). Telecommunication support facilities shall be no taller than fifteen feet (15') in height, measured from the original grade at the base of the facility to the top of the structure, and shall be designed to blend with existing architecture in the area or shall be screened from sight by mature landscaping as required in subsection (12)(e)1., and shall be located or designed to minimize their visibility. Telecommunication support facilities for all tower users at one telecommunications facility shall not exceed a total of 1,000 square feet of floor area.

6. Telecommunications facilities and antennas shall be designed and constructed in accordance with the State of Wisconsin Uniform Building Code, National Electrical Code, Uniform Plumbing Code, Uniform Mechanical Code, and Uniform Fire Code, Jefferson County Subdivision Ordinance, Jefferson County Sanitation Ordinance, Electronic Industries Association (EIA), American National Steel Institute Standards (ANSI), American National Standards Institute (ANSI), and Electronic Industry Assoc/Telecommunication Industry Association (EITTFTIA) 222-E.3., in effect at the time of manufacture. The owner of a telecommunications facility or antenna shall submit to the Planning and Zoning Department a statement of compliance with the codes set forth herein.

7. The maximum height of an antenna platform located on a roof top shall be twenty (20) feet above the roof,

8. Telecommunication facilities shall not interfere with or obstruct existing or proposed public safety, fire protection or Supervisory Controlled Automated Data Acquisition (SCADA) operation telecommunication facilities. Any actual interference and/or obstruction shall be corrected by the applicant at no cost to the County.

(b) Height. The height of a telecommunication tower shall be measured from the original grade at the base of said tower to the highest part of the tower itself. In the case of building mounted towers the height of the tower includes the height of the portion of the building on which it is mounted. In the case of "crankup" or other similar towers whose height can be adjusted, the height of the tower shall be the maximum height to which it is capable of being raised.

Towers shall be permitted to a maximum height of 200 feet, not including antennas. Unless permitted by the Committee after review, towers shall be constructed so as to accommodate a minimum of three colocation sites. Colocation sites need not be available on the tower as initially placed or constructed, provided that the tower will support at the specified maximum height later addition of at least three colocation sites. Notwithstanding the height and number of colocation sites on the tower as initially placed or constructed, the tower design approved and permitted shall be for a tower capable of extension to 200 feet in height, including the required colocation sites. The Committee may vary the above requirements if use of a monopole is a condition of the permit.

(c) Lighting. Telecommunications towers shall be lighted in accordance with rules of the Federal Aviation Administration (FAA) or other applicable regulatory authority. The Committee may require lighting of towers in areas subject to localized air traffic concerns such as crop dusting.

(d) Site Development, Roads and Parking. A leased parcel intended for the location of new telecommunications facilities and telecommunication support facilities shall be located so as to permit expansion for telecommunication support facilities to serve all potential colocators. A parcel owned by the telecommunications carrier and/or provider and intended for the location of new telecommunication facilities and telecommunications support facilities shall meet the minimum size requirement of the zoning district. All sites must be served by an easement sufficient to provide a turnaround and shall use existing access points and roads whenever possible. The access point to the site shall be approved by the Jefferson County Highway Department, State of Wisconsin Department of Transportation, or the applicable township depending on road jurisdiction.

(e) Vegetation Protection and Facility Screening:

 

1. Except exempt facilities as defined in subsection (3), all telecommunications facilities shall be installed in such a manner so as to minimize disturbance to existing native vegetation and shall include suitable mature landscaping to screen the facility, where necessary. For purposes of this section, "mature landscaping" shall mean trees, shrubs or other vegetation of a minimum initial height of five (5) feet that will provide the appropriate level of visual screening immediately upon installation.

2. Upon project completion, the owner(s)/operator(s) of the facility shall be responsible for maintenance and replacement of all required landscaping as long as a telecommunication facility is maintained on the site.

(f) Fire Prevention. All telecommunication facilities shall be designed and operated in accordance with all applicable codes regarding fire prevention.

(g) Noise and Traffic. All telecommunication facilities shall be constructed and operated in such a manner as to minimize the amount of disruption caused to nearby properties. To that end all the following measures shall be implemented for all telecommunication facilities, except exempt facilities as defined in subsection (3):

1. Noise producing construction activities shall take place only on weekdays (Monday through Saturday, non-holiday) between the hours of 6:00 a.m. and 6:00 p.m., except in times of emergency repair, and

2. Backup generators shall be operated only during power outages and for testing and maintenance purposes.

 

(13) Separation and Setback Requirements (except exempt facilities as defined in subsection (3).

