July 26, 2016 - Pierce County

PIERCE COUNTY BOARD OF SUPERVISORS
Tuesday, July 26, 2016-7:00 p.m.
Courthouse - County Board Room
414 W. Main St., Ellsworth, WI 54011
1.
2.
3.
4.
5.
6.
7.
8.
9.
Call to order
Call of the roll by the Clerk
2a. Establish Quorum
2b. Adopt Agenda
Pledge of Allegiance to the flag.
Public Comment: County Board will receive public comments on any issue not related to agenda
items, discussion by board members may take place but no action will be taken on any item raised.
Resolutions for consideration:
First reading:
Sa)
Resolution No. 16-07 Approve Proposed Amendments to Town of River Falls Zoning
Ordinance (Ch. 17) Pursuant to §60.62(3) WI STATS
5b)
Resolution No. 16-08 Disaster Declaration**
Resolutions for consideration:
Second reading:
6a) - Resolution No. 16-05 Amend Personnel Policy to make Changes to Paid Time Off (PTO)
and Personal Leave Sick Bank (PLSB)
Ordinances for consideration:
First reading:
7a)
Ordinance No. 16-01 Amend Chapter 172, Section 172-15(B) of the Pierce County CodeParks & Recreation
Ordinances for consideration:
Second reading:
8a)
None
Appointments:
9a)
ADRC Governing Board: Wendy W egerer representing individuals with physical
disabilities. Term 06/2016 - 06/2019.
10. Future agenda items:
11. Adjourn
Questions regarding this agenda may be made to Jamie Feuerhelm at 715-2 73-6 744. Upon reasonable notice, efforts will be
made to accommodate the needs of individuals with disabilities requiring special accommodations for attendance at the meeting.
For additional information or to make a request, contact the Administrative C_2ordinat~ at 715-2-z3-6851. _
**Adoption Requested on first reading
jr£07/15/20 16
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RESOLUTION NO. 16-07
APPROVE PROPOSED AMENDMENTS TO
TOWN OF RIVER FALLS ZONING ORDINANCE (CH. 17)
PURSUANT TO SEC. 60.62(3) WIS. STATS.
WHEREAS, the Town of River Falls has been authorized by the Pierce County Board of
Supervisors to exercise zoning authority within its borders; and
WHEREAS, the Town has amended its ordinance primarily to conform with changes to State
statutes relating to Farmland Preservation zoning and cell phone tower regulation; and
WHEREAS, any amendment to the Town's zoning ordinance requires approval by the County
Board of Supervisors pursuant to Sec. 60.62(3) Wis. Stats.; and
WHEREAS, the relevant portions of the ordinance containing the proposed amendments to the
Town of River Falls Zoning Ordinance (Ch. 17) are attached as Exhibit A; and
WHEREAS, the Land Management Committee, at its meeting on June 1, 2016, and the Finance
and Personnel Committee, at its meeting on July 11, 2016, recommended approval of the
- proposed amendments.
NOW, THEREFORE BE IT RESOLVED, by the Pierce County Board of Supervisors that the
proposed amendments to the Town of River Falls Zoning Ordinance (Ch. 17) as set forth in the
attached Exhibit A are hereby approved pursuant to Sec. 60.62(3) Wis. Stats.
Dated this 26th day of July, 2016.
Jeffrey A. Holst, Chair
Pierce County Board of Supervisors
ATTESTED TO BY:
APPROVED AS TO FORM AND LEGALITY BY:
Jamie Feuerhelm, County Clerk
Bradley D. Lawrence, Corp. Counsel
Adopted:
----------------
II
STAFF REPORT
LAND MANAGEMENT COMMITTEE
Land Management Committee Meeting, June 1, 2016
Request:
II
Agerida Item· 8
Discuss/take action on proposed amendments to Town of River Falls. Zoning
Ordinance
Background:
.
The Tovvn of River Falls has been authorized by the Courity Board to exercise zoning
authority within its borders. Any amendment to the Tovvn's Zoning Ordinance
requires approval by the Coull.ty Board of Supervisors to be valid.
The· Tovvn has amended their ordinance primarily to conform with changes to State
Statutes relating to Farmland Preservation zoning and to cell phone transmission
tower regulation. Nun:ierous for.rn.-atting changes and multip1e name changes are also
proposed (e.g. special exception to conditional use). Other changes that were
previously approved by the County are presented in the proposed ordinance in a
manner that makes them appear new. This includes language outlining the "right to·
farm" in the Town.
The Tovvn's Farmland Preservation Zoning Ordinance was certified by the
Department of Agriculture, Trade, and Consumer Protection (DATCP) on February .
19, 2016. Certification by DATCP confirms that the zoning _ordinance complies with
the minimum standards established by the State for participation iri the Farmland·
Preservation Program and is effective for a 10 year period.
The Tovvn has historically limited the construction of new residential· structures on
Class I, II, or III soiis,
as identified on the Natural Resource Conservation
Service
.
.
(NRCS) Soil Survey J\1aps for the Tovvn. The Tovvn has now adopted a process
through which a landowner can submit additional information generated by a
Certified Soil Scientist to establish the presence of Class IV soils and thus qualify for
a building site. This new process has. been established in the Farmland Preservation
Zoning District (A-1) as well as the Agri.cultural Residential District (A-2).
.
.
Additional amendments are proposed to bring the Tqwn' s Ordinance into compliance
with. recent legislation which greatly limited a municipality.' s ability to regulate cell
phone towers. The language proposed is modeled after Pterce County's Ordinance .
and is the result of concerns. raised by the Corporation Counsel's Office regarding
langliage that was previously submitted.
The section of the Code dealing with Erosion Control (17.12) has been deleted and
moved to another chapter (Storm Water Management).
Staff also noted that the portio~ of the Code dealing with Sign Regulations (17 .13)
appears to be content based which does .not meet current legal standards. The Tovvn is
encouraged to review and amend this section to conform to current legal precedep.ts.
Exhibit A
Abridged Version - Does not contain full
ordinance text due to length
Please contact staff to receive complete text
CHAPTER 17
ZONING CODE
·17.0l .....................•.•............................................... Interpretation-, Parposes and Definitions
17.02......................................................................................................................... Districts
17.03 ............ :..................................................................................... ;..... Genera[ Provisions
17.0J4 ......................................................................................................... Conditional Uses
17.035 ...................................................................................................... Site Plan Approval
l7.038 ..............................................................:..........................................................Towers
17.04............................................................................................... Residence District (R-1)
17.05 ............................. Residence !IDd Planned Mobile Home Development District (R-2)
17.055 .............................................................................................................. Right to Farm
17.06 ....................................... Enell!Sive Agrioultura!Farmland Preservation District (A-1)
17.065.:..................................................................... Agricultural Residential District (A-2)
17.97................ :........................................................................... Commercial District (C-1)
17.075................................................................................ Large Scale Retail Development
17.08........................................................................~ ...................... Iridustrial District (mD)
17.085 ......................................................................................... Light Industry District (LI)
17.09...................................................... ~ ................................................... Board of Appeals
17.1 O.............:.............................................................................. Changes and Amendments
17.11 ......:.............................................................................................Zoning Administrator
17.l2...........................
ttt .......................
Transferred to Chap 21, Storm Water Management
17.125 ................................................................................................ ~........... Clean Fill Sites
17.13 ........................................................................................................... Sign Regulations
17.14...........................................................-. Regulation of Adult Oriented Establishments
l7.15 ........................................................................................~ ....... Violations and Penalties
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communication services (PCS), specialized mobilized radio (ESMR), enhanced
specialized mobilized radio (ESMR), paging, and similar services that are
marketed to the general public.
NON-COMMERCIAL COMMUNICATIONS TOWER. A tower used for
purposes in which there is no commercial gain, i.e. amateur radio, Civil Air
Patrol, Red Cross, etc.
TOWER. Any ground or roof mounted pole, spire, structure, or combination
thereof taller than 15 feet, including supporting lines, cables, wires, braces, and
masts, intended primarily fC?r the purpose of mounting an antenna, meteorological
device, or si~ilar apparatus above wade. TOWER HEIGHT. The distance between the ground upon which the tower or ·
tower base sits and the top of the highest appurtenance mounted on the tower.
TOWER, MULTI-USER. A tower to which is attached the antennas of more than
one commercial wireless telecommunication service provider or governmental
entity.
·
TOWER, SINGLE-USER. A tower to which is attached only the antennas of a
single user, although the tower may be designed to accommodate the antennas of
multiple users as required in this Code.
WCSF. Wireless Communications Service Facility.
QLTOWER ZONING APPLICATIONS. A building permit and_g oonditioaalland
use permit_~oohlej-shall be obtained from tbe Town Zoning Administrator
prior to construction of any tower, inolHding a eommuaieation torNer. The land
use permit will be reviewed by the Plan Commission and approved or denied by
the Town Board within 90 days of its receipt Towers shall be registered with the
Tovm at the time the permit is obtained. Each application for a permit shall
incfude the following information, supplied by the tower owner, operator, or
contractor installing the tower.
(~(i:l)
PROCEDURE.
