Jefferson County - Board of Supervisors - Minutes  - 1999

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JEFFERSON COUNTY BOARD MINUTES

TUESDAY, AUGUST 10, 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, WISCONSIN

AUGUST 1, 1999

 

Available Cash on Hand

July 1, 1999 $ 477,181.57

July Receipts 10,304,533.43

 

Total Cash $10,781,715.00

 

Disbursements

General - July 1999 $ 4,619,278.54

Payroll - July 1999 1,567,474.58

 

Total Disbursements 6,186,753.12

 

Total Available Cash $ 4,594,961.88

 

Cash on Hand (in banks) August 1, 1999 $ 5,634,200.33

Less Outstanding Checks 1,039,238.45

 

Total Available Cash $ 4,594,961.88

 

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

 

Local Govt. Invest. Pool - General Funds $21,874,419.16

 

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

1999 Interest 5,428.79

$ 233,622.78

 

Liquidity Management - BankOne Wisconsin $ 4,408,429.46

$26,521,471.40

 

1999 Interest - Super N.O.W. Acct. $ 14,879.04

1999 Interest - L.G.I.P. - General Funds 477,786.54

1999 Interest - BankOne Wisconsin 92,121.68

Total 1999 Interest $ 584,787.26

 

JOHN E. JENSEN

JEFFERSON COUNTY TREASURER

 

Mrs. Turner moved that the minutes of the July 13, 1999 meeting be approved as corrected. Seconded and carried.

 

County Clerk Barbara A. Frank read a letter from the Office of the Governor acknowledging the receipt of Jefferson County Board Resolution No. 99-37.

 

The letter was ordered received and placed on file.

 

County Clerk Frank read a letter from Assemblyman David Ward regarding Resolution No. 99-37 which asks the Governor and Legislature to provide sufficient funds to support all state legislation which results in the use of a county jail.

 

The letter was ordered received and placed on file.

 

The Clerk reported the receipt of petitions containing 2999 signatures opposing the proposed casino in Johnson Creek.

 

The petitions were ordered received and placed on file.

 

The Clerk read a letter addressed to the Board of Supervisors from the Jefferson County Towns Association opposing the proposed casino in Johnson Creek.

 

The letter was ordered received and placed on file.

 

The County Clerk read a letter from Richard E. Brooks, Vice President of Retail Development for Ryan Companies US, Inc. in support of the proposed casino in Johnson Creek. (Ryan Companies US, Inc. is developing a 400,000 square foot shopping center at the southeast quadrant of I-94 and State Highway 26 in Johnson Creek.)

 

The letter was ordered received and placed on file.

 

The Clerk read Resolution No. 99-32A from the City of Lake Mills in opposition to the proposed casino in Johnson Creek.

 

The communication was ordered received and placed on file.

 

County Clerk Frank read a Notice of Public Hearing from the Zoning Committee for the August 19, 1999 hearing.

 

The notice was ordered received and placed on file.

 

The floor was opened for public comment.

 

The following persons spoke in reference to the proposed casino at Johnson Creek: Lyle Klockow of the Johnson Creek Economic Development Board; John Ruiz; Angela Morris; Tom Maulson, Tribal Chairman of the Lac du Flambeau; Jim Hammes, attorney for the Village of Johnson Creek.

 

The regular order of business was resumed.

 

Joseph Pastor, Veterans Service Officer, presented the annual report for his office.

 

To: The Honorable Members of the Jefferson County Board of Supervisors

 

Subject: Annual Report for 1998 from the Jefferson County

Veterans Service Office

 

In 1998, Jefferson County's 6,549 veterans, their dependents and/or survivors received a total of $8,363,715 in benefits from the Federal Department of Veterans Affairs and the Wisconsin Department of Veterans Affairs.

 

The office budget totaled $175,458 of which $159,760 was expended. A grant from the Wisconsin Department of Veterans Affairs in the amount of $11,500 was used to offset expenses in the Veterans Service Office.

 

The "Soldiers and Sailors Relief" or Veterans Service Commission was authorized a budget of $8,885 of which $5,882 was spent. Commission members are Chairman Charles Lenz, Jr., Jefferson, Harold Senn of Watertown and Tim Finn of Lake Mills.

 

During 1998, $4,600 was allocated for the care of veterans graves and $2,482 was spent.

 

The office staff was composed of Joseph R. Pastor as Veterans Service Officer, Joy Brandt, Deputy Veterans Service Officer, and Phyllis Vehlow, Veterans Benefits Specialist.

 

Respectfully submitted,

 

JOSEPH R. PASTOR

Veterans Service Officer

Jefferson, Wisconsin

 

1998 STATE VETERANS BENEFITS

 

22 PRIMARY HOUSING LOANS $2,545,700

26 PERSONAL LOANS 207,175

3 HOME IMPROVEMENT LOANS 30,975

19 TUITION & FEE REIMBURSEMENT GRANTS 6,522

1 HEALTH CARE AID GRANT 1,185

21 PART TIME STUDY GRANTS 2,151

 

Estimated cost of care for 7 Jefferson County

Veterans or their dependents residing at the

Wisconsin Veterans Home at King 280,440

 

TOTAL STATE BENEFITS $3,074,148

 

 

JEFFERSON COUNTY 1998 FEDERAL VETERANS BENEFITS

 

COMPENSATION AND PENSION $3,349,237

VOCATIONAL REHABILITATION 235,271

GOVERNMENT LIFE INSURANCE PAYMENTS 556,659

ESTIMATED VALUE V.A. HOSPITAL CARE 1,148,400

 