 

(a) Minimum Separation Between Telecommunication Towers (by tower type).

 

Proposed tower types: Lattice Guyed Guyed Monopole 85 ft

in height or greater

 

Lattice 2,640 ft. 2,640 ft. 2,640 ft.

 

Guyed 2,640 ft. 2,640 ft. 2,640 ft.

 

Monopole 85 ft.

in height or greater 2,640 ft. 2,640 ft. 2,640 ft.

 

1. Notwithstanding the above separations, two (2) telecommunications towers may be permitted to be located within 100 feet of each other subject to conditional use review and approval of the Jefferson County Zoning and Planning Committee and subject to meeting the setback requirements.

 

2. Camouflaged towers are exempt from the separation between telecommunications towers requirement listed above.

 

(b) Setbacks. All setbacks shall be measured from the base of the tower or structure. Notwithstanding any other provisions of this Ordinance, the following minimum setbacks shall apply unless a greater distance is established by the Zoning Committee in a conditional use permit:

 

1. Setbacks from all habitable residential buildings, except buildings located on the subject parcel. All new towers shall be set back a distance at least 125% of the height of the tower.

2. Setbacks from all historic sites and districts. All new towers shall be set back a distance at least 125% of the height of the tower from historic sites and districts.

3. Set back from the road right of ways of all streets. All new towers shall be set back from all streets a minimum as defined in the Jefferson County Zoning Ordinance. Notwithstanding other provisions of the Zoning Ordinance, a tower shall be set back from all traveled portions of a street or highway a distance not less than its height, unless an engineer has provided a certified opinion that the mode of failure designed for said structure allows placement as close as one-half the height of the tower from the traveled portion of said street or highway.

4. Setbacks from property lines. All new towers shall be set back a minimum of fifty (50) feet from all property lines. (This requirement does not apply to the boundary of the leased parcel unless the leased parcel boundary is also a property line.)

5. Guy Wire Anchor Setback. All guy wire anchors shall be at least twenty-five (25) feet from all property lines.

6. So as to minimize the potential diminution of property value of neighboring properties, and recognize the economic value of a tower lease to the host property, telecommunications towers shall not be placed closer to a residence existing on April 20, 1999 on neighboring properties than the distance of the tower from the residence or principal structure on the host property. In the event the proposed tower is more than 1/4 mile from such existing residence on a neighboring property, the Committee may, in its discretion, waive the applicability of this paragraph.

7. The Committee may approve setbacks in an Industrial zone less than set forth above, except no such reduction may be allowed in a setback from a habitable residential building.

 

(14) Permits. A Jefferson County zoning permit is required from the Zoning Department for the location of all telecommunication facilities, except exempt facilities as defined in subsection (3) which do not specify the requirement of a land use permit. The applicant shall submit such information referred to under subsection (7)(a) as may be required by the Zoning Administrator, except the conditional use application and fee. Telecommunications facilities proposed to be colocated on facilities previously approved under this Ordinance shall be exempt from submitting information required under subsection (7)(a), but shall be required to submit a zoning permit application for review and approval if the telecommunications support facility exceeds 100 square feet in area.

 

(a) Permitted Uses:

 

1. Locating/installing an antenna that adds no more than fifty (50) feet to the height of an alternative support structure, including placement of additional buildings or other supporting equipment used in connection with said antenna subject to meeting all other sections of this Ordinance except subsection (7) shall require a land use permit.

2. A telecommunication tower which is being relocated or reconstructed to accommodate colocation may be relocated within fifty (50) feet of its existing location, with the review and approval of a zoning permit from the Zoning Department and shall be subject to meeting other sections of this Ordinance except subsection (7) and subject to meeting Federal Aviation Administration (FAA)/State Bureau of Aeronautics requirements. Routine maintenance and repair on telecommunications facilities is permitted.

 

Section 3. This ordinance shall be published in the manner and form required by the Wisconsin Statutes and shall be effective on the date of publication.

 

 

Mrs. Groskopf moved that Ordinance No. 99-01 be adopted. Seconded and carried by the following roll call:

 

Ayes: Schreiber, Klein, Holterman, Smith, Lidholm, Buchanan, Schwoch, Wilson, Jaeger, Kramer, Zimdars, Hartwig, Hoeft, Curtin, Nass, Kisow, Schroedl, Foskett, Thomsen, Groskopf, Turner, Weiss, Piper, Potter, Lehmann, Keating, Borland, Rupnow, Fiske, Maasz. Total 30.

 

Noes: 0.