(a) Name fmd address cifthe to·,;rer owner;The application for siting nnd
construction of a Wireless Communications Service Facility (WCSF}sball
jnclude:
L Name and busine..c::s address of. and the contact individual for. the~
op erfrt:O"?Ppl kant;
2. Name, address, phoae Aumber aFid title ofprirnery eentael personThe
location of tne proposed or affected support structure;
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and permitting of communication towers and wind generator towers. No
application shall be considered filed with the Town unless and until said
application !s accompanied by the fee. Maximum fee shall not exceed the amount
specified in §66.0404. Wi Stats.
E-.5;}C6)
TOWER CONSTRUCTION. Plans and specifications for the tower design
as specified by the tower manufacturer or as approved by a registered professional
engineer experienced in the design and/or analysis of -towers shall be submitted to
the Town Board by the tower owner, operator, or contractor installing the tower.
(7)
TOWER SET BACK REQUIREMENTS. Towers shall confonn with all of the
following minimum se~back requirements:
(a) Yards (minimum):
1. Front, see setbacks from highway and navigable water regulations,
2. Rear, 40ft. where adjacent toR zone, 10ft. otherwise,
3. Side, 20 ft. except that any side yard abutting on R-1, R-2, A-1, or A-2
Districts shall be 40 ft.
(8)
EXCLUSIONS.
(a) Communication towers less than 190 feet in height and designed and intended
for private noncommercial use shall be exempt from the requirements of this
Section.
(b) Any communication tower erected before enactment of this ordinance.
(c) The Board, at its discretion, may exempt certain communication towers that
are designed for and intended to be used solely by public safety or emergency
communications agencies.
(9)
TO\VER LIABILITY. Prior to granting a tower~land use permit, the
·applicant will demonstrate proof to the Town Board that it has adequate liability
insurance for the communication tower, support structures, and any and all
casements or non-public ace~ roads. The liability insurance will cover accidents
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(a) Appropriate signage shall be posted indicating that trespassing and/or
vandalism to the property may be punishable under local, state, or federal
statutes.
(b) The use of any portion of a tower for signs other than warning or equipment
information signs is prohibited.
·
(14) ACCESSORY BUILDINGS.
(a) All utility buildir;l.gs and structures accessory to a tower shall be designed to
bleaa ia ·Nith the sl:l:fFEluading environment and shall meet the minimum
setback requirement,s ofihe l:!flderlying zoning district ofthe property.
(b) Ground mounted equipment shall be screened from view by suitable
vegetation, except where a design of non-vegetative screening better reflects
and complements the architectural character of the surrounding area or
neighborhood. Screening with natural vegetation or fencing, as approved by
the Plan Commission, shall be provided along property lines bordering R-1,
R-2, A-1, A-2, or C-1 Districts.
(15) STRUCTURALLY UNSAFE OR UNuggg TOWERS.
(a) Any tower found to be structurally unsafe and that cannot be brought into
compliance within 180 days must be removed at the owner's expense.
t~wef
(b) A:R)' to·,yer fuet is ao lo~ger ~41 be removed at the owner's or propert)
fur a period of one (1) )Cars a
ed and maintained as a OOffiffil:iflioation
(16) TOWER REMOVAL.
(a) lr-I additioa to subsection (15) the applicant shall be responsible for removiag
li-Ie tower 't'r'aen either:The surety bond rcguired in (b) and (c) below is
competitively neutral, non-discriminatory, and commensurate with historical
records for other facilities.
1. the to\ver hti:s reaehed the end of its useful life, or
2. ~e to·Ner is elassified as structurally unsafe or unused.
(b) If a tower is located on public land, the applicant will be required to post a
bond or establish an escrow account that is equal to ten ( 10) percent of the
tower's construction cost, not to exceed $20,000, -to protect the Town's
interest in the event the owner fails to remove the tower in a timely manner
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b. The revie·l/ may e:!:so ec ia:itiated by the citizens of' the .To:rrlfl ofRiver
Palls b;r reqH:esting a 'tower revievt at a regularly scheduled Tov.n
Beard meeting.
( 19) PUBLIC NOTIFIGATIOPl OF TOWER
r. .nPLICATIO~t
(a) Upen
of e 00ffiffi'tifll8et1on
. .
h olEl ereeeii3t
; hearing
a r
. the To'Nn Board sa all
pHbhe
on the apf3r to•;,rer
.PP
Ieation,
m r
.......
at !he a '<! a '
:ee m?,tit no less thatt thirty (30) eie 'S
15 requi:eei to eomply with these tim
reafier. !fhere a special meeting
thereof ra aevance.
e nrnts the applieS:Ht shaH pay the eost
~
f .thee.
s~eduledregul~
notify aU residents and bU5inesses vrithln a one g\clar'.er
mile radiU:S of the rea:son fer the pablic heari:E:g and the notification shaLl ta:ke
place at least 30 de;·s prior to the scheduled meeting date.
(b) The Tovrn Clerk
\'lit!
(20) TO\VN BOx"c..W EVA:LUi\TION CRITERIA:.
Eat-The Bow=ei in its re dew of the tower app!iea:tion shall consider the foHov.'ing .
fu.etors e:ssoeiated with the construction ofa ae\vtower in the Tm:rm:
1. Health emd safety issues;
2. EooBornie impast on the loeal community;
· of.m~rme:
~
f mn OR v•
mj:pr'
. . of the resl'd eats ofthe To ..Y•'flR:eview
J..--..:Hte-eptnlOfl
"'
•
• .. !ifl't ehosen as
~artioular location 'Yt'B:S chosen and ·..vhy collooatwn rrE!:5
required ey &66.0~01C2)(bt Vli Stets.
P--lj@
APPLICABILITY.
(a) This section supersedes all other communiootion tower ordinances.
(b) This section supersedes all other State and County comml:l:r!:ieation tower
regulations except where noted or where such other regulations have legal
precedence.
(c) This section complies with the requirements of Wisconsin state statute
66.0404.
17.04 RESIDENCE DISTRICT (R-1).
( 1)
USE. In the R-1 District no building or premises shall be used and no building
shall hereafter be erected or structurally altered, unless otherwise provided in this
chapter) except for one or more of the following uses:
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(2)
DEFINITIONS.
(a) AGRlCULTUBAL LAND means those lands of the Tovvn which are zoned as
A-1 (Exclusive Agriculture) or A-2 (Agriculture Residential}. .
(b) AGRlCULTURAL USE means beekeeping; commercial feedlots; dairying:
egg production; floriculture: fish or fur fannjng: forest and game
management: grazing; livestock raising: orchards; plant greenhouses and
nurseries; poultry raising; raising of grain. grass. mint and seed crops: raising
of fruits, nuts and berries; sod farming; placing land in federal programs in
return for payrpent in kind; owning land, at least 35 acres of which is enrolled
in ·the conservation reserve program under 16 USC 3 &31 to 3 836; particiPating
·in the milk production termination program under 7 USC 1446(d); and
vegetable raising.
(c) OWNER means a resident of this state owning land and includes an
indjvidual. legal guardian. corporation incorporated in this st.ate. business
trust estate, trust limited liability company, partnership or association or 2 or
more persons having a joint or common interest in the land. However, where
land is subject to a ]and contract. it means the vendor in agreement with the
vendee.
(d) USE CONSISTENT Wllli AGRICULTURAL USE means any activity that
. meets all of the following conditions:
1. The activity Will not convert land that has been devoted primarily to
agricultural use.
2. The aetivity will not limit the surrounding land's potential for agricultural
use.
3. The activity will not conflict with agricultural operations on the land
subject to a farmland preservation agreement
4. The activity will not conflict with agricultural operations on other
properties.
(e) AGRICULTURAL PRACTICE means any activity associated with an
agriculturaJ use.
(3)
NUISANCE.
(a) An Agricultural use or an agricultural practice may not be found to be a
nuisance if all ofthe following apply:
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(b) Any person aggrieved by any decision of the Zoning Administrator regarding
agricultural practices may appeal the decision to the Plan Commission within
30 days of receipt of the Zoning Administrator's final determination.
1. The decision of the Plan Commission shall be considered a final
administrative agency decision.
2. If the Zoning Administrator's decision is not appealed with 30 days the
Zoning Administrator's decision shall be binding.
3. Ail costs associated with such opinions shaH be borne by the party
submitting the request and anv cost for appeaL
17.06 EXCLUSIVE AGRlCULTURA:LFARMLAND PRESERVATION
DISTRICf (A-1). -(Cr. #1990-1. A.m. 12129/15)
ill_INTENT. The intent of the A-1 District provides far e:cclus:ive egrieultu~
The intent is to preserve the more productive agricultural soilS; iri larger tracts to
maintain agriculture enG-as a permanent, viable land use and eeoaemie aeti,.ity"
eentr-elHntimely and unecenomieal e:Cf3ensioa of ureem facilities Effid ser:iees,
avoid eonflieting laHcll:iSes rmd m_comply with the provisions of the Wisconsin
Farmland Preservation Law to permit Nonfarm residences will be rezoned to
Ag-Residential A-2 as the situation arises. The Farmland Preservation Law
nennits eligible landowners to receive tax credits.: as per '1.4seonsiH £tawtes..:.