1998 TOTAL EXPENDITURES $5,289,567

 

 

1998 DECEASED INFORMATION

 

 

DEATHS BURIAL HEADSTONES

 

WORLD WAR I 0 WORLD WAR I 0

WORLD WAR II 77 WORLD WAR II 25

 

KOREA, PEACE- KOREA, PEACE-

TIME, VIETNAM & TIME, VIETNAM &

PERSIAN GULF 45 PERSIAN GULF 14

 

TOTAL 122 TOTAL 39

 

1998 TOTAL ALL VETERANS BENEFITS

 

TOTAL STATE BENEFITS $3,074,148

TOTAL FEDERAL BENEFITS 5,289,567

 

1998 GRAND TOTAL FEDERAL AND STATE VETERANS BENEFITS $8,363,715

 

Mr. Buchanan moved that the report be accepted and printed in the minutes. Seconded and carried.

 

Mr. Buchanan read the following:

 

BUDGET COMMITTEE REPORT

 

Upon receipt of information after the June County Board meeting concerning the potential development of a convention center/casino in Johnson Creek by the Lac du Flambeau, Chairman Wilson referred the matter to the Budget Committee for the purpose of gathering information and exploring and clarifying the terms of the proposal. Since that time, the Committee has held a public hearing, had several meetings, gathered numerous studies, the State/Tribal Compact, the agreement between the Potawatomi and City and County of Milwaukee, and Kenosha's proposed agreement with the Menominee which was made public on July 21.

 

Paragraph 9 of the Amendments to the Lac du Flambeau Compact with the State of Wisconsin provides that after delivery to the Governor of resolutions of support approved by the County and applicable local government entity, and a certified copy of approval from the Secretary of the Department of Interior, the State will negotiate with the Tribe regarding whether to approve Class III gaming at the proposed site, the terms and conditions under which the gaming may be conducted, the fee to be paid to the State and whether to grant an additional extension of the compact. The current compact runs until July 1, 2004. The Governor and the Secretary of the Interior have final authority on whether this project will proceed.

 

I. INFORMATION GATHERED.

 

Information previously supplied to the County Board include:

 

a. The Socioeconomic Impacts of a Native American Casino, U.W. Madison, December 1996.

 

b. Major Economic Impacts of the Oneida Nation, James M. Murray, PhD., 1995.

 

c. The Economic Impact of Native American Gaming in Wisconsin - Wisconsin Policy Research Institute Report.

 

d. State of Wisconsin Compact and Amendment with Lac du Flambeau Tribe.

 

e. Potawatomi Agreement with City and County of Milwaukee.

 

f. Chapter 7, National Gambling Impact Study Commission: Gambling's Impacts on People and Places.

 

g. Executive summary of Kenosha Agreement with Menominee Tribe.

 

h. Excerpt from National Opinion Research Center, University of Chicago, "Total Costs of Pathological Gambling".

 

i. Village of Johnson Creek Economic Development Corporation survey results.

 

j. Miscellaneous correspondence, news articles, memos and prior Committee reports.

 

In addition to the foregoing materials, public input has been received at a hearing held by the Committee on July 6, 1999 at the Fair Park which was attended by approximately 450 people. Four hundred twelve people registered their opinions for approval, against approval or as undecided. Forty-eight persons from the Village of Johnson Creek indicated they favored approval, while 16 persons from the Village were against approval. Fourteen residents from the surrounding Town of Farmington were in favor of approval, while 48 Town residents were against approval. Of the 286 persons who were not from the Village of Johnson Creek or Town of Farmington, 64 were for approval and 216 against. The Village of Johnson Creek held a public hearing with regard to the matter. The Village Economic Development Corporation surveyed its residents by sending 525 cards to property owners. Three hundred forty-five (66%) of the cards were returned. Two hundred fifty-nine were in favor of the development and 86 opposed it. The Board has heard public input at its meeting in July and each supervisor has undoubtedly received numerous phone calls for and against the proposal.

 

Additional options for determining public opinion include holding a referendum or commissioning a statistical sample survey. A referendum would cost between $20,000-$25,000 and take about two months to complete. While many people strongly favor the proposal, many also strongly oppose it. The opinion of a large portion of the County is unknown.

 

The Village of Johnson Creek Board has preliminarily approved the development, pending completion of a final agreement between the parties, which may be separate from the County agreement. The Committee has anticipated one comprehensive agreement including the Village, but it may present a proposed agreement between the Tribe and the County only, as the Village issues have not all been resolved as of this writing.

 

II. ADDITIONAL ISSUES.

 

a. Traffic. Traffic can be expected to increase. If, as proposed, the convention center would draw 1.7 million people per year, it would be an average of about 4,700 per day. A large number would be expected to attend in buses. Traffic generation may be as much as 2,000-3,000 vehicles per day. One would expect that to be distributed throughout the day rather than in a large group at one time such as would occur with a sporting event.

 

Most recent traffic counts (1997) available from the Department of Transportation in the 26/I94 area show average daily traffic of 11,800 cars on Highway 26 south of County Trunk Highway B; nine thousand one hundred cars on Highway 26 three miles north of I94; and approximately 13,000-15,000 cars per day in each direction on I94. If the traffic approached from all directions equally on Highway 26 and I94, it would add about 750 cars per day to each route each way if 3,000 vehicles were expected.

 

Highway 26 is to be reconstructed in the year 2001. The design is to handle traffic for a period of 20 years after reconstruction. The County Traffic Safety Coordinator is informed that the Mall has been considered in the new traffic design, as well as the potential for future development in the area, but not development specifically in the form of a casino/convention center.