 

Absent: 0.

 

 

Mrs. Groskopf read Ordinance No. 99-02.

 

WHEREAS, the Jefferson County Board of Supervisors has heretofore been petitioned to amend the Jefferson County Zoning Ordinance, and

 

WHEREAS, Petitions 2063A-99, 2064A-99, 2065A-99, 2066A-99 and 2067A-99 had been referred to the Jefferson County Planning and Zoning Committee for public hearing on March 18, 1999, and the Text Amendments were referred for public hearing on February 18, 1999, and

 

WHEREAS, the proposed amendments have been given due consideration by the Board of Supervisors in open session,

 

NOW, THEREFORE, BE IT ORDAINED that the Jefferson County Board of Supervisors does amend the Zoning Ordinance of Jefferson County (and accompanying zoning maps) as follows:

 

FROM AGRICULTURAL A-1 TO A-2, AGRIBUSINESS

 

Rezone 4.5 acres of Parcels 06-14-30-44-001 (4 Acres) and 06-14-30-44-004 (18.7 Acres) to allow for mud drag races and tractor pulls at W6950 USH 12 in the Town of Jefferson. This action is conditioned upon adoption by the County Highway Department and County Board of a no-parking ordinance along CTH C for the area affected by this use. (2063A-99 - Charles Pollitt)

 

FROM AGRICULTURAL A-1 TO A-3, RURAL RESIDENTIAL

 

Rezone approximately 0.3 acres to allow its transfer to an adjoining property, already zoned A-3. Create a two acre lot with an existing home at N8544 CTH A. Both sites are part of Parcel 08-14-13-44-004 (13.97 Acres) in the Town of Watertown. This rezoning is conditioned upon approval and recording of a final certified survey map for the two acre lot, and either receipt by Zoning of a transfer document or approval of a certified survey map including the 0.3 acre into adjoining lands. (2064A-99 - J. Mark Holland)

 

Create a 1.04 acre rural residential building site on Tamarack Road from part of Parcel 05-16-26-33-001 (5 Acres). The site is owned by Richard L. and Rosezella M. Havlik in the Town of Palmyra. This action is conditioned upon approval of the access point by the Town of Palmyra, upon receipt by the Zoning Department of a soil test showing sites for installation of both initial and replacement private sewage systems, and for approval and recording of a final certified survey map for the property. (2065A-99 - Karen Havlik)

 

Rezone one acre of Parcel 05-16-35-14 (33.07 Acres) owned by Howard and Jeanette Poulson to allow its transfer to an adjoining A-3 zoned property. The site is near N300 Tower Road in the Town of Palmyra. This action is conditioned upon either receipt by Zoning of a transfer document for the one acre or upon approval and recording of a final certified survey map for the enlarged A-3 zone. (2066A-99 - Darren M. Poulson)

 

Create an 8.5 acre wooded lot with existing home at W6278 Star School Road in the Town of Koshkonong. The site is part of Parcel 05-14-21-12 (45 Acres) and is owned by the Gary Poeppel Trust. Rezoning is conditioned upon approval and recording of a final certified survey map for the property, and upon compliance with Town of Koshkonong restrictions. (2067A-99 - Gary Poeppel)

 

 

Mrs. Groskopf moved that Ordinance No. 99-02 be adopted. Seconded and carried by the following roll call:

 

Ayes: Schreiber, Klein, Holterman, Buchanan, Wilson, Jaeger, Kramer, Zimdars, Hartwig, Curtin, Kisow, Schroedl, Thomsen, Groskopf, Turner, Weiss, Piper, Potter, Lehmann, Borland, Fiske, Maasz. Total 22.

 

Noes: Smith, Lidholm, Schwoch, Hoeft, Nass, Foskett, Keating, Rupnow. Total 8.

 

Absent: 0.

 

 

Mrs. Groskopf read Ordinance No. 99-03.

 

THE COUNTY BOARD OF SUPERVISORS OF THE COUNTY OF JEFFERSON, STATE OF WISCONSIN, DO ORDAIN AS FOLLOWS;

 

The Principal Uses section of Section 11.04(f)5. shall be amended to read as follows:

 

 

Principal Uses. Agriculture, horticulture, dairying, beekeeping, livestock raising, hatching of fowl, nursery, greenhouse, stable, truck farm, forestry. Roadside stand for the sale of products grown or produced on the premises. One single-family residence, occupants of which earn a substantial part of their livelihood from the farm occupation. Second dwelling if used by farm help whose livelihood is derived in substantial part from the farm operation. Feedlot for 150 livestock units or less. Poultry farm housing 10,000 birds or less. A single family residence existing on April 20, 1999, or its replacement under this section, may be reconstructed if damaged beyond fifty (50) percent of its current fair market value or destroyed by fire or other act of God at its existing location, as long as the existing location meets applicable setbacks.

