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 Mrs. Groskopf and 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

SEPTEMBER 1, 1999

Available Cash on Hand

August 1, 1999 $ 4,594,961.88

August Receipts 19,402,710.81

Total Cash $23,997,672.69

Disbursements

General - August 1999 $23,063,844.68

Payroll - August 1999 1,051,746.36

Total Disbursements 24,115,591.04

Total Available Cash $ (117,918.35)

Cash on Hand (in banks) September 1, 1999 $ 218,986.08

Less Outstanding Checks 336,904.43

Total Available Cash $ (117,918.35)

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

Local Govt. Invest. Pool - General Funds $15,591,962.77

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

1999 Interest 7,299.60

$ 235,493.59

Institutional Capital Management $ 5,471,947.23

$21,304,403.59

1999 Interest - Super N.O.W. Acct. $ 25,312.00

1999 Interest - L.G.I.P. - General Funds 639,029.45

1999 Interest - BankOne 59,009.13

1999 Interest - ICM 41,521.64

Total 1999 Interest $ 764,872.22

JOHN E. JENSEN

JEFFERSON COUNTY TREASURER

Mrs. Turner moved that the minutes of the August 10, 1999 meeting be approved as corrected. Seconded and carried.

County Clerk Barbara A. Frank read a notice received from Sheriff Quamme regarding the sale of seized, found and abandoned items at the Sheriff's Department garage on Saturday, October 2, 1999 at 8:00 a.m.

The notice 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 September 16, 1999.

The notice was ordered received and placed on file.

No one was registered for public comment.

As a Special Order of Business Ms. Theresa Galewski, Vice-President of the Jefferson County Human Resource Managers Association, presented a plaque recognizing the people who worked to make the Workforce Development Center a reality. The plaque will be placed in the new building for which a grand opening was being held on this day, September 21, 1999.

The regular order of business was resumed.

Elaine Richmond, Director of the Child Support Agency, gave the annual report for her office.

Dear Mr. Wilson,

Members of the Jefferson County Board

Mr. Hausen

Other Interested Parties:

Thank you for this opportunity to present to you the 1998 annual report of the Jefferson County Child Support Enforcement Agency.

1998 was a year of transition and expansion. Our physical space was enlarged to accommodate the arrival of the bookkeeping staff from the Clerk of Courts Office and to provide some sorely needed reception area for the large number of customers who come to our offices each day.

The remodeling was completed in August and the receipt and disbursement of child and spousal maintenance began to flow through the new computers and printers in Room 219. We were hardly settled when we began to prepare to be one of the first counties to transition from a local receipt and disbursement function to a statewide operation performed by Lockheed beginning January, 1999.

Staff members participated in many state committees throughout 1998 to help identify and facilitate changes that continued to improve the functioning of the KIDS program. Our agency and Director were honored at the 1998 Fall Conference of the Wisconsin Child Support Enforcement Conference with awards of "County of the Year" and "Member of the Year" respectively.

We are proud of our accomplishments in Child Support Enforcement in our county and our state. Each member of our staff is dedicated and loyal to the task of promoting the best interest of children. We deeply appreciate the continued support of the County Board of Supervisors, Mr. Wilson and Mr. Hausen for our program.

Sincerely,

Elaine E. Richmond

PROGRAM REPORT

In January a new tool for locating parents who owe child support and their wage was made available to local child support agencies when New Hire Reporting was implemented in Wisconsin. This program was implemented in stages through automation in KIDS. Employers filed more than 287,000 New Hire reports in Wisconsin during the first quarter of 1998. Each state reports its data to the Federal Parent Locator Service for matching against requests for locate information sent in by the states. This program has significantly decreased the possibility that a payer can skip across state lines to work without reporting employment or paying child support.

On April 27, 1998, Governor Tommy G. Thompson signed Wisconsin Act 191 which conformed to the federal Personality and Work Opportunity Reconciliation Act of 1996 (PRWORA). This act provides for many additional new tools for the collection of child support, such as establishing a lien docket. Child support arrears constitute a lien against a payer's personal or real property. It can be satisfied only by full payment of the amount owed, and must be paid off when the property is sold. Once this child support lien docket is available it will also be reported to credit bureaus. Employers are required to report the payer's gross income when sending in child support payments to ensure that the right amount has been withheld from gross income. Other measures to be implemented include administrative license suspension and financial data institution data matching. Although we do not have these tools for enforcement at our fingertips just yet, we continue to move forward in our performance.

Of the 4165 case receipts and disbursements flowing through the fiscal section of our agency in 1998, about three-fourths were for applicants for the establishment and enforcement services of the agency. We collected a total of $12,185,958.36 in child support in calendar year 1998. Of this amount $8,593,886.04 was applied to IV-D cases and became a consideration in looking at program performance.

With the passage of PRWORA, a new incentive formula, based on program performance, replaced the old formula. The Child Support Performance and Incentive Act of 1998 (CSPIA) became law in July 1998 and provided for incentives to be calculated based on certain performance measures. Under the new incentive structure, states compete with other states for a share of an incentive payment pool. In turn, the state develops measures for judging the performance of individual counties based on the factors set forth by CSPIA. Those factors include paternity establishment, support order establishment, current support collection, arrearage collection, and cost effectiveness. One additional factor will be added: the establishment of health insurance orders.

In preparation for awarding incentives based on performance, a three-month comparison was compiled for the 72 counties in Wisconsin. It was determined that Wisconsin would begin to implement the performance based in 1999 and start by measuring only two of the factors listed. Jefferson was found to qualify for 100% of available funding for percentage of cases with collections, and paternity establishment percentage, the two factors being measured. While that should be reassuring, it is still the case that in order for the state to get all of the available incentives, the statewide averages must increase from where they are now.

The only significant change in agency services offered this year was the receipt of foster care cases. They are more difficult to manage because of more frequent changes in placement. However, we have been fairly successful in establishing parental obligations for reimbursement of out of home placements and expect to continue to improve our rate of collections.

The child support program had another fiscally positive year in 1998. Our bottom line was $91,184 revenue over expenditure. We expect to continue in the same way and be an important factor in the well-being of children in Jefferson County.

Mr. Buchanan moved that the report be accepted, placed on file, and portions printed in the minutes. Seconded and carried.

Joseph Nehmer, Director of the Emergency Management/Parks Department, presented the annual report for that department.

Our office continues to meet our Plan of Work Agreement with both the state and federal government. The agreement includes the areas of plan development and operations, training, exercising, public education/emergency information, program administration, and local program initiatives.

We continue to work with both the planning and public information requirements of the Federal Emergency Planning and Community Right to Know Act. This legislation brings together government at all levels, business and community leaders, environmental and other public interest organizations, and individual citizens to help prepare for hazardous materials emergencies and manage chemical risks. We deal with 142 reporting facilities and 137 planning facilities.

The initial phase of the Blackhawk Island Flood Mitigation Program has been completed. Jefferson County acquired 30 separate properties. The Jefferson County Highway Department has been charged with the demolition of these properties. Approximately 1.7 million dollars in grant money was utilized to complete the acquisitions. We have received approval for a total of $22,660.00 in grant dollars to create a Flood Mitigation Plan. Completion of this plan will make us eligible for additional mitigation dollars which could be used in all flood prone areas of Jefferson County.

