SEPTEMBER COUNTY BOARD SESSION EVENING SESSION SEPTEMBER 18, 2007

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1 SEPTEMBER COUNTY BOARD SESSION EVENING SESSION SEPTEMBER 18, 2007 The Calumet County Board of Supervisors met pursuant to Section 59 of the Wisconsin Statutes in an adjourned session at the Courthouse in the City of Chilton, Wisconsin, on Tuesday, September 18, 2007 at 7:00 P.M. to transact any and all business as may properly come before said meeting. Chair Gentz called the meeting to order at 7:00 P.M. The Clerk called the roll and all members reported present except for Supervisor Stecker, who was excused to attend the National Association of Local Boards of Health and Supervisor Krause, who arrived at 7:05 P.M. Also present were County Administrator, William Craig, Corporation Counsel, Pamela Captain, and County Clerk, Beth A. Hauser. The Chair asked the Supervisors and guests to join him in repeating the Pledge of Allegiance to the Flag. Moved by Supervisor Scholz and seconded by Supervisor Lehrer to approve the agenda as presented. Motion carried unanimously. Moved by Supervisor Connors and seconded by Supervisor Lehrer to approve the minutes of the August 21, 2007 meeting as presented. Motion carried unanimously. PETITION: There were no petitions. COMMUNICATIONS: 1. Brown County Resolution requesting that Congress amend federal regulations to prevent the loss of federal entitlement benefits. Referred to the Protection of Persons and Property Committee. 2. Vilas County Resolution opposing 2007 AB 438 related to reducing the number of counties from 72 to 18 or fewer. Referred to the Legislative Committee. 3. Vilas County Resolution requesting federal action to enforce existing immigration legislation. Received and placed on file. 4. Oneida County Resolution offered by Supervisor Paul Dean opposing the release of aquatic invasive species from ocean going ships in the Great Lakes. Received and placed on file. 5. Marquette County Resolution urging passage of the Wisconsin State Budget. Referred to the Legislative Committee. 6. Ozaukee County Resolution opposing the State of Wisconsin Emerald Ash Borer Response Plan. Referred to the Land & Water Conservation Committee. The following citizens sent correspondence relating to the wind turbine issues (All were received and placed on file): 7. Terri Cummings 8. Daniel and Barbara Vollmer 9. Candy and Matt Gehl 10. Pat Lisowe 11. Kathy Meyers 12. Mary L. Pattermann 13. Mary Nelesen 14. Alice Altmann 15. Martha Woelfel

2 16. Donna Kuba 17. Peter Hofmeister 18. Andrew and Connie Gehl 19. Marcie Beyer 20. Nathan Beyer 21. Barbara Ott 22. John R. Ott 23. Sarah Gebhart 24. Dan Hedrich 25. Nicole Pingel 26. Adam Pingel 27. Dana Backus 28. Christine Pingel 29. Jim Pingel 30. Sue Schenkus 31. Gregory Schenkus 32. DuWayne Klessig 33. Ronald Dietrich 34. Dick Ludwig 35. Brenda Ludwig 36. Bob and Mary Brandt 37. Dick Ludwig (Beech Ridge Energy Wind Project) The following s were received (received and placed on file): 38. from Jane Gehl regarding Wisconsin Natural Acres Worldwide CNBC feature from Rep. Bob Ziegelbauer thanking the Board for their thoughts on the Video Competition Act (Cal. Co. Resolution ). The following items were received after the County Board packets were mailed (received and placed on file): 40. Informational packet from Sandra Popp concerning a study done by Dr. Amanda Harry regarding wind turbines, noise and health. An individual copy was mailed to each supervisor by Ms. Popp. 41. Letter from Tammy Pethan and Rob Ash, Co-Chairs of the Crafty Apple Fest, thanking the County and Mike Ottery for allowing the Apple Fest to be held on the Highway Department grounds. 42. Letter from Herb Buhl regarding concerns with the potential construction of wind turbines in the county. 43. Letter from Sue Schulz regarding concerns with groundwater issues and the possibility that wind towers could contaminate the water supply further. 44. Letter from Delphine Farvour regarding wind turbine concerns. PUBLIC PARTICIPATION: The following citizens addressed the Board: 1. Ervin Selk regarding ethics violations and conflicts of interest of supervisors. 2. Mike Popp regarding wind turbine concerns and the need for a moratorium. 3. John Ott regarding wind turbine concerns and the need for a moratorium. 4. DuWayne Klessig regarding wind turbine concerns. 5. Jerry Nett regarding wind turbine concerns and the need for a 1-year moratorium. 6. Kelly Owens regarding a computer-enhanced picture showing wind turbines in the Town of Brothertown. (The picture is made a part of the County Board file.) 7. Trisha Propson regarding a map showing residences within a 16 square mile area in the Town of Brothertown. 8. Don Bangert regarding a need for a moratorium on wind turbines. 2

