Shawano County Board of Supervisors. County Board Meeting

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1 Shawano County Board of Supervisors County Board Meeting Date: Wednesday, December 16, 2015 Time: 9:00 a.m. Members: John Ainsworth, Ken Capelle, Kevin Conradt, Jerry Erdmann, Ray Faehling, Richard Ferfecki, Richard Giese, Steven Gueths, Patrick Hoffman, Gene Hoppe, Bert A. Huntington, Thomas Kautza, Marvin Klosterman, Dennis Knaak, Robert Krause, Kathy Luebke, Milton Marquardt, Michael McClelland, Deb Noffke, Marlin Noffke, Bonnie Olson, Sandra Steinke, Rosetta Stern, William J. Switalla, Arlyn Tober, Randy Young, Jon Zwirschitz Place: Shawano County Board Room Courthouse Upper Level Accommodations due to disability can be made by calling Roll call. Agenda 2. Silent meditation and Pledge of Allegiance. 3. Approval of the November County Board minutes. 4. Public comments. 5. Motion to deviate from the order of the agenda, if necessary. 6. Chairman s report. 7. Petitions and communications to the County Board. Legislative Comments Shawano Area Agricultural Society Audit, Dale Hodkiewicz, President of the Fair Board Association presenting the 2015 audit report 8. Resolution No to approve a new lease agreement between the Shawano Area Agricultural Society and Shawano County. Lease agreement and other correspondence attached. 9. Resolution No to approve using $3,500 from the General Fund Unassigned Fund balance to reimburse the Shawano Area Agricultural Society for drainage ditch work completed at the Shawano County Fairgrounds.

2 10. Resolution No to urge the legislature to amend the law concerning county payment for library services. 11. Resolution No to approve updating the jail staffing agreement between the County Board and the Sheriff pursuant to DOC 350 of the Wisconsin Administrative Code. 12. Resolution No to specify the situations exempt deputies are entitled to additional pay. 13. Resolution No to approve reclassifications of the Zoning Administrator and County Conservationist positions consistent with prior County Board resolutions. 14. Resolution No to approve reclassifications of various positions in the Department of Human Services consistent with prior County Board resolutions. 15. Resolution No to approve the use of flex time with the approval of management. 16. Resolution No to approve a zone change for Donald and Judith Fields in the Town of Washington. 17. Report by Finance Committee on General Accounts. 18. Approve the Committee minutes as submitted with the agenda. 19. Special orders or appointments by the board. Appoint Wendy LaTender to the Community services Advisory Committee representing the mental health/substance abuse population 20. Board member comments on new business that is requested for future board consideration. 21. Report of the County Board of Supervisors mileage and per diem. 22. Next meeting date: Wednesday, January 27, 2016 at 9:00 a.m. 23. Adjournment. Posting of Notice: December 10, 2015 Time: 8:30 a.m. Place: Shawano County Courthouse, Human Services Fellman Center, City-County Library, Shawano Leader, WTCH Radio, Shawano County Website Pamela Schmidt, Shawano County Clerk

3 Resolution No To approve a new lease agreement between the Shawano Area Agricultural Society and Shawano County Whereas, pursuant to Resolution No , the Shawano Area Agricultural Society, Inc. (hereafter Ag Society ) and Shawano County entered into a lease (hereafter Lease Agreement ) dated January 1, 2005, for a period ending December 31, 2010, for the property commonly referred to as the Fairgrounds ; and Whereas, on July 17, 2008, Shawano County entered into an amended Lease Agreement with the Ag Society pursuant to Resolution No , which modified the Lease Agreement in part by carving out the specified area within the Fairgrounds that contained what is commonly referred to as the Crawford Center for use during the fair period; and Whereas, pursuant to Resolution No , a Second Amendment to the Lease Agreement was entered into by the parties extending the Lease Agreement through December 31, 2015; and Whereas, the parties desire to enter into the attached new Lease Agreement, which combines many of the terms of the initial Lease Agreement and amendments, with appropriate updates as approved by the applicable home committees. Now, therefore, be it resolved by the Shawano County Board of Supervisors, in session this 16 th day of December, 2015, that Shawano County approves the attached Lease Agreement between the Shawano Area Agricultural Society and Shawano County which shall run from January 1, 2016, through December 31, Submitted by, Sandy Steinke Richard Giese Bert Huntington Gerald Erdmann Deb Noffke Public Property Committee Vote: 4 Yes; 1 No (Noffke); 0 Absent Arlyn Tober Robert Krause Marvin Klosterman Randy Young Kathy Luebke Agriculture & Extension Education, Conservation, County Fair And County Farm Committee The Ag and Extension Committee will meet on Friday, December 10 th to act on this resolution.

