COUNTY BOARD PROCEEDINGS N O V E M B E R 2 0, , 7 : 3 0 P. M. S E S S I O N

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1 COUNTY BOARD PROCEEDINGS N O V E M B E R 2 0, , 7 : 3 0 P. M. S E S S I O N The Dane County Board of Supervisors met pursuant to statute. Chair Kesterson called the meeting to order. County Clerk Parisi called the roll: PRESENT: Anderson, D. Blaska, M. Blaska, Bruskewitz, Cornwell, Eggert, Erickson, Fyrst, Graf, Hanson, Heiliger, Hendrick, Hitzemann, Hulsey, Lowe, Martz, Matano, McDonell, Mohrbacher, Nelson, O Loughlin, Olsen, Opitz, Richmond, Ripp, Rollins, Rusk, Salov, Schoer, Vedder, Wendt, Wiganowsky, Wilcox, and Kesterson. Supervisor Brown arrived after roll call. EXCUSED: McGuire and Pertzborn. Supervisor Graf offered an inspirational message and led the Pledge of Allegiance. SPECIAL MATTERS AND ANNOUNCEMENTS RES. 198, CONGRATULATING NASCAR CHAMPION MATT KENSETH WHEREAS Matt Kenseth, son of Roy and Nicki Kenseth, grew up in the Rockdale/Cambridge area in Dane County and showed a love of stock car racing at an early age, beginning his stock car racing career in 1988 at the young age of 16 and, as a high school junior, wining his first feature event in just his third race; and WHEREAS Matt first became a racing champion in Dane County, winning a track championship at Madison International Speedway in the Town of Rutland in Dane County in 1994 and then worked his way up through he ranks of stock car racing by going south in 1995 and winning races throughout the country in various racing series and finally capturing the Rookie of the Year award in NASCAR racing in 2000; and WHEREAS, in 2003, Matt Kenseth, driving the #17 DeWalt Power Tools car for Roush Racing, distinguished himself by climbing to the top of the stock car racing mountain by winning the Season Championship in the National Association for Stock Car Auto Racing the NASCAR Winston Cup Series; and WHEREAS Matt s crew includes four members from Dane County and Matt and his wife Katie still call Dane County home, and his fans and supporters are found throughout Dane County and especially in the Rockdale/Cambridge area; NOW, THEREFORE, BE IT RESOLVED that the Dane County Board of Supervisors hereby congratulates Dane County s own racing champion, Matt Kenseth, on his achievement in winning the NASCAR championship; and BE IT FURTHER RESOVLED that the Dane County Board of Supervisors, on behalf of all Dane County racing fans, wishes Matt the best of luck in his future racing endeavors and expresses its pride in Matt s accomplishments in the field of auto racing and as an ambassador of Dane County; and BE IT FINALLY RESOLVED that a copy of this resolution be presented to Matt Kenseth in recognition of his accomplishments and the esteem in which he is held by this Board. Moved by Supervisor Salov, seconded by Supervisor Fyrst, to adopt Res Motion carried. APPROVAL OF BILLS AND ACCOUNTS Claims Recommended for Approval We, the Personnel & Finance Committee, have examined the following bills which have been incurred in the operation of our County Departments. Inasmuch as the claims which cover the items purchased have been found reasonable and proper, we recommend that they be allowed by the Dane County Board. B R Amon & Sons-Asphaltic Concrete & Tack Coat-Highway...$49, Baker Road Seating & Restoration-Chair Alliant Energy Ctr...$111, Bobcat of Wisconsin-Bobcat Loader w/equipment-highway...$18, Brooks Tractor Inc.-Rental of Deere Wheel Loader-Public Works...$18, Cryotech-Deicer-Airport...$11,

2 Electric Construction Inc.-Electrical Labor-Alliant Energy Ctr...$26, Fischl Construction Corp.-Garage & Ofc Bldg & Salt Storage Bldg Repairs-Highway...$24, Frank Bros. Inc.-Asphaltic Tack Coat & Concrete-Highway...$13, Lakeside Oil Co.-Diesel Fuel & Unleaded Gasoline Purchases-Highway...$76, North American Salt Co.-Bulk Salt Purchases-Highway...$308, Payne & Dolan Inc.-Asphaltic Concrete Pavement Surface-Highway...$60, Regions IBS-Squad Service-Sheriff...$14, RSM McGladrey, Inc.-Consulting Services for Telecommuting Study-Highway...$21, US Postal Service-Postage Meter Refill-Printing & Services...$50, Wis Dept of Transportation-State Highway Projects-Highway...$116, Yahara Materials Inc.-Bulk Stone Purchases-Highway...$27, Subtotal...$948, B R Amon & Sons-Asphaltic Tack Coat & Concrete-Highway...$26, Band Box Cleaners & Laundry-October 2003 Services-Badger Prairie HCC...$10, Bob Barker Co., Inc.-400 Polyester Mattresses-Sheriff...$10, Dodge County Detention Facility-October Inmate Housing-Sheriff/Jail...$23, Domestic Abuse Intervention-October Legal Crisis Response-District Attorney...$11, Elsing Oil Co.-Gasoline & Fuel Oil Purchases-Highway...$14, ESRI-ArcInfo Floating License & ArcSDE for SQL Server-Land Information...$17, Frank Bros. Inc.-Asphaltic Concrete Binder, Surface & Tack Coat-Highway...$52, Hewlett-Packard Corp.-Universal Hard Drive Purchases-Information Management...$10, Jefferson County Sheriff-October Inmate Housing-Sheriff/Jail...$20, Madison, City of-september Recycling Rebate-Public Works/Solid Waste...$12, Neighborcare-Madison-Medical Care & Pharmacy-Badger Prairie HCC...$11, North American Salt Co.-Bulk Salt Purchases-Highway...$122, Northwestern Stone, Inc.-Crushed Stone Purchases-Highway...$37, Payne & Dolan, Inc.-Asphaltic Concrete Pavement, Surface-Highway...$72, Prison Health Services Inc.-Dec. Staffing & September Penalty Credit-Sheriff/Jail...$231, Waushara County Sheriff-October Inmate Housing-Sheriff/Jail...$50, Wis. Dept. of Administration-September 2003 Vehicles Leased-Parks...