3 9. Sue Ludwig regarding smart growth/land use/agricultural preservation. 10. Kurt Bjurlin from Eco Energy regarding moratorium not needed. Specific amendments to the ordinance should be proposed and debated on the board floor. 11. Grace Kunz requesting 1-1/2 mile setbacks and a moratorium. 12. Ronald Dietrich regarding a moratorium for 180 days to 1 year. 13. Jay Van Asten regarding Calumet County s water issues and how wind turbines will create additional water problems in the County. 14. Sam Gieryn, representing the Calumet Homestead workers, is disappointed the county is selling the Calumet Homestead. 15. Gerry Karls regarding landowners rights and the need for a moratorium. 16. Dan Lisowe supporting wind energy. 17. Wayne Steffen supporting wind energy. 18. Anita Popp supporting a moratorium for wind turbines. 19. Martin Rudy supporting a moratorium for wind turbines. 20. Doug Schulz supporting a moratorium for wind turbines. 21. Judy Parker regarding information from the Lincoln Township moratorium committee. 22. Michael Carney, a professional geologist in Wisconsin working through STS Consultants in Green Bay, stating that the construction of wind turbines does not increase groundwater contamination. 23. Steven Shimek STS Consultants stating that the construction of wind turbines does not increase groundwater contamination. 24. Karen Van Asten supporting a moratorium on wind turbine construction to further research groundwater issues. Moved by Supervisor Sommers and seconded by Supervisor Draheim to move Ordinance prior to Resolution on the agenda. General discussion followed. On the call of the ayes and nays to amend the agenda to move Ordinance prior to Resolution , the following was the result: 20 votes cast: 20 ayes, 0 nays, 1 absent (Stecker). Motion carried unanimously (voice vote). At 8:25 P.M., Supervisors Criter and Scholz asked to abstain from Ordinance and left the Board Room. ORDINANCE: ORDINANCE ORDINANCE TO AMEND THE CALUMET COUNTY CODE OF ORDINANCES CHAPTER 79 OF ORDINANCE The Board of Supervisors of Calumet County does hereby ordain as follows: 1. Chapter 79, by adding Article VI, Section 79-87, as follows: Sec Moratorium. ARTICLE VI. MORATORIUM A moratorium on the receipt of applications and the granting of permits under this chapter is hereby enacted for a period of one hundred twenty (120) days from the date this ordinance is passed by the County Board and published as provided by law or until the County Board adopts amendments or rescinds this ordinance, or both. The purpose of the moratorium is to review and modify this chapter to preserve and protect the public health and safety, and to protect property rights of all county residents and landowners. 3

