COUNTY BOARD PROCEEDINGS J U N E 2, , 7 : 3 0 P. M. S E S S I O N

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1 COUNTY BOARD PROCEEDINGS J U N E 2, , 7 : 3 0 P. M. S E S S I O N The Dane County Board of Supervisors met pursuant to statute. Vice-Chair McDonell called the meeting to order. County Clerk Ohlsen called the roll: PRESENT: Blaska, de Felice, DeSmidt, Erickson, Fyrst, Gau, Graf, Gross, Hendrick, Hitzemann, Hulsey, Kostelic, Martz, Matano, McDonell, O Loughlin, Olsen, Opitz, Pertzborn, Richmond, Ripp, Rusk, Salov, Schoer, Vogel, Wheeler, Wiganowsky, Willett, and Worzala. Supervisors Brown, Bruskewitz, Eggert, Hanson, and Vedder arrived after roll call. ABSENT: Wendt EXCUSED: Jensen and Kesterson Supervisor Salov offered an inspirational message and led the Pledge of Allegiance. SPECIAL MATTERS AND ANNOUNCEMENTS State of the Waters Address The Dane County Lakes & Watershed Coordinator, Sue Jones, presented her annual State of the Waters address to the Board and invited the Supervisors to a reception, to be held on June 17, honoring the 2005 Dane County Waters Champion Award winners. APPROVAL OF BILLS AND ACCOUNTS Claims Recommended for Approval Ewald Automotive-2005 Ford Crown Victoria-Sheriff...$20, Ewald Automotive-2005 Ford Crown Victoria-Sheriff...$20, Ewald Automotive-2005 Ford Crown Victoria-Sheriff...$20, Ewald Automotive-2005 Ford Crown Victoria-Sheriff...$20, ID Networks-FingerRoll Livescan System Downpayment-Sheriff...$15, ID Networks-Pymt #2 for FingerRoll Livescan System-Sheriff...$22, Jefferson County Sheriff-April 2005 Inmate Housing-Sheriff/Jail...$14, Juneau County Sheriff-April 2005 Inmate Housing-Sheriff/Jail...$10, Lakeside Oil Co.-Low Sulfur Diesel Fuel-Highway...$13, Madison City Treasurer-1 st Qtr Clean Sweep Program Pymt-Public Works...$23, Regions Interstate Billing-April 2005 Squad Service-Sheriff...$10, Sauk County Sheriff-April 2005 Inmate Housing & Medical-Sheriff/Jail...$64, Wis. Technical College-928F Cat Loader-Public Works/Rodefeld...$20, Subtotal...$277, Boldtronics Inc.-Wireless Video System-Emergency Management...$13, Dane County Highway-April 2005 Gasoline Purchases-Sheriff...$29, Dane County Human Services-Jan-March 2005 Group Access-Highway...$37, Edgewater Powerboats-Boat & Equipment-Sheriff...$64, Holz Motors-2005 Chevy Tahoe-Airport...$29, Lenovo-Neolinux-Information Management...$26, Madison City Treasurer-Level B Hazmat Material Contract-Emergency Mgmt....$31, Positioning Solutions Co.-Sys 5 Base Kit 1 Tracker-Highway...$16, SGTS Inc.-Courthouse Video Equipment-Justice Center...$24, Universal Truck Equipment-Snow Plows & Equipment-Highway...$23, Universal Truck Equipment-Front Mount Wings-Highway...$18, Watts Landscape Service-Spring Clean up, Mowing, Etc.-Airport...$11, Wis. Dept of Administration-Surf Control Licensing-Information Management...$19, Total...$623, Moved by Supervisor Brown, seconded by Supervisor Fyrst, to adopt the above amended bills and accounts. Motion carried. 56

2 CONSENT CALENDAR Supervisor McDonell noted that Item E5, Res. 7, requires a 2/3 vote for adoption. The rest of the items on the consent calendar were approved unanimously on a voice vote. (The text and committee recommendations for each of the items follow.) RES. 351, AWARDING A COLLECTIVE BARGAINING AGREEMENT TO THE WISCONSIN PROFESSIONAL POLICE ASSOCIATION SUPERVISORY LAW ENFORCEMENT UNIT A tentative agreement has been reached with and ratified by the Wisconsin Professional Police Association Supervisory Law Enforcement Unit for the 2004, 2005, and 2006 contract years. The agreement will be effective December 14, 2003, through December 23, The Wisconsin Professional Police Association Supervisory Law Enforcement Unit represents approximately 17 employees. The principle items agreed to were across-the-board wage increases for regular employees beginning in the second year of the agreement. These and other economic items agreed to are within the County s budgetary constraints. The wage increases are: December 26, % June 26, % December 25, % June 25, % NOW, THEREFORE, BE IT RESOLVED that the terms and conditions of the previous collective bargaining agreement between Dane County and the Wisconsin Professional Police Association Supervisory Law Enforcement Unit be continued for the period of December 14, 2003, through December 23, 2006, with the attached negotiated changes (on file in the Dane County Clerk s Office). BE IT FURTHER RESOLVED that the wage and benefit improvements be extended for those employees in confidential positions. BE IT FINALLY RESOLVED that County officials take appropriate action to implement this resolution. Personnel & Finance Committee recommends adoption of Res Motion carried unanimously. RES. 360, AMENDING THE DANE COUNTY FARMLAND PRESERVATION PLAN BY ADOPTING AMENDMENTS TO THE TOWN OF PERRY LAND USE PLAN In October 2004, the Town Board of the Town of Perry adopted an amendment to the Town of Perry Land Use Plan. That amendment clarifies density policies for land sales of more than 35 acres and establishes criteria for driveways crossing productive agricultural soils. Dane County has adopted a farmland preservation plan under the authority of Chapter 91 of the Wisconsin Statutes. The Dane County Farmland Preservation Plan includes town land use plans as central components. Therefore, amendments to town land use plans must be adopted by the County Board of Supervisors to also be considered amendments to the Farmland Preservation Plan. NOW, THEREFORE, BE IT RESOLVED that the Dane County Board of Supervisors adopts the town approved amendment to the Town of Perry Land Use Plan and an amendment to the Dane County Farmland Preservation Plan. Environment, Agriculture & Natural Resources and Zoning & Land Regulation Committees recommend adoption of Res Motion carried unanimously. RES. 4, AGREEMENT FOR CONSTRUCTION OF A BICYCLE/PEDESTRIAN OVERPASS ALONG THE CAPITAL CITY TRAIL In September of 2004, the City of Fitchburg received a Federal Transportation Enhancement grant from the Wisconsin Department of Transportation for $860,000 for 80% of design and construction costs to build a bicycle/pedestrian overpass at Fish Hatchery Road along the Capital City Trail. The City, DNR, and County will cost share the remaining 20%, with the County and DNR each paying $50,000 and the City $102,000. If project costs exceed estimated costs, all parties agree to negotiate in good faith to reach a resolution. 57