Controversy surrounding the issue of repairing versus removing the Indianford Dam continues. Rock County has agreed to make $110,000.00 worth of repairs to the dam in 1999. The Rock County Board of Supervisors voted to establish Wisconsin's largest Lake District - the Rock-Koshkonong Lake District, on June 10, 1999. The University of Wisconsin-Extension continues to work on an economic impact report to help determine the feasibility of repairing or removing the dam. The DNR is determining if a fish ladder will be required to allow fish to get up over the dam. The issue of generating electricity is also being studied. What role Jefferson County will play is still uncertain.

The Jefferson County Board of Supervisors approved authorization to enter into an option agreement with David Korth to purchase his farm on the shores of Rock Lake. The sale price of the property is $1,185,000.00. Mr. Korth will retain a 2.5-acre parcel, leaving the County with approximately 90 acres and all of the lake frontage. We have also been working on a proposal to purchase a 60-acre parcel on the west shore of Rose Lake with 1/2 mile of lake frontage. Rose Lake is 172 acres in size and is located approximately 1.5 miles northwest of the City of Fort Atkinson. Mrs. Marie Ward owns the land. These are beginning steps to address the findings in the Comprehensive Outdoor Recreation Plan that Jefferson County lacks sufficient county park acreage.

We have been planning the development and construction of the abandoned railroad corridor to extend our popular Glacial River Trail from Koshkonong Lake Road to the Rock County line. We anticipate grant funding from the Wisconsin Department of Natural Resources to help us complete this trail extension. The Tour de Fort Bicycle Club has agreed to once again be a financial partner.

The Jefferson County Sheriff's Department continues to be very helpful in addressing illegal activity in our county parks. Their increased presence has already resulted in positive changes at several of our county parks.

Jefferson County snowmobile trails have increased by 22.4 miles. We now maintain 156.0 miles of snowmobile trails. Grant funding for trail maintenance for the 1999-2000 year totals $39,000.00.

Working in cooperation with the Jefferson County Highway Department, we have received grant funding for a shoulder paving project on CTH E from Oak Hill Road to Northey Road. Another project for countywide bicycle signing has been approved as part of an Enhancement Program. Both of these grants are through the Transportation Equity Act for the 21st century (TEA-21).

A new shelter was recently added to Rock River Park in Johnson Creek. Further improvements are planned for this beautiful area.

We are currently working with the Town of Concord on future plans for Dahnert County Park. Placement of an historical log cabin structure at this park is anticipated in the near future. The Concord Youth Baseball Association, Concord Adult Volleyball League, and the Rome/Sullivan Historical Society are assisting in our planning efforts.

We hired a new Parks Supervisor in 1999. Steve Hoeft came over from the Highway Department. Roger Kylmanen accepted the position of the Fair Parks Supervisor. The Jefferson County Parks Department has been experiencing growing pains associated with additional park space, increased bike and snowmobile trails, and the overall demand on County Parks. We welcome the opportunities and anticipate the County's support in allowing us to maintain these areas for all to enjoy.

We continue to coordinate the activities of the Jefferson County Safety Commission. Professional assistance and cooperation from the Jefferson County Highway Department, Jefferson County Sheriff's Department, Wisconsin Department of Transportation, and the Wisconsin State Patrol are greatly appreciated.

Mr. Kisow moved that the report be accepted, placed on file and printed in the minutes. Seconded and carried.

Mark Watkins, Head of the Jefferson County Land Conservation Department, presented the annual report for that department for 1998.

ROCK LAKE PROJECT IN IMPLEMENTATION PHASE

We are now in the implementation phase of the Rock Lake Project. Typically, during implementation the Land & Water Conservation Department will offer 50% to 70% cost sharing on Best Management Practices (BMPs) from a DNR state grant. Critical sites are the first areas receiving priority treatment. We will be targeting sensitive areas with respect to pollution and erosion as defined in the plan.

During 1998 we signed cost share agreements with those landowners in the watershed that would benefit from conservation practices on their farms.

The overall outcome of the program is to maintain and improve the water quality of Rock Lake and its surrounding watershed.

LAND CONSERVATION COMMITTEE ASSUMES RESPONSIBILITY FOR COUNTRYSIDE FARM

In 1998 the Land Conservation Committee took over administrative and maintenance duties of the Countryside Home Farm. The farm encompasses approximately 600 acres, and the land is rented out to local farmers. The Land & Water Conservation Department is handling the conservation and planning responsibilities associated with the farm. After the transfer of duties from the now defunct Farm Committee to the LCC, several high priority maintenance events have been completed: 3000 feet of additional tile was installed to handle drainage concerns, a new culvert, access road resurfacing and a driveway access from Highway W have been completed. There are also two upcoming well abandonment projects to be completed in 1999.

1998 DEPARTMENT HIGHLIGHTS

1. Administered to 1082 Farmland Preservation Participants, 55% cropland enrolled.

 

2. Completed 170 certification spot-checks covering 10,000 acres.

 

3. Assisted 18 landowners wishing to enter the Farmland Preservation Program.

 

4. Emphasized the soil erosion control aspects of the Farmland Preservation Program by helping participants develop and follow soil erosion control plans.

 

5. Continue publication of "Conservation Counts" the LWCD newsletter.

 

6. Conducted the annual tree seedling sale for county landowners, resulting in the planting of over 28,000 new tree seedlings.

 

7. Continued participation in the Wildlife Damage Abatement Program.

 

8. Sponsored the Environmental Poster Contest for all county schools.

 

9. Sponsored the Environmental Speaking Contest for all county schools.

 

10. Continue to host the awards potluck lunch for winners in the Environmental Poster & Speaking Contest.

 

11. Provided Soil Stewardship bulletins, bookmarks and place mats to the County's 98 churches for Soil Stewardship Week.

 

12. Applied for and received operational grants from the Department of Ag, Trade and Consumer Protection totaling over $74,000.00.

 

13. Partnered with the Parks Department for an Oak Savannah Restoration at Carlin-Weld Park.

 

14. Continue to assist the Natural Resource Conservation Service in implementing the FOCS computer software.

 

15. Assisted DNR with County tree distribution.

 

16. Assisted the NCRS with conservation practice installation throughout the county.

 

17. Completed countywide livestock inventory that mapped locations of all county livestock operations.

 

18. Continue to administer the Rock Lake Priority Lake Project.

 

19. Fully completed the county digital land use project for use as the farm layer in the GIS database.

 

20. Facilitated a steadily increasing number of informational requests from local citizens, private consultants, and governmental agencies.

 

21. Provided staff presentations and conservation tapes to local schools as requested.

 

22. 92.14 grant funds applied for and received from DATCP.