4 A moratorium will allow the investigation of issues identified below to determine if there is sufficient reason to amend this chapter. The issues to consider during the moratorium are: 1. Public Health and Safety. a. Groundwater impact study to determine what effect the construction of wind energy facility will have in the karst area; b. Whether to lower the noise signature to 40 dba at a residence given the current limit is no more than 50 dba at a residence and at least one company has projected noise levels to be only 40 dba at 1000 feet, 35 dba between 1000 and 2000 feet; c. Shadow or flicker and whether there should be a pre-project modeling of the impacted areas and relocation of a facility or shutdown of a facility during problem periods to eliminate shadow and flicker from impinging upon existing or proposed homes. 2. Property Rights. a. Setbacks and whether a setback of 1150 feet from residences and property lines should be considered unless impacted owners agree to a variance based on turbine manufacturer standards not to install units closer than 350 meters (1137 feet) from any residence due to known concerns. Also giving consideration to whether property rights are usurped if a facility is located less than 1000 feet from a property line; b. A provision to protect the land and home values of current landowners and residents. 2. This amendment to the Code of Ordinances shall take effect upon passage and publication as provided by law. Dated this 18 th day of September INTRODUCED BY: /s/ Donald Schwobe, Supervisor /s/ Donald Sommers, Supervisor /s/ Kristopher Krause, Supervisor COUNTERSIGNED BY: /s/ Merlin Gentz, County Board Chair Moved by Supervisor Schwobe and seconded by Supervisor Sommers to enact Ordinance General discussion followed. At 8:55 P.M., Chair Gentz stepped down and Vice Chair Barribeau took over the meeting. Moved by Supervisor Connors and seconded by Supervisor Ballering to amend Ordinance in Section Moratorium, 2 nd paragraph as follows: to delete the words identified below and add the words raised since the adoption of Chapter 79 so that the paragraph reads as follows: The purpose of the moratorium is to review and modify this chapter to preserve and protect the public health and safety, and to protect property rights of all county residents and landowners. A moratorium will allow the investigation of issues raised since the adoption of Chapter 79 to determine if there is sufficient reason to amend this chapter. General discussion followed. On the call of the ayes and nays to amend Ordinance as outlined above, the following was the result: 18 votes cast: 14 ayes, 4 nays (Dietzen, Laughrin, Lehrer and Schuh), 2 abstained (Criter and Scholz), 1 absent (Stecker). Motion to amend was carried.

5 On the call of the ayes and nays to enact amended Ordinance , the following was the result: 18 votes cast: 12 ayes, 6 nays (Barribeau, Dietzen, Lehrer, Leonhardt, Phipps and Schuh), 2 abstained (Criter and Scholz), 1 absent (Stecker). Ordinance was enacted. Supervisors Criter and Scholz returned to the Board Room. At 9:25 P.M., Chair Gentz resumed chairing the meeting. RESOLUTION: RESOLUTION RESOLUTION AUTHORIZING THE SALE OF THE CALUMET HOMESTEAD TO RICE PARTNERSHIP LLC To the Honorable Chair and Board of Supervisors of Calumet County, Wisconsin: WHEREAS, On December 19, 2006, the County Board, through Resolution , authorized the County Administrator, Calumet Homestead Board and the Public Grounds Committee (Joint Committee) to jointly explore the options for structuring the sale of the Calumet Homestead, and WHEREAS, On February 20, 2007, the Joint Committee reported back to the County Board its recommendation to sell the Calumet Homestead and initiate negotiations with a broker and obtain an independent appraisal and the County Board adopted the recommendation by Resolution , and WHEREAS, The Public Grounds and Property Committee authorized the engagement of Marcus & Millichap Real Estate Investment Brokerage Company, to pursue the sale of the Calumet Homestead, and WHEREAS, Several Letters of Intent to Purchase the Calumet Homestead were received and reviewed by the Joint Committee, with referral of Rice Partnership to the Calumet County Board of Supervisors, and WHEREAS, On July 9, 2007, at a special meeting, the Board of Supervisors decided to pursue negotiations toward a purchase agreement with Rice Partnership, and WHEREAS, Rice Partnership has submitted a Asset Purchase Agreement for consideration by the County Board, and WHEREAS, The Joint Committee having received and reviewed the Asset Purchase Agreement of Rice Partnership recommends acceptance of the Agreement upon terms acceptable to the Corporation Counsel, and WHEREAS, The Board of Supervisors after having reviewed Rice Partnership s letter of intent, credentials and proposed Asset Purchase Agreement, believe the best interests of Calumet County will be served by transferring ownership of the Calumet Homestead to Rice Partnership. NOW, THEREFORE, BE IT RESOLVED That the Calumet County Board of Supervisors herein assembled, authorizes the sale of the Calumet Homestead operation, facility and real estate to Rice Partnership LLC. BE IT FURTHER RESOLVED That the Calumet County Board of Supervisors accepts the Asset Purchase Agreement of Rice Partnership LLC upon terms acceptable to the Corporation Counsel. 5