3 Design and engineering for the project will commence during the summer of 2005, with construction scheduled for Costs will not be incurred by the County until the 2006 budget cycle and will be paid out of Park Improvement Account that historically has had an annual appropriation of $175,000. NOW, THEREFORE, BE IT RESOLVED that Dane County enter into an Agreement with the DNR and City of Fitchburg that will govern cost share responsibilities for the design and construction of bicycle/pedestrian overpass at Fish Hatchery Road along the Capital City Trail. BE IT FURTHER RESOLVED that the County Executive and County Clerk are hereby authorized to execute the agreement. Public Works & Transportation, Environment, Agriculture & Natural Resources, and Personnel & Finance Committees and Park Commission recommend adoption of Res. 4. Motion carried unanimously. RES. 5, AUTHORIZING REQUESTS FOR STATE AND FEDERAL GRANT FUNDING FOR THE LAND AND WATER RESOURCES DEPARTMENT LAND ACQUISITION & PARK DEVELOPMENT PROJECTS Several state grant programs administered by the Department of Natural Resources fund acquisition and development costs for projects identified in the Dane County Parks and Open Space Plan. Dane County Parks intends to apply for these funds in order to off set expenditures made through the Conservation Fund and the Parks operating budget. These programs include: the Knowles-Nelson Stewardship Program, the Lake Protection Program, the River Protection Program, and the federal Land and Water Conservation Fund and Recreational Trails Program. Any grant funds awarded through these programs will be taken to the County Board for approval. NOW, THEREFORE, BE IT RESOLVED that the County Board of Supervisors and County Executive hereby authorize the Dane County Parks Director, Conservation Fund Manager, and Parks Planner to act on their behalf to submit applications to the Wisconsin Department of Natural Resources for financial assistance under the Stewardship, Lake Protection, River Protection, Land and Water Conservation Fund, Recreational Trails, and other programs that become available for the following projects: 1. McCarthy County Park Acquisition 2. Dorn Creek Natural Resource Site Acquisition 3. Patrick Marsh Natural Resource Site Acquisition 4. Brigham County Park to Military Ridge State Trail Acquisitions 5. Black Earth Creek Natural Resource Site Acquisition 6. Fish Lake Natural Resource Site Acquisition 7. Walking Iron County Park Acquisition 8. Babcock County Park Boat Launch Development 9. Cam-Rock County Park Bicycle/Pedestrian Trail & Bridge Development BE IT FURTHER RESOLVED that the County Board of Supervisors and County Executive hereby authorize the Dane County Parks Director, Conservation Fund Manager and Parks Planner to sign documents, provide correct information, and to take action necessary to undertake, direct, and complete approved Stewardship, Lake Protection, River Protection, Land and Water Conservation Fund and Recreational Trails Projects. BE IT FINALLY RESOLVED that the County Board of Supervisors and County Executive recognize and acknowledge the long-term ownership and management responsibilities of the Stewardship, Lake Protection, River Protection, Land and Water Conservation Fund and Recreational Trails Programs, and will comply with all Stewardship, Lake Protection, River Protection, Land and Water Conservation Fund and Recreational Trails laws and regulations and will meet their obligations under any grant agreements for the projects, including the financial obligations under any grants. Environment, Agriculture & Natural Resources and Personnel & Finance Committees and Park Commission recommend adoption of Res. 5. Motion carried unanimously. RES. 7, ESTABLISHMENT OF COUNTY SURVEYOR MEMORIAL AND SURVEY CONTROL MONUMENT Dane County maintains a precise geodetic survey control network to support the geographic referencing of surveys, maps, and other information to known locations on the earth. In the 1980 s, Dane County worked with the National Geodetic Survey, the Wisconsin Department of Transportation, and the University of Wisconsin-Madison Civil and Environmental Engineering Department to design and establish the survey network. Station Ripp was planned as part of the Dane County Survey 58