$13, Total... $1,698, carried. Moved by Supervisor O Loughlin, seconded by Supervisor Rusk, to adopt the above amended bills and accounts. Motion Claims Recommended for Denial Moved by Supervisor Mohrbacher, seconded by Supervisor O Loughlin, to deny the following claims. Motion carried. 1. Neal Comfort against Public Works - $ claims lock gate damaged boat 2. Elizabeth Futrell-Gross against Jail - $ claims personal property not returned 3. Theodore Johnson against Jail - $49 claims canteen credit missing-resolved 4. Jeffrey Miller against Jail - $130 claims lost clothing resolved 5. Brett Nardi against Highway - $1,000 claims road paint on car 6. Gary Olson against Highway - $2, claims vehicle damage from roadwork trench 7. Gordon Wanasek against Highways - $ claims dents to parked van APPROVAL OF PROCEEDINGS Moved by Supervisor Fyrst, seconded by Supervisor Cornwell, to adopt the Proceedings of the County Board meetings of October 2, 16, and 23, Motion carried. REPORTS ON ZONING PETITIONS PETITION ZONING CHANGE IN THE TOWN OF CHRISTIANA - ZONING ORD. AMDT Petition 8750 by Jonathan and Rachel Halverson to change the zoning from the A-1 EX Exclusive Agricultural district to the C-2 Commercial district on property located at 1320 East Church Road in part of the SE1/4 SE1/4 Section 30, Town of Christiana. The Zoning & Natural Resources Committee recommends that Petition 8750 be denied. Motion carried. 241

3 PETITION ZONING CHANGE IN THE TOWN OF MONTROSE - ZONING ORD. AMDT Petition 8789 by Michael Dix and Perry McCourtney to change the zoning from the A-1 EX Exclusive Agricultural district to the A-2 Agricultural district on property located at 1048 Severson Road in part of the N1/2 NW1/4 Section 13, Town of Montrose. The Zoning & Natural Resources Committee recommends that Petition 8789 be granted as modified and includes the condition that the Deed Restriction and the Deed Notice below be recorded within 90 days, and Zoning Ord. Amdt be adopted. Motion carried. Deed Restriction: 1. Deed restrict the 39+/- acre A-2 zoned property prohibiting more than one residence. Deed Notice: 1. Deed Notice the balance of the John & Cynthia Gehin et el property (parcel numbers , , , , , & ) stating that two splits from the original acre Catherine Gehin Trust farm were transferred to Michal Dix and Perry McCourtney ( parcel numbers & ). PETITION ZONING CHANGE IN THE TOWN OF ALBION - ZONING ORD. AMDT Petition 8791 by Melvin Wichter to change the zoning from the RH-1 Rural Homes and R-1A Residential districts to the R-1A Residential and RH-1 Rural Homes districts on property located at 271 Craig Road in part of the NE1/4 NE1/4 Section 14, Town of Albion. The Zoning & Natural Resources Committee recommends that Petition 8791 be granted as modified and includes the condition that a certified survey map be recorded within 90 days, and Zoning Ord. Amdt be adopted. Motion carried. PETITION ZONING CHANGE IN THE TOWN OF DUNKIRK - ZONING ORD. AMDT Petition 8799 by Thomas Fosdal and James Fosdal to change the zoning from the A-1 EX Exclusive Agricultural district to the RH-3 Rural Homes district on property located at 1858 CTH A in part of the SE1/4 SE1/4 Section 11, Town of Dunkirk. The Zoning & Natural Resources Committee recommends that Petition 8799 be granted as modified and includes the condition that a certified survey map and the Deed Notice below be recorded within 90 days, and Zoning Ord. Amdt be adopted. Motion carried. Deed Notice: 1. Deed Notice the balance of the property stating that no further residential development is permitted. PETITION ZONING CHANGE IN THE TOWN OF PLEASANT SPRINGS - ZONING ORD. AMDT Petition 8809 by Berdine and Theodore Kellnhofer to change the zoning from the A-1 EX Exclusive Agricultural district to the RH-1 Rural Homes district on property located west of 2660 Koshkonong Road in part of the SE1/4 SW1/4 Section 8, Town of Pleasant Springs. The Zoning & Natural Resources Committee recommends that Petition 8809 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 ALBION - ZONING ORD. AMDT Petition 8814, CUP 1861, by Edward Olson to change the zoning from the A-1 EX Exclusive Agricultural district to the A- 2(4) Agricultural district on property located at 588 STH 73 in part of the SW1/4 SW1/4 Section 23, Town of Albion. The Zoning & Natural Resources Committee recommends that Petition 8814 be granted and Zoning Ord. Amdt be adopted. Motion carried. PETITION ZONING CHANGE IN THE TOWN OF OREGON - ZONING ORD. AMDT Petition 8821 by Dan and Patricia Levine to change the zoning from the A-1 EX Exclusive Agricultural and RH-1 Rural Homes districts to the RH-1 Rural Homes, R-1A Residential, and A-1 EX Exclusive Agricultural districts on property located south of 6175 Oak Hollow Drive in part of the NW1/4, W1/2 NE1/4, E1/2 NW1/4, NE1/4 NW1/4, and SE1/4 - Section 7, Town of Oregon. Mark Hazelbaker, Madison, representing Dan Levine, spoke in support. Daniel Levine, Madison, registered in support. 242

