Jefferson County - Board of Supervisors - Minutes  - 2000

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JEFFERSON COUNTY BOARD MINUTES

TUESDAY, JULY 11, 2000, 7:00 P.M.

 

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

 

Mr. Keating led the Pledge of Allegiance.

 

A moment of silence was observed.

 

The County Clerk called the roll, all members being present, except Mrs. Klein and Mr. Ley.

 

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

District 3 Marvin Altreuter District 4 Lori Butler

District 5 Rodney L. Laudenslager District 6 Marvin L. Munyon

District 7 Raymond Berg District 8 Wendell A. Wilson

District 9 Howard C. Wiedenhoeft District 10 Dean Kramer

District 11 Leon W. Zimdars District 12 James Hartwig

District 13 Janet Sayre Hoeft District 14 Pamela Rogers

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

District 17 Sharon L. Schmeling District 18 John C. Kylmanen

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

District 21 Allen W. Ley 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

JULY 1, 2000

 

Available Cash on Hand

June 1, 2000 $ 236,965.92

June Receipts 6,577,400.78

 

Total Cash $ 6,814,366.70

 

Disbursements

General - June 2000 $ 4,522,346.54

Payroll – June 2000 1,600,355.32

 

Total Disbursements 6,122,701.86

Total Available Cash $ 691,664.84

 

Cash on Hand (in banks) July 1, 2000 $ 1,496,579.85

Less Outstanding Checks 804,915.01

 

Total Available Cash $ 691,664.84

 

AIM Government & Agency Portfolio $ 3,045,972.61

 

Local Govt. Invest. Pool - General Funds $13,461,537.21

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

2000 Interest 6,727.23

234,921.22

 

C.D. #31246 500,000.00

 

Institutional Capital Management $ 7,874,149.57

$25,116,580.61

 

2000 Interest - Super N.O.W. Acct. $ 9,921.91

2000 Interest - L.G.I.P. - General Funds 410,348.49

2000 Interest – ICM 228,664.26

2000 Interest - AIM 45,972.61

Total 2000 Interest $ 694,907.27

 

JOHN E. JENSEN

JEFFERSON COUNTY TREASURER

 

Mr. Fiske moved that the minutes of the June 20, 2000 meeting be approved as corrected. Seconded and carried.

 

County Clerk Barbara A. Frank read a letter addressed to County Administrator Hausen from Frances Anderson, Administrator of Countryside Home. The letter advises that Mrs. Anderson is resigning her position as Administrator of Countryside Home, effective July 27, 2000.

 

The letter was ordered received and placed on file.

 

The County Clerk reported the County was served with a lawsuit on behalf of Ruth Castro, a Countryside employee, alleging discrimination based on disability or the perception of disability. This has to do with lifting restrictions at Countryside.

 

The matter was referred to the Corporation Counsel.

 

The County Clerk reported the receipt of a Notice of Claim from John Thompson in the approximate amount of $30,000 for medical care he alleges was the County's responsibility because he was incarcerated in the Jefferson County Jail at the time.

 

The claim was referred to the Corporation Counsel.

 

County Clerk Frank read a Notice of Public Hearing from the Zoning Committee for a hearing to be held on July 20, 2000 at 7:00 p.m.

 

The notice was ordered received and placed on file.

 

The floor was opened for public comment.

 

Jane and Lloyd Schuld, Jr. addressed the Board asking that their petition for a zoning change be removed from tonight's agenda and sent back to Committee.

 

Weenonah Brattset addressed the Board in opposition to the Guardian Pipeline in Jefferson County.

 

The regular order of business was resumed.

 

Mr. Ed Virnig of Virnig & Associates, LLC, the firm which does Jefferson County's annual audit, addressed the Board.

 

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

 

We have audited the accompanying general purpose financial statements of the County of Jefferson as of December 31, 1999 and for the year then ended. These general purpose financial statements and the combining financial statements are the responsibility of management of the County of Jefferson. Our responsibility is to express an opinion on these financial statements based on our audit.

 

We conducted our audit in accordance with generally accepted auditing standards and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the general purpose financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the general purpose financial statements. An audit also includes assessing the accounting principles used and the significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion.

 

In our opinion, the general purpose financial statements referred to above present fairly, in all material respects, the financial position of the County of Jefferson as of December 31, 1999, and the results of its operations and the cash flows of its proprietary fund types for the year then ended in conformity with generally accepted accounting principles.

 

Our audit was conducted for the purpose for forming an opinion on the general purpose financial statements taken as a whole. The combining financial statements are presented for purposes of additional analysis of the general purpose financial statements rather than to present the financial position and results of operations. The combining financial statements have been subjected to the auditing procedures applied in the audit of the general purpose financial statements and, in our opinion, are fairly stated in all material respects in relation to the general purpose financial statements taken as a whole.

 

In accordance with Government Auditing Standards, we have also issued a letter dated June 8, 2000, on our consideration of the County of Jefferson's internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts and grants.

 

CHANGES IN FINANCIAL REPORTING AND ACCOUNTING

 

In June 1999, the Governmental Accounting Standards Board (GASB) established a new framework for the financial reports of state and local governments (GASB Statement 34). This new framework or financial reporting model represents the biggest single change in the history of governmental accounting and financial reporting. This change will be effective for Jefferson County in 2003.

 

GASB Statement 34 will bring numerous changes to the accounting in Jefferson County. One such change would be the implementation of full accrual accounting for all departments. The object of full accrual accounting is to present the cost of services that the County delivers. Some examples of changes this would bring to our financial statements include: recognition of long-term liabilities, such as vested sick leave which will reduce fund balance when reflected in the financial statements; recognition of certain receivables, such as traffic fines when issued, will increase fund balance when reflected in the financial statements; the cost of county roads and bridges, not previously reflected in the financial statements, will increase assets; all fixed assets will be depreciated and the depreciation expense will be reflected in the financial statements.