 

b. Labor. The Lac du Flambeau propose hiring an estimated 500 full and part-time employees. The Oneida Casino/Convention Center in Green Bay has 1,900 employees. Department of Workforce Development figures for July, 1999 show a 2.4% unemployment rate in Jefferson County, which is 1,020 people. A workforce profile from the Jefferson County Economic Development Corporation shows that 11,000 Jefferson County residents commute out of county to work. About 7,600 people currently drive into Jefferson County to work. Over 3,000 people more each day commute out of Jefferson County than into Jefferson County for employment.

 

The availability of higher wages and jobs with benefits may induce residents currently commuting elsewhere to work closer to home. Concerns have been raised about competing with existing enterprises for employees. However, the Committee is satisfied that the market will determine where people work. The Committee is not opposed to any employer providing higher wages or jobs with health insurance to the residents of Jefferson County.

 

 

III. CRIME AND HUMAN SERVICES ISSUES.

 

Much has been said with regard to this issue. The reports previously supplied discuss the issue to some extent. The Sheriff has completed a survey of 11 other city police and county sheriff's departments in Wisconsin where casinos are located, which is included herewith detailing his findings.

 

The Human Services Director has inquired of the human services departments where the two largest Wisconsin casinos are located concerning identifiable impacts of the presence of a casino. Neither county human services department can identify any significant negative impact solely as a result of the presence of a casino.

 

IV. FINANCES.

 

Major expenses associated with this development directly impact the Village of Johnson Creek. The Committee feels the Village is best able to analyze those expenses and negotiate on its own behalf. The original proposal presented was for the payment of $1.5 million per year to the County for 10 years, and then $2,000,000 for the next 10 years, for a total of $35,000,000 over 20 years. The Committee, based on reported offers elsewhere and the Milwaukee agreement, proposed a minimum of at least $3,000,000 be paid to the County each year. The Committee discussed a number of different approaches based on the potential size of the casino operation over time, including a percentage of the "net-win". The Lac du Flambeau indicated it had no interest in a percentage arrangement. Following further discussion between the parties, the proposed agreement transmitted to the Board contains the Lac du Flambeau's last best offer of $2,000,000 per year, which would increase at the rate of 3 percent annually starting in Year 6 for a total of $48,000,000 over 20 years. Thereafter, the amount would be adjusted based on experience in Years 17 through 20.

 

The proposed agreement deals with decreases in revenue due to market pressure or other actions by the County, which would result in a reduction in the payment to the County. It does not, however, address increases in payments due to expansion until, potentially, Year 21.

 

Figures reported concerning payments offered in connection with this type of development elsewhere included $3,000,000 to Waukesha County, $1.3 million in Ozaukee County (both proposed Lac du Flambeau developments) and $1.9 million in the City of Beloit. The Milwaukee agreement previously provided calls for a floor payment of about $3.3 million to each the County and the City or 1.5 percent, whichever is greater. The Potawatomi Casino in Milwaukee is about half the size of the casino proposed in the Village of Johnson Creek. The Kenosha agreement with the Menominee calls for payments combined to all local governments including the city, county and Gateway Technical School totaling $8,000,000 in Year 1 and rising to $21,000,000 in Year 7. A portion of said payment is also allocated to the local school district. It is important to note that the Kenosha proposal compensates the local governments for removal of the Dairyland Greyhound Park from the tax rolls by placing it on trust land. Dairyland is currently the second largest property tax payer in Kenosha.

 

In contrast, generally no funds were transferred to local governments from tribes operating casinos on other than a voluntary basis before compact amendments in 1998. Sauk County and Brown County were receiving no payments for local services. Sauk County is now expected to receive $20,000 on an annual basis from the Ho Chunk Casino. The Committee is not currently aware of any agreement for payments to Brown County from the Oneida Nation, but is informed that the applicable compact calls for negotiation of some payment.

 

If the final assessed value of the taxable development located on non-trust land is $50,000,000, County property tax rates would decrease about $.06 per thousand. The entire taxable value of the Town of Cold Spring is about $47,000,000; Town of Milford about $58,000,000; and the Town of Waterloo $45,000,000. The Village of Johnson Creek, excluding TIF districts, has a taxable value of about $53,000,000. Assessment will determine the ultimate amount of value placed on the tax rolls, regardless of construction cost.

 

For the purpose of illustration only, assuming no additional County expense related to the development, the receipt of $2,000,000 per year would generate a tax levy reduction of about $.56 per thousand. As the property to be developed is currently in a TIF district in the Village of Johnson Creek, the real estate tax on the development itself would not be immediately available to the County. However, the TIF district debt would probably be repaid in a matter of two to three years. Thereafter, the County would receive its share of property tax levied on the development, generating a levy rate reduction of about $.62 per thousand in total or $62 per year on a $100,000 property. As stated above, that does not consider any cost increases which may result.

 

V. OTHER IMPORTANT AGREEMENT PROVISIONS.

 

a. In order to be enforceable, the Tribe must waive its sovereign immunity with regard to the issues covered in the agreement. The Tribe is willing to do so, and make the operation on the trust land subject to all Village, County, State and Federal law (excepting property tax and sales tax). The waiver of sovereign immunity is comparable to that contained in the State Compact and Milwaukee agreement.