 

A land division of up to three (3) acres with an existing residence and associated accessory structures is permitted if the residence in question was constructed prior to enactment of the 1975 Zoning Ordinance and the parcel remaining contains a minimum of 35 contiguous acres. All provisions of the Agricultural A-3 District are applicable to the parcel to be created, as are the requirements of the Jefferson County Land Division and Subdivision Ordinance. (NOTE: Divisions of this nature are exempt from payback provisions of the Wisconsin Farmland Preservation Program, described in Wisconsin Statutes Chapter 91.)

 

The Conditional Uses section of Section 11.04(f)5. shall be amended to read as follows:

 

 

Conditional Uses. Additional residential units for farm help who earn a substantial portion of their livelihood from the farm operation. Single-family residence or duplex located on non-prime agricultural lands so as to minimize impediments to agricultural use of the balance of the property. Commercial raising of fish. Feedlot for more than 150 livestock units. Poultry farm housing more than 10,000 birds (Sec. 11.05(d)). Fur farm. Public and semi-public uses (Section 11.05(b)) except those uses listed in Sec. 11.05(b)1. Private agri-related airstrips.

 

 

Duplex residential structures to be occupied by persons who earn a substantial portion of their livelihood from the farm operation; Home occupations-conditional; . . . . . . .

 

The Minimum Lot Area of Section 11.04(f)5. shall be amended to read as follows:

 

 

Minimum Lot Area. Thirty-five (35) acres.

 

Exception: Parcels of less than thirty-five (35) acres which existed prior to January 15, 1975, shall comply with Section 11.09(e), Substandard Lots.

Exception: Parcels of less than thirty-five (35) acres which are the result of a Zoning District amendment to the official Zoning Map of Jefferson County, shall comply with Section 11.09(e), Substandard Lots. Notwithstanding contrary provisions of Section 11.09(e), a single-family residence on a substandard A-1 parcel created as a result of a zoning amendment shall be subject to the conditional use requirements of Section 11.04(f)5.

This Ordinance amendment shall take effect upon passage and publication.

 

 

Mrs. Groskopf moved to table Ordinance No. 99-03 until June. Seconded. A voice vote being unclear, a roll call vote was called for and the motion carried as follows:

 

Ayes: Schreiber, Klein, Holterman, Wilson, Jaeger, Kramer, Zimdars, Hartwig, Curtin, Schroedl, Thomsen, Groskopf, Turner, Weiss, Piper, Keating, Borland, Maasz. Total 18.

 

Noes: Smith, Lidholm, Buchanan, Schwoch, Hoeft, Nass, Kisow, Foskett, Potter, Lehmann, Rupnow, Fiske. Total 12.

 

Absent: 0.

 

 

County Administrator Willard D. Hausen read the following:

 

TO THE JEFFERSON COUNTY BOARD OF SUPERVISORS:

 

MEMBERS OF THE BOARD:

 

Pursuant to Section 59.18 of the Wisconsin Statutes, Ordinance No. 94-03 and Section 3.06(b) of the County Board Rules, I hereby reappoint Dr. Donald Williams, Fort Atkinson, Wisconsin, as a member of the Jefferson County Board of Health for a three-year term expiring on the second Tuesday in May, 2002. I respectfully request confirmation of this appointment.

 

Willard D. Hausen

County Administrator

 

 

Mr. Buchanan moved that the appointment be confirmed. Seconded and carried.

 

 

County Administrator Hausen read the following:

 

TO THE JEFFERSON COUNTY BOARD OF SUPERVISORS:

 

MEMBERS OF THE BOARD:

 

Pursuant to Section 59.18 of the Wisconsin Statutes, Ordinance No. 94-03 and Section 3.06(b) of the County Board Rules, I hereby reappoint Denise Smith, Watertown, Wisconsin, as a member of the Jefferson County Board of Health for a three-year term expiring on the second Tuesday in May, 2002. I respectfully request confirmation of this appointment.

 

Willard D. Hausen

County Administrator

 

 

Mrs. Lidholm moved that the appointment be confirmed. Seconded and carried.

 

 

There being no further business, Mr. Buchanan moved that the Board adjourn. Seconded and carried at 10:50 a.m.