6 BE IT FURTHER RESOLVED That the County Administrator is authorized to execute any and all documents to effectuate this Resolution, including an Asset Purchase Agreement and Deed. Dated this 18 th day of September INTRODUCED BY THE PUBLIC GROUNDS AND PROPERTY COMMITTEE /s/ Kenneth Draheim, Chair /s/ James Lehrer /s/ Jerry Criter /s/ Donald Schwobe AND INTRODUCED BY THE CALUMET HOMESTEAD REHABILITATION CENTER BOARD /s/ Raymond Brock, Chair /s/ Alice Connors /s/ Jerry Criter /s/ Bill Scholz COUNTERSIGNED BY /s/ Merlin Gentz, County Board Chair Moved by Supervisor Brock and seconded by Supervisor Lehrer to adopt Resolution General discussion followed. At 9:32 P.M., moved by Supervisor Laughrin and seconded by Supervisor Draheim to go into Closed Session according to Wis. Stats (1) (e) for competitive and bargaining reasons to discuss sale strategy. Motion carried unanimously. At 9:59 P.M., moved by Supervisor Connors and seconded by Supervisor Dietzen to return to Open Session. Motion carried unanimously. Corporation Counsel reviewed the Asset Purchase Agreement from Rice Partnership with the Board. On the call of the ayes and nays to adopt Resolution , the following was the result: 20 votes cast: 13 ayes, 7 nays (Dietzen, Draheim, Koenig, Laughrin, Schwobe, Sommers and Stillman), 1 absent (Stecker). Resolution was adopted. SUPERVISORS REPORTS: Supervisors were asked to report on their committee activities since the last meeting of the Board. Congratulations to Supervisor Alice Connors for her nomination as 2 nd Vice President of the Wisconsin Counties Association. Congratulations to Deb Reinhart, Tax/Real Property Clerk for being named the World Dairy Expo Woman of the Year. NEXT MEETING: Supervisors were reminded that the next County Board meeting would be October 29, 2007 at 8:30 A.M.

7 REPORT OF THE CORPORATION COUNSEL, PAMELA CAPTAIN: 1. General discussion regarding request to pursue legal action to recover delinquent taxes and costs from James W. McNeely and Alice M. McNeely. Moved by Supervisor Leonhardt and seconded by Supervisor Stillman to grant permission to Corporation Counsel to pursue any legal action necessary against James W. McNeely and Alice M. McNeely to recover delinquent taxes and costs. Motion carried unanimously (voice vote). 2. General discussion regarding the following claims filed against Calumet County: Nelesen, et al v. Calumet County, Case #06-C-1239 West Bend Mutual Ins. Co. v. Calumet County, Case #07-CV-206 ADJOURNMENT: Moved by Supervisor Draheim and seconded by Supervisor Scholz to adjourn the meeting at 11:07 P.M. Motion carried unanimously. STATE OF WISCONSIN ) COUNTY OF CALUMET ) ss I, Beth A. Hauser, County Clerk, Calumet County, Wisconsin, do hereby certify that the foregoing is a true and correct copy of the journal of proceedings of the Board of Supervisors at its September meeting held on September 18, Beth A. Hauser, Calumet County Clerk 7