COUNTY BOARD PROCEEDINGS J U N E 6, , 7 : 3 0 P. M. S E S S I O N

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1 COUNTY BOARD PROCEEDINGS J U N E 6, , 7 : 3 0 P. M. S E S S I O N The Dane County Board of Supervisors met pursuant to statute. Chair Kesterson called the meeting to order. County Clerk Parisi called the roll: PRESENT: Anderson, D. Blaska, Brown, Bruskewitz, Cornwell, Eggert, Erickson, Fyrst, Graf, Hanneman, Hanson, Hitzemann, Lowe, Martz, Mohrbacher, O'Loughlin, Olsen, Pertzborn, Richmond, Ripp, Rusk, Salkin Salov, Schoer, Wendt, Wiganowsky, Wilcox, and Kesterson. Supervisors Heiliger, Hendrick, Matano, McGuire, Opitz, and Vedder arrived after roll call. EXCUSED: M. Blaska, Hulsey, and McDonell. Supervisor Erickson offered an inspirational message and led the Pledge of Allegiance. SPECIAL MATTERS AND ANNOUNCEMENTS State of the Waters Dane County Lakes & Watershed Coordinator Susan Jones delivered the annual State of the Waters report. Dane County Tree Board Annual Report Tom Kroll and Mike Mattox addressed the Board concerning the activities and goals of the Tree Board. U. S. Conference of Mayors Security Plan Bonnie Hammersley, Dane County Director of Administration, and Gary Hamblin, Dane County Sheriff, addressed the Board concerning the Security Plan for the City-County Building during the upcoming U. S. Conference of Mayors, which will be held at the Monona Terrace Convention Center on June 14 18, APPROVAL OF BILLS AND ACCOUNTS Claims Recommended for Approval We, the Personnel & Finance Committee, have examined the following bills which have been incurred in the operation of our County Departments. Inasmuch as the claims which cover the items purchased have been found reasonable and proper, we recommend that they be allowed by the Dane County Board. Academy Electric-Labor & Materials for Siren Maintenance-Emergency Mgmt... $27, Advanced Filing Concepts-2002 Custom File Folders & Jackets-Clerk of Courts... $17, American Petroleum Service-Installation of 500 Gal. Fuel Tank-Airport... $10, Bachmann Construction Co.-Restroom Tenney Park Locks-Public Wks... $18, Baltimore Paint & Chemical-Paint Supplies-Highway... $47, Dane County Highway Dept-Labor & Materials for April-Sheriff... $19, Electric Construction-Midwest Horse Fair Labor Costs-Alliant Energy Center... $17, Evans Industrial Comm.-Motorola Spectra Tax Receivers w/speaker-911 Ctr... $16, ITS-Staffing Services 3/29/02-4/11/02-Airport... $10, Jefferson County Sheriff-Inmate Housing-April-Sheriff... $15, Lakeside Oil Co.-Diesel & Unleaded Gasoline Purchases-Highway... $43, Madison City Treasurer-Jan-Mar 02 Clean Sweep Program-Public Works... $24, Medtronic Physio-Control Corp-Lifepak 12 Defibrillators-Airport... $19, Meriter Hospital-Inpatient Care Payment-Human Services... $15, Packaging Tape Inc.-DC Tape Paper Liner-Alliant Energy Center... $10, Pukall Co., Inc.-Concrete Repairs & Waterproofing-Parking Ramp... $21, Sherwin Industries Inc.-Pavement Routers w/carbide Cutters-Highway... $15, UW Hospitals & Clinics-Patient Services-Human Services... $10, Wis Dept of Corrections-Home Monitoring Units (Jan-Mar 2002)-Clerk of Cts ATIP... $20, Subtotal... $384, ADSI-CAD Upgrade-911 Center... $71, ASC Pumping Equipment-Booster System for CCB-Facilities Mgmt... $14, Balisle & Roberson, S.C.-Moving Expenses & Replacement Business Tenant-Admin.... $99,

2 Elsing Oil Co.-Gasoline Purchases-Highway... $11, Godfrey & Kahn-Legal Services thru April 30, 2002-Administration/Employee Rel... $15, Henshue Construction-Partial Billing for Alliant Energy Ctr Repair-Alliant Energy Ctr... $14, Housing Initiatives, Inc.-December 2001 Addendum-Human Services... $12, Mid-State Power & Equipment-Tractor Mower & Deck-Highway... $18, Payne & Dolan, Inc.-Asphaltic Concrete Purchases-Highway... $25, Southland Printing Co.-Parking Tickets-Airport... $14, Transit Solutions Inc.-Jan-June 2002 Contract Addendum-Human Services... $19, United State Postal Services-Postage Meter Refill-Admin/Printing & Services... $50, Wis Dept of Natural Resources-Managed Forest Tax-Treasurer... $12, Wis Dept of Transportation-AIP-31 & SA-66 Payments-Airport... $600, Total... $1,363, carried. Moved by Supervisor Graf, seconded by Supervisor Cornwell, to adopt the above amended bills and accounts. Motion Claims Recommended for Denial Moved by Supervisor Graf, seconded by Supervisor O'Loughlin, that the following claims be denied: 1. Nancy Boulos against Jail - $40 claims shoes damaged during intake search. 2. Midwest Security for Kathy Trieloff Christiansen, Mitchell against Alliant Energy Center - $1, claims bodily injury during concert. 3. Jerry Draves o/b/o Minor child Amie against Alliant Energy Center - $1,700 claims bodily injury during concert. 4. Patrick Emmitt against Highway - $ claims motorcycle damage due to road conditions. 5. Jeremy Greene against Bailiff - $ claims loss of clothing taken by his attorney. 6. West Bend Mutual for Stark Olds, Katherine Lanaville claims bodily injury from fall on private road. 7. Bill Powell against Highway - $1, claims vehicle damage from loose gravel. 8. Timothy Puza against Sheriff - $ claims window breakage in response to house alarm. 9. Brad Wildenberg against Sheriff - $ claims medical bills from jail clearance exam. The question before the Board was denial of claims. Motion carried. APPROVAL OF PROCEEDINGS Moved by Supervisor O'Loughlin, seconded by Supervisor Wilcox, to approve the Proceedings of the County Board meetings of April 16 and May 2 & 16, Motion carried. REPORTS ON ZONING PETITIONS PETITION ZONING CHANGE IN THE TOWN OF COTTAGE GROVE - ZONING ORD. AMDT Petition 8075, CUP 1685, by Marjorie Kreuger to change the zoning from the A-1 EX Exclusive Agricultural district to the A-2(1) Agricultural district on property located at 1647 Susan Lane in part of the SW1/4 SE1/4 Section 24, Town of Cottage Grove. The Zoning & Natural Resources Committee recommends that Petition 8075 be granted and Zoning Ord. Amdt be adopted. Motion carried. PETITION ZONING CHANGE IN THE TOWN OF ROXBURY - ZONING ORD. AMDT Petition 8345 by Norbert Barbian to change the zoning from the A-1 EX Exclusive Agricultural district to the RH-2 and RH-3 Rural Homes districts on property located at 8036 Lueth Road in part of the W1/2 SW1/4, SW1/4 SE1/4, and SE1/4 SE1/4 Section 13, Town of Roxbury. The Zoning & Natural Resources Committee recommends that Petition 8345 be granted as modified and includes the condition that a certified survey map be recorded within 90 days, and Zoning Ord. Amdt be adopted. Motion carried. 41