 

23. Handled two NR243 Notice of Discharge complaints; provided technical assistance for them.

 

24. Continue to oversee the Southern Area Poster contest.

 

25. Assisted UWEX with the Agricultural Clean Sweep.

 

1998 CONSERVATION ACHIEVEMENTS

New LCC Cooperators 84

Land Owners Assisted 284

Government Agencies Assisted 7

Feet of Grassed Waterways 208

Wildlife Scrapes 26

Acres of Clean Water Diversion 1

Acres of Total Farmland in County 252,000

Acres of Fruits & Vegetables 2,355

Acres of Conservation Plans 4,700

Acres Status Reviews 8,400

Acres of Conservation Reserve (CRP) 8,755

Acres of Corn (reported) 73,000

Acres of Soybeans (reported) 44,564

Acres of Wheat (reported) 4,867

Acres of Alfalfa (reported) 14,914

Acres of Oats (reported) 2,785

Acres of Peppermint (reported) 1,276

Acres of Spearmint (reported) 669

Acres of Tobacco (reported) 19

Acres of Wildlife Foodplot (reported) 62

Acres of Rye (reported) 115

Acres of Grasses (reported) 3,340

1998 ENVIRONMENTAL POSTER & SPEAKING CONTEST

The Jefferson County Land Conservation Committee (LCC), represented by Vice-Chair Iona Turner, presented cash awards, certificates and trophies for the winning entries in the 1998 Environmental Poster and Speaking Contests. The speaking contest continues to be very successful. This annual awards ceremony was followed by a potluck luncheon provided by the LCC and the staff of the Land & Water Conservation Department. This year's winners include: Poster: Primary Division - Kimberly Veith, Hunter Putzke, Sam Gage; Elementary Division - Noah Wiedenfeld, Justin Nettesheim, Lauren Holterman; Middle Division - Wyatt Wiedenfeld, Chris Abel, Nina Dietenberger; Junior Division - Jenna Nettesheim, Lindsay Mahoney, Catlyn Dougherty; Senior Division - Ryan Mundt, Jeremy Clark, Chad Wenhardt. Speaking: Junior Only - 1st, Emily Enockson; 2nd, Emily Harvey-Serflek.

1998 LCD AUTOMATION ISSUES

• Internet access for Land & Water Conservation Department established.

• First ever LWCD web page developed and posted.

• Flat bed image scanner arrives; used for optical imaging.

• Livestock inventory GIS mapping completed.

• Preparations continue for changeover to new Federal Common Computing Environment.

• Farmland Preservation mapping project begins.

• Custom GIS mapping sales begin to generate revenue.

• GIS technician starts sharing duties with County Zoning Department.

 

1998 TROPHY TREE CONTEST WINNERS!

The Land & Water Conservation Department continued its Champion tree contest in 1998. This year's categories included: Bur Oak, Red Oak, Sugar Maple, Silver Maple and Cottonwood trees. Tree entries were scored using a point system formula that gives a point for each inch of circumference, a point for every foot of height and a quarter point for every foot of crown spread. The winning "Champion Tree" entries for 1998 are as follows: Bur Oak - Jerome Skalitky. Red Oak - Grant Brothers. Sugar Maple - Bill Seybold. Silver Maple - Grant Brothers. Cottonwood - John Pelikan.

Mr. Holterman moved that the report be accepted, portions printed in the minutes and placed on file. Seconded and carried.

Mrs. Hoeft read Resolution No. 99-46.

WHEREAS, the Fair Park Committee has solicited bids for insulating and reroofing the Activity Center, and

WHEREAS, the Committee has selected Option 2 which is a sprayed-on rubber roofing system and R-19 insulation, and

WHEREAS, the Committee received the following bids for Option 2:

All Construction and Design, Inc. $43,665

McFarland, WI

Pioneer Roofing $21,760 *

Johnson Creek, WI

* Did not include insulation in bid

NOW, THEREFORE, BE IT RESOLVED that the project be awarded to All Construction and Design, Inc., McFarland, Wisconsin.

BE IT FURTHER RESOLVED that the Fair Park Committee is authorized to contract for insulation of the walls by All Construction and Design, Inc. at an additional cost of $5,500 for a total price of $49,165.

Mrs. Hoeft moved that Resolution No. 99-46 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, Turner, Weiss, Piper, Lehmann, Keating, Borland, Rupnow, Fiske, Maasz. Total 28.

Noes: 0.

Absent: Groskopf, Potter. Total 2.

Mr. Maasz read Resolution No. 99-47.

WHEREAS, the Jefferson County Highway Department appropriated money in the 1999 Budget for a Space Needs Study of the Highway Department, and

WHEREAS, requests for proposals were solicited by the Jefferson County Highway Committee for architectural services to develop a master plan and accommodate the needs of the Highway Department in the future, and

WHEREAS, such proposals were received and opened on July 26, 1999, with the following results:

CONSULTANT PROPOSAL AMOUNT

OMNNI Associates, Inc. $12,500

Appleton, WI

Ayres Associates $15,430

Eau Claire, WI

Short, Elliott & Henrickson, Inc. No Cost Data Submitted

Chippewa Falls, WI

Foth & Van Dyke No Proposal Submitted

Milwaukee, WI

NOW, THEREFORE, BE IT RESOLVED that the Jefferson County Highway Department be authorized to contract with OMNNI Associates, Inc., of Appleton, WI for architectural services for the proposed amount of $12,500 for a Space Needs Study. (The money to come from the Highway General Engineering Account 53121.531349.000)

Mr. Maasz moved that Resolution No. 99-47 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, Turner, Weiss, Piper, Lehmann, Keating, Borland, Rupnow, Fiske, Maasz. Total 28.

Noes: 0.

Absent: Groskopf, Potter. Total 2.

Mr. Maasz read Resolution No. 99-48.

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 bulk rock salt (sodium chloride) for the 1999-2000 Winter Maintenance Season, and

WHEREAS, such bids were received and opened on August 18, 1999 with the following results:

COMPANY BID AMOUNT

Cargill, Incorporated - Salt Division $28.85 per ton

North Olmsted, Ohio

IMC Salt, Incorporated $29.95 per ton

Overland Park, Kansas

Morton International, Incorporated $30.00 per ton

Morton Salt Division

Chicago, Illinois

Detroit Salt Company L.L.C. No Bid

Detroit, Michigan

NOW, THEREFORE, BE IT RESOLVED that the Jefferson County Highway Department be authorized to purchase bulk rock salt (sodium chloride) for the 1999-2000 Winter Maintenance Season from Cargill, Incorporated - Salt Division, North Olmsted, Ohio, for the net unit bid price of $28.85 per ton. (The money to come from the C.T.H.S. Winter Maintenance Account No. 53313.)

Mr. Maasz moved that Resolution No. 99-48 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, Turner, Weiss, Piper, Lehmann, Keating, Borland, Rupnow, Fiske, Maasz. Total 28.

Noes: 0.

Absent: Groskopf, Potter. Total 2.

Mr. Holterman read the following report:

ANIMAL WASTE STORAGE AND NUTRIENT MANAGEMENT ORDINANCE REPORT

The Land Conservation Committee, in conjunction with the Land and Water Conservation Department, began conceptualizing the necessity for a county-wide Animal Waste Storage and Nutrient Management Ordinance more than 2 years ago. At that time the Rock Lake Priority Lake Project revealed the need for comprehensive animal waste and nutrient control. The Land and Water Conservation Department developed the ordinance by consulting with experts and the stakeholders involved in this important issue. The major steps undertaken to launch the ordinance are as follows:

• March 1997 - Department of Natural Resources meeting to bring the idea to the table

 

• May 1997 - Met with the County Zoning Department regarding ordinance development procedures

 

• August 1997 - Met with other Wisconsin counties to review their waste storage ordinances

 

• September 1998 - State Department of Agriculture meeting to discuss ordinance content and development

 

• September 1998 - Convened local farmer focus group to obtain their ideas on ordinance content

 

• October 1998 to September 1999 - Drafted ordinance, received comments from stakeholders and obtained multiple legal reviews

 

• June 1999 - Held public hearing for input on ordinance

 

• July 1999 - Submitted draft ordinance to State Department of Agriculture for review and approval

 

• August 1999 - Land Conservation Committee approved ordinance for presentation to County Board

 

As you see from these activities, we have taken our time to develop a sound and workable ordinance that will benefit the farmers and other residents of the County.