(2)
DESIGNATION. The Farmland Preservation Lands te-be designated upoo8-l on
the Town zoning map as E:celusi.,·e Agrieulturel District premisesZoning Map
shall be eft!.yfor the purposes of this section:
(a) All those premises 'Nhieh eont:a:iR 35 aeres ore part of an aggregate
sontainingcontiguous parcels of 35 or more acres. each. under common
ownership, that are primarily devoted to agricultural use as defined in Wis.
Stat. §91.01(2) and contain 70% or greater land designated as Productive
Farmland as rated by United States Department of Agriculture (USDA),
Natural Resources Conservation Service CNRCS). As of the date of adoption
of !his Section. as amended. this information is available at the following
websitej http://www.nrcs.usda.gov/wpsloortallnrcslslte!nationallhomel. The
maps produced by USDA. NRCS designating Productive Fannland shall be
the official soil survey maps for the Town.· Additional contiguous parcels
under the same common ownership with less than 70%. but more than 50%.
Productive Fannland will also be included..
(b)
AlJ those contiguous parcels of35 or more acres, under common ownership.
that are primarily devoted to agricultural use as defined in Wis. Stat.
'§91.01(2). are included on the Certified Pierce County Farmland Presmation
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5. Floriculture.
6. Aquaculture.
7. Fur farming.
8. Forest management.
9. Enrollment ofland in a federal agricultural commodity payment program
or a federal or state agricultural land conservation payment program.
10. Any other use that the Wisconsin Department of Agriculture, by rule.
identifies as agricultural use.
'
'
an
(c) Accessory uses. As defined in Wis. Stat. §91.01(1), except those specifically
regulated as conditional uses in 17 .06(4).
Farm related sl"'Uetures and ir-aprovemen~ that eomply v.-ith the definition of
'aeeesson' l:lse" meaning any oftfie fo!lovo'iAg land U:Ses oR a farm in ''.Vis.
Stat. §91.01(1).
4
A b!iilaiag. structure. or improvement that is aa integraleart ot: or is
hwidental to, an a:ericl::l:ltw·al use.
,"\n e:etivity or bl::l:siReS5 operatioR that is an integral part of. or ineidental
to, an affio~::I!tl::l:re.l use.
A fB:m1 resider:tee.
A bl:lSiness. aotivitv. or enterprise, Vihether or not 8:55oeiated ·viti:! em
agriot:dturalase, taat is em'ldHcted bit the owner or operator of a funn, thal
requires ne bHildings, st."'Ue!:tires, or improvements other then those
deseribee in par. I or 3. that eff!!?levs B:O ff!Ore tl:ien 4 fuJI time emplovees.
annuanv. and $13.-t does not impair or limit the el::lrrent or future agrielllrural
use ofthe farm or of other f)Feteeted farmland.
1. Any other use that the department. by rule, identifies as an accessory use.
fe1i£Lln-season roadside stands for the sale of fann prOducts produced on the
premises and up to 2 unlighted signs not larger than 16 sq. ft. for each
advertising sign.
P-j(4)
SPEGLALCONDffiONAL USES. The following ~conditional uses
may also be aiJowed in the ElEDlRSive Agriswt:'lfr'aJFarmland Preservation District, if
a ~nditional use permit is obtained:
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:o
{k) Rural home occupations which meet Wis. Stat §91 IC1) and the following
conditions:
L The eombined sqt~are foote: e of
a
stomge area saall sot eKoe! 800tl e a~eessorv structure eRG outsieie
sq.
I
~I.
The outside storage a.rea and all vehicles, materials and equipment
being stored there shall be screened and/or landscaped in such a manner as
to prevent it from being visible at any time of the year from the road
rights-of-way, public properties and surrounding dwellings.
J-:2.
Rural h~?me occupations shall be limited to existing fann
residences or structures or portion of the existing farmstead which is not dedicated to agricultural uses.
~(5)
PROHIBITED USES. All uses not listed as permitted or
uses are prohibited including, but not limited to, mobile home
parkS, dance halls and outdoor concerts and structures and improvements
inconsistent with agricultural uses.
~conditional
(41{6)
STANDARDS FORSPEGL'\LCONDJTIONAL USES. The Department
of Agricultural, Trade and Consumer Protection shall be notified of the approval
of any ~onditional uses. In reviewing applications for ~nditional
uses, the Town shall consider the following criteria:
(a) Purposes of this chapter and the intent of the A-1 Zoning District.
(b) Potential for conflict with agricultural uses.
(c) Need of the proposed use for a location in an agricultural area.
(d) Availability of alternative locations.
(~)
Compatibility with existing or permitted uses on adjacent lands.
(f) Productivity of the lands involved.
(g) Location of the proposed use so as to reduce to a minimum the amount of
productive agricultural land converted.
(h) Current and future need for public services created by the proposed use.
(i) Avail ability of adequate public services and the ability of affected local
units of government to provide them without an unreaSonable burd~n.
G) Effect of the proposed usc on water or"air pollution, soil cros_ion and
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(b) Minimum lot area for~ residence or farm operation is 35 acres, except as
provided below:
1. The minimum lot area for an additional dwelling for persons earning a
substantial partmore than 50% of their livelihood from the fann operation
or parents or children of the farm operator shall be 2 acres.
2. The minimum lot area for farm dwellings or structures existing before ~
adoption of this seetiozdanuary 1. 2014 and which are separated from a
larger parcel through farm consolidation may be up to 5 acres, but not less
than ~ acres.
3. Non-farm residences can be built in the A-1 district only if they are issued
a conditional use permit in accordance with Wis. Stat. §91.46(2)(c). Any
building, structure or accessory use or building may be erected on any
sii)glc lot of record at the effective date of adoption or amendment of this
chapter, except that all other provisions of'this chapter shall apply. Such
lot shall be in separate ownership. This provision shall apply even though
such lots fail to meet the requirements for area, width or both that are
applicable in the distric~ provided that yard dimensions and requirements
other than those previously stated shall conform to the regulations for the
district. Variance of yard requirements shall be obtained through action of
the Board of Appeals.
tsi( 10)
MINIMUM LOT SIZE, BUILDING HEIGHT ANDY ARD
REQUIREMENTS FOR SPECL~LCONDJTIONAL USES. The minimum lot
size, building height and yard requirements for ~onditional uses shall be
specified in the ~conditional use permit, but in no case shall the side yard
requirement be less than 50' and the front yard requirement less than the distance
specified in the general provisions of this section.
(-9i(11)
CLASS I III BUlLDING RES1RICTIONS. (Cr. 9/5!DO) ON PRIME
FARM LAND OR FAR.JvfLAND OF STATEWIDE IMPORTANCE. CLASS IIII.
(a) No dwcllings}Io nos farm bHildi-ngs shall be erected on land classified as
Prime Farro land or Farmland of Statewide Importance. also known as Class I,
II, or Ill eroplooel.~, by the Natural Resources Conservation Service, a division
of the U.S. Department of Agriculture, as shown on the official soil survey
maps for the tewaTovm.
(b)
Building restrictions on soils classified as Prime Farmland or Farmland of
Statewide Importance.
1. ~atural Resources Conservation Service ctffi.CS) Digital Soil Survcx........ - ',.. ... fFteldCode Changed
adopted. The NRCS Soil Survey and definitions, and all amendments
1:
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)
including present and proposed buildings.
. iv. A narrative explaining why the proposed alternate site is superior
to the compliant site.
v. A non-refundable fee. in an amount which shall be established
from time to time by the Town Board.
· ~
fb3i£.LRestriction Exception._ In the event of a fire, storm or other
casualty causing destruction or substantial damage to any single
family dwelling house and/or garage existing in the Town prior to
GeteberJanuarv 1, 201QGOO, which damage or dcstnJcti~n is sufficient
to render such dwelling house uninhabitable, the owner or occupant of
such dwelling and/or garage shall be able to rebuild on said farm·
regardless of soil classification. The uninhabitable house and/or garage
must be removed.
~( 12)
All new livestock facilities over 500 animal units. and existing livestock
facilities which expand more than 20% after May 1, 2006, which will have over
500 animal units in total, shall be subject to the Livestock Facility Siting rules,
regulations and provisions as set forth in§ 93.90 Wisconsin Statutes. and Chapter
ATCP 51, Wisconsin Administrative Code, and any and all amendments made
thereto.
t+Bill.l
Alv1ENDMENTS.
(a) The Town may amend the districts and regulations in accordance with Wis.
Stat. §62.23(7a)(Q.
1. In addition. when considering an amendment of the Farmland Preservation
Zoning District (A-1). the procedures and standards listed in 12(a)2.a-i of
Town Code shall be used.
2. The Department of Agriculture, Trade and Consumer Protection shall be
notified of all rezonings by March 1 of the following year per Wis. StaL
§91 .48(2). Pierce County kand Management also shall be notified by
March 1 of the following year per Wis. Stal §91.48(3). All rezones out of
the certified district must meet Wis. Stat. §91.48(1). Decisions on petitions
for rezoning areas zoned for Farmland Preservation shall be based on
findings which consider:
a. Adequacy of existing or proposed facilities to serve the development.
b. Burden upon the local government by providing these facilities.
c. Suitability of the land for development.
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·4. General farming including raising and caring for livestock. (Am. 10/19/98;
Rn. 817/00)
5. Dwellings and accessory buildings. (Cr. 8n/OO)
(b) Professional home offices and
ru,rai home occupations.