4 Network but was not measured or adjusted with the other stations in the network. As a result, Station Ripp is currently not part of local or national survey databases. Ron Ripp, Dane County Surveyor for over 20 years, died in office in In commemoration of his service to the County and the local survey community, the County seeks to re-establish Station Ripp as a geodetic survey control point and as a navigational waypoint for recreational trail users. A location near the parking lot in Indian Lake Park has been selected because of its accessibility and usability as a survey station, as well as to minimize any impact on park resources. This project is a collaborative effort with the Wisconsin Department of Transportation and the Madison Area Surveyors Council who are providing staff time. County costs of approximately $3000 are anticipated. These costs will be funded using Land Information Office/Wisconsin Land Information Program retained earnings and does not involve County tax levy funding. NOW, THEREFORE, BE IT RESOLVED that Dane County wishes to recognize the service and dedication of County Surveyor Ron Ripp to Dane County and the Dane County surveying community; and BE IT FURTHER RESOLVED that $3000 be transferred from the Land Information Office General Fund to the Mapping Services account. BE IT STILL FINALLY RESOLVED that on behalf of the citizens and surveyors of Dane County, the Dane County Board of Supervisors and the Dane County Executive authorize the establishment of a geodetic control station and commemorative plaque at Indian Lake Park. Zoning & Land Regulation and Personnel & Finance Committees recommend adoption of Res. 7. Motion carried (2/3 required). RES. 12, CONTRACT FOR SECURITY SERVICES AT THE ALLIANT ENERGY CENTER OF DANE COUNTY The agreement with the current security services provider at the Center expires in June Bids were advertised and solicited by the Purchasing Division of the Department of Administration and six bidders responded. The low bid was submitted by Per Mar Security Services. The bid was reviewed by Center staff and found to be the most advantageous. NOW, THEREFORE, BE IT RESOLVED that Per Mar Security Services, 5005 University Avenue, Madison, WI, be awarded a one-year agreement beginning January 13, 2005, with four one-year County options for security services at the Alliant Energy Center of Dane County. BE IT FINALLY RESOLVED that the County Executive and County Clerk are authorized to sign this agreement. Public Works & Transportation and Personnel & Finance Committees recommend adoption of Res. 12. Motion carried unanimously. RES. 32, APPROVING AGREEMENT FOR COMMUNITY DEVELOPMENT BLOCK GRANT LOAN FOR WISCONSIN WOMEN S BUSINESS INITIATIVE CORPORATION Dane County administers a Revolving Loan Fund for Economic Development (RLF-ED), originally capitalized with a Community Development Block Grant (CDBG-ED grant) of $120,000 from the State of Wisconsin in 1991 (Department of Development, now Department of Commerce). The grant was accepted by Dane County by Resolution 78, : Accepting Wisconsin Development Fund Grant Monies and Awarding Contracts (Leisure Concepts), passed on August 15, In 2004, the RLF-ED was increased by an additional $422,337 with funds transferred to Dane County from RLFs in other Dane County municipalities. The purpose of the RLF-ED is to provide financing to businesses that create jobs for low- and moderate-income persons. The objectives of the RLF are to: expand or modernize existing or locally owned and managed enterprises; encourage the creation or retention of employment opportunities for low and moderate-income County residents; leverage new private investment in downtown business districts and traditional business districts; assist businesses with high-value added products or services, especially in the agricultural sector; and assist dairy farmers with capital improvements resulting in an increase in milk production. In March, the Wisconsin Women s Business Initiative Corporation (WWBIC) applied for a RLF-ED loan of $100,000 to help capitalize their micro-enterprise loan fund. The micro-enterprise fund provides loans of up to $25,000 to graduates of WWBIC s entrepreneur training programs, which are funded in part with Dane County CDBG. A growing demand for micro-loan assistance prompted WWBIC s loan application. 59

5 The Dane County RLF Loan Committee met on April 4 to consider WWBIC s request. Based on the qualifications of WWBIC and the match between the proposed loan and RLF-ED objectives, the Loan Committee recommended approval of a loan of $100,000 with a five-year term, at an interest rate of 3.5 percent and a loan fee of 0.25% points, with interest-only payments during the term and a balloon payment at the end of the term. The balloon payment could be rolled over to a new term upon approval of the Loan Committee and CDBG Commission. The CDBG Commission met on May 4 and voted to approve the Loan Committee s recommendation. NOW, THEREFORE, BE IT RESOLVED that a RLF-ED loan of $100,000 with a five-year term, at an interest rate of 3.5 percent and a loan fee of 0.25% points, with interest-only payments during the term and a balloon payment at the end of the term, is approved by the Dane County Board of Supervisors; BE IT FURTHER RESOLVED that the Dane County Controller is authorized to issue checks necessary to effectuate the transaction; and BE IT FINALLY RESOLVED that the Dane County Clerk and Dane County Executive are hereby authorized to sign the appropriate contract in behalf of Dane County. Personnel & Finance Committee recommends adoption of Res. 32. Motion carried unanimously. ORD. AMDT. 28, AMENDING CHAPTER 10 OF THE DANE COUNTY CODE OF ORDINANCES, REGARDING APPEAL OF CONDITIONAL USE PERMITS TO THE COUNTY BOARD The County Board of Supervisors of the County of Dane does ordain as follows: ARTICLE 1. Unless otherwise expressly stated herein, all references to section and chapter numbers are to those of the Dane County Code of Ordinances. ARTICLE 2. Section (2)(j) of the Dane County Code of Ordinances is amended to read as follows: (j) Appeal from action by zoning committee. Any person aggrieved by the grant or denial of a conditional use permit, or the county board supervisor of the district in which the affected parcel is located, may appeal the decision of the zoning committee to the county board. Such appeal must specify the grounds thereof in respect to the finding of the zoning committee, the reason why the appellant is aggrieved and must be filed with