3 PETITION ZONING CHANGE IN THE TOWN OF CROSS PLAINS - ZONING ORD. AMDT Petition 8356, CUP 1758, by Dane County to change the zoning from the A-1 EX Exclusive Agricultural district to the CO- 1 Conservancy district on property located at 7013 Timber Lane Road in part of the NE1/4 NE1/4 Section 24, Town of Cross Plains. Michael Coyle, Madison, registered in support of Petition The Zoning & Natural Resources Committee recommends that Petition 8356 be granted and Zoning Ord. Amdt be adopted. Motion carried. PETITION ZONING CHANGE IN THE TOWN OF COTTAGE GROVE - ZONING ORD. AMDT Petition 8357 by Walter Olson to change the zoning from the A-1 EX Exclusive Agricultural district to the R-1 Residential district on property located south of 4506 Kennedy Road in part of the SW1/4 SE1/4, Section 3, and NW1/4 NE1/4, Section 10, Town of Cottage Grove. Walter J. Olson, Deerfield, registered in support of Petition The Zoning & Natural Resources Committee recommends that Petition 8357 be granted as modified, subject to the Conditions below and including the condition that an approved plat be recorded within one year, and Zoning Ord. Amdt be adopted. Motion carried. Conditions: 1. Within one year of the date of approval the landowner shall record a subdivision plat that complies with all requirements of the Town of Cottage Grove Land Division Ordinance and Chapter 75 of the Dane County Code; 2. Prior to the issuance of zoning permits on the property, the landowner shall obtain an erosion control and stormwater management permit under Chapter 14, including compliance with those provisions scheduled to take effect on August 22, 2002; 3. Prior to the issuance of zoning permits on the property, the landowner shall comply with all requirements for participation in the town's Transfer of Development Rights program as described in the Dane County Farmland Preservation Plan and Town of Cottage Grove administrative procedures. PETITION ZONING CHANGE IN THE TOWN OF PLEASANT SPRINGS - ZONING ORD. AMDT Petition 8367 by David and Florence Drotning to change the zoning from the A-1 EX Exclusive Agricultural district to the A-2(2) Agricultural district on property located north of 2055 Spring Road in part of the NE1/4 NW1/4 Section 27, Town of Pleasant Springs. The Zoning & Natural Resources Committee recommends that Petition 8367 be granted and includes the condition that a certified survey map be recorded within 90 days, and Zoning Ord. Amdt be adopted. Motion carried. PETITION ZONING CHANGE IN THE TOWN OF BLUE MOUNDS - ZONING ORD. AMDT Petition 8371 by Gary and Cathy Sutter to change the zoning from the A-1 EX Exclusive Agricultural and C-1 Commercial districts to the RH-2 Rural Homes and A-2(8) Agricultural districts on property located east of Blessingway Road in part of the NE1/4 NE1/4 Section 22, Town of Blue Mounds. The Zoning & Natural Resources Committee recommends that Petition 8371 be granted as modified and includes the condition that a certified survey map and the Deed Restriction below be recorded within 90 days, and Zoning Ord. Amdt be adopted. Motion carried. Deed Restriction: 1. There shall be no residential development on the A-2(8) rezone area. PETITION ZONING CHANGE IN THE TOWN OF BURKE - ZONING ORD. AMDT Petition 8386 by Mark and Nicole Stace to change the zoning from the A-1 Agricultural district to the C-2 Commercial district on property located at 3624 CTH T in part of the SE1/4 SW1/4 Section 35, Town of Burke. The Zoning & Natural Resources Committee recommends that Petition 8386 be granted and Zoning Ord. Amdt be adopted. Motion carried. 42

4 PETITION ZONING CHANGE IN THE TOWN OF PLEASANT SPRINGS - ZONING ORD. AMDT Petition 8391 by Rozella Downing to change the zoning from the A-1 EX Exclusive Agricultural district to the RH-1 Rural Homes district on property located east of 3165 CTH MN in part of the SW1/4 NW1/4 and SE1/4 NW1/4 Section 6, Town of Pleasant Springs. The Zoning & Natural Resources Committee recommends that Petition 8391 be granted and includes the condition that a certified survey map be recorded within 90 days, and Zoning Ord. Amdt be adopted. Motion carried. PETITION ZONING CHANGE IN THE TOWN OF BURKE - ZONING ORD. AMDT Petition 8400 by Joan Stoflet, et. al., to change the zoning from the A-1 Agricultural district to the R-3A Residential district on property located at Forest Oaks Drive and Forest Oaks Drive in part of the NE1/4 SE1/4 Section 36, Town of Burke. The Zoning & Natural Resources Committee recommends that Petition 8400 be granted and includes the condition that a certified survey map be recorded within 90 days, and Zoning Ord. Amdt be adopted. Motion carried. PETITION ZONING CHANGE IN THE TOWN OF ROXBURY - ZONING ORD. AMDT Petition 8404 by Edward and Patricia Pertzeborn to change the zoning from the A-1 EX Exclusive Agricultural district to the RH-1 Rural Homes district on property located east of 9042 Katzenbuechel Road in part of the NE1/4 SE1/4 Section 32, Town of Roxbury. The Zoning & Natural Resources Committee recommends that Petition 8404 be granted and includes the condition that a certified survey map be recorded within 90 days, and Zoning Ord. Amdt be adopted. Motion carried. PETITION ZONING CHANGE IN THE TOWN OF SPRINGFIELD - ZONING ORD. AMDT Petition 8409 by Florian and Charlene Dahmen to change the zoning from the RH-3 Rural Homes and R-3A Residential districts to the RH-1 Rural Homes and R-3A Residential districts on property located at and north of 7076 Town & Country Lane in part of the NW1/4 SW1/4 Section 15, Town of Springfield. The Zoning & Natural Resources Committee recommends that Petition 8409 be granted as modified, subject to the Condition