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Draft Minutes of the November 5, 2020, Administration Committee Meeting, Sawyer County Board of Supervisors

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Sawyer County

Agenda

Administration Committee Meeting

Thursday, December 10, 2020 @ 10:00 AM

Assembly Room/Virtual Meeting

Page

1. CALL TO ORDER

a. The public is strongly encouraged to access the public meeting

remotely due to public health and safety concerns. To view or

participate in the virtual meeting from a computer, iPad, or

Android device please go to https://zoom.us/j/92546130740. You

can also use the dial in number for listening only at 1-312-626-

6799with the Webinar ID: 925 4613 0740. If additional assistance

is needed please contact the County Clerk's Office at 715-634-

4866 prior to the meeting.

b. If you are on a computer, click the "Raise Hand" button and wait

to be recognized.

c. If you are on a telephone, dial *9 and wait to be recognized.

2. CERTIFICATION OF COMPLIANCE WITH THE OPEN MEETINGS

LAW

3. MEETING AGENDA

4. PUBLIC COMMENTS

5. MINUTES FROM PREVIOUS MEETING

3 a. Admin 11-5-2020

6. VETERANS SERVICE DEPARTMENT REPORT

4 - 7 a. Veteran Service Office Report December 11, 2020

7. INFORMATION TECHNOLOGY DEPARTMENT REPORT

8 a. IT Report - Administration Committee

8. HUMAN RESOURCES REPORT

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9. COUNTY ADMINISTRATOR'S REPORT

10. COMPREHENSIVE COMMUNITY SERVICES DISCUSSION ONLY

11. PUBLIC HEALTH ORDINANCE - DISCUSSION ONLY

9 - 24 a. 2020-09-30 REDLINE - Ch. 3 PH Ordinance

2020-10-01 Resolution re_ PHO Ordinance Ch. 3 Revision

12. SUPPORT LEGISLATION FOR TRANSPORATION AID TO

COUNTIES AND MUNICIPALITIES WITH TRIBAL FACILITIES -

DISCUSSION AND POSSIBLE ACTION

25 - 26 a. Letter to Governor Evers - County Budget Amendment

13. FUTURE AGENDA ITEMS

14. OTHER MATTERS FOR DISCUSSION ONLY

15. CLOSED SESSION

a. Closed Session - pursuant to Section 19.85 (c) Wisconsin

Statutes, to review the current contract of the Sawyer County

Administrator Contract. The committee may reconvene into open

session and may announce or take action on matters discussed

in the closed session.

A quorum of the County Board of Supervisors or of any of its committees may be present at this

meeting to listen and observe. Neither the Board nor any of the committees have established

attendance at this meeting as an official function of the Board or committee(s) or otherwise made a

determination that attendance at the meeting is necessary to carry out the Board or committee’s

function. The only purpose for other supervisors attending the meeting is to listen to the information

presented. Neither the Board nor any committee (other than the committee providing this notice and

agenda) will take any official action with respect to this noticed meeting.

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Draft

Minutes of the November 5, 2020, Administration Committee Meeting, Sawyer County Board of

Supervisors

Members present: Tweed Shuman, Ron Kinsley, Tom Duffy, James Schlender, Dale Schleeter (10:08)

Others present: Tom Hoff, Carol Williamson, Rose Lillyroot, Mike Coleson, Gary Elliott, Dianne Ince-V,

Sherry Machones-V, Donna Knuckey-V

Shuman called the meeting to order at 10:00 and welcomed Tom Duffy to the Administration

Committee.

Motion by Schlender, 2

nd

by Kinsley, to approve the minutes from the October 8, 2020 meeting. Motion

carried

Veteran’s Service Officer Gary Elliott provided a written report to the Committee. The Veteran’s Service

Office did 356 phone calls, 64 office visits in October. Training is up to date. Elliott provided the Sawyer

County Veterans Service Office 2019 Annual Report to the Committee.

Information Technology Director Mike Coleson provided a written report to the Committee on projects

completed, in progress, and pending. Numerous computer setups; 5-10 helpdesk calls each day.

Installed Intrusion software and replaced Jail inmate phone system.

Human Resource Coordinator Rose Lillyroot provided a written report to the Committee. Recruiting for

open positions. Dealing with active COVID cases within County personnel. CCS Service Facilitator

resigned. Committee questioned why the county cannot keep the position filled. Per Lillyroot the note

taking and documentation is quite stringent. Position should be generating revenue. The County is

changing the vendor for the administration of the HRA and FLEX programs. Virtual open enrollment

scheduled for November 12. There will be some plan changes to be compliant with Federal rules.

Administrator Hoff reported to the Committee. 2021 Budget Public Hearing tonight; adoption by the

County Board November 10. Working with Directors to handle work areas and COVID issues. The

Families First Law allows 80 hours of emergency sick leave. The law excludes EMS, Public Health, and

Law Enforcement employees which are considered Essential employees. The County is providing 80

hours for the essential employees. 32 employees have used the COVID sick time due to having COVID or

being exposed. Investigation into the high water on Perch Lake which is a seepage lake. Report from

engineers found the County Hwy B work did not cause the high water. The County is helping work

toward a solution. The 5

th

Street and California Agreement is on the City of Hayward meeting agenda

November 9. Potential settlement in the Opioid law suit. Continue to look into legislation regarding high

cost placements for mental health issues. All 72 counties meeting November 16 to discuss. These costs

use to be state funded. Justice Point meeting with LCO Tribal Governing Board November 9 and Criminal

Justice Coordinating Council meeting November 10.

Future Agenda items: Public Health Ordinance

Meeting adjourned 11:08 am

Minutes prepared by Carol Williamson

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Gary Elliott

Veteran Service Officer

OFFICE: (715) 634-2770 FAX: (715) 638-3213

Sawyer County

Veteran Service Office

15872 E. Fifth Street Hayward, WI 54843

Administrative Committee Meeting, December 10, 2020 A. Budget Performance Report: Attached.