the office of the zoning administrator within 20 days of the final action of the zoning committee. The zoning administrator shall transmit such appeal to the county clerk who shall file such appeal with the county board. The county board shall fix a reasonable time for the hearing of the appeal and give public notice thereof as well as due notice to the applicant and the appellant(s) and decide the same within a reasonable time. The county board may affirm, reverse or modify the action of the zoning committee. No other entity of county government has jurisdiction to hear any such appeal and the avenue of appeal provided for herein is intended to be the sole avenue of appeal from a decision of the committee. Zoning & Land Regulation Committee recommends Indefinite Postponement by the County Board. Motion carried unanimously. MOTIONS FROM PREVIOUS MEETINGS Motions to Withdraw From Committees The question before the Board was Supervisor Bruskewitz s motion to withdraw from all committees Res. 318, 04-05, Creating the North Mendota Parkway Implementation Oversight Committee for Transportation, Environment, and Agriculture Recommendations. Moved by Supervisor Opitz, seconded by Supervisor Olson, to postpone the withdrawal until the next meeting. Motion carried. The question before the Board was the motion to withdraw from all committees Ord. Amdt. 19, 04-05, Amending Chapters 12, 16, 62 and 75 of the Dane County Code of Ordinances, Establishing or Increasing Fees. No action was taken at this time. (Action taken later in this meeting.) REPORTS ON ZONING PETITIONS Supervisor de Felice requested separation of Petition The remainder of the Zoning Petitions were adopted unanimously. Committee recommendations for each item are below. 60

6 PETITION ZONING CHANGE IN THE TOWN OF VERONA - ZONING ORD. AMDT Petition 9200 by Gregory Thompson and Richard Thompson to change the zoning from the A-2(8) Agricultural district to the RH-1 and RH-2 Rural Homes districts on property located at 6810 Cross Country Road in part of the S1/2 SW1/4 Section 11, Town of Verona. The Zoning & Land Regulations Committee recommends that Petition 9200 be granted as modified and includes the condition that a certified survey map and the Deed Restrictions below be recorded within 90 days, and Zoning Ord. Amdt be adopted. Motion carried. Deed Restrictions: 1. Deed restrict the entire property prohibiting re-division of any of the three (3) CSM lots created as part of rezone #9200 unless public sewer and water services become available to that property; 2. Deed restrict the property limiting the total number of access points onto Cross Country Road to no more than two over the combined area of the three (3) CSM lots. (Note: shared driveway access may be necessary as a result of this restriction.) PETITION ZONING CHANGE IN THE TOWN OF COTTAGE GROVE - ZONING ORD. AMDT Petition 9231 by John Copenhaver to change the zoning from the R-1 Residential district to the R-3 Residential district on property located at 4261 Vilas Road in part of the SE1/4 SW1/4 Section 8, Town of Cottage Grove. The Zoning & Land Regulations Committee recommends that Petition 9231 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 9235 by Cynthia and Bernard Peterson, Jr., to change the zoning from the A-1 EX Exclusive Agricultural district to the RH-3 Rural Homes district on property located at 1005 Flint Road in part of the NE1/4 NW1/4 Section 16, Town of Rutland. The Zoning & Land Regulations Committee recommends that Petition 9235 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 OREGON - ZONING ORD. AMDT Petition 9236 by Arnold Alme Living Trust to change the zoning from the A-1 EX Exclusive Agricultural district to the RH-1 Rural Homes district on property located south and west of 202 Tipperary Road in part of the SW1/4 NW1/4 Section 32, Town of Oregon. The Zoning & Land Regulations Committee recommends that Petition 9236 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 MAZAMANIE - ZONING ORD. AMDT Petition 9237 by Lynda Litzkow to change the zoning from the A-1 EX Exclusive Agricultural district to the RH-3 Rural Homes district on property located east of 6914 STH 78 in part of the SE1/4 SW1/4, Section 24, and NE1/4 NW1/4, Section 25 - Town of Mazomanie. Moved by Supervisor de Felice, seconded by Supervisor Hendrick, to re-refer Petition 9237 to the Zoning & Land Regulation Committee. Motion carried. PETITION ZONING CHANGE IN THE TOWN OF SPRINGFIELD - ZONING ORD. AMDT Petition 9238 by Lloyd and Mary Meinholz to change the zoning from the A-1 EX Exclusive Agricultural district to the RH-2 Rural Homes district on property located at 6799 Woodland Drive in part of the NW1/4 NW1/4 Section 14, Town of Springfield. The Zoning & Land Regulations Committee recommends that Petition 9238 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 VIENNA - ZONING ORD. AMDT Petition 9239 by David Kaltenberg, et al, to change the zoning from the R-1A Residential and RH-3 Rural Homes districts to the RH-3 Rural Homes district on property located at 6547 Hickory Lane in part of the SE1/4 NE1/4 Section 35, Town of Vienna. 61