below, and includes the condition that a certified survey map and the Deed Restriction below be recorded within 90 days, and Zoning Ord. Amdt be adopted. Motion carried. Condition: 1. That Lot 2 driveway access must be no less than 33 feet. Deed Restriction: 1. Deed restriction on lot 3 specifying that there be no buildings permitted on the narrow strip behind current CSM PETITION ZONING CHANGE IN THE TOWN OF BLACK EARTH - ZONING ORD. AMDT Petition 8411 by Dennis and Donna Sutcliffe to change the zoning from the A-1 EX Exclusive Agricultural district to the RH-3 Rural Homes district on property located east of Fesenfeld Road in part of the SE1/4 SW1/4 Section 29, Town of Black Earth. The Zoning & Natural Resources Committee recommends that Petition 8411 be granted and includes the condition that a certified survey map be recorded within 90 days, and Zoning Ord. Amdt be adopted. Motion carried. PETITION ZONING CHANGE IN THE TOWN OF DANE - ZONING ORD. AMDT Petition 8415 by Mary Hewitt to change the zoning from the A-1 EX Exclusive Agricultural district to the RH-3 Rural Homes district on property located south of 6700 Pertzborn Road in part of the SW1/4 SW1/4 Section 29, Town of Dane. The Zoning & Natural Resources Committee recommends that Petition 8415 be granted as modified, subject the Condition below and the condition that a certified survey map be recorded within 90 days, and Zoning Ord. Amdt be adopted. Motion carried. Condition: 1. Rezone uses up 35 acres of eligible farm acres. 43

5 PETITION ZONING CHANGE IN THE TOWN OF DUNN - ZONING ORD. AMDT Petition 8423 by Dorothy Berkan to change the zoning from the A-1 EX Exclusive Agricultural district to the RH-1 Rural Homes and R-1A Residential districts on property located at and north and south of 2836 Dorothy Road in part of the NE1/4 and SE1/4 of the NE1/4 and SE1/4 NE1/4 Section 7, Town of Dunn. The Zoning & Natural Resources Committee recommends that Petition 8423 be granted as modified, including the condition that a certified survey map be recorded within 90 days, and Zoning Ord. Amdt be adopted. Motion carried. PETITION ZONING CHANGE IN THE TOWN OF MAZOMANIE - ZONING ORD. AMDT Petition 8425 by Dennis and Beverly Kirch and Elizabeth Goodwin to change the zoning from the RH-1 Rural Homes and A-1 EX Exclusive Agricultural districts to the RH-2 Rural Homes district on property located at 6614 Shower Road in part of the NE1/4 NE1/4 Section 36, Town of Mazomanie. The Zoning & Natural Resources Committee recommends that Petition 8425 be granted, including the Condition below and the condition that a certified survey map be recorded within 90 days, and Zoning Ord. Amdt be adopted. Motion carried. Condition: 1. The rezone area shall be less than 8 acres. PETITION ZONING CHANGE IN THE TOWN OF DUNKIRK - ZONING ORD. AMDT Petition 8428 by Duane and Kathie Vinje to change the zoning from the R-2 Residential district to the A-2(1) Agricultural district on property located at 269 Taylor Lane in part of the SE1/4 SW1/4 Section 29, Town of Dunkirk. The Zoning & Natural Resources Committee recommends that Petition 8428 be granted and includes the condition that a certified survey map be recorded within 90 days, and Zoning Ord. Amdt be adopted. Motion carried. PETITION ZONING CHANGE IN THE TOWN OF BLUE MOUNDS - ZONING ORD. AMDT Petition 8429 by Gary and Cathy Sutter to change the zoning from the A-1 EX Exclusive Agricultural district to the RH-2 Rural Homes district on property located north of 2230 STH 78 in part of the NW1/4 SW1/4 Section 23, Town of Blue Mounds. The Zoning & Natural Resources Committee recommends that Petition 8429 be granted as modified, including the Conditions below and the condition that a certified survey map be recorded within 90 days, and Zoning Ord. Amdt be adopted. Motion carried. Conditions: 1. Record with the Dane County Register of Deeds: a. A Certified Survey Map that conforms to all requirements of Chapter 75 of the Dane County Code; b. A driveway easement providing shared driveway access from State Highway 78 to Lots 1, 2 and 3 as shown in the preliminary CSM; c. Deed notice document, in a form approved by the zoning administrator, indicating that further residential development would exceed the limits described in the town land use plan and the Dane County Farmland Preservation Plan. Such notice shall be recorded on the following parcels: W1/2 of SW1/4, Section 23, Town of Blue Mounds NE1/4 of SW1/4, Section 23, Town of Blue Mounds 2. Provide to the zoning administrator a copy of a shared driveway design and maintenance agreement approved by the Town of Blue Mounds Board of Supervisors. PETITION ZONING CHANGE IN THE TOWN OF BLUE MOUNDS - ZONING ORD. AMDT Petition 8431 by Roger Docken and David Lewis to change the zoning from the A-1 EX Exclusive Agricultural district to the R-1 Residential and R-1A Residential districts on property located at 2564 and 2570 Sand Rock Road in part of the NE1/4 SE1/4 Section 14, Town of Blue Mounds. The Zoning & Natural Resources Committee recommends that Petition 8431 be granted and includes the condition that a certified survey map be recorded within 90 days, and Zoning Ord. Amdt be adopted. Motion carried. PETITION ZONING CHANGE IN THE TOWN OF RUTLAND - ZONING ORD. AMDT Petition 8433 by Eric Grover to change the zoning from the A-1 EX Exclusive Agricultural district to the RH-1 Rural Homes district on property located west of 3699 Old Stage Road in part of the NE1/4 NE1/4 Section 34, Town of Rutland. 44