B. Office Report: Contacts:

November: 365 phone calls, 142 letters/emails/faxes and 63 office visits. VA Disability Compensation/Pension Claims:

~

WYER

UNTY

- -

The Veteran Service office submitted 59 disability/pension claims to date and received retroactive payment of

$325,150.62 for claims decided in the Veteran's favor. Training: Up to date.

Respectfully submitted,

ann ~

~CJ8A

Gary Elliott

cvso

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0 Budget Performance Report

Fiscal Year to Date 12/02/20

Include Rollup Account and Rollup to Account

Adopted Budget Amended Current Month YTD YTD Budget -YTD % Used/

Account Account Description Budget Amendments Budget Transactions Encumbrances Transactions Transactions Rec'd Prior Year Total

Fund 100 - General Fund REVENUE

Department 57 - Veteran's Administration

46250 Veterans' Trans. Fees 9,000.00 .00 9,000.00 .00 .00 1,150.00 7,850.00 13 4,975.00

49220 Transfer From Spec. Rev. Fund 4,000.00 .00 4,000.00 .00 .00 4,000.00 .00 100 4,000.00

Department 57 - Veteran's Administration Totals $13,000.00 $0.00 $13,000.00 $0.00 $0.00 $5,150.00 $7,850.00 40% $8,975.00

REVENUE TOTALS $13,000.00 $0.00 $13,000.00 $0.00 $0.00 $5,150.00 $7,850.00 40% $8,975.00

EXPENSE

Department 57 - Veteran's Administration State Account 54710 - Veteran's Relief 50217

50217-301 Donation Expense .00 .00 .00 .00 .00 .00 .00 +++ 100.00

50217 -Totals $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 +++ $100.00

50322 Veterans' Relief Expenses 5,000.00 .00 5,000.00 .00 .00 1,499.36 3,500.64 30 1,894.18

State Account 54710 - Veteran's Relief Totals $5,000.00 $0.00 $5,000.00 $0.00 $0.00 $1,499.36 $3,500.64 30% $1,994.18

State Account 54720 - Veteran's Office

50111 Regular Salaries 118,402.00 .00 118,402.00 .00 .00 84,146.43 34,255.57 71 102,388.24

50112 Salaries Overtime .00 .00 .00 .00 .00 258.38 (258.38) +++ .00

50144 Term Life Ins./Employer's Share 22.00 .00 22.00 .00 .00 25.87 (3.87) 118 41.57

50147 Workers Comp 5,537.00 .00 5,537.00 .00 .00 4,143.36 1,393.64 75 5,491.88

50151 FICA-Employer's Share 9,057.00 .oo 9,057.00 .00 .00 6,449.77 2,607.23 71 7,988.23

50152 Retirement-Employer's Share 5,126.00 .00 5,126.00 .00 .00 5,266.68 (140.68) 103 4,347.37

50154 Hospital and Health Insurance 9,064.00 .00 9,064.00 .00 .00 .00 9,064.00 0 .00

50155 Flex Administration Fees 41.00 .00 41.00 .00 .00 47.30 (6.30) 115 88.40

50156 Health Reimb. Acct. 1,000.00 .00 1,000.00 .00 .00 .00 1,000.00 0 .00

50158 Unemployment Compensation .00 .00 .00 .00 .00 1,860.00 (1,860.00) +++ .00

50225 Telephone 500.00 .00 500.00 .00 .00 417.93 82.07 84 484.84

50241 Repairs/Maintenance-Vehicles 2,500.00 .00 2,500.00 .00 .00 203.14 2,296.86 8 3,466.64

50270 Insurance Claim 5,000.00 .00 5,000.00 .00 .00 .00 5,000.00 0 .00

50311 Postage 200.00 .00 200.00 .00 .00 90.60 109.40 45 184.03

50312 Office Supplies 1,000.00 .00 1,000.00 .00 .00 59.74 940.26 6 75.10

50313 Printing 2,500.00 .00 2,500.00 .00 .00 1,383.27 1,116.73 55 2,502.50

50325 Registration Fees 200.00 .00 200.00 .00 .00 .00 200.00 0 .00

50329 Dues/Subscriptions 350.00 .00 350.00 .00 .00 179.00 171.00 51 214.00

50335 Meal Expenses 100.00 .00 100.00 .00 .00 .00 100.00 0 270.00

50343 Boards & Commissions 900.00 (700.00) 200.00 .00 .00 150.00 50.00 75 180.00

50349

50349-342 Flags 1,000.00 .00 1,000.00 .00 .00 962.10 37.90 96 984.96

50349 -Totals $1,000.00 $0.00 $1,000.00 $0.00 $0.00 $962.10 $37.90 96% $984.96

50351 Vehicle Fuel 7,000.00 .00 7,000.00 .00 .00 975.89 6,024.11 14 4,219.36

State Account 54720 - Veteran's Office Totals $169,499.00 ($700.00) $168,799.00 $0.00 $0.00 $106,619.46 $62,179.54 63% $132,927.12

Run by Gary Elliott on 12/02/2020 07:32:39 AM Page 1 of 3

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Budget Performance Report

Fiscal Year to Date 12/02/20

Include Rollup Account and Rollup to Account

Adopted Budget Amended Current Month YTD YTD Budget-YTD % Used/

Account Account Description Budget Amendments Budget Transactions Encumbrances Transactions Transactions Rec'd Prior Year Total

Fund 100 - General Fund EXPENSE

Department 57 - Veteran's Administration State Account 54730 - care of Veteran'sGraves

50220 Contracted Expenses 6,000.00 700.00 6,700.00 .00 .00 6,296.00 404.00 94 5,524.00

State Account 54730 - care ofVeteran'sGraves Totals $6,000.00 $700.00 $6,700.00 $0.00 $0.00 $6,296.00 $404.00 94% $5,524.00