7 The Zoning & Land Regulations Committee recommends that Petition 9239 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 COTTAGE GROVE - ZONING ORD. AMDT Petition 9240 by Donald and Marilyn Viney to change the zoning from the R-1A Residential and A-1 EX Exclusive Agricultural districts to the A-1 EX Exclusive Agricultural and R-1A Residential districts on property located north of 3200 Kinney Road in part of the SE1/4 SE1/4, Section 34, and SW1/4 SW1/4, Section 35 Town of Cottage Grove. The Zoning & Land Regulations Committee recommends that Petition 9240 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 9242 by Noreen Parrett to change the zoning from the RH-3 Rural Homes and A-1 EX Exclusive Agricultural districts to the RH-4 Rural Homes district on property located at 319 Lake Kegonsa Road in part of the E1/2 SE1/4 Section 27, Town of Rutland. The Zoning & Land Regulations Committee recommends that Petition 9242 be granted and Zoning Ord. Amdt be adopted. Motion carried. PETITION ZONING CHANGE IN THE TOWN OF COTTAGE GROVE - ZONING ORD. AMDT Petition 9246, CUP #1965, by Louisa Murphy to change the zoning from the RH-2 Rural Homes district to the A-2(4) Agricultural district on property located at 3668 Ridge Road in part of the NW1/4 NW1/4 Section 24, Town of Cottage Grove. The Zoning & Land Regulations Committee recommends that Petition 9246 be granted and Zoning Ord. Amdt be adopted. Motion carried. PETITION ZONING CHANGE IN THE TOWN OF COTTAGE GROVE - ZONING ORD. AMDT Petition 9250 by Wilmer and Barbara Larson to change the zoning from the A-1 EX Exclusive Agricultural district to the R-1A Residential district on property located at 2240 Uphoff Road in part of the SE1/4 SW1/4 Section 15, Town of Cottage Grove. The Zoning & Land Regulations Committee recommends that Petition 9250 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 BLACK EARTH - ZONING ORD. AMDT Petition 9251 by Charles and Arlene Turk to change the zoning from the A-1 EX Exclusive Agricultural district to the RH-1 Rural Homes district on property located west of 9510 Kahl Road in part of the NE1/4 SE1/4 Section 25, Town of Black Earth. The Zoning & Land Regulations Committee recommends that Petition 9251 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. The applicant must obtain a stormwater and erosion control permit (or fill and grade permit, if applicable), as authorized under Section 11.05, 14.45(7) and 14.46(5) of the Dane County Code within one (1) year of approval by Dane County. Deed Restriction: 1. Deed restrict the balance of the A-1 EX zoned land owned by the applicant prohibiting further residential development (tax parcel numbers: ; ). 62

8 ORDINANCES ORD. AMDT. 15, AMENDING CHAPTER 11 OF THE DANE COUNTY CODE OF ORDINANCES, REQUIRING A SEVENTY-FIVE FOOT SETBACK FROM WETLANDS Environment, Agriculture & Natural Resources, Zoning & Land Regulation, Public Protection & Judiciary, and Land Conservation Committees and Lakes & Watershed Commission recommend adoption of Sub. 1 to Ord. Amdt. 15, SUB. 1 TO ORD. AMDT. 15, AMENDING CHAPTER 11 OF THE DANE COUNTY CODE OF ORDINANCES, REQUIRING A SEVENTY-FIVE FOOT SETBACK FROM WETLANDS The County Board of Supervisors of the County of Dane does ordain as follows: ARTICLE 1. Unless otherwise expressly stated herein, all references to section and chapter numbers are to those of the Dane County Code of Ordinances. ARTICLE 2. Section (2m) is created to read as follows: (2m) Building has the meaning set forth in s (7). ARTICLE 3. Section is amended to read as follows: SHORELAND-WETLAND AND INLAND-WETLAND DISTRICTS. (1) Purpose. This ordinance is adopted to maintain safe and healthful conditions, to prevent water pollution, to protect fish spawning grounds and wildlife habitat, to preserve shore cover and natural beauty, to conserve inland-wetland areas occurring throughout the unincorporated areas of Dane County, and to control building and development in wetlands whenever possible. When development is permitted in a wetland, the development should occur in a manner consistent with state and federal law that minimizes adverse impacts upon the wetland. (2) Designation. (a) The shoreland-wetland district shall include all shorelands, which are designated as wetlands of two acres or more in area on the most current Wisconsin Wetland Inventory Maps applicable to Dane County. (b) The inland-wetland district shall include all non-shoreland wetlands, as shown on the Wisconsin Wetland Inventory Maps, which are two acres or more in area and located in the unincorporated territory of Dane County. (c) The Wisconsin Wetland Inventory Maps are incorporated herein by reference and are on file in the office of the Dane County Zoning Administrator. Wetlands that extend across the corporate limits of an adjacent municipality or across the shoreland boundary shall be included in the appropriate wetland district if the total contiguous wetland area is two acres or more in area. (3) Discrepancies. When an apparent discrepancy exists between the shoreland or inland-wetland district shown on the official wetlands inventory maps and actual field conditions at the time the maps were adopted, the zoning administrator shall contact the appropriate field office of the Department of Natural Resources to determine if the shoreland-wetland district as mapped is in error. If the department staff concur with the zoning administrator that a particular area was incorrectly mapped either as a wetland or a non-wetland, the zoning administrator shall have the authority to immediately grant or deny a land use permit in accordance with the regulations applicable to the correct zoning district. (4) In order to correct wetland mapping errors shown on the official zoning map, the zoning administrator shall initiate a shorelandwetland or inland-wetland map amendment within a reasonable period of time. (5) Setback from wetlands. (a) The minimum setback for all buildings and structures built after [insert publication date of ordinance amendment], except buildings and structures specifically listed in section and section 11.08, Dane County Code of Ordinances, is seventy-five (75) feet, measured horizontally, from a shoreland-wetland district or inland-wetland district. (b) Nothing contained herein shall prevent the alteration, restoration, repair, or replacement, structural or otherwise, of any existing legal