4 The Zoning & Natural Resources Committee recommends that Petition 8821 be granted as modified and includes the condition that the Deed Notice and Deed Restrictions below be recorded within 90 days, and Zoning Ord. Amdt be adopted. Motion carried. Deed Notice: 1. Deed Notice the following lands stating that further residential development is prohibited and that the property cannot be subdivided: a. Those lands owner by Dan & Patrica Levine in the NW1/4, SE1/4, Section 7, T5N, R9E, Town of Oregon; b. Those lands owner by Dan & Patrica Levine in the NE1/4 SE1/4, Section 7, T5N, R9E, Town of Oregon; c. Those lands owner by Dan & Patrica Levine in the SW1/4, SE1/4, Section 7, T5N, R9E, Town of Oregon. Deed Restrictions: 1. Deed Restriction stating that the three lots contained in the CSM cannot be further subdivided. 2. Deed Restriction stating the land included in CSM cannot be subdivided into any more than four lots. 3. Deed Restriction stating that the following parcels cannot be further subdivided or have any residential development: a b c d e f PETITION ZONING CHANGE IN THE TOWN OF SPRINGFIELD - ZONING ORD. AMDT Petition 8824 by Roger and Maryellen Frey to change the zoning from the R-3A Residential and A-1 EX Exclusive Agricultural districts to the A-2(1) Agricultural district on property located at 7198 Riles Road in part of the SW1/4 NE1/4 Section 21, Town of Springfield. The Zoning & Natural Resources Committee recommends that Petition 8824 be granted as modified and includes the condition that the Deed Restrictions below be recorded within 90 days, and Zoning Ord. Amdt be adopted. Motion carried. Deed Restrictions: 1. Deed Restrict the property to exclusively allow only the permitted uses identified in Dane Co. Code of Ordinances (2)(d)(f)(g). 2. Deed restrict the property to prohibit the uses identified in Dane Co. Code of Ordinances (2)(a)(b)(c)(e)(h)(i). MOTIONS FROM PREVIOUS MEETINGS Moved by Supervisor Anderson, seconded by Supervisor Heiliger, to rescind action on Petition 8745, Town of Dunkirk, Elton & Luella Gunsolus. Motion carried. PETITION ZONING CHANGE IN THE TOWN OF DUNKIRK - ZONING ORD. AMDT Petition 8745 by Elton and Luella Gunsolus to change the zoning from the A-1 EX Exclusive Agricultural district to the RH-3 Rural Homes districts on property located at 2351 McComb Road in part of the NW1/4 NW1/4 Section 7, Town of Dunkirk. Moved by Supervisor Anderson, seconded by Supervisor Bruskewitz, to grant Petition 8745 as modified, including the Condition below and 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: The uninhabitable house must be removed from the property. Deed Restriction: 1. A Deed Restriction must be recorded prohibiting non-farm residential development on parcel number

5 Moved by Supervisor Cornwell, seconded by Supervisor Opitz, to rescind action on Res. 189, 03-04, Authorization to Borrow from the Commissioner of Public Lands for Purchase of Sheriff Department Vehicles. Motion carried. Moved by Supervisor Heiliger, seconded by Supervisor Hulsey, to adopt Sub. 1 to Res SUB. 1 TO RES. 189, AUTHORIZATION TO BORROW FROM THE COMMISSIONER OF PUBLIC LANDS FOR PURCHASE OF SHERIFF DEPARTMENT VEHICLES By the provisions of Sec (12) of the Wisconsin Statutes, all municipalities may borrow money for such purposes in the manner prescribed, and By the provisions of Chapter 24 of the Wisconsin Statutes, the Board of Commissioners of Public Lands of Wisconsin is authorized to make loans from the State Trust Funds to municipalities for such purposes. (Municipality as defined by Sec (2) of the Wisconsin Statutes means a town, village, city, county, public inland lake protection and rehabilitation district, town sanitary district created under Sec or 60.72, metropolitan sewerage district created under Sec or , joint sewerage system created under Sec (4), school district or technical college district). THEREFORE, BE IT RESOLVED, that the County of Dane, Wisconsin, borrow from the Trust Funds of the State of Wisconsin the sum of Five Hundred Thousand and 00/100 Dollars ($500,000) for the purpose of purchasing Sheriff Department vehicles for the county and for no other purpose. The loan is to be payable within 2 years from the 15th day of March preceding the date the loan is made. The loan will be repaid in annual installments with interest at the rate of 2.75 percent per annum from the date of making the loan to the 15th day of March next and thereafter annually as provided by law. RESOLVED FURTHER, that there shall be raised and there is levied upon all taxable property, within the County of Dane, Wisconsin, a direct annual tax for the purpose of paying interest and principal on the loan as they become due. RESOLVED FURTHER, that no money obtained by the County of Dane by such loan from the state be applied or paid out for any purpose except purchasing Sheriff Department vehicles for the county without the consent of the Board of Commissioners of Public Lands. RESOLVED FURTHER, that in case the Board of Commissioners of Public Lands of Wisconsin agrees to make the loan, that the chairman and clerk of the County of Dane, Wisconsin, are authorized and empowered, in the name of the county to execute and deliver to the Commission, certificates of indebtedness, in such form as required by the Commission, for any sum of money that may be loaned to the county pursuant to this resolution. The chairman and clerk of the county will perform all necessary actions to fully carry out the provisions of Chapter 24 and Sec (12), Wisconsin Statutes, and these resolutions. RESOLVED FURTHER, that this preamble and these resolutions and the aye and no vote by which they were adopted, be recorded, and that the clerk of this county forward this certified record, along with the application for the loan, to the Board of Commissioners of Public Lands of Wisconsin. The question before the Board was adoption of Sub. 1 to Res Roll call required: AYES: 34 Anderson, D. Blaska, M. Blaska, Brown, Bruskewitz, Cornwell, Eggert, Erickson, Fyrst, Graf, Heiliger, Hendrick, Hitzemann, Hulsey, Lowe, Martz, Matano, McDonell, Mohrbacher, Nelson, O Loughlin, Olsen, Opitz, Richmond, Ripp, Rollins, Rusk, Salov, Schoer, Vedder, Wendt, Wiganowsky, Wilcox, and Kesterson. NOES: 0 ABSENT: 3 Hanson, McGuire, and Pertzborn. Motion prevailed. ORDINANCES ORD. AMDT. 7, AMENDING CHAPTER 11 OF THE DANE COUNTY CODE OF ORDINANCES, PROVIDING FOR MINOR STRUCTURES IN THE SHORELAND SETBACK AREA The County Board of Supervisors of the County of Dane does ordain as follows: 244

