** MINUTES ** * * OUTAGAMIE COUNTY BOARD * *

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1 ** MINUTES ** * * OUTAGAMIE COUNTY BOARD * * Office of the County Clerk, September 24, The Board met pursuant to adjournment, and was called to order by Chairperson Schuette at 6:30 p.m. in the County Board Room, located at 410 South Walnut Street, Appleton, Wisconsin. ROLL CALL: 35 present, 1 absent. Members present: Rabec, Nagler, Schmidt, Patience, Iverson, Mahan, Hammen, Krueger, Trentlage, Karl, L. DeGroot, Van Asten, D. De Groot, VandenHeuvel, Lemanski, Groat, Gosse, Stueck, Thomas, Thyssen, Hagen, Paltzer, Pleuss, Nooyen, Duncan, Culbertson, Sturn, Buchman, Griesbach, Thern, Rahmlow, Austin, Rettler, Schuette, Anthony. Member absent: McDaniel. Board Chairperson Schuette requested the Board's confirmation to excuse Supervisor McDaniel. No objections; so ordered. The Pledge of Allegiance was offered by Chairperson Schuette. MINUTES OF SEPTEMBER 10, 2013 Supervisor Paltzer moved, seconded by Supervisor L. DeGroot, to approve the minutes of the September 10, 2013, County Board meeting. ROLL CALL: 34 aye, 1 abstain, 1 absent. MINUTES OF THE SEPTEMBER 10, 2013, BOARD MEETING ARE APPROVED. Chairperson Schuette requested unanimous consent to allow County Executive Nelson to make his report now due to a funeral he would like to attend. No objections, so ordered. REPORT BY THE COUNTY EXECUTIVE County Executive Thomas Nelson congratulated Supervisors Josh Karl (September 24), Carl Anthony (September 26), Travis Thyssen (September 30), and LeRoy Van Asten (October 1) on their birthdays. A round of applause was given. County Executive Thomas Nelson reported the following: Finance Staff is working diligently on back pay calculations for union employees, following the Board s ratification of the contract with the 1.25 percent salary adjustment. Health & Human Services Staff continues preparations to assist individuals once the enrollment period for coverage under the Affordable Care Act insurance marketplace begins on October 1. The state is sending out letters to individuals who will no longer be eligible for BadgerCare and will have to navigate the new marketplace. Airport During the Special Order of Business tonight, Abe Weber will report on a number of lease issues at the airport designed to position the county for future economic development at the airport. New restaurant build-out should be completed soon, and a grand opening will be scheduled in October. The grand opening of the new General Aviation terminal is scheduled for October 15. Clerk of Courts Courtroom security training was conducted this week by two Dane County security professionals. The training was open to all Courthouse staff members who work with the courts. A number of suggestions on security improvements were made and will be brought forward to the Security Committee. Maintenance Asbestos abatement work on the former St. Joe s property will begin this week. For the demolition of the structure, there is a mandatory walk through scheduled for October 9 with bids due October 16.

2 September 24, 2013 County Board Minutes Page 2 Parks Plamann Park continues to be very busy with cross county, fall baseball, Frisbee golf, and other activities. About $4,500 was raised for dog park improvements at the annual Fill the Bowl fundraiser. Planning Director Mike Hendrick held a meeting Monday with members of the Outagamie County Loan Committee to discuss the creation of a new Outagamie County Business Loan fund. The proposal will come forward through the Property Committee. Resolutions Executive Nelson urged board members to support both administrative rule proposals in order to attract and retain a competitive workforce. Nelson believes that the county s benefits package remains the sole competitive edge compared to the private sector and other entities that the county competes with for the same talent pool. The first administrative rule amendment encompasses three policies regarding modifications to sick leave policy, the voluntary shared leave plan, and tuition reimbursement funds for smaller departments. The Benefits Committee forwarded their recommendations to save money for the county and incentivize long-term employment. The second proposed administrative rule allows employees in committed relationships, who cannot marry their loved ones, to access the same benefits married employees enjoy. In Wisconsin 300 private companies and 26 public entities offer registered domestic partner benefits. Two area public entities that have extended benefits include the City of Appleton and Appleton Area School District. Both experienced little to no bottom line financial impact. Executive Nelson thanked the Benefits Committee for their