4 Legal Note: Requires a majority vote of the Board. Tony A. Kordus, Corporation Counsel Administrative/Fiscal Note: The $35,000 will come from the rental of land at the County Farm. If that is no longer rented, the money will have to come from the General Fund or some other source. Brent R. Miller, Administrative Coordinator

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16 Resolution No To approve using $3, from the General Fund Unassigned Fund balance to reimburse the Shawano Area Agricultural Society for drainage ditch work completed at the Shawano County Fairgrounds Whereas, the City of Shawano has reimbursed the Shawano Area Agricultural Society in the amount of $3, for drainage ditch work completed at the Shawano County Fairgrounds; and Whereas, the County of Shawano owns the Shawano County Fairgrounds and therefore has an interest in proper maintenance of its fairgrounds property; and Whereas, the Agriculture & Extension Education Committee of the Shawano County Board of Supervisors believes the County should match the City s contribution toward drainage ditch expenses since this work will benefit both the City and County. Now, therefore, be it resolved by the Shawano County Board of Supervisors, that $3, be taken from the general fund unassigned fund balance, and used to reimburse the Shawano Area Agricultural Society for drainage ditch work completed at the Shawano County Fairgrounds. Marvin Klosterman Randy Young Robert Krause Kathy Luebke Arlyn Tober Submitted by, Gerald Erdmann Marlin Noffke Sandy Steinke Rosetta Stern Arlyn Tober Agriculture & Extension Education, Conservation, County Fair And County Farm Committee Finance Committee Vote: 5 Yes; 0 No; 0 Absent; The Ag and Extension Committee has a meeting on Friday, December 10, 2015 and will act on this resolution. Legal Note: Transfers from the general fund require 18 votes of the Board. Tony A. Kordus, Corporation Counsel Administrative/Fiscal Note: $3,500 will be taken from the General Fund Unassigned Fund Balance. Brent R. Miller, Administrative Coordinator/Finance Director

17 Resolution No To urge amending the law concerning county payment for library services Whereas, Shawano County recognizes the importance of public libraries and the information and resources public libraries provide; and Whereas, Shawano County is committed to and does provide substantial financial support to the public libraries located in Shawano County; and Whereas, current library law, specifically Wis. Stat , has had unintended financial consequences on the residents of Shawano County; and Whereas, under the existing provisions of Wis. Stat , Shawano County is required to make payment to adjoining counties for materials loaned from adjoining county libraries to residents of Shawano County, resulting in inequitable taxation to those residents who do not use the services of neighboring county libraries; and Whereas, existing law prohibits the disclosure of the names of Shawano County residents who use the neighboring libraries to Shawano County, even though Shawano County is the party responsible to pay the charges incurred by those Shawano County residents; and Whereas, existing law does not require the billing county to provide usage data by municipality, which would assist Shawano County in determining where to provide library services; and Whereas, existing law arbitrarily sets a 70% reimbursement rate formula for reimbursement of library services of another county; and Whereas, the net result is that Shawano County is required to make payments totaling $119,289 in 2016 for library services of which approximately 44% will go to Brown County, 49% will go to Outagamie/Winnebago Counties and 7% to Langlade County; and Whereas, in an effort to remedy the current statutory scheme, Shawano County proposes Wis. Stats (8) be created to read: (8) To avoid any payments due under sub (1), a County that does not maintain a consolidated public library may, by resolution, direct the County Clerk to notify the clerk of each adjacent county that the adjacent county libraries are to invoice out-of-county residents directly for any materials loaned. Whereas, alternatively, Shawano County hereby requests legislative action to repeal Wis. Stat , or other legislative action to address the unintended inequity caused by the existing revisions to the statute.