6 ARTICLE 1. Unless otherwise expressly stated herein, all references to section and chapter numbers are those of the Dane County Code of Ordinances. ARTICLE 2. Section is amended to read as follows: DEFINITIONS. As used in this chapter, the following words and phrases have the meanings indicated. Words or phrases not specifically defined in this section shall have the meanings set forth in section (1) Board of Adjustment. The body established under section , Wisconsin Statutes, for counties and designated board of adjustment. (2) Boathouse. A permanent structure used for the storage of watercraft and associated materials and includes all structures which are totally enclosed, have roofs or walls or any combination of these structural parts. Human habitation of a boathouse is not permitted. (3) Channel. A channel is a natural or artificial watercourse with definite bed and banks to confine and conduct the normal flow of water. (4) County zoning agency. The Zoning and Natural Resources Committee of the Dane County Board of Supervisors. (5) Department of Natural Resources. The Department of Natural Resources of the State of Wisconsin. (6) Development. Any human-made change to improved or unimproved real estate including, but not limited to, construction of or additions or substantial improvements to buildings, other structures, or accessory uses, the placement of mobile homes, mining, dredging, filling, grading, paving, excavation or drilling operations, deposition of materials. (7) Drainage system. One or more artificial ditches, tile drains or similar devices which collect surface runoff or groundwater and convey it to a point of discharge. (8) Floodplain. The General Floodplain District as defined in section (9) Land Use. Any artificial change to improved or unimproved real estate including, but not limited to, the construction of buildings, structures or accessory structures; the construction of additions or substantial improvements to buildings, structures or accessory structures; the placement of buildings or structures; mining, dredging, filling, grading, paving, excavation or drilling operations; and the storage, deposition or extraction of materials, and the installation or construction of public or private sewage disposal systems or water supply facilities. (10) Marina fuel system tank. A permanent above-ground structure, not to exceed 8,000 gallon capacity, designed to contain Class I or II liquids for dispensation into the tanks of self-propelled marine craft and marina equipment used in the ordinary course of business of that marina and located on a lot occupied by a legally permitted marina as defined in section 10.01(36h). (11) Navigable waters. As used in this chapter, navigable waters has the meaning set forth in s , Wis. Stats. (12) Non-conforming structure. An existing lawful structure or building which is not in conformity with the provisions of the applicable zoning ordinance for the area which it occupies. (13) Non-conforming use. A lawful use that existed prior to adoption of a zoning ordinance which restricts or prohibits said use. (14) Ordinary high-water mark means the point on the bank or shore up to which the presence and action of surface water is so continuous as to leave a distinctive mark such as by erosion, destruction or prevention of terrestrial vegetation, predominance of aquatic vegetation, or other easily recognized characteristics. (15) Inland-wetlands. These wetlands include all wetlands located throughout unincorporated Dane County that are not within the county shoreland district, i.e., not located within 1,000 feet from the ordinary high-water mark of navigable lakes, ponds or flowages, and also not located within 300 feet of the ordinary high-water mark or landward side of the flood plain of the navigable reaches of rivers and streams. (16) Shoreland means the land area within the shoreland district as defined by s (5) of this ordinance. (17) Structure. Any human-made object with form, shape and utility, either permanently or temporarily attached to or placed upon the ground, river bed, stream bed or lakebed. (18) Wetlands means those areas where water is at, near or above the land surface long enough to be capable of supporting aquatic or hydrophytic vegetation and which have soils indicative of wet conditions. ARTICLE 3. Section 11.03(1) is amended to read as follows: SHORELAND REGULATIONS. (1) Building Lots: Lots located in shoreland areas shall meet all area, width, density and lot coverage standards required in section 10.05(4) and (5), R-1 residence district, section 10.16(3), general provisions and exceptions of chapter 10 of the Dane County Code of Ordinances. ARTICLE 4. Section 11.03(5) is created to read as follows: (5) Minor Structures. Notwithstanding the provisions of sub. (2), minor structures shall be permitted within the shoreland setback area provided all of the following conditions are met: (a) The proposed minor structure has no sides or has open or screened sides and meets all other dimensional and setback requirements of this ordinance and Chapter 10. (b) The part of the structure that is nearest the water is located at least 35 feet landward from the ordinary high-water mark of any navigable water. (c) The total floor area of all structures on the property, including the proposed minor structure, within the shoreland setback area does not exceed 200 square feet. In calculating this square footage, legally permitted boathouses shall be excluded. (d) The applicant has obtained all other necessary approvals required for construction of the minor structure including, but not limited to: 245