hard work. A question and answer period followed. Executive Nelson was questioned whether domestic partner benefits were offered at the state level, to which Executive Nelson responded yes. SPECIAL ORDER OF BUSINESS Interim Airport Manager Abe Weber, and Airport Finance and Administration Manager Katie Horan presented a PowerPoint regarding various leases at the Airport. In the presentation, Mr. Weber stated that the Airport is an economic driver for the community and that message will continue to be given to the public for growth. Weber used a map of the Airport to point out various hangers (Executive Hanger, former Kimberly Clark hanger which was recently purchased by the Airport and will be relocated to the south side, Gulfstream Central, Airport Terminal, former Fixed Based Operator, Gulfstream South, new Fixed Based Operator, common storage hanger, and a pad for the future KC hanger). Weber reported that Gulfstream has a desire for more space. The Airport would like to provide for Gulfstream s needed lease, hanger, and ramp space needs. That provision will conform to the Airport s Master Plan and creates an overall campus for Gulfstream. Two tenants currently lease space in the Executive Hanger Bemis and Maxair Charter. Bemis will move into the former KC Hanger on the south side, and Maxair Charter will move into the former Fixed Based Operator hanger. When the lease amendment is complete, Maxair Charter will pay off their loan to the Airport and fully occupy the Fixed Based Operator hanger. Additionally, the contract extension will include fixed costs and switch the responsibility of maintenance on the equipment to Maxair Charter. Gulfstream is anxious to move into the new facility, which will be presented to the County Board at their next meeting. All current changes at the Airport comply with the three core principles: remaining self sufficient by way of diversifying revenue stream, providing necessary space for potential expansion, and increasing the size and operation of the Airport.

3 September 24, 2013 County Board Minutes Page 3 ESTABLISH ORDER OF THE DAY Supervisor Pleuss requested that Resolution 64 be moved to the first item of New Business. Supervisor Mahan then requested that Resolution 64 be held in committee. Supervisor Hagen stated that Resolution 64 has been held in the Legislative/Audit and Human Resources Committee for 60 days and requested clarification on whether or not it has to come out of committee. Corporation Counsel Joe Guidote stated that Resolution 64 has been in committee for 60 days and that it should be voted on tonight or tabled. Supervisor Nagler moved, seconded by Supervisor Trentlage, to table Resolution 64. ROLL CALL to table: 13 aye, 22 nay, 1 absent. RESOLUTION IS NOT TABLED. Supervisor Pleuss again requested that Resolution 64 be moved to the first item of New Business. No objections, so ordered. Supervisor Mahan requested that Resolution 63 be moved to the second item of New Business. No objections, so ordered. Supervisor Culbertson requested that Resolution 53 be held in committee. No objections, so ordered. RESOLUTION IS HELD IN COMMITTEE. COMMUNICATIONS Communication Referral List Included in the packet. Supervisor Rabec reported that the next Glory Honor Flight will take place on October 17, and supervisors interested in volunteering should contact the Airport office. PUBLIC PARTICIPATION FOR A PERIOD OF FIFTEEN MINUTES (PERTINENT TO THE RESOLUTIONS OF THE DAY) Neil Rainford, AFSCME union representative of employees for Brewster Village (980), Highway (455), Justice Center, and Local 2046 and 2416, expressed his concerns for Resolutions 63 and 64. Mr. Rainford stated that employees asked for a compromise and acceptance of the process was denied. The domestic partner benefit resolution did not go through the Legislative/Audit & Human Resources Committee. The sick leave payout proposal is not equal for all employees in that AS&P employees will be paid out 50 percent of their sick leave when they terminate employment and this is not offered to all employees, which goes against the goal of the county to be able to attract and retain the highest quality employees. Eric Fowle, Executive Director of East Central Wisconsin Regional Planning Commission, spoke in favor of Resolutions 66 and 67 which pertains to the $23 million in storm damage that was caused by the August 7 storms. Staff members of East Central have been working with the Village of Hortonville officials, which was one of the hardest hit communities, on a comprehensive plan update. East Central also developed a plan to help other entities that were affected by storm damage by preparing a grant application that would provide $465,000 toward low income residential property repair.