6 The Zoning & Natural Resources Committee recommends that Petition 8433 be granted as modified and includes the condition that the Deed Restriction below be recorded within 90 days, and Zoning Ord. Amdt be adopted. Motion carried. Deed Restriction: 1. Deed restrict the acre parcel (parcel # ) to prohibit further residential development. PETITION ZONING CHANGE IN THE TOWN OF PRIMROSE - ZONING ORD. AMDT Petition 8434 by Earl and Frances Garfoot to change the zoning from the A-1 EX Exclusive Agricultural district to the RH-2 Rural Homes district on property located south of 1370 Primrose Center Road in part of the NW1/4 NW1/4, Section 10, and SW1/4 SW1/4, Section 3, Town of Primrose. The Zoning & Natural Resources Committee recommends that Petition 8434 be granted and includes the condition that a certified survey map be recorded within 90 days, and Zoning Ord. Amdt. be adopted. Motion carried. PETITION ZONING CHANGE IN THE TOWN OF BLUE MOUNDS - ZONING ORD. AMDT Petition 8436 by Donna Bigler, et. al., to change the zoning from the RH-1 Rural Homes and A-1 EX Exclusive Agricultural districts to the RH-1 Rural Homes and A-1 EX Exclusive Agricultural districts on property located at 2797 Cave of the Mounds Road in part of the NE1/4 SW1/4 Section 8, Town of Blue Mounds. The Zoning & Natural Resources Committee recommends that Petition 8436 be granted and includes the condition that a certified survey map be recorded within 90 days, and Zoning Ord. Amdt be adopted. Motion carried. PETITION ZONING CHANGE IN THE TOWN OF RUTLAND - ZONING ORD. AMDT Petition 8441 by Lloyd and Ruth Klahn to change the zoning from the A-1 EX Exclusive Agricultural district to the RH-1 Rural Homes district on property located west of 4687 West Rutland Road in part of the NW1/4 SW1/4 Section 30, Town of Rutland. The Zoning & Natural Resources Committee recommends that Petition 8441 be granted and includes the condition that a certified survey map be recorded within 90 days, and Zoning Ord. Amdt be adopted. Motion carried with Supervisor Fyrst voting no. PETITION ZONING CHANGE IN THE TOWN OF CROSS PLAINS - ZONING ORD. AMDT Petition 8402, CUP #1770, by Wingra Stone Company to change the zoning from the A-1 EX Exclusive Agricultural district to the A-2(8) Agricultural district on property located west of 8359 Stagecoach Road in part of the N1/2 SW1/4 Section 11, Town of Cross Plains. The Zoning & Natural Resources Committee recommends that Petition 8402 be granted as modified, including the Conditions below, and Zoning Ord. Amdt be adopted. Conditions: 1. That there be no quarrying on the 11 acre rezone area. 2. That the applicant shall meet with Planning & Development and Land Conservation staff to review final plans including all structures that will be included on the subject site. The erosion control and storm water management plan must then be updated and resubmitted to Land Conservation for approval. This shall be completed prior to the rezone going to County Board. Clarification to be provided shall include: The number, type and dimensions of all structures to be built on the site Description of what will become of existing farm buildings Information about where the cows will be moved 3. That the parking of vehicles be on an impervious surface with a spill containment around the impervious surface; this is to be considered as part of the second motion with LCC approval and prior to going to the County Board. Moved by Supervisor Anderson, seconded by Supervisor Hanneman, to postpone action on Petition 8402 until the June 20 meeting of the County Board. Motion carried. 45

7 ORDINANCES ORD. AMDT. 24, AMENDING CHAPTER 11 OF THE DANE COUNTY CODE OF ORDINANCES, PROVIDING FOR MINOR STRUCTURES IN THE SHORELAND SETBACK AREA Moved by Supervisor Bruskewitz, seconded by Supervisor Salkin, to re-refer Ord. Amdt. 24 to the Public Protection & Judiciary Committee. Motion carried. AWARD OF CONTRACTS RES. 329, AWARDING CONTRACTS FOR EXPENDITURES OF 2002 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS In 1999 Dane County first received Community Development Block Grant (CDBG) funds through the Department of Housing and Urban Development s (HUD) urban county entitlement program. The goals of the CDBG program are to revitalize communities, increase affordable housing quality and quantity, promote economic development, and improve community facilities and services in the forty-eight participating communities. The County held a competitive application process for 2002 CDBG funds in the spring of After a rigorous review process involving the CDBG Commission, internal County staff and the application review team, the Annual Action Plan for 2002 CDBG funds was developed. The Annual Action Plan, a HUD-required document, outlines the uses and recipients of CDBG funds for The County Board approved the 2002 Annual Action Plan for submission to HUD (Resolution #173) at its December 6, 2001, meeting. Contracts for the use of CDBG funds identified in the 2002 Action Plan were developed with input from the CDBG Commission. The CDBG Commission approved each of the contracts identified below for submission to the County Board. Agency Name Program Name Amount Project Home Single Fam Hsg Rehab $67,500 City of Stoughton Downtown Commer Facades $50,000 Movin Out Mortgage Downpayment Assistance $30,000 Housing Authority Mortgage Downpayment Assistance $69,000 Housing Authority Housing Resource Center $40,000 Commun Action Coalition Homelessness Prevention $30,000 Village of Waunakee Downtown Planning $35,000 City of Verona Senior Center $115,000 NOW, THEREFORE, BE IT RESOLVED that each of the above mentioned contracts are approved by the Dane County Board; and BE IT FINALLY RESOLVED that the Dane County Clerk and Dane County Executive are hereby authorized and directed to sign the appropriate contract in behalf of Dane County. Zoning & Natural Resources and Personnel & Finance Committees recommend adoption of Res Motion carried with Supervisor Hitzemann voting no and Supervisor Wilcox abstaining. RES. 1, AUTHORIZATION TO PURCHASE LAND IN THE DOOR CREEK WETLANDS Dane County recently negotiated the fee purchase of approximately 48 acres in the Town of Dunn owned by Duane and Candace Swalheim. This land is located within the Door Creek Wetlands Natural Resource Site and contains an estimated 40 acres of wetland and 8 acres of upland. The parcel is zoned A-1 Exclusive. This purchase is a companion transaction to a conservation and development rights easement that will occur on the larger 148-acre Swalheim farm property. The Town of Dunn received a cost-share award from the 2001 Dane County Conservation Fund Grant Program to assist in securing that easement. Dane County has negotiated this fee acquisition on approximately 48 acres of this land to provide public access, permanent resource protection, open space, and recreational opportunities in the Door Creek Wetlands. 46

8 The negotiated price of $400 per acre for wetlands and $2,750 per acre for uplands approximates $38,000 plus associated closing and survey costs. This price represents the value difference between the price to be paid for the development rights and the unencumbered fair market value of the approximately 48 acres. The actual purchase price will be based upon exact wetland and upland acreage determined by a survey, with a closing to occur on or before December 31, Funds for this purchase are available in the Dane County Conservation Fund. The purchase contract stipulates that the Swalheims will have the right to continue farming the upland portion of the property (approximately 5 acres) at no cost until the County converts these lands to other park uses. This is intended to keep these lands free from invasive plant and tree species. NOW, THEREFORE, BE IT RESOLVED that the Dane County Board of Supervisors and the Dane County Executive hereby authorize the purchase of the approximately 48-acre parcel from Duane and Candace Swalheim according to the terms identified above. BE IT FURTHER RESOLVED that the Dane County Clerk and Dane County Executive are authorized to execute documents necessary to effectuate the purchase of the property by Dane County. BE IT FURTHER RESOLVED that this land interest be held by Dane County Parks in accordance with Wisc. Stats. Chapter 27.05(3). BE IT FINALLY RESOLVED that the Dane County Real Estate Officer is authorized to administer the closing and the transfer of the above mentioned rights to Dane County and the Controller is authorized to issue checks necessary to effectuate the transaction. carried. Public Works & Facilities Management and Personnel & Finance Committees recommend adoption of Res. 1. Motion RES. 2, AUTHORIZATION TO PURCHASE LAND ADJACENT TO WALKING IRON PARK Dane County recently negotiated the purchase of approximately acres in the Town of Mazomanie owned by Pamela and Frederick Wolf. This land is located north of Black Earth Creek and is part of a 40-acre parcel the Wolfs own adjacent to the southwest side of Walking Iron County Park. The parcel is zoned primarily A1 Exclusive with a small portion zoned RH-1. The negotiated price is $3,500 per acre, or approximately $74,690, plus associated closing and survey costs. The actual purchase price will be based upon exact acreage determined by a boundary survey, with a closing to occur on or before December 31, This property will provide a southern boundary at this location for Walking Iron Park with Black Earth Creek as a natural barrier at this natural resource site. The purchase contract stipulates that if lands within this acre parcel continue in agriculture beyond the date of closing, any lease payments received will be placed in a segregated fund intended for land restoration and management activities at Walking Iron Park until the land is converted to other park purposes. Funds for this purchase are available in the Dane County Conservation Fund. NOW, THEREFORE, BE IT RESOLVED that the Dane County Board of Supervisors and the Dane County Executive hereby authorize the purchase of the approximately acre parcel from Frederick and Pamela Wolf according to the terms identified above. BE IT FURTHER RESOLVED that the Dane County Clerk and Dane County Executive are authorized to execute documents necessary to effectuate the purchase of the property by Dane County. BE IT FURTHER RESOLVED that this land interest be held by Dane County Parks in accordance with Wisc. Stats. Chapter 27.05(3). BE IT FINALLY RESOLVED that the Dane County Real Estate Officer is authorized to administer the closing and the transfer of the above mentioned rights to Dane County and the Controller is authorized to issue checks necessary to effectuate the transaction. Public Works & Facilities Management and Personnel & Finance Committees recommend adoption of Res. 2. Motion carried. 47

9 RES. 17, AWARDING A CONTRACT FOR PROGRAM EVALUATION Executive and Personnel & Finance Committees recommend adoption of Sub. 1 to Res. 17. SUB. 1 TO RES. 17, AWARDING A CONTRACT FOR PROGRAM EVALUATION The 2002 Dane County Program Budget includes funds for the purchase of program evaluation and management auditing services. The Executive Committee identified two topics of interest for program review. A Request for Proposals was issued and responses were received from a number of firms. Responses are on file in the Purchasing Division of the Department of Administration. In light of the proposals, the Executive Committee decided to conduct an evaluation of medical services provided under contract at the Dane County Jail. The proposals have been evaluated, and the Executive Committee finds the proposal of Virchow Krause & Company, LLP, for completion of an audit of jail medical services to be most advantageous to the County. NOW, THEREFORE, BE IT RESOLVED that Virchow Krause & Company, LLP, be awarded the contract to complete the audit of medical services provided under contract at the Dane County Jail at a cost not to exceed $20,820; and BE IT FURTHER RESOLVED that the Executive Committee is authorized to direct Virchow Krause & Company, LLP, to complete further data analysis on this topic if electronic records are not available and this analysis would be completed at an average billable rate of $130 per hour for an additional cost not to exceed $7,000. BE IT FINALLY RESOLVED that the Dane County Clerk and the Dane County Executive are hereby authorized and directed to sign the appropriate contract on behalf of Dane County. The question before the Board was adoption of Sub. 1 to Res. 17. Motion carried. RESOLUTIONS RES. 288, APPROVAL OF FUNDS TO BE CARRIED FORWARD FROM The 2002 budget included authorization for Community Development Block Grant (CDBG) funds from 2001 projects that were not completed to be carried forward from 2001 to United States Department of Housing and Urban Development (HUD) regulations governing the CDBG program do not require all project funds to be expended in a calendar year. Since the 2002 budget authorization was submitted, it has been determined that unexpended CDBG funds remain from 2000 projects that need to be carried forward to NOW, THEREFORE, BE IT RESOLVED that the following funds unexpended and/or unrealized as of December 31, 2001, be carried forward to 2002: Account Actual through 12/31/ (Revenue) $1,301, (Expense) $1,274, $ 27, NOW, THEREFORE, BE IT RESOLVED that the balance of these accounts be carried forward to CDBG Revenue Account and CDBG Expense Account Personnel & Finance Committee and CDBG Commission recommend adoption of Res Motion carried unanimously. RES. 8, ACCEPTANCE OF A GRANT FROM THE WISCONSIN DEPARTMENT OF JUSTICE FOR LAW ENFORCEMENT MANAGEMENT TRAINING Management training for mid and upper managers is essential to the operation of modern law enforcement agencies. In recognition of this need, the Wisconsin Department of Justice (DOJ) has approved a $2,000 grant to the Dane County Sheriff's Office to help fund management training for Lt. Joseph Sampson. 48

10 Lt. Joseph Sampson is scheduled to attend a 10-week management training program presented by Northwestern University Traffic Institute. The Traffic Institute is internationally recognized for its law enforcement training program. Northwestern's School of Police Staff and Command is one of the leading law enforcement management courses. NOW, THEREFORE, BE IT RESOLVED that the Dane County Sheriff's Office be permitted to accept the $2,000 grant from the Wisconsin Department of Justice. BE IT FURTHER RESOLVED that $2,000 be added as additional revenue to the Sheriff's Office, Administration, Miscellaneous account and credited to the general fund and that $2,000 be transferred from the General Fund to the Sheriff's Office, Administration, Conference and Training expenditure account. BE IT FINALLY RESOLVED that any funds not expended be carried forward to the 2003 budget. Public Protection & Judiciary and Personnel & Finance Committees recommend adoption of Res. 8. Motion carried unanimously. RES. 9, TRANSFER OF FUNDS FOR THE CITY-COUNTY BUILDING JAIL REMODELING The City-County Building Jail Remodeling project was completed in 2001 except for the touch screen control panel console. This console allows the City-County Building touch screen controls to be incorporated into the existing workstation in the Public Safety Building. The control panel was part of the initial remodeling project and the plan was to have it installed in late The installation did not occur due to the fact modifications had to be made on the sprinkler heads. We had to wait for the final cost of those modifications in order to determine if there was enough money left to install the console. During the normal budget process, it was felt that the project would be completed in 2001 and a carry-forward request would not be necessary. Because the money for the control panel was not indicated as a carry-forward, the balance of $5, in the CCB Jail Remodeling account was reverted back to the General Funds. The control panel still needs to be installed, but there is no money to complete this project. NOW, THEREFORE, BE IT RESOLVED that $5,184 be transferred from the General Fund to the CCB Jail Remodeling account. Public Works & Facilities Management, Public Protection & Judiciary, and Personnel & Finance Committees recommend adoption of Res. 9. Motion carried unanimously. RES. 15, AUTHORIZING CAPITAL EXPENDITURES IN ADVANCE OF BORROWING The 2002 Dane County Capital Budget Appropriations Resolution, Sub. 1 to Res. 164, , includes the following provision: "Capital projects to be financed with borrowed funds may not proceed in advance of borrowing except with prior approval of the County Board and County Executive." Later this year Dane County is tentatively planning on completing its 2002 Capital Projects Borrowing. The 2002 Highway and Transportation Department Capital Budget has construction projects scheduled for borrowing, and due to the limited road construction season, it desires to start prior to the 2002 borrowing issue being completed. The affected projects are: Object Account Project Total Borrowed Portion Account Description $125,000 $ 55,000 CTH MM (Netherwood to 14) $562,000 $500,000 CTH V (I-90 Interchange) TOTAL $555,000 NOW, THEREFORE, BE IT RESOLVED that these Highway & Transportation capital projects be authorized to begin June 1, 2002 in advance of the actual borrowing, and that it is the intention of the County to reimburse itself the $555,000 portion of the expenditures with proceeds from the 2002 Capital Projects Borrowing. Public Works & Facilities Management and Personnel & Finance Committees recommend adoption of Res. 15. Moved by Supervisor Salov, seconded by Supervisor Heiliger, to postpone action on Res. 15 to the next regular meeting of the County Board. Motion carried. 49

11 RES. 28, COUNTY EXECUTIVE APPOINTMENTS The County Executive has appointed the following persons to the designated commissions, committees, and boards. These appointments require confirmation by the County Board. NOW, THEREFORE, BE IT RESOLVED that the appointments set forth below are confirmed. Airport Commission William White, 2708 Lakeland Ave., Madison ( H, W), to be reappointed. This term will expire 6/30/05. Children Come First Commission Attorney Phyllis Lathrope Schwahn, 6092 Imperial Drive, Waunakee ( H, W), to be reappointed. This term will expire 6/30/05. Dr. Paul Simenstad, 809 Miami Pass, Madison ( W), to be reappointed. This term will expire 6/30/05. Civil Service Commission Percy Julian, Jr., 2613 Waunona Way, Madison 537 ( H, W), to be reappointed. This term will expire 6/30/05. Election Commission David Schreiner, 1333 Prairie Village Road, Deerfield ( H, W), to be reappointed. This term will expire 6/30/05. Ethics Board Mary Lou Munts, 115 S. Franklin St., #302, Madison ( H), to fill a citizen seat. Ms. Munts was a longtime State Assemblyperson and serves on the Common Cause Board of Directors. This term will expire 4/20/04. Human Services Board Inger Kay, 6286 Sunset Dr., Verona ( H), to be reappointed. This term will expire 4/19/05. Maureen Torphy, 3010 Pelham Road, Madison ( H), to be reappointed. This term will expire 4/19/05. Local Emergency Planning Committee Eric Uram, 4317 Wakefield, Madison ( H, W), to fill the seat of an environmental representative. Mr. Uram is the Regional Representative for the Sierra Club s Midwest office. He has a B. S. degree in Natural Resources from the University of Wisconsin-Madison. In his position with the Sierra Club, he focus on media and policy work dealing with the Great Lakes and air toxic issues throughout nine states in the upper Midwest. This term will expire 4/20/04. Madison Metropolitan Sewerage District Board Edward V. Schten, 5710 Arbor Vitae Place, Madison ( H), W), to be reappointed. This term will expire 6/30/07. Youth Commission Barbara Arnold, 1242 Meadowlark Drive, Madison ( H, W), to be reappointed. This term will expire 4/20/04. Jeanne M. Behrend, 850 Schuster Road, Sun Prairie ( H), to fill the expired term of Mary Louise Gomez. Ms. Behrend is a Ph.D. Psychologist, counseling children, adolescents, adults, and families in a private outpatient mental health clinic. This term will expire 4/20/04. Executive Committee recommends adoption of Res. 28. Motion carried. RES. 37, SECURITY AT THE CITY-COUNTY BUILDING DURING THE CONFERENCE OF MAYORS The City of Madison will host the Conference of Mayors from Thursday, June 13 through Tuesday, June 18. In anticipation of the event, extensive security measures have been put in place, apparently a month or more before the event itself. It is reported that the security measures planned for the Conference of Mayors event include a "security perimeter" surrounding four square blocks of downtown Madison, including the block which includes the City-County Building. It is unclear what government agency or agency made the decision to impose these measures. 50

12 The offices in the City-County Building do business which necessarily engages the public; it is the people s building. From issuing marriage licenses and birth certificates to court hearings, the public requires access to the City-County Building. Denying public access during the Conference of Mayors would be not only impractical, but also an insult to the citizens of Dane County. The United States Constitution protects the rights of its citizens to assemble peacefully. The First Amendment of the United States Constitution provides that "Congress shall make no law... abridging the... right of the people peaceably to assemble, and to petition the government for a redress of grievances." The security measures proposed are not based on a documented threat to the safety of Madison's citizens or those attending the conference. There is no indication that violent protests are planned for the Conference of Mayors convention. A group called "Cities for People!" has described its intentions. It notes that events related to the Conference of Mayors convention are closed to the public, while corporations will have representatives at these events to discuss policy with the mayors. This group indicates that "a coalition of community groups, faith communities, labor unions, students, youth, and political parties has assembled under the name `Cities for People!'." This group has organized two events. One is "The People's Conference" and will take place all day Saturday, June 15, at the Labor Temple on South Park Street. The other is a "Community Parade for Cities" on Sunday afternoon, June 16. Dane County is dedicated to providing free access to its governmental institutions to its citizens. The "security perimeter" proposed to surround the City-County Building would appear to limit access by Dane County's citizens to its government for 3 business days. The Dane County Board of Supervisors is the legislative body that establishes law and policy for Dane County. The Dane County Board of Supervisors has not been consulted regarding any plans to restrict access by its citizens to Dane County governmental offices. NOW, THEREFORE, BE IT RESOLVED that the Dane County Board of Supervisors opposes closing the City-County Building to the public during the Conference of Mayors, scheduled for June 13 through June 18, BE IT FURTHER RESOLVED that the Dane County Board of Supervisors supports keeping its governmental offices open to its citizens during normal business hours at all times. BE IT FINALLY RESOLVED that a copy of this resolution be sent to Mayor Sue Bauman, Governor McCallum, Representative Tammy Baldwin, and Senators Kohl and Feingold. Moved by Supervisor D. Blaska, seconded by Supervisor Opitz, to adopt with the amendments recommended by the Executive Committee, as follows: 1) Delete the fourth paragraph 2) Delete the resolved clauses and replace them with the following: "NOW, THEREFORE, BE IT RESOLVED that the Dane County Board of Supervisors confirms the City-County Building will remain open to the public during the Conference of Mayors, scheduled for June 13 through June 18, "BE IT FURTHER RESOLVED that an administrative report will be made to the Dane County Board of Supervisors at the June 6th meeting on the affect of security to Dane County Government. "BE IT FINALLY RESOLVED that a copy of this resolution be sent to Mayor Sue Bauman." Moved by Supervisor D. Blaska, seconded by Supervisor Anderson, to amend by adding the following: "The Dane County Board of Supervisors encourages visitors from throughout the United States and the world to enjoy Dane County's hospitality. Tourism provides jobs and contributes to the overall quality of life in Dane County. "The Dane County Board of Supervisors upholds the right of every point on the political spectrum to be heard without denying the right of others to voice their beliefs. That violence, whether threatened or achieved against property or person, is inimical to a democracy and its elected representatives. "The members of the Dane County Board of Supervisors swore an oath to uphold the laws of the land. "NOW, THEREFORE, BE IT RESOLVED that we as individual members of the Dane County Board of Supervisors will, through our own actions and in encouragement of those with whom we voluntarily associate, respect the lawful orders of state, county, and municipal law enforcement authorities to maintain the peace and will prospectively report to those authorities any violations, plans or conspiracies to violate such orders." Moved by Supervisor Graf, seconded by Supervisor Salkin, for indefinite postponement of Res. 37. Motion carried. 51