7 1. filling and grading permits under section 11.05; 2. wetland rezoning petitions under section 11.06; 3. erosion control and stormwater control permits under chapter 14; 4. wetland fill permits required by the U.S. Army Corps of Engineers or the Department of Natural Resources; 5. Chapter 30 permits from the Department of Natural Resources; and 6. town building permits. (e) The zoning administrator approves a plan to preserve, restore or establish a permanent buffer of vegetation for the site which: 1. meets all purposes and dimensional requirements of section within 2 years; 2. includes only species of vegetation native to South Central Wisconsin and ecologically adapted to the conditions of the site which are on a list approved by the Dane County Land Conservation Department. (f) The zoning administrator shall not issue certificates of compliance for projects permitted under this section until an inspection determines that all elements of the approved vegetative buffer plan have been implemented. ARTICLE 5. Section is amended to read as follows: SHORE COVER. (1) Purpose. To maintain trees and shrubbery in the shoreland areas for protection of scenic beauty, control erosion and reduce effluent and nutrient flow from the shoreland. These provisions shall not apply to the removal of dead, diseased or dying trees or shrubbery or to silvicultural thinning upon recommendation of a forester. (2) Shoreline cutting. Tree and shrubbery cutting in a strip paralleling the shoreline and extending 37.5 feet inland from all points along the ordinary high-water mark of the shoreline shall be limited in accordance with the following provisions: (a) No more than 30 feet in any 100 feet, as measured along the ordinary high-water mark, may be clear cut to the depth of the 37.5 foot strip. (b) Natural shrubbery shall be preserved as far as practicable and, where removed, it shall be replaced with other vegetation that is equally effective in retarding runoff, preventing erosion and preserving natural beauty. (3) Alternate cutting. A special cutting plan allowing greater cutting may be permitted by the board of adjustment by issuance of a special exception permit under section 10.26(6)(b). In applying for such a permit, the board shall require the lot owner to submit a sketch of his or her lot, including the following information: location of parking, gradient of the land, existing vegetation, proposed cutting and proposed replanting. The board may grant such a permit only if it finds that such special cutting plans will not cause undue erosion or destruction of scenic beauty and will provide substantial shielding, from the water, of swellings, accessory structures and parking areas. Where the plan calls for replacement plantings, the board may require the submission of a bond which guarantees the performance of the planned tree or shrubbery planting by the lot owner. (4) Paths. Any path, road or passage within the 37.5 foot strip shall be constructed and surfaced as to effectively control erosion. (5) Cutting more than 37.5 feet inland. From the inland edge of the 37.5 foot strip to the outer limits of the shoreland, the cutting of trees and shrubbery shall be allowed when accomplished using accepted forest management practices and sound soil conservation practices which protect water quality. ARTICLE 6. 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. (4) 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. (5) 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. Zoning & Natural Resources, Public Protection & Judiciary, and Land Conservation Committees and Lakes & Watershed Commission recommend adoption of Ord. Amdt. 7. Motion carried. 246

8 ORD. AMDT. 12, AMENDING CHAPTER 47 OF THE DANE COUNTY CODE OF ORDINANCES, PROHIBITING THE INTENTIONAL FEEDING OF WILD DEER 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 is created to read as follows: FEEDING OF DEER PROHIBITED. (1) No person shall intentionally feed wild deer in Dane County. (2) This section shall not apply to standing or stored crops not intentionally made available to wild deer. This section shall also not apply to captive deer located on deer farms. ARTICLE 3. Section 47.51(12) is amended to read as follows: (12) Any person who violates sections 47.42(1) of this ordinance shall forfeit not less than $ nor more than $ ARTICLE 4. NON-CODE PROVISION. The amendments made by Articles 2 and 3 shall expire on September 1, 2005, unless extended prior to that date. Zoning & Natural Resources and Public Protection & Judiciary Committees and Task Force on Chronic Wasting Disease recommend adoption of Ord. Amdt. 12. Roll call requested: AYES: 23 Brown, Cornwell, Eggert, Erickson, Fyrst, Graf, Hendrick, Hulsey, Lowe, Matano, McDonell, Nelson, O Loughlin, Olsen, Opitz, Richmond, Ripp, Rollins, Rusk, Salov, Vedder, Wilcox, and Kesterson. NOES: 11 Anderson, D. Blaska, M. Blaska, Bruskewitz, Heiliger, Hitzemann, Martz, Mohrbacher, Schoer, Wendt, and Wiganowsky. ABSENT: 3 Hanson, McGuire, and Pertzborn. Motion prevailed. ORD. AMDT. 21, AMENDING CHAPTER 79 OF THE DANE COUNTY CODE OF ORDINANCES, INCREASING HIGHWAY PERMIT FEES & FORFEITURES 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 is amended to read as follows: PENALTIES. (1) Any person violating any provision of this chapter shall forfeit not less than $50 nor more than $200 for each day that a violation exists. Each day