Prior to this meeting, the ordinance and an executive summary, which outlines the highlights of the ordinance, were sent to you. Today the Land Conservation Committee respectfully presents the Animal Waste Storage and Nutrient Management Ordinance to the County Board of Supervisors for their approval.

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

Mr. Holterman presented Ordinance No. 99-13.

JEFFERSON COUNTY ANIMAL WASTE STORAGE AND NUTRIENT MANAGEMENT ORDINANCE

The County Board of Supervisors of the County of Jefferson does hereby ordain as follows:

SECTION 1: INTRODUCTION

1.01 Authority. This ordinance is adopted under authority granted by Sections 59.70(1) and 92.16 of the Wisconsin Statutes.

1.02 Title. This ordinance shall be known as, referred to and may be cited as the Jefferson County Animal Waste Storage and Nutrient Management Ordinance and is hereinafter referred to as the ordinance.

1.03 Findings and Declaration. The Jefferson County Board of Supervisors finds that animal waste storage facilities may not meet current technical design and construction standards. Pollution of the surface and groundwater of Jefferson County may result in actual or potential harm to the health and safety of county residents and transients, livestock, aquatic life and other animals and plants, and to the property tax base of Jefferson County. The Jefferson County Board of Supervisors also finds that improper management of animal waste storage facilities, including improper land application of stored animal waste, may cause pollution of the groundwater and surface water of Jefferson County. The Jefferson County Board of Supervisors further finds that the technical standards developed by the U.S.D.A. Natural Resources Conservation Service and adopted by the Jefferson County Land Conservation Committee provide effective, practical and environmentally safe standards and specifications of storing and managing animal wastes.

1.04 Purpose. The purpose of this ordinance is to regulate the (a) location, design, construction and use of all new animal waste storage facilities, (b) modification or closure of all storage facilities, (c) transfer of wastes into storage facilities, and (d) utilization of wastes from storage facilities in order to prevent water pollution, and thereby protect the health and safety of residents and transients, prevent the spread of disease, and promote the prosperity and general welfare of the citizens of Jefferson County. It also is intended to provide for the administration and enforcement of the ordinance and to provide penalties for its violation.

1.05 Applicability. This ordinance applies to the unincorporated areas of Jefferson County. Facilities constructed prior to the effective date of this ordinance shall be exempt, except as indicated in Subsection 3.02 of this ordinance.

1.06 Interpretation. The interpretation and application of the provisions of this ordinance shall be minimum requirements, be liberally construed in favor of Jefferson County, and not be deemed a limitation or repeal of any other power granted by the Wisconsin Statutes.

1.07 Severability Clause. If any section, provision or portion of this ordinance is ruled invalid by a court, the remainder shall not for that reason be rendered ineffective.

1.08 Effective Date. This ordinance shall become effective after a public hearing and upon its adoption and publication by the Jefferson County Board of Supervisors.

SECTION 2: DEFINITIONS

2.01 Animal Waste means livestock excreta and other contaminated materials such as bedding, water, soil, hair, feathers and other debris normally included in waste handling operations.

2.02 Animal Waste Storage Facility means a concrete, wooden, steel or otherwise fabricated structure, or an excavated or earthen impoundment used for storage of animal waste. Installation of an animal waste reception tank and/or discharge pipe will be considered a waste storage facility for purposes of this ordinance.

2.03 Applicant means any person applying for a permit under this ordinance.

2.04 Closure means removal and proper disposal of accumulated wastes and proper abandonment of a storage facility as in NRCS Technical Standard 313.

2.05 DATCP means the Wisconsin Department of Agriculture, Trade and Consumer Protection.

2.06 Idle Storage Facility means an animal waste storage facility that is no longer being used for its intended purpose and no longer having any additional animal waste and manure placed into it.

2.07 Land Conservation Committee means the committee of Jefferson County Board members and others who by authority of Chapter 92, Wisconsin Statutes, guides soil and water conservation activities of the Jefferson County Land and Water Conservation Department.

2.08 Land and Water Conservation Department means the department of Jefferson County government which is responsible for administering and enforcing this ordinance.

2.09 Livestock means domestic animals such as cattle, horses, sheep, hogs, poultry, fish, etc., or exotic animals such as llamas, ostriches, etc.

2.10 Milking Center Waste means all wastewater, cleaning ingredients and waste milk that is discharged from a milkhouse or milking parlor.

2.11 Modification means enlargement or reduction to the facility, change in the facility's configuration, addition to the structure (such as ramps, push-off walls, etc.) or repairs that change the facility's configuration or capacity.

2.12 Nutrient Management Plan means a written plan detailing the amount, form, placement and timing of application of plant nutrients, including animal waste.

2.13 Permit means the signed, written statement issued by the Jefferson County Land and Water Conservation Department under this ordinance authorizing the applicant to construct, install, reconstruct, modify or close an animal waste storage facility.

2.14 Permittee means any person to whom a permit is issued under this ordinance.

2.15 Person means any individual, corporation, partnership, joint venture, trust, limited liability corporation, agency, unincorporated association, municipal corporation, county or state agency within Wisconsin, the federal government or any combination thereof that owns, rents, leases or has other interest in land being regulated under this ordinance.

2.16 Repair means to restore to sound condition after damage or malfunction of storage facility.

2.17 Standards mean guidelines that have been adopted by the Natural Resources Conservation Service.

2.18 Technical Guide means the current Wisconsin version of the United States Department of Agriculture Natural Resources Conservation Service Technical Guide as adopted by the Jefferson County Land Conservation Committee.

2.19 USDA-NRCS means the Natural Resources Conservation Service, an agency of the United States Department of Agriculture.

2.20 Water Pollution means contaminating or rendering unclean or impure the groundwater or surface waters of the state, or making the same injurious to public health, harmful for commercial or recreational use, or deleterious to fish, bird, animal or plant life.

2.21 Working Day means a calendar day, except Saturdays, Sundays and County, State and Federal recognized legal holidays.

SECTION 3: ACTIVITIES SUBJECT TO REGULATION

3.01 General Requirement. Any person who constructs, installs, reconstructs, modifies or closes an animal waste storage facility, or possesses an idle storage facility; or employs another person to do the same on land subject to this ordinance shall be subject to the provisions of this ordinance.

3.02 Compliance with Permit Requirements. A person is in compliance with this ordinance if he or she follows the procedures of this ordinance, receives a permit from the Jefferson County Land and Water Conservation Department before beginning activities subject to regulation under this ordinance, and complies with the requirements of the permit. For those animal waste storage facilities where construction was already in progress at the time of passage of this ordinance, construction may proceed to completion without needing a permit under this ordinance, provided that construction is substantially completed within twelve (12) months of the effective date of ordinance. If construction is not substantially completed within twelve (12) months, a permit will be required under this ordinance to continue construction. Modification or closure of preexisting facilities requires a permit, subject to all terms of ordinance.