nonconforming building; however, alterations, restorations or repairs must be completed within the existing building footprint, and are further subject to the following: 1. An existing legal nonconforming building shall be considered abandoned and nonexistent if a zoning permit for its replacement is not obtained within sixty (60) days of the date of its removal or destruction; 2. An existing legal nonconforming building shall be considered abandoned and nonexistent if construction has not commenced within one (1) year of its removal or destruction; 3. The property owner shall bear the burden of proof as to the size and location of the existing legal nonconforming building immediately preceding its removal or destruction; and 4. The property owner shall bear the burden of proof as to when an existing legal nonconforming building was removed or destroyed. (c) Additions to existing legal nonconforming buildings are permitted subject to the following limitations: 1. The footprint of the building as constructed may not exceed 150% of the footprint of the original building; 2. No part of the expansion may be closer to the wetland than the existing building; and 3. The property owner shall bear the burden of proof as to the size and location of the existing legal nonconforming building. Mark Hazelbaker, Madison, representing Dane County Towns Association, spoke in support of Sub. 1 to Ord. Amdt

9 The question before the Board was adoption of Sub. 1 to Ord. Amdt. 15. Motion carried. ORD. AMDT. 19, AMENDING CHAPTERS 12, 16, 62 and 75 OF THE DANE COUNTY CODE OF ORDINANCES, ESTABLISHING OR INCREASING FEES The County Board of Supervisors of the County of Dane does ordain as follows: ARTICLE 1. Unless otherwise expressly stated herein, all references to section and chapter numbers are to those of the Dane County Code of Ordinances. ARTICLE 2. Section 12.03(1) and (2) are amended to read as follows: ZONING PERMIT FEES FOR NEW CONSTRUCTION, ADDITIONS AND ALTERATIONS. (1) For construction of new single family, duplex and mobile home residences, the fee shall be $50 plus $0.075 for each square foot of floor area including basements and attached garages. (2) For additions to or alterations of existing single family, duplex and mobile home residences, and for buildings accessory to single family, duplex and mobile home residences, the fee shall be $ plus $0.075 for each square foot of added floor area including basements and attached garages. ARTICLE 3. Section is renumbered as section and, as renumbered, amended to read as follows: CORONER; FEES FOR CERTAIN SERVICES. Pursuant to section 59.36, Wis. Stats., the Dane County Coroner is authorized to charge the following fees: (1) a fee of $150 for services rendered in connection with cremation certificates. (2) a bone and tissue storage fee of $750. (3) an autopsy fee of $400. ARTICLE 4. Section is amended to read as follows: FEES; DISTRICT ATTORNEY S DEFERRED PROSECUTION PROGRAM. (1) For each consecutive 30-day period during which a person participates in the deferred prosecution program the participant shall pay a fee as follows: (a) Participants having an annual gross income of $50,000 or more shall pay a fee of $ 26.25; (b) Participants having an annual gross income of less than $50,000 shall pay a fee of $ 21.00; (c) Notwithstanding the foregoing, a participant who is in the deferred prosecution program due to a retail theft charge shall pay a fee of $ (2) The fees established in this section may be waived by the director of the deferred prosecution program upon the director s determination of financial need. ARTICLE 5. Section is amended to read as follows: FEES. (1) A subdivider submitting a preliminary plat for review under s (1)(a), Wis. Stats., shall pay to the Dane County Treasurer a fee of $325, to assist in defraying review costs. (2) A subdivider submitting a final plat for approval under s (2), Wis. Stats., shall pay to the Dane County Treasurer a fee of $65 per lot for each lot in the final plat. (3) A subdivider submitting a certified survey map for approval under s (1) shall pay to the Dane County Treasurer a fee of $65 per lot for each lot in the certified survey map. (4) In addition to the fees set forth in subs. (2) and (3), there is imposed a digital mapping maintenance fee of $12 per lot. (5) Any person seeking a determination by the county Land Division Review Officer as to the applicability of Chapter 75 to a particular parcel or parcels shall pay a fee of $ Moved by Supervisor Fyrst, seconded by Supervisor Brown, to adopt Ord. Amdt. 19 with the amendments recommended by the Public Protection & Judiciary Committee: Strike Article 5 in its entirety and amend Article 3 to read as follows: CORONER; FEES FOR CERTAIN SERVICES. Pursuant to section 59.36, Wis. Stats., the Dane County Coroner is authorized to charge the following fees: (1) A fee of $150 for services rendered in connection with cremation permits. (2) A morgue use fee of $750 for allograft bone and tissue recovery agencies. (3) A morgue use fee of $400 for forensic medical examinations. (4) A morgue storage fee of $50 per day. (5) The fees listed in subs. (1), (2) and (3) shall not be charged to individual persons residing in Dane County. Motion carried unanimously. 64

10 ORD. AMDT. 31, AMENDING CHAPTER 10 OF THE DANE COUNTY CODE OF ORDINANCES, MODIFYING THE ADULT ENTERTAINMENT OVERLAY DISTRICT Zoning & Land Regulation Committee recommends indefinite postponement. Motion carried unanimously. ITEMS REQUIRING A TWO-THIRDS MAJORITY FOR PASSAGE RES. 242, INCREASING TRAINING FOR ZONING STAFF AND OUTREACH ACTIVITIES FOR COMPREHENSIVE PLANNING The 2005 Dane County budget includes increased revenue for the Department of Planning and Development from fee increases. These proposed fee increases are contained in Ordinance Amendment 19, , Amending Chapters 12, 16, 62 and 75 of the Dane County Code of Ordinances, Establishing or Increasing Fees. The fee increases included in the budget relate to Section 12.03(1). However, O. A. 19 also includes fee increases under Section 12.03(2). This fee, if approved by the County Board, would increase from $30 to $50, plus 7.5 (seven and a half) cents for each square foot of added floor area including basements and attached garages. The increased fee is anticipated to raise $16,000 in additional revenue and was not included in the 2005 budget. The Department of Planning and Development has many responsibilities, including enforcement of the zoning code, property listing, and development of the comprehensive plan. Currently, the fees being charged for zoning activities are below the cost of service. These new fees correct inadequate cost recovery and free up funds for other department activities. The department could better serve the public if zoning staff had access to additional training and if the comprehensive planning process involved increased outreach activities. Funds for conferences and training have dwindled as the county has faced budget challenges in recent years. At the same time, the department has a number of new zoning staff who need training in activities such as customer service, wetland delineation, navigability determination, general code administration, and storm water and erosion control. Training will allow staff to better serve the people of Dane County. The County Board approved a public participation plan for the comprehensive planning process two years ago. Due to budget constraints, there is little funding available to implement parts of the public participation plan. With additional funding, the county could consider holding focus groups to reach members of the community not yet involved in the planning process, recording meetings, printing draft plans, and other approaches to outreach. In addition, Comprehensive Planning meetings and presentations can be broadcast on local government cable channels throughout the county to better inform the general public. These funds will also be used to tape meetings and presentations, edit them to provide web site and topical information, and distribute tapes to cable county cable outlets. NOW, THEREFORE, BE IT RESOLVED that, if the County Board approves a fee increase in Section 12.03(2) for additions to or alterations of existing single family, duplex, and mobile home residences from $30 to $50, plus 7.5 (seven and a half) cents for each square foot of added floor area including basements and attached garages, thereby generating $16,000 in additional revenue, then the Sale of Building Permits revenue line item for the Department of Planning and Development s Zoning and Plat Review Division shall increase by $16,000. BE IT FURTHER RESOLVED that $16,000 in revenue from the Department of Planning and Development, Zoning and Plat Review Division be transferred to the following line items in the specified amounts: Planning division expenditure line item COMPREHENSIVE PLANNING OUTREACH: $10,000 Zoning expenditure line item CONFERENCES AND TRAINING: $6,000. Jerry Derr, Town of Bristol, representing Dane County Towns Association, spoke in opposition to Res Mark Hazelbaker, Madison, representing Dane County Towns Association, spoke in opposition to Res Moved by Supervisor Brown, seconded by Supervisor Hulsey, to adopt Res. 242 with the following amendment: Reverse the amounts in the last resolved clause so that it reads: Planning Division Expenditure line item COMPREHENSIVE PLANNING OUTREACH: $6,000 Zoning expenditure line item CONFERENCES AND TRAINING: $10,000 (This was the recommendation of the Personnel & Finance Committee and the action that was before the Board.) 65

11 Moved by Supervisor O Loughlin, seconded by Supervisor Willett, to delete the $6,000 (making it $0) and add the $6,000 to the $10,000. Motion failed. Moved by Supervisor Gau, seconded by Supervisor Martz, to add a final resolved clause as follows: NOW, THEREFORE, BE IT FINALLY RESOLVED that the Conference and Training fund not be expended until the audit has been completed. Roll call requested: AYES: 19 Blaska, Bruskewitz, de Felice, Eggert, Gau, Graf, Hendrick, Hitzemann, Kostelic, Martz, O Loughlin, Opitz, Pertzborn, Ripp, Salov, Schoer, Vogel, Wiganowsky, and Willett. NOES: 14 Brown, DeSmidt, Erickson, Fyrst, Gross, Hulsey, Matano, McDonell, Olsen, Richmond, Rusk, Vedder, Wheeler, and Worzala. ABSENT: 4 Hanson, Jensen, Wendt, and Kesterson. Motion prevailed. The question then before the Board was adoption of Res. 242 as amended. Roll call required: AYES: 27 Brown, de Felice, DeSmidt, Eggert, Erickson, Fyrst, Gau, Graf, Gross, Hendrick, Hulsey, Kostelic, Martz, Matano, McDonell, Olsen, Opitz, Pertzborn, Richmond, Ripp, Rusk, Salov, Schoer, Vedder, Wheeler, Willett, and Worzala. NOES: 6 - Blaska, Bruskewitz, Hitzemann, O Loughlin, Vogel, and Wiganowsky. ABSENT: 4 Hanson, Jensen, Wendt, and Kesterson. Motion prevailed. RES. 31, AUTHORIZING THE CARRY FORWARD OF EDI GRANT FUNDS FROM 2004 TO 2005 Personnel & Finance Committee recommends adoption of Sub. 1 to Res. 31. SUB. 1 TO RES. 31, AUTHORIZING THE CARRY FORWARD OF EDI GRANT FUNDS FROM 2004 TO 2005 On July 11, 2002 the Dane County Board of Supervisors approved Resolution 41, , Authorizing the Acceptance of the HUD Economic Development Initiative (EDI) Grant for the East Badger Road Redevelopment Project. The resolution was signed by the Dane County Executive on July 15, The purpose of the East Badger Road Redevelopment Project is to transform blighted, environmentally contaminated sites into a center of high technology businesses, which will provide over 100 jobs; and to connect neighborhood residents to new job opportunities through training and outreach. The EDI grant will be used to fund a training facility in the Novation Technology Campus portion of the East Badger Road Redevelopment area, and assist tenant improvements. The Novation Technology Campus (at E. Badger and Rimrock Roads) is a $35 million (Phase I) redevelopment, by the Alexander Company, of a former landfill into a high technology campus with adjoining office and retail uses. To accept and expend EDI grant funds, $370,000 was placed in revenue and expense lines in the Dane County budget for the year The EDI grant amount was carried forward in expense and revenue lines into budget year Dane County entered into a Grant Agreement on January 14, 2004 with Mid-Town Center, LLC, a subsidiary of The Alexander Company, for the purpose of constructing the training center and assisting tenant improvements of Tech Building I on the Novation Technology Campus. In 2005, Mid-Town Center, LLC completed the training center and tenant improvement work under the Grant Agreement. The EDI grant amount of $370,000, however, was inadvertently not carried forward into In order to accept and expend EDI grant funds, the amount of $370, will need to be added to the appropriate expense and revenue budget lines. NOW, THEREFORE, BE IT RESOLVED that expense line PDCOMDEV be increased by $370,000 and revenue line PDCOMDEV be increased by $370,000 to enable receipt and expenditure of EDI grant funds and grant. BE IT FINALLY RESOLVED that the Dane County Controller is authorized to issue checks necessary to implement the EDI The question before the Board was adoption of Sub. 1 to Res. 31. Motion carried. 66

12 ADJOURNMENT Moved by Supervisor Fyrst, seconded by Supervisor Opitz, to adjourn to Thursday, June 16, 2005, at 7:30 p.m., or at the call of the Chair. Motion carried at 10:23 p.m. Subsequent to adjournment, the following matters were referred by Chair Kesterson: Ord. Amdt. 5, Amending Ch. 2 & 70, Revising the Parking Ramp Ordinance. Submitted by Supervisors Ripp, Opitz, Matano, Willett, Schoer, and de Felice. Referred to PERSONNEL/FINANCE and PUBLIC WORKS/ TRANSPORTATION. Res. 55, Award of Contract for Interior Signage for the Dane County Courthouse. Submitted by Supervisors Ripp, Kostelic, Opitz, Matano, and Schoer. Referred to PERSONNEL/FINANCE, PUBLIC PROTECTION/JUDICIARY, PUBLIC WORKS/TRANSPORTATION, and JUSTICE CENTER PLANNING OVERSIGHT. Res. 56, Authorizing Execution of Addendum to Lease of Wright Street, LLC, Involving Land at Truax Air Park Dane County Regional Airport. Submitted by Supervisors Rusk, Gau, and McDonell. Referred to PERSONNEL/FINANCE and PUBLIC WORKS/TRANSPORTATION. (AIRPORT rec. adoption on 6/1/05.) Res. 57, County Executive Appointments. Submitted by Supervisor McDonell. Referred to EXECUTIVE. Res. 58, Approving Lease Amendment Between Dane County and USDA Farm Service Agency at Lyman F. Anderson Agriculture and Conservation Center. Submitted by Supervisors Ripp, Kostelic, Opitz, Matano, Willett, Schoer, and de Felice. Referred to PERSONNEL/FINANCE and ENVIRONMENT/AGRICULTURE/NATURAL RESOURCES. Res. 59, Authorizing the Purchase of Development Rights on ~175 Acres of Land in the Town of Roxbury. Submitted by Supervisor Ripp. Referred to PERSONNEL/FINANCE, ENVIRONMENT/AGRICULTURE/NATURAL RESOURCES, and PARK COMMISSION. Res. 60, Authorization to Exercise Option to Purchase Sunnyside Phase II. Submitted by Supervisors Ripp and Kostelic. Referred to PERSONNEL/FINANCE, ENVIRONMENT/AGRICULTURE/NATURAL RESOURCES, and PARK COMMISSION. Res. 61, Authorizing the Purchase of Development Rights on ~69 Acres of Land in the Town of Roxbury. Submitted by Supervisor Ripp. Referred to PERSONNEL/FINANCE, ENVIRONMENT/AGRICULTURE/NATURAL RESOURCES, and PARK COMMISSION. Claim from Glen Odom against Jail claims personal property is missing. Referred to PUBLIC PROTECTION/JUDICIARY. Claim from Edward W. Peirick against Highways claims vehicle damaged by item falling off truck. Referred to PUBLIC PROTECTION/JUDICIARY. Marinette Co. Res. 187-Opposing 2005 Senate Bill 114 and Assembly Bill 225 Classifying County Jailers as Protective Occupation Participants. Referred to EXECUTIVE. Wood Co. Res to fully restore the fuel tax user fee concept. Referred to EXECUTIVE. Douglas Co. Res. #52-05 Assembly Bill 412 Opposed. Referred to EXECUTIVE. Waupaca Co. Res. 5 ( ) Opposition to the DNR Use of Wildlife Damage Funds for Chronic Wasting Disease. Referred to EXECUTIVE. Petitions for Zoning Reclassification. Referred by Clerk Ohlsen to ZONING & LAND REGULATION. Petition 9254 Town of Roxbury David C. & Diane T. Frey 9256 Town of Dunn Catherine Outhouse 9257 Town of Verona Joel & Jamie Grant 9258 Town of Montrose Mary L. Short Rev. Trust 9260 Town of Dunn Ross J. Molot 9261 Town of Medina Schroeder Farms of Wisconsin, Inc Town of Deerfield Sandra Weger 9263 Town of Springfield Wagner Family Trust 9265 Town of Springfield Norman & Lorraine Maly 9267 Town of Middleton Candy S. Pollock & Roger Patrick 9268 Town of Oregon Jean & Gayel Larsen 9269 Town of Primrose Eleanor J., Robert D. & Roger R. Snider & Carol M. Isely 9270 Town of Springfield Steven Ripp 9271 Town of Sun Prairie Joua Vang 9272 Town of Vermont Donald & Marguerite Parrell 9273 Town of Sun Prairie Mary Sue & Charles E. Miller, Jr Town of Springdale Gary & Kathleen Lutz 9275 Town of Deerfield Teddy A. Schlueter 9276 Town of Montrose The Bruce Company of Wisconsin, Inc Town of Rutland William & Suzette Waters 9278 Town of Sun Prairie Barbara & Richard Swenson ET AL 9279 Town of Dunn JMS Farms, Inc Town of Deerfield Russell & Janice Pohlman 9281 Town of Albion John Kelch 9282 Town of Windsor Parkside LLC