that a violation exists shall constitute a separate offense. ARTICLE 3. Section (4) is amended to read as follows: (4) If the person subject to the order shall refuse to comply with the order, the department may request the corporation counsel to seek a court order allowing the department to remove the alteration and billing the costs thereof to the landowner. In addition to such relief, any person violating the removal order shall forfeit not less than $50 nor more than $200 for each day of refusal or neglect to obey any such order beyond the date set forth in the order or the date the notice was actually or constructively received, whichever is later. ARTICLE 4. Section is amended to read as follows: CONTROLLED ACCESS HIGHWAYS FEES. [intro.] The department shall collect fees for connections to controlled access highways according to the following schedule: (1)For a permit to construct a temporary access, $100. (2)For a permit to construct an access to agricultural lands, $100. (3)For a permit to construct an access to a single family residential dwelling site, $100. (4)For a permit to construct an access to a multi-family residential dwelling site, $200. (5)For a permit to construct an access to a projected commercial site, with an ADT of less than 100, $200. (6)For a permit to construct an access to a projected commercial site, with an ADT of 100 but less than 1,000, $500. (7)For a permit to construct an access to a projected commercial site, with an ADT of 1,000 or more, $1,

9 (8)For a permit to construct an access consisting of a public street or road, $1,000. (9)For a permit to construct an access consisting of a private street or road, $1,000. (10)For a permit to engage in miscellaneous work in a highway right-of-way, $40. (11)For a permit to engage in public utility work in a highway right-of-way, $50. (12)For a permit to bore in a highway right-of-way, the fee set forth in sub. (11) and, in addition thereto, $40 for each boring. (13)For a permit to make an open cut, crossing pavement in highway right-of-way, the fee set forth in sub. (11) and, in addition thereto, $200 for each cut. (14)For a permit to trench in a highway right-of-way, the fee set forth in sub. (11) and, in addition thereto, $100 for each 1,000 feet or fraction thereof in excess of 1,320 feet. (15)For a permit to construct or place a vault or other structure in a highway right-of-way, the fee set forth in sub. (11) and, in addition thereto, $100 for each vault or other structure. (16)For a permit to construct improvements at an intersection with a highway, $1,000. (17)For issuance of an overweight or oversize vehicle load permit on a single trip basis, $60. (18)For issuance of an overweight or oversize vehicle load permit on a multiple trip, calendar year basis, $200. ARTICLE 6. Section is amended to read as follows: GENERAL ACCESS HIGHWAY FEES. [intro.] The department shall collect fees according to the following schedule: (1) For a permit to construct a temporary access, $70. (2) For a permit to construct an access to agricultural lands, $70. (3) For a permit to construct an access to a single-family residential dwelling site, $70. (4) For a permit to construct an access to a multi-family residential dwelling site, $200. (5) For a permit to construct an access to a projected commercial site, with an ADT of less than 100, $200. (6) For a permit to construct an access to a projected commercial site, with an ADT of 100 but less than 1,000, $500. (7) For a permit to construct an access to a projected commercial site, with an ADT of 1,000 or more, $1,000. (8) For a permit to construct an access consisting of a public street or road, $1,000. (9) For a permit to construct an access consisting of a private street or road, $1,000. (10) For a permit to construct an access not otherwise specified, in a highway right-of-way, $40. ARTICLE 7. NON-CODE PROVISION. The amendment(s) made by Articles 2 through 6, inclusive, shall first take effect on the day after publication of this adopted amendment or January 1, 2004, whichever comes later. Transportation, Personnel & Finance, and Public Protection & Judiciary Committees recommend adoption of Ord. Amdt. 21. Roll call requested: AYES: 30 D. Blaska, M. Blaska, Brown, Bruskewitz, Cornwell, Eggert, Erickson, Fyrst, Graf, Heiliger, Hendrick, Hulsey, Lowe, Martz, Matano, McDonell, Mohrbacher, Nelson, O Loughlin, Olsen, Opitz, Richmond, Rollins, Rusk, Salov, Schoer, Vedder, Wiganowsky, Wilcox, and Kesterson. NOES: 4 Anderson, Hitzemann, Ripp, and Wendt. ABSENT: 3 Hanson, McGuire, and Pertzborn. Motion prevailed. ORD. AMDT. 23, AMENDING CHAPTER 16 OF THE DANE COUNTY CODE OF ORDINANCES, ADJUSTING CORONER S FEES The County Board of Supervisors of the County of Dane does ordain as follows: ARTICLE 1. Section of the Dane County Code of Ordinances is amended to read as follows: CORONER; FEES FOR CERTAIN SERVICES. (1) Pursuant to section 59.36, Wis. Stats., the Dane County Coroner is authorized to charge a fee of $150 for services rendered in connection with cremation certificates. ARTICLE 2. NON-CODE PROVISION. The provisions of Article 1 shall first be applied to the requests for certificates received on and after the date of (a) the day after the date of publication of this ordinance amendment or (b) January 1, Personnel & Finance and Public Protection & Judiciary Committees recommend adoption of Ord. Amdt. 23. Motion carried. 248