SECTION 4: STANDARDS

4.01 Animal Waste Storage Facilities. Standards and specifications for design, construction and management of animal waste storage facilities are those in Standard 313 (Waste Storage Facility), Standard 358 (Waste Transfer), and Standard 312 (Waste Management System) of the Technical Guide. Construction specifications referenced within the above listed standards shall be included.

4.02 Nutrient Management. The standards for nutrient management of land-applied animal wastes are those in Standard 590 of the Technical Guide.

4.03 Amendments to Standards. Future amendments to Standards 312, 313, 358 and 590 or the current standards for waste management systems, waste storage facilities, waste transfer and nutrient management of the Technical Guide are incorporated by reference in the ordinance and made a part of this ordinance, unless otherwise acted upon by the Jefferson County Board of Supervisors.

4.04 Variances. Variances from these standards can only be granted through an appeal by the applicant in accordance with Section 8 of this ordinance unless otherwise acted upon by the Land Conservation Committee.

4.05 Human Wastewater. Human wastewater shall not be discharged into animal waste storage facilities unless permitted by applicable federal, state or local regulations for the disposal of human wastewater.

4.06 Animal Waste Storage Facility Closure. Standards for closure of an idle storage facility are those in Standard 313 of the Technical Guide.

SECTION 5: APPLICATION FOR AND ISSUANCE OF PERMITS

5.01 Permit Required. Except as hereinafter provided, no person shall undertake an activity subject to this ordinance without first obtaining an Animal Waste Storage Facility Permit or Animal Waste Storage Facility Closure Permit from the Jefferson County Land and Water Conservation Department. The requirement of this ordinance shall be in addition to any other ordinance or administrative rule regulating animal waste storage or applicable technical standards. In the case of conflict, the most restrictive provision shall apply.

5.02 Exception to Permit Requirements. Emergency repairs for broken pipes or equipment, leaking dikes or removal of obstructions may be performed without an Animal Waste Storage Facility Permit. Emergency repairs shall not result in increased capacity to the animal waste storage facility. The responsible person (owner or tenant) shall contact the Jefferson County Land and Water Conservation Department on the first working day following emergency repairs for a determination by the Department on whether a permit will be required for any additional modification or repair to the facility.

5.03 Fee. All applicants, except those applying for an Animal Waste Storage Facility Closure Permit, shall be required to pay a $100.00 non-refundable fee at the time of permit application.

5.04 Permit Application. An application for an Animal Waste Storage Facility Permit or Animal Waste Storage Facility Closure Permit shall be filed with the Land and Water Conservation Department on forms supplied by the Land and Water Conservation Department. The Land and Water Conservation Department shall mail a copy of the approved permit application to the appropriate Town Board. In addition, the Land and Water Conservation Department may mail a copy of the approved permit to other agencies or units of government that may have jurisdiction over the proposed activity.

Each application for an Animal Waste Storage Facility Permit under this ordinance shall include an Animal Waste Storage Facility Plan and a Nutrient Management Plan.

1. All Animal Waste Storage Facility Plans shall include the following:

(a) A plan map showing location of the facility with regard to buildings, roads, lot lines, and homes within three hundred (300) feet of the proposed facility. The map shall be drawn to scale no smaller than one (1) inch equals one hundred (100) feet. The plan map shall include a north arrow.

(b) A complete set of detailed construction plans, including but not limited to facility dimensions, cross-section views, profile views, storage structure liners, concrete thickness of floors and/or walls, steel reinforcement plans, water stops and expansion joints, material specifications and fencing. Preparation of detailed construction plans may likely require the applicant to hire a registered professional engineer or be designed by federal, state or local agency staff with appropriate NRCS job approval.

(c) The number and kinds of animals for which waste storage is to be provided.

(d) Planned duration of storage, expressed in days and/or months, and volume of storage, expressed in cubic feet.

(e) The location of any wells within three hundred (300) feet of the facility.

(f) The location and elevation of all soil test pits, including a detailed soil description of each pit, to a depth of at least three (3) feet below the planned bottom elevation of the facility. Soil test pits, which are acceptable to the Jefferson County Land and Water Conservation Department, shall be dug within the outermost boundaries of planned waste storage facility bottom area at the rate of one pit for every 3,500 square feet of bottom area.

(g) The location of drain tiles, sink holes and drainage ditches.

(h) The elevation of seasonably high groundwater or bedrock if encountered in the soil profile and the date of any such determination.

(i) Provisions for adequate drainage and control of runoff to prevent pollution of surface water and groundwater.

(j) The location of and distance to any navigable body of water within three hundred (300) feet of the proposed facility must be shown.

(k) A description of how waste will be delivered to and removed from the facility.

(l) A proposed time schedule for construction of the facility.

(m) Any other additional information required by the Jefferson County Land and Water Conservation Department to determine compliance with this ordinance.

2. Nutrient Management Plans will be required at the time of permit application for an Animal Waste Storage Facility Permit. All nutrient management plans shall conform to the NRCS standards and specifications for nutrient management (590) specified in Subsection 4.02. All nutrient management plans shall include, but not be limited to the following items:

(a) The amount of land available for application of waste.

(b) Identification of the areas where the waste will be applied.

(c) The crops to be grown.

(d) Soil types and any limitations on waste application due to soil limitations, i.e., sink holes, course texture, high nutrient levels, etc.

(e) Type and proximity of bedrock or groundwater table.

(f) Slope of land and proximity to surface water.

3. All applicants' land must be in compliance with all of the current Animal Waste Advisory Committee (AWAC) prohibitions or any future standards adopted by AWAC before a permit is issued.

(a) Livestock operations may have no overflow of manure storage structures;

(b) Livestock operation may have no unconfined manure pile in a water quality management area; a water quality management area being any of the following: within 1,000 feet of an ordinary high-water mark of navigable waters that consist of a lake, pond or flowage; or within 300 feet from the high-water mark of navigable waters that consist of a stream or river or a site that is susceptible to groundwater contamination or has the potential to be a direct conduit to groundwater;

(1) The County Zoning Ordinance (shoreland provisions) regulates unconfined manure piles within 300 feet of an ordinary high-water mark of drainage ditches.

(c) Livestock operations may have no direct runoff from a feedlot or stored manure into waters of the state;

(d) Livestock operations may not allow unlimited access by livestock to waters of the state in a location where high concentrations of animals prevent the maintenance of adequate sod cover.

4. Animal Waste Storage Facility Closure Requirements.

(a) A person who owns an idle storage facility must notify the Land and Water Conservation Department in writing within 45 working days of the facility becoming idle.

(b) An idle storage facility shall be closed within 18 months of the date notification was due by following the criteria set forth in Standard 313.

(c) Each application for an Animal Waste Storage Facility Closure Permit under this ordinance shall include a site-specific design for closure as specified in Standard 313.

(d) If the facility is not closed within the allotted 18 months, the permittee must request a time extension to close an idle storage facility. A Closure Extension Request form shall be submitted to the Land and Water Conservation Department before the allotted 18 months has lapsed. The Land and Water Conservation Department and the Land Conservation Committee shall examine the request and gather any other pertinent information. Within 30 working days after receiving the extension request, the Land Conservation Committee shall notify the permittee in writing of its decision to approve or disapprove the request.