Department 57 - Veteran's Administration Totals $180,499.00 $0.00 $180,499.00 $0.00 $0.00 $114,414.82 $66,084.18 63% $140,445.30

EXPENSE TOTALS $180,499.00 $0.00 $180,499.00 $0.00 $0.00 $114,414.82 $66,084.18 63% $140,445.30

Fund 100 - General Fund Totals

REVENUE TOTALS 13,000.00 .00 13,000.00 .00 .oo 5,150.00 7,850.00 40% 8,975.00

EXPENSE TOTALS 180,499.00 .00 180,499.00 .00 .oo 114,414.82 66,084.18 63% 140,445.30

Fund 100 - General Fund Totals ($167,499.00) $0.00 ($167,499.00) $0.00 $0.00 ($109,264.82) ($58,234.18) ($131,470.30)

Fund 213 - Veteran's Service Grant REVENUE

Department 00 - General

43565 State Aid/Veteran's Grant 8,500.00 .00 8,500.00 .00 .00 8,545.00 (45.00) 101 8,500.00

49300 Use of Prior Years' Fund Balance 8,500.00 .00 8,500.00 .00 .00 .00 8,500.00 0 .00

Department 00 - General Totals $17,000.00 $0.00 $17,000.00 $0.00 $0.00 $8,545.00 $8,455.00 50% $8,500.00

REVENUE TOTALS $17,000.00 $0.00 $17,000.00 $0.00 $0.00 $8,545.00 $8,455.00 50% $8,500.00

EXPENSE

Department DO-General

State Account 54700 - Veteran's Grant Expenses

50111 Regular Salaries 2,150.00 .00 2,150.00 .00 .00 .00 2,150.00 0 2,150.00

50226 Hardware/Software 1,450.00 .00 1,450.00 .00 .00 898.00 552.00 62 898.00

50247 Repairs-Buildings 7,650.00 .00 7,650.00 .00 .00 10.00 7,640.00 0 .00

50325 Registration Fees 1,450.00 .00 1,450.00 .00 .00 630.00 820.00 43 180.00

50335 Meal Expenses 500.00 .00 500.00 .00 .00 45.00 455.00 9 135.00

50336 Lodging 2,000.00 .00 2,000.00 .00 .00 .00 2,000.00 0 1,350.00

50339 Travel 1,500.00 .00 1,500.00 .00 .00 .00 1,500.00 0 .00

50351 Vehicle Fuel 300.00 .00 300.00 .00 .00 29.94 270.06 10 107.64

State Account 54700 - Veteran's Grant Expenses Totals $17,000.00 $0.00 $17,000.00 $0.00 $0.00 $1,612.94 $15,387.06 9% $4,820.64

Department 00 - General Totals $17,000.00 $0.00 $17,000.00 $0.00 $0.00 $1,612.94 $15,387.06 9% $4,820.64

EXPENSE TOTALS $17,000.00 $0.00 $17,000.00 $0.00 $0.00 $1,612.94 $15,387.06 9% $4,820.64

Fund 213 - Veteran's Service Grant Totals

REVENUE TOTALS 17,000.00 .00 17,000.00 .00 .00 8,545.00 8,455.00 50% 8,500.00

EXPENSE TOTALS 17,000.00 .00 17,000.00 .00 .00 1,612.94 15,387.06 9% 4,820.64

Fund 213 - Veteran's Service Grant Totals $0.00 $0.00 $0.00 $0.00 $0.00 $6,932.06 ($6,932.06) $3,679.36

Run by Gary Elliott on 12/02/2020 07:32:39 AM Page 2 of 3

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El Budget Performance Report

Fiscal Year to Date 12/02/20

Include Rollup Account and Rollup to Account

Adopted Budget Amended Current Month YTD YTD Budget- YTD % Used/

Account Account Description Budget Amendments Budget Transactions Encumbrances Transactions Transactions Rec'd Prior Year Total

Fund 411 -Veteran's Transportation Grant REVENUE

Department 00 - General

43566 Veterans' Trans. Grant 12,800.00 .00 12,800.00 .00 .00 9,594.39 3,205.61 75 12,434.16

48301 Sale of Fixed Assets .00 .00 .00 .oo .00 .00 .00 +++ 6,575.00

Department 00 - General Totals $12,800.00 $0.00 $12,800.00 $0.00 $0.00 $9,594.39 $3,205.61 75% $19,009.16

REVENUE TOTALS $12,800.00 $0.00 $12,800.00 $0.00 $0.00 $9,594.39 $3,205.61 75% $19,009.16

EXPENSE

Department 00 - General

State Account 54725 - Capital Outlay/Van Purchase

50247 Repairs-Buildings 5,000.00 .00 5,000.00 .00 .00 .OD 5,000.00 0 .OD

50811 capital Outlay -Vehicles .DO .00 .DO .00 .00 .00 .00 +++ 34,293.75

59210 Transfer to General Fund 4,000.00 .DO 4,000.00 .OD .00 4,000.00 .DO 100 4,000.00

State Account 54725 - Capital Outtay/Van Purchase $9,000.00 $0.00 $9,000.00 $0.00 $0.00 $4,000.00 $5,000.00 44% $38,293.75

Totals

Department 00 - General Totals $9,000.00 $0.00 $9,000.00 $0.00 $0.00 $4,000.00 $5,000.00 44% $38,293.75

EXPENSE TOTALS $9,000.00 $0.00 $9,000.00 $0.00 $0.00 $4,000.00 $5,000.00 44% $38,293.75

Fund 411 - Veteran's Transportation Grant Totals

REVENUE TOTALS 12,800.00 .00 12,800.00 .00 .oo 9,594.39 3,205.61 75% 19,009.16

EXPENSE TOTALS 9,000.00 .00 9,000.00 .00 .oo 4,000.00 5,000.00 44% 38,293.75

Fund 411 - Veteran's Transportation Grant Totals $3,800.00 $0.00 $3,800.00 $0.00 $0.00 $5,594.39 ($1,794.39) ($19,284.59}