10 ORD. AMDT. 24, AMENDING CHAPTER 62 OF THE DANE COUNTY CODE OF ORDINANCES, MARRIAGE LICENSE FEE Executive, Personnel & Finance, and Public Protection & Judiciary Committees recommend adoption of Sub. 1 to Ord. Amdt. 24. SUB. 1 TO ORD. AMDT. 24, AMENDING CHAPTER 62 OF THE DANE COUNTY CODE OF ORDINANCES, MARRIAGE LICENSE FEE 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 of the Dane County Code of Ordinances is amended to read as follows: MARRIAGE LICENSE FEES. Pursuant to sec , Wis. Stats., , the clerk shall collect a supplementary fee of $65.00 in addition to the statutory fee for marriage licenses, which fee shall be in addition to the fee for any waiver requested and which shall be in addition to the fee for any waiver requested and which shall be retained by the county. The question before the Board was adoption of Sub. 1 to Ord. Amdt. 24. Motion carried. ORD. AMDT. 25, AMENDING CHAPTER 62 OF THE DANE COUNTY CODE OF ORDINANCES, IMPOSING A COUNTY VEHICLE REGISTRATION FEE The following registered in support of Ord. Amdt. 25: Brahnii Dunis, Madison. Karen Gussert, Madison Melissa Andreas, Brooklyn Annie Maffet, Madison Jennifer Draeger, Madison Marge Maffet, Madison Suzanne Hanson, Sun Prairie Susan Shnenck, Sun Prairie Sue Hoff, Madison Deb Spees, Madison Holly Hiles, Madison David Hoesly Josh Martin, Fitchburg Bill Landroth, Madison Jeff Wulf, Madison Personnel & Finance and Public Protection & Judiciary Committees recommend denial of Ord. Amdt. 25. Motion carried. AWARD OF CONTRACTS RES. 177, ALLIANT ENERGY CENTER OF DANE COUNTY LEASE WITH MGE CONSTRUCT, LLC Moved by Supervisor Ripp, seconded by Supervisor Cornwell, to substitute Sub. 1 to Res. 177 for Res Motion carried with Supervisor Mohrbacher abstaining. SUB. 1 TO RES. 177, ALLIANT ENERGY CENTER OF DANE COUNTY LEASE WITH MGE CONSTRUCT, LLC MGE Construct is in the process of building a cogeneration power facility on the UW campus. Due to limited parking in the area MGE Construct has negotiated a lease for parking at the Alliant Energy Center from December 2003 to May 2004, at which time the Center may extend the lease on a month-to-month basis. The number of cars will vary over this time with a 249

11 maximum estimated at 500 cars and a minimum of 50 cars. It is estimated that this lease will provide an average of $2,600 per month to the Center over the 19-month term. NOW, THEREFORE, BE IT RESOLVED that the lease with MGE Construct, LLC, PO Box 1231, Madison, WI , from December 1, 2003 to May 31, 2005 for parking vehicles at the Alliant Energy Center is hereby approved. BE IT FINALLY RESOLVED that the County Executive and County Clerk are authorized to sign the approved lease. The question before the Board was adoption of Sub. 1 to Res Motion carried with Supervisor Mohrbacher abstaining. ADJOURNMENT Moved by Supervisor Opitz, seconded by Supervisor Cornwell, to adjourn to Thursday, December 4, 2003, at 7:30 p.m., or at the call of the Chair. Motion carried at 8:27 p.m. Subsequent to adjournment, the following matters were referred by Chair Kesterson: Ord. Amdt. 27, Amending Ch. 67, Airport Landing Fees. Submitted by Supervisors O Loughlin, Rusk, Lowe, and M. Blaska. Referred to PERSONNEL/FINANCE, PUBLIC PROTECTION/JUDICIARY, and PUBLIC WORKS/FACILITIES MANAGEMENT. Ord. Amdt. 28, Amending Ch. 62, Establishing Fees for Family Court Counseling Services. Submitted by Supervisors O Loughlin, Bruskewitz, and D. Blaska. Referred to PERSONNEL/FINANCE and PUBLIC PROTECTION/ JUDICIARY. Res. 201, Authorizing Purchase of Services Agreement for GIS Implementation Planning for the 911 Center. Submitted by Supervisors O Loughlin, Bruskewitz, and D. Blaska. Referred to PERSONNEL/FINANCE and PUBLIC PROTECTION/JUDICIARY. Res. 202, Authorizing an Increase in Revenue and Expenditures for the Land Acquisition Program. Submitted by Supervisors Lowe, Mohrbacher, and Salov. Referred to PERSONNEL/FINANCE and PUBLIC WORKS/FACILITIES MANAGEMENT. (PARKS recommended adoption on 11/12/03.) Res. 203, Award of Contract for Septic System for Springfield Garage Project. Submitted by Supervisors Ripp, Matano, and D. Blaska. Referred to PERSONNEL/FINANCE, PUBLIC WORKS/FACILITIES MANAGEMENT, and TRANSPORTATION. Res. 204, Authorizing Additional Funds for LaFollette, Godfrey & Kahn. Submitted by Supervisor McDonell. Referred to PERSONNEL/FINANCE. Res. 205, Authorizing Purchase of Insurance. Submitted by Supervisor McDonell. Referred to PERSONNEL/FINANCE. Res. 206, Adjusting Revenue and Expenditure Lines and Amending a Professional Service Contract Department of Human Services-CYF Division Crisis Stabilization Oversight. Submitted by Supervisors Wilcox, Eggert, Vedder, Martz, Wiganowsky, and Salov. Referred to PERSONNEL/FINANCE and HEALTH/HUMAN NEEDS. Res. 207, Adjusting Revenue and Expenditure Lines and Amending a Professional Service Contract Department of Human Services-CYF Division Positive Behavior Support Teams. Submitted by Supervisors Wilcox, Eggert, Vedder, Martz, Wiganowsky, and Salov. Referred to PERSONNEL/FINANCE and HEALTH/HUMAN NEEDS. Res. 208, Adjusting Revenue and Expenditure Lines Department of Human Services-CYF Division. Submitted by Supervisors Wilcox, Eggert, Vedder, Fyrst, Martz, Wiganowsky, and Salov. Referred to PERSONNEL/FINANCE and HEALTH/HUMAN NEEDS. Res. 209, Accepting Additional 2003 Grant Funds and Amending a Professional Service Contract Department of Human Services-CYF Division. Submitted by Supervisors Wilcox, Eggert, Vedder, Fyrst, Martz, Wiganowsky, and Salov. Referred to PERSONNEL/FINANCE and HEALTH/HUMAN NEEDS. Res. 210, Awarding 2004 Purchase of Professional Service Contracts and Increasing Medicaid Revenue in the Budget of the Department of Human Services. Submitted by Supervisors Wilcox, Eggert, Vedder, Martz, Wiganowsky, and Salov. Referred to PERSONNEL/FINANCE and HEALTH/HUMAN