Walworth County Executive Committee June 15, 2009 10 AM County Board Room 114 Elkhorn, Wisconsin Chairman Weber called the meeting to order. Roll call was conducted. In attendance were Chairman Weber, Vice Chairman Kilkenny, and Supervisors Bromley and Russell. A quorum was declared. Supervisor Hawkins was absent. Others in attendance included Gary Lawton and Gregory Guidry, Board of Adjustment applicants; Supervisors Ingersoll and Stacey; Sheriff Dave Graves; Michael Cotter, Deputy Corporation Counsel/Land Use and Management Director; Sergeant Jay Maritz, Sheriff s Communications division; Assistant Corporation Counsel Lee Huempfner; Kimberly Bushey, County Clerk; Shane Crawford, Deputy County Administrator Central Services; and, David Bretl, County Administrator/Corporation Counsel. Agenda approval was moved and seconded by Supervisors Bromley and Russell, and carried 4 0. Supervisors Russell and Bromley moved and seconded approval of the April 1, 2009 executive committee minutes. The motion carried 4 0. Public Comment. There was no comment from the public. Board of Adjustment (BOA) appointments. Administrator Bretl explained there were two nominations, which he had provided to the committee in the executive committee agenda packet, for a first and second alternate. The term of appointment for each candidate was included in Mr. Bretl s nominations. Mr. Lawton was being nominated for a three-year term as first alternate; Mr. Guidry was being nominated for a two-year term as second alternate. Both candidates were asked the following questions: 1. Are you a resident of an unincorporated area of Walworth County? In what town do you live? 2. Have you had any experience with the Walworth County Land Use and Resource Management Department and its zoning division and if yes, what was your impression? 3. If you answered yes to the last question, were you an applicant for a permit or did you represent an applicant? Mr. Guidry is an electrical contractor. He is not a general building contractor inspector. 4. Have you had any experience with the Walworth County Board of Adjustment (BOA)? 5. If you answered yes to the last question, what was your impression of the county s Board of Adjustment? 6. Please articulate your feelings with regard to growth in Walworth County. 7. What qualities do you believe make you a good candidate to serve on the Board of Adjustment?
Page 2 of 5 8. Do you have any restrictions with respect to day and/or times of meeting attendance? 9. Are you presently receiving any salary, compensation or fees for services that may be construed as a conflict of interest with regard to serving on the Board of Adjustment? Michael Cotter explained that when a regular BOA member is not available to attend a meeting, the alternates take the regular member s place and vote. Gary Lawton has served as second alternate for the past three years. His term is scheduled to end on June 30, 2009. Mr. Lawton indicated that he lives on Laurel Street, in the city of Whitewater. Staff indicated there might be a conflict regarding Lawton continuing to serve on the BOA given that he resides in the city, an incorporated area of the county. Lawton stated that when he filled out the citizen application the first time, he was residing at W6274 Kettle Moraine Drive and had not changed his address or voting place. He indicated that when he re-applied he was told he should use his Kettle Moraine Drive address. Lawton stated that his property on Kettle Moraine Drive is located in the town of LaGrange where he is a registered voter. Mr. Lawton confirmed the home in which he currently lives is located in the city of Whitewater, not in the town. Corporation Counsel Bretl cited section 59.694 (2) (c) of the Wisconsin Statutes, which states that board of adjustment members shall reside within the county and outside of the limits of incorporated cities and villages. Mr. Bretl indicated the statutes do not allow leeway with regard to residency requirements for BOA service. County Board appointment of Lawton could create an appealable issue with regard to BOA cases, stated Bretl. Supervisor Bromley suggested that Mr. Lawton be excused from the interview given there are no exceptions within the law permitting the committee to appoint him. Chairman Weber asked Corporation Counsel how removal of Mr. Lawton from the BOA would change the current membership as far as having a quorum to decide variance matters. Michael Cotter indicated that Kenneth Guehrer, who has been serving as first alternate, can continue to serve until a successor is appointed. Corporation Counsel Bretl explained that the committee was free to appoint Mr. Guidry as first alternate if desired. Recruitment for an additional candidate could then proceed. Mr. Guidry indicated he wished to be considered for appointment as first alternate. Supervisor Russell moved to appoint Guidry as first alternate for a three-year term and re-advertise for applicants to fill the second alternate position. Vice Chairman Kilkenny seconded the motion and said there may be times when the BOA must render decisions in the towns of La Grange and Troy, when Guidry might need to recuse himself and decline to vote in order to avoid any perception of partiality. Kilkenny suggested Guidry inform LURM staff well in advance of any potential conflict. Supervisor Bromley stated that his impression of Guidry as an electrical inspector for the town of La Grange was that, at times, Guidry demonstrated rigidity, in terms of his application of rules, which Bromley feels could present concerns with regard to Guidry s service on the BOA. Bromley expressed his view that BOA members consider the intent of the ordinance. Bromley said his vote of support for appointment of Guidry would be cast with extreme reservation. The committee voted 4 0 on the Russell/Kilkenny motion to appoint Gregory Guidry as first alternate on the BOA. Consent items. Supervisor Russell and Vice Chairman Kilkenny moved and seconded reimbursement of Allan Polyock in the amount of $82.50 for mileage expenses related to attendance at Wisconsin River Rail Transit Commission meetings. The motion carried 4 0.