Grand Totals

REVENUE TOTALS 42,800.00 .00 42,800.00 .00 .00 23,289.39 19,510.61 54% 36,484.16

EXPENSE TOTALS 206,499.00 .00 206,499.00 .00 .00 120,027.76 86,471.24 58% 183,559.69

Grand Totals ($163,699.00) $0.00 ($163,699.00) $0.00 $0.00 ($96,738.37) ($66,960.63) ($147,075.53)

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Page 1 of 1

__________________________________________________________________________________________________

December 10, 2020

To: Administration Committee

Tweed Shuman, Dale Schleeter, James Schlender, Ron

Kinsley, Thomas Duffy, and Tom Hoff

IT Department Report

Agenda items n/a

Projects completed

• Mount smart board for Emergency Management in Winter Fire Hall

• New JA desk in Clerk of Court

Projects in progress

• Elections Security Grant

o Network Security Analysis with HBS

• Sheriff email conversion with Heartland Business Systems

• Small Courtroom wall-mount displays. Replace small TV on shelf.

• Jail inmate phone system replace Securus with Reliance (assist vendor)

• New laptops: 20 for HHS. 13 for Sheriff

• Laserfiche

o Zoning Permits move from shared drive. Easier to maintain. Pending Projects

• Digital Audio Recorder for Court

o Large Courtroom. IT and Maintenance are doing the pre-installation work. Network and audio cables and terminations.

o Small Courtroom/Hearing Room. Pre-install: move cables and equipment to office behind courtroom.

• Sheriff Dept

o Convert current WordPress site to County’s website.

• Hayward Highway Shop: phone install in garage

• Convert Novus, Laserfiche and other in-house websites to SSL (https) HelpDesk activities

Average of 7 support calls per day. Remote / On-site comparison: about 30%-70%. 10610 Main Street, Suite 58. - Hayward, WI 54843

Phone 715-634-8185 Toll Free 877-699-4110

Fax 715-634-3546 Email mcoleson@sawyercountygov.org

Mike Coleson

Sawyer County IT Director

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09-30-20 08-31-20

SAWYER COUNTY CODE OF ORDINANCES HEALTH AND HUMAN SERVICES

CHAPTER 3

COMMUNICABLE DISEASES AND PUBLIC HUMAN HEALTH HAZARDS

AUTHORITY. This Ordinance is adopted pursuant to the authority granted by Chapters 251, 252, and 254 of the Wisconsin Statutes and shall be administered by the Sawyer County Department of Health and Human Services and the Sawyer County Sheriff within each’s discretion.

COMPLIANCE WITH STATE AND OTHER APPLICABLE LAW. This Ordinance is subject to all provisions set forth in the Wisconsin Statutes and other applicable law, as each may amended. Nothing in this Ordinance is intended to, and shall not be construed to, amend or otherwise modify the Sawyer County Health Officer’s rights, obligations and authority set forth in the Wisconsin Statutes and other applicable law, as each may be amended. Nothing in this Ordinance is intended to, and shall not be construed to, amend or otherwise modify the rights of the Sawyer County Sheriff, Sawyer County residents, property owners or visitors as set forth in the Wisconsin Statutes, Wisconsin Constitution, the United States Constitution, and other applicable law, as each may be amended.

PURPOSE AND INTENT. The purpose of this Ordinance shall be to protect the health, safety, and welfare of persons and property in Sawyer County in the event of a Public Health Hazard (as defined below), and to protect the health, safety, and welfare of persons and property in Sawyer County that may be impacted due to a person’s actions constituting a violation of the conditions of this Ordinance. In addition, this Ordinance intends to protect the environment for the people of Sawyer County and to:

A. Prevent, suppress, and control communicable diseases

B. Prevent the continuance of Human Health Hazards and Public Health Hazards C. Assure that County and State air quality standards are complied with

D. Assure that insects and animals do not create a Public Health Hazard

E. Assure that surface and ground water meet County and State standards and regulations F. Assure that solid waste is handled, stored, and disposed of according to County and

State standards and regulations

G. Assure that citizens are protected from hazardous, unhealthy, or unsafe substances H. Provide for the administration and enforcement of this Ordinance and to provide penalties

for its violation

1.1 DEFINITIONS

1. “Communicable Disease Order” means an order issued by the County Health Officer pursuant to Section 1.2 of this Ordinance.

2. “County” means Sawyer County, Wisconsin.

3. “County Board” means the Sawyer County Board of Supervisors. 4. “Days” means calendar days.

5. “Dwelling” means a building designed or used exclusively as the living quarters for one or more families, including manufactured homes which meet the dimensional requirements as originally designed.

6. “Fireworks” means anything manufactured, processed, or packaged for exploding, emitting sparks, or combustion which does not have another common use as defined in Wis. Stat. § 167.10.

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09-30-20 08-31-20

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7. “Groundwater” all water found beneath the surface of Sawyer County located in sand, gravel, and lime rock or sandstone geological formations, or any combinations of these formations.

8. “Health Officer” or “County Health Officer” means the local health officer identified in Wis. Stat. Chs. 251 and 252, as may be amended, whose qualifications are defined in Wis. Stat. § 251.06, and whose obligations are set forth in Wis. Stat. Chs. 251 and 252, as may be amended, and who enforces state public health statutes and rules at the local level.

9. “Health Officer Designee” subordinate personnel appointed by the Health Officer to investigate and supervise the sanitary conditions within the jurisdiction of the County Health Department.

10. “Human Health Hazard” or “Public Health Hazard” means a substance, activity, sickness, virus, or other health condition that is known to cause acute or chronic illness or death, or any other substance, activity, sickness, virus, or other health condition that is a threat to the public health, safety, protection, and welfare of persons and property within the County.

11. “Incorporated Municipalities” means any city or village within Sawyer County.