1. Professional home offices, and the following rural home occupations:
activities such as cabinet making, auto and auto body repair, retail sales,
pottery manufacturing, day care and baby-sitting, real estate sales,
insurance sales, laundering, beauty shops, barber shops, gunsmithing,
jewelry making, the making of crafts, dance studios, woodcarving studios,
outboard motor and small engine repair, lawn care and/or landscaping,
upholstering, dressmaking, curtain making and other such similar
activities. Any rural home occupation conducted in the agricultural
residential district must be consistent with, and is restricted by, the
definition of same in Sec. 17.01(3). (Ani. 7/18194; Rn. 10/19/98; Am ..
&/4/03).
2. The professional borne offices and rural home occupations specified above
are permitted within a single dwelling unit provided that no more than
25% of total floor space is used for the home or farm based occupation or
within a single detached accessory structure or outbuilding up to 1000 sq.
ft. in total floor area, and where no equipment, supplies, miscellaneous
items, raw materials, items to be sold or repaired, or other items associated
outs.ide of the allowable indoor floor area. The parcel must be at least 5
acres in area and be located in the Agricultural Zoning District Property
line setbacks must be at least 100 ft. when adjoining any pared located in
the Residential Zoning Districts. There shall be no more than two rural
home occupations or professional horne offices per lot. Noi'lllal, customary
·and permitted agricultural uses or practices may continue without
restriction (Cr. 7/18/94; Am .. 8/4/03).
(3)
PROHIBITED USES. (Rn. l0/19/98)
(a) No trailer camps or planned mobile home developments shall be permitted in
the Agricultural District .
·
(b) Building restrictions on prime farmland or fannland of statewide importance,
Class I-III.
.
1. No dwellings shall be erected on land classified as Prime Farmland or
Fa.ITnland.of Statewide Importance. also known as Class I, II, or III, by the
·Natural Resources Conservation Service, a division ofthe U.S.
Dg?artment of Agriculture, as shown on the official soil survey maps for
the Town.
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consideration. Application shall be made on forms provided by the
Zoning Administrator and shall contain the following:
i. Name and address of owner.
ii. NRCS Soil Survey Map of compliant site and proposed alternate
site.
iii. An accurately drawn plot plan that shows the entire parcel
including present and proposed buildings.
iv. A narrative explaining why the proposed alternate site is superior
to the compliant site.
v. A non-refundable fee, in an amount which shall be established
from time to time by the Town Board.
4.
lf. ~ -~~.':~.~~- ~~-~~ ~~-g~g~ .i~. ~~~~- ~~ ~~h!~-~~- !-h~. ~e.q~~~~~~~~. ~K. ................ ·( Field Code Chang=-e_d_ _ _ _ __
·Section 17.065(3)(b)(2) above, the footings for the deck or garage must be
installed at the same time as the main structure.
5. lf.~-~~-~~-~~~~~f.g.~g~J~-~~~~)~-~~h!~~~~~.f~q~i;I:~~~~~-~X. ........ _... ···(FieldCodeChanged
Section 17.065(3)(bX2) above, the dimensions of this attachment cannot
exceed the main floor of the main structure in length or width. ·
6.
l~. ~~- ~~~1!~. ~(.~ x~~'-~~~!E.~~.<?~~~-~~' ~~LX-:iE!~~~-~~l_ry_ ~':1.~~1?-g ...... -·· ...-' f Field Code Changed
destruction or substantial damage to any single family dwelling hotise
and/or garage existing in the Town prior to August 7, 2000, which damage
or destruction is sufficient to render such dwelling house and/or garage
uninhabitable, the owner or occupant of such dwelling house and/or
garage shall be allowed to rebuild a dwelling house and/or garage, as the
case may be, within 100 feetofthe previous dwelling on said farm
regardless of soil classification. The uninhabitable bouse and/or garage
must be removed prior to reconstruction of the new dwelling bouse or
j
garage.
7· lf. ~ .C?~~~-~~!~~_tg _r~P!~.C:~- ~- ~-~~~!~g_!!~_I!: f~~ J~!f_i}~I_?.g_~C?~!~-~-~-~__ .. ___. .. . · · ( Fl~ld Code Changed
soils classified as Prime Farmland or Important Fannland, the existing
structure can be removed only after written approval by the Town Zoning
Administrator. Where permission is granted by the Zoning Administrator
to remove an existing structure, the existing structure must be removed
prior to its replacement. When the non-fann building to be replaced is a
dwelling. the Board may grant the owner or applicant a period not
exceeding one hundred eighty (180) days to remove the existing structure
· following issuance of an occupancy permit for the new residence. The
Board shall establish the date by which the removal must be completed in
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_j
(b) Facilities for the centralized bulk collection, storage, and distribution of
agricultural products to whole~le and retail markets.
(c) Storage and sale of seeds, feeds, and similar products essential to agricultural
production.
(d) Bed and Bretlkfasl Inns..
(e) Other uses essential for the support of agricultural production, provided such
uses do not conflict with the purposes of the Agriculture District
(f) Structu_res exceeding 35 ft. in height.
(6)
LOTS. (Cr. 10fl9/98)
(a) There shall be no more than 4 lots per quarter quarter section (as laid out in
the system of rectangular survey relating to base lines established by the
Federal Government).
(b) A quarter quarter section is not merely an aggregate 40 acre parcel of real
estate, rather it is what is typically known as a forty being synonymous with a
quarter quarter section.
(c) Minimum lot areas. The minimum lot area shall be 2 acres. All residential
lot sizes shall comply with ILHR 85 of the Wisconsin Administrative Code.
(d) Only one single family residence shall be permitted per lot.
(e) MinimumYards.
I. Side &Rear. The minimum side and rear yard shall be I 0 ft. as measured
from the lot line to the nearest point of the structure.
(7)
BUJLDINGS. (Cr. I 0!19/98)
(a) Height. No building structure or sign shall exceed 35ft. in height above the
-grade elevation except as provided in subsection (7)(a)l.
1. Agricultural structures such as silos, barns, and grain storage·
buildings or grain elevators.
(b) Duplexes will not be allowed.
(8)
Livestock facilities with over 500 animal units shall hot be pennitted in the
Agriculture Residential District. They are permitted only in the Euelusi\'e
Agrioulturefannland Preservation District.
TOWN OF RIVER FALLS
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42
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(b) lfthe permittee does Rot eee:se the aetivity or eomply with the eoatrol plea or
permit eoaeiitioes •.viiliin 10 days, tae Ta\\'n Beard may re~t'oke the permit.
(e) If
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(d) The TO'r\'n Board, or the Board of Appeals, may reu=actthe stop work order or
the revecatioH if teiTAs of the permit are met.
.
nrorl:c order the To;•,'fl Boarel may issue a aotice
(e) Tee days after pos~g a stop " .. er o; laae user of the To'Nn Boards mt~nt
of iHteat to the _pe!"ffi:Ittee or lando dfl' ., .th this oreiiHB:flee. The To;vn Boa:rd
to perform 'Norlc necessary to oompl "::. rk after 11 days from iS:SuiRg the
h I d d commence H e we
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may go OR u ean an
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d by the Tov,r'fi Boar P 1:1:5
f the merle pe orme
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eeti ee of mteHt. The eos~ o : ~. B ani shall be eillecl to the permtttee
•
H:he-rete-auihonzed b) e,,.fl 0 •
~
ffit.eresH!
t
fffiittee or laRdovrner fatls to
or the lando•Nner.ln the e;'enl1a p~ r the amor:mt dae OR the t:B:K r~
amouRt dt:zc, t..1e tree:surer she ea c . t the property pursuant to
eeHeet as· a special assesstBent agams
§e6.60(16), "~;J.'is. Stats.
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( 13) :'\.nPEi\LS
(a)
~
ofAppeals. The board of appeals is created purs1:1ant to §17.09 ofthis
I. Shall hear ana deoide appeals ·where it is alleged that there is error ia
order, deeisioR or determiRation made by tt.e Tm''n Board in
edrniaisteriRg this ordinance;
9:1"1)'
?_.pen
tJ
appeal, may authorize . •ariB::B:
ordir-umee •uhiea are not eo ~
ees from the pro·risions ofthi:s
.
n~ary· to th
br .
special coRS:itiofls a litem! e ;£;
e pli lC mterest and wilere o·--ing to
wiiHesuit ·m l:looeeessar.• hardshio:
""'""em""t
efthe
· ef the ordina:nce
n
Jmd
pro·'
• ISIORS
3. Shal1 use the rules, procedures, d1:1ties aHd po'Ners authorized by statute in
heariHg tmd deciding appeals aRd authorizing variS:flees.
(b) Who May A:ppeal. t'\ny applieant; peFffiittee, lande·r.rRer,. or land user may
appeal any Oicler, deeisiofl or deteFffiiRation rnadeby the To'?<'n Board in
aelmiflis-tering this o~ina:aoe.'
17.125 CLEAN FILL SITES. (Cr. 1217/98)
(I)
The purpose of this section is to regulate and control the management of clean fill
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76
6. An affidavit from the landowner giving the agent pennission to conduct
the operation on the landowner's property, plus a copy of the contractor's
Disposal Agreement.