Page 3 of 5 County Board Supervisor candidate information workshop. The workshop, to be offered in November 2009, will be similar to the one Supervisor Russell and Dave Bretl presented in 2007, and is structured to provide an overview of County government operations to citizens interested in running for office as a County Board Supervisor. The purpose of the class is to give potential candidates an idea about the duties of the County Board and the approximate time commitment involved in serving as a Board member. An overview of the workshop outline was provided in a memo to the committee dated June 9, 2009 from County Board Chair Russell and Mr. Bretl. Chairman Weber expressed his appreciation and support of Administrator Bretl and Supervisor Russell planning the workshop. Supervisor Russell said she and Mr. Bretl decided to offer the workshop during the day, a time when citizens elected to serve as County Board Supervisors will need to be available to attend committee and County Board meetings. Supervisor Ingersoll expressed concern that not offering an evening workshop may limit outreach to citizens who might be interested in serving on the Board but hold daytime jobs. Supervisors asked Mr. Bretl whether the workshop could be videotaped and offered to citizens who are not able to attend the daytime workshop. County Clerk Bushey indicated that two candidates for election in 2008 had asked whether County staff could provide guidance on completing election petitions. Mr. Bretl said workshop participants could be informed that the County Clerk has election petition forms and provides assistance with completing them. Support of the workshop was moved and seconded by Supervisor Bromley and Vice Chairman Kilkenny. The motion carried 4 0. Supervisors Bromley and Russell moved and seconded the clerk remaining the primary resource for inquiries and information concerning election papers as well as assistance regarding election petitions and process. The motion carried 4 0. Mr. Bretl indicated he would check into having the workshop videotaped for later viewing. Establishing even and odd year elections. Supervisor Russell proposed staggering County Board Supervisor terms with the intention of avoiding having the entire membership of the County Board change in one election year. One proposal was to hold elections for all eleven Supervisor seats in 2010, the next census year, and then, in 2011, hold another election for Supervisors in just the odd-numbered supervisory districts. Another, better proposal, said Supervisor Russell, was to hold full elections in 2012, with odd numbered district elections again in 2013; that way, only one reprogramming of voting computers would be required. Supervisor Kilkenny questioned what would happen with staggered elections, concerning incumbent Supervisors whose district boundaries change in a redistricting year. For example, imagine it is a redistricting year following the census. An odd-numbered supervisory district s boundaries change significantly. If it is not an election year for the Supervisor in that district, will that Supervisor continue to serve on the Board even though the district boundaries have changed? Supervisor Bromley said he thought the proposal made a lot of sense. Chairman Weber expressed support of the proposal as a good way of providing stability in government, i.e., not having a turnover of the entire membership of the Board in one election year. It would need to be clarified as to whether Walworth County is a self-organized county before proceeding with staggered elections, said County Administrator Bretl. Supervisor Kilkenny indicated he wanted some time to evaluate the proposed change before moving forward with any changes. County Clerk Bushey indicated Supervisors might want to keep in mind, if considering elections in April 2011, that there are no general (fall) elections currently scheduled in odd-numbered years. In 2008, stated Chairman Weber, a number of public forums were conducted inviting County Board
Page 4 of 5 candidates to participate in question and answer sessions concerning their knowledge and experience in government. Chairman Weber said he attended six forums in 2007 preceding the 2008 spring election for supervisors. He felt the forums were good with regard to disclosing the character and quality of candidates. Supervisor Bromley moved recommending County implementation of staggered County Board Supervisor elections following the 2010 election. Supervisor Russell seconded the motion. Vice Chairman Kilkenny stated he feels there are arguments both for and against staggered elections. Supervisor Bromley reiterated his support of moving this forward to the full Board for consideration and discussion. Supervisor Kilkenny indicated that he wants to make sure this issue does not become part