4 September 24, 2013 County Board Minutes Page 4 Alan Lawrence, citizen, spoke in favor of Resolution 67, stating that Governor Walker has rejected federal monies for Medicaid which would have improved the BadgerCare system and will add to costs by reducing services. Mr. Lawrence urged the County Board to add their name to the growing list of county boards and organizations calling for the Scott Walker Administration to accept federal funding for BadgerCare. Chairperson Schuette stated that the 15 minutes allowed for public participation is nearly expired, and she was extending the time by an additional 15 minutes. Cathy Thompson, local ACA mobilize, spoke in favor of Resolution 67. She is working with several organizations and health officials throughout the county to make the Affordable Care Act work given the fact that a Medicaid extension was not given. Thompson reported the Wisconsin legislature funded $32.5 million in the budget to help offset hospital costs, which totaled $1.2 billion in Residents, who do not have health care, have to go without annual screenings, which can lead to worse problems for them down the road and places continual financial burden on hospitals. Richard Schoenbohm, citizen/business owner, spoke in favor of Resolution 67, stating that accepting federal Medicaid funding will help Outagamie County. Without the funding, 2,812 county residents will be removed from BadgerCare, which does not include the 4,190 who are already denied and underinsured. There could potentially be thousands of residents that do not qualify for BadgerCare and cannot afford health insurance through the exchanges. The federal money will flow through our hospitals, clinics, and pharmacies and potentially provide employment to individuals without work. James Maillette, Wisconsin Family Action Vice President, spoke against Resolution 64, reporting that there is currently a case in the Wisconsin Supreme Court, which will be taken up on October 23, which may or may not affect domestic partnerships. Mr. Maillette urged the board to take this into consideration so that the issue won t have to be revisited anytime soon. He also suggested that the county board assess the costs involved in passing Resolution 64. John Smallwood, Fair Wisconsin, spoke in favor of Resolution 64, stating that the higher a company is on the Fortune 500 scale, the larger percent of companies that offer domestic benefits, with 90% of the top 50 companies offering domestic partner benefits. The case in the Supreme Court should not delay this vote. More than ten Wisconsin municipalities have adopted domestic benefits with the court action pending. Howard Miller, citizen/business owner, spoke against Resolution 64 stating that this resolution will have a financial impact on the county. Anytime a benefit is added to the package, there is a fiscal impact. He questioned that the only way a fiscal impact would not occur is if no one were to use the benefit, and if that were true, why would the Board act on the resolution. Chad Hershner, citizen/children s Hospital employee and co-chair of the Include Initiative, urged adoption of Resolution 64. He and his same-sex partner moved to Wisconsin from Virginia because they knew they would not be discriminated against strictly due to their sexual orientation. They chose the City of Appleton and Outagamie County because of the ability to be welcomed and inclusive. The Include Initiative is about embracing the LGTG community. Children s Hospital is ranked as one of the top 100 employers in Wisconsin that has been offering benefits to same sex couples since 2007.

5 September 24, 2013 County Board Minutes Page 5 Chairperson Schuette stated that according to Board rules, public participation is limited to 15 minutes, which the chairperson can extend to 30 minutes. Chairperson Schuette had extended public participation to 30 minutes; therefore, unanimous consent was obtained to suspend the board rules in order for public participation to continue. Steven Gillespie, citizen, urged the board members to vote no on Resolution 64. He commended the board for taking action on something that is challenging and will upset constituents whether or not it is adopted. Wisconsin Statute addresses same-sex and opposite-sex partners. Portage County recently adopted benefits for all couples, not just same-sex couples. Mr. Gillespie urged board members to remember benefits offered to employees include care for their ill children. Edward Perkins, Fox Valley Initiative, reported that the Supreme Court may rule in favor of continuing the same-sex domestic partnership registry in Wisconsin. However, a difference exists between courts dealing with past legislation as opposed to dealing with a constitutional amendment. The key question before the courts on October 23 will be if the Supreme Court looks upon the domestic registry legislation as equal to the will of the people, who passed an amendment barring same-sex marriage in Wisconsin in If the registry is overturned, the board will be revisiting the issue of domestic partners receiving benefits. In addition, an argument of passing this benefit has been made that it is an employment issue. However, having been in business for 40 years, Mr. Perkin s reported he has not seen unemployment rates as they current stand. Shannon Kenevan, citizen, spoke in favor of Resolution 64, stating that the board members should consider each person s dignity when voting on the resolution. The financial part of the resolution does not matter as long as each person is treated with dignity. Mary Hopfensperger, citizen, spoke against Resolution 64, urging the board members to wait until after the Supreme Court makes their decision on same-sex partners. Sally Masters, citizen, spoke in favor of Resolution 64. Ms. Masters explained that she and her domestic partner have been living in the City of Appleton, Outagamie County, for a year. She works in Oshkosh; however, they chose to live in Appleton because the city offers benefits to same-sex couples and they want their taxes supporting a community that does not discriminate. All county employees deserve the same benefits. The Board took a 15 minute recess, in accordance with the Board rules, at 8:00 p.m. and reconvened at 8:15 p.m. APPOINTMENT Letter from County Executive Nelson recommending the appointment of Mr. Abe Weber as the Airport Director for Outagamie County (Disclosure Statement distributed on desks). Supervisor Mahan moved, seconded by Supervisor Iverson, to approve the appointment of Abe Weber as the Airport Director. ROLL CALL for confirmation: 34 aye, 1 nay, 1 absent. APPOINTMENT OF ABE WEBER AS AIRPORT DIRECTOR IS CONFIRMED.