18 Now, therefore, be it resolved, by the Shawano County Board of Supervisors, in session this 16 th day of December 2015, that the Board urges the Legislature to amend Wis. Stats with the proposed language described above, or alternatively, to repeal or make other legislative changes to reverse the inequity caused by the statute. Be it further resolved, the Clerk shall forward a copy of this Resolution to Sen. Robert Cowles, Sen. Luther Olsen, Sen. Thomas Tiffany, Rep. Gary Tauchen, Rep. Mary Czaja, Rep. Jeffrey Mursau, Rep. Kevin Petersen and Governor Scott Walker. Be it further resolved, the Clerk shall forward a copy of this Resolution to the County Clerk of each County in this state and to the Wisconsin Counties Association. Michael McClelland Milton Marquardt Geri Van De Loo Melissa Schuler Krisy Bogacz John Hoeffs Roland Dobratz Submitted by, Gerald Erdmann Gene Hoppe Bonnie Olson Deb Noffke William Switalla Administrative Committee City/County Library Board Vote: 5 Yes; 0 No; 0 Absent; The City/County Library Board has a meeting on December 10, 2015 and will act on this resolution Legal Note: Requires a majority vote. Tony A. Kordus, Corporation Counsel Administrative/Fiscal Note: Without amending the State statute, this will cost Shawano County taxpayers $119,289 in Brent R. Miller, Administrative Coordinator/Finance Director

19 Resolution No To approve updating the jail staffing agreement between the County Board and the Sheriff pursuant to DOC 350 of the Wisconsin Administrative Code Whereas, DOC of the Wisconsin Administrative Code states that the Sheriff and County Board shall have a mutually agreed upon jail staffing agreement by way of a resolution ensuring that adequate staffing and resources are available to cover double occupancy cell use at the jail, and the agreement must be filed with the Department of Corrections; and Whereas, for male and female housing areas, at least one cell or 15% of the jail's total number of cells, whichever is greater, shall be maintained for single occupancy; and Whereas, receiving cells may not be used for double occupancy; and Whereas, the original minimum staffing of 36 Corrections Officers, 5 Sergeants, 2 Jail Lieutenants and 1 Jail Administrator has not changed; and Whereas, changes to DOC 350 now also require the listing of support staff in the staffing agreement, which would include 3 Jail Cooks, 1 Food Service Manager, 2 Account Clerks, and a Contracted Health Services Unit consisting of 1 Nurse at 40 hours per week and a Doctor as needed; and Whereas, failure to update the staffing agreement will result in decertification of 53 double bunked cells; and Whereas, loss of beds may result in boarding our prisoners outside our facility, and will result in loss of ability to board for outside agencies reducing revenue. Now, therefore, be it resolved, by the Shawano County Board of Supervisors, in session this 16 th day of December, 2015, that it approves updating, and hereby updates, the joint determination jail staffing agreement between the Shawano County Board and the Sheriff to note that the minimum staffing requirements above still apply and are being met, and also hereby lists the support staff, as required by DOC 350 of the Wisconsin Administrative Code, to include 3 Jail Cooks, 1 Food Service Manager, 2 Account Clerks, and a Contracted Health Services Unit consisting of 1 Nurse at 40 hours per week and a Doctor as needed, to allow for double occupancy celling in the Shawano County jail.

20 Submitted by, Patrick Hoffman Jon Zwirschitz Bert A. Huntington Michael McClelland Richard Ferfecki Public Safety Committee Vote: 4 Yes; 0 No; 1 Absent (Hoffman); Legal Note: Requires a majority vote of the Board. Tony A. Kordus, Corporation Counsel Administrative/Fiscal Note: This resolution does not require an appropriation from the general fund. Brent R. Miller, Administrative Coordinator