 

With the implementation of GASB 34 it will also bring a change in the format of the financial statements. We will now have two sets of financial statements. One set will be as we prepare them currently. The other will be a consolidated full accrual set of financial statements. These new financial statements will be different. The Balance Sheet/Statement of Net Assets will have only two columns, this year and last year. The Statement of Income and Expenses/Statement of Activities will show activity by function, such as public safety or health services. The total expenses will be shown less related revenues to come to the net cost of that function. Property taxes will no longer be allocated to each function so that the reader is able to know the net cost of each function. The financial statements will also include a Management Discussion and Analysis. This will be a required part of the presentation of the financial statements. The management is responsible for its preparation. The role of this is to provide the narrative introduction and overview that users need to interpret the basic financial statements. It will also provide an analysis of key data presented in the basic financial statements.

 

The new reporting model is a major change in the way the accounting for the County operations will be done and the way the information will be presented in the financial statements. In order to implement it in an efficient manner the transition will require resources in the time of employees and possible some changes in software.

 

VIRNIG & ASSOCIATES, LLC

 

(Reporter's Note: Because of the length of the financial statements, they have not been reprinted in the minutes, but are on file in the County Clerk's Office and available for public inspection and examination during regular Courthouse hours.)

 

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

 

District Attorney David J. Wambach presented the annual report for his office.

 

CASE STATISTICS

 

CRIMINAL:

 

Complaint Requests: 1692

 

Felonies:

Charged 432

Disposed of 444

 

Misdemeanors:

Charged 788

Disposed of 949

 

First Offender Program Referrals: 201

 

TRAFFIC & CIVIL:

 

Criminal Traffic:

Cases Received 701

Cases Disposed of 585

 

Forfeiture Traffic:

Cases Received 718

Cases Disposed 767

 

Other Forfeitures, which include:

Underage Alcohol, DNR and County Ordinance

Cases Received 158

Cases Disposed 163

 

In 1999 the District Attorney's Office expanded our traffic forfeiture procedure to include additional forfeiture matters. This intake system streamlines the processing of forfeiture cases which results in an efficient use of prosecution and court resources as well as reducing the time spent by citizens getting access to justice. The D.A.'s office remains indebted to the Circuit Judges for authorizing these procedures. We are eternally grateful to the traffic clerks, bailiffs and court officers who make this system run so smoothly.

 

Other Civil Actions: 41

Which Include: Weatherizations, Wage Claims, Vehicle Forfeitures, Property Forfeitures

 

JUVENILE:

 

Delinquency:

Cases referred 232

Cases charged 179

 

JIPS:

Cases referred 20

Cases charged 16

 

CHIPS:

Cases referred 92

Cases charged 85

 

Informal referrals 11

Deferred Prosecution referrals 78

Requests for Review 168

Requests for Sanctions 67

 

THE FIRST OFFENDER PROGRAM

 

The First Offender Program is a prosecution diversion program that helps to decrease the time that attorneys, court personnel and clerical staff spend on those cases. Police agencies save money and officer time when officers do not have to be pulled from other duties to attend hearing and trial dates. Select offenders are provided a chance to make a positive change in their lives without a criminal record.

 

In 1999 the Jefferson County First Offender Program saw a 16.9% increase in the cases managed by the program director. The following is a breakdown of the numbers of cases supervised and the completion status for 1999.

 

FOP successful completions 57

FOP current participants 93

FOP unsuccessful/revoked contracts 14

 

PDA successful completions 15

PDA current agreements 20

PDA revoked 2

 

Total cases managed in 1999 201

 

The program consists of one employee working 19 hours per week who performs her own clerical work. The program charges a $150.00 participation fee. Total fees collected in 1999 were $9,400.00.

 

Domestic Violence referrals continue to be the most common referral to the program. Domestic Violence cases are more time consuming than most other types of cases referred to the program; however, the benefits to the community for providing intervention in these cases is extremely important. With the treatment that is facilitated by the First Offender Program, the result is greater family stability and ultimately a more stable community.

 

JUVENILE DELINQUENCY CASES

 

Delinquency is the area of law that deals with persons between the age of 10 and 17 who commit violations of criminal law. It does not, nor is it meant to, deal with juveniles who are "naughty", truant, out-of-control, mouthy, disobedient, etc., unless the conduct rises to the level of a violation of criminal law. The area of crossover can be seen where the "naughty" juvenile becomes disruptive and his conduct meets the definition of Disorderly Conduct.

 

Procedurally, law enforcement officers handle delinquencies in the same manner as adult cases with some minor modifications due to the confidentiality requirements of cases involving juveniles. If the officer decides to proceed with the case, he/she refers it to Human Services, not directly to the District Attorney as with adult cases. Then, Human Services reviews the case, meets with the juvenile and parents, and decides whether to proceed further. Human Services can do nothing, enter into a Deferred Prosecution Agreement, or send the case to the District Attorney for a formal petition. Human Services has 40 days from receipt of the referral from law enforcement to send the case to the District Attorney.

 

The District Attorney has 20 days from receipt of the referral from Human Services to file a formal petition for delinquency. The District Attorney can also send the case back for more information, choose to not prosecute the case at all, petition to "waive" the juvenile into adult court, or modify the charges that were referred to fit the law and facts of the case.

 

Once a delinquency petition has been filed, the juvenile and his parents are given notice of a court date where he/she will respond to the petition with a plea. If the juvenile admits or pleads "no contest" the next step is a "Dispositional Hearing". If the juvenile denies the allegations, the next step is a "Fact Finding Hearing" which is the equivalent of a trial. If the judge finds that the juvenile committed the offense, the next step is a "Dispositional Hearing".

 

A Dispositional Hearing is the juvenile equivalent of an adult criminal case sentencing hearing; however, the alternatives available in juvenile court are significantly different.