 

b. The Tribe proposes to purchase 101 acres lying along the north side of I94, lying westerly of County Trunk Highway Y. Not more than 15 acres would be placed in trust. The balance of the land would not be subject to a request to place it in trust. The trust land will only contain the casino, office and parking. All other development on non-trust land would be taxable. Any additional land purchased by the Tribe would not be subject to a request to place it in trust. Therefore, all future development in the area would be subject to property tax.

 

VI. CONCLUSION.

 

The Committee, as previously reported, has compiled information regarding issues relevant to the County and raised by the public with regard to this proposed development. The information has been passed on to the Board. The Committee believes the Lac du Flambeau offer has been clarified to answer numerous questions raised during the process, such as enforceability, the Tribe's compliance with other laws on the trust property, what development would occur on non-trust property, etc. The Committee requested that the proposal reflect financial offers made elsewhere. The Lac du Flambeau's proposal was then increased by the sum of $13,000,000 over 20 years.

 

One resolution presented is in the form requested by the Tribe to support its application to the Governor and the Secretary of the Interior. A second resolution authorizing the Chair to execute the proposed agreement will also be presented. The Committee anticipates having a proposed agreement in hand signed by the Lac du Flambeau prior to the meeting on August 10. Such agreement will be made available as soon as it is received. In the event the document has not been completed in time to be mailed out with the agenda, the Committee will present the resolutions at a later meeting. The Board may adopt, reject, table or refer the resolutions back to the Committee for further study or action.

 

Respectfully submitted,

 

BUDGET COMMITTEE

Wendell A. Wilson, Chair

Ronald D. Buchanan

Susan L. Lidholm

James Hartwig

Raymond C. Kisow, Jr.

 

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

 

Mr. Buchanan read Resolution No. 99-38.

 

WHEREAS, the County of Jefferson is a Wisconsin municipal corporation organized under Wisconsin Statutes, Chapter 59, and

 

WHEREAS, the County wishes to enhance its economic infrastructure and expand opportunities for its citizens, and

 

WHEREAS, the Lac du Flambeau Band of Lake Superior Chippewa Indians is a federally-recognized Indian tribal government operating under the authority of its constitution, as amended, approved by the Secretary of the United States Department of the Interior under authority of Section 16 of the Indian Reorganization Act of 1934, 25 U.S.C. § 476 (1994), and

 

WHEREAS, pursuant to its 1992 Gaming Compact with the State of Wisconsin, as amended in 1999, the Tribe operates a successful gaming facility on its reservation in which it offers games classified as Class III under the Indian Gaming Regulatory Act, 25 U.S.C. § 2701, et seq. ("IGRA"), and

 

WHEREAS, paragraph 9 of the 1999 Amendments to the Tribe's Compact with the State of Wisconsin provides that the State shall negotiate in good faith with the Tribe to amend the 1992 Compact to permit Class III gaming at a new site, upon delivery to the Governor of Wisconsin of a resolution of support approved by the County and Village where such gaming is to be conducted, and

 

WHEREAS, Section 20 of the Indian Gaming Regulatory Act provides that, as a prerequisite to taking land into trust for gaming purposes, the Secretary of the Interior must determine, after consultation with local officials, that such gaming would not be detrimental to the surrounding community,

 

NOW, THEREFORE, BE IT RESOLVED that the County of Jefferson supports the construction and operation of a Class III gaming facility by the Tribe within the Village of Johnson Creek and County of Jefferson and requests that the Governor of Wisconsin and the Secretary of the Interior grant all required approvals.

 

BE IT FURTHER RESOLVED that this resolution of support is subject to the following preconditions being first met:

 

1. Approval and execution of the intergovernmental agreement by the parties, the Chair hereby being authorized to execute.

 

2. Approval of the agreement by the Secretary of the Interior and the National Indian Gaming Commission (if necessary).

 

3. No revision of the agreement required by any reviewing and approving official or agency of the Federal or State governments.

 

4. The absence of an opinion by the Secretary of the Interior or National Indian Gaming Commission as to unenforceability of any provision of the agreement.

 

Mr. Buchanan moved that Resolution No. 99-38 be adopted. Seconded and lost by the following roll call:

 

Ayes: Lidholm, Buchanan, Schwoch, Fiske. Total 4.

 

Noes: Schreiber, Klein, Holterman, Smith, Wilson, Jaeger, Kramer, Zimdars, Hartwig, Hoeft, Curtin, Nass, Kisow, Schroedl, Foskett, Thomsen, Groskopf, Turner, Weiss, Piper, Lehmann, Keating, Borland, Rupnow, Maasz. Total 25.

 

Absent: Potter. Total 1.

 

The Board took a five-minute recess to allow the crowd to clear the room.

 

The Board reconvened.

 

Mrs. Smith read Resolution No. 99-39.

 

RESOLVED that in line with County policy regarding expenses at meetings outside the State of Wisconsin, the mileage and necessary expenses of Francis Anderson, Louise Keating and Michael Gernetzke to attend the American Association of Homes and Services for the Aging at Chicago, Illinois from October 25 through October 28, 1999 be allowed but not to exceed $1500.00 collectively. (Fiscal Note: Money to come from Countryside Home Account No. 600.3665531312.)

 

Mrs. Smith moved that Resolution No. 99-39 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, Lehmann, Borland, Rupnow, Fiske, Maasz. Total 28.

 

Noes: 0.

 

Abstained: Keating. Total 1.

 

Absent: Potter. Total 1.

 

Mr. Maasz read Resolution No. 99-40.