21 Resolution No To specify the situations exempt deputies are entitled to additional pay Whereas, Resolution No set forth the circumstances under which the Sheriff s Patrol Lieutenants (currently three) would receive additional pay; and Whereas, specifically, Resolution No provided, in part, that the Patrol Lieutenant positions are exempt positions but will be able to receive additional pay when: (i) performing contracted duties outside of the employee s normally scheduled work hours; or (ii) performing grant-funded work outside of the employee s normally scheduled work hours; and Whereas, it has become necessary to allow the Captain and Chief Deputy, along with the Patrol Lieutenants (collectively Deputies ), to also perform these duties in order to fulfill the obligations required of these grants; and Whereas, the pay contemplated in this resolution is not overtime pay, but rather, additional pay for performing additional services outside of the Deputies normal scheduled hours. Now, therefore, be it resolved by the Shawano County Board of Supervisors, in session this 16 th day of December, 2015, that it hereby approves additional pay to the Deputies as noted above when: (i) performing contracted duties outside of their normally scheduled work hours and paid for by another entity at no wage cost whatsoever to Shawano County; and (ii) performing grant-funded highway safety work outside of their normally scheduled work hours at no wage cost whatsoever to Shawano County. Be it further resolved, that the Deputies shall also be able to earn additional pay for WDNR grant-funded and budgeted for recreational patrols outside of their normally scheduled work hours with the only wage cost to the county being the pay received beyond the normal Patrol Sergeant s pay as noted below that is offset through WDNR payments for equipment depreciation and repair received by Shawano County for maintaining grant compliance. Be it further resolved, that when performing any duties herein qualifying for additional pay, the Deputies shall be paid 1.5 times the normal Patrol Sergeant s pay which is currently about $27/hour and is less than the Deputies normal pay. $40/hour. (The bolded/italicized language was approved by the Public Safety Committee, but the Administrative Committee voted to strike the bolded/italicized language and replace it with the underlined language. The County Board will have to decide which language to use.)

22 Be it further resolved, that this Resolution shall be included in Appendix H of the Personnel Policy Manual as one of the established Pay Policies. Submitted by, Richard Ferfecki Gerald Erdmann Patrick Hoffman Gene Hoppe Bert Huntington Bonnie Olson Mike McClelland Deb Noffke Jon Zwirschitz William Switalla Public Safety Committee Vote: 3 Yes; 1 No (McClelland); 1 Absent (Hoffman) Administrative Committee Vote: 5 Yes; 0 No; 0 Absent Legal Note: Requires a majority vote of the Board. Tony A. Kordus, Corporation Counsel Administrative/Fiscal Note: Salary $ 9,677 Fringe Benefits 3,056 Total Annual Estimated Cost $12,733 Anticipated Municipal and Grant Funding $12,733 Net Cost $.00 Brent R. Miller, Administrative Coordinator

23 Resolution No To approve reclassifications of the Zoning Administrator and County Conservationist positions consistent with prior County Board resolutions Whereas, pursuant to Resolution No , Shawano County adopted a job classification, wage study and pay plan as prepared by Carlson Dettmann Consulting LLC; and Whereas, the approved plan indicated that a review of job classifications based on substantial job changes or newly created classifications would be conducted annually or as needed by the Administrative Committee with any resulting revisions to be approved by the County Board; and Whereas, pursuant to Resolution No. 4-15, the County Board previously approved restructuring the Planning & Development Department and Land Conservation Division, which necessitates the need to reclassify the Zoning Administrator and County Conservationist positions in those departments; and Whereas, the Zoning Administrator is currently at grade M, and Carlson Dettmann recommends that the Zoning Administrator position be reclassified to grade P. Whereas, the County Conservationist is currently at grade M, and Carlson Dettmann recommends that the County Conservationist position be reclassified to grade N. Now, therefore, be it resolved by the Shawano County Board of Supervisors, in session this 16 th day of December, 2015, that they approve the reclassification recommendations submitted by Carlson Dettmann concerning the Zoning Administrator and County Conservationist as set forth above herein. Be it further resolved, that the reclassifications of the Zoning Administrator and County Conservationist with the corresponding pay increase shall be effective as of March 1, 2015 which is the time at which the County Board made the restructuring of the Zoning Department and Land Conservation Department effective pursuant to Resolution No