of the Board s unanimous consent agenda because he believes it deserves more than one month of consideration and deliberation before adoption for implementation. The Bromley/Russell motion carried 4 0. State funding of e911. Sheriff Graves indicated that the State Assembly, in session the week of June 8 12, adopted legislation in support of e911 funding and distributing the funding to counties as shared revenue. The sheriff s department is the largest PSAP in Walworth County. Graves said passage of the law may negatively affect the sheriff s ability to fund PSAP programming. The governor s office has chosen to fund e911 as shared revenue, earmarked for public safety (police, fire protection and EMS services), to prevent layoffs in law enforcement, statewide, said Graves. Sgt. Maritz stated that the sheriff s main concern, initially, had to do with the.20/month land line charge by local phone service providers for 911 calls. There was concern the e911 proposal would affect this and sheriff s departments in the state would be billed directly for support of providing the 911 service. This is no longer a concern, said Graves. The sheriff s department had been hopeful that they might receive some direct funding in support of training sheriff s personnel that provide 911 support in sheriff s dispatch centers. Sheriff Graves and Sergeant Maritz indicated that reallocating 911 funding for other services that do not qualify as 911 services could disqualify a county from receiving certain types of grant funding. The announcement was just made for federal 911 grant funding, stated Maritz. There is funding in the State budget for a State 911 coordinator. Wisconsin must have a state 911 coordinator in order to qualify for federal 911 funding; therefore, including the funding in the State budget will help Wisconsin to qualify for federal funding for 911 services. There was no action taken on this item. Ordinance amending Chapter 2 of the Code of Ordinances to correctly reflect Ag-Ext. Education committee membership. Following the 2008 committee reorganization, membership of the Ag-Ext. had not been revised in the ordinance. This ordinance will make the necessary correction. Adoption of the ordinance amendment was moved and seconded by Supervisors Kilkenny and Russell. The motion carried 4 0. (At 11:20 AM, the committee adjourned for a break. The meeting was reconvened at 11:30 AM.) Claims. At 11:30 AM, Supervisors Russell and Bromley moved and seconded convening in closed session pursuant to the exemption contained in Section 19.85 (1) (g) of the Wisconsin Statutes, conferring with legal counsel for the governmental body who is rendering oral or
Page 5 of 5 written advice concerning strategy to be adopted by the body with respect to litigation in which it is or is likely to become involved. All members voted aye to convene in closed session relative to discussion concerning the items listed below. a) Walworth County v. Lauderdale Aqua Skiers and Walworth County v. Lauderdale Lakes Management District. b) Walworth County v. Thomas Kasun, Jr., Case no. 07-CV-887 c) Thomas A. Good & Angela M. Good vs. Walworth County Board of Adjustment d) John W. Strong, Trustee of Christine M. Strong Trust vs. Walworth County Board of Adjustment e) Beverly Long v. Town of Bloomfield and County of Walworth Notice of Claim At 12:14 PM, on motion and second by Supervisors Bromley and Kilkenny, the committee reconvened in open session and took the following actions. a) Walworth County v. Lauderdale Aqua Skiers and Walworth County v. Lauderdale Lakes Management District. Supervisors Bromley and Russell moved and seconded authorizing Corporation Counsel staff to proceed with appeal of the case. The motion carried 4 0. b) Walworth County v. Thomas Kasun, Jr., Case no. 07-CV-887. Supervisors Bromley and Kilkenny moved and seconded authorizing execution of bond indemnification. The motion carried 4 0. c) Thomas A. Good & Angela M. Good vs. Walworth County Board of Adjustment d) John W. Strong, Trustee of Christine M. Strong Trust vs. Walworth County Board of Adjustment. On motion and second by Vice Chairman Kilkenny and Supervisor Bromley, the committee voted unanimously directing Corporation Counsel to proceed in defending both the Good v. BOA and Strong vs. BOA matters pursuant to committee discussion. e) Beverly Long v. Town of Bloomfield and County of Walworth. Supervisors Bromley and Kilkenny moved support of Corporation Counsel proceeding as directed by the committee. The motion carried 4 0. Chairman Weber adjourned the meeting at 12:15 PM on motion and second by Supervisors Bromley and Russell. Respectfully submitted by Suzanne Harrington, administrative assistant to the Walworth County Administrator. These minutes were approved unanimously by the executive committee on July 20, 2009.