 

Dispositional Orders, which are made by the judge, can range from a lecture to a placement in juvenile corrections for up to five years in the Serious Juvenile Offender Program. What is ordered depends on the juvenile's history, personality, the type and seriousness of the offense, and the risk to the public, among other things. By far the most common disposition is Court Supervision (like adult probation) with placement in the community. Juvenile Court Supervision is administered by Human Services with "case managers" fulfilling a similar function to that of the adult probation officer. A Dispositional Order with community based supervision may have many conditions such as no further violation of law, compliance with school and home requirements, drug and alcohol screens, counseling, electronic monitoring, victim/offender mediation, DNA testing and Sex Offender Registration, restrictions on conduct, etc. A component of supervision may include placement of the juvenile in a group home, foster home, with a relative, or in a residential treatment facility.

 

Placement in Juvenile Corrections is the equivalent of adult prison for juveniles. It is a secured facility such as Ethan Allen at Wales. A placement in Juvenile Corrections is a rare occurrence in Jefferson County. It is reserved for the most serious, relentless, or dangerous offenders. A variation of the Juvenile Corrections placement is called a TYPE II status. The juvenile is designated as in correctional status but may be placed elsewhere based on treatment status, risk to the community, etc. TYPE II is used more than a straight correctional placement as it continues to use community involvement and management by Human Services when the juvenile is not within the walls of a juvenile correctional facility.

 

After disposition there are several procedures that may occur. The juvenile's dispositional order may be extended, revised, or he/she may be sanctioned for noncompliance with supervision. Sanctions are a remedy, not a status. (Frequently the term is misused, such as someone saying, "the juvenile is on sanctions" when they really mean the juvenile has been adjudicated delinquent and is on a dispositional order.) Sanctions have remedies including up to 10 days in a secure detention facility (the equivalent of a short-term jail stay for an adult for a probation violation), loss of driving privileges, imposition of additional community service, or house arrest.

 

There are many other procedural matters peculiar to the juvenile system including the absence of jury trials, confidentiality in all but selected cases, and the strict time limits within which every procedure must occur in order to obtain a speedy resolution of the case.

 

1999 JEFFERSON COUNTY DELINQUENCY ADJUDICATIONS BY CHARGE

 

OFFENSE ADJUDICATIONS

 

Arson (other than building) 1

Battery 13

Burglary 19

Burglary – Attempted 1

Carrying a Concealed Weapon 2

Criminal Damage to Property ($1,000 or less) 45

Delivery of THC 2

Disorderly Conduct 55

Entry to a Locked Building 4

Exposing Genitals to a Child 1

False Alarms 1

Fraudulent Use of Financial Transaction Card 1

Intentional Causation of Bodily Harm to a Child 1

Misappropriation of Personal Identification 2

Negligent Handling of Burning Material 8

Obstructing/Resisting an Officer 7

Operating Motor Vehicle Without Owner's Consent – Operate 1

Operating Motor Vehicle Without Owner's Consent – Passenger 2

Operating Motor Vehicle Without Owner's Consent – Take and Drive 5

Operating Without a Valid Driver's License – Second Offense 1

Possession of Cocaine 1

Possession of Dangerous Weapon on School Premises 1

Possession of Drug Paraphernalia 4

Possession of THC 12

Receiving Stolen Property ($1,000 or less) 9

Reckless Endangerment – Second Degree 2

Reckless Use of A Weapon 1

Retail Theft 8

Sexual Assault – Fourth Degree 1

Sexual Assault of a Child – First Degree 6

Theft ($1,000 or less) 68

Theft (more than $1,000 but not more than $2,500) 1

Theft of Financial Transaction Card 2

Unlawful Use of Telephone 1

Uttering 1

 

TOTAL 290

 

JUVENILE IN NEED OF PROTECTION OR SERVICES (JIPS) CASES

 

A JIPS case is a hybrid case for matters falling between a CHIPS case and a Delinquency case. JIPS cases include those juveniles, under the age 18, who are habitually truant from school, who are uncontrollable or habitually runaway from home and the parent seeks court intervention, or who are under the age of 10 and commit a criminal offense.

 

The Dispositional alternatives for JIPS cases are understandably different from delinquencies and CHIPS cases. They can include many of the same alternatives as CHIPS cases, including out-of-home placement, but they cannot require delinquency dispositions such as placement in corrections, fines, or suspension of driving privileges. On the other hand, the sanctions available in JIPS cases are almost identical to those in delinquencies.

 

CHILD IN NEED OF PROTECTION OR SERVICES (CHIPS) CASES

 

CHIPS cases are cases where a child , under the age of 18, is in such a status as to require intervention by the County. It may be that the child has been physically or sexually abused, medically neglected, not supervised adequately, has been abandoned, or whose parent is unavailable to care for the child, among others. A child is not a neglected child merely because he/she is unkempt, wears old clothing, and lives in a ramshackle house. Poverty does not equate with neglect. The neglect must seriously endanger the child's physical health. Compare the situation of a child who is appropriately cared for in a safe environment even though he/she may not be bathed frequently enough with the child who is dirty because he/she is living in a house that is covered with pet feces, unmade beds soaked with urine, and overflowing garbage cans crawling with insects and rodents.

 

CHIPS cases come directly to Human Services from a multitude of sources including teachers, police officers, physicians, and relatives complaining about the care of a child. Human Services provides its own investigation of these matters but may do so cooperatively with law enforcement if a violation of law is involved such as, for instance, sexual abuse of a child.

 

Human Services has the same options available for proceeding with CHIPS cases as with delinquencies and must refer them to the District Attorney within 40 days. After a petition is filed the parents and child are given notice of a hearing date at which time they may make a plea. If any of the parties deny, they are entitled to a "Fact Finding Hearing" or to a Jury Trial.

 

After an admission to the petition or a finding by the judge or jury regarding the facts alleged, the matter next goes to a "Dispositional Hearing". The remedies in CHIPS cases aim at resolving the problem that resulted in the CHIPS case being brought to court. The family is most often placed on an order of supervision with conditions including counseling, evaluations, rules of conduct, and, if necessary for the child's interest, an out-of-home placement in a foster home, home of a relative, or a residential treatment facility. The primary focus of a CHIPS case at disposition is the "best interest of the child". The Dispositional Order should provide protection or services to accomplish that goal. A party under a dispositional order is subject to contempt of court for non-compliance.

 

 

 

ITEMS OF INTEREST

 

In 1999 the District Attorney's office proceeded to trial by jury in 29 cases covering 37 days of trial time. The prosecutors consistently strive for justice not only when trying cases, but in handling the significant case loads for which they are responsible. According to workload data provided by the State of Wisconsin Legislative Fiscal Bureau the Jefferson County D.A.'s office has been understaffed for the past 6 years. The prosecutors remain steadfast and undaunted in their efforts to serve the people of Jefferson County.

 

In November, 1999 the District Attorney's office filed charges of First Degree Intentional Homicide from a murder occurring in the City of Watertown in December, 1987. The charge was the result of the joint efforts of the Department of Criminal Investigation "Cold Case Unit" and the City of Watertown Police Department. The Jefferson County D.A.'s Office team responsible for the prosecution effort in State v. Knapp are Michael G. Schaefer, H. Elizabeth Kennebeck, Carla Robinson, Jean Camacho and Deb Hacht. The case pends to date with a jury trial scheduled to begin September 25, 2000.

 

A significant responsibility of the prosecutors in the District Attorney's Office includes writing briefs to be filed with the Court of Appeals and the Wisconsin Supreme Court. Thoroughly researching and persuasively drafting such formal legal documents with the higher courts demands great time and resources. The District Attorney's office in 1999 had eight appeals it was responsible for handling. In all of those appeals the County of Jefferson was not only well represented, but the District Attorney's office prevailed, including a successful brief and oral argument by District Attorney Wambach before the Wisconsin Supreme Court.

 

The District Attorney's office received grant monies again in 1999 to fund a half-time prosecutor position for the specialized unit of Crimes Against Women (CAW). That position continues to be held by Wade Newell.

 

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

 

Mrs. Frances McGinley Anderson, Administrator of Countryside Home, presented the annual report for the Home for 1999.

 

ADMINISTRATOR'S REPORT

 

The resident census for 1999 averaged 204.6 per day, compared to 217.6 per day in 1998. The total available beds on December 31, 1999 was 235; the licensed beds numbered 252. The difference between licensed and available beds is due to 17 beds being temporarily "banked" and considered unavailable for occupancy. The available bed occupancy rate was 87%.

 

The Phase II Market Analysis of the Countryside Home Strategic Plan was completed by the accounting firm of Wipfli, Ullrich, Bertelson, LLP in conjunction with Ejj Olson and Associates in June. A Steering Committee comprised of the Board of Trustees, County Board Chairman, County Administrator, Human Services Department representatives and Countryside Home staff directed the activities of the consultants for several months. The key recommendations were:

 

 

 

 

 

 

 

 

 

The estimated cost for new construction and renovation of the existing facility was $9,800,000. The RCAC facility would cost approximately $2,000,000.

 

A phased approach was recommended. The new construction of 72 skilled care beds and the Administration/Entry and Chapel was to cost approximately $5,853,000. The second phase, renovation of East and West Buildings and the Main Building, was estimated to cost $3,900,116. The first two phases were considered as one project. There were funds budgeted in 1999 for the project design. The estimated $9,000,000 needed for construction costs remained to be funded.

It was recommended that the third phase of the project (the Resident Care Apartment Complex) be reevaluated following completion of the first two phases.

 

In July, 1999 the County Board authorized the Countryside Home Board of Trustees and the Building and Insurance Committee to solicit proposals for architect and construction management services for approximately $9,000,000 of renovation and new construction. In November, 1999 the County Board approved the selection of Architecture 2000 and Voss Jorgensen Schueler in the respective roles of architect and construction management. The County Administrator was authorized to execute contracts with these firms following completion of the negotiation of the details of the contracts and subsequent to the County Board's approval to fund the project. At the November meeting, the County Administrator was also authorized to contract with Ehlers and Associates to review the costs, revenues and financing options for the project.

 

In December 1999 a resolution to amend the 2000 Budget for the purpose of funding the remodeling/construction project was brought before the County Board and tabled. There was a public hearing held at Countryside Home in January 2000 prior to that month's County Board meeting. At the January meeting, the motion to approve failed by a vote of 19-11. A two-thirds majority was required to approve the budget amendment.

 

Another significant area of activity in 1999 related to preparation for Y2K. A committee was formed and met regularly to identify potential problems and develop contingency plans. There were no significant Y2K problems.

 

The annual state surveys of the nursing home and the DD (Developmentally Disabled) Unit occurred in September. The DD Unit received no deficiencies. The nursing home received 3 minor cites regarding door latching hardware, an object in proximity to an electric panel and a partially blocked exit door.

 

Staffing the professional nurse and certified nursing assistant (CNA) positions has become a chronic problem. Starting wages for nurses with experience were adjusted to better reflect the market demands. Facility management and the union worked in partnership to advocate for "Wage Pass Through" legislation for direct care workers. This was eventually passed for CNAs only. This bill allowed for additional compensation through the Medical Assistance formula. The evening shift for the CNA position is the most significant area of vacancy.

 

In July 1997 the County Board authorized a quit claim deed to Goodwill Industries of Southeastern Wisconsin for approximately 3 acres located near Countryside Home for the purpose of building a 20-unit apartment building which was to be HUD-subsidized. The grant was not approved because the site had some contamination and the Wisconsin Department of Natural Resources required more thorough investigation. The site was cleaned up in 1998 and the DNR issued its approval in May 1999. Goodwill submitted the application again and it was approved. Construction may begin later in 2000.

 

The key areas of planned activity in 2000 are:

 

 

 

Respectfully submitted,

 

Frances McGinley Anderson, NHA

Administrator

 

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

 

Mr. Keating read Resolution No. 2000-27.

 

RESOLVED that in line with County policy regarding expenses at meetings outside the State of Wisconsin, the mileage and necessary expenses of Matthew Hanson, UW-Extension, Jefferson County Crops and Soils Agent, to attend the National Association of County Agricultural Agents Annual Meeting and Professional Improvement Conference in Jackson, Mississippi from August 6 through August 10, 2000 be allowed, but not to exceed $500.00. (Money to come from UW-Extension Account No. 68.512147.)

 

Mr. Keating moved that Resolution No. 2000-27 be adopted. Seconded and carried by the following roll call:

 

Ayes: Schreiber, Altreuter, Butler, Laudenslager, Munyon, Berg, Wilson, Wiedenhoeft, Kramer, Zimdars, Hartwig, Hoeft, Rogers, Nass, Kisow, Schmeling, Kylmanen, Thomsen, Groskopf, Weiss, Piper, Potter, Lehmann, Keating, Borland, Rupnow, Fiske, Maasz. Total 28.

 

Noes: 0.

 

Absent: Klein, Ley. Total 2.

 

Ms. Butler read Resolution No. 2000-28.

 

WHEREAS, the County Board, on November 8, 1999, authorized the Countryside Board of Trustees and the Building and Insurance Committee to utilize the services of Architecture 2000 for the purpose of $9,000,000 of renovation and new construction at Countryside Home, and

 

WHEREAS, such project subsequently was not funded, and

 

WHEREAS, the Countryside Board of Trustees wishes to explore a more limited project,

 

NOW, THEREFORE, BE IT RESOLVED that the County Administrator is authorized to contract with Architecture 2000 for reevaluation of the previous project, additional conceptual design solutions and a cost estimate for a selected solution for a sum not to exceed $25,000.

 

(Fiscal Note: The 2000 Budget for Countryside includes funds originally allocated for the unfunded project for architectural services which will be sufficient to pay for this.)

 

Ms. Butler moved that Resolution No. 2000-28 be adopted. Seconded and carried by the following roll call:

 

Ayes: Schreiber, Altreuter, Butler, Laudenslager, Munyon, Berg, Wilson, Wiedenhoeft, Zimdars, Hartwig, Hoeft, Rogers, Nass, Kisow, Schmeling, Kylmanen, Thomsen, Groskopf, Weiss, Piper, Potter, Lehmann, Keating, Borland, Maasz. Total 25.

 

Noes: Kramer, Rupnow, Fiske. Total 3.

 

Absent: Klein, Ley. Total 2.

 

Mr. Laudenslager read Ordinance No. 2000-18.

 

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

 

The ordinance providing civil service for full-time deputy sheriffs, as previously amended, is revised and amended as follows:

 

SECTION 1. PURPOSE. This ordinance is intended to bring qualified persons into County law enforcement work by a system of competitive examinations and to ensure continuity in County law enforcement work by virtue of a permanent appointment as deputy sheriff under a civil service ordinance as set forth in Sec. 59.21(8) 59.26(8) and Chapter 63, Wisconsin Statutes.

 

SECTION 2. COMMISSION. (a) There is hereby established a County Civil Service Commission with the duties, functions and authority set forth in Sec. 59.21 59.26 and Chapter 63 of the Wisconsin Statutes.

 

(b) Such Commission shall consist of five (5) members, all of whom shall be legal residents of Jefferson County. Appointments shall be made on the basis of recognized and demonstrated interest in, and knowledge of the problems of civil service. No person holding any elected or appointed public position or office of any sort in Jefferson County government shall be appointed thereon.

 

(c) The Jefferson County Administrator shall appoint members of the Commission, subject to confirmation by the County Board. The office of a commissioner shall be deemed vacant upon the happening of any of the following events:

 

(1) Death of the incumbent.

 

(2) Resignation of the incumbent in writing.

 

(3) Removal of the incumbent by the County Board.

 

(4) Ceasing to be a resident of Jefferson County.

 

(d) In the month of December of each year immediately preceding the expiration of the term of office of any such commissioner, the County Administrator shall appoint one member of such Commission to hold office for the term of five (5) years from the first day of January next succeeding the appointment and until a successor is elected and is qualified. Appointment to vacant positions shall be for the remainder of the original term.

 

(e) Each member of the Commission shall take and file the official oath.

 

(f) Each member of the Commission shall receive such compensation as the County Board shall determine.

 

(g) The Commission shall organize and elect a chairperson whose term of office shall be one (1) year and shall elect a secretary whose term of office shall be one (1) year. Such chairperson and secretary shall serve until election of a successor. The secretary shall cause the minutes of the proceedings of the Commission to be preserved in a proper record book.

 

(h) Nothing herein shall be construed as to affect the appointment or terms of the present commissioners.

 

SECTION 3. DUTIES OF THE COMMISSION. It shall be the duty of the Commission:

 

(a) To prepare and publish such rules and regulations to carry out the provisions of this ordinance as may be necessary to secure the best law enforcement service for the County.

 

(b) To receive applications and conduct examinations of applicants for positions in the Sheriff's Department of Jefferson County with such frequency as may be necessary to maintain an eligibility list sufficient to meet the needs of the Department.

 

SECTION 4. APPLICATIONS. (a) All candidates for full-time positions in the classifications of Chief Deputy, Deputy Lieutenant Captain, Deputy Sergeant II, Deputy Sergeant I, Sergeant, Detective, and Deputy Sheriff shall file a written application with the Jefferson County Administrator upon forms designated. Vacancies in classifications other than those set forth hereinabove shall be filled pursuant to the Jefferson County Personnel Ordinance, and shall not be covered by this ordinance.

 

(b) No person shall be eligible to apply for or be appointed to the positions covered by this ordinance after June 1990 unless:

 

(1) The applicant is a citizen of the United States.

 

(2) The applicant shall establish residence in Jefferson County at the time of appointment as a deputy if not a resident of Jefferson County as required by law.

 

(3) The applicant has a bachelors or associate degree in police related field/ or is a high school graduate (G.E.D. certificate acceptable) with police officer certification in the State of Wisconsin/ or is a high school graduate (G.E.D. certificate acceptable) with minimum of sixty (60) college credits or has three (3) years paid experience as a paid full-time law enforcement officer (civilian or military).

 

(4) The applicant is at least eighteen (18) years of age. with three (3) years post high school education or job experience.

 

(5) There is no specific measurement set for height and weight relationships. They shall be in proportion and shall be considered by the medical examiners in determining the applicant's physical fitness for the position.

 

(6) The applicant shall not have been convicted at any time or any place of a felony, unless the judgment or conviction has been reversed or a complete pardon has been granted.

 

(7) Visual acuity must be corrected to 20/20.

 

(8) The applicant must possess a valid Wisconsin driver's license at the time of appointment.

 

SECTION 5. EXAMINATION. (a) The Commission shall conduct competitive examinations, written and oral, for candidates who apply for positions covered by this ordinance, including persons who are currently deputy sheriffs but who wish to compete for higher classification. The Commission shall establish passing grades for each phase of examination prior to each phase thereof.

 

(b) The first stage of the testing procedure will be a written examination, administered and proctored by the Commission or its designee. The test used shall be the current test certified for use by the Commission or its designee. The tests used must be validated and job-related pursuant to the latest federal guidelines.

 

(c) The Sheriff's Department shall, upon request of the Commission, conduct an investigation to determine the character and reputation of applicants.

 

(d) The Commission may refuse to examine a candidate or, after examination, to certify a candidate as eligible who (1) is found to lack any of the established requirements for the position for which that person has applied, or (2) has intentionally made a false statement in any material fact, or (3) is addicted to the habitual use of intoxicating beverages, narcotics or dangerous drugs, or (4) has ever been convicted of a felony without a full pardon, or (5) any other sufficient fact which, because of business necessity, would be a detriment to holding the position of Deputy Sheriff.

 

(e) The Commission shall establish a certified eligibility list of candidates who meet the prerequisites of the position, and who have scored a passing grade on the written and oral examinations.

 

(f) Placement on the certified eligibility list shall be overall score, weighing the scores on the written and oral examinations equally. Preference points shall be given to veterans of any wars of the United States as provided by Sec. 63.05(2) 63.08(1)(f) and 230.16(7), Wisconsin Statutes.

 

(g) Every candidate on the eligibility list must, prior to appointment, submit to and pass a medical and physical test to be conducted by such physician or physicians as may be designated by the Commission. Such physician shall submit a statement that the applicant is of sound health and has the physical ability to perform the duties of the position to which he seeks appointment. Cost of such examination shall be borne by Jefferson County.

 

(h) Notice of the date, time and place for conducting written examinations and notice as to the open Deputy Sheriff positions, the necessary qualifications and where applications may be filed shall be published in a newspaper of County-wide circulation. Such notice shall also be given to schools within this state which confer police science degrees.

 

SECTION 6. PROMOTIONS. (a) Promotions shall be made according to this ordinance.

 

(b) For promotions to Chief Deputy, Captain, Sergeant I, Sergeant II, Sergeant and Lieutenant, Detective the written test and the oral test shall be given forty (40) percent weight each. Twenty (20) percent of the final grade shall be based on the job evaluations contained in the employee's file.

 

(c) Written test scores will not be available to the Commission prior to oral interviews. The Commission shall notify applicants of their respective scores by mail.

 

(d) Promotion Eligibility. Those eligible for promotion shall be limited as follows:

 

(1) Chief Deputy. To take the examination for promotion to Chief Deputy, the candidate must have not less than ten (10) years of service with the Sheriff's Department, and not less than five (5) years supervisory experience therein.

 

(2) Lieutenant Captain. To take the examination for promotion to Lieutenant Captain, the candidate must have not less than seven (7) years of service with the Sheriff's Department, and not less than three (3) years supervisory experience therein.

 

(3) Sergeant II Sergeant. To take the examination for promotion to Sergeant II Sergeant, a candidate must have not less than five (5) years of service with the Sheriff's Department.

 

(4) Sergeant I. Detective. To take the examination for promotion to Sergeant I or Detective, the candidate must have not less than three and one-half (3-1/2) years of service with the Sheriff's Department.

 

(e) Education – Experience Credit. (1) An associate degree in a law enforcement related field from an accredited college/university shall be deemed the equivalent of six (6) months of service.

 

(2) A bachelors degree in a law enforcement related field from an accredited college/university shall be deemed the equivalent of 18 months (1-1/2 years) of service.

 

(3) These equivalents may be used for a successful promotion to a position enumerated in (1), (2) or (3) of Section (d). Only one equivalent may be used on a one time basis only.

 

(f) At least fourteen (14) days prior to the commencement of the examination process, the Sheriff shall post a notice on the bulletin board, which notice shall identify the promotional opportunity by shift and classification, along with the salary range. Such notice shall contain the names of those persons within the Department eligible to write the promotional examination. Eligible deputies intending to participate in the examination process shall so indicate in writing by placing their signatures next to their names on the eligibility list.

 

SECTION 7. APPOINTMENTS. (a) Whenever a vacancy is to be filled, the Sheriff shall make appointments to the position from the list of applicants who are certified as eligible by the Commission. The Commission shall certify to the Sheriff the names of all persons with the three highest scores on the eligibility or promotion list, from which the Sheriff shall make his selection. If more than one vacancy is to be filled, the Commission may certify the names of all persons at the next highest score if the Commission concludes that the three highest scores do not provide a sufficiently large field of eligibles.

 

(b) Appointments by the Sheriff shall be made within twenty (20) days after receipt of the certified list from the Commission.

 

(c) Appointment as a deputy sheriff shall terminate along with all rights under this ordinance if the person so appointed ceases to reside within Jefferson County.

 

(d) Deputy sheriffs appointed according to the provisions of this ordinance shall hold office on good behavior and shall not be dismissed from such office or demoted or suspended except as provided in this ordinance.

 

(e) All full-time deputy sheriffs whose classifications are covered by this ordinance are granted civil service status which shall continue without further examination or appointment, except examination will be required when said deputy sheriff seeks a position which constitutes a promotion to a higher classification.

 

(f) The number of full-time deputy sheriffs in the classification covered by this ordinance shall be determined annually by the Jefferson County Board.

 

(g) Appointments made pursuant to this ordinance shall be probationary for a period of twelve (12) months and may be terminated by the Sheriff and the Commission acting jointly at any time during such probationary period.

 

SECTION 8. DISCIPLINARY PROVISIONS. (a) Any member of the Jefferson County Sheriff's Department covered by this ordinance may be suspended, demoted or discharged in accordance with Sec. 59.21(8)(b) 59.26(8)(b) Wisconsin Statutes.

 

(b) The grievance committee required by Sec. 59.21(8)(b) 59.26(8)(b), Wis. Stats. shall consist of the members of the Personnel Committee of the Jefferson County Board.

 

SECTION 9. GENERAL PROVISIONS. (a) No person holding the position of deputy sheriff under this ordinance shall, during the hours when he is on duty, engage in any form of political activity calculated to favor or improve the chances of any political party or any person seeking or attempting to hold political office, nor shall he engage in or appear at any political activity, gathering or profit-making function while off duty and in uniform. In the event that such deputy does appear at such gathering, activity or profit-making function off duty and in uniform, he must make a statement to those present that he is participating in such political activity on his own volition and that his presence does not indicate the support of the Jefferson County Sheriff's Department. This provision is not intended to abridge or interfere with the rights of deputies to engage in political activities during off duty hours, but rather is designed to avoid the appearance of the support of the Jefferson County Sheriff's Department for any political candidate, position or cause.

 

(b) In the event a deputy sheriff is elected Jefferson County Sheriff, his appointment as a deputy sheriff shall terminate upon his executing and filing the official bond and official oath as Sheriff, unless prior thereto, he requests in writing from the Commission a leave of absence during his term of office as Sheriff. If such leave of absence is granted, such deputy shall be reinstated in the classification of deputy sheriff upon his completion of his duties as Sheriff.

 

(c) Policies, rules, regulations and duties of the personnel in the Department shall be established by the Sheriff and incorporated in the Department's policy manual.

 

(d) The Sheriff shall prepare Department rules for the general administration and efficient operation of the Department. Such rules shall be known as the "Department Rules", and deputy sheriffs shall be required to conduct themselves in accordance with such rules. Failure so to do shall be cause for discipline.

 

(e) The following classifications are created within the Jefferson County Sheriff's Department: Chief Deputy, Lieutenant, Captain, Sergeant II, Sergeant I, Sergeant, Detective, Deputy Sheriff.

 

(f) No person in the Jefferson County Sheriff's Department, nor any person seeking admission thereto, shall be appointed, reduced in pay, removed, demoted nor in any way be favored or discriminated against because of political or religious affiliation, race, sex, creed, age, color, handicap, national origin, or ancestry.

 

(g) The rights of a deputy sheriff in military service of the United States government shall be governed by applicable federal and state laws.

 

(h) Pursuant to Sec. 59.21(8)(d) 59.26(8)(d), Wisconsin Statutes, the County Board has the power to repeal this ordinance at any time by a vote of three-fourths of the members elect.

 

(i) Persons employed in the classifications subject to this ordinance shall meet the training standards set by the Wisconsin Law Enforcement Standards Board.

 

SECTION 10. SEVERABILITY. The provisions of this ordinance are severable and provisions or sections which may hereinafter be declared to be illegal or unconstitutional shall be declared repealed and the remainder shall not be affected thereby.

 

SECTION 11. All other ordinances in conflict with this ordinance are hereby repealed.

 

SECTION 12. The pay range previously applicable to the position of Lieutenant shall be applicable to the position of Captain.

 

SECTION 13. EFFECTIVE DATE. This ordinance shall take effect upon passage and publication according to law.

 

Mr. Laudenslager moved that Ordinance No. 2000-18 be adopted. Seconded and carried by the following roll call:

 

Ayes: Schreiber, Altreuter, Butler, Laudenslager, Munyon, Wilson, Wiedenhoeft, Kramer, Zimdars, Hartwig, Hoeft, Rogers, Nass, Kisow, Schmeling, Kylmanen, Thomsen, Groskopf, Weiss, Piper, Potter, Lehmann, Keating, Borland, Rupnow, Fiske, Maasz. Total 27.

 

Noes: Berg. Total 1.

 

Absent: Klein, Ley. Total 2.

 

Mr. Lehmann read Report No. 4 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 held on May 18 and June 15, 2000 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

2164A-00, 2172A-00, 2176A-00, 2177A-00, 2178A-00, 2179A-00,

2181A-00, 2182A-00, 2183A-00, 2184A-00 and 2185A-00

 

To date, the Jefferson County Agricultural Preservation and Land Use Plan has protected 778.505 acres from development through transfer of agricultural lands and with affidavits recorded acknowledging use of all potential A-3 lots on the property. In addition, with rezonings approved but not yet finalized, 1,138.89 more acres will be protected from development since the adoption of the Jefferson County Zoning Ordinance on March 20, 2000.

 

 

Dated this Thirtieth Day of June, 2000

August Lehmann, Secretary

 

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

 

Mrs. Groskopf moved that the petition of Jane and Lloyd Schuld, Jr. (Petition No. 2176A-00) be stricken from Ordinance No. 2000-19 and sent back to Committee. Seconded and carried.

 

Mr. Lehmann read amended Ordinance No. 2000-19.

 

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

 

WHEREAS, Petition 2164A-00 had been referred to the Jefferson County Planning and Zoning Committee for public hearing on May 18, 2000, and Petitions 2172A-00, 2176A-00, 2177A-00, 2178A-00, 2179A-00, 2181A-00, 2182A-00, 2183A-00, 2184A-00 and 2185A-00 had been referred for public hearing on June 15, 2000, 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

 

Modify the original request and allow a one-acre lot from part of Parcel 08-16-07-42-001 (29 Acres) along Hustisford Road in the Town of Ixonia. The lot shall be relocated to accommodate a 66-foot strip on its south side for access to the remaining farmland. The driveway shall be shared by having it split by the new lot line. A new preliminary certified survey map shall be submitted showing these modifications. Approval is further conditioned upon receipt by Zoning of a soil test showing sites for installation of both initial and replacement private sewage systems, upon approval and recording of a final certified survey map for the lot, and upon recording of an affidavit acknowledging use of all available A-3 lots on the property. (2164A-00 – Brian and Kathryn Krueger)

 

Revise the original proposal and allow a one-acre building site on Strunk Road in the Town of Hebron. This site is part of Parcel 05-15-04-13 (20 Acres); rezoning is conditioned upon receipt by Zoning of a revised preliminary survey map showing the reduction in acreage, a soil test showing sites for installation of both initial and replacement private sewage systems for the lot, a final certified survey map and an affidavit acknowledging use of all available A-3 zoned lots on the property. (2172A-00 – Scott Hartwig)

 

Rezone two acres of Parcel 07-13-02-31 (31.3 Acres) in order to create a rural residential building site in prime ag lands along North Shore Road in the Town of Lake Mills. D. A. Sr. and D. A. Jr. Scaccianoce own the property. This action is conditioned upon receipt by Zoning of a soil test showing sites for installation of both initial and replacement private sewage systems, upon approval and recording of a final certified survey map for the lot and upon recording of an affidavit acknowledging use of all available A-3 lots on the property. (2177A-00 – Timothy and Patricia Wegner)

 

Rezone Parcel 06-13-15-44 (3 Acres) owned by Mark and Rachel Engelke, and 1.6 acres of Parcel 06-13-15-41 (41.48 Acres) owned by William Scott and Cynthia P. Ehrke. The properties are in the Town of Oakland, at N3715 Oestreich Lane. Rezoning is conditioned upon receipt by Zoning of either a transfer document for the property or a final certified survey for the enlarged lot, and for recording of an affidavit acknowledging use of all available A-3 lots on the property. (2178A-00 – Scott Ehrke and Mark Engelke)

 

Create a 3.2 acre building site from part of Parcel 06-13-28-42 (36.67 Acres) along CTH A in the Town of Oakland. This action is conditioned upon receipt by Zoning of a soil test showing sites for installation of both initial and replacement private sewage systems, upon approval and recording of a final certified survey map, and upon recording of an affidavit acknowledging use of all available A-3 lots on the property. (2179A-00 – Dean and Diane Evenson)

 

Modify the original request and allow one 2-acre prime land lot described as lot 1 on the preliminary survey. Lot 1 shall be moved south to split the existing driveway so that no new access is necessary. This action is further conditioned upon receipt by Zoning of a soil test showing sites for installation of both initial and replacement private sewage systems, upon approval and recording of a final certified survey map and upon recording of an affidavit acknowledging use of all available A-3 lots on the property. The property is located on Doepke Road in the Town of Waterloo. (2181A-00 – Jimmy and Robbie Foster)

 

Rezone 3 acres around the home at N7722 Toppe Road in the Town of Waterloo. The site is part of Parcel 08-13-28-43-001 (6.084 Acres). This action is conditioned upon approval and recording of a final certified survey map for the property. (2182A-00 – Alan Stout)

 

FROM AGRICULTURAL A-1 TO NATURAL RESOURCES

 

Create a Natural Resource zone from Parcel 06-15-42-001 (17.809 Acres) along S. Helenville Rd. in the Town of Jefferson. (2183A-00 – Lavern Fischer)

 

Create a 21-acre Natural Resource zone from part of Parcel 08-13-36-13-002 (37.997 Acres) in the Town of Waterloo along CTH G and Manske Road. (2184A-00 – Daniel and Toni Zastrow)

 

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

 

Rezone 0.65 acre of 06-16-02-41-003 (3.448 Acres) to add it to adjoining A-1 zoned land. The property is along Highland Drive in the Town of Sullivan. (2185A-00 – Raymond P. Schneider)

 

Mr. Lehmann moved that Ordinance No. 2000-19 be adopted. Seconded and carried by the following roll call:

 

Ayes: Schreiber, Altreuter, Butler, Laudenslager, Munyon, Berg, Wilson, Wiedenhoeft, Kramer, Zimdars, Hartwig, Hoeft, Rogers, Nass, Kisow, Schmeling, Kylmanen, Thomsen, Groskopf, Weiss, Piper, Potter, Lehmann, Keating, Borland, Rupnow, Fiske, Maasz. Total 28.

 

Noes: 0.

 

Absent: Klein, Ley. Total 2.

 

There being no further business, Mr. Hartwig moved that the Board adjourn. Seconded and carried at 8:30 p.m.