7. An affidavit from the Town Zoning Administrator showing that approval
has been granted by the Recycling Committee and the Plan Commission.
8. Notification of all residents within
~
mile of the site to include:
a. A copy of the application.
b. Dates and times of public hearings.
(c) Other Requirements.
· I. Screening. Enclosure (fencing) regulations, otherrestrictions and
inspection costs shali be as ~t forth by the Town Board.
2. Inspection. Before final placement of material the Town Board or its agent
shall inspect the clean fill.
3. The clean fill disposal site condition use permit shall be in effect for a
period not to exceed two years and may be renewed upon application for a
period not to exceed two years. Modification or additional conditions may
be imposed upon application for renewal by the Town Board.
(d) Conditional Use Pcnnit
App~ication
Review.
1. Town representatives shall particularly consider the effect of the proposed
operation upon existing streets. neighboring development, proposed land
use, drainage, water supply, soil erosion. natural beauty, character, and
land value ofthe locality and shall also consider the practicality of the
proposed restorati?n plan for site.
2. The Recycling Committee shall review each application so a
reconimendation can be made to the Plan Commission and the Town
Board. The Plan Commission and Town Board shall hold public hearings.
Upon completion of a review and the public hearing the Plan Commission
shall make a recommendation to the Town -Board.
3. Subject to completeness of the data submitted and conformity of the
proposed clean fill disposal site 'With all applicable ordinance and
regulations, ·the Town Board shall be empowered to grant a clean fill
disposal site permit. At the same time that an application is submitted, or
. renewed, the applicant shall pay a non·refundable permit fee to be
established by the Town Board.·
TOWN OF RIVER FALLS
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which is not pennanently attached to the ground or a building, which is no larger
than 32 sq. ft., and is of an "A11 frame, hinged or sandwich type design.
SIGN, PYLON. A freestanding sign erected upon a single pylon or post which is
in excess of l 0 ft. in height.
SIGN, TEMPORARY. A sign that is to be displayed only for a short time which
isn't permanently attached to the ground or a building, which is larger than 32 sq.
ft. and which doesn't fit the definition of a portable sign. For purposes of this
section, permanently attached includes such means of attachment as bolts,
concrete footing or foundation or similar such devises. All signs on wheels are
temporary signs; temporary signs shall not in~lude real estate signs and potitical
~~~~~
-
ON-PROPERTY SIGN. A sign advertising activity conducted on the property on
which it is located; includes a sign which identifies the establishment's principal
. product or services offered on the premises.
FAR.l'v1 SIGN. A sign located on farm property which identifies the farm or its
products produced on that fann.
(3)
GENERAL PROVISIONS.
(a) Permit Required. No person shall erect or maintain any sign without first
obtaining a permit, except no permit is required for the following signs
provided they otherwise comply with the requirements of this section:
1. Political campaign signs
2. Real estate 11 FOR SALE"
3. Memorials embedded in another structure
4. Holiday and celebration
5. Traffic control and other To'Nll regulatory and information
· 6. Park
7.· Advertising for one time functions and sales held by private individuals
and nonprofit organizations such as auctions or yard or garage saJes
8. Signs advertising a rural home occupation or home professional office as
defined in §l7.01(3)ofthis General Code.
9. Farm sign which:
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(b) Portable signs shall not exceed a height of 3 fl or exceed sign exposure of 32
sq. ft.
than
(c) One temporary sign shall be pennitted per business for not more
30 days
during a calendar year and have a sign exposure no greater than 32 ~· ft.
(d) A permit may be issued for a temporary sign when a
business is disrupted due to public construction for. a
suitable period in addition to the allowable 30 days.
(6)
APPLICATION PROCESS.
(a) Application for a sign permit shall be rnadclo the Town
Board or Designated Administrator and shall provide the
following information:
I. Name, address and telephone number ofapplicant;
2. Location of the building structure or lot upon which the sign is to be
attached or located;
3. Name of person, firm or agent erecting the sign
4. Written consent of the owner of the building structure
or land upon which the sign is to be erected;
5. Size of the sign's display surface material of which
the sign is to be constructed and the nature of the
information to be displayed on the sign.
(b) (Am. 8/21/95) The Town Board shall from time to time
set the fee which must accompany each application for a
sign permit
(c) Signs must ~ erected within 6 months from the date of
issuance of the permit or the permit shall be void.
(d) Any permit for a sign issued under this section shall
remain in effect for a period of 7 years. Upon expiration of
any sign permit an application can be made for a new
permit. The application shall be subject to the rules and
regulations of this section, as well as any other
regulations or ordinances of the Townt as are then in force.
(7)
SIGN REGULATIONS.
(a) Each property or activity is permitted no more than 64 sq.
ft. of sign exposure visible and designed to be read from
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"'I
(8)
POLffiCAL CAMPAJGN SIGNS. It shall be the
responsibility of the candidate or his desigrier, and the
--property owner, to insure that political campaign signs are
installed in compliance with these regulations:
. (a) No pennit shall be required for installation of a political campaign sign.
(b) All political campaign signs shall be erected on private property
(c) All political campaign signs shall be removed within 72-hours following the
election in which the campaign was intended.
(d) No political campaign sign shall be installed within the Town more than 70
days prior to the election.
(e) AU political campaign signs shall be installed with the use of staking or other
similar independent devices. No political campaign sign shall be attached to
trees, poles, traffic or natural structures.
(9)
NONCONFORMING SIGNS.
(a) A noncoriforming sign shall be allowed to continue in use but shall not be
·enlarged, replaced, relocated or altered, except to change message or content
of the sign, without being brought into compliance with requirements of the
section.
(b) Whenever a nonconforming sign is altered, repaired or damaged by fire,
·· explosion, wind, accident or other event in excess of 50% of it's market valuct
it shall not be altered, repaired or replaced unless !.he replacement sign
complies \Vith the provisions of this section.
(c) Nothing in the provisions of this section shal1 be construed as prohibiting
routine repair and maintenance of any sign.
(10) ENFORCEMENT AND ADMINISTRATION.
(a) The Town Board shall have primary responsibility for the enforcement of
these sign regulations and the issuance of sign permits.
(b) It -shall- be the responsibility of the Town Board or Designated Administrator
to inspect the erection of signs and assure that all signs are in compliance with
the requirements of this and any other appropriate rules, regulations and
ordinances ofthe Town.
17.14 ADULT ESTABLISHMENTS (Cr. 10117/05)
(I)
PURPOSE.
I TOWN OF RIVER FALLS
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however, that proclamation shall be subject to ratification by the County Board as soon as the
governing body can meet; and
WHEREAS, on July 8, 2016 the Pierce County Board Chairperson executed a Disaster
Declaration, a copy of which is attached hereto as Exhibit A, and incorporated herein; and
'VHEREAS, pursuant to Sec. 323.11 Wis. Stats., the period of emergency shall be limited to the
time during which the emergency conditions exist or are likely to exist; and
WHEREAS, the Finance and Personnel Committee, at its meeting on July 11, 2016, considered
the impact of the storm event, and the recommendation of the Emergency Management Director,
and took action to recommend that the County Board adopt a resolution ratifying the declaration
of disaster by the County Board Chair, to allow Pierce County to apply for Wisconsin Disaster
Funds, and that action be taken on a first reading.
NOW, THEREFORE BE IT RESOLVED, by the Pierce County Board of Supervisors that the
Disaster Declaration executed by the County Board Chair on July 8, 2016 is hereby ratified, and
the period of emergency shall be limited to the time during which the emergency conditions exist
or are likely to exist.
Dated this 26th day of July, 2016.
Jeffrey A. Holst, Chair
Pierce County Board of Supervisors
ATTESTED TO BY:
APPROVED AS TO FORM AND LEGALITY BY:
Jamie Feuerhelm, County Clerk
Bradley D. Lawrence, Corp. Counsel
Adopted: - - - - - - - -
Jamie Feuerhelm <[email protected]>
F&P Request Form
[email protected] <[email protected]>
Fri, Jul 8, 2016 at 11:51 AM
To: jamie.feuerhelm@co. pierce. wi. us, joann. miller@co. pierce. wi. us, julie. brickner@co. pierce. wi. us,
[email protected], [email protected]
Thank you for submitting request
Response summary
Timestamp
Fri Jul 08 2016 12:51:12 GMT-0400 (EDT)
Username
gbrown@co. pierce. wi. us
Meeting Date
2016-07-11
Agenda Item
Discuss and take action to approve Disaster Declaration for July 5 ,2016 storms
Requesting Agency
Emergency Management
Background
A severe storm occurred on the evening of July 5, 2016 including a tomado,heavy winds and torrential rainfall
which caused extensive damages to Nugget Lake Park and flash flooding with damage to roads in Pierce County.
A disaster declaration is required to qualify for Wisconsin Disaster Funding through the Wisconsin Emergency
Management Agency. The County Board Chair signed the declaration on July 8, 2016 and needs to be approved
by resolution by the County Board at the next official meeting.
Staff Recommendation
Approve the disaster declaration signed by the County Board Chair on July 8, 2016.