12. “Jurisdiction” means the jurisdiction of the county health department established under Wis. Stat. § 251.08.

13. “Ordinance” means this “Sawyer County Communicable Diseases and Public Human Health Hazards Ordinance.”

14. “Pollution” the contamination or rendering unclean or impure of the air, land, or waters of Sawyer County making the same injurious to public health, harmful for commercial or recreational use, or deleterious to fish, birds, animals, or plant life.

15. “State” means the State of Wisconsin.

16. “Toxic and Hazardous Waste Materials” any chemical and/or biological material that has the potential to create a Public Health Hazard.

17. “Unfit for Human Habitation, Occupancy, or Use” refers to a dwelling which because of condition or situation is dilapidated or out of repair or otherwise contains Human Health Hazard(s) which render it dangerous, unsafe, or unsanitary to engage in activities, including, but not limited to, cooking, eating, sleeping, and/or includes lacking potable water or a properly functioning septic system, or an adequate and functioning heating system until necessary repairs have been made.

18. “WisDHS” means the Wisconsin Department of Health Services.

1.2 COMMUNICABLE DISEASES

A. The County Health Officer shall adhere to all statutory obligations and other obligations set forth in any applicable law, as each may be amended, including, but not limited to, Wis. Stat. Chs. 251 and 252.

B. The County Health Officer, upon the appearance of any communicable disease within the County Health Officer’s Jurisdiction, shall do all of the following:

1. Immediately investigate all circumstances and make a full report to the County Board and to the WisDHS.

2. Promptly take all measures necessary to prevent, suppress, and control communicable diseases.

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3. Report the progress of the communicable disease and measures used against it, as needed to keep the County Board fully informed or at such intervals as directed by the WisDHS Secretary.

C. The County Health Officer, upon the appearance of any communicable disease within the County Health Officer’s Jurisdiction, within the County Health Officer’s discretion, may do any of the following:

1. Whatever is reasonable and necessary for the prevention and suppression of a communicable disease.

2. Forbid public gatherings when deemed necessary to control outbreaks, epidemics, communicable diseases.

3. Take any other action or order any other actions or inactions that are permitted under the Wisconsin Statutes or other applicable law.

4. Issue orders pursuant to Section 1.3 herein to direct persons, businesses and organizations to comply with the County Health Officer’s actions set forth in and permitted pursuant to this Ordinance, the Wisconsin Statutes, or other applicable law.

D. ISOLATION AND QUARANTINE ORDERS

1. Nothing in this Ordinance shall be construed or is intended to diminish or otherwise modify the County Health Officer’s duties, obligations and authority set forth in Wisconsin law, including but not limited to Wis. Stat.§ 252.06 and Wis. Admin. Code Ch. DHS 145.

1.3 ABATEMENT OF COMMUNICABLE DISEASES

A. Advisory Instructions. The County Health Officer may issue advisory instructions to abate communicable diseases. Advisory instructions shall state that such instructions are advisory only and not binding upon persons and businesses within the County.

B. Communicable Disease Orders and Enforceability. Every person, business and organization within the County shall comply with any Communicable Disease Order issued pursuant to Section 1.2 of this Ordinance, Wis. Stat. § 252.03, or any other applicable law with respect to communicable diseases that satisfies each of the following:

1. The Communicable Disease Order explicitly provides that it is enforceable under this Section 1.3; and

2. The Communicable Disease Order has not been rescinded by the County Board pursuant to the terms of Section 1.3(C) herein.

C. Rescission of Communicable Disease Orders by the County Board.

1. The County Board may rescind a Communicable Disease Order by a 2/3 majority vote of the members present at a regularly-scheduled County Board meeting, at a special meeting or an emergency meeting called pursuant to the Sawyer County Board of Supervisors Policies and Procedures Manual (as may be amended).

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2. A Communicable Disease Order shall be deemed ratified by the County Board if the County Board fails to rescind the Communicable Disease Order within fifteen (15) days after issuance. The County Board may rescind a Communicable Disease Order deemed ratified by this Section 1.3(C)(2) by a 2/3 majority vote of the members present at a subsequent regularly-scheduled County Board meeting, at a special meeting or an emergency meeting called pursuant to the Sawyer County Board of Supervisors Policies and Procedures Manual (as may be amended).

D. Violations of County Health Officer Orders and Penalties. Any person who willfully violates or obstructs the execution of any order of the County Health Officer that is enforceable under this Section 1.3 may be subject to one or more of the following actions and/or penalties:

1. A citation and a forfeiture of:

a. Not more than $250 for the first violation.

b. Not more than $500 for each subsequent violation.

c. In addition to any forfeiture, the person shall also pay court costs and the reasonable costs incurred by Sawyer County or its designee in correcting or abating the communicable disease. See Table 1. Below for Wisconsin’s Noncriminal Forfeitures and Circuit Court Costs.

2. Commencement of legal action, seeking a court-imposed forfeiture and corrective remedy pursuant to Wis. Admin Code § DHS 145.06.

3. Commencement of legal action seeking an injunction to abate the violation and/or correct the damage created by the violation.

E. Citation Authority. The County Health Officer or , any Health Officer Designee and County Sheriff, including a County Sheriff designee or a partnership law enforcement agency pursuant to Wis. Stat. § 59.27, law enforcement may issue citations issued pursuant to this Section 1.3 and Wis. Stat. § 66.0113.

F. Remedies Not Limited.

1. The initiation of one action or penalty under this Section 1.3 does not exempt the apparent violator from any additional actions and/or penalties listed in this Section 1.3 or under any other federal, state, or local law.

2. Nothing in this Ordinance regarding the enforcement of an order issued by the County Health Officer or the County Health Officer Designee to abate any communicable disease shall be construed to limit or otherwise modify the rights, obligations and remedies of the County Health Officer or the County Health Officer Designee under the Wisconsin Statutes or any other applicable law.

