I had to tivo it as I had a meeting I had to be at for work, but here it is. The agenda packet is here if you want to find materials.
Meeting was called to order.
A. ROLL CALL – Excused Supervisor Martz
Chairperson Scott McDonell said that there were 6 people absent, Martz, Vedder, O’Laughlin and deFelice were excused, 31 present, but I couldn’t hear who wasn’t there. [The clerk doesn’t repeat the responses when he calls the roll and the voices are off mic so you can’t hear them on tv.]
1. Prayer/Inspirational Message – Supervisor Solberg
She read a short “When one door closes, another on opens” quote.
2. Pledge of Allegiance – Supervisor Solberg
B. SPECIAL MATTERS AND ANNOUNCEMENTS
1. Res 1, 09-10 – Celebrating Maureen Arcand’s 80th Birthday
Postponed til June 4, no objection
2. Res 22, 09-10 – Congratulating the 2009 James Madison Memorial High School Spartans Forensics Team
Ferrell read a resolution and they listened to one of the winners do a 5 minute radio broadcast of Onion news stories. [It was really good, the council missed out. I wonder why – its the first time in years they didn’t get a presentation. I really, really hope someone didn’t ask them not to!]
3. Res 23, 09-10 – Recognizing the Graduating Seniors on the Dane County Youth Board
Veldran reads resolution, makes some remarks and some remarks made by staff and students on the youth board.
4. Res 24, 09-10 – Recognizing May 17 – 24 2009 as Emergency Medical Services Week in Dane County.
Salov reads the resolution from his seat instead of the front of the room. Motion moved by Salov, seconded by Rusk. Salov asks supervisors to find a way to appreciate emergency medical services employees in their districts.
5. Announcements
Hesselbein announces Bratfest and thanks supervisors who will be working at the Bratfest and invites others to join them.
Hesselbein also announces July 15 – 19 is the Dane County Fair, with Thursday being Military Appreciation Day and Saturday being Safety Day.
Solberg passes around around resolution to exempt 24-7 positions from furlough so that they don’t pay more in overtime.
Schmidt invites people to Monona Memorial Day Parade
Salov has a resolution to buy final piece of a park to finish park between Cambridge to Rockdale. Missed the name of the park and I’m woefully uninformed. Talks about the well renowned bike trails.
Levin has a resolution to start energy efficiency revolving loan program, hopefully get block grants to start the program to promote energy efficiency and solar installation for properties.
Hesselbein made a mistake and forgot to mention Levin also helping with Bratfest.
C. APPROVAL OF BILLS & ACCOUNTS
1. Claims Recommended for Approval
Moved by Stoebig, seconded by Vogel, passes on voice vote without comment.
2. Cleaims Recommended for Denial
Moved by Vogel, seconded by Schlicht, passes on a voice vote without comment.
D. APPROVAL OF PROCEEDINGS
Rescind and Amend County Board Proceedings of Sept 18, 2008 (Correcting the Text of Sub 1 to Ord Amdt 49, 07-08)
Moved by Kostelic, seconded by [ . . . um . . . what’s his name . . .] Gau. [Nice “brain freeze”. Not often you see McDonell lose his composure! :P]
Hendrick asks how they can rescind an action, the Corp Council says it is only the minutes and that is why they can do it.
Passes on voice vote.
There is a short discussion about what the motion was to rescind and amend, or if there needs to be further discussion.
E. CONSENT CALENDAR 1. Res 5, 09-10 – Accepting Funds for Repairs on Willow Island at Alliant Energy Center (Adopt) 2. Res 6, 09-10 – Award of Contract for Window Replacement on Juvenile Shelter Home (Adopt) 3. Res 12, 09-10 – Authorizing Employment Agreement for Director of the Department of Administration (Travis Myren) (Adopt)
There were no requests for separation. The motion was before them as noted above and passed on a voice vote.
[Don’t ask me where F. is, it just isn’t on the agenda, throws me off when they keep the lettering system for their categories of items on the agenda and don’t say that is “not applicable” or something to indicate there are no items for action in that category.]
G. REPORTS ON ZONING PETITIONS a. Map of Dane County b. Summary of Grant as Modified Petitions 1. Petition 9915 – Town of Cross Plains – Fred Dillet (Deny) 2. Petition 10031 – Town of Vermont – Fern Frame (Grant) 3. Petition 10034 – Town of Medina – John Stuntebeck (Grant as Modified) 4. Petition 10035 – Town of Cottage Grove – Homburg Farms LLC (Grant as Modified)
It wasn’t 7:30 yet, so they moved on to Item H & I, and didn’t want to move on to J & K as they would take longer, and the clocks in the room all said different things and they decided it was ok to move on to G. The checks his phone, says its 7:29 and if there is no objection, they would just take up item G now. No objections. There are no requests for separations on the items and they pass on a voice vote. They then went to J.
H. ORDINANCES 1. Ord. Amdt. 39, 08-09 – Amending Chapter 2, 11, 12 and 14, Regarding Erosion Control Provisions (Adopt with Amdts)
No discussion and it passes on a voice vote.
I. AWARD OF CONTRACTS 1. Res 296, 08-09 – Award of Contract for Tenant Improvements 1st and 3rd Floor – CCB (Adopt Sub 1)
No discussion, passes on voice vote.
2. Res 4, 09-10 – Aware of Contract for Electrician Labor at the Alliant Energy Center (Adopt Sub 1.)
No discussion, passes on voice vote.
3. Res 8, 09-10 – Award of Contract for Pit Toilets at Scheidegger & McCarthy County Parks (Adopt Sub 1)
No discussion, passes on voice vote.
J. RESOLUTIONS 1. Res 202, 08-09 – Urging the State to Adopt a Comprehensive Approach to Control Lake Levels (Adopt/Adopt with Amdt.)
He says the Executive Committee recommends adoption and if they want to take up the amendments, someone would have to move them.
Wheeler says one of her constituents who does his research says Lake Mendota was 5 feet lower than it is today and that it should be at least 6 inches lower.
Schmidt says this isn’t setting lake levels but managing lake levels. She moves the EANR amendments, seconded by Hulsey. She says there are three reasons for the amendment. One is that they need to have a collaborative approach to deal with run off and intense stormwater events so multiple communities need to come together. Second is that she wants the lakes managed as a system. Third everyone has a role to play. We need to understand watershed and we should use rain gardens and rain barrels.
Hulsey thanks Schmidt for pushing ahead with this. There were record damages caused by flooding last year. Does commercial for Mayor and County Exec and DNR Secretary short term plans and will be doing long term plans. Says we need to realize we are at the mercy of the weather. Says Stoughton will be opening damn and that will lessen water backing up. Talks about process (scientific this year) and says that public process will start next year. Has copies of short term plans if people want them.
Hendrick speaks against amendment. Says we need to work with DNR and neighboring communities, but says that this amendment is meaningless. The time to lower the lake levels is when it is not raining, just like the time to fix your roof is when it is not raining. Can’t wait for it to rain to lower the lake levels. Also Lake Mendota needs to be maintained at the legal minimums. Someone needs to change county policy to maintain the lake at the minimums when possible.
Ripp says it doesn’t matter what they do because when they have been letting the water out of the system at the end as fast as they can and the system is overwhelmed by Mother Nature.
Bruskewitz agrees it is bigger than them. Says they need the minimums because of fish spawning, the water table level is rising and the changes in the more extreme weather. She says this is a start, its complicated. She wants public to know that they might not be able to control the flooding. Wants aggressive public education process.
Hulsey agrees with Bruskewitz. Points out she lives on the lakes, was on committee and this is complex. Says if lower Lake Mendota by 6 inches it raises Lake Monona by 1.5 feet. Has sympathy with Hendricks comment on lowering lakes in advance instead of when rains, but did analysis. Says 1/3 of the years are drier and if start out lower they’d have mud flats and boats couldn’t get in the water and fish won’t survive. Says if interested, you should be on the next DNR task force. Urges people to support EANR amendment.
Amendment passes on a voice vote.
Final passes on a roll call vote 31 – 1 with 5 absences. Hendrick was the one no. Absences were Stubbs, Vedder, deFelice, Martz and O’Laughlin.
2. *Res 305, 08-09 – Taking Actions to Safeguard Sensitive Information on the Register of Deeds Website (Adopt with Amdts)
PUBLIC TESTIMONY
David Styles – Federal Technologies is the Vendor for the software for the Register of Deeds. Explains in 2005 the prohibited Social Security Numbers from being on documents, but many, many documents on file from before then. Says they have a remote access tool on the internet for banks, mortgage companies, title and insurance companies. He says they plan to reduce access to those documents until they mask the Social Security Numbers. Says they can’t physically remove the numbers from the document. He says there is an automated and manual process they are going through. He talks about documents that are a priority. He says meanwhile, people will have to come to the Register of Deeds to get the info.
Mike McDonnell – Land Title Association – Says they are as good looking as they are on tv. Says that their association is made of up 250 title insurance agents, underwriters and attorneys. Said members were nervous about on paragraph. Says that it is in the best interest of the public to keep the records open on-line.
Craig Haskins – Executive Vice President of Nightbury Title(?) – says one of largest in state, 130 employees, 12 offices, 1 in Dane County and opening a second. Explains they are hired by the banks to provide information for the title insurance companies. Says for the past 10 years its been great. Dane County is top in the state for making the info available and they work in all 72 counties. He says they have quick access and can charge less as a result. Asks them to consider carving out the industry that has a specific purpose. He notes they pretty much already have the social security number of the people they are looking up. He says the alternative is to pretty much have 2 – 3 people in the Register of Deeds office continuously and the prices will go up.
QUESTIONS FOR SPEAKERS
Bruskewitz asks Haskins [Note, the mic system was acting funny, just like at the council meetings] how they are authorized to get the info on line? What are the requirements to get the info? He says that their company is 155 years old. He says they enter an agreement, sign an on-line access agreement. Says he helped develop a trusted submitter document. He says that if the county wanted to add to the agreement that you have to be legitimate and here’s what you can and can’t do with the info, they’d gladly sign.
Bruskewitz asks if what they penalty if you breach that agreement. He says Congress passed a law and there is a FTC ruling that they have to plan to protect the confidential information for all kinds of crazy situations, like if the roof blows off. Says he doesn’t remember penalties, they paid a lawyer lots of money to make sure they did it right.
Bruskewitz speaks to the issue by saying she appreciates the need for access and wants to maintain it if there is a legitimate public purpose and she believes this is and she doesn’t want to make it hard on the business.
Miles moves sub 1. Bruskewitz seconded. Says that sub 1 is at their desk, as well as another document with all the minutes from committees to show why they recommended the amendments. Says ZLR had postponed their decision because they understood that the state was working on a fix, but met right before the meeting since this was on the agenda and they recommended the following changes:
– In the third to the last resolved clause, strike number 4 because it relates to 3, which was previously struck
– Add language in 3 & 4 (?) that has Register of Deeds continue what they are doing to mask the numbers and work with the state legislature for further fixes.
– Add 5 that requires a report back to the ZLR committee.
Stoebig asks for a friendly amendment to fix some language. McDonnell says they can administratively do that.
Bruskewitz says that she was aware of this issue 2 years ago, Register of Deeds didn’t have the resources that they needed to fix it. Says it is County Board responsibility to give them the IT resources they need. Says with budget coming up, they need to look at how to use IT to protect the public and save money.
Hampton moves to add penetration testing of the website to the project. Says the problem isn’t with the registered users, the problem is with the unregistered users [hackers]. Rusk seconds.
Ferrell asks when they should do the testing, if they should wait til the project is over? And who will do it.
Hampton says those are technical questions for the IT people. She says penetration testing should always be going on.
Scott says it is routine at the state.
Carries on a voice vote.
K. ITEMS REQUIRING A TWO THIRDS MAJORITY FOR PASSAGE
Item one was separated, items 2 & 3 passed by with no objection to it being unanimous.
2. Res 10, 09-10 – Authorizing Acceptance of Funds for Homeland Security/Information Sharing Initiative (Adopt)
3. Res 11, 09-10 – Authorizing Acceptance of Funds for Homeland Security Law Enforcement Specialty Training (Adopt)
1. Ord Amdt 41, 08-09 – Amending Chapter 62, Regarding Fees Charged by the Sheriff for Seizure of Property of Evictions (Adopt)
PUBLIC TESTIMONY
Kristin Zehner – Says this is a minimal amount of money and wonders why it is being passed along to people who are broke. She says that by passing along the the costs, it just makes people rely on human services more. She says it doesn’t make sense. She says she represents mobile home owners, and when they are evicted, the whole home has to be moved for $5 – 10K and no one will take the homes if they are more than 10 years old. Says many elderly on Social Security are having their rents increased and are expecting more increases and people are choosing between paying rent and leaving a few hundred dollars for monthly expenses. Wants to know what county or city is going to do with these folks. She says this is a double whammy for people on the edge. The mic went out at the end, but I think I got the gist of it.
Alex Gillis – Says there are a large number of low income people, especially single parents, are on the edge of homelessness. He says there is a 90 day lifetime limit on the homeless shelters. He says adding this money to the debts they already have is pushing them further to homelessness. He talks about immigrant families losing their jobs and getting their hours cut in the hospitality industry by 40 – 50% which is $200 – 300 per paycheck. He thinks that that the fee should be capped. He said that this could add $200 – 400 to the bill and that’s alot of money to people. He says they should reconsider it and bring in people who know the impacts of this ordinance (social service providers, etc) or it should be capped.
Motion is adoption
QUESTIONS
Bayrd asks the Corporation Council if the fee will go to the landlords? Asks to explain how the fee gets passed on to tenant and what the likelihood is. She noted she was a sponsor and voted for it twice in committee, but she had more questions.
Corporation Counsel says that it will be assessed against the landlord. Says the landlord can ask the court to reward fees and costs. Says she did evictions in a past life and many judges don’t award costs as a general rule, but they could. It’s up to the individual judges.
Bayrd asks if they can say in the ordinance that the fee cannot be passed along to the tenant, but she said she knew the question was likely no.
Corporation Counsel says that they can’t pass an ordinance telling the courts what to do, only the state can.
Rusk asks the sheriff to talk about the fee justification analysis and what this is about.
Sheriff explains that this allows the actual costs of the deputy sheriff to be paid. He says these are costs for the sheriff to stand by during foreclosure court order, attachment or replevin. He says they could be at the scene for 3 – 4 or 8 – 12 hours. They stand by to preserve the peace while the individual is removed and the property is packed. He says it is not unusual for it to be 8 hours.
The sheriff also explained that by state law, they can only charge $10 per hour, but it costs $52.46 per hour to send a Deputy 3. However, they have been charging $40 per hour for years, apparently in violation of the state law. He says that they can amend this, pass it as is, or if they do nothing, it will go back to $10/hr.
Hendrick urges people to vote not. Says he checked Statute 799 and it says that (6)(b) automatically assesses these costs to the tenant if they lose the eviction. The judge doesn’t decide, it is an administrative procedure done by the clerk.
Richmond asks how many officers go out to calls. The Sheriff says that usually 1, but send 2 if there is an emotional situaiton. Richmond asks how he decides to send 2 and he says it is based on how people respond when they serve the 24 hour notice to be out. Some have no issues, other there are security and safety issues.
Bruskewitz says landlords are loathe to evict cuz it costs too much. Says landlord has to pay if the tenant doesn’t. Says if they don’t leave on their own it can get dicey. Landlords don’t like to evict. She says the poor won’t pay and the landlord ends up paying the cost. Its a cost of doing business which is passed along to the other tenants. She says it is very rare the landlords get paid back.
Willet is visibly angry and says that is sounds like landlords are evil. He talks about buying house 30 years ago and having to evict the tenant that wouldn’t leave. He says that he had no money for eviction but had to pay it. Says sheriff did a great job and that the court decides if the tenant has to pay the fees. He says they should let the judge decide. [He obviously didn’t understand what Hendrick explained about the law!]
Rusk says this is a hard one. Says the sheriff tried to live within his budget, unlike the last one. But his budget isn’t balanced and that it is the policy of the county to charge actual costs for user fees if they are used by a small number of people. He says that he’s chair of PP&J and it is his responsiblity to make sure that they stay within the budget, so that there aren’t transfers so the money doesn’t get taken out of human services. If we do early intervention, people won’t end up in criminal justice system. Understands its a bad economy and its only $6,000, but now we have new information we need to drop down to $10 and there will be further loses. He says there are 6 – 9 people who do nothing but service of papers, and its state statute that requires them to do it and it is $60,000 – 70,000 per person. Says he is conflicted, as many are, but this has been through the process twice. That both committees passed it overwhelmingly, twice.
ROLL CALL
AYE: Solberg, Stoebig, Veldran, Vogel, Wheeler, Wiganowski, Willett, Bruskewitz, DeSmidt, Downing, Ferrell, Gau, Hampton, Hulsey, Jensen, Kostelic, Levin, Miles, Opitz, Ripp, Rusk, Schlicht, Schmidt, Hesselbein
NO: Bayrd, Erickson, Hendrick, Manning, Matano, Richmond, Salov, McDonell
ABSENT: Stubbs, Vedder, deFelice, Martz, O’Loughlin
Motion fails 24 – 8, McDonell explains that they need 25 votes to be 2/3 to pass.
M. SUCH OTHER BUSINESS AS THE COUNTY BOARD IS AUTHORIZED TO CONDUCT BY LAW
None.
N. ADJOURNMENT – Until Thursday, June 4, 2009, 7:00 or call of the chair.
Moved by Opitz, seconded by Hesslebein
* Contingent on Committee action week of May 18, 2009
And with that, they had wrapped it up in 1.5 hours.