NEEDS. Res. 211, Adjusting Revenue Lines Department of Human Services CYF Division. Submitted by Supervisors Wilcox, Eggert, Vedder, Fyrst, Martz, Wiganowsky, and Salov. Referred to PERSONNEL/FINANCE and HEALTH/HUMAN NEEDS. Res. 212, Amending the Dane County Farmland Preservation Plan by Adopting Amendments to the Town of Cross Plains Land Use Plan. Submitted by Supervisor Wendt. Referred to ZONING/NATURAL RESOURCES. Notice of Violation/Notice of Claim Enforcement Conference against D. C. Landfill from WDNR. Referred to PUBLIC PROTECTION/JUDICIARY. Claim from Avis/Midwestern Wheels, Inc., against Airport claims vehicle damaged in ramp by falling concrete. Referred to PUBLIC PROTECTION/JUDICIARY. Claim from Eric Schroeder against Highways claims vehicle damaged by roadside mower. Referred to PUBLIC PROTECTION/JUDICIARY. Writ of Certiorari, Order, and Petition for Writ of Certiorari, Donna S. Ring vs. Wis. Retirement Board, Dept. of Employee Trust Funds, and Dane County, Case #03CV3419. Referred to PUBLIC PROTECTION/JUDICIARY. Clark Co. Res. # , Supporting Federal Legislation to Strengthen the Buy American Act. Referred to EXECUTIVE. 250

12 Eau Claire Co. Res #03-04/171, Supporting AB433 Regarding State Mandates. Referred to EXECUTIVE. Adams Co. Communication regarding AB486 and SB246. Referred to EXECUTIVE. Jackson Co. Res. # , Opposing Modifications to Property Tax Payment System. Referred to EXECUTIVE. LaCrosse Co. Res. #95-11/03, Opposing Modifications to Property Tax Payment System. Referred to EXECUTIVE. Racine Co. Res. # S, As king Gov. Doyle and the State Legislature to Examine and Study the Entire Taxing, Fees and Revenue Raising Activities of the State and Local Governments. Referred to EXECUTIVE. Petitions for Zoning Reclassification. Referred by Clerk Parisi to ZONING & NATURAL RESOURCES. Petition 8845 Town of Berry Daniel J. & Catherine A. Hovey 8846 Town of Windsor Dale Garczynski 8847 Town of Vienna Gene & Veronica Hollman 8848 Town of Christiana Robert Johnson 8849 Town of Christiana Merton Graffin 8850 Town of Vienna Nature Valley Conservancy Neighborhood, LLC 8851 Towns of Blue Mounds and Vermont Mark & Sharon Nortman & William & Sheryl Batten 8852 Town of Albion Scott & Julie Mickelson 8853 Town of Black Earth Jos eph Van Ruyven 8854 Town of Dunkirk Gregory Sundby 8855 Town of Christiana Vasby Farms & Kathy Andree 8856 Town of Primrose Donald & Marian Beghin 8857 Town of Black Earth John Schlick 8858 Town of Blue Mounds Theodore Landmark 8859 Town of Cottage Grove Silvin & Rosemary Kurt 8860 Town of Berry Kendall & Kay Kahl 8861 Town of Rutland Dale & Claudia Richardson 8862 Town of Windsor Cornelius Ryan 8863 Town of Cottage Grove Mary Showers Farm Partnership 8864 Town of Deerfield Tomas & Susan Nelson 8865 Town of Rutland Norma Winch 8866 Town of Mazomanie James R. Rhodes 8867 Town of Bristol Steve Knaus Communication from the County Clerk regarding effective dates for various zoning ordinance amendments: Amendment 8551 Town of Albion April 23, Town of Albion October 7, Town of Berry WITHDRAWN 8393 Town of Berry July 10, Town of Berry October 23, Town of Black Earth November 4, Town of Black Earth March 5, Town of Black Earth January 21, Town of Black Earth NULL & VOID 8585 Town of Blooming Grove February 6, Town of Blooming Grove November 1 4, Town of Blue Mounds October 10, Towns of Blue Mounds & Vermont December 23, Town of Blue Mounds May 14, Town of Blue Mounds April 24, Town of Bristol May 5, Town of Christiana May 14, Town of Christiana January 7, Town of Christiana November 14, Town of Christiana November 13, Town of Cottage Grove January 15, Town of Cottage Grove February 13, Town of Cottage Grove February 7, Town of Cottage Grove September 9, Town of Cottage Grove May 5, Town of Cottage Grove June 30, Town of Cottage Grove September 12, Town of Cottage Grove - WITHDRAWN 8562 Town of Cross Plains January 27, Town of Cross Plains June 2, Town of Cross Plains June 12, Town of Cross Plains July 8,

13 8685 Town of Cross Plains June 12, Town of Cross Plains September 25, Town of Dane December 27, Town of Dane NULL & VOID 8621 Town of Dane June 2, Town of Dane NULL & VOID 8721 Town of Dane September 16, Town of Deerfield NULL & VOID 8631 Town of Deerfield March 27, Town of Deerfield September 9, Town of Dunkirk October 27, Town of Dunkirk October 20, Town of Dunn July 1, Town of Dunn March 5, Town of Madison January 28, Town of Mazomanie January 13, Town of Mazomanie January 13, Town of Mazomanie January 6, Town of Mazomanie June 3, Town of Mazomanie August 11, Town of Medina November 22, Town of Medina June 12, Town of Medina August 7, Town of Montrose November 15, Town of Montrose November 13, Town of Oregon October 11, Town of Oregon December 23, Town of Oregon April 24, Town of Oregon April 23, Town of Oregon April 3, Town of Oregon October 24, Town of Oregon August 20, Town of Perry May 10, Town of Perry September 12, Town of Perry June 13, Town of Perry - WITHDRAWN 8605 Town of Pleasant Springs April 22, Town of Roxbury October 24, Town of Roxbury December 16, Town of Roxbury June 12, Town of Rutland October 16, Town of Rutland January 21, Town of Rutland January 22, Town of Rutland February 12, Town of Rutland October 16, Town of Springdale May 9, Town of Springfield December 13, Town of Springfield May 29, Town of Springfield August 5, Town of Springfield October 3, Town of Sun Prairie NULL & VOID 8796 Town of Sun Prairie October 14, Town of Vermont May 15, Town of Vermont November 14, Town of Verona August 6, Town of Windsor May 23, Town of Windsor November 14, Town of Windsor November 14, Town of York May 29,