Recommended Motion: (Motion by seconded by to approve and authorize)
to approve resolution to approve Disaster Declaration
Motion by
Seconded by
Requestor's email address
gbrown@co. pierce. wi. us
RESOLUTION NO. 16-05
AMEND PERSONNEL POLICY TO MAKE CHANGES TO
PAID TIME OFF (PTO) AND PERSONAL LEAVE SICK BANK (PLSB)
WHEREAS, §4-21 of the Pierce County Code addresses amendments to the Pierce County
Personnel Policy as follows:
"The Pierce County Personnel Code shall be. maintained under the guidance,
direction and policymaking supervision of the Finance and Personnel Committee,
which shall have the authority to amend the code from time to time, to conform its
provisions with current personnel policies as devised by the Board and Finance
ap.d Pers9nnel Committee, collective bargaining agreements and other contracts .
. Amendment to the Pierce County Code shall require approval of the Board."; and
WI-IEREAS, the Personnel Policy further states in Article III Section B that the County Board
shall authorize by resolution any amendments to the Personnel Policy; and
WHEREAS, the purpose of a code of personnel policies and procedures, as set forth in Article I,
Section A of the Personnel Policy, is to create a guide for the effective administration of both
supervisory and non-supervisory staff, with the goal of advancing understanding between the
County and its employees; and
WHEREAS, changes are being made to certain employee benefits, specifically paid time off
(PTO) and personal sick leave bank (PSLB) accumulation and payout provisions are being
revised in order to assure compliance with IRS regulations; and
WHEREAS, the Finance and Personnel Committee, at its meeting on June 6, 2016, reviewed the
proposed policy revisions and recommended that the County Board amend the Personnel Policy
as set forth in the attached Exhibit A.
NOW THEREFORE, BE IT RESOLVED, that the Pierce County Board of Supervisors
hereby amends the Pierce County Personnel Policy as recommended by the Finance and
Personnel Committee, set forth in the attached Exhibit A
Dated this 28th day of June, 2016.
Jeffrey A. Holst, Chair
Pierce County Board of Supervisors
·ATTESTED TO BY:
APPROVED AS TO FORM AND LEGALITY BY:
Jamie Feuerhelm, Co1:mty Clerk
Bradley D. Lawrence, Corp. Counsel
Adopted: ----------------
·~L
Annual PTO Options. On the first day of each year the employee has the option of
placing 14P to 96 hours (full time) or 11.. 8 hours (part tin1e) into the Personal Sick
Leave Bank. The en:ployee also has the option of taking up to 11.. 8 hours (full
tin1e) or 24 hol-1rs .(part time) in a cash payn1er..t at the rate of pay on Dece1nber
31. The cash payout is available only for employee vvith a balance of at least 9 6
hears (full time) or 48 hours (part time) in their accounts. PTO hours up to
the maximun1 accun1ulation may be cirried over into the follo1vving year. If an
employee does not indicate a choice all PTO hours up to the account maximun1
vrill be carried forvvard. On or before Dece1nber 31 of each year, an employee may
make an irrevocable election that for the follovving calendar year, hours of PTO that
the en1plovee accrues but does not use orior to July 1 of that calendar year will be
cashed out and payable as of the last pay period of July.
Full-time employees electing to cash out accn1ed PTO vvill have cashed out only
those hours accrued in the applicable calendar year that exceed 96 hours of the
employee,s total accrued PTO. and only up to a n1axin1um of 48 hours. Part-tin1e
en1ployees electing to cash out accrued PTO vvill have cashed out only those hours
accrued in the applicable calendar year that exceed 48 hours of the employee's
total accued PTO, and only up to a rnaximun1 of 24 hours.
If an employee n1akes this election, any PTO an employee uses in the accrual year
will be subtracted first from hours carried forward from the previous year, then
from any newly accrued PTO for which the cash-out election would not apply. orior
to newly accrued PTO subject to the cash-out election.
Termination in Good Standing. An employee who is tenninated for nondisciplinary reasons, retires, or otherwise voluntarily leaves terminates
employment with th-e Pierce County in good standing is will be paid upon
termination for all accrued but unused PTO and PSLB time hours remaining in
the en1ployees account. This payment will be made as one lump-sun1 and
processed as part of the applicable pay period. In addition, employees are
eligible for payout of 1/2 of accumulated PSLB hours up to the follo\ving
maxiinums: 8 10 years of service, 160 ho:.~rs (80 PT); 11 15 years of serlice, 320
hours (160 PT); 16.; years of service, 180 hours (240 PT).
Retiren1ent. 1\n en1ployee vlho retires (immediately receives a pension fron1 the
·vvisconsin Retirement System) has the option of recei'ling a payout of 1/2 of
accun1ulated PSLB hours to the n1axin1um of 640 hour (full tilne) or 320 hours
(part tin1e). The employee also has the option of converting all PSLB hours to a
cash equi,.ialent to pay :for continuation of health insurance based on the
en1ploype's last hourly rate of pay provided the employee participated in tb.e
health insurance program for 12 full months prior to retiren1ent The payout
options are also a>Jailable to the spo:.:se ·in the case of death or disability of the
en:ployee. If there is no spouse, of it the spouse dies any unused benefits revert to
the county. En1ployees and surviving spouses can continue on the health
insurance program after the benefit has been used provided tl"..e ernployee or
2
Pierce County Finance and Personnel Committee
Meeting Date: J'une 6, 2016
Agenda Item.
Discuss/Take action on amendment to Pierce County Personnel Policy. to make changes to the
Paid Time Off/Personal Sick Leave Bank provisions
Requesting Agency:
Administration
Requested Action:
Recommend approval of an amendment to the Pierce County Personnel Policy to address
compliance issues regarding constructive receipt
Background:
Attached are several background memos explaining the origins of this issue (memo dated
November 2, 2015), outcome of a _policy review regarding '?onstructiv:e receipt (memo dated_
April 4, 2016) and direction from the Finance and Personnel Committ~~- to ·address thes-e issues
(memos dated April4 and May 2, 2016, and minutes from those meet~gs7 .. TN:f~endment to
the Pierce County Personnel. Policy reflects the changes approved by the :Emar_ic.i~::~m."~l:Personnel
Committee as outlined in the attached documents.
. :<::· .·..
Staff Recommendation:
. .
.. .·.
.
Recommend appr.ov~(:oft11,~·~menqment to th~ Pie{Q~::gJ..qitlftf.Per~op.p.~~ ~:p}t9.·y/_~· ~-::(.~.·~ ·:. ._·.·
Recommended
Motion:b~:;:: . ~i6·.:~P r6Ve .·~roPo~~d';i~J~l~lJ;'j~~re::~~o:::•Persoooel
Policy .aiid~·to·rwarcfto the. County Board for consideraiia·n.:·.~.
need for extended leave and not incur the higher payout. A rough estimate for a four to six
month benefit that would begin after four week would be $25,000 to $30,000 in annual premium.
Staff Recommendation:
The Committee previously decided to work toward eliminating PSLB and increasmg the cap on
PTO. The current PTO cap of 320 hours does not provide an adequate benefit should an
employee need an extended leave for health reasons. Other counties in the region with PTO
have established caps of 800 to 1,000 hours when there is no other provision for extended leave.
The previous staff recommendation was to increase the PTO cap to at least 640 hours.
Neighbormg counties with comparable policies have balances of 800 and 1,000 hours. This
balance creates a liability to the County when a PTO employee leaves. A decision is needed
from the Committee on where to set the cap.
In implementing any increase in the PTO cap for employees with a PSLB balance, PSLB hours
up to the amount of the increase.will be moved to that employee's PTO balance. This will begm
to eliminate PSLB and will prevent employees with high PSLB balances from growing the PTO
balance in addition to the PSLB. As employees either need to use PSLB or retire, PSLB will
eventually be eliminated.
Finally, in order to require separating employees to take PTO balances a$ ~. ~~i:r,fp.~$UID and not
run the balance. out over t4ne (thereby creating an additional expense ·rorths(c~o~ty'~~'.:retirement
contributions an~. h~alt)l pr~rP:lUm.s), it is recommend..~~:Jhe policy be .$.m.'y~d~4:,it<P~tO:'cannot be
used beyond the iasi ,~~i"·:~··')lfip~oy,ee actually worJ.<~~=:~~;:==· :·'·: ,. .~:·~.: :·:~:.·.·c;··,~~,~~~~,)\~~}:.:;:.
.. .
Recommended Mofiti~;·
--;..
~:
. .~.
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·. ··.. •,
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;
UNAPPROVED MINUTES OF THE
FINANCE & PERSONNEL COMMITTEE MEETING HELD
May 2, 2016- 4:00 p.m.
-
STATE OF WISCONSIN -}
COUNTY OF PIERCE
·
County Board Room
414 W. Main St., ELLSWORTH, WI
2016-05
1) Meeting Convened.
The Pierce County Finance & Personnel Committee met in the County Board Room of the Pierce County
Courthouse, Ellsworth, WI. County Board Chairman Jeff Holst called the meeting to order at 4:00p.m.
1a) Those Present.
.
A quorum -vvas established acknowledging 6 members present; 1 excused.
Members present:
Bill Schroeder
District # 14
Jon Aubart
District #3
District #7
_Jerry Kosin
District # 15
Scott Bjork
Dan Reis
District #13
Jeff Holst
District #16
Absent/Excused: Ken Snow
District #9
Also present: JoAnn Miller-Admin Coordinator, Brad Lawrence-Corp. Counsel, Jamie FeuerhelmCounty Clerk, Allison Preble-HR Manager, Jason Matthys-CbiefDeputy Sheriff, Wanda Kinneman. Insurance Coordinator, & Christine Hines-Register in Probate.