 

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 on various equipment, and

 

WHEREAS, bids were solicited for two (2) new 2000 Model, 4x4 extended cab pickup trucks, and such bids were received and opened on July 28, 1999, with the following results:

 

Company Make & Model Net Bid w/o Trade New Bid w/Trade

 

Smith Motors, Inc. Chevrolet $48,200 $44,900

Fort Atkinson, WI Silverado

 

Kayser Chrysler Dodge Ram 1500 (5.2L) $48,268 $44,268

Watertown, WI Dodge Ram 1500 (5.9L) $49,238 $45,238

 

Havill-Spoerl Ford F150 $49,000 $45,000

Fort Atkinson, WI

 

Havill Spoerl Dodge Ram 1500

Jefferson, WI (short box) $49,270* $45,770*

Dodge Ram 1500

(regular box) $50,436 $46,936

 

Holz GMC Sierra $51,974 NO BID

Watertown

 

*Does not meet minimum specifications.

 

NOW, THEREFORE, BE IT RESOLVED that the Jefferson County Highway Department be authorized to purchase two (2) new, 2000 Dodge Ram 1500 pickup trucks from Kayser Chrysler Center of Watertown, WI, for the net bid price without trade of $48,268. (The money to come from the Highway Equipment Operations Cost Center 53241.)

 

Mr. Maasz moved that Resolution No. 99-40 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, Foskett, Thomsen, Groskopf, Turner, Weiss, Piper, Lehmann, Keating, Borland, Rupnow, Fiske, Maasz. Total 27.

 

Noes: Schroedl. Total 1.

 

Absent: Schwoch, Potter. Total 2.

 

Mr. Maasz read Resolution No. 99-41.

 

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 on State funded reconstruction projects, and

 

WHEREAS, bids were solicited to pulverize, relay and foamed asphalt injection on County Trunk Highway "Y", partially funded under the Local Road Improvement Program, as a County Highway Improvement Project (LRIP - CHIP), and

 

WHEREAS, such bids were received and opened on August 4, 1999, with the following results:

TOTAL CONTRACT

COMPANY BID AMOUNT

 

W.K. Construction Co., Inc., Middleton, WI $113,643.00

 

Payne & Dolan, Inc., Waukesha, WI $118,994.80

 

NOW, THEREFORE, BE IT RESOLVED that the Jefferson County Highway Department be authorized to contract with W.K. Construction Co., Inc., Middleton, WI, for the contract bid amount of $113,643.00 for contracted services associated with the project. (The money to come from the Highway Funded Programs Account 53315 and the C.T.H.S. Construction Account 53312.)

 

Mr. Maasz moved that Resolution No. 99-41 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, Lehmann, Keating, Borland, Rupnow, Fiske, Maasz. Total 29.

 

Noes: 0.

 

Absent: Potter. Total 1.

 

Mr. Buchanan read Resolution No. 99-42.

 

WHEREAS, the current location of the Waterloo Nutrition Site at the high school is not appropriate or comfortable for senior citizens, and

 

WHEREAS, the Nutrition Site will be moving to the Waterloo Fire Department during the month of September, 1999 that offers a much preferred location for the senior public with better space and a sense of privacy, and

 

WHEREAS, the Personnel Committee has been requested by the Human Services Board to provide a Nutrition Site Manager position at Waterloo (Grade 4, $10.60 per hour, three (3) hours per day), and

 

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

 

NOW, THEREFORE, BE IT RESOLVED that the 1999 Budget setting forth the position allocations for the Human Services Department be and is hereby amended to allocate one Site Manager position for the Waterloo Nutrition Site, to become effective upon passage of this resolution.

 

Mr. Buchanan moved that Resolution No. 99-42 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, Lehmann, Keating, Borland, Rupnow, Fiske, Maasz. Total 29.

 

Noes: 0.

 

Absent: Potter. Total 1.

 

Mr. Holterman read Resolution No. 99-43.

 

RESOLVED that in line with County policy regarding expenses at meetings outside the State of Wisconsin, the mileage and necessary expenses of Ken Bolton and Matt Hanson to attend the National Association of County Agricultural Agents annual meeting at Omaha, Nebraska from September 12-16, 1999 be allowed, but not to exceed $500.00 each. (Fiscal Note: Money to come from University Extension Account No. 6801.512147.)

 

Mr. Holterman moved that Resolution No. 99-43 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, Lehmann, Keating, Borland, Rupnow, Fiske, Maasz. Total 29.

 

Noes: 0.

 

Absent: Potter. Total 1.

 

Mrs. Groskopf read Report No. 5 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 July 15, 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 2089A-99, 2090A-99,

2091A-99, AND 1197A-90-99M

 

DENIAL OF PETITION 2093A-99

 

Amendment 2093A-99 was filed by Troy Schneider to create a 6.1 acre rural residential building site on Harvey Road. This is recommended for denial due to the Town of Aztalan's veto of the proposal.

 

Dated this Twenty-sixth Day of July, 1999

Kathleen Groskopf, Secretary

 

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

 

Mrs. Groskopf read Ordinance No. 99-11.