5.05 Review of Application. The Jefferson County Land and Water Conservation Department shall receive and review all permit applications, including the Animal Waste Storage Facility Construction Plans and the Nutrient Management Plan or the Animal Waste Storage Facility Closure Design, and shall determine if the proposed facility or closure will comply with ordinance requirements. In making this determination the department may require a site inspection and/or may consult with an outside agency. Prior to issuance of a permit, the NRCS or DATCP engineer or designee, or a registered professional engineer, shall verify that plans meet the applicable standards. Within 30 working days after receiving the completed application and fee, the Jefferson County Land and Water Conservation Department shall inform the applicant in writing whether the permit application is approved, disapproved, or if more information is needed. If additional information is required, the Jefferson County Land and Water Conservation Department shall so notify the permit applicant. The Jefferson County Land and Water Conservation Department has 30 working days from the receipt of the additional information to approve or disapprove the application. If, in addition to the applicant's information, the department required comment from an outside agency, the department has 15 working days from receipt of the comments from the referral agency to approve or disapprove the application. If the Land and Water Conservation Department fails to approve or disapprove the permit application in writing within 30 working days of the receipt of the permit application, within 30 working days of receipt of additional applicant information, or within 15 working days of receipt of referral agency comments, as appropriate, the application shall be deemed approved and the applicant may proceed as if a permit had been issued. Nothing herein shall authorize construction, maintenance or closure of a facility that does not meet ordinance and technical guide standards.

5.06 Permit Conditions. All permits issued under this ordinance shall be issued subject to the following conditions and requirements:

(a) Animal waste storage facility design, construction, modification, and application shall be carried out in accordance with the Animal Waste Storage Facility Plan and applicable standards specified in Section 4 of this ordinance.

(b) Any person applying for an Animal Waste Storage Facility Permit under this ordinance must develop a Nutrient Management Plan as part of the application process to demonstrate their ability to utilize the animal waste in an environmentally safe manner. This condition may require the applicant to hire a crop consultant to prepare the Nutrient Management Plan. Annual certification in writing to the Jefferson County Land and Water Conservation Department that the Management Plan is being followed is required.

(c) The permittee certifies in writing that all other local, city, County, State or Federally required permits shall be obtained from the appropriate authorities. The department may require proof of any permit known to be needed prior to issuing an Animal Waste Storage Facility Permit or Animal Waste Storage Facility Closure Permit. If any other permit meets or exceeds county ordinance requirements, a county permit is not required. However, a copy of the other permit(s) must be filed with the Land and Water Conservation Department prior to construction.

(d) Any change to an approved Animal Waste Storage Facility Plan or closure design shall be approved in writing by the Jefferson County Land and Water Conservation Department. Written approval by the Department shall occur only after the DATCP engineer or designee, registered professional engineer, or state, federal or local agency staff person having the appropriate engineering certification, has reviewed and approved the proposed modifications.

(e) The permittee shall give no less than 3 working days advance notice to the Jefferson County Land and Water Conservation Department before starting any construction activity authorized by the permit.

(f) Activities authorized by permit shall be completed within 2 years from the date of issuance after which time such permit shall expire.

(g) The permittee shall certify in writing, by a professional engineer or a person with appropriate engineering job approval according to NRCS standards, that the animal waste storage was installed or closed as planned. A copy of the signed certification sheet shall be given to the Land and Water Conservation Department within one (1) month of completion of installation or closure. Any approved changes made to the Animal Waste Storage Facility Plan or closure design shall be specified in the certification. Land and Water Conservation Department personnel may conduct site inspections during and following construction to determine that the facility was installed or closed as planned and designed.

5.07 Permit Revocation. The Jefferson County Land and Water Conservation Department may revoke any permit issued under this ordinance if the holder of the permit has misrepresented any information in the Animal Waste Storage Facility Plan, closure design or Nutrient Management Plan, or if the holder of the permit violates any of the conditions of the permit. A letter will be sent by the Land and Water Conservation Department to the permittee warning about the potential for permit revocation prior to actually revoking the permit. The permittee will have two weeks to comply with this ordinance before revocation. If the permit is revoked the landowner must start the permit process over. In addition, the permittee shall not use the facility until a new permit is issued.

SECTION 6. ADMINISTRATION

6.01 Delegation of Authority. The Jefferson County Board hereby designates the Jefferson County Land and Water Conservation Department to administer and enforce this ordinance.

6.02 Administrative Duties. In the administration and enforcement of this ordinance the Jefferson County Land and Water Conservation Department shall:

(a) Keep an accurate record of all permit applications, Animal Waste Storage Facility Plans, Nutrient Management Plans, closure designs, permits issued, inspections made, closure extension requests, extensions issued, and other official actions.

(b) Review permit applications and issue permits in accordance with Section 5 of this ordinance.

(c) Periodically inspect animal waste storage facility construction to insure the facility is being constructed or closed according to plan specifications.

(d) Investigate complaints relating to compliance with this ordinance.

(e) Perform other duties as specified in this ordinance.

6.03 Inspection Authority. The Jefferson County Land and Water Conservation Department is authorized by Section 92.07(14) Wisconsin Statutes to enter upon any lands affected by this ordinance to inspect the site prior to and after permit issuance to determine compliance with the ordinance. If permission cannot be received from the applicant or permittee, entry shall be according to Sections 66.122 and 66.123, Wisconsin Statutes. Refusal to grant permission to enter lands affected by this ordinance for purposes of inspection may be grounds for denial of a permit or revocation thereof.

6.04 Enforcement Authority. The Jefferson County Land and Water Conservation Department is authorized to post an order stopping work upon land which has had a permit revoked or on land currently undergoing activity in violation of this ordinance. Notice is given by both posting upon the land where the violation occurs one or more copies of a poster stating the violation, and by mailing a copy of the order by certified mail to the person whose activity is in violation of this ordinance. The order shall specify that the activity must cease or be brought into compliance.

Any permit revocation or order stopping work shall remain in effect until retracted by the Jefferson County Land and Water Conservation Department, or by a court of general jurisdiction. The Jefferson County Land and Water Conservation Department is authorized to refer any violation of this ordinance or of an order stopping work issued pursuant to this ordinance to the Jefferson County Corporation Counsel for commencement of further legal proceedings.

SECTION 7: VIOLATIONS

7.01 Penalties. Any person who violates, or fails, neglects, or refuses to comply with any of the provisions of the ordinance shall upon conviction thereof, forfeit up to Two Hundred ($200.00) Dollars, and costs of prosecution for each violation. Each day a violation exists or continues to exist shall constitute a separate offense. An unlawful violation includes failure to comply with any standard of this ordinance or with any condition or qualification attached to the permit, or any failure to comply with notice of a permit revocation or stop work order.

7.02 Enforcement by Injunction. As a substitute for, or in addition to forfeiture actions, Jefferson County may seek enforcement of any part of this ordinance by court actions seeking injunctions or restraining orders.

SECTION 8: APPEALS

8.01 Authority. Under the authority of Chapter 68, Wisconsin Statutes, the Jefferson County Land Conservation Committee, created under Section 59.878, Wisconsin Statutes and acting as an appeal authority under Section 68.09(2), Wisconsin Statutes, is authorized to hear and decide appeals where it is alleged that there is error in any order, requirement, decision, or determination by the Jefferson County Land and Water Conservation Department in administering this ordinance.

8.02 Who May Appeal. Appeals may be taken by any person having a substantial interest that is adversely affected by the order, requirement, decision, or determination made by the Jefferson County Land and Water Conservation Department.