1.4 PUBLIC HUMAN HEALTH HAZARDS PROHIBITED

No person shall erect, construe, cause, continue, or maintain, or permit any Human Health Hazard or Public Health Hazard within the County. Any person who shall cause, create, or maintain a Human

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Health Hazard or Public Health Hazard or who shall in any way, aid or contribute to the causing, creating, or maintenance thereof shall be guilty of a violation of this Ordinance, and shall be liable for all costs and expenses attendant upon the removal and correction of such hazard to the penalty provided in Section 1.8 of this Ordinance.

1.5 PUBLIC HEALTH HAZARDS REGARDING PROPERTY

A. It shall be the responsibility of a property owner to maintain such owner’s property in a hazard- free manner and also to be responsible for the abatement and/or correction of any Public Health Hazard that has been determined by the County Health Officer to exist on their property.

B. The following acts, omissions, places, conditions, and things are specifically declared to be Public Health Hazards affecting property; but such enumeration shall not be construed to exclude other Public Health Hazards coming within the definition of Section 1.1 or as otherwise set forth in this Ordinance:

1. Adulterated Food. All decayed or adulterated food or drink sold or offered for sale to the public.

2. Unburied Carcasses. Carcasses of animals, birds, or fowl not intended for human consumption or food which are not buried or otherwise disposed of in a sanitary manner after death.

3. Household Pet Waste. Accumulations of the bodily waste from all household domestic animals and fowl that are handled, stored, or disposed of in a manner that creates a Public Health Hazard.

4. Breeding Places for Vermin, Etc. Accumulations of decayed animal or vegetable matter, trash, rubbish, rotting lumber, bedding, packing material, scrap metal, or any material in which flies, mosquitoes, disease-carrying insects, rats, or other vermin can breed. 5. Groundwater Pollution. Addition of any chemical and/or chemical and/or biological

substance that would cause groundwater to be unpalatable or unfit for human consumption. These substances include, but are not limited to, the chemical and/or biological substance listed in Chapter NR 140 of the Wisconsin Administrative Code.

6. Water Pollution. The pollution of any public well or cistern, stream, lake, canal, or other body of water by sewage, creamery or industrial wastes, or other substances.

7. Noxious Odors, Etc. Any use of property, substances, or things within the County emitting or causing any foul, offensive, noisome, noxious, or disagreeable odors, gases, effluvia, or stenches extremely repulsive to the physical senses of ordinary persons which annoy, discomfort, injure, or inconvenience the health of any appreciable number of persons within the County. Note: the Right to Farm Law (Wis. Stat. § 823.08) provides farmers with protection from nuisance lawsuits as long as the farmer follows good production practices and the agricultural use and/or practices are not a threat to public health or safety.

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8. Toxic and Hazardous Materials. Any chemical and/or biological material that is stored, used, or disposed of in such quantity or manner that is, or has the potential to create, a Public Health Hazard.

9. Street Pollution. Any use of property which causes any noxious liquid or substance to flow into or upon any street, gutter, alley, sidewalk, or public place within the County.

10. Air Pollution. The escape of smoke, soot, cinders, noxious acids, fumes, gases, fly ash, industrial dust, or other atmospheric pollutants within the County in such quantities as to endanger the health of persons of ordinary sensibilities or to threaten or cause substantial injury to property in the County.

11. Inoperable Appliances and Small Engine Equipment. The outdoor storage of disassembled, inoperable appliances or small engine equipment allowed to remain in the open upon public or private property within the County for a period exceeding five (5) days if upon public property, or for a period exceeding thirty (30) days if upon private property. Any business engaged in appliance or small engine sales or repair may retain such equipment in the open, on private property, for a period not to exceed one (1) year, after which time such appliances or equipment must be enclosed by a screening or live planting.

a. The term “disassembled” and “inoperable” as used in this Ordinance shall be defined as any appliance or small engine that is taken apart and cannot be successfully restored to working condition.

b. The term “small engine” is the general term for a wide range of small-displacement, low-powered internal combustion engines used to power lawn mowers, generators, concrete mixers, and many other machines that require independent power sources.

c. The term “appliance” as used in this Ordinance shall be defined as any stove, washer, refrigerator, freezer, dryer, microwave, television, water heater, and furnace which is no longer operable in the manner or purpose for which it was manufactured.

1.6 PUBLIC HEALTH HAZARDS AFFECTING PEACE AND SAFETY

The following acts, omissions, places, conditions, and things are declared to be Public Health Hazards affecting peace and safety, but such enumeration shall not be construed to exclude other Public Health Hazards affecting public peace or safety coming within the definition of Section 1.1 or as otherwise set forth in this Ordinance.

A. Dangerous Trees. All trees or parts of trees that are a menace to public safety or present imminent danger.

B. Wires and Cables Over Streets. All wires and cables over streets, alleys or public grounds which are strung less than fifteen (15) feet above the surface thereof.

C. Obstructions of Streets; Excavations. All obstructions of streets, alleys, sidewalks, or crosswalks, and all excavations in or under the same, except as permitted by the ordinances of the County or which, although made in accordance with such ordinances, are kept or maintained for an unreasonable or illegal length of time after the purpose thereof has been accomplished or do not conform to the permit.

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D. Fireworks. It shall be unlawful for any person, organization, business, or corporation to light or maintain any illegal fireworks, except that fireworks for public display in compliance with State law shall be permitted after obtaining all State and local permits.

1. Legal Without a Permit. State law allows the sale, possession, and use, without a permit, of sparklers not exceeding thirty-six (36) inches in length, stationary cones and fountains, toy snakes, smoke bombs, caps, noisemakers, confetti poppers with less than ___% grain of explosive mixture, and novelty devices that spin or move on the ground. Wis. Stat.

§ 167.10(1). There is no age restriction upon the sale, possession, or use of these devices and the statute does not classify them as fireworks. These are the only kinds of “fireworks,” as that word is commonly used, that a person may use or possess without a permit or that may be sold to a person who does not have a permit.