6 September 24, 2013 County Board Minutes Page 6 A round of applause was given to Mr. Weber. REPORT AND PRESENTATION OF COUNTY LOBBYIST County Lobbyist Mark Wadium reported the following: Act 10 Case The U.S. District Court for the Wisconsin Western District released an opinion on the second case brought before it regarding Act 10. The court ruled in favor of the defendants (Scott Walker and others) upholding Act Act 10 Ruling In a ruling issued on , Judge Juan Colas made it clear that Governor Walker and the commissioners of the Wisconsin Employment Relations Commission may not enforce those provisions of Act 10 that he previously found unconstitutional. WRS Strong Performance The Wisconsin Department of Employee Trust Funds has released preliminary Wisconsin Retirement System (WRS) performance returns. The Core Trust Fund had a benchmark of 4.8%, but preliminary returns show 5.1%. The Variable Trust Fund had a benchmark of 12.7%, but preliminary returns show 13.3%. Transportation Development Association States have reacted on their own in regards to the lack of increase in federal gas tax. Typical approaches are sales tax, gas tax, or similar. The sales tax is the easiest to pass because it is not tied to any form of transportation. The gas tax is still the most widely used option, increasing possibility of moving to wholesale or sales tax model. Asset Recovery Bill LRB3076/2 Applying 2011 statutes before implementation of or in case of lack of approval of estate recovery and divestment changes in 2013 Wisconsin Act 20 Sen. Lazich. Copy sent to Craig Moser, Jolene Janssen, James Pleuss, James Mahan. LRB Designating "Razing" from a special tax to a special charge, Rep. Nygren. Copy Sent to Craig Moser, Jolene Janssen, James Pleuss, James Mahan, Brian Massey. Federal The Internal Revenue Service Needs to Improve the Comprehensiveness, Accuracy, Reliability, and Timeliness of the Tax Gap. Supervisor Lemanski requested that Resolution 67 be taken up after Resolution 63. No objections, so ordered. NEW BUSINESS Resolution No Legislative/Audit & Human Resources Committee. Approve amending the Outagamie County AS&P Personnel Policy Manual and the Outagamie County Interim Personnel Policy Manuals for employees of AFSCME Local 980 (Brewster Village), AFSCME Local 455 (Highway & Solid Waste), Justice Center Association (OCJCA), AFSCME Local 2416 (Professional Employees), AFSCME Local, and AS&P effective January 1, 2014, as described in the attached AR-13-03, which will also be offered to the Deputy Sheriff s Association for inclusion in their contract; the inclusion of Registered Domestic Partnership benefits will not impact Outagamie County s 2014 Budget as noted on the attached fiscal note.