24 Submitted by, Gerald Erdmann Gene Hoppe Bonnie Olson Deb Noffke William Switalla Administrative Committee Vote: 5 Yes; 0 No; 0 Absent; Legal Note: Requires a majority vote of the Board. Tony A. Kordus, Corporation Counsel Administrative/Fiscal Note: Based upon the reclassification of positions by Carlson Dettmann and the recommended grade, and upon the Shawano County Board of Supervisors previous action of placement to the next step that provides an increase, the change in salaries would be $9,412; the change in Retirement would be $621, and the change in FICA would be $720 for a total of $10,753. Brent R. Miller, Administrative Coordinator/Finance Director CURRENT GRADE/STEP CURRENT SALARY CURRENT FLSA STATUS ANNUAL HOURS PROPOSED GRADE PROPOSED GRADE/STEP PLACEMENT PROPOSED SALARY FISCAL IMPACT POSITION Zoning Administrator M/3 $53,018 Exempt 1950 P P/1 $59,592 $6,574 County Conservationist M/1 $50,143 Exempt 1950 N N/1 $52,981 $2,838 (former) Planning Director's wage - $73,875 Fiscal Impact $9,412

25 Resolution No To approve reclassifications of various positions in the Department of Human Services consistent with prior County Board resolutions Whereas, pursuant to Resolution No , Shawano County adopted a job classification, wage study and pay plan as prepared by Carlson Dettmann Consulting LLC; and Whereas, the approved plan indicated that a review of job classifications based on substantial job changes or newly created classifications would be conducted annually or as needed by the Administrative Committee with any resulting revisions to be approved by the County Board; and Whereas, the unification of the Department of Human Services necessitates the need to reclassify several positions in that department, as indicated on the attached chart, which is consistent with the recommendations by Carlson Dettmann; and Whereas, the attached chart sets forth the current classification, the recommended classification, and the fiscal impact of the proposed revision. Now, therefore, be it resolved by the Shawano County Board of Supervisors, in session this 16 th day of December, 2015, that they approve the reclassification recommendations submitted by Carlson Dettmann concerning various positions in the Department of Human Services, contained in the attached chart. Be it further resolved, that the reclassifications set forth herein shall be effective as of January 1, Submitted by, Gerald Erdmann Gene Hoppe Bonnie Olson Deb Noffke William Switalla Administrative Committee Vote: 5 Yes; 0 No; 0 Absent;

26 Legal Note: Requires a majority vote of the Board. Tony A. Kordus, Corporation Counsel Administrative/Fiscal Note: Based upon the reclassification of positions by Carlson Dettmann and the recommended grade, and upon the Shawano County Board of Supervisors previous action of placement to the next step that provides an increase, the change in salaries would be $6,376; the change in Retirement would be $421, and the change in FICA would be $488 for a total of $7,285 for Brent R. Miller, Administrative Coordinator/Finance Director

27 FISCAL SUMMARY AND FISCAL IMPACT OF RECLASSIFICATION RECOMMENDATIONS Current Grade/ Step Current Salary Current FLSA Status Annual Hours Proposed Grade Proposed Grade/Step Placement Proposed Salary Fiscal Impact Position Human Service Director S/8 $92,035 Exempt 2080 T T/5 $92, $441 Business Division Manager N/6 $65,229 Exempt 2080 O O/5 $66,913 $1,684 Accounting Supervisor M/8 $64,200 Exempt 2080 N N/6 $64,584 $384 *Fiscal Service Assistant I/2 $19.40 Nonexempt 2080 J J/ /hr $2,017 Administrative Services Supervisor J/9 $52,583 Exempt 2080 L L/4 $53,664 $1,081 Intervention Services Supervisor M/1 $53,486 Exempt 2080 M M/1 $53,486 **Lead Youth Specialist¹ J/ Juvenile Court/Social Worker Lead¹ J/3 $21.75 Nonexempt 2080 K K/3 48,526 $104 Nonexempt 2080 K K/1 $45, $665 ***Aging Unit Director N/8 $68,486 Exempt 2080 M $68,486 no change, appropriate grade placement ****no salary change Fiscal Impact $6,376 *Recommend title change to Staff Accountant **New position ***Change in position duties as long term care is no longer a function in human services. In addition, this position has taken on the responsibilities of the Nutrition Specialist as this position was not replaced when it became vacant ****With Family Care rollout, this position will be decreased in Grade range resulting in a reduction in fiscal impact upon new hire ¹Reclassification results in both positions becoming "Exempt" for FLSA purposes; the County will need to review this with the new FLSA rules for 2016