2. Illegal Without a Permit. Possessing or using any other fireworks, including, for example, firecrackers, roman candles, bottle rockets, and mortars, in Wisconsin without a valid permit is illegal. Wis. Stat. § 167.10(3). A permit is required if the device explodes or leaves the ground. The sale of these restricted fireworks to a resident of this State without a valid permit is also illegal. Wis. Stat. § 167.10(2).

3. Conditions for a Valid Permit. The requirements for a valid permit are contained in Wis. Stat. §§ 167.10(3)(a), (c) and (f).

E. Designation of Housing as Public Health Hazard.

1. Dilapidated Habitable Dwellings. All habitable dwellings or structures so old, dilapidated, or out of repair as to be dangerous, unsafe, unsanitary, or otherwise unfit for human use. Wis. Stat. § 823.21.

2. Designation of Unfit Dwelling. Any habitable dwelling or dwelling unit found to have any of the following defects shall be condemned as unfit for human habitation and shall be so designated and marked as unfit with a placard by the County Health Officer:

a. One which is so abandoned, damaged, decayed, dilapidated, unsanitary, unsafe, or vermin infested that it creates a serious hazard to the health or safety of the occupants or of the public.

b. One which lacks sanitation facilities adequate to protect the health or safety of the occupants or of the public.

c. One which, because of its condition, is the source of a confirmed case of lead poisoning or asbestosis.

d. Indoor air quality will be maintained at a comfortable level. Air contaminants will be eliminated when they are identified. Contaminants may include, but are not limited to, molds, ammonia, carbon dioxide, formaldehyde, and any other pollutant(s) causing a Public Health Hazard.

3. Drug House. Any building or structure that is used to facilitate the delivery, distribution, or manufacture of a controlled substance, and any building or structure where these acts

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take place, is a Public Health Hazard and may be proceeded against under Wis. Stat.

§ 823.113(1).

4. Designation of Unfit Dwelling. Any habitable dwelling or dwelling unit found to have any of the following matters shall be condemned as unfit for human habitation and shall be so designated and marked as unfit with a placard by the County Health Officer:

a. Residues of methamphetamine and/or other chemicals that creates a serious hazard to the health or safety of the occupants or of the public. Concentration of methamphetamine residue exceeding the recommended EPA clearance goal of 1.5 ug/100cm2 will require clean up under the authority of the County Health Officer.

b. If suspected chemicals have been dumped or spilled on the ground, in a septic system, or in surface water.

c. One which lacks sanitation facilities adequate to protect the health or safety of the occupants or of the public.

d. Indoor air quality will be maintained at a comfortable level. Air contaminants will be eliminated when they are identified. Contaminants may include, but are not limited to, molds, ammonia, carbon dioxide, formaldehyde, and any other pollutant(s) causing a Public Health Hazard.

i. No person shall continue to occupy, rent, or lease quarters for human habitation which are declared unfit for human habitation by the County Health Officer.

ii. Any dwelling or dwelling unit condemned as unfit for human habitation, and so designated and marked by the County Health Officer, shall be vacated within a reasonable time, as specified by the County Health Officer.

iii. No dwelling or dwelling unit which has been condemned and marked as unfit for human habitation shall again be used for human habitation until written approval is secured from, and such placard is removed by, the County Health Officer. The County Health Officer shall remove such placard whenever the defect or defects upon which the condemnation and placarding were based have been eliminated.

iv. No person shall deface or remove the County Health Officer’s placard from any dwelling or dwelling unit which has been condemned as unfit for human habitation.

v. The owner or occupant of any dwelling affected by any notice or order relating to the condemning or placarding of a dwelling or dwelling unit as unfit for human habitation may request and shall be granted a prompt hearing before the County Health Officer.

vi. Whenever the County Health Officer determines that a violation exists or has reasonable grounds to believe that there has been a violation of any

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provision of this Section, or any rule or regulation adopted pursuant thereto, he/she shall give, or cause to be given, notice of such violation or alleged violation to the person or persons responsible therefor. Such notice shall be in writing and include a description of the real estate involved, a statement of violations and corrective actions required, and allow time for the performance of any act required. Such notice shall be served upon the owner, property, or occupant as the case may require, and may be served by ordinary mail or in the manner provided by Wis. Stat. Ch. 801.

1.7 LOUD AND UNNECESSARY NOISE PROHIBITED

Sawyer County recognizes that excessive noise degrades the environment and adversely affects the health, welfare and happiness of the inhabitants of the County, reduces the quality of life, impairs the ability to peaceably use and enjoy property, and interferes with the tranquility and privacy of the home.

A. Loud and Unnecessary Noise Prohibited.

1. No person shall make or assist in making any noise tending to unreasonably disturb the peace and quiet of persons in the vicinity thereof unless the making and continuing of such noise cannot be prevented and is necessary for the protection of the health, safety, or life of some person.

2. No person owning, occupying, or having charge of any building or premises, or any part thereof, shall cause, suffer, or allow any loud, excessive, or unusual noise that tends to unreasonably disturb the comfort, quiet, or repose of persons therein or in the vicinity.

3. No person shall make or continue, or cause to be made or continued, any loud, unnecessary, or unusual noise which disturbs the peace and quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area. The standards which shall be considered in determining whether a violation of the provisions of this subsection exist shall include, but not be limited to, the following:

a. The volume of the noise; b. The intensity of the noise;

c. Whether the nature of the noise is usual or unusual; d. The volume and intensity of the background noise, if any; e. The proximity of the noise to residential sleeping facilities;

f. The nature and zoning of the area within which the noise emanates; g. The time of day or night the noise occurs;

h. The duration of the noise;

i. Whether the noise is recurrent, intermittent, or constant; and

j. Whether noise abatement measures or methods are reasonably possible and whether they are being used or implemented

4. Schools, Courts, Churches, Hospitals. The creation of any excessive noise on any street adjacent to any school, institution of learning, church, or court while in use, or adjacent to any hospital, which unreasonably interferes with the normal operation of that institution, or which disturbs or unduly annoys patients in the hospital, provided that

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conspicuous signs are displayed in those streets indicating a school, hospital, or court street.