8.03 Limitations of Appeal. Only one appeal on a particular concern can be made of an order, requirement, decision or determination made by the Jefferson County Land and Water Conservation Department.

8.04 Procedure. Any appeal shall be made by written request mailed or delivered to the Jefferson County Land and Water Conservation Department. The request shall state the grounds upon which it is contended that the order, requirement, decision or determination should be modified or reversed, and/or the grounds upon which a variance is sought. The request shall be filed within 30 calendar days of the date when the order, requirement, decision or determination was received. The Jefferson County Land Conservation Committee shall schedule a hearing within 15 working days of the filing of the appeal. The hearing shall be conducted in accordance with Chapter 68, Wisconsin Statutes. A copy of the hearing notice shall be sent to the applicant and the appropriate town board.

The final decision on an appeal shall be made within 20 working days of completion of the hearing and shall be in the form of a written determination signed by the Chair or Secretary of the Land Conservation Committee. The determination shall state the specific facts which are the basis for the Committee's decision and shall affirm, reverse, vary or modify the order, requirement, decision or determination appealed, in whole or in part; deny the appeal for lack of justification; or grant or deny the application for a variance. The reasons or justifications for granting an appeal, which were demonstrated by the applicant in the case of a variance, shall be clearly stated in the recorded minutes of the Committee meeting. If a final decision on an appeal is not made within 20 working days, the appeal shall be deemed approved and the applicant may proceed with activities that were requested in the appeal.

8.05 Variances. The Land Conservation Committee may upon appeal authorize a variance from the requirements of this ordinance when, upon showing by the applicant, unnecessary hardship would result from a literal enforcement of this ordinance. The granting of a variance for unnecessary hardship shall:

1. Be consistent with the spirit and purpose of this chapter as stated in Subsection 1.03 and 1.04.

2. Not permit an activity or practice that may fail structurally or otherwise cause significant water pollution or other off-site impacts.

3. Be due to unique circumstances and not to the general conditions of the area.

4. Not be granted for a self-created hardship.

5. Not be granted unless it is shown that the variance will not be contrary to the public interest and will not be damaging to the rights of other persons.

6. Not be granted solely on the basis of economic gain or loss.

7. Not be granted solely on the fact that certain conditions existed prior to the effective date of the ordinance.

The Land Conservation Committee may authorize a variance from the requirements of this ordinance contingent on the applicant receiving a variance from the technical standards through the Natural Resources Conservation Service or other qualified engineering authority. If public funds are involved, this may be a program requirement.

This ordinance shall be in full force and effect upon adoption and publication as provided by law.

Mr. Holterman moved that Ordinance No. 99-13 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, Turner, Weiss, Piper, Lehmann, Keating, Borland, Rupnow, Fiske, Maasz. Total 28.

Noes: 0.

Absent: Groskopf, Potter. Total 2.

Mr. Foskett read Resolution No. 99-49.

RESOLVED that in line with County policy regarding expenses at meetings outside the State of Wisconsin, the registration expense of Assistant District Attorney Wade C. Newell to attend the Ninth Annual National Conference on Domestic Violence at Reno, Nevada from October 24 through October 27, 1999 be allowed, but not to exceed $415.00. (Money to come from District Attorney Account No. 1604.532325.)

Fiscal Note: The County will be reimbursed for the above mentioned amount from grant funding.

 

Mr. Foskett moved that Resolution No. 99-49 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, Turner, Weiss, Piper, Lehmann, Keating, Borland, Rupnow, Fiske, Maasz. Total 28.

Noes: 0.

Absent: Groskopf, Potter. Total 2.

Mr. Buchanan read Resolution No. 99-50.

WHEREAS, Jefferson County and Dodge County have jointly employed personnel through the ICC Data Processing Commission since 1981, for the purpose of meeting both countys' data processing needs, and

WHEREAS, Dodge County has proposed restructuring of the Commission's operations so that each county would employ its own personnel rather than have all personnel employed jointly by the Commission, and

WHEREAS, without Dodge County's agreement to continue the joint Commission's employment of all required personnel, Jefferson County must take appropriate action to employ the personnel necessary to meet its needs, and

WHEREAS, the Personnel Committee has determined that it is advantageous at this time to create the following three positions so that Jefferson County may retain current joint employees who might otherwise seek employment elsewhere, given uncertainty as to the future of their employment status, and

WHEREAS, it is anticipated that the Commission will continue in revised form to take advantage of joint purchasing and licensing opportunities,

NOW, THEREFORE, BE IT RESOLVED that the positions of Manager-Systems and Applications, Systems Analyst and Programmer Analyst are hereby created and allocated to the County Administrator's Office.

BE IT FURTHER RESOLVED that the current joint employees may transfer from the ICC Data Processing Commission to said created positions with no loss in pay, accrued vacation, sick leave and immediate eligibility for health and dental insurance. (Funding for the above positions is in Account 1203.521214.)

Mr. Buchanan moved that Resolution No. 99-50 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, Turner, Weiss, Piper, Lehmann, Keating, Borland, Rupnow, Fiske, Maasz. Total 28.

Noes: 0.

Absent: Groskopf, Potter. Total 2.

Mr. Buchanan read Resolution No. 99-51.

WHEREAS, the Personnel Committee has been requested by the Human Services Board to create the position of Lead Janitor due to the construction of the Workforce Development Center/UW Extension facility that requires an addition to the Human Services Maintenance staff, and

WHEREAS, the Personnel Committee has approved the joint request of the Human Services Board and U.W. Extension Committee to create the position of Lead Janitor, and

WHEREAS, this position is currently under study by David M. Griffith, Inc. for production of a job description and grade placement,

NOW, THEREFORE, BE IT RESOLVED that the recommendation of the Personnel Committee is hereby approved and the position of Lead Janitor is created and placed in the Human Services Department Staff allocation within the recommended grade placement.

Fiscal Note: Funds are available for this position through 1999 within the Human Services Budget. The 2000 Budget request also contains funds for this position.

 

Mr. Buchanan moved that Resolution No. 99-51 be adopted. Seconded and carried by the following roll call:

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

Noes: 0.

Absent: Hoeft, Groskopf, Potter. Total 3.

Mr. Buchanan read Resolution No. 99-52.

WHEREAS, Section 32.08(4) of the Wisconsin Statutes provides that County Condemnation Commissioners shall be paid an hourly rate fixed by the County Board, and

WHEREAS, the present rate of $20.00 per hour was established by the County Board in 1991 and should be increased,

NOW, THEREFORE, BE IT RESOLVED that the hourly rate of Jefferson County Condemnation Commissioners is hereby fixed at $30.00 per hour and said commissioners shall be paid a minimum of two hours for each hearing.

BE IT FURTHER RESOLVED that the commissioners shall also receive mileage at the same rate established by the County Board for other employees and officials.

Mr. Buchanan moved that Resolution No. 99-52 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, Turner, Weiss, Piper, Lehmann, Keating, Borland, Rupnow, Fiske, Maasz. Total 27.

Noes: 0.

Absent: Klein, Groskopf, Potter. Total 3.

Mr. Holterman read Resolution No. 99-53.

