I opted for the library meeting, wanted to see how’d they rehab it. I liked it, will blog about that next. Meanwhile, short county board meeting, here’s what I can tell you! Agenda and attachments are here. Wiggy brings up an interesting issue under M. and the main debate is over zoning petitions (long driveways and extraterritorial zoning, plus a cool commercial composting project).
A. ROLL CALL – Hulsey and Veldran excused, but I understand there were quite a few others. I missed all of it, wasn’t aired.
1. Prayer/Inspirational Message – Vogel (Wheeler next)
2. Pledge of the Allegiance – Vogel
B. SPECIAL MATTERS AND ANNOUNCEMENTS
I don’t know how much of this I missed either.
When it got started the Downing was talking about Pat Hitchcock, but I missed all of it.
Wiggy wanted to talk about audit of information management and the article in the paper. He asked for the report and was told he couldn’t have it. McDonell suggested they take it up under Other Business. Asked no one to move adjournment
Hendrick, after acknowledging that the public doesn’t probably care but the supervisors might, said Chris Ladell in the County Board office who plays on a soccer team will be playing against Hendricks team on the 13th at Breese Stevens. He invites them, admission free, gates open at 5:30, game at 6:15.
Gau says that he is introducing a resolution regarding moratorium on buying parks and open space for 2010. Says that Finance Administrative Committee and County Board have positive position, but feels County Board should have a say. Asks others to sign on.
Stoebig talks about article in business section of State Journal awarding Bob Hesselbein (Supervisor Hesselbein’s husband) with an award for efforts to advance aviation security since 9-11. He has worked on better security for cargo and people with unescorted access to cargo area and secondary carriers in each aircraft. McDonell announces that is why she is absent tonight.
Vedder says in addition to watching Hendricks soccer game in her district, she invites people to the Annual Lanterns for Peace Event – anniversary of bombing of Hiroshima. She described the event, Friday the 7th at 7:00 to help make the boats and help the world go in a more peaceful direction.
Opitz, on behalf of Hesselbein as well, invited people to the 45th Annual Good Neighbor Festival, August 28 – 30. Theme is Blast from the past and it will have a parade on Sunday, a Beatles tribute band and the art fair.
O’Laughlin announces the Barbeque and Blues Festival at Lindsay Park in Windsor. Corner of 51 and Wheeler Road. Food and music is good, fund to watch the make the food.
McDonell announces that there are several birthdays of the supervisors this month.
14th – Vogel
16th – Hampton
17th – Solberg
18th – Rusk
21st – Wiggy
Also, he announces that Supervisor Carousel Bayrd and her husband Tim recently had a baby girl Mari Joy born on August 4th. They pass around a card.
C. APPROVAL OF BILLS AND ACCOUNTS
1. Claims Recommended for Approval
Approval Moved by Stoebig, seconded by Matano. Salov abstains from four zero. Passes on a voice vote.
2. Claims Recommended for Denial
Moved by Gau, seconded by Vogel. Passes on a voice vote.
D. APPROVAL OF PROCEEDINGS
Approval moved by Matano, seconded by Farrell. No discussion, passes on voice vote.
E. CONSENT CALENDAR
1. Res 74,09-10 – Approving a Master Plan for Lake View Hill Park as an Element of the Dane County Parks and Open Space Plan (Adopt)
Rusk said cuz Wheeler is out of town, she asked for him to read a brief statement that says that the Friends of Lake View Hill Park thank the staff and the feel confident that they have an excellent partnership with the county in the master plan moving forward. Motion carried on a voice vote.
They skipped Zoning Petitions because they don’t take them up until 7:30
H. ORDINANCES
1. Ord. Amdt 22 , 08-09 – Amending Chapter 31, Regarding Enforcement of Fair Housing Complaints (Adopt Sub 4 with Amdts/Adopt Sub 4)
McDonell announce this was postponed in Personnel and Finance so not properly before them, should be on the next agenda.
2. Ord. Amdt. 14, 09-10 – Amending Chapter 60, Regarding Domestic Partnership Registry for Opposite Sex Domestic Partners.
McDonell announces that this passed committee earlier this evening and the recommendation is adoption.
Richmond points out that they changed the ordinances last fall to include a domestic partnership registry and since then the State passed a new law in the last two months. This extends the domestic partnership registry in Dane County to opposite sex couples. They are continuing to support people in opposite sex partners to legitimize their relationship in Dane County. He says that the clerk has 99 couples that registered this week, 50 registered the first day. Thanks the state for allowing them to legitimize their relationship.
Passes on a voice vote, some nos.
I. AWARD OF CONTRACTS
1. Res 58, 09-10 – Authorizing the Sale of Land in the Town of Mazomanie to Wisconsin Department of Natural Resources (Adopt)
No discussion, passes on a voice vote.
2. Res 68, 09-10 – Chang e Order to Agreement on Design Services for Coliseum Roof Replacement (Adopt)
No discussion, passes on a voice vote.
3. Res 71, 09-10 – Approving Change Order #2 for Roberts Construction for Direct Purchase of Materials for Badger Prairie Construction (Adopt Sub 1)
No discussion, passes on a voice vote.
4. Res 73, 09-10 – Renewal of Wileman Agriculture Lease on Public Works Lands in Cottage Grove. (Adopt)
Willet says that they should be stating what Personnel and finance recommended. McDonell says it should have been updated and he thinks they passed them. He said that the first committee action is what is before them. Personnel and Finance voted 6 – 0 on the three previous items. No further discussion, passes on a voice vote.
5. Res 75, 09 – 10 – Authorizing a Service Contract between Dane Copunty and SGTS, Inc. for Performing Maintenance of Security Systems in Dane County Jail Facilities.
MdDonell says the motion is adoption, Personnel & Finance recommended adoption 6 – 0. Public Protection & Judiciary recommended adoption 4 – 0. No discussion, passes on a voice vote.
6. Res 81, 09-10 – Change Order #1 to Contract for the Chiller Project in the Public Safety Building. (Adopt)
McDonell says Board of Public Works recommended adoption 4 – 0. Personnel & Finance recommend adoption 6 -0. No discussion, passes on a voice vote.
7. Res 82, 09-10 – Change order #1 for the 6ht and 7th Floor Jail Shower Epoxy Project in the City-County Building (Adopt).
McDonell says Board of Public Works recommended adoption 4 – 0. Personnel & Finance recommend adoption 6 -0. No discussion, passes on a voice vote.
8. Res 83, 09-10 – Authorizing the Sale of Highway Surplus Land in the Town of Primrose (Adopt)
McDonell says Board of Public Works recommended adoption 4 – 0. Personnel & Finance recommend adoption 6 -0. No discussion, passes on a voice vote.
9. Res 84, 09-10 – Authorizing Rental Lease Between the Alliant Energy Center of Dane County and National Kidney Foundation (Adopt)
McDonell announces this was postponed in Personnel & Finance so it is not before them.
10. Res 85, 09-10 – Change Order to Contract for the Job Center Interior Remodel Project (Adopt)
McDonell says Board of Public Works recommended adoption 4 – 0. Personnel & Finance recommend adoption 6 -0. No discussion, passes on a voice vote.
11. REs 88, 09-10 – Award of Contract for Security Guard Services
McDonell says Personnel & Finance recommend adoption 6 -0. No discussion, passes on a voice vote.
J. RESOLUTIONS
1. Res 87, 09-10 – Amending Boundaries for Supervisory District 25 & 26 City of Middleton, Ordinance Dated 6-12-2009
McDonell says that Executive Committee recommended adoption 9 – 0 earlier in the evening. No discussion, passes on a voice vote.
2. Res 90, 09-10 – County Executive Appointments
McDonell says that Executive Committee recommended adoption 9 – 0 earlier in the evening. No discussion, passes on a voice vote.
K. ITEMS THAT REQUIRE A TWO-THIRDS MAJORITY FOR PASSAGE
1. Ord Amt 15, 09-10 – Amending Chapter 62, Regarding Domestic Partnership Fees ( )
2. Res 72, 09-10 – Creating a New Americorps Project – Recovery Grant Department of Human Services – CYF Division Accepting New Revenue Creating New Expenditure Accounts (Adopt)
3. Res 76, 09-10 – Accepting Catastrophic Planning Project Grant ( )
4. Res 77, 09-10 – Accepting Medical Reserve Corps (MRC) Volunteer Promotion Grant Funds
5. Res 78, 09-10 – Authorizing Acceptance of Funds form the FY 2009 Justice Assistance Grant
6. Res. 79, 09-10 – Authorizing Acceptance of Funds from the Recovery Act: Edward Byrne Memorial Justice Assistance Grant (JAG) Formula Program
7. Res 86, 09-10 – Authorizing Acceptance of Grant from the Nature Conservancy for Water Monitoring ( )
8. Res 89, 09-10 – Transfer Funds to Financial Education Center Director Position ( )
9. Res 91, 09-10 – Acceptance of a WI DNT Grant – Yahara Lakes Partnership ( )
He announces that they are passing the committee recommendation – not listed on the agenda for most, and not listed in the packet. No request for separation, no objection to recording it as a unanimous vote.
[At this point in my blogging experience, I am annoyed . . . first of all, I can’t cut and paste off the agenda so I have to type all these items, I list them because otherwise people probably won’t even look at what the county board does. Second of all, not being there, I can’t tell you what all those recommendations are. I give them an F for making this section of the meeting comprehensible to the public, even tho I presume that these all passed and probably unanimously – but then again, you never know.]
M. SUCH OTHER BUSINESS AS THE COUNTY BOARD IS AUTHORIZED TO CONDUCT BY LAW
Wiggy asks again about the audit on Information Management services that he can’t get a copy of. He says he hasn’t been able to find out who the oversight committee is. Was told he couldn’t have a copy. Made an open records request, was told he had to pay for it. As a supervisor, he’d like a memo prepared about when they can get info and when they have to pay for it. He finds it odd that the bureaucrats can have the information but politicians can’t. He says his job is to find out what is going on. If he has to pay for it does it mean that County Exec also has to pay. He has no problem with it being redacted, but does have a problem being told he can’t have it. No criticizing any one, he did get the information, but he got it from the press, which he found alarming.
McDonell agrees it sounds odd, says he’ll ask Corporation Counsel for a memo and also ask Finance Chair to put that and the 5 year IT plan on the next agenda, they were supposed to get that last month. He says they can go into closed session if there are sensitive items. He says any supervisor can stay for closed session and he’ll let them know when that happens by an email reminder.
Wiggy explains that his main concern is not being able to get the info and getting it from the press. He said he doesn’t have a problem paying for it.
McDonell asks to be cc’d on that next time, cuz that is his job.
Wiggy suggests that they do go into closed session and look into it because he says it has financial impacts.
7:25, McDonell says they can suspend the rules or wait 5 minutes. They recess for 5 minutes.
G. REPORTS ON ZONING PETITIONS
a. Map of Dane County
b. Summary of Grant as Modified Petitions
1. Petition 10014 – Town of Middleton – L Kane (Grant)
3. Petition 10048 – Town of Perry – County Supervisor Downing (Grant as Modified
4. Petition 10052 – Town of Sun Prairie – Troy Statz (Grant as Modified)
5. Petition 10058 – Town of Cottage Grove – Daniel Goff (Grant as Modified)
6. Petition 10059 – Town of Perry – Obert Jelle (Grant as Modified)
7. Petition 10062 – Town of Primrose – Richard Lehrer (Grant as Modified)
8. Petition 10063 – Town of Montrose – Daniel Elsing (Grant)
10. Petition 10066 – Town of Rutland – Todd Hanson (Grant)
12. Petition 10068 – Town of Montrose – Frank Gobel (Grant)
13. Petition 10069 – Town of Rutland – Thomas Dybevik (Grant)
17. Petition 10076 – Town of Primrose – Dan Rindy (Grant)
18. Petition 10083 – Town of Middleton – Audrey Koritzinsky (Grant)
[I wonder if we did a random survey, how many Dane County Residents would know where each of those towns are – I think I’d not do as well as I should.]
All pass on a voice vote, they separated item 2 (speaker), 9 (Miles), 11 (Miles), 14 (Miles), 15 (Salov) & 16 (Hendrick) for discussion.
2. Petition 10028 – Town of Vermont – Robyn Sandin (Deny)
PUBLIC TESTIMONY
Donald Sands speaks in support – Realtor with First Weber, represents Sandin. Never challenged a petition before. This is not a development, this is about building one house on one 60 acre piece of land. There were no exceptions or variances, because none are needed. They bought the land in 2007 after zoning changes made by various committees, they were inappropriately advised that the county approval was no problem. Meantime, the husband John passed away and Robyn is stuck with the mess. He says that they must have had incorrect information when ZLR looked at it. Their finding of facts (denied 3 – 2) is inaccurate as follows: He says that 66 ft of road frontage is not required, verified by staff. He says that 8 – 9 acres are used instead of 5 acres. He says it is really just 2 acres, even with driveway is 3 acres. He says concerns about driveway but the fire codes are all met. Driveway would go in tomorrow without their approval. He says driveway won’t need significant road – but the road already exists as a farm road. He said that they only need one access to the driveway and Vermont has minimal siting standards. He says that is a way to say that Vermont is just a bunch of Hayseeds. He says that it was a close call based on misinformation. Shouldn’t micromanage Vermont. Don’t send it back to ZLR because its been there twice. He wants to know the supervisor’s position. He says approval could be win-win, that county has already made its point, Vermont and local control could be respected and Ms. Sandin’s property would no longer be worthless.
No questions of the speaker.
DISCUSSION
Hendrick supports denial, its been here before. Points them to G. b. in the packet. G. 2. is too far. He says the speaker mention the findings, but he points out it was denied by the county board. He thinks it would be a bad precedent to let people keep coming back until they get a different chair or members or people absent. Petition conflicts with the Vermont portion of the Comprehensive Plan which they adopted. The first of three conflicts are that the rezoned area must be next to a county road. It is true it doesn’t require a CSM by ordinance, but it is a comprehensive plan issue that they would require that. Second, Town of Vermont adopted a component of their plan that says that they don’t want significant grading. He’s visited the site twice and everyone agrees it needs grading and he says it should be done now. The third is that buildings and drive is supposed to be less than 5 acres. He says the calculation is that the property was 62 acres and only 53 acres will remain in farm land. Finally, he says Corporation Council has given them a memo that says that they can deny a petition based on the health safety and welfare of Dane County residents. Fire chief has said he has concerns with a driveway that is 2,300 feet long, in fact a public road would be limited to 1,000 feet. If that one long driveway were ever blocked, to get to the site from the other side from the public road, you have to climb 1200 feet up the hill.
Jensen says that this is a long driveway, but he wants them to look at the engineered driveway specifications in the packet. The driveway has been engineered and once installed, there will not be the issue of erosion. It is long, but it will be accessible by EMS and Fire. Minutes from Zoning Committee are incomplete, he also said he doesn’t have a problem with it. He says the farmer’s letter, the guy selling the land, says that the home site is the poorest land on the farm. And they will keep the rest in pasture and seeded down. He says the best land use is to keep the land seeded down. When you plow it you have soil erosion. He says the topography is in hilly.
Solberg – speaking to deny the denial. Says on April 28th they postponed to look at other sites, but there were no other sites that were plausible on this land. She said that the farmer has no vested interest in the land since it was already sold. She says that the Black Earth Fire letter was taken out of context.
Miles takes exception to the characterization that the letter from the Fire Department was taken out of context. The first sentence says that the reviewed the plans and that they meet standards – not that they are ok with it. The second sentence says that they are concerned. They also worked with her to look at other ideas, there are alternatives that wouldn’t require traversing through open farm land and seeded it closer to the woods. There is another solution. Petitioner didn’t take advantage of that and she knew there were problems with that.
Downing says that the major difference from last time is that we have a different county board, so the petitioners waited the required time and presented the same petition. They are entitled to do that. He says he took the site visit, he says everyone has the realtors letter and the clarifications. He says there is only one access to the site and he says that criteria doesn’t exist any where. He says all the concerns have been addressed and the town has really active residents and they keep re-electing the town board that has approved this and they like the way they interpret this. He thinks they should defer to the decision of that board and let those closest to the land decide.
Hendrick says not everyone has received that letter. He found a copy to McDonell in the garbage. He says nothing is different in the letter than what the committee looked at, they did not make a factual error. He says they are not making up criteria, specifically asked the Corporation Council and they said that they can’t set standards of a standard length. They can take into account that if something is far from a public road and would impact the health and safety. He says they need a reasonable basis and this case it is from the site basis – he says you’d need to be a mountain goat to access it if the road was blocked. He says they are not making it up – it is a basis the corporation council says they can use.
Gau says there is another way without 12% slopes where the driveway could go. He says that other residences in the area have been approved. He says that the road is designed quite extensively for access and storm water. He says the health and welfare is protected and it is designed by a professional. He says as a supervisor he thinks that the zoning committee is on soft legs. He says no engineer has reviewed this.
O’Laughlin says that they haven’t had a zoning discussion like this in a long time. Lyman Anderson would be saying, they are putting this house back on the poorest soil, they have the split, this is the second time they have come back, how do you think they feel? You’re out in the Town of Vermont where the elevations change frequently and they are trying to improve the site – wonders who paid for all the engineering. He says she would be concerned about her own and others health and safety. The Town has approved it. The engineering will improve the site. Stormwater usually comes up with rejections. This is probably the 2nd or 3rd house built out there last year. He worried that putting the house on the worst soil isn’t good enough and wants them to reverse the denial.
EXPLANATION OF THE VOTE
Bruskewitz asks McDonell to explain the vote. He says if you vote Aye, you are confirming the Zoning Committees recommendation for Denial. If you vote No, you are voting to send it back to committee for them to come back with another recommendation, per county rules.
ROLL CALL
AYE: Erickson, Hendrick, Kostelic, Levin, Manning, Matano, Miles, Opitz, Richardson, Rusk, Schmidt, Stoebig, Vedder, McDonell
NO: Vogel, Wiggy, Willet, Brustkewitz, DeSmidt, Downing, Ferrell, Gau, Hampton, Jensen, Martz, O’Laughlin, Ripp, Salov, Schlicht, Solberg, Stubbs
ABSENT: Wheeler, Bayrd, deFelice, Hesselbein, Hulsey, Veldran
Denial overturned 17 – 14, 6 absent
9. Petition 10064 – Town of Dunn – Bay View Heights Inc (Grant)
Miles says supports committee action, gives kudos to the Town for finally getting underway with the project. Emergency storm shelter by a mobile home park. in 1993 a tornado went north of it and in 1995 one went south of it and its Russian roulette and people need that shelter. Only place they can go is the culvert under the road which is dangerous due to high winds. Thanks CDBG commission for the funding.
Passes on a voice vote.
11. Petition 10067 – Town of Cross Plains – David Theis (Grant)
Miles amends committee action to be consistent with Town, it was just an oversight. Changes zoning from A2(2) instead of RH1. Amendment and main motion both pass on a voice vote.
14. Petition 10071 – Town of Medina – Congregation of St. Mary of Nativity (Grant as Modified)
Town Chair is available for information only, also on the next item.
Hendrick asks a question. They have to go find the guy cuz they went out of order. He asks about the extraterritorial zoning issue, if the Village of Marshall extends their power, the County Board wouldn’t have authority to do this. The board chair says that Marshall posted that today in the paper and they are not the ones that have the power.
Miles says it might be a moot point, but he wants to fix a typo in the ordinance, all should be all A2(8), not A2(4).
McDonell says that they can’t change an ordinance with a petition, but asks him to show it to the clerk so they can fix the typo.
Salov says he checked out the ETZ situation, he says everything was in order and he thinks it is not propoerty before them. So her refers back to the committee to resolve. Hendrick seconds. Passes unanimously.
15. Petition 10073 – Town of Medina – Bailey Farms Properties, LLC (Grant as Modified)
Salov says ditto. He talks about old case where they have been sued and he refers this as well. Hendrick seconds. Passes unanimously.
16. Petition 10075 – Town of Verona – Mark Barnes (Grant as Modified)
Richmond points out that this is interesting because it is a person who will do commercial composting. He heard about it on a committee where they are looking to make agriculture in all ways more profitable. They will be composting commercial food waste and then sell it. He says this is really what we need to look at for economic development and sustainable agriculture. Passes unanimously.
N. ADJOURN
Opitz moves adjournment, seconded by Vedder.