1b) Public Comment.
None.
2a-c) Consent Calendar.
Motion by D. Reis/J. Aubart to approve consent calendar items 2a-2c as presented, to include: minutes of
Apr. 4, 2016 as presented, & Treasurer's report; motion carried/passed unanimously.
3) Election of Chair Pro-tem
Nominations called for by Supervisor J. Holst. J. Holst nominated by J. Auba_rt. Supervisor J. Holst called
for other nominations; none given. Motion by D. Reis/J. Aubart to close nominations and cast a unanimous
ballot for J. Holst; motion carried/passed unanimously. Jeff Holst elected Chairperson pro-tem, and then
presided over election of Chairman.
4) Election of Chairman
Chairman Pro-tem J. Holst called for nominations of chairman. J. Holst nominated by J. Aubart. Chairman
Pro-tem J. Holst called for other nominations; none given. Motion by D. Reis/J. Aubart to close nominations
and cast a unanimous ballot for J. Holst; motion carried/passed unanimously. Jeff Holst elected Chairman,
who then presided over the remainder of the meeting.
5) Election of Vice Chairman
Chairman J. Holst called for nominations of Vice-Chairman. J. Aubart nominated by J. Kosin. Chairman J.
Holst called for other nominations; none given. Motion by D. Reis/B. Schroeder to close nominations and
cast aunanimous ballot for J. Aubart; motion carried/passed unanimously. Jon Aubart elected ViceChairman.
Finrince & Pet·sonuc.l Coi11mirtee > 05/02!16
Page 1
APPROVED MINUTES OF THE
FINANCE & PERSONNEL COMMITTEE MEETING HELD
April 4, 2016 - 4:00 p.m.
STATE OF WISCONSIN
COUNTY OF PIERCE
}
County Board Room
414 W. Main St., ELLSWORTH, WI
2016-04
1) Meeting Convened.
The Pierce County Finance & Personnel Committee met in the County Board RoOm of the Pierce County
Courthouse, Ellsworth, WI. Vice-Chairman Jon Aubart called the meeting to order at 4:01p.m.
1a) Those Present.
A quorum was·established acknowledging 5 members present, 2 excused .
. Members present:
District #14
Jon Aubart
District #3
Bill Schroeder
Jim Ross
District #10
District # 15
. Jerry Ko~in
Dan Reis
District #13
Absent/Excused: Ken Snow-District #9; Jeff Holst-District #16
Also present: Ruth Wood-Dist. #4, Brian O'Connell-Dist. #11, Dale Auckland-Dist. #12, JoAnn MillerAdmin Coordinator, Brad Lawrence-Corp. Counsel, Jamie Feuerhelm-County Clerk, Sue Galoff-PH
Director, Allison Preble-HR Manager, Julie Brickner-Finance Director, Rod Webb-Land Conservation
Director, & Andy Pichotta-Land Management Director.
1b) Public Comment.
None.
2a-c) Consent Calendar.
Motion by J. Kosin/J. Ross to approve consent calendar items 2a-2c as presented, to include: minutes of Mar.
7, 2016 as presented, & Treasurer's report; motion carried/passed unanimously.
3) Discuss/Take action to transfer County tax levy funds from 2015 Prenatal Care
Coordination account to general Public Health tax levy account
PH Director S. Gal off explained the Department was requesting a transfer of funds from the 2015 Prenatal
Care Coordination program where funds were not & will not be expended, to the Public Health general tax
levy account to avoid an overdraft in other areas of the Department's budget. Motion by D. Reis/J. Ross to
transfer county tax levy funds fi·om the 2016 Prenatal Care Coordination account to the general Public Health
tax levy account in the amount of $20,000 to balance year end account, contingent upon approval of Board of
Health at its April20 16 committee meeting. Motion carried/passed unanimously.
4) Discuss/Take action to authorize Land Conservation Director to apply for Dept. of Natural
Resources Runoff Management Grant
LC Director ·R. Webb explained that department staff are working with local farmers to reduce phosphorus
runoff from farm fields & farmsteads in the Kinnickinnic River Watershed. He added that the Dept. of
Natural Resources has a grant program to assist farmers that are willing to address phosphorus runoff issues.
The prqposed resolution allows the Department to pursue such grant funds. Motion by J. Kosi-n/J. Ross .to
authorize the Land Conservation Director to apply for Dept. ofNatural Resources Runoff Management Grant,
to approve proposed resolution, & forward to County Board recommending approval; motion canied/passed
fin::lJlce & Personr1d Committee> 0<1/04/ I6
Page 1
any annual cash payout option for PTO. Employees would have to make sure they use their PTO
or they will not continue to accrue the time.
The second option is to allow employees to continue to do an annual cash payout under an
alternate method permitted by the IRS. The IRS does grant an exception to the "no choice"
principal by allowing employees an alternative annual PTO cash payout, but there are strict rules
for administering this option. The rules require that an employee wanting to choose a PTO cash
payout must make an irrevocable decision in "Writing during the previous calendar year to take a
payout in the following year. This is an option that could be easily incorporated into the
County's payroll system. Taxes would be paid upon distribution as is currently done, the only
difference being the employee needs to provide notice regarding the payout option much earlier.
The policy would reflect that if the employee is below a targeted minimum amount of PTO, the
cash out would not be allowed if the PTO balance to go below that amount. Please note that this
is not an option for a payout in 2016 since employees did not make these decisions in 2015. ·
Payments could be made in 2017 if decisions are made in 2016.
The third option for the PTO payout issue is to write into the policies specific parameters that
would require a payout. An example of this ~s any employee with a PTO balance greater than a
designated amount on a specific date will be paid out for a set number of hours (i.e., any
employee with a PTO balance greater than 300 hours on the first payroll in July vrill be subject to
a payout of 40 hours on the first payroll in August). Employees who do not want a payout must
keep their PTO balance low enough to avoid the payout. Tracking this method would be
difficult in our current payroll system and would involve a manual calculation. While the
County currently has only 53 employees on PTO, this could eventually be the system for all
employees, so the decision to opt for this method now could have a significant impact down the
road.
PSLB Solution
The second issue involving PSLB distributions at retirement is more difficult in part because it
involves benefit adrniriistration including preserv~g vested rights. The current choice at
retirement between a cash payout on a limited amount of PSLB or a full conversion for health
insurance is no longer an option. The "haircut provisions" which allow the partial payout or full
conversion were eliminated in Federal IRS 409a rules. In addition, to do a health insurance
premium account option for employees, the County must go under a Federal IRS 403b
provisions and set up an HRA (Health Reimbursement Arrangement) which must be done for all
employees, not just PTO employees. As a self-funded health plan, an HRA is not a viable
option. The only option the County has is to pay the full value of the PSLB (total hours x
employee's hourly rate at retirement) in cash at the time of separation, withholding all
appropriate taxes at that time. Employees can still opt to stay on the County health plan but
would have to make monthly payments to exercise that option.
Other Issues of Significance
These changes create two issues the Committee needs to consider. These issues are not mutually
exclusive. First, PSLB is now basically a retirement payout account. The requirement to payout
PSLB creates a significant expense for the County as there are currently 17,603 hours in PSLB
representing $623,427 at current salaries. Allowing PSLB to continue accumulating by allowing
PTO to move to PSLB only increases that liability. Careful consideration should be given as to
whether the County wants to continue to increase that liability. At a minimum, a cap on the total
PSLB amount allowed to accumulate could be considered. Another option is no longer allowing
any PTO to move to PSLB, thereby eventually phasing out PSLB.
Pierce County Finance and Personnel Committee
.Meeting Date: November 2, 2015
Agenda Item:
Discuss/Take action regarding PTO payouts
Requesting Agency:
Administration
Requested Action:
Provide direction regarding PTO payouts in light of IRS regulations on constructive receipt
Background:
Pierce County offers employees covered by the Paid-Time-Off policy the opportunity to cash in
a portion of the accrued time once a year in December. A full time employee may cash in up to
48 hours of PTO (24 hours for part time en1ployees) at the end of each year provided they have
an accrued balance of at least 96 hours of PTO for full time (48 for part time).
A recent IRS investigation in St. Croix County has raised taxatio.~ ·is~u~:.:?.n:)th,~?e types of
payouts. The i~sue is.. the..ab~lity to convert unused PTO to cash co~stit.:t+!Y.$:·~q·q,~~.t~qtive receipt
of these amounts and tha:f.causes .. payroll complexiti,i..s. ~Jor the emp1ojer~/,,:,A#~8h~~·:;,:i$.· 5"·an article
from The Nationai ·LaW ·~eview ori· the impact t9%:~Wlsconsin public· :.~hip16y.~rs. \'ap2k;~he IRS
regulation ori constnidi~~ te~eipt.
. · ·. · ·
· :_. .. · ' :-··
·.