28 Resolution No To approve the use of flex time with the approval of management Whereas, flex time is defined by applicable labor law standards as requiring employees to work certain core hours, but allowing management to adjust the employee s starting and finishing work times to accommodate county needs and the needs of the employee; and Whereas, flex time scheduling was first instituted by major employers commencing in 1973, and has been used effectively and successfully on a wide scale in both the public and private sectors since then; and Whereas, Department of Labor studies indicate that a flex schedule benefits the employer by allowing greater service to customers across a larger daily time period, saves money by avoiding overtime pay, and improves productivity and lowers absenteeism, by allowing a schedule that best fits the needs of the employer and employee; and Whereas, as an example, two employees in the same department will be required to work their scheduled days and flex time will not be used to alter that, but if both currently work from 8:00 a.m. to 5:00 p.m., one employee could instead work from 6:00 a.m. until 3:00 p.m., and the other from 9:00 a.m. to 6:00 p.m., thereby providing more service hours to the public and avoiding the need for overtime; and Whereas, however, such a schedule requires the oversight and approval of management, and to that end, any such schedule must first be approved by each applicable department head and the Administrative Coordinator who shall provide a monthly report of flex time scheduling to their home committee and the Administrative Committee, respectively. Now, therefore, be it resolved by the Shawano County Board of Supervisors, in session this 16 th day of December, 2015, that the use of flex time scheduling as described above in this Resolution is allowed provided that any such schedule first be approved by the department head and Administrative Coordinator, who shall provide a monthly report of such scheduling to their home committee and the Administrative Committee. Be it further resolved, that current page 4 of the Administrative Manual which refers to flex time, and page 6 of the Personnel Policy Manual which also refers to flex time, be modified by striking the existing sentence in each manual that does not allow flex time, and being replaced by having this Resolution be included as one of the Pay Policies in Appendix H to the manuals covering the use of flex time scheduling.

29 Submitted by, Gerald Erdmann Gene Hoppe Bonnie Olson Deb Noffke William Switalla Administrative Committee Vote: 5 Yes; 0 No; 0 Absent Legal Note: Requires a majority vote of members present. Tony A. Kordus, Corporation Counsel Fiscal/Administrative Note: No fiscal impact. Brent R. Miller, Administrative Coordinator/Finance Director

30 Resolution No Approve a zone change for Donald and Judith Fields Whereas, on October 20, 2015, the Town of Washington Town Board, acting on recommendation from their Town Plan Commission, recommended approval of a zone change request for Donald and Judith Fields; and Whereas, the Shawano County Planning, Development & Zoning Committee held a public hearing on December 2, 2015, for said zone change request; and Whereas, the Shawano County Planning, Development & Zoning Committee hereby recommends approval of this zone change request as noted below. Now, therefore, be it resolved by the Shawano County Board of Supervisors, in session this 16th day of December, 2015, that it approves the zone change as follows: Z-7-15: Donald & Judith Fields request zone change from RS, Residential Sewered to CG, Commercial General on a.67-acre parcel. The property is located and described as Part of Government Lot 1 commencing at the northeast corner of Lot 1 of Certified Survey Map #518 thence east 30 to the point of beginning, thence continue on same line 120, thence south , thence west 120, thence north to the point of beginning Section 26 T27N-R16E. Tax parcel # Town of Washington. Submitted by, Ken Capelle Steve Gueths Marlin Noffke Gene Hoppe Tom Kautza Planning, Development & Zoning Committee Vote: 5 Yes; 0 No; 0 Absent Legal Note: Requires majority vote of the County Board. Tony A. Kordus, Corporation Counsel Administrative/Fiscal Note: No fiscal impact. Brent R. Miller, Administrative Coordinator

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