7 September 24, 2013 County Board Minutes Page 7 Supervisor Gosse moved, seconded by Supervisor Nagler, for adoption. After some discussion, Supervisor Krueger moved, seconded by Supervisor Culbertson, for the previous question. ROLL CALL to cut off debate: 30 aye, 5 nay, 1 absent. MOTION CARRIED. DEBATE IS CUT OFF. ROLL CALL to adopt: 19 aye, 14 nay, 2 abstain, 1 absent. RESOLUTION IS ADOPTED. Resolution No Legislative/Audit & Human Resources Committee. Approve Administrative Rule AR regarding amendments to the Outagamie County AS&P Personnel Policy Manual and the Outagamie County Interim Personnel Policy Manuals for employees of AFSCME Local 980 (Brewster Village), AFSCME Local 455 (Highway & Solid Waste), Justice Center Association (OCJCA), AFSCME Local 2416 (Professional Employees), AFSCME Local 2046 (General Employees), and AS&P employees effective January 1, 2014, and approve the Sick Leave Plan Amendment, the Tuition Reimbursement Amendment, the Voluntary Share Leave Program Amendment, as described on the attachments. Supervisor Mahan moved, seconded by Supervisor Groat, for adoption. ROLL CALL: 27 aye, 8 nay, 1 absent. RESOLUTION IS ADOPTED. Resolution No Health & Human Services Committee. Recommend that the Wisconsin State Legislature accepts enhanced federal Medicaid funding to improve the state s BadgerCare program. Supervisor Groat moved, seconded by Supervisor Karl, for adoption. ROLL CALL: 26 aye, 9 nay, 1 absent. RESOLUTION IS ADOPTED. Resolution No Property, Airport, Recreation & Economic Development Committee. Approve the first addendum to the Express Airport Services, LLC lease and approve the budget adjustment for the first three months of reimbursable expenses as noted attached fiscal note and First Addendum to Lease. Supervisor Culbertson moved, seconded by Supervisor Thyssen, for adoption. ROLL CALL: 34 aye, 1 abstain, 1 absent. RESOLUTION IS ADOPTED. Supervisor Culbertson moved, seconded by Supervisor Thyssen, to reconsider Resolution for the purpose of locking it in. ROLL CALL for reconsideration: 33 aye, 2 nay, 1 absent. RESOLUTION IS RECONSIDERED. ROLL CALL to lock in: 32 aye, 3 nay, 1 absent. RESOLUTION IS ADOPTED AND LOCKED IN.

8 September 24, 2013 County Board Minutes Page 8 Resolution No Property, Airport, Recreation & Economic Development Committee. Approve the Third addendum to the Maxair Inc. lease as noted on the attached Third Addendum to Lease and authorize various budget adjustments as noted on the attached fiscal note and Attachment A. Supervisor Culbertson moved, seconded by Supervisor Rabec, for adoption. ROLL CALL: 34 aye, 1 abstain, 1 absent. RESOLUTION IS ADOPTED. Supervisor Culbertson moved, seconded by Supervisor Trentlage, to reconsider Resolution for the purpose of locking it in. ROLL CALL for reconsideration: 32 aye, 3 nay, 1 absent. RESOLUTION IS RECONSIDERED. ROLL CALL to lock in: 31 aye, 4 nay, 1 absent. RESOLUTION IS ADOPTED AND LOCKED IN. Resolution No Property, Airport, Recreation & Economic Development Committee. Approve the Corporate Hangar Lease Agreement with Bemis, said lease rates to go into effect in 2014 as included in the 2014 Proposed County Executive Budget, as noted on the attached Corporate Hangar Lease Agreement and fiscal note. Supervisor Culbertson moved, seconded by Supervisor Thyssen, for adoption. ROLL CALL: 33 aye, 1 nay, 1 abstain, 1 absent. RESOLUTION IS ADOPTED. Supervisor Culbertson moved, seconded by Supervisor Duncan, to reconsider Resolution for the purpose of locking it in. ROLL CALL for reconsideration: 32 aye, 3 nay, 1 absent. RESOLUTION IS RECONSIDERED. ROLL CALL to lock in: 32 aye, 3 nay, 1 absent. RESOLUTION IS ADOPTED AND LOCKED IN. Resolution No Property, Airport, Recreation & Economic Development Committee. Initial Resolution Authorizing Taxable General Obligation Bonds or Promissory Notes in an Amount not to Exceed $1,825,000. Supervisor Culbertson moved, seconded by Supervisor Rabec, for adoption. Supervisor Culbertson moved, seconded by Supervisor Thyssen, to reconsider Resolution for the purpose of locking it in. ROLL CALL for reconsideration: 33 aye, 2 nay, 1 absent. RESOLUTION IS RECONSIDERED.