5. Exceptions. The provisions of this Section 1.7 shall not apply to:

a. Any vehicle of the County while engaged in necessary public business.

b. Operations of emergency equipment shall be exempt from this Section 1.7. Emergency equipment shall include ambulance, police, fire, snow removal, civil defense sirens, etc., necessary for the health, safety, and protection of the citizens of the County.

c. Excavations or repairs of streets and roads, or other public construction by or on behalf of any municipality at night when public welfare and convenience renders it impossible to perform such work during the day, as determined by the municipality.

d. The reasonable use of amplifiers or loudspeakers in the course of public addresses which are noncommercial in nature.

e. Construction Noise. Construction equipment, including non-metallic mining operations, in any zone may be operated between the hours of 6:00 a.m. and 10:00 p.m. unless hours of operation are otherwise stated in the Conditional Use Permit (CUP).

f. Snowblowers not operated on a commercial basis shall be exempt from this Ordinance when used to gain access to a public street.

g. Operation of Certain Equipment. Lawnmowers, chainsaws, powered garden equipment, electric insect killing/repelling devices, and other non-construction maintenance equipment shall be operated only during the hours between 6:00 a.m. and 10:00 p.m.

h. Airplanes. Aircraft operations which are controlled specifically by federal law and enforcement shall be exempted from the provisions of this Ordinance.

i. Permitted Events. (Refer to Sawyer County Zoning Ordinance 6.96.) Permitted or special event activities applied for by a person or organization to the appropriate municipality for the purpose of conducting or hosting activities involving a gathering of people on public or private property that may impact the surrounding neighborhood, i.e., fireworks, concerts, festivals, carnivals, and fairs.

j. Pre-existing industry and businesses that have operated in substantially the same manner, so long as they do not operate at a significantly higher noise level.

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1. Maximum Permissible Sound Levels.

a. Noise from a stationary source shall not exceed the following standards for maximum sound pressure levels measured at the property line.

Zone Noise Rating Daytime Noise Rating Nighttime

i. Rural/Residential 95 dB(A) 85 dB(A)

ii. Commercial 95 dB(A) 85 dB(A)

iii. Industrial 95 dB(A) 85 dB(A)

b. Ambient noise is the all-encompassing noise associated with a given source, usually being a composite of sounds with many sources near and far, but excluding the noise source being measured. Ambient noise is a factor and the subject noise shall exceed the ambient noise by 5 dB in any octave band to be designated excessive.

c. Pure tones and impulsive noises are factors. Five (5) noise rating numbers shall be taken from the table in subsection a. above, if the subject noise consists primarily of a pure tone or if it is impulsive in character.

2. Methods of Measuring Noise.

a. Equipment. Noise measurement shall be made with a sound level meter. Noise levels shall be measured on the A-weighted scale with a sound level meter certified by the manufacturer as satisfying the requirements for sound level meters as defined in American National Standards Institute (“ANSI”) ANSI S1.4 or by the International Electric Code (“IEC”) IEC 61672 with accuracy of ±1dB(A). Prior to measurement, the meter shall be verified and calibrated according to the manufacturer’s specifications.

b. Location of Noise Meter. Noise measurement shall be made at the nearest lot line of the premises from which a noise complaint is received. The noise meter shall be placed at a height of at least three (3) feet above the ground and at least three (3) feet away from walls, barriers, obstructions, and all other sound reflective surfaces.

C. Effective Areas. This Ordinance shall be effective throughout Sawyer County, including all towns and villages unless adopted by an incorporated municipality.

D. Incorporated Municipalities. This Ordinance shall not apply within any incorporated municipalities in Sawyer County unless the governing body of that incorporated municipality enacts an ordinance which provides that this Ordinance shall apply in that municipality and forwards a copy of such ordinance to the County Clerk of Sawyer County.

E. Continuous Violation of County Ordinances. Any place or premises within the County where County Ordinances or State laws relating to public health, safety, peace, or welfare are openly, continuously, repeatedly, and intentionally violated.

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1.8 ABATEMENT OF PUBLIC HEALTH HAZARDS – SPECIFIC PREMISES OR PROPERTY

A. Enforcement. The County Health Officer or the County Health Officer Designee shall enforce those provisions of this Ordinance applicable to Public Health Hazards that come within the Jurisdiction of their offices, and they shall make periodic inspections and inspections upon complaint to ensure that such provisions are not violated. No action shall be taken under this Section 1.8 to abate a Public Health Hazard unless the County Health Officer has inspected or caused to be inspected the premises where the Public Health Hazard is alleged to exist and has satisfied himself or herself that a Public Health Hazard does in fact exist.

B. Written Order. In the event a Public Health Hazard or Public Health Hazard is present, the County Health Officer has the discretion to determine if corrective action is necessary. When a violation of this Ordinance occurs, the County Health Officer may issue the violator a written order, served personally or by registered mail with return receipt requested. This order shall specify the following:

1. The nature of the violation and the steps needed to abate and/or correct it.

2. The time period in which the violation must be corrected and/or abated shall be stated in the order.

3. The penalty or penalties the violator would be subject to if the apparent violation is not abated and/or corrected within the given time period.

C. Noncompliance With Order. If a person does not comply with a written order from the County Health Officer under this Section 1.8, the person may be subject to one or more of the following actions and/or penalties:

1. Commencement of legal action, seeking a court-imposed forfeiture and corrective remedy.

2. Commencement of legal action seeking an injunction to abate the violation and/or correct the damage created by the violation.

3. Any other action authorized by this Ordinance or by other applicable laws as deemed necessary by the County Health Officer.

4. The initiation of one action or penalty under this Section 1.8 does not exempