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

Mr. Lehmann led the Pledge of Allegiance.

A moment of silence was observed.

The County Clerk called the roll, all members being present.

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

District 3 Marvin Altreuter District 4 Yvonne R. Duesterhoeft

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, Jr.

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 Paul G. Babcock District 30 Lavern Maasz

Available Cash on Hand

April 1, 2001 $ 394,074.38

April Receipts 5,267,887.95

Total Cash $ 5,661,962.33

Disbursements

General - April 2001 $ 4,833,317.17

Payroll – April 2001 1,060,643.63

Total Disbursements $ 5,893,960.80

Total Available Cash $ (231,998.47)

Cash on Hand (in banks) May 1, 2001 $ 351,788.39

Less Outstanding Checks 583,786.86

Total Available Cash $ (231,998.47)

AIM Government & Agency Portfolio $ 3,220,344.66

Local Govt. Invest. Pool - General Funds $ 18,978,016.32

Institutional Capital Management $ 8,573,603.73

Local Government Investment Pool – Park Bond $ 825,300.67

$ 31,597,265.38

2001 Interest - Super N.O.W. Acct. $ 13,247.71

2001 Interest - L.G.I.P. - General Funds 311,411.39

2001 Interest – ICM 193,693.60

2001 Interest - AIM 57,018.08

2001 Interest – L.G.I.P. – Park Bond 3,022.04

Total 2001 Interest $ 575,370.78

JOHN E. JENSEN

JEFFERSON COUNTY TREASURER

Mr. Munyon moved that the minutes of the April 17, 2001, meeting be approved as corrected. Seconded and carried.

County Clerk Barbara Frank advised the Board she had received a request from a majority of the supervisors for a special Jefferson County Board meeting to be held on May 29, 2001, at 7:00 p.m. in Room 205 of the Jefferson County Courthouse, Jefferson, Wisconsin, for the purpose of adopting a tentative redistricting plan, and any other such business which may be appropriate at the time.

Ms. Schmeling moved that the special meeting be held as noted. Seconded and carried.

The Clerk read a letter from Representative David Ward acknowledging receipt of Jefferson County Board Resolution No. 2001-5 relating to the payment of costs of persons in jail.

The letter was ordered received and placed on file.

Barbara Frank, County Clerk, read a letter from the Wisconsin Affiliate of the National Extension Association of Family and Consumer Sciences announcing the presentation of the WEAFCS Community Partnership Award to the team of Mary Gruenewald (Jefferson County Family Living Educator), Sue Pleskac (Jefferson County 4-H Youth Development Agent) and Kris Moelter (Delinquency Prevention Council Chairperson). This team has been involved in the Jefferson County Delinquency Prevention Council. The state selection of this award has been forwarded on to the NEAFCS for national consideration.

The letter was ordered received and placed on file.

County Clerk Frank read a Notice of Public Hearing from the Zoning Committee for the hearing to be held on May 17, 2001, at 7:00 p.m.

The notice was ordered received and placed on file.

There were no dog damage claims.

The public hearing commenced regarding reapportionment plans. Speaking at the public hearing were Town of Jefferson Chairperson Harold Bockmann and Town of Jefferson Board Member Dick Schmidt. County Board Chairperson Wilson asked Andrew Erdman, Jefferson County Land Information, to address the Board. Discussion by the Board followed. The public hearing was closed.

TO THE HONORABLE CHAIRMAN AND THE JEFFERSON COUNTY BOARD OF SUPERVISORS:

Case Filing/Disposition Summary for 2000

Filed Disposed

Felony 416 384

Misdemeanors 812 837

Criminal Traffic 648 612

Traffic Forfeiture 8,378 8,364

Forfeiture Non-Traffic 946 976

TOTAL CRIMINAL/TRAFFIC FORFEITURE 11,200 11,173

Civil (Large Claims) 385 419

Divorce 369 409

Other Family (Paternities, URESAs, etc.) 266 272

Small Claims 1,511 1,517

TOTAL CIVIL CASES 2,531 2,617

Juvenile Delinquencies 187 188

Children in Need of Protection/Services 89 87

Juvenile Ordinance Violations 91 87

TOTAL JUVENILE CASES 367 362

TOTAL CASES – 2000 14,098 14,152

As illustrated on the attached charts, $1,267,910 was paid over to the State of Wisconsin for fees, including fines, penalty assessment surcharges, court fees, driver improvement surcharges, automation fees, and crime and victim fees. Paid over to Jefferson County for its share of fines and forfeitures was $655,578. A total of $15,434 was disbursed to various county municipalities as their share of municipal traffic revenues. An amount of $401,340 was transferred to the Jefferson County Sheriff's Department revenue account for county ordinance forfeitures and its share of state fines and forfeitures. Also, $14,660 was collected and paid over to the County for processing passport and occupational driver's licenses, and we netted $9,328 in interest over the course of the year. With respect to court appointed attorney (guardian ad litem, criminal, criminal traffic and juvenile counsel) fees, we expended a total of $255,732 and recouped through the efforts of our general bookkeeper a total of $182,794. A grant was received from the State of Wisconsin in the amount of $42,096 to be used towards guardian ad litem payments.

As numbers indicate, 2000 was a very busy year for the four circuit courts. The courts conducted 49 jury trials over the course of the year and 258 court trials. A total of 2,880 cases came before the courts with a stipulated agreement and 1,021 were dismissed before trial. There were 3,259 Jefferson County residents who were mailed a Juror Qualification Questionnaire, and of those sent, 1,923 were found to be eligible to serve on jury duty. This represents a summoning yield of 59.0% for Jefferson County, as compared to 55.3% for Dodge County, 58.8% for Rock County, and 47.7% for Dane County. Although there is no official standard set in Wisconsin, national experts have identified a 40% yield as a goal that a county should strive to attain in summoning jurors.

We cordially invite the Board to tour our offices and court facilities at their convenience.

Respectfully submitted,

Kenneth M. Schopen

Clerk of Circuit Court

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

Larry D. Eckert, Register of Deeds, presented the annual report for his department.

REGISTER OF DEEDS ANNUAL REPORT, YEAR ENDING 2000

TO THE HONORABLE BOARD OF SUPERVISORS, JEFFERSON COUNTY, WISCONSIN:

MEMBERS OF THE BOARD:

I hereby submit this report, showing the business transacted by the Register of Deeds Office from January 1, 2000, through December 31, 2000.

STATE: 2000 1999

Real Estate Transfer Fee $573,955.75 $544,149.99

Children's Trust Fund 13,167.00 13,286.00

Uniform Commercial Code Fees 3,894.00 4,050.00

Land Information Program 32,438.00 41,980.00

TOTAL $623,454.75 $603,465.99

COUNTY:

Real Estate Transfer Fee $143,629.15 $136,565.01

Recording and Filing Fees 119,400.00 151,434.00

Uniform Commercial Code Fees 7,111.00 7,912.00

Copy Fees, including Certified Copies 60,910.00 52,346.85

Land Information Office 64,876.00 83,960.00

TOTAL $395,926.15 $432,217.86

TOTAL STATE AND COUNTY FEES $1,019,380.90 $1,035,683.85

TOTAL REAL ESTATE DOCUMENTS RECORDED OR FILED: 16,746 21,466

VITAL RECORDS FILED:

Birth 986 983

Marriage 513 545

Death 685 654

Gratis Certified Copies to Veterans 308 342

Receipts for the monies deposited with the County Treasurer are on file in my office.

Respectfully submitted,

Larry D. Eckert

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

The annual report for the Highway Department was presented by Highway Commissioner Jeffrey Haas.

Honorable Chairperson, Vice-Chair, and County Board of Supervisors:

I am pleased to present the annual financial report for operations of the Jefferson County Highway Department. Supplementary reports are included with this report from the superintendents in charge of maintenance, construction, and shop operations. I will, therefore, try to limit my comments to an overview of 2000 and hope you take the time to read their reports and the financial information presented herein for the specific details.

Our crews performed maintenance and construction activities on the entire County and State Trunk Highway System in Jefferson County, and provided numerous services for other municipalities and units of government. This work for local units of government, that being townships, villages and cities, amounted to $1,894,475.92 in 2000. This figure compares to $1,686,819.86 in 1999, $1,966,300.28 in 1998, $1,893,430.56 in 1997, and $1,287,627.98 in 1996.

While we had a relatively mild January, February, and March in winter maintenance operations, late November and all of December was another story. Statewide, especially in the south-central and southeastern part of the State, many counties experienced heavy snowfalls and difficult driving conditions. In Jefferson County, a comparison of our statistics between 1999 and 2000 gives a flavor for the severity of this past December's weather. In December of 1999 our statistics show we received 6.5 inches of snow for the month and spent $87,670. In comparison, December of 2000 offered us 40 inches of snow and cost $246,350. That represents a 615% increase in the amount of snow and a 280% increase in costs.

On January 24, 2001, President Bush authorized FEMA (Federal Emergency Management Agency) to make Federal disaster funds available for Wisconsin. Immediately after the declaration, 11 counties were designated as eligible. Under the disaster relief program, FEMA would reimburse local and state agencies for 75 percent of the total eligible costs of equipment, contracts, and personnel overtime related to emergency services dealing with the snow for a 24 or 48-hour period. In order to be eligible, the county had to have a snow accumulation equal or greater than 90% of the county's previous record snow event. Our previous record 24-hour event was 11 inches. We, therefore, would have had to receive a minimum of 9.9 inches to be eligible, if strictly quantifiable approval methods were employed. Our greatest 24-hour accumulation in December was officially 8.8 inches. As I alluded to, if the approval process was based entirely on the numbers, we probably would have acknowledged that we did not meet the criteria and accepted the denial. In reality, discretion came into play to a large extent in some counties and, therefore, we pursued it through appeal and beyond. While we do not begrudge any county that was granted aid, we felt the case we presented for Jefferson County desired equal consideration. Joe Nehmer, as Jefferson County Emergency Management Director, and myself negotiated and argued aggressively with State and Congressional legislators and various agencies involved for as long as practical. The unfortunate bottom line is that our request and appeal was turned down for what seemed to be discretionary reasons.

Our department continued working with WisDOT on a test program utilizing new equipment and materials. The zero velocity spreaders we tested in the past two seasons continued to be used on our two Interstate trucks. While we continue to work on some mechanical problems with the manufacturer, we feel that the program will offer positive results in our county. Liquid magnesium chloride solution was used in Jefferson County as an anti-icing agent and a pre-wetting agent. The results of the anti-icing applications are very encouraging. During the past three seasons of use, we have not had any call outs for slippery bridges due to frost conditions. The use of magnesium chloride as a pre-wetting agent also shows promise.

Utilizing funding from the Local Road Improvement Program, we contracted for pulverizing and injection work on CTH "N", from CTH "B" to I-94, and on CTH "W" from STH ‘89' to Collins Road at the city limits of Jefferson. Contractors performed full depth milling of the existing pavement, graded and compacted the material, and then re-milled the top four inches and injected it with hot foamed asphalt, creating a binder mat in-place. Highway department forces then paved the roadways with a leveling and surface mat to finish the project. This process is proving to show cost and resource efficiencies. We will be monitoring the performance of the binder mat and anticipate expanded use of the technology in the future. The purchase of a roadway reclaimer for highway department use in 2000 allowed us to do the same work on a broader basis on the state, county, and municipal systems at cost savings to the taxpayers.

The segment of STH ‘89' from USH ‘18' to the City of Lake Mills was pulverized and resurfaced by a contractor under a state let bid program in 2000. We were successful working with WisDOT personnel to incorporate intersection realignment and redesign of turning lanes at the intersection of USH ‘18' and STH ‘89' west of Jefferson. This intersection was the sight of two fatal crashes in the recent years and other serious crashes resulting in injury to the motorists. Our construction forces pulverized, relayed and graded, and paved another segment of STH ‘89', from USH ‘18' to CTH "W".

We continue to improve our employee training programs each year. Our Safety Training Committee consists of management and union representatives whom meet on a regular basis. We bring outside training professionals in to put on workshops for small groups on specialized training, such as work zone traffic control and chainsaw safety. We hold an annual Safety Training Meeting for all employees in the spring, and send some employees to workshops sponsored by the UW-Extension Transportation Information Center. A new training method we started using the last two years is called a Snow Plow Driver Roadeo. This event challenges the driver's truck driving and plowing abilities, along with pre-trip inspection techniques, and a written test of CDL knowledge. The top finishers at our in-house event last year competed in a statewide competition sponsored by Aegis and the Wisconsin County Highway Association (WCHA) Summer Highway Conference in LaCrosse. This year's in-house event was just completed last week and the three top finishers will compete at the WCHA event in the Wisconsin Dells in June and the two highest finishers at that event will probably be paired up to compete at the Statewide APWA event. If the pair is skilled enough to win the APWA State event, they will win a trip to the APWA National Event.

The Space Needs Study prepared by OMNNI Associates was presented to the County Board in 2000. The study evaluated our existing facility for compliance with various State Codes and compliance regulations and gives us direction in determining the future facilities needs at our Jefferson shop. While budgetary considerations caused us to postpone the initial architectural planning and programming, we will be including it again in the 2002 budget. We look forward to working with the Building and Insurance Committee and the entire County Board to move forward with this needed project.

I appreciate the continued cooperation I have received from the Highway Committee, County Administrator Bill Hausen, and the entire County Board during the past year. With the support of Mr. Hausen and the Highway Committee, I have been serving on the Board of Directors for the Wisconsin County Highway Association (WCHA) as State Secretary since January of 2000 and will assume the role of Association President in 2002. While the commitment to the Highway Association does take me away from the office on occasion, the return on that investment has already proved to outweigh the commitment of time and will certainly continue to do so in the future. I consider myself extremely fortunate to be associated with a management and clerical staff at the highway department who are skilled and competent, allowing me to divert some of my time to the WCHA in this capacity.

If you have any specific concerns or comments, or would like additional information on highway operations, please feel free to contact me at your convenience.

Respectfully submitted,

Jeffrey L. Haas

Highway Commissioner

 

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

Mr. Keating presented the following report of the Budget Committee:

Business Development Activities: The Jefferson County Tourism Guide was printed during the first quarter. This was a $50,000 project paid with private dollars raised through advertising. A total of 50,000 copies were distributed locally as well as statewide. Also, an ad was placed in Corporate Report/Wisconsin showing industrial park lands available for development in nine cities within the County. JCEDC indicated they were satisfied with the inquiries received so far. Four prospects had interest in Jefferson County. Three were not a fit and they are still working with one prospect.

Small Business Development Assistance: JCEDC/UW Whitewater sponsored a "Launch a New Venture" entrepreneur small business training workshop. In attendance were 26. Other partners included AFL-CIO, DVR, Workforce Center, Wisconsin Department of Commerce, Lake Mills Chamber, Fort Atkinson Industrial Development Corp., and Watertown Main Street. JCEDC served 15 laid-off workers. Also presented was a fourteen-page checklist for going into business, a self-analysis guide for owning and managing your own business.

Business Retention Activities: JCEDC has a business retention committee made up of local bankers, business and educational leaders who make calls on local companies offering advice and information if requested.

Workforce Development Activities: JCEDC belongs to the Workforce Development Center Steering Committee, the Marketing Committee and the Workforce Development Focus Group, all located on Collins Road.

Community Development Activities: Home ownership, home rehabilitation and home buyer counseling are offered by the HOME Consortium, a partnership of Jefferson, Ozaukee, Washington and Waukesha Counties created to bring additional housing resources to residents. The Home Consortium meets monthly or as called.

Organizational Activities: The Budget Committee was presented with a report on "Employers with over 90 Employees in Jefferson County" and the JCEDC approved 2001 Annual Budget that is included in your agenda packet.

This was a published open meeting. No members of the press or public were in attendance. The next meeting of the Budget Committee and JCEDC is July 30, 2001.

Respectfully submitted,

Jefferson County Budget Committee

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

Mr. Maasz read Resolution No. 2001-07.

WHEREAS, Jefferson County Highway Committee, to whom was referred the petitions of the following towns, villages and cities for the construction and repair of roads and streets with county aid as provided by the Wisconsin Statutes under Section 83.14 and Section 83.03(1), reports that the following municipalities have complied with the law,

NOW, THEREFORE BE IT RESOLVED that the requests be granted as follows:

TOWN NAMES OF ROADS OR STREETS AMOUNT

Aztalan Various Town Roads $ 3,425.00

Cold Spring Various Town Roads 2,493.00

Concord Various Town Roads 5,041.00

Farmington Various Town Roads 5,656.00

Hebron Various Town Roads 3,720.00

Ixonia Various Town Roads 6,294.00

Jefferson Various Town Roads 4,422.00

Koshkonong Various Town Roads 6,720.00

Lake Mills Various Town Roads 3,737.00

Milford Various Town Roads 4,256.00

Oakland Various Town Roads 4,781.00

Palmyra Various Town Roads 3,825.00

Sullivan Various Town Roads 3,862.00

Sumner Various Town Roads 2,537.00

Waterloo Various Town Roads 3,960.00

Watertown Various Town Roads 5,661.00

Johnson Creek Various Village Streets 2,000.00

Palmyra Various Village Streets 2,000.00

Sullivan Various Village Streets 2,000.00

Fort Atkinson Various City Streets 5,654.00

Jefferson Various City Streets 3,967.00

Lake Mills Various City Streets 0.00

Waterloo Various City Streets 2,000.00

Watertown Various City Streets 0.00

$ 88,011.00

In order to receive aid set forth in the petition, funds for the entire cost of the improvements must be advanced to the County Highway Department before any work can commence. The full deposit or advance must be in the Highway office no later than June 1, 2001, following the petitioning, by orders of the Highway Committee. If the full deposit or advance is not in the Highway office by June 1, 2001, the municipality will forfeit its monies for that year.

BE IT FURTHER RESOLVED that the County Clerk be instructed to levy the sum of Eighty-eight Thousand Eleven Dollars ($88,011.00) on all taxable property, the County's share of the cost for such construction and repair work to be collected in the tax roll of 2001.

Mr. Maasz moved that Resolution No. 2001-07 be adopted. Seconded and carried by the following roll call:

Ayes: Schreiber, Klein, Altreuter, Duesterhoeft, Laudenslager, Munyon, Berg, Wilson, Wiedenhoeft, Kramer, Zimdars, Hartwig, Hoeft, Rogers, Nass, Kisow, Schmeling, Kylmanen, Thomsen, Groskopf, Ley, Weiss, Piper, Potter, Lehmann, Keating, Borland, Rupnow, Babcock, Maasz. Total 30.

Noes: 0.

Absent: 0.

Mr. Maasz read Resolution No. 2001-08.

WHEREAS, the Jefferson County Highway Committee was authorized by Resolution 2000-58, passed by the Jefferson County Board of Supervisors on November 14, 2000, to receive bids on State funded reconstruction projects, and

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

WHEREAS, such bids were received and opened on April 18, 2001, with the following results:

TOTAL CONTRACT

COMPANY BID AMOUNT

W.K. Construction Co., Inc., Middleton, WI Late Bid

Payne & Dolan, Inc., Waukesha, WI $122,744.25

NOW, THEREFORE, BE IT RESOLVED that the Jefferson County Highway Department be authorized to contract with Payne & Dolan, Inc., Waukesha, Wisconsin, for the contract bid (based on estimated quantities) in the amount of $122,744.25 for contracted services associated with the project.

Mr. Maasz moved that Resolution No. 2001-08 be adopted. Seconded and carried by the following roll call:

Ayes: Schreiber, Klein, Altreuter, Duesterhoeft, Laudenslager, Munyon, Berg, Wilson, Wiedenhoeft, Kramer, Zimdars, Hartwig, Hoeft, Rogers, Nass, Kisow, Schmeling, Kylmanen, Thomsen, Groskopf, Ley, Weiss, Piper, Potter, Lehmann, Keating, Borland, Rupnow, Babcock, Maasz. Total 30.

Noes: 0.

Absent: 0.

WHEREAS, Jefferson County is required by law to adopt and administer an ordinance requiring reclamation of nonmetallic mining sites, and

WHEREAS, such ordinance has been, as required by law, the subject of a public hearing on April 24, 2001, and review by the Department of Natural Resources,

THE JEFFERSON COUNTY BOARD OF SUPERVISORS DO ORDAIN AS FOLLOWS:

PART I – GENERAL

SECTION 1: 1.00 Title. Nonmetallic mining reclamation ordinance for the County of Jefferson.

SECTION 2: 2.00 Purpose. The purpose of this ordinance is to establish a local program to ensure the effective reclamation of nonmetallic mining sites on which nonmetallic mining takes place in Jefferson County after the effective date of this ordinance, in compliance with Chapter NR135, Wisconsin Administrative Code and Subchapter I of Chapter 295, Wisconsin Statutes.

SECTION 3: 3.00 Statutory Authority. This ordinance is adopted under authority of Section 295.13(1), Wisconsin Statutes, Section NR 135.32, Wisconsin Administrative Code, and Section 59.51, Wisconsin Statutes.

SECTION 4: 4.00 Restrictions Adopted Under Other Authority. The purpose of this ordinance is to adopt and implement the uniform statewide standards for nonmetallic mining required by Section 295.12(1)(a), Stats. and contained in Chapter NR 135, Wisconsin Administrative Code. This ordinance does not repeal, abrogate,

annul, impair or interfere with any existing rules, regulation, ordinances or permits not concerning nonmetallic mining reclamation previously adopted pursuant to other Wisconsin law.

SECTION 5: 5.00 Interpretation. In their interpretation and application, the provisions of this ordinance shall be held to be the applicable requirements for nonmetallic mining reclamation and shall not be deemed a limitation or repeal of any other power granted by the Wisconsin Statutes outside the reclamation requirements for nonmetallic mining sites required by subchapter I of Chapter 295, Wisconsin Statutes and Chapter NR 135, Wisconsin Administrative Code. Where any terms or requirements of this ordinance may be inconsistent or conflicting, the more restrictive requirements or interpretation shall apply. Where a provision of this ordinance is required by Wisconsin Statutes, or by a standard in Chapter NR 135, Wisconsin Administrative Code, and where the provision is unclear, the provision shall be interpreted to be consistent with the Wisconsin Statutes and the provisions of Chapter NR 135, Wisconsin Administrative Code.

SECTION 6: 6.00 Severability. Should any portion of this ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected.

SECTION 7: 7.00 Applicability.

7.10 Overall Applicability. The requirements of this ordinance apply to all operators of nonmetallic mining sites within the County of Jefferson operating on or commencing to operate after August 1, 200l, and as provided in Sections NR 135.02(1) and (2), Wisconsin Administrative Code except where exempted in sub. 7.20 and except for nonmetallic mining sites located in a city, village or town within Jefferson County that has adopted an ordinance pursuant to Section 295.14, Wisconsin Statutes, and Section NR 135.32(2), Wisconsin Administrative Code.

7.20 Exemptions. This ordinance does not apply to the exempt activities listed in Section NR 135.02(3), Wisconsin Administrative Code.

SECTION 8: 8.00 Administration. The provisions of this ordinance shall be administered by the Jefferson County Land & Water Conservation Department.

SECTION 9: 9.00 Effective Date. The provisions of this ordinance shall take effect on June 1, 2001.

SECTION 10: 10.00 Definitions. All definitions for the purposes of this ordinance are those contained in Section NR 135.03, Wisconsin Administrative Code.

PART II STANDARDS

SECTION 11: 11.00 Standards. All nonmetallic mining sites subject to this ordinance shall be reclaimed in conformance with the standards contained in Subchapter II of Chapter NR 135, Wisconsin Administrative Code.

PART III PERMITTING

SECTION 12: 12.00 Nonmetallic Mining Reclamation Permit Application.

12.10 Required Submittal. The operator of any nonmetallic mining sites that operate on or after August 1, 2001, shall apply for a reclamation permit from Jefferson County. All reclamation permit applications under this section shall be accompanied by the information required by Section NR 135.18(3), Wisconsin Administrative Code.

12.20 Existing Mines. The operator of any existing nonmetallic mine shall apply for an automatic reclamation permit from Jefferson County by providing the information required by Section NR 135.18(1), Wisconsin Administrative Code and the submittals required under sub. 12.10 no later than August 1, 2001, to the Jefferson County Land & Water Conservation Department.

12.30 New Mines. The operator of any nonmetallic mine site that engages in or plans to engage in nonmetallic mining that will begin operations after August 1, 2001, or which has not applied for an automatic reclamation permit pursuant to sub. 12.20 shall submit an application that meets the requirements of Section NR 135.18.(2), Wisconsin Administrative Code and the submittals required under sub. 12.10 to Jefferson County Land & Water Conservation Department prior to beginning operations. This application shall be accompanied by a plan review fee as specified in s. 26.

SECTION 13: 13.00 Reclamation Plan.

13.10 Reclamation Plan Requirements. All operators of nonmetallic mining sites subject to this ordinance shall prepare and submit a reclamation plan that meets the requirements of Section NR 135.19, Wisconsin Administrative Code.

13.20 Existing Mines. The operator of any nonmetallic mining site that submits an automatic permit application in conformance with sub. 12.20 shall submit the reclamation plan required by sub. 13.10 by June 1, 2003. The deadline may be a date certain, established in the ordinance, for all or certain classes of mines, or it may be extended administratively after the applications per sub. 12.20 have been received, based on consideration of:

•the time needed for the mine operator to prepare the reclamation plan or amend an existing plan,

•the needs of Jefferson County to distribute workload in reviewing reclamation plans, and

•other relevant factors.

13.30 New Mines. The operator of any nonmetallic mining site that applies for a permit in conformance with sub. 12.30 shall submit the reclamation plan required by sub. 13.10 with its application for a reclamation permit.

13.40 Existing Plans and Approvals. To avoid duplication of effort, the reclamation plan required by sub. 13.10 may, by reference, incorporate existing plans or materials that meet the requirements of this ordinance. Previous approvals for nonmetallic mining sites that apply in accordance with sub. 12.20 shall satisfy the requirements of sub. 13.10 if they meet the requirements of Section NR 135.21(1)(d), Wisconsin Administrative Code.

13.50 Approval of Reclamation Plan. Jefferson County shall approve, conditionally approve or deny the reclamation plan submitted under this section in writing as part of permit issuance pursuant to sub. 16.20 for existing mines and sub. 16.40 for new mines. Conditional approvals of reclamation plans shall be made according to sub. 16.70, and denials of reclamation plans made according to s. 17. The operator shall keep a copy of the reclamation plan required by this section, once approved by Jefferson County under this ordinance, at the mine site or, if not practicable, at the operator's nearest office or place of business.

SECTION 14: 14.00 Financial Assurance.

14.10 Financial Assurance Requirements. All operators of nonmetallic mining sites in Jefferson County shall prepare and submit a proof of financial assurance of successful reclamation that meets the requirements of Section NR 135.40, Wisconsin Administrative Code.

14.20 Existing Mines. The operator of any nonmetallic mining site that submits an automatic permit application in conformance with sub. 12.20 shall submit the financial assurance required by sub. 14.10 by June 1, 2003. The deadline may be a date certain, established in the ordinance, for all or certain classes of mines, or it may be extended administratively after the applications per sub. 12.20 have been received, based on consideration of:

•the time needed for the mine operator to prepare the reclamation plan or amend an existing plan,

•the needs of Jefferson County to distribute workload in reviewing reclamation plans, and

•other relevant factors.

14.30 New Mines. The operator of any nonmetallic mining site that applies for a reclamation permit in conformance with sub. 12.30 shall submit the proof of financial assurance required by sub. 14.10 as specified in the reclamation permit issued to it under this ordinance.

14.40 Public Nonmetallic Mining. The financial assurance requirements of this section do not apply to nonmetallic mining conducted by the State of Wisconsin, a state agency, board, commission or department, or a municipality.

SECTION 15: 15.00 Public Notice and Right of Hearing.

15.10 New Mines. Jefferson County shall provide public notice and the opportunity for a public informational hearing as set forth in Sections NR 135.20(1) and (2), Wisconsin Administrative Code for any nonmetallic mining site for which a complete reclamation permit application that satisfies sub. 12.30 is received.

15.20 Existing Mines. No public notice or informational hearing is required on an application for a reclamation permit for an existing mine that satisfies sub. 12.20, except as provided in Section NR 135.20(4)(c), Wisconsin Administrative Code.

15.30 Local Transportation-Related Mines. No public notice of informational hearing is required for a nonmetallic mining reclamation permit issued to a local transportation-related mine pursuant to sub. 16.50.

SECTION 16: 16.00 Issuance of a Nonmetallic Mining Reclamation Permit.

16.10 Permit Required. Every operator of a nonmetallic mining site in Jefferson County who engages in or plans to engage in nonmetallic mining after September 1, 2001, shall obtain a reclamation permit issued under this section, except nonmetallic mining sites exempt from this ordinance as provided in sub. 7.20. No person may engage in nonmetallic mining or nonmetallic mining reclamation after September 1, 2001, without a reclamation permit issued pursuant to this ordinance.

16.20 Automatic Permit for Existing Mines. Jefferson County shall issue an automatic reclamation permit to the operator of any nonmetallic mining that submits an application meeting the requirements of sub. 12.20 as set forth in Section 135.21 (1), Wisconsin Administrative Code. The automatic permit shall be issued within 30 days of such application.

16.30 Evaluation of Follow-up Submittals for Existing Mines. Mines covered by automatic permits issued under sub. 16.20 shall submit a reclamation plan in accordance with sub. 13.20 and proof of financial assurance in accordance with sub. 14.20 by the deadlines established in those subsections. Reasonable extensions to these deadlines may be granted in writing by Jefferson County where extenuating circumstances exist. The follow-up submittals required by this subsection shall be evaluated using the criteria and procedures in Sections NR 135.21(1)(d), (e) and (f), Wisconsin Administrative Code.

16.40 Permit Issuance for New Mines. Applications for reclamation permits for nonmetallic mining sites not permitted under sub. 16.20 that satisfy sub. 12.30 shall be issued a reclamation permit or otherwise acted on as provided in Section NR 135.21(2), Wisconsin Administrative Code. The permit shall require compliance with a reclamation plan submitted by the applicant that conforms with sub. 13.30, and provision by the applicant of financial assurance that conforms with sub. 14.30 payable to Jefferson County prior to beginning mining.

16.50 Automatic Permit for Local Transportation-Related Mines. Jefferson County shall issue an automatic permit under this subsection for any borrow site operated to provide material for a locally-administered transportation project that meets the criteria in Section NR 135.23(1)(a), Wisconsin Administrative Code. This automatic permit shall be issued according to the provisions of Sections NR 135.23(1)(b) through (j), Wisconsin Administrative Code.

16.60 Expedited Review. Any operator of a nonmetallic mining site may obtain an expedited review of a reclamation permit application by paying the expedited review fee specified in s. 25.20. The expedited review shall be carried out according to the provisions of Section NR 135.23(2), Wisconsin Administrative Code. Such expedited review shall not waive, shorten or otherwise affect the public notice and right of hearing pursuant to s. 15.

16.70 Permit Conditions. Permits issued under this section may include conditions as provided in Section NR 135.21(3), Wisconsin Administrative Code. One required condition shall be that new mines shall obtain financial assurance prior to beginning mining pursuant to Section NR 135.40, Wisconsin Administrative Code.

SECTION 17: 17.00 Permit Denial. An application for a nonmetallic mining reclamation permit shall be denied if any of the factors specified in Section NR 135.22, Wisconsin Administrative Code exist.

SECTION 18: 18.00 Alternative Requirements.

18.10 Scope of Alternative Requirements Approval. An operator of a nonmetallic mining site may request an alternative requirement to any reclamation standard established in s. 11.00. Such a request may be made only on the basis of the criteria set forth in Section NR 135.26(1), Wisconsin Administrative Code.

18.20 Procedures. The operator of a nonmetallic mining site requesting an alternate requirement in sub. 18.10 shall demonstrate all the criteria in Section NR 135.26(1), Wisconsin Administrative Code. This shall be submitted in writing to the Jefferson County Zoning Board of Adjustment.

18.30 Transmittal of Decision on Request for Alternate Requirements. The decision on a request for alternative reclamation requirements shall be in writing to the applicant and shall include documentation of why the alternative requirement was or was not approved.

18.40 Notice to Wisconsin Department of Natural Resources. Jefferson County shall provide notice to the Wisconsin Department of Natural Resources as provided in Section NR 135.26(3)(a), Wisconsin Administrative Code.

SECTION 19: 19.00 Permit Duration. A nonmetallic mining reclamation permit issued under this ordinance shall last through operation and reclamation of the nonmetallic mining site, unless suspended or revoked pursuant to sub. 32.20, or as limited under Section NR 135.27, Wisconsin Administrative Code where the mine operator is not the landowner.

SECTION 20: 20.00 Permit Transfer. A nonmetallic mining reclamation permit issued under this ordinance shall be transferred to a new owner or operator upon satisfaction of the conditions in Section NR 135.28, Wisconsin Administrative Code.

SECTION 21: 21.00 Previously Permitted Sites. For any nonmetallic mining site which had a reclamation permit previously issued pursuant to Chapter NR 135, Wisconsin Administrative Code that becomes subject to reclamation permitting authority of Jefferson County the previously-issued municipal reclamation permit's terms and conditions shall remain in force until they can be modified by Jefferson County pursuant to sub. 23.10.

SECTION 22: 22.00 Review. Any permitting decision or action made by Jefferson County under this ordinance may be reviewed as set forth in Section NR 135.30, Wisconsin Administrative Code by Jefferson County Zoning Board of Adjustment.

PART IV- ADMINISTRATION

SECTION 23: 23.00 Permit Modification.

23.10 By Jefferson County. A nonmetallic mining reclamation permit issued under this ordinance may be modified by Jefferson County if it finds that, due to changing conditions, the nonmetallic mining site is no longer in compliance with this ordinance. Such modification shall be by an order conforming with the procedures in s. 32 and as provided in Section NR135.24(1), Wisconsin Administrative Code.

23.20 At the Operator's Option. If operator of any nonmetallic mine that holds a reclamation permit issued under this ordinance desires to modify such permit or reclamation plan approved under this ordinance, it may request such modification by submitting a written application for such modification to Jefferson County. The application for permit or plan modification shall be acted on using the standards and procedures of this ordinance.

23.30 Required by the Operator. The operator of any nonmetallic mine that holds a reclamation permit issued under this ordinance shall request a modification of such permit if required under the circumstances set out in Section NR 135.27, Wisconsin Administrative Code. Such application for permit modification shall be acted on using the standards and procedures of this ordinance.

23.40 Review. All actions on permit modifications requested or initiated under this section are subject to review under s. 22.

SECTION 24: 24.00 Permit Suspension or Revocation.

24.10 Grounds. Jefferson County may suspend or revoke a nonmetallic mining reclamation permit issued pursuant to this ordinance if it finds any of the grounds listed in Section NR 135.25(1), Wisconsin Administrative Code.

24.20 Procedures. If Jefferson County finds grounds for suspending or revoking a nonmetallic mining reclamation permit set forth in sub. 25.10, it may issue a special order suspending or revoking such permit as set forth in sub. 32.20.

24.30 Consequences. The consequences of a reclamation permit suspension or revocation order under sub. 24.20 shall be as set forth in Sections NR 135.25(2) and (3), Wisconsin Administrative Code.

SECTION 25: 25.00 Annual Operator Reporting.

25.10 Contents and Deadline. Annual reports shall be submitted by the operators of nonmetallic mining sites that satisfy the requirements of Section 135.36, Wisconsin Administrative Code. These reports shall be for reclamation during a calendar year, and submitted in writing within 60 days of the end of each calendar year to: the Jefferson County Land & Water Conservation Department. Annual reports shall be submitted until reclamation at each nonmetallic mining site is certified as complete under sub. 29.30.

25.20 Inspection in Lieu of Report. Jefferson County may, at its discretion, obtain the information required in sub. 25.10 by written documentation of an inspection it completes during a calendar year, as set forth in Section NR 135.36(4), Wisconsin Administrative Code.

25.30 Retention of Annual Reports. Annual reports submitted under this section or inspection records that replace them shall be retained by Jefferson County for at least 10 years after the calendar year to which they apply. These records, or accurate copies of them, shall be made available to the Wisconsin Department of Natural Resources upon request or during its inspection or audit activities carried out pursuant to Chapter NR 135, Wisconsin Administrative Code

SECTION 26: 26.00 Plan Review Fees.

26.10 Amount and Applicability. A person who intends to operate a nonmetallic mining site for which a permit application has been submitted under sub. 12.30 shall submit a non-refundable plan review fee as set forth in NR 135.39(5) Table 4. No plan review fee may be assessed under this section for any nonmetallic mine site for which an application for an automatic reclamation permit is submitted that meets the requirements of sub. 12.20 or for any local transportation-related mine issued an automatic permit under sub. 16.50. A separate plan review fee shall be paid under this section for any modification to an existing reclamation plan submitted pursuant to s. 23.

26.20 Expedited Plan Review. A person who intends to operate a nonmetallic mining site for which a permit application has been submitted under sub. 12.30 may obtain expedited reclamation plan review by paying a fee of twice the amount set forth in 26.10.

26.30 Relation to Annual Fee. Any reclamation plan review fee or expedited reclamation plan review fee collected under this section shall be added to and collected as part of the first annual fee collected under s. 27.

SECTION 27: 27.00 Annual Fees.

27.10 Due Date. Fees paid under this section shall include both a share for the Wisconsin Department of Natural Resources under sub. 27.20 and a share for Jefferson County under sub. 27.30 that equals as closely as possible the costs of examination and approval on nonmetallic mining reclamation plans and the inspection of nonmetallic mining reclamation sites. These fees shall be calculated based on amount of unreclaimed areas of each site, as defined in Section NR 135.39(1), Wisconsin Administrative Code and according to its provisions. Such fees apply to a calendar year or any part of a year in which nonmetallic mining takes place, until final reclamation is certified as complete under s. 29. Fees shall be paid no later than December 31 before the year for which they apply.

27.20 Wisconsin Department of Natural Resources Share of Fee. Fees paid under this section shall include a share for the Wisconsin Department of Natural Resources equal to the amount specified in Section NR 135.39(3), Wisconsin Administrative Code. For sites on which no nonmetallic mining has taken place during a calendar year, fees to be paid under this section for the following year shall be $15.00. The County shall remit the DNR share by March 31 of the year for which the fee is collected.

27.30 Jefferson County's Share of Fee. Fees paid under this section shall also include an annual fee due to Jefferson County which shall be as set forth in NR 135.39(4) Table 3.

SECTION 28: 28.00 Regulatory Reporting and Documentation.

28.10 Reporting. Jefferson County shall send an annual report to the Wisconsin Department of Natural Resources including the information required by Section NR 135.37, Wisconsin Administrative Code.

28.20 Documentation. Jefferson County shall, to the best of its ability, maintain the information set forth in Section NR 135.47(3), Wisconsin Administrative Code, and make it available to the Wisconsin Department of Natural Resources for the agency's audit of Jefferson County's reclamation program pursuant to Section NR 135.47, Wisconsin Administrative Code.

SECTION 29: 29.00 Completed Reclamation – Reporting, Certification and Effect.

29.10 Reporting. The operator of a nonmetallic mining site may certify completion of reclamation for a portion or all of the nonmetallic mining site pursuant to a reclamation plan prepared and approved pursuant to this ordinance and Chapter NR 135, Wisconsin Administrative Code.

29.20 Reporting of Interim Reclamation. The operator of a nonmetallic mining site may report completion of interim reclamation as specified in the reclamation plan for the site prepared and approved pursuant to this ordinance and Chapter NR 135, Wisconsin Administrative Code. Reporting of interim reclamation shall be done according to the procedures in sub. 29.10.

29.30 Certification of Completed Reclamation. Jefferson County shall inspect a nonmetallic mining site for which reporting of reclamation or interim reclamation has been submitted pursuant to this subsection within 60 days of receipt, and make a determination in writing in accordance with Section NR 135.40(7)(c), Wisconsin Administrative Code. If it is determined that interim or final reclamation is complete, including revegetation as specified in a plan that conforms with s. 13, Jefferson County shall issue the mine operator a written certificate of completion.

29.40 Effect of Completed Reclamation. If reclamation is certified by Jefferson County as complete under sub. 29.30 for part or all of a nonmetallic mining site, then:

1. No fee shall be assessed under s. 27 for the area so certified.

(2) The financial assurance required by s. 14 shall be released.

(3) For sites which are reported as interim reclaimed under sub. 29.20 and so certified under sub. 29.30, financial assurance for reclaiming the certified area shall be reduced.

 

29.50 Effect of Inaction Following Report of Completed Reclamation. If no written response as required by sub. 29.30 for an area of the mine site reported as reclaimed or interim reclaimed is given with 60 days of receiving such request, any annual fee paid to Jefferson County for said area under s. 27 shall be refunded.

SECTION 30: 30.00 Permit Termination. When all final reclamation required by a reclamation plan conforming to s. 13 and required by this ordinance is certified as complete pursuant to s. 28, Jefferson County shall issue a written statement to the operator of the nonmetallic mining site, thereby terminating the reclamation permit.

SECTION 31: 31.00 Right of Entry and Inspection. For the purpose of ascertaining compliance with the provisions of Subchapter 1 of Chapter 295, Wisconsin Statutes, Chapter NR 135, Wisconsin Administrative Code, or this ordinance, any authorized officer, agent, employee or representative of Jefferson County may inspect any nonmetallic mining site subject to this ordinance as provided in Section 295.17(1), Wisconsin Statutes and Section NR 135.42, Wisconsin Administrative Code.

PART V – ENFORCEMENT

SECTION 32: 32.00 Orders and Citations.

32.10 Enforcement Orders. Jefferson County may issue orders as set forth in Section 295.19(1)(a), Wisconsin Statutes to enforce Subchapter I of Chapter 295, Wisconsin Statutes, Chapter NR 135, Wisconsin Administrative Code, this ordinance, a permit issued pursuant to this ordinance or a reclamation plan required by s. 13 and a permit issued under this ordinance. A violation of this ordinance, an order or permit issued pursuant to this ordinance or a reclamation plan required by s. 13 and a permit issued under this ordinance shall be considered a violation of Subchapter I of Chapter 295, Wisconsin Statutes and Chapter NR 135, Wisconsin Administrative Code.

32.20 Special Orders. Jefferson County may issue a special order as set forth in Sections 295.19(1)(b) and(c), Wisconsin Statutes suspending or revoking a nonmetallic mining reclamation permit pursuant to s. 24, or directing an operator to immediately cease an activity regulated under Subchapter I of Chapter 295, Wisconsin Statutes, Chapter NR 135, Wisconsin Administrative Code or this ordinance until the necessary plan approval is obtained.

32.30 Review of Orders. An order issued under sub. 32.10 or sub. 32.20 may be reviewed as provided in Section NR 135.43(2), Wisconsin Administrative Code.

32.40 Citations. Jefferson County may issue a citation under s. 66.0113, Stats. to collect forfeitures or take any other required action needed to enforce Subchapter I of Chapter 295, Wisconsin Statutes, Chapter NR 135, Wisconsin Administrative Code, this ordinance, a permit issued pursuant to this ordinance or a reclamation plan required by s. 13 and a permit issued under this ordinance. The issuance of a citation under this subsection shall not preclude proceeding under any other ordinance or law relating to the same or any other matter. Proceeding under any other ordinance or law relating to the same or any other matter shall not preclude the issuance of a citation under this subsection.

32.50 Enforcement. Jefferson County may submit any order issued under s. 32 to the district attorney, the corporation counsel, the municipal attorney or the attorney general for enforcement as provided in Section 295.19(1)(d), Wisconsin Statutes.

SECTION 33: 33.00 Penalties. Any violation of Subchapter I of Chapter 295, Wisconsin Statutes, Chapter NR 135, Wisconsin Administrative Code, this ordinance, a permit issued pursuant to this ordinance or a reclamation plan required by s. 13 and a permit issued under this ordinance may result in forfeitures as provided in Section 295.19(3), Wisconsin Statutes, which penalties are adopted herein by reference.

This ordinance shall be effective upon passage and publication.

Mr. Zimdars moved that Ordinance No. 2001-03 be adopted. Seconded and carried by the following roll:

Ayes: Schreiber, Klein, Altreuter, Duesterhoeft, Laudenslager, Munyon, Berg, Wilson, Wiedenhoeft, Kramer, Zimdars, Hartwig, Hoeft, Rogers, Nass, Kisow, Schmeling, Kylmanen, Thomsen, Groskopf, Ley, Weiss, Piper, Potter, Lehmann, Keating, Borland, Rupnow, Babcock, Maasz. Total 30.

Noes: 0.

Absent: 0.

Mr. Hartwig read Resolution No. 2001-09.

WHEREAS, each year The Congress and President of the United States designate the week in May containing Peace Officers' Memorial Day as National Police week, and

WHEREAS, the members of the law enforcement agencies of Jefferson County play an essential role in safeguarding the rights and freedoms of the citizens of Jefferson County, and

WHEREAS, it is important that all citizens know and understand the duties, responsibilities, hazards, and sacrifices of their law enforcement officers, and that members of our law enforcement agencies recognize their duty to serve the people by safeguarding life and property, by protecting them against violence and disorder, and by protecting the innocent against deception and the weak against oppression, and

WHEREAS, the Jefferson County Board of Supervisors, call upon all citizens of Jefferson County and upon all patriotic, civic and educational organizations to observe the week of May 13-19, 2001, as National Police Week with appropriate ceremonies and observances in which all of our people may join in commemorating law enforcement officers, past and present, who by their faithful and loyal devotion to their responsibilities, have rendered dedicated service to their communities and, in so doing, have established for themselves an enviable and enduring reputation for preserving the rights and security of all citizens, and

WHEREAS, the men and women of our law enforcement community unceasingly provide a vital public service, and

WHEREAS, we call upon all citizens of Jefferson County to observe May 17, 2001, as Peace Officers' Memorial Day in honor of those law enforcement officers who, through their courageous deeds, have made the ultimate sacrifice in service to their community or have become disabled in the performance of duty, and let us recognize and pay respect to the survivors of our fallen heroes.

NOW, THEREFORE, BE IT RESOLVED that the Jefferson County Board proclaim May 17^th Law Enforcement Day in Jefferson County.

Mr. Hartwig moved that Resolution No. 2001-09 be adopted. Seconded and carried.

WHEREAS, Jefferson County hereby requests assistance for the purpose of acquiring aids to navigation and regulatory markers as described in the Wisconsin Waterways Commission Application, and

WHEREAS, Jefferson County has budgeted a sum sufficient to acquire the navigation and regulatory markers as described in said application,

NOW, THEREFORE, BE IT RESOLVED that Orval Quamme, Sheriff, or his designee is hereby authorized to act on behalf of Jefferson County to submit an application to the Wisconsin Waterways Commission for financial assistance, sign necessary documents and take such action as necessary to complete the approved project.

BE IT FURTHER RESOLVED that Jefferson County will comply with applicable state and federal rules for this program.

Mr. Hartwig moved that Resolution No. 2001-10 be adopted. Seconded and carried by the following roll call:

Ayes: Schreiber, Klein, Altreuter, Duesterhoeft, Laudenslager, Munyon, Berg, Wilson, Wiedenhoeft, Kramer, Zimdars, Hartwig, Hoeft, Rogers, Nass, Kisow, Schmeling, Kylmanen, Thomsen, Groskopf, Ley, Weiss, Piper, Potter, Lehmann, Keating, Borland, Rupnow, Babcock, Maasz. Total 30.

Noes: 0.

Absent: 0.

WHEREAS, prairie restoration requires cropping in a certain pattern and may require additional economic inputs to properly prepare the ground for prairie restoration, and

WHEREAS, crops in the park may be subject to other risks from park uses, and

WHEREAS, David Korth is familiar with the crop history of the lands in Korth Park and wishes to assist in the restoration of prairie on that site,

NOW, THEREFORE, BE IT RESOLVED that the Parks Committee may enter into a three year lease with David Korth for a crop rotation and prairie seeding as determined by the County at the rate of $85 per acre for acres to be planted to corn or soybeans and $50 per acre for the alfalfa fields.

Mr. Kisow moved that Resolution No. 2001-11 be adopted. Seconded.

Resolution No. 2001-11 carried by the following roll call:

Ayes: Schreiber, Klein, Altreuter, Duesterhoeft, Laudenslager, Munyon, Berg, Wilson, Wiedenhoeft, Kramer, Zimdars, Hartwig, Hoeft, Rogers, Nass, Kisow, Schmeling, Kylmanen, Thomsen, Groskopf, Ley, Weiss, Piper, Potter, Lehmann, Keating, Borland, Rupnow, Babcock, Maasz. Total 30.

Noes: 0.

Absent: 0.

Mr. Keating read Resolution No. 2001-12.

WHEREAS, the Personnel Committee, County Administrator, Personnel Manager, Corporation Counsel and the County's negotiating consultant have met collectively with Jefferson County Highway Department AFSCME Local 655 to negotiate proposed contract changes effective December 31, 2000, and

WHEREAS, after several negotiation sessions and mediation the following two year tentative agreement has been reached with and ratified by Local 655:

1. Jefferson County shall continue the current health insurance program as modified in the WPS contract.

2. The contract shall be from January 1, 2001, through December 31, 2002.

3. County agrees that the use of seasonal employees will not deprive bargaining unit employees of higher rated pay assignments.

4. Clarify time off provisions for death of family members.

5. Establish a volunteer call list for overtime assignments.

6. Provide step-up pay after 4 hours (previously 8) in a different position.

7. Provide an additional 5% pay to employees designated temporary lead workers.

8. Provide 5% additional pay to employees assigned to work on I-94.

9. Assign 4 existing mechanics to a new position designated Mechanic II. Reallocate 3 positions to different pay ranges.

10. Create a Section 125 Plan (flexible benefit plan) where employees may purchase at their own expense disability insurance, increased life insurance or such other benefits as may be available through a Section 125 Plan.

11. Wage schedules to be adjusted 3% effective December 31, 2000; 3% December 30, 2001.

WHEREAS, it is the recommendation of the Personnel Committee that the proposed collective bargaining agreement be approved,

Mr. Berg moved to amend #1 of Resolution No. 2001-12 to require County employees to pay a portion of their health insurance premiums. It was explained by Corporation Counsel Ristow that this Resolution was to ratify the contract terms and was to either be accepted or rejected as a whole and was not subject to amendment. No action on the amendment was taken.

Resolution No. 2001-12 carried by the following roll call:

Ayes: Schreiber, Klein, Altreuter, Duesterhoeft, Laudenslager, Munyon, Wilson, Wiedenhoeft, Kramer, Zimdars, Hartwig, Hoeft, Rogers, Nass, Kisow, Schmeling, Kylmanen, Thomsen, Groskopf, Ley, Weiss, Piper, Potter, Lehmann, Keating, Borland, Rupnow, Babcock, Maasz. Total 29.

Noes: Berg. Total 1.

Absent: 0.

Mr. Keating read Resolution No. 2001-13.

WHEREAS, the Personnel Committee recommends and supports the following:

1. Non-represented employees receive an adjustment to their salaries of 3% effective December 31, 2000, and 3% on December 30, 2001.

2. Jefferson County agrees to continue the current health insurance program as modified in the WPS contract.

NOW, THEREFORE, BE IT RESOLVED that the County Board of Supervisors hereby approves the recommendations of the Personnel Committee effective May 8, 2001.

Mr. Keating moved that Resolution No. 2001-13 be adopted. Seconded and carried by the following roll call:

Ayes: Schreiber, Klein, Altreuter, Duesterhoeft, Laudenslager, Munyon, Wilson, Wiedenhoeft, Zimdars, Hartwig, Hoeft, Rogers, Nass, Kisow, Schmeling, Kylmanen, Thomsen, Groskopf, Ley, Weiss, Piper, Potter, Lehmann, Keating, Borland, Rupnow, Babcock, Maasz. Total 28.

Noes: Berg. Total 1.

Absent: Kramer. Total 1.

Mr. Keating read Resolution No. 2001-14.

WHEREAS, this change is being requested to meet several important needs. The primary responsibility will be to develop, plan, implement and supervise the activity programming for group and individual activities for residents on the dementia/special care unit, and

WHEREAS, after due consideration, the Personnel Committee approves the request of the Countryside Board of Trustees and recommends County Board approval.

NOW, THEREFORE, BE IT RESOLVED that the 2001 County Budget setting forth the position allocations at Countryside Home be and is hereby amended to eliminate one Activity Therapy Assistant position and approve one Certified Activity/Recreation position pending the completion of a job description and grade placement.

Mr. Keating moved that Resolution No. 2001-14 be adopted. Seconded and carried by the following roll call:

Ayes: Schreiber, Klein, Altreuter, Duesterhoeft, Laudenslager, Munyon, Berg, Wilson, Wiedenhoeft, Zimdars, Hartwig, Hoeft, Rogers, Nass, Kisow, Schmeling, Kylmanen, Thomsen, Groskopf, Ley, Weiss, Piper, Potter, Lehmann, Keating, Borland, Rupnow, Babcock, Maasz. Total 29.

Noes: 0.

Absent: Kramer. Total 1.

Mr. Nass advised the Board that he would not move for adoption of the proposed resolution on the agenda establishing a moratorium on development of Jefferson County wetlands, given that the State had just passed legislation on this matter.

REPORT

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 August 17, 2000, March 15, 2001, and April 19, 2001, 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

2206A-00, 2312A-01, 2316A-01, 2319A-01, 2320A-01, 2321A-01, 2325A-01, 2326A-01, 2327A-01,

2329A-01, 2330A-01 and 2331A-01

DENIAL OF PETITION 2315A-01

David Kumbier filed Petition 2315A-01 to allow for an A-2 zone and mini-warehousing on Gopher Hill Road on property owned by Loeb Investment Co. This request is recommended for denial due to the Town of

Watertown's veto, due to the poor soils at the site, and because agricultural uses are to be maintained in an urban service area until such time as public services are available to the site.

DATED THIS FIRST DAY OF MAY, 2001

August Lehmann, Secretary

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

Mr. Lehmann presented Ordinance No. 2001-04, and because of its length, moved to suspend the vocal reading of the same.

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

WHEREAS, Petition 2206A-00 was referred to the Jefferson County Planning and Zoning Committee for public hearing on August 17, 2000, Petition 2312A-01 was referred for public hearing on March 15, 2001, and Petitions 2316A-01, 2319A-01, 2320A-01, 2321A-01, 2325A-01, 2326A-01, 2327A-01, 2329A-01, 2330A-01 and 2331A-01, and

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

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

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

Create a 2-acre non-prime and a 1-acre prime ag land lot on Kuhl Road from part of PINs 018-0713-0431-000 (41.19 acres) and 018-0713-0434-002 (15.768 acres). The sites are in the Town of Lake Mills. Rezoning is conditioned upon road access approval by the Town of Lake Mills, upon receipt by Zoning of a soil test for each lot showing sites for installation of both initial and replacement private sewage systems, upon recording of an affidavit acknowledging use of all available A-3 zones for the property, and upon approval and recording of a final certified survey map for the property. (2206A-00 – Ray Krek)

Rezone 2-acres of PIN 008-0715-2024-000 (40 acres) to create a new residential building site along Ambrose Road in the Town of Farmington. This is considered a prime land lot utilizing all available A-3 zones for the property. Therefore, rezoning is conditioned upon recording of an affidavit acknowledging that fact, upon road access approval by the Town, 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 with extraterritorial review by the Village of Johnson Creek. (2312A-01 – George Ducklow)

Create a 2-acre lot on Northside Drive from part of PIN 006-0716-0511-004 (11.6 acres) in the Town of Concord. This utilizes all available A-3 zones for the property; therefore, this approval is conditioned upon recording of an affidavit acknowledging that fact. Approval is further conditioned upon road access approval by the Town, 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 the final certified survey map for the property. (2316A-01 – John Sparks/Christel Szopieray)

Create a 1.999-acre building site along River Road in the Town of Ixonia from part of PIN 012-0816-1844-000 (38.495 acres). The property is currently owned by Carl E. Krueger. This is considered a lot combination in prime ag land; therefore, rezoning is conditioned upon recording of an affidavit acknowledging that fact. It is further conditioned upon road access approval by the Town of Ixonia, 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 map with extraterritorial plat review by the City of Watertown. (2319A-01 – Joseph Bukovich)

Modify the original request and allow rezoning of one acre from PIN 012-0816-1022-000 (32.4 acres) to create a new residential building site along Woodchuck Lane in the Town of Ixonia. Rezoning is conditioned upon road access approval by the Town, upon receipt by Zoning of a soil test showing sites for installation of both initial and replacement private sewage systems, upon recording of an affidavit acknowledging use of all available A-3 lots for the property, and upon approval and recording of a final certified survey map for the lot. (2320A-01 – Ronald Griebenow)

Create a 2-acre non-prime building site along USH 16 in the Town of Ixonia from part of PIN 012-0816-1633-000 (25.05 acres). The property is currently owned by Dean M. Jeffrey. Rezoning is conditioned upon road access approval, upon receipt by Zoning of a soil test showing sites for installation of both initial and replacement private sewage systems, and upon approval and recording of a final certified survey map for the property. (2321A-01 – Paul Hoppa)

Create a 1-acre lot on CTH O from part of PIN 018-0713-1922-001 (16.97 acres) in the Town of Lake Mills. This is considered a prime ag land lot utilizing all available A-3 zones for the property; therefore, rezoning is conditioned upon recording of an affidavit acknowledging use of all available A-3 zones for the property. It is further conditioned upon road access approval by the County Highway Department, upon receipt by Zoning of a soil test showing sites for installation of both initial and replacement private sewage systems, and upon approval and recording of a final certified survey map for the property. (2325A-01 – Genal Properties/Michael Baumgartner)

Rezone to create a 1-acre non-prime lot from PIN 022-0613-2812-000 (38.43 acres) along CTH A in the Town of Oakland. The property is owned by Kevin and Rhonda Geiger. Approval is conditioned upon road access approval by the County Highway Department, upon receipt by Zoning of a soil test showing sites for installation of both initial and replacement private sewage systems, and upon approval and recording of a final certified survey map for the property. (2326A-01 – Robert & JoAnne Freeze)

Create a 1.8-acre rural residential building site on Springer Road in the Town of Waterloo from part of PIN 030-0813-2621-004 (51.579 acres). Rezoning of this non-prime acreage is conditioned upon road access approval by the Town, upon receipt by Zoning of a soil test showing sites for installation of both initial and replacement private sewage systems, and upon approval and recording of a final certified survey map for the property. (2327A-01 – Mary Kazi)

Modify the original request to allow a 2-acre lot combination in prime ag land on Ebenezer Road from PIN 032-0815-2034-000 (40 acres). The property is owned by Arlene Kropf; rezoning is conditioned upon recording of an affidavit acknowledging use of all available A-3 zones for the contiguous property. It is further conditioned upon road access approval by the Town, upon receipt by Zoning of a soil test for each lot showing sites for installation of both initial and replacement private sewage systems, and upon approval and recording of a final certified survey map for the lot. (2329A-01- Michael Yenser)

FROM AGRICULTURAL A-1 TO A-3 AND NATURAL RESOURCES

Rezone 2 acres from part of PINs 012-0816-2814-000 (25 acres) and 012-0816-2841-000 (37.25 acres) for a new residential building site off of Woody Lane. Rezone 10.8 acres of those PINs for a Natural Resource zone. The properties are owned by Randy Nelson and the Ella Lierman L.E. in the Town of Ixonia. This rezoning is conditioned upon road access approval by the Town, upon receipt by Zoning of a soil test showing sites for installation of both initial and replacement private sewage systems for the building site, upon clean up of the salvage material on site, and upon approval and recording of a final certified survey map. (2330A-01 – Randy Nelson)

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

Rezone 1 acre of PIN 022-0613-2134-000 (17.332 acres) to negate its previous change in zoning. The site is near the intersection of CTH A and Marsh Roads in the Town of Oakland, on property owned by Kevin and Rhonda Geiger. (2331A-01 – Robert & JoAnne Freeze).

Mr. Lehmann moved that Ordinance No. 2001-04 be adopted. Seconded and carried by the following roll call:

Ayes: Schreiber, Klein, Altreuter, Duesterhoeft, Laudenslager, Munyon, Berg, Wilson, Wiedenhoeft, Zimdars, Hartwig, Hoeft, Rogers, Nass, Kisow, Schmeling, Kylmanen, Thomsen, Groskopf, Ley, Weiss, Piper, Potter, Lehmann, Keating, Borland, Rupnow, Babcock, Maasz. Total 29.

Noes: 0.

Absent: Kramer. Total 1.

Mr. Lehmann read Ordinance No. 2001-05.

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

WHEREAS, Petition 2315A-01 was referred to the Jefferson County Planning and Zoning Committee for public hearing on April 19, 2001, 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 2315A-01 and that no change shall be allowed:

FROM AGRICULTURAL A-1 TO A-2, AGRIBUSINESS

Rezone to allow for mini-storage on PIN 032-0815-0243-001 (5.07 acres). The site is along Gopher Hill Road in the Town of Watertown and is owned by Loeb Investment Co. (2315A-01 – David Kumbier)

Mr. Lehmann moved that Ordinance No. 2001-05 be adopted. Seconded and carried by the following roll call:

Ayes: Schreiber, Klein, Duesterhoeft, Laudenslager, Munyon, Berg, Wilson, Wiedenhoeft, Zimdars, Hartwig, Hoeft, Rogers, Nass, Kisow, Schmeling, Kylmanen, Thomsen, Groskopf, Ley, Weiss, Piper, Potter, Lehmann, Keating, Borland, Rupnow, Babcock, Maasz. Total 28.

Noes: Altreuter. Total 1.

Absent: Kramer. Total 1.

REPORT

TO THE HONORABLE MEMBERS OF THE JEFFERSON COUNTY

BOARD OF SUPERVISORS

The following is a proposed Jefferson County Private Sewage System ordinance. This County ordinance is required as a result of the new Comm 83 Wisconsin Administrative Code package that was adopted by the State legislature in June of last year. All counties must adopt a Private Sewage System ordinance as required by 59.70(5) of the Wisconsin Statutes.

This provides administration, inspection, and enforcement procedures for Jefferson County. The principal highlights are that we have retained our holding tank restriction for new construction and established that a holding tank remains a system of last resort for replacements. This ordinance was recommended for approval on May 1, 2001.

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

AN ORDINANCE TO REPEAL THE EXISTING PRIVATE SEWAGE SYSTEM ORDINANCE AND RECREATE THE NEW PRIVATE SEWAGE SYSTEM ORDINANCE AS A CONSEQUENCE OF THE REWRITING OF COMM 83 WISCONSIN ADMINISTRATIVE CODE. THIS REPEAL AND SUBSEQUENT ORDINANCE WOULD BE EFFECTIVE UPON PASSAGE BY THE JEFFERSON COUNTY BOARD OF SUPERVISORS.

12.01. STATUTORY AUTHORITY. This ordinance is adopted pursuant to the authorization in Section 59.70(1), 59.70(5), 145.04, 145.19,145.20,145.245 Wisconsin Statutes.

12.02. PURPOSE. This ordinance is adopted to promote and protect public health and safety by assuring the proper siting, design, installation, inspection and management of private sewage systems and non-plumbing sanitation systems.

12.03. SEVERABILITY AND LIABILITY. Should any section, clause, provision or portion of this ordinance be adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected thereby.

This ordinance shall not create a liability on the part of or a cause of action against the County or any employee thereof for any private sewage system which may not function as designed. There shall be no liability or warranty for any site which is approved or denied. The issuance of a sanitary permit and the final inspection of such a system does not warrant the system's function, nor is there a guarantee that the system is free of defects or that all aspects of the system comply with Wisconsin Statute or Administrative Code requirements.

12.04. INTERPRETATIONS. The provisions of this ordinance shall be held to be minimum requirements and shall be liberally construed in favor of the County and shall not be deemed a limitation or repeal of any other power granted by the Wisconsin Statutes and related administrative codes.

12.05. DEFINITIONS. The following terms shall have the meanings as indicated in this section.

County: Jefferson County Zoning Department.

County Inspector: An individual who is employed by Jefferson County to assist in the administration and enforcement of this ordinance and is licensed by the department to inspect private sewage systems and to evaluate soils for the purpose of this ordinance. Also is referred to as an authorized agent within this ordinance.

Department: Department of Commerce

Failing Private Sewage System: "Failing private sewage system" has the meaning specified under s. 145.245(4), Wisconsin Statutes. A holding tank which discharges sewage to the ground surface, including intentional discharges and discharges caused by neglect, shall be considered a failing private sewage system.

Human Habitation: The act of occupying a structure as a dwelling or sleeping place, whether intermittently or as a principal structure.

Occupancy: Pertains to and is the purpose for which a building is used or intended to be used. A change of occupancy is not intended to include a change of tenants or proprietors.

POWTS: Private Onsite Wastewater Treatment System also referred to as private sewage system.

Private Sewage System: Also referred to as a "Private Onsite Wastewater Treatment System" or "POWTS" and has the meaning given under s. 145.01(12) Wisconsin Statutes.

12.06. COMPLIANCE.

1. All structures or premises in the County intended for permanent occupancy which are not served by public sewer shall have a system for holding or treatment and dispersal of sewage and wastewater.

 

2. The private sewage system for newly constructed structures or existing structures shall be installed, inspected and approved before the structure may be occupied.

12.07. INCORPORATION OF PROVISIONS BY REFERENCE.

 

This ordinance incorporates by reference the following rules, regulations, and laws as set forth in the Wisconsin Statutes and the Wisconsin Administrative Code governing the location, construction and use of private sewage systems as well as the disposition of domestic wastes: S. 59.70(5), Chapters 145, 281.48 and 968.10 Wisconsin Statutes; Comm 52.63, Comm 81, Comm 82, Comm 83, Comm 84, Comm 85, Comm 87, Comm 91, NR113 and NR116 Wisconsin Administrative Code. These rules, regulations, and laws shall apply until amended or renumbered and then shall apply as amended or renumbered.

12.08. APPLICABILITY.

The requirements of this ordinance shall apply to all geographic areas of the County.

12.09. LIMITATIONS.

1. All domestic wastewater shall enter a private sewage system unless otherwise exempted by state law or this ordinance.

 

2. A vault privy is allowable only for campgrounds or agricultural purposes. Vault privies shall not be used in association with habitable structures. All such privies shall be constructed and maintained consistent with the requirements of Comm 91 and NR113 Wisconsin Administrative Code.

 

3. Any private sewage system or portion thereof installed within a floodplain shall comply with all applicable requirements of NR116 Wisconsin Administrative Rule and the Jefferson County Floodplain ordinance #14, with the exception that a private sewage system will not be prohibited in the floodplain if properly floodproofed to the satisfaction of the department.

 

4. A replacement private sewage system area other than a holding tank shall be identified for new construction.

 

5. Holding tanks are prohibited for new construction and shall not be identified as the replacement system for new construction. Persons may request variances to the prohibition for just cause.

 

6. Installation of a holding tank is prohibited as a replacement private sewage system for an existing dwelling or existing construction served by a private sewage system, if at least an A+4 mound type system may be located on the property except as provided in (a), (b), (c) below.

1. A temporary holding tank may be installed if a public sewer, approved by the Department of Natural Resources, will be installed to serve the property within 2 years of the date of the sanitary permit issuance. An application for a sanitary permit for a holding tank shall include, in addition to what is required in Comm 83 and this ordinance, written statements from:

1. The municipality or sanitary district verifying the date the public sewer will be installed and available to serve the property.

 

2. The Department of Natural Resources verifying approval of the public sewer, and

 

3. The property owner agreeing to connect to public sewer when it becomes available, and to abandon the temporary holding tank.

If public sewer does not become available within 2 years of the date of sanitary permit issuance, the holding tank must be replaced with another type of system recognized by Comm 83 unless conditions identified in par. (6)(b) and (7) apply.

 

1. Soils and site evaluation has determined that the only available area is located within the 100-year floodplain.

1. Variances allowing holding tanks for new construction may be granted when the public interest in safe, healthful sanitation arrangements will not be jeopardized, and where the applicant's situation is truly unique, such as, without limitation because of enumeration, the likelihood of public sewerage service being available at reasonable future time.

 

Applications for variance shall be made to the Zoning Department who shall refer the application to the Zoning Committee. The Committee shall make necessary investigations, meet with the applicant or agent thereof, and shall determine whether to grant the variance.

 

2. When a failing private sewage system is identified, it shall be brought into compliance with current code requirements, replaced with a code-compliant system or its use discontinued within that period of time required by department orders.

 

3. Any private sewage system proposed to be installed in a sanitary district, city or village requires approval from that jurisdiction prior to issuance of the sanitary permit.

12.10. ABANDONMENT OF PRIVATE SEWAGE SYSTEMS.

 

1. When public sewer approved by the Department of Natural Resources becomes available to the structure or premises served, the private sewage system shall be disconnected within one year and a connection made to the public sewer. Determination of whether sewer is available shall be made by the local sewer service entity.

 

Abandonment of the disconnected private sewage system shall be done in accordance with the provisions of Comm 83, Wisconsin Administrative Code.

 

2. The components of an existing private sewage system that are not part of the approved design of a replacement system shall be abandoned at the time of the installation of the replacement system by the plumber installing the system. The abandonment shall comply with Comm 83, Wisconsin Administrative Code.

12.11. SOILS AND SITE EVALUATIONS.

 

1. Soils and site evaluations shall be conducted as prescribed in Comm 83, 85, & 91 with at least three (3) soil profile evaluation excavations used to delineate a new and a replacement site for new construction unless additional borings are necessary to properly delineate the areas.

 

2. Soil and site evaluation data shall relate to the undisturbed and finished grade elevations, vertical elevation reference point and horizontal reference point. Surface elevations shall be given to all soil borings. A soil and site evaluation report may not be required if the site is located in a floodplain, if minimum setback distances cannot be met, or if the site has been altered to the extent that a replacement holding tank is the only alternative.

 

3. County verification of a soil and site evaluation report may be required by the County inspector to determine suitability of a lot for a private sewage system. This verification will be made at the discretion of the County inspector and will be made prior to the issuance of the sanitary permit.

 

4. County onsite verification of a soil and site evaluation report is required for all soils except those that support an inground soil absorption system. The County has the discretion to waive the verification if county workload necessitates. Verification will be conducted upon receipt of a completed soil and site evaluation or meeting the County inspector at the site for verification. If soil pits are utilized, they shall be constructed prior to County arrival.

 

5. A certified soil tester may request County verification for soils that might support an in-ground soil absorption component. Verification may be conducted by the county upon submittal of a completed soil and site evaluation report or if the soil tester would meet the County inspector at the site during verification. Such verifications are subject to the County inspector's work schedule and may be subject to a fee.

 

6. County verification reports shall be attached and filed with a completed soil and site evaluation report.

12.12. SANITARY PERMITS (GENERAL).

 

1. Every private sewage system shall require a separate application and sanitary permit.

 

2. A sanitary permit shall be obtained by the property owner, his agent or contractor, in the name of the property owner, prior to installation, establishment or construction of any structure which requires a private sewage system. Any property owner, his agent or contractor, who starts construction prior to obtaining a sanitary permit is in violation of this ordinance, and shall be subject to the penalties provided in this ordinance.

 

3. A sanitary permit shall be obtained by the property owner, his agent or contractor, before any private sewage system or part thereof may be installed, replaced, or modified. A sanitary permit is not required for the addition of manhole risers or for the replacement of manhole covers, baffles or pumps.

 

4. A sanitary permit is not required for a vault privy. However, a land use permit is necessary and construction shall comply with the provisions of Comm 91.

 

5. If any part of a private sewage system, other than the tank, has failed or requires replacement, such new part shall meet the current code. For tank replacement, a soil evaluation shall be performed which shows drain field separation from groundwater meets the current code, unless such a report is already on file with the County. The sanitary permit application shall show specifications for replacement parts and drainage fields, if required.

 

6. Pursuant to S.145.195 Wisconsin Statutes, no building permits shall be issued by a city, village, town or county for any structure necessitating the use of a POWTS to serve the structure unless the system is in compliance with Comm 83.25.

12.13. SANITARY PERMIT APPLICATION REQUIREMENTS.

 

1. A sanitary permit application shall include the following information which shall be furnished by the applicant on forms required by the state and/or County as well as all items expressed in Comm 83 along with applicable fees:

1. All information required on the sanitary permit application form shall be complete, legible, and accurate.

 

2. A clear and legible detailed plot plan dimensioned or drawn to scale on a minimum of 8 ½" x 11" quality paper, but not to exceed 11"x17". Larger pages will be allowable if by one fold, they attain an 11"x17" or smaller size.

 

3. Plot plan(s) containing the lot size and location of all existing and proposed private sewage system components; building sewers, sanitary and storm sewers; wells; water mains or water service; streams and lakes; buildings, lot lines, replacement system location and type; adjoining property owner features that would impact the private sewage system location with respect to Comm 83, benchmark as established on the soil and site evaluation report; demonstrating compliance with all horizontal setback parameters established in Comm 83.43 Wisconsin Administrative Code.

 

4. Plans and specifications for the proposed private sewage system component shall be provided. The County may require additional information to ensure that all specifications have been provided as part of the application process.

 

5. Soil and site evaluation.

 

6. Any state approved plans, if required, bearing the department's conditional approval and the approval letter issued by the department.

 

7. Contingency plan in the event that the proposed private sewage system fails and cannot be repaired.

 

8. Maintenance Agreement and/or Holding Tank Agreement in recordable form as furnished by the County describing maintenance for the system consistent with Comm 83.

 

9. A Management Plan for the proposed design-reflecting conformance with Subchapter V, Comm 83.

 

10. Fees as prescribed in the County fee schedule as may be changed from time to time.

 

 

11. The County reserves the right to refuse incomplete or incorrect sanitary permit applications or to delay sanitary permit issuance over the time limits prescribed in Sec. 12.14 of this ordinance until a corrected or complete application is received.

1. Permits shall be approved within 30 days of receiving a sanitary permit application that has provided all required information as prescribed in this ordinance and Comm 83.

 

2. PERMIT DENIAL: When applicable provisions of Wisconsin Statutes, Wisconsin Administrative Code or this ordinance have not been complied with when applying for a sanitary permit, the permit shall be denied. Reasons for denial shall be forwarded to the plumber, landowner, and, when appropriate, state representatives and Corporation Counsel.

12.15. SANITARY PERMIT TRANSFER, REVISION AND REVOCATION/SUSPENSION, EXPIRATION AND RENEWAL.

 

1. Transfer: When there is a change of ownership, the state transfer form shall be submitted to the County with a set of new plans if deemed necessary, and a fee as prescribed in the County fee schedule.

1. The sanitary permit card shall be returned to the County so that a new transfer card may be issued.

 

2. The sanitary permits for systems requiring state plan approval shall not be transferred to a different plumber unless the plan bears the stamp of an architect or engineer, plumbing designer or state level approval is obtained by the new plumber.

1. Revisions: Approval from the County is required whenever there is a change in the private sewage system design as originally approved by the County. Detailed plans and specifications shall be submitted describing these changes and a fee as prescribed in the County Fee Schedule.

 

2. Revocations: The County may revoke any sanitary permit issued under this section for any false statements or misrepresentations of fact that served as the basis for issuance of the permit. The reasons for revocation shall be conveyed in writing to the owner of the premises and plumber listed on the permit application. After revocation, no work shall be done on the private sewage system until a new permit is approved by the County.

 

3. Suspensions: The County may suspend any sanitary permit issued under this section for any false statements or misrepresentations of fact that served as the basis for issuance of the permit. The reasons for suspension shall be conveyed in writing to the owner of the premises and plumber listed on the permit application. After suspension of the permit, no work may be done on the private sewage system until the conditions of permit suspension have been complied with, and the County has reinstated the sanitary permit.

 

4. Expiration and Renewal: The sanitary permit is valid for a period of two years from the date of issuance. A sanitary permit may be renewed for periods of up to two years if the private sewage system has not been completely installed provided the renewal is obtained prior to the expiration of the sanitary permit and the appropriate fee submitted as prescribed in the County Fee Schedule. Renewals may be approved only if the plan meets the code in effect at the time the renewal is sought.

12.16. SANITARY PERMIT FEES.

 

1. The fees charged by the County for a sanitary permit, sanitary permit revision, transfer, or renewal are identified in the Jefferson County Zoning Fee Schedule approved by County Board action and posted at the County Zoning Department.

 

2. Fees may also be assigned for other activities associated with this ordinance, and shall be as identified in the Jefferson County Fee Schedule approved by County Board action and posted at the County Zoning Department.

 

3. The county may adjust fees annually with County Board approval to reflect changes in cost and/or level of service provided.

12.17 PRIVATE SEWAGE SYSTEM INSPECTIONS.

 

1. The county shall inspect all private sewage systems as required by state code after construction but before backfilling no later than the end of the next workday, excluding Saturdays, Sundays and holidays after receiving notice from the plumber in charge if notice from the plumber in charge is made to the County by 9:00 a.m. on the previous day. Inspections shall be reported on forms furnished by the department. The plumber in charge or an authorized journeyman plumber must be present during the inspection and must provide all necessary equipment and assistance to the inspector as requested.

 

2. Other Inspections: Additional inspections of a private sewage system may be necessary based on private sewage system type, complexity or due to unforeseen circumstances. Private sewage systems may be inspected periodically, after the initial installation inspection(s) and/or after the system is operative, as deemed necessary by the County.

 

3. Covering of Work: No part of the private sewage system may be backfilled until it has been inspected and approved. If any part is covered before being inspected and approved, it shall be uncovered at the discretion of the County inspector.

 

4. Private Sewage System Use: No new or replacement private sewage system shall be used until an inspection report is completed indicating compliance with all terms of this ordinance. Such report shall be filed in the inspector's office within one working day after an inspection at which the inspector noted full compliance. Backfilling and/or use of the system shall not occur prior to express indication by the inspector or his authorized agent that conditions are in compliance.

 

5. Effect of Report: The inspection report shall apply only to the date of issuance as it relates to the private sewage system. It does not imply the continued compliance of this system with state and local regulations. The inspection report and the approval it signifies shall extend only to the property usage as indicated on the approved application. Change in usage that requires modified private sewage systems shall necessitate a new application, permit and inspection.

12.18. PRIVATE SEWAGE SYSTEM MAINTENANCE AND MANAGEMENT.

 

1. General Provisions

1. All private sewage systems shall be managed and maintained in accordance with Comm 83 and Comm 84 Wisconsin Administrative Code and this ordinance.

 

2. The property owner shall report to the County each inspection, maintenance or servicing event in accordance with Comm 83, Wisconsin Administrative Code and this ordinance.
3. The property owner shall submit a maintenance agreement and/or servicing contract or Holding Tank Agreement as prescribed by the County, to the County as part of the sanitary permit which shall be recorded with the register of deeds to comply with Comm 87.60(5)(b)(2) and this section. It is the responsibility of the owner to provide written notice of the maintenance program to a buyer. A revised agreement shall be submitted by the owner whenever there is a change to such document.

1. Private Sewage System Maintenance Program (Except Holding Tanks)

1. All septic tanks permitted and installed on or after January 15, 1990 shall be visually inspected for ponding of wastewater or effluent on ground surface and pumped within (3) years after the installation of the private sewage system, and at least once every three years thereafter, unless upon inspection the tank is found to have less than 1/3 of the volume occupied by sludge and scum.

 

2. Every three (3) years after the installation of a private sewage system, the owner shall be provided a certification form by the County at least 30 days prior to its due date, and is required to provide the County with the completed report within 10 business days of the service event. The certification form shall be completed by the licensed individual servicing the private sewage system. Pumping shall be conducted by a certified septage servicing operator in accordance with NR113 Wisconsin Administrative Code.

 

3. The certification form shall state that the private sewage system does not have wastewater or effluent ponding on the surface of the ground, and that the septic tank was recently pumped by a certified septage servicing operator, or it was inspected and was less than 1/3 full of sludge and scum. The certificate shall also include the address of the property, owner name, service provider, date of service, and type of service.

 

4. For pre January 15, 1990 private sewage system installations not subject to the maintenance requirements prescribed in par. (a)(b) & (c), it is the responsibility of the owner to provide the County with required inspection information prescribed in Comm 83.54 and Comm 83.55. This specifically requires the owner to have the private sewage system visually inspected for ponding of wastewater or effluent on ground surface every three years. The County shall keep record of the reporting of this information.

 

 

5. All septic tanks shall be serviced when sludge or scum occupies 1/3 or more of the volume of the septic tank.

 

6. All reports of service events shall be submitted to the County within 10 business days from the service event as prescribed in Comm 83. The report shall include type and result of the service event, owner's name, address of service event, name of licensed service provider and date of service.

 

7. A delay in required private sewage system maintenance may be approved by the County inspector based on circumstances such as inclement weather, road weight restrictions and site limitations.

1. The owner of the holding tank shall enter into a Holding Tank Agreement with the appropriate city, village or town guaranteeing that the local government unit which signed the agreement will service the holding tank if the owner fails to have the holding tank properly serviced in response to orders issued by the County. The Maintenance Agreement shall be filed with the Register of Deeds and be recorded in a manner identifying the property on which the holding tank exists and to which the agreement applies.

 

2. A holding tank shall be serviced as prescribed in Comm 83.54(3)(c) and the management plan and service agreement. The tank shall be serviced when the wastewater in the tank reaches a level of one foot below the inlet invert of the tank.

 

3. The owner is responsible to report all service events to the County within 10 business days from the service event. The report shall include owner's name, address of service event, name of licensed septage servicing operator, gallons pumped, and date of service.

12.20. CONSTRUCTION AFFECTING WASTEWATER FLOW OR CONTAMINANT LOAD.

 

1. Prior to commencing an addition to a dwelling that increases the number of bedrooms or modification to a structure that is served by a private sewage system that increases the contaminant load, a code-compliant private sewage system shall exist for that structure.

Documentation shall be provided to the County demonstrating that a private sewage system of adequate capability and capacity to accommodate the wastewater flow and contaminant load already exists to serve the structure as specified in Comm 83, Wisconsin Administrative Code or a code compliant system will be installed. Documentation shall include one of the following:

 

1. Sanitary permit demonstrating existing compliance or for installation of a new code-compliant system, or

 

2. Soil test demonstrating proper distance above groundwater indicators as per Comm 83 as well as certification by a service provider that the system is not surface discharging and that the septic tank has been pumped and inspected. If the existing system is not sized properly, an affidavit in the format prescribed by the County, be recorded in the Register of Deeds demonstrating use of an undersized system.

 

3. All setbacks for the proposed addition from the private sewage system are compliant.

 

4. Any installation, addition or modification of the private sewage system shall be completed and accepted by the County within one year of issuance of the land use permit.

12.21. CONSTRUCTION NOT AFFECTING WASTEWATER FLOW OR CONTAMINANT LOAD.

 

Prior to commencing construction of any structure or addition to a structure on a site where there exists a private sewage system, the owner or his agent shall determine that the proposed structure conforms with applicable setback limitations of Comm 83, Wisconsin Administrative Code. Documentation in the form of a site plan shall be submitted to the County as part of the zoning permit process for review.

1. Duties and Authority:

1. The Zoning and Planning Administrator or assigned agent shall administer and enforce all provisions of this chapter and all other state and county provisions relating to the construction, installation, alteration and repair of all private sewage systems within the county and shall make such inspections, perform such tests and issue such orders as may be necessary for such enforcement.
2. Authority To Enter Premises

1. In the discharge of his/her duties, the Zoning and Administrator or his authorized agent may enter any building, upon presentation of the proper credentials and with permission of the owner, during reasonable hours for the purpose of inspection and may require the production of any permit or license required hereunder. No person shall interfere with the authorized personnel in the performance of their duties; and any person so interfering shall be in violation of this chapter and subject to a penalty described in this ordinance.

 

2. If consent to entry to and property has been denied, the Zoning and Planning Administrator shall obtain a special inspection warrant under Sec. 66.12 and 66.123, Wisconsin Statutes.

1. Stop Orders. If the Zoning and Planning Administrator or his authorized agent determines that construction or installation of a private sewage system on a premises does not comply with this ordinance, the Zoning and Planning Administrator or his agent shall post in a conspicuous place upon the premises a stop order which order shall demand that all work cease until the construction or the installation is in compliance with this ordinance. The posted order shall describe the non-compliance and the nature of the work to be stopped. The order and shall identify the location and the name of the issuing officer and appeal procedures. It shall be a violation of this ordinance to engage in work in contravention of the terms of such order or to make an unauthorized removal of such a posted order. Work may recommence on the site only under the express direction of the Zoning and Planning Administrator or his authorized agent.

 

2. Records and Reports. The Zoning and Planning Administrator shall keep in his office a daily record of all the transactions of his office, including permits issued and fees received, and shall make such reports thereon to the supervising committee, County Board or state agencies as they may require.

 

3. Issuing Agent. The Zoning and Planning Administrator or his authorized agent shall act as the Jefferson County issuing agent and is hereby assigned the duties of administering the private sewage system program.

 

4. Appeals and Variances. Persons seeking to appeal decisions of the Zoning and Planning Administrator or request variances under this ordinance shall file written letters of appeal or variance with the County Zoning and Planning Administrator. Appeals are required to be filed within 30 days of the decision. The Zoning and Planning Administrator shall place the appeal or variance on the agenda of the County Zoning Committee and the appeal shall be given a due process proceeding in accord with Wisconsin Statutes, Sec. 68.10-.12. In the case of a variance, the Committee shall decide whether to uphold, uphold with modifications or reverse the Zoning and Planning Administrator's decision based upon the terms and intent of this ordinance and of relevant state laws and administrative rules. No appellate or variance decision of the Committee shall have the effect of approving an existing or proposed condition that would violate this ordinance or state law or rule. Appeals or variances that can only be approved by the granting of a variance to the State Plumbing Code shall be referred to the Department of Commerce pursuant to Wisconsin Administrative Code. Committee appellate decisions or variances shall be made in writing and shall be filed in the Zoning and Planning Administrator's office. Appeals of decisions of authorized agents of the Zoning and Planning Administrator shall be made first to the Zoning and Planning Administrator and his initial appeal decision shall then be appealable as provided herein.

 

5. Fees. An applicant, upon filing his application or making request for inspections or changes to applications, shall pay a fee to the Zoning Department in accordance with the fee schedule adopted by the Jefferson County Board of Supervisors.

12.23. ENFORCEMENT.

 

1. Prohibitions. The following shall be deemed violations of the ordinance:

1. To install, alter, modify, repair or enlarge a private sewage system without prior County approval or in a manner not in compliance with an approved County permit.

 

2. To materially change the use of a premise so as to render the approved private sewage no longer in compliance with applicable standards.

 

3. To fail to report soil tests fully and accurately.

 

4. To fail to satisfy maintenance or operational standards.

 

 

5. To contract to conduct tank pumping or waste hauling or disposal and to do such activities in violation of state law, rule or ordinance.

 

6. To operate a failing private sewage system as defined in 145.245(4), Wisconsin Statutes.

 

7. To fail to obey orders lawfully issued by state or county officials.

 

8. To operate a system that constitutes a nuisance or that emits a prohibited discharge.

 

9. To install, alter, modify, repair or enlarge a private sewage system by an individual without the proper licensing as defined in s. 145.06 Wisconsin Statutes.

 

10. Failure to follow rules, regulations, and laws as set forth in the Wisconsin Statutes, Wisconsin Administrative Code, and this ordinance.

1. Penalties. Any person who shall violate any provision of this chapter or any regulation, rule or order made hereunder shall be subject to a penalty as provided below:

1. Payment of the assigned deposit on a citation issued pursuant to Jefferson County ordinance No. 88-19.

 

2. Payment of a forfeiture assessed by a court upon an enforcement lawsuit initiated by the county for violation of this ordinance. The amount of such forfeiture shall be not less that $100.00 nor more than $500.00 for each violation. Each day of violation shall be a separate offense.

 

3. Injunctive remedies may also be ordered by the court.

Mr. Lehmann moved for adoption of Ordinance No. 2001-06 as printed, including changes requested by the State of Wisconsin. Seconded and carried by the following roll call:

Ayes: Schreiber, Klein, Altreuter, Duesterhoeft, Laudenslager, Munyon, Berg, Wilson, Wiedenhoeft, Zimdars, Hartwig, Hoeft, Rogers, Nass, Kisow, Schmeling, Kylmanen, Thomsen, Groskopf, Ley, Weiss, Piper, Potter, Lehmann, Keating, Borland, Rupnow, Babcock, Maasz. Total 29.

Noes: 0.

Absent: Kramer. Total 1.

County Administrator Willard D. Hausen read the following:

TO THE JEFFERSON COUNTY BOARD OF SUPERVISORS:

MEMBERS OF THE BOARD:

Pursuant to Section 59.18 of the Wisconsin Statutes and Section 3.06 (a) of the County Board Rules adopted April 18, 2000, I hereby reappoint Richard A. Meier, Fort Atkinson, Wisconsin, as a member of the Countryside Board of Trustees. This appointment will expire on the first Monday of January 2004. I respectfully request confirmation of this appointment.

Willard D. Hausen

County Administrator

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

County Board Chairperson Wendell Wilson appointed Mr. Thomsen and himself to the Highway 26 Advisory Committee.

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