WHEREAS, the Fair Park Committee leases space for use of Fair Park facilities to profit entities, nonprofit groups, educational groups and government departments, and

WHEREAS, when making decisions about rental fees the Committee balances the need to earn revenues against the need of nonprofit, civic, educational and government groups to use the Fair Park, and

WHEREAS, guidance from the County Board is sought to establish priorities between the need to generate revenue and the availability of the Fair Park to nonprofit groups,

NOW, THEREFORE, BE IT RESOLVED that the Fair Park Committee and the University Extension Education Committee be authorized to develop a draft policy to guide the Fair Park Committee in accommodating the traditional function of the Fair Park and the evolving issue of revenue generation.

Mr. Holterman moved that Resolution No. 99-53 be adopted.

Mr. Jaeger moved that Resolution No. 99-53 be tabled. The motion failed for lack of a second.

Resolution No. 99-53 lost by a voice vote.

Mr. Lehmann read Report No. 6 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 June 17, July 15 and August 19, 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 2088A-99, 2094A-99, 2082A-99,

2096A-99, 2098A-99 AND 791A-85-99M

DENIAL OF PETITION 2097A-99

Petition 2097A-99 was filed by Carl and Charles Fiene to create a 2.76 acre lot on Bredlow Lane in the Town of Hebron. This is recommended for denial due to the prevalence of prime agricultural soils on the site. An approval under these circumstances would be contrary to the goals and objectives of the Jefferson County Agricultural Preservation Plan, the Jefferson County Zoning Ordinance and Chapter 91 of State Statutes.

Dated this Seventh Day of September, 1999

Kathleen Groskopf, Secretary

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

Mr. Lehmann read Ordinance No. 99-14.

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

WHEREAS, Petitions 2082A had been referred to the Jefferson County Planning and Zoning Committee for public hearing on June 17, 1999, Petition 2088A-99 had been referred for public hearing on July 15, 1999, and Petitions 2094A-99, 2096A-99, 2098A-99 and 791A-85-99M had been referred for public hearing on August 19, 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 RESIDENTIAL R-2 TO AGRICULTURAL A-1

Rezone 0.6 acre of Parcel 08-16-19-13 (22.3 Acres) to allow its inclusion in a lot with existing home and farm buildings at N8344 Hustisford Road. The property is owned by Larry and Barbara Wegner in the Town of Ixonia. This approval is subject to the Town of Ixonia's conditions being applied. (2088A-99 - Bob Turtenwald)

FROM A-1 TO INDUSTRIAL AND FROM INDUSTRIAL TO A-1

Rezone a part of Parcel 08-16-21-41 (3.347 Acres) from A-1 to Industrial for creation of a new 0.412 acre lot and for transfer of property to an adjoining owner. Also, rezone a part of Parcel 08-16-21-41-009 (6.069 Acres) from Industrial to A-1 to allow its transfer to adjoining owner. The site is near W1372 Elmwood Avenue in the Town of Ixonia. (2094A-99 - Town of Ixonia)

FROM A-1 TO A-3, RURAL RESIDENTIAL

Modify the original approval and create a 2.8 acre rural residential lot from a former home site at W5831 CTH S. This Town of Lake Mills property is part of Parcel 07-13-21-41 (34.231 Acres). This approval 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. (2082A-99 - A & L Johnson, Inc.)

Create a 10.7 acre lot with existing home at N5060 North Helenville Road in the Town of Farmington. The site is part of Parcels 07-15-35-32 (35.729 Acres), 07-15-35-32-002 (0.964 Acre) and 07-15-35-32-003 (0.964 Acre) and is owned by John and Virginia Kuhn. This approval is conditioned upon removal of salvage material and unlicensed vehicles, and upon approval and recording of a final certified survey map for the property. (2096A-99 - Ron Cass)

Create a 1.12 acre lot from part of Parcel 05-14-36-22 (19.79 Acres). The site is on Buckingham Road in the Town of Koshkonong and is owned by ROD Acres. Rezoning 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. (2098A-99 - Karin and Carrie Luebke)

FROM A-2 TO A-3, RURAL RESIDENTIAL

Create a new 1.5 acre rural residential building site from part of Parcel 07-41-05-41 (13.58 Acres). The site is at W6530 CTH A in the Town of Milford. Rezoning is conditioned upon approval and recording of a final certified survey map for the property. (791-85-99M - Leo Schaller.)

Mr. Lehmann moved that Ordinance No. 99-14 be adopted. Seconded and carried by the following roll call:

Ayes: Schreiber, Klein, Holterman, Buchanan, Schwoch, Wilson, Jaeger, Kramer, Zimdars, Hartwig, Curtin, Kisow, Schroedl, Foskett, Thomsen, Turner, Weiss, Piper, Lehmann, Keating, Borland, Fiske, Maasz. Total 23.

Noes: Smith, Lidholm, Hoeft, Nass, Rupnow. Total 5.

Absent: Groskopf, Potter. Total 2.

Mr. Lehmann read Ordinance No. 99-15.

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

WHEREAS, Petition 2097A-99 was referred to the Jefferson County Planning and Zoning Committee for public hearing on August 19, 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 2097A-99 and that no change shall be allowed:

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

Rezone to create a new 2.76 acre lot from part of Parcel 06-15-21-41-001 (10.83 Acres). The site is near W3753 Bredlow Lane in the Town of Hebron. (2097A-99 -Carl and Charles Fiene)

Mr. Lehmann moved that Ordinance No. 99-15 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, Turner, Weiss, Piper, Lehmann, Keating, Borland, Rupnow, Fiske, Maasz. Total 28.

Noes: 0.

Absent: Groskopf, Potter. Total 2.

County Clerk Barbara Frank read the following:

JEFFERSON COUNTY CENSUS 2000 PROCLAMATION

WHEREAS, the next Decennial Census will be taken in the year 2000, and political representation to the United States House of Representatives, State Legislature and local government will be determined by the Decennial Census, and Jefferson County recognizes the importance of each resident in the 2000 Census count; and

WHEREAS, the Census 2000 data will be utilized for a wide variety of activities that include distribution of federal and state funds, educational programming, market research, transportation planning, facilities planning, etc.; and

WHEREAS, Jefferson County agrees to be one of the 39,000 governmental entities in partnership with the U.S. Bureau of the Census; and

WHEREAS, Jefferson understands its primary role in this partnership is to formulate a Complete Count Committee; and

WHEREAS, the role of the Complete Count Committee is, but not limited to, the following:

• To develop a census awareness campaign to inform, motivate and educate the County's residents in the necessity and importance of their rapid response to and 100% participation in the Census 2000.

 

• To make the citizens aware of the many ways the Census data is used to obtain funding for essential services and programs.

 

• To bridge gaps between Jefferson County, the Census Bureau and other local Complete Count Committees regarding outreach activities and information centers,

 

BE IT HEREBY PROCLAIMED that Jefferson County supports the Census 2000 by formation of a Complete Count Committee; and County Board Chairperson Wendell A. Wilson appoints the following members:

Dr. Donald Childs, Lake Mills Public Schools

Helen Grimmenga, Community Action Coalition

Marilyn Haroldson, Jefferson County Economic Development Corporation

Marie Hathaway, Fort Atkinson Senior Center

Margaret Krueger, Watertown Daily Times

Jean Schliewe, Seniors Representative

Ryan Whisner, Daily Jefferson County Union

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

There being no further business, Mr. Buchanan moved that the Board adjourn. Seconded and carried at 10:13 a.m.