13 ADJOURNMENT Moved by Supervisor Wendt, seconded by Supervisor Fyrst, to adjourn to Thursday, June 20, 2002, at 7:30 p.m., or at the call of the Chair. Motion carried at 9:06 p.m.. Subsequent to adjournment, the following matters were referred by Chair Kesterson: Ord. Amdt. 8, Amending Ch. 34, Clarifying the County Curfew for Fifteen Year Olds. Submitted by Supervisor Fyrst. Referred to PUBLIC PROTECTION/JUDICIARY. Res. 38, County Executive Appointments. Submitted by Supervisor Kesterson. Referred to EXECUTIVE. Res. 39, A Resolution Supporting a Long Term Agreement Between the Transportation Security Administration (TSA) and Dane County, Whereby Dane County, Under a Reimbursable Contract, Would Provide Law Enforcement Support to the TSA in Compliance with the Aviation and Transportation Security Act. Submitted by Supervisors Lowe, Rusk, Wilcox, Pertzborn, Cornwell, Olsen, Brown, Erickson, Hendrick, Schoer, O'Loughlin, Wiganowsky, Eggert, and Fyrst. Referred to PERSONNEL/FINANCE, PUBLIC PROTECTION/JUDICIARY, PUBLIC WORKS/FACILITIES MANAGEMENT, and AIRPORT. Res. 40, Authorizing Transfer of Funds to Purchase Pad Foot Roller - Landfill Site #2. Submitted by Supervisors Ripp, D. Blaska, Matano, and Schoer. Referred to PERSONNEL/FINANCE and PUBLIC WORKS/FACILITIES MANAGEMENT. Res. 41, Authorizing Acceptance of the HUD Economic Development Initiative (EDI) Grant for the East Badger Road Redevelopment Project. Submitted by Supervisors Eggert, Richmond, and O'Loughlin. Referred to PERSONNEL/FINANCE, PUBLIC WORKS/FACILITIES MANAGEMENT, and CDBG COMMISSION. Res. 42, Authorizing Rental Lease Between the Alliant Energy Center of Dane County and Budget Bicycle. Submitted by Supervisors Ripp, D. Blaska, Matano, and Schoer. Referred to PERSONNEL/FINANCE and PUBLIC WORKS/FACILITIES MANAGEMENT. Res. 43, Authorizing the Purchase of Land in the Door Creek Wetlands. Submitted by Supervisors Kesterson, Mohrbacher, Lowe, Ripp, and Olsen. Referred to PERSONNEL/FINANCE, PUBLIC WORKS/FACILITIES MANAGEMENT, and PARKS. Res. 44, Authorization to Purchase Approximately 36 Acres of Land in the Ice Age Trail Corridor. Submitted by Supervisors Wendt, Mohrbacher, Lowe, and Ripp. Referred to PERSONNEL/FINANCE, PUBLIC WORKS/FACILITIES MANAGEMENT, and PARKS. Res. 45, Authorizing an Option to Purchase Approximately 111 Acres of Land in the Ice Age Trail Corridor. Submitted by Supervisors Wendt, Mohrbacher, Lowe, and Ripp. Referred to PERSONNEL/FINANCE, PUBLIC WORKS/FACILITIES MANAGEMENT, and PARKS. Res. 46, Authorizing Acceptance and Execution of the HUD Section 108 Loan for Assistance to the East Badger Road Redevelopment Project. Submitted by Supervisors Eggert, Richmond, and O'Loughlin. Referred to PERSONNEL/FINANCE, PUBLIC WORKS/FACILITIES MANAGEMENT, and CDBG COMMISSION. Res. 47, Accepting Community Support Program and Other Revenue DCDHS-ACS Division. Submitted by Supervisors Wilcox, Eggert, Fyrst, Martz, Wiganowsky, and Vedder. Referred to PERSONNEL/FINANCE and HEALTH/HUMAN NEEDS. Res. 48, Accepting and Expending Statewide Automated Child Welfare Information Systems (WiSACWIS) Project Revenues Department of Human Services. Submitted by Supervisors Wilcox, Fyrst, Eggert, Wiganowsky, and Martz. Referred to PERSONNEL/FINANCE and HEALTH/HUMAN NEEDS. Res. 49, Amending the Dane County Farmland Preservation Plan by Adopting Amendments to the Town of Dane Land Use Plan. Submitted by Supervisors Ripp, O'Loughlin, Pertzborn, Anderson, and Bruskewitz. Referred to ZONING/NATURAL RESOURCES. Res. 50, Authorization to Accept Grant for Land Information Systems. Submitted by Supervisors Wilcox, Olsen, Eggert, Matano, Hanneman, Salov, and Erickson. Referred to PERSONNEL/FINANCE, ZONING/NATURAL RESOURCES, and INFORMATION RESOURCES MANAGEMENT. Res. 51, Amending the Dane County Farmland Preservation Plan by Adopting Amendments to the Town of Roxbury Land Use Plan. Submitted by Supervisors Wendt and Anderson. Referred to ZONING/NATURAL RESOURCES. Res. 52, Amending the Dane County Farmland Preservation Plan by Adopting Amendments to the Town of Mazomanie Land Use Plan. Submitted by Supervisors Wendt and Anderson. Referred to ZONING/NATURAL RESOURCES. Res. 53, Urging Legislative Action Regarding Indemnification for Disposal of Deer Possibly Infected With Chronic Wasting Disease. Submitted by Supervisors Hulsey, Ripp, and Martz. Referred on 6/12/02 to EXECUTIVE and TASK FORCE ON CHRONIC WASTING DISEASE. Jackson County Res , State Funding for Mental Health Inpatient Hospitalization at State Institutions. Referred to EXECUTIVE. Ozaukee County Res State Funding for Long Term Mental Health Inpatient Hospitalizations at State Institutions. Referred to EXECUTIVE. Oconto County Res Support Legislation That Would Allow additional Court Costs to be Used to Establish County Security Funds Statewide. Referred to EXECUTIVE. Claim from Marcus Moore against Jail claims loss of personal property. Referred to PUBLIC PROTECTION/JUDICIARY. Notice of Claim from National Equipment Services, Inc., - claims nonpayment of services provided in construction of Aviary at Henry Vilas Zoo. Referred to PUBLIC PROTECTION/JUDICIARY. Claim from Holly M. Meyer for damages to her vehicle caused by County vehicle. Referred to PUBLIC PROTECTION/JUDICIARY. 52

14 Summons and Complaint, Case #02CV1490, Grinnel Mutual Reins. Co and Anne Beard vs. State Farm Mutual Automobile Ins. Co. and Dane County. Referred to PUBLIC PROTECTION/JUDICIARY. Claim from Anthony Meriwether against Jail claims loss of personal property. Referred to PUBLIC PROTECTION/JUDICIARY. Claim from Leo E. Cowan against Jail claims loss of personal property. Referred to PUBLIC PROTECTION/JUDICIARY