9 September 24, 2013 County Board Minutes Page 9 ROLL CALL to lock in: 33 aye, 2 nay, 1 absent. RESOLUTION IS ADOPTED AND LOCKED IN. Resolution No Property, Airport, Recreation & Economic Development Committee. Establish the Bemis Hangar Construction Project as a public works project in accordance with Outagamie County Code of Ordinances Section and authorize the formation of the Bemis Hangar Construction Project Oversight Committee. Supervisor Culbertson moved, seconded by Supervisor Thyssen, for adoption. ROLL CALL: 35 aye, 1 absent. RESOLUTION IS ADOPTED. Supervisor Culbertson moved, seconded by Supervisor Trentlage, to reconsider Resolution for the purpose of locking it in. ROLL CALL for reconsideration: 32 aye, 3 nay, 1 absent. RESOLUTION IS RECONSIDERED. ROLL CALL to lock in: 33 aye, 1 nay, 1 abstain, 1 absent. RESOLUTION IS ADOPTED AND LOCKED IN. Resolution No Property, Airport, Recreation & Economic Development Committee. Approve the sale of the 14.3 acres of excess property at the Binghamton Tower Site in the amount of $46,000 and approve the proceeds of the sale, after recouping the consulting and surveying amount of $3,500, being placed into the County Property Budget as noted on the attached fiscal note. Supervisor Culbertson moved, seconded by Supervisor Thyssen, for adoption. ROLL CALL: 33 aye, 2 nay, 1 absent. RESOLUTION IS ADOPTED. Resolution No Finance Committee. Support the Village of Hortonville s creation of Tax Incremental Financing District #3, as detailed on the attached Project Plan for the Creation of Tax Incremental District #3 Project Plan. Supervisor Nagler moved, seconded by Supervisor Stueck, for adoption. ROLL CALL: 32 aye, 3 nay, 1 absent. RESOLUTION IS ADOPTED. Resolution No Finance Committee. Support the Village of Little Chute s creation of Tax Incremental Financing District #5, as detailed on the attached Project Plan for the Creation of Tax Incremental District #5 Project Plan. Supervisor Nagler moved, seconded by Supervisor D. De Groot, for adoption. ROLL CALL: 32 aye, 3 nay, 1 absent. RESOLUTION IS ADOTED. Resolution No Finance Committee. Support the City of Appleton s creation of Tax Incremental Financing District #9, as detailed on the attached Project Plan for the Creation

10 September 24, 2013 County Board Minutes Page 10 of Tax Incremental District #9 East Wisconsin Avenue City of Appleton, Wisconsin. Supervisor Nagler moved, seconded by Supervisor Stueck, for adoption. ROLL CALL: 29 aye, 4 nay, 2 abstain, 1 absent. RESOLUTION IS ADOPTED. Resolution No Finance Committee. Support the City of Appleton s creation of Tax Incremental Financing District #10, as detailed on the attached Project Plan for the Creation of Tax Incremental District #10 West College Avenue City of Appleton, Wisconsin. Supervisor Nagler moved, seconded by Supervisor Stueck, for adoption. ROLL CALL: 31 aye, 4 nay, 1 absent. RESOLUTION IS ADOPTED. Resolution No Health & Human Services Committee. Approve the Citizen Participation Plan as described in the attached Citizen Participation Plan For Emergency Assistance. Supervisor Stueck moved, seconded by Supervisor Karl, for adoption. ROLL CALL: 33 aye, 2 nay, 1 absent. RESOLUTION IS ADOPTED. Resolution No Health & Human Services Committee. Approve the preparation and filing of a Community Development Block Grant Emergency Assistance Housing Program application. Supervisor Stueck moved, seconded by Supervisor Trentlage, for adoption. ROLL CALL: 32 aye, 3 nay, 1 absent. RESOLUTION IS ADOPTED. REPORTS - None Supervisor Gosse moved, seconded by Supervisor Stueck, to adjourn until Tuesday, October 8, 2013 at 6:30 p.m. VOICE VOTE CARRIED. The meeting adjourned at 9:30 p.m. Sara Hickey, Deputy County Clerk