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St Croix County Board, July 15, 2008

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St Croix County Board, July 15, 2008
New Richmond Wisconsin 127 South Knowles Avenue 54017

proceedings of the

ST. CROIX COUNTY BOARD OF SUPERVISORS

Regular Meeting July 15, 2008

Invocation given by Pastor Larry Szyman of Faith Community Church of Hudson, Wisconsin. Pledge of Allegiance recited. Meeting called to order by Chair Rebholz at 9:00 a.m.

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Roll call: 28 present; absent and excused Supr. Hurtgen, Supr. Leonard and Supr. Laura (Gunderson) Tommerdahl

Administrative Coordinator Report: Administrative Coordinator Chuck Whiting reported 2009 budget is underway and two of the four AFSCME unions have approved contracts terms. Whiting stated he plans to schedule a meeting with new County Board Supervisors who missed the April orientation and county facility tour. Whiting announced August 1st is the first official day for the Aging and Disability Resource Center (ADRC) at the Government Center. Whiting stated the State approved its budget but still must deal with the structural deficit. Whiting noted the County Fair starts Thursday and hopes to see Supervisors there.

Consent Agenda: Motion by Supr. Ruetz, 2nd by Supr. Schrank to adopt the consent agenda approving the April 21, 2008 Goal Setting Session minutes and the June 17, 2008 County Board proceedings; setting the next County Board meeting for August 19, 2008 and approving mileage and per diem for May 2008 in the amount of $11,394.06. Carried unanimously.

APPOINTMENTS: None

Chair Rebholz announced anyone from the public wishing to speak they must complete a Request for Recognition form and submit it to their County Board Supervisor. Chair Rebholz stated he intends to allow two minutes per speaker.

OLD AND NEW BUSINESS

1. Resolution #22(2008) Creating an Ad Hoc Energy Committee. This resolution creates an ad hoc Energy Committee to study and educate the public about the use of alternate forms of energy and consider uses by the County. Chair Rebholz indicated this committee would consist of two supervisors and three non-supervisor members. Supr. Luckey requested the resolution include the number of members. Supr. Borup asked to consider having the Building Services Director on the committee. Supr. Malick indicated staff members would be welcome as resource persons and not voting members. Motion by Supr. Malick, 2nd by Supr. Luckey to amend resolution in the first "FURTHER" paragraph to insert the word "two" in front of supervisors and "three" in front of non-supervisors. Amendment carried unanimously. Motion by Supr. Malick, 2nd by Supr. Ostness to amend last "WHEREAS" paragraph after the word County to insert "on County property". Amendment carried. Motion by Supr. Marzolf, 2nd by Supr. Schrank to approve the resolution as amended. Carried unanimously.

2. Resolution Creating a Substance Abuse Committee. Motion by Supr. Wentz, 2nd by Supr. Mortensen to move to the floor. Supr. Luckey requested an outline of the composition of the current committee. Supr. Wentz responded current composition includes three appointed County Board Supervisors, with volunteer representation from Health and Human Services (HHS), Sheriff's Department, District Attorney's office, Drug Court Coordinator, Public Defender's office, Somerset Police Department and others. Motion by Luckey, 2nd by Cranmer to amend the resolution to include compilation in the first "Therefore" paragraph. Discussion regarding County Board Supervisors being compensated and volunteers not compensated. Discussion regarding who are the voting members and the number of volunteer members. Supr. Wentz stated everyone at the meetings vote and added this committee does not make policy but rather disseminates information. Supr. Malick suggested the resolution state the appointments are made by the Chair and Vice Chair of the County Board. Discussion regarding number of volunteers. Chair Rebholz suggested tabling this to rearrange the language. Motion by Supr. Malick, 2nd by Supr. G. Peterson to table. Chair Rebholz suggested Supr. Wentz meet with Supr. Luckey to determine final wording. Carried unanimously.

3. Resolution #23(2008) Amending Rules and Bylaws Concerning Administration Committee Service as Ethics Board. Motion by Supr. Speer, 2nd by Supr. Wentz to approve. Chair Rebholz stated this resolution adds to the Rules and Bylaw that the Administration Committee shall serve as the St. Croix County Ethics Board. Carried unanimously.