Pierce County has abouf~:~·~·~mployees cover.ed. by·:·ft~:. :RTO··polky;· $o .the· boti~ty,.s exposure on
this is fairly small. M.y;:-:(ujderstanding is .:the .~~se . :rr.I.:;S.t~;Cioj~c. Cqunty:i~rcteb,~s.. b~yond the PTO
payouts a+id ..Yonstruc.Hvh;·:r~~~ipt. for exampl~., /St. ·.Ct0.Iif.d9U.J:.ity:4o~s·.:;~~ot is$ue tax information
on retir,~;*.§J~~l&.~~~~~,g~~!i:~~}i¢J.~~~~Rai@~ ~bil~~f~.~~:~£~!~~:BI¥~£~§.i::~hR~~~N.:~~;;;p ierc·~ County does. In
additi6n;~!aTt'5i . .neafry ~~'F~bf St. Croix CountY's empl6)Y6~s car.e·
·pto, making their exposure
much greqter than what Pf:~rce County would face. Hov/ever, the fact that th~re is a known risk
,\
and this deals with IRS reg\Ilations, I did look into.7;!,~~ i?sue further.
·on
As the attached information explains, the County's exposure is when employees eligible for the
payout opt not to take it and leave the PTO for use in the following year. Last year of the 53
people with PTO, 25 people took the payout. A couple of the people wouldn't be eligible for the
payout because they lack the minimum accrual required (96 hours). A rough calculation of the
amount of tax due in 2014 on the constructive receipt is $8,800. This is a relatively small
exposure until the penalty and interest would be applied. In visiting with St. Croix County we
were told that the Wisconsin Counties Association (WCA) is recommending the payouts not be
made this year due to the possible exposure - by not offering the payments, no constructive
receipt is created thereby eliminating the exposure for the County. I did call WCA to confirm
that was their recommendation and was referred to Mr. Andrew Phillips, attorney from the
Milwaukee based flrm Von Briesen & Roper who also serves as general counsel for the WCA.
In visiting with Attorney Phillips, I learned the penalty for this type of violation of IRS
regulations is typically a doubling of the amount that would have been due, plus added interest
from when the amount was due. This more than doubles the amount of exposure for the County.
In the St. Croix County investigation the IRS is going back three years.
Mr. Phillips also discussed with me that in some cases· there would not be an exposure because
the PTO policies do not create constructive receipt issue. His fi.rm is conducting audits for at
7a.
First Reading:
Ordinanc
o. 16-01 Amend
Chapter 172, Section 172-
-
-
15(8) of the Pierce County
·code - Parks & Recreation
Jamie Feuerhelm <[email protected]>
F&P Request Form
[email protected] <[email protected]>
Thu, Jun 23, 2016 at 2:30PM
To: [email protected], [email protected], [email protected],
brad.lawrence@co. pierce. wi. us, sgustafs @co. pierce. wi. us
Thank you for submitting request
Response summary
Timestamp
Thu Jun 23 2016 15:30:00 GMT-0400 (EDT)
Username
[email protected]
Meeting Date
2016-07-11
Agenda Item
Ordinance to amend Section 172, Section 172-15(B) of the Pierce County Code- Parks and Recreation (All
Terrain Vehicles and Routes)
Requesting Agency
Pierce County ATV Association
Background
The Pierce County ATV Association is proposing two new routes in Pierce County on the County Highway
System. They are: a. Town of Trenton, CTH VV from 230th Avenue to USH 63 (map attached) b. Town of
Hartland, CTH EE from 21 Oth Avenue to 620th Street (map attached) The proposed routes were addressed by the
Traffic Safety Committee on June 7, 2016. The Committee expressed concerns about crossing USH 63. Both
routes were approved by the TSC (draft minutes attached). The proposed routes were addressed by the Highway
Committee on June 16, 2016. There was a citizen present as well as a letter written opposing the CTH EE route.
The Highway Committee approved the CTH VV route only (draft minutes attached).
Staff Recommendation
Both routes are currently included in the proposed ordinance amendment. If F&P or the County Board desires to
not pass one or either of the routes, action needs to be taken to further amend the ordinance.
Recommended Motion: (Motion by seconded by to approve and authorize)
Ordinance amendment approval or further amendment at the discretion of the Committee.
Requestor's email address
[email protected]
The retention pond cost is missing from the Fleming Andre proposal. However, their proposal would
remain the lowest. Scbroeder/Bergseng motioned to accept the proposal from Fleming Andre. Motion
carried.
10. ·ATV Route Request:
a) An ATV Route on CTH VV from 230th Ave. to USH 63 is requested. Schroeder/Bergseng
motioned to allow the route with Schroeder, Bergseng and Auckland voting yes and Peterson and
Gulbranson voting no. ·Motion passed.
b) An ATV Route on CTH EE from 210th Ave to 620th St is requested. A letter was read from
620th Street resident Dennis Finstad, who is in opposition to this route. Citizen Gloria Dougherty was
present and also was not in favor of the increased traffic, noise and dust that would result from the route.
~Gulbranson!Peterson motioned to deny the route. Motion carried.
11. No1ihern Natural Gas: This item, to move a vent pipe to the edge of the Right of Way on the CTH V
project, is being deferred.
.
.
12. LDG Road School: This year's training will be held in Green Bay. Auckland/Schroeder motioned
to send up to four to the conference.
13. Outlying Shop Building Request for Proposal: Staff is working on the concepts and researching
options available within the building codes. Input will be sought from Walters, DSPS, Fleming Andre
and the Insurance Coordinator. No action at this time.
14. Protective Footwear: Options under OSHA Rules were reviewed. The Committee requests to know
what other Counties are doing.
15. StaffReports:
1) Commissioner: CTH M is still under design and is scheduled for 2017 work to begin. CTH
V will close in about a month. CTH J pipes are going in this week and likely to pave in
August. CTH DD design contract is executed. CTH 0 Safety Improvements are scheduled
for 2017. CTH U bridge will be in 2017. Staff is currently doing discretionary work on the
State system. A pot-hole patcher was demoed this week and another will be demoed next
week. Staff will be working in the Town of El Paso for the next 3-4- weeks. Six new
employees have started work. Another resignation has been received.
16. Future agenda items: Northern Natural Gas Reimbursement Agreement, RFP for Outlying Shop
results, purchase of used truck, update on new equipment and footwear program.
15. Next Meeting: Thursday, July 21st@ 8:30a.m.
16. Adjourn. At 10:35 a.m. Auckland/Schroeder motioned to adjourn the meeting. Motion carried.
I
B)
C)
_
D)
to roadway conditic:>ns. Matter will be referred back to HWY Commissioner Chad
Johnson to contact resident who made the complaint to advise there was no action
taken due to lack of crash information substantiating the accidents were caused by any
roadway or sign age factors. All accidents document within last five years were either
weather or driver related factors.
CTH 5 Accident History. Sheriff and Highway Department members have received
complaints from a resident on CTH 5 north of Maiden Rock regarding people leaving the
roadway on that curve and ~am aging his yard. Pierce County Highway Department had
previously conducted a ball bank study of the curve as a result of that study additional
sign age was put into place as well as added patrol efforts. No further action will be
taken in regards to this complaint.
CTH P Fatality. Discussion in regards to the fatality on CTH P, which was in Dunn County
not Pierce County. Per State Patrol Representative at Meeting Mike Marks, he had
investigated that crash and accident was due to excessive speed and lack of seat belt
use by driver. Roadway was not a factor.
_
_
Chad Hines from WI DOT discussed State traffic p-rojects within Pierce County for 2016.
5TH 29 will be resurfaced between STH 65 & HWY 63 starting June 13, 2016. STH 72
will be resurfaced between HWY 63 & CTH BB. Start date not given.
WI DOT Updates:
Sheriff Hines discussed information passed on by Randy Weissinger regarding WI DOT Updates.
Crash history for 2nd quarter was slightly lower than first quarter, however, higher than same
time frame from 2015. WI Law of the Month is Drugged Driving. Information provided by
Randy was forwarded by email to attending committee members.
Next Meeting Date: September 14, 2016 .
Future
a)
b)
c)
Agenda Items:
Sign update regarding business signs at Courtesy Auto and Crossroads Church
Pierce County Fatalities Update
State Traffic Project updates
Motion to adjourn by Gary Brown,
2nd
by Eric Ladwig, approved carried.
Roadrunner. Web
6/8/2016
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a.
Ordinances for Second
Reading: None .
•
APPOINTEMENTS:
ADRC
•
verning Board:
Wendy Wegerer; term 3 yrs. 06/2016 - 06/2019 ..
Representing individuals with physical disabilities ..
County Board
I am writing in regards to the request by the ATV Club to open CTH EE from 210th
ATV route.
I oppose the opening of EE in this area.
I live on 620th St. I feel this will generate more ATV traffic on 620th St.
Obviously this will be a connecting route from one area to another. Presently an ATV on 620th St. has
the only option of accessing 650th St., which limits the amount of use.
Using this section of EE in Hartland Township will connect other townships to one another.
One example being Salem Township to Trenton Township, by going thru Hartland Township on 620th St ..
620th St. is a narrow, winding road with many blind corners. Increased ATV use will make this a more
difficult road to travel. Not to mention the noise and the dust.
I have opposed ATV usage on 620th St. in the past as the ATV Club knows.
Please consider my concerns in your decision.
Resident
Dennis Finstad
N2921620st
Bz:3
i
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