 

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

 

WHEREAS, Petitions 2089A, 2090A-99, 2091A-99, and 1197A-90-99M had been referred to the Jefferson County Planning and Zoning Committee for public hearing on July 15, 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-3, RURAL RESIDENTIAL

 

Create a two acre building site from part of Parcel 05-14-07-22 (27.909 Acres) along North Shore Road in the Town of Koshkonong. This approval is conditioned upon receipt by the Zoning Department of a soil test showing sites for installation of both initial and replacement private sewage systems and upon approval and recording of a final certified survey map for the lot. (2089A-99 -Howard Buckman)

 

Rezone 13.3 acres on Gruennert Road in the Town of Jefferson for a new residential building site. This proposed lot is part of Parcel 06-15-03-41 (39.1 Acres), and is recommended for approval due to its proximity to the existing Community zone and the fact that wetland soil types make up at least half of this lot. Conditions of approval call for receipt by Zoning of a soil test showing sites for installation of both initial and replacement private sewage systems, and upon approval and recording of a final certified survey map. (2090A-99 - Ron Dettmers)

 

Create a 5.5 acre lot around the home and farm buildings at N2952 USH 12 in the Town of Jefferson. The site is part of Parcel 06-14-30-44 (25.110 Acres). Rezoning is conditioned upon approval and recording of a final certified survey map for the property. (2091A-99 - H & D Partnership/Deke Dullere)

 

MODIFICATION OF EXISTING A-3 ZONE

 

Modify the existing A-3 zone to allow creation of a new 3.6 acre rural residential building site along Doepke Road. The property is part of Parcel 08-13-03-31-001 (10.810 Acres) in the Town of Waterloo. This action is conditioned upon receipt by Zoning of a soil test showing sites for installation of both initial and replacement private sewage systems, and upon approval and recording of a final certified survey map for the property. (1197A-90-99M - Marjorie Ihssen)

 

Mrs. Groskopf moved that Ordinance No. 99-11 be adopted. Seconded and carried by the following roll call:

 

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

 

Noes: Smith, Schwoch, Hoeft, Nass, Foskett, Rupnow, Fiske. Total 7.

 

Absent: Potter. Total 1.

 

Mrs. Groskopf read Ordinance No. 99-12.

 

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

 

WHEREAS, Petition 2093A-99 was referred to the Jefferson County Planning and Zoning Committee for public hearing on July 15, 1999, and

 

WHEREAS, the proposed amendment has 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 deny Petition 2093A-99 and that no change shall be allowed:

 

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

 

Create a 6.1 acre rural residential building site on Harvey Road in the Town of Aztalan. The site is part of Parcel 07-14-30-41 (50 Acres) and is owned by Deans Eggs, Inc. (2093A-99 - Troy Schneider)

 

Mrs. Groskopf moved that Ordinance No. 99-12 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, Lehmann, Keating, Borland, Maasz. Total 26.

 

Noes: Schwoch, Rupnow, Fiske. Total 3.

 

Absent: Potter. Total 1.

 

Mrs. Groskopf presented the following report:

 

JEFFERSON COUNTY AGRICULTURAL

PRESERVATION AND LAND USE PLAN:

PLAN RECONCILIATION PROCESS RECOMMENDATIONS

 

OVERVIEW AND BACKGROUND

 

This report summarizes the key policy recommendations of the Jefferson County Planning and Zoning Committee for a revised County Agricultural Preservation and Land Use Plan. These recommendations are the result of an extensive "Plan Reconciliation Process" led by the Planning and Zoning Committee with heavy involvement by several key advisor groups. The groups, which formally worked with the Committee, included:

 

• Jefferson County Board of Supervisors

• Jefferson County Towns Association (a unit of the Wisconsin Towns Association)

• Jefferson County Farm Bureau

• Jefferson County Environmental Network

• Jefferson County Economic Development Corporation

• Jefferson County Board of Realtors

 

The Jefferson County Zoning Department staff, University of Wisconsin-Extension, Jefferson County Land Information staff, and the Corporation Counsel provided support to the Committee.

 

The initial County land use planning effort began in 1996, and was guided by a 20-person steering committee and planning consultant. This two-year process involved numerous public workshops, meetings with local officials, public survey, visioning, and a variety of other approaches. Public information meetings were held near the conclusion of the steering committee's work. The process then moved to the policy responsibility of the County Planning and Zoning Committee which held a public hearing on the steering committee's recommendations in May 1998. The Committee and the County Board considered each element of the plan along with public commentary at four County Board meetings in the latter part of 1998. This led to an October vote which sent the plan back to the Planning and Zoning Committee for further refinement.

 

PLAN RECONCILIATION PROCESS

 

The Planning and Zoning Committee initiated the "Plan Reconciliation Process" in December 1998. The Committee formatted the process around the following key premises:

 

1. The Committee and its advisors focused on the agricultural preservation section of the plan which was the most controversial part of the planning effort, and

 

2. Each advisor group selected representatives from their group to work closely with the Committee in identifying what they either liked or disliked about plan recommendations previously considered. The groups were invited to suggest policies which they believed should be incorporated into the new plan.

 

Workshops between the County Planning and Zoning Committee and the Farm Bureau, Jefferson County Board of Realtors, Jefferson Economic Development Corporation, and the Jefferson County Environmental Network were held from February through June 1999. Each County Board Supervisor was also invited to provide observations and policy considerations to the Committee at a Plan Reconciliation meeting on March 12, 1999. Several Supervisors provided comments to the Committee. Each meeting of the Plan Reconciliation Process was open to the public.

 

A subcommittee of the Jefferson County Towns Association presented a report containing specific plan policy recommendations at a June 7, 1999 workshop. Subsequently, a joint County/Town Option for plan consideration in agricultural preservation areas was developed at a July 7, 1999 Plan Reconciliation Meeting between the County Planning and Zoning Committee and representatives of the Jefferson County Towns Association.

 

RESULTS OF THE PROCESS

 

The Jefferson County Planning and Zoning Committee, through the Plan Reconciliation Process involving a partnership with groups actively involved in this long planning process, is recommending a detailed set of plan recommendations in Agricultural Preservation areas. This County/Town Option, summarized on the following table, is in response to the policy guidance received from the Farm Bureau, Board of Realtors, County Economic Development Corporation, and Environmental Network. The County/Town Option is structured around the proposal developed by the Jefferson County Towns Association.

 

The individual Town Supervisors from throughout Jefferson County demonstrated support for this County/Town Option at the July 19th meeting of the Jefferson County Towns Association in which the recommendation was overwhelmingly supported (with 14 of the 16 Towns represented). The Committee has also received favorable reaction about the County/Town Option from the various other advisory groups and informal citizen input.

 

The following table and outline of key features of the County/Town Option highlight the proposed Agricultural Preservation recommendations with reference to the existing 1978 Plan/Ordinances. Also included is a summary of remaining plan elements to be addressed in the Jefferson County Agricultural Preservation and Land Use Plan. Throughout the Plan Reconciliation Process the Planning and Zoning Committee focused on the Agricultural Preservation element. However, the Committee has considered the other elements of the land use plan and is essentially recommending the Environmental Corridor and Urban Service Area elements as presented last October. The Rural Hamlet element has been revised as a result of public input and suggestions by the Jefferson County Towns Association.

 

PLAN APPROVAL AND IMPLEMENTATION

 

If the County Board of Supervisors approves the Plan Reconciliation Process recommendations, then the County Planning and Zoning Committee would authorize staff to prepare the final Jefferson County Agricultural Preservation and Land Use Plan for consideration by the County Board of Supervisors. If approved, ordinance amendments implementing plan recommendations would be developed and scheduled for a Public Hearing. County Board Supervisor approval would follow.

 

 

PLAN CONSIDERATIONS IN AG PRESERVATION AREAS:

 

Policies for Small & Large Lot divisions

 

P = Prime Land (if nonprime not available)

 

NP = Nonprime Land

 

Small Lot Proposals for New Homes / 1 & 2 acre lot size (A-3 zone)

 

Parent 1978 Plan/Ordinances County/Town Option

Parcel Size (number of lots possible) (number of lots possible)

 

50 acres or greater 3 NP 3 NP / or 2 P

 

Less than 50 acres 3 NP 3 NP / or 1 P

 

Large Lot Proposals for New Homes (A-1 zone)

 

Parent 1978 Plan/Ordinances County/Town Option

Parcel Size (number of lots possible) (number of lots possible)

 

1 per NONE

35 acres

 

- - - - - - - - - - - - - - - - - - - - - -

 

AG PRESERVATION KEY FEATURES

COUNTY/TOWN OPTION

 

• No new dwellings in the A-1 (exclusive agriculture) zoning district, except for replacement of existing dwellings.

 

• All new homes would require rezoning out of the A-1 zoning district to A-3 (rural residential).

 

• Retain the 3 lot maximum in the rural residential zone for nonprime agricultural land areas, or a prime ag land option for 1 to 2 lots dependent on whether the parent parcel is less than 50 acres or 50 acres or greater. Clustering recommended for all proposed lots.

 

• For the purpose of determining the number of small lots, the parent parcel is all contiguous A-1 zoned property under the same ownership.

 

• Rural residential lot size would be limited to 2 acres per lot with possible lot combinations for a larger lot on nonprime lands (substitute one 6 acre lot for three 2 acre lots).

 

• A prime ag land lot would be considered by committee if they determine that no available nonprime lands exist, or that a prime ag location provides better protection of land resources.

 

• Definition of prime ag land the same as 1978 plan.

 

• Rural residential zoned lots could not be redivided.

 

• Provide for residential infill in those areas of higher residential densities if described in a town master plan and approved by the Jefferson County Zoning Committee.

 

SUMMARY OF REMAINING PLAN ELEMENTS

 

Environmental Corridors

 

Retain the concept of providing additional protections in specific environmentally sensitive areas. Those areas would be flood plains, wetlands, upland woods of greater than 10 acres, and slopes that exceed 20%. The principle focus is to prevent disturbances of high sloped areas by development and reduce the impacts of development in designated upland woods.

 

Rural Hamlet

 

Retain the concept of possible increased development within designated rural hamlet areas only if a town plan with associated policies is developed and approved describing details and impacts associated with the development. Also consider areas of possible residential infill for existing higher density residential locations. An approved town plan must designate these locations with details regarding the extent and impacts of this type of development. The county must determine that further residential development in such locations is appropriate in light of other locations that may better provide services to this type of development, such as urban service areas and rural hamlets.

 

 

 

Urban Service Areas

 

Retain the designated urban service areas around existing municipalities, sanitary districts, and lake districts where public sanitary sewer service is either currently available or planned at some point in the future. The purpose of these areas is to encourage the location of new development that can be served by public services and developed at higher densities. Boundary agreements are encouraged between municipalities and towns where appropriate.

 

Mrs. Groskopf moved that this report be accepted. Seconded and carried.

 

Mrs. Groskopf read Resolution No. 99-44.

 

WHEREAS, the Jefferson County Board of Supervisors considered the 1998 Jefferson County Land Use Plan in October, 1998, and

 

WHEREAS, the Jefferson County Planning and Zoning Committee initiated a "Plan Reconciliation Process" in December, 1998, and

 

WHEREAS, this process focused on the Agricultural Preservation area and closely involved the Jefferson County Towns Association, Jefferson County Farm Bureau, Jefferson County Environmental Network, the Jefferson County Economic Development Corporation and the Jefferson County Board of Realtors, and

 

WHEREAS, a subcommittee of the Jefferson County Towns Association presented a report to the Planning and Zoning Committee on June 7, 1999 which contained specific plan policy recommendations, and

 

WHEREAS, a joint County/Town Option for plan consideration in Agricultural Preservation areas was developed at a July 7, 1999 Plan Reconciliation meeting, and

 

WHEREAS, the Jefferson County Towns Association demonstrated overwhelming support for this County/Town Option at its July 19, 1999 meeting, and

 

WHEREAS, the Planning and Zoning Committee has also incorporated recommendations to the County Board on environmental corridors, rural hamlet, and urban service area elements,

 

NOW, THEREFORE, BE IT RESOLVED that the Jefferson County Board of Supervisors hereby approves the Plan Reconciliation Process recommendations.

 

BE IT FURTHER RESOLVED that the Jefferson County Board of Supervisors direct the Planning and Zoning Committee and staff to incorporate these recommendations into a final Jefferson County Agricultural Preservation and Land Use Plan for County Board consideration.

 

Mrs. Groskopf moved that Resolution No. 99-44 be adopted. Seconded.

 

Chairman Wilson asked that Mr. Richard Gimler, Chairman of the Jefferson County Towns Association, address the Board regarding this resolution.

 

There being no objection, Mr. Gimler spoke briefly in support of the Plan Reconciliation Process.

 

Chairman Wilson invited Suzanne Marx of the National Farmers Organization to speak on the issue, as she had registered to do so in the public comment portion of the meeting and had not gotten a chance to speak.

 

There being no objection, Ms. Marx spoke, informing the Board that the NFO supported the Plan Reconciliation Process.

 

Resolution No. 99-44 carried by the following roll call:

 

Ayes: Schreiber, Holterman, Smith, Buchanan, Schwoch, Wilson, Jaeger, Kramer, Zimdars, Hartwig, Hoeft, Curtin, Nass, Kisow, Schroedl, Foskett, Thomsen, Groskopf, Turner, Weiss, Piper, Lehmann, Keating, Borland, Rupnow, Fiske, Maasz. Total 27.

 

Noes: Klein. Total 1.

 

Absent: Lidholm, Potter. Total 2.

 

Mr. Lehmann moved to suspend the Board Rules, allowing Supervisor Nass to present a resolution that had not been endorsed by a committee of the Board. Said motion carried by the following roll call:

 

Ayes: Schreiber, Klein, Holterman, Jaeger, Kramer, Zimdars, Hartwig, Hoeft, Nass, Kisow, Schroedl, Foskett, Thomsen, Groskopf, Turner, Weiss, Piper, Lehmann, Keating, Borland, Rupnow, Maasz. Total 22.

 

Noes: Smith, Buchanan, Schwoch, Wilson, Curtin, Fiske. Total 6.

 

Absent: Lidholm, Potter. Total 2.

 

Mr. Nass read Resolution No. 99-45.

 

WHEREAS, the Jefferson County Board is evaluating information and negotiating a potential development agreement for a convention center/casino to be operated by the Lac du Flambeau Band of Lake Superior Chippewa Indian Tribe in the Village of Johnson Creek, and

 

WHEREAS, the April 6, 1993 statewide referendum on the expansion of gambling showed that Jefferson County voters overwhelmingly rejected an expansion of gambling in each of six separate questions, and

 

WHEREAS, of the 258 citizens registering at the June 30, 1999 Johnson Creek public hearing on the proposed casino, 100 registered against the proposal while 92 were for, and 66 were undecided, and

 

WHEREAS, of the 309 people who registered at the Jefferson County Budget Committee's July 6, 1999 public hearing, 213 registered opposition to the casino, and

 

WHEREAS, over 2,000 Jefferson County residents have signed petitions, which have been registered with the County Clerk, opposing the creation of any casino gambling establishment in the county, and

 

WHEREAS, the Wisconsin Restaurant Association, the Wisconsin Tavern League, more than 40 churches of all denominations serving Jefferson County residents, Jefferson County Environmental Network, and the Jefferson County Republican Party have all publicly opposed a casino in Jefferson County, and

 

WHEREAS, Jefferson County District Attorney Wambach, State Representatives David Ward, Steve Nass and Steve Foti, and State Senators Scott Fitzgerald and Joanne Huelsman have publicly opposed the casino proposal,

 

NOW, THEREFORE, BE IT RESOLVED the Jefferson County Board, given this widespread and overwhelming community opposition to casino gambling that Johnson Creek - or any city, village, town, waterway or lake in the county - is not an appropriate location for casino gambling, rejects the expansion or creation of casino gambling in this county, including the proposed plan by the Lac du Flambeau Band of Lake Superior Chippewa Indian Tribe planned for the Village of Johnson Creek.

 

Mr. Foskett moved that Resolution No. 99-45 be adopted. Seconded and carried by the following roll call:

 

Ayes: Schreiber, Klein, Holterman, Jaeger, Kramer, Zimdars, Hartwig, Hoeft, Nass, Kisow, Schroedl, Foskett, Thomsen, Groskopf, Turner, Weiss, Piper, Lehmann, Keating, Borland, Rupnow, Maasz. Total 22.

 

Noes: Smith, Lidholm, Buchanan, Schwoch, Wilson, Curtin, Fiske. Total 7.

 

Absent: Potter. Total 1.

 

There being no further business, Mr. Buchanan moved that the Board adjourn. Seconded and carried at 10:32 a.m.