4. Resolution #24(2008) Designating Official Authorized to Declare Official Intent Under Reimbursement Bond Regulations. Motion by Supr. Marzolf, 2nd by Supr. Norton-Bauman to approve. Motion by Supr. Marzolf, 2nd by Supr. Cranmer to delete the word "timely" in the second "Whereas" paragraph so the paragraph reads "WHEREAS, one of the requirements of the Regulations is that an issuer must declare in a timely manner an intention to reimburse itself for the expenditure from proceeds of a tax-exempt borrowing ("Official Intent"),". Supr. Luckey asked if authorization is given to the Administrative Coordinator and Finance Director acting together or one or the other. Timmerman stated both would be required because it clearly states "and". Action on motion to amend by roll call vote: Yes - 14; No - 14. Motion fails. Motion by Supr. Malick, 2nd by Supr. Luckey to remove the comma in item 1 under NOW, THEREFORE, BE IT RESOLVED between "Administrative Coordinator" and "Finance Director". Motion on amendment carried unanimously. Main motion as amended carried unanimously.

Supervisor Yes No Supervisor Yes No

Dan Raebel X Alfred Schrank X

Julie Speer X Joe Hurtgen (absent)

William Peavey X Gerald Peterson X

Charles Grant X Greg Tellijohn X

Roger Larson X Richard King X

Frederick Horne X John Mortensen X

Esther Wentz X Eugene Ruetz X

David Peterson X David Ostness X Lorin Sather X Richard Marzolf X

Sharon Norton-Bauman X Peter Post X

Roger Rebholz X Bill Cranmer X

Daryl Standafer X John Borup X

Clarence Malick X Steve Hermsen X

Kenneth Kolbe X Cindy Leonard (Absent)

Linda L. Luckey X Shane Demulling X

Laura Tommerdahl (Absent) TOTAL 14 14

Chair Rebholz called for a break and reconvened at 10:32 a.m.

5. Resolution #25(2008) Establishing Public Participation Procedures for the St. Croix County Comprehensive Plan. Motion by Supr. Malick, 2nd by Supr. Norton-Bauman to approve with the inclusion of the word "plan" added under the second WHEREAS on the fourth line (..or amended comprehensive "plan" elements,...). Planning and Zoning Senior Planner, Ellen Denzer, provided a plan project and public participation statute requirements. Denzer stated the grant application identified a number of activities and regional planning requirements including creating a citizens advisory committee and technical advisory committee. Denzer explained Regional Planning has decided to have four focus groups in this region - transportation focus group, economic development focus group, land use focus group, and sustainable and energy focus group. Denzer confirmed the deadline is 2010 per grant application. Motion by Supr. Sather, 2nd by Supr. G. Peterson to approve the following amendments to the Public Participation Procedures for the St. Croix County Comprehensive Plan: Add after first bullet on second page - 1) The "public" is defined as non-county agencies.; 2) The appropriate county departments are responsible for development of those elements of the plan that are germane to their area of operation.; 3) Change the current second bullet on the second page to read: "The Other government units of internal, adjacent or overlapping jurisdictions will be notified of the county's undertaking of the preparation of the Comprehensive Plan and their input sought on jurisdictional issues concerning land use, municipal boundaries and service provisions." Supr. Ruetz spoke against the amendments. Supr. Malick stated the amendments are not inconsistent with the original motion but uses the widest possible reach and felt the amendments were not necessary. Motion on amendments failed. Action on main motion carried unanimously.

6. Resolution to Build a New Nursing Home to be Supported by the County and to Build a New 20-Unit Assisted Living Facility. Chair Rebholz called for public comment and introduced Kim Dupre who explained nursing home funding and concerns about downsizing to 50-beds. There were no other public comments. Supr. Borup questioned the timing of this resolution and the motion made for an advisory referendum.

Motion by Supr. Wentz, 2nd by Supr. Horne to move the resolution to the floor. Supr. Hermsen questioned whether this is eligible for consideration given the past action of the County Board and referred this to Corporation Counsel. Timmerman stated this is eligible for consideration because this is a new Board and new Boards can't be dictated by previous Boards in most cases. Timmerman added action regarding the advisory referendum has reached a point where the Board can't turn back. This resolution can be considered today by this Board. Timmerman added the Board can agree this is inappropriate and table it. If the Board adopts the resolution that would void the previous action to call for a referendum question in November and take a different course. Action would not require a two-thirds vote.

Supr. Malick asked for a status from the Ad Hoc Nursing Home Advisory Referendum Committee. Supr. Standafer stated the ad hoc committee fully intends to complete the work and have a recommended ballot question for consideration for the County Board in August.

Discussion regarding if passing the resolution negates the advisory referendum for November. Supr. Standafer indicated since the specific question of the referendum is not addressed in the resolution it does not negate the referendum and would proceed with a referendum even if this resolution is adopted. It would allow the Board to learn the opinion of the public.

Supr. Hermsen reminded the County Board of the March motion to keep the nursing home operating as a County entity and place an advisory referendum on the November 2008 ballot; and in the meantime obtain more information on construction and remodeling costs.

Supr. Malick asked to hear from the Health and Human Services (HHS) Board regarding the March motion which brought this action and asked if there was something new and different in the federal funding system or demographics to alter the course dramatically. Supr. G. Peterson responded HHS does not intend to change the course of action but is trying to get closure on the issue.

Supr. Marzolf highlighted July 2005 Finance Committee minutes in which excess funds were taken from the Nursing Home monies to cover the HHS deficit and added no department in the County pays for itself.

Supr. Norton-Bauman read a statement from information gathered summarizing previous discussions and actions regarding the Nursing Home. (This statement is on file in the County Clerk's office.)

Supr. Marzolf stated after his surgery he spent twelve days at the St. Croix County Nursing Home in rehabilitation and expressed the quality of care he received during his stay.

Supr. Mortensen expressed the importance of providing a full explanation to the voters.

Supr. Ostness asked if HHS has looked at other programs to bring in revenue. HHS Director Fred Johnson stated they have had a dialog regarding special care with Community Health Partnership (CHP) which will be the new manage-care organization that will be providing long-term care services to a five county region and includes funding nursing homes. Johnson stated discussions with CHP reveal people with specialized care needs have access issues. For those that need rehabilitation or reduced physical functioning that does not seem to be an issue of concern at this time. Discussions are preliminary on what the County may do if it stays in the nursing home business long-term about enhanced revenues. For those individuals Medicaid funded, the County will receive the Medicaid rate. No other discussions have been held regarding reimbursement rates. A waiver from the State may be necessary if the County provides specialty care (memory care, transitional unit, etc.). CHP has a responsibility to provide care to these individuals. Johnson added with adding specialty care there's concern about additional State survey and citation issues. Other than behavioral special care all other specialty care would fall under the nursing home license per Nursing Home Administrator Harold Morris.

Supr. Cranmer asked Johnson to explain the handout comparing 72-bed and 50-bed replacement facility analysis. Johnson stated there is no long-range debt in the budget because the facility is paid for and they have not budgeted for depreciation to set aside money to take care of capital needs as well as replacement planning. Review of 72-bed and 50-bed replacement facility. Johnson stated with a 50-bed, the County would reduce its operational costs and increase revenue. Johnson reviewed the handout and noted this analysis does not include operational costs.

Motion by Supr. Marzolf, 2nd by Supr. G. Peterson to amend the resolution with the following changes: "WHEREAS, the Health and Human Services Board met on May 28, 2008 and passed a motion to recommend to the County Board that the County Board build a new nursing home to be funded supported by the County and to build a 20-unit assisted living facility, also funded by the County." And add "THEREFORE, BE IT RESOLVED, that the St. Croix County Board of Supervisors adopts the Health and Human Services Board recommendation, and approves that recommendation, contingent on the following conditions: 1) bids be let for estimates to (a) building a new 72-bed nursing home facility, or (b) bids be let to remodel the best of the two existing Health Center structures and (c) proceed with the countywide advisory referendum question approved at the March 2008 County Board meeting."

Supr. Malick indicated a motion to postpone may be best for the HHS Board to workout details and meanwhile allows the ad hoc referendum committee to make final preparation for the August County Board meeting. Motion by Supr. Malick, 2nd by Supr. Norton-Bauman to postpone the amendment and main motion indefinitely. Supr. G. Peterson stated the County spent $106,000 for consultants to help us arrive at this decision and suggested putting a more specific date on the postponement such as August or September. Timmerman stated the motion to postpone indefinitely is not amendable. Supr. Cranmer stated postponing would allow HHS more time to bring back a refined motion and provide the most feasible options.

Motion by Supr. G. Peterson, 2nd by Supr. Peavey to call for the question. A motion to end debate requires 2/3 vote. Roll call vote: Yes: 24 - No: 4. Carried.

Supervisor Yes No Supervisor Yes No

Dan Raebel X Alfred Schrank X

Julie Speer X Joe Hurtgen (absent)

William Peavey X Gerald Peterson X

Charles Grant X Greg Tellijohn X

Roger Larson X Richard King X

Frederick Horne X John Mortensen X

Esther Wentz X Eugene Ruetz X

David Peterson X David Ostness X

Lorin Sather X Richard Marzolf X

Sharon Norton-Bauman X Peter Post X

Roger Rebholz X Bill Cranmer X

Daryl Standafer X John Borup X

Clarence Malick X Steve Hermsen X

Kenneth Kolbe X Cindy Leonard (Absent)

Linda L. Luckey X Shane Demulling X

Laura Tommerdahl (Absent) TOTAL 24 4

Motion to postpone indefinitely carried.

7. General Discussion of the St. Croix County Nursing Home. See item 6 above.

Committee and Department Reports:

Emergency Management: Emergency Management Director Jack Colvard provided an overview of the Emergency Management Department and how it works with communities on handling a disaster and training participation. Federal fiscal years 2007 and 2008 were reviewed noting the number of people trained and grant funds available from the Office of Justice Assistance for additional command classes. Colvard reported on the damage in the New Richmond area from the 2007 storm. Colvard stated there was $288,000 in damages to the public sector areas from the storm. Colvard submitted these costs to the State and is waiting for reimbursement funding. Colvard stated numerous grants were made available to the County. In 2007, grants were received in the amount of $138,163 with $26,472 paid directly to reimburse the County for Emergency Management operations. In 2008, there was $102,456 in grant revenue, with $57,716 paid directly to the County to reimburse Emergency Management operations.

Emergency Communications: Communications Director Casey Swetlik provided data on the increase in calls for service and explained the difference between calls being dispatched and other calls. Enhanced Cellular 911 reviewed which provides the ability to track cellular 911 calls. Swetlik reviewed query activity increases from 2001 showing a 76% and a 147% increase in entries. Emergency Communication enters warrants, stolen vehicles, protection orders, etc. Personnel comparisons reviewed compared to volume of calls. Swetlik noted there is a back-up center in Baldwin which would be used in the event staff needs to leave Hudson. A current project is to replace 37 radio bases with a 2-year cost span (2008 - 2009). Review of recent security cameras installed in the Government Center. Swetlik thanked his committee and County Board for their ongoing support.

County Clerk's Report of Correspondence and Rezoning Requests: County Clerk Campbell reported on Planning and Zoning Committee rezoning applications submitted and scheduled for a hearing for Thomas Pietsch Estate to rezone approximately 52 acres from Agricultural to Agricultural II in the Town of Cylon; and Tony and Deanna Lind to rezone approximately 2.3 acres from Agricultural to Agricultural-Residential in the Town of Baldwin. New rezoning applications submitted but not scheduled for hearings for Charles and Barbara Weyer to rezone approximately 43 acres from Ag to Ag-II in the Town of Rush River; and John Bettendorf to rezone approximately 4.82 acres from Ag-Res to Commercial in the Town of Kinnickinnic.

Announcements: County Clerk Campbell reminded Supervisors the 2008 Wisconsin Counties Association Annual Conference is scheduled for October 12 - 14 at the Kalahari Resort in Wisconsin Dells. Campbell will register Supervisors planning to attend. The deadline to register at a discounted rate is September 12th.

Supr. Ruetz reminded Supervisors that County Fair starts Thursday.

Meeting adjourned at 12:10 p.m.

Roger Rebholz, Chair, St. Croix County Board of Supervisors

Cindy Campbell, County Clerk

Copies of resolutions, ordinances and Department Head reports may be obtained at the St. Croix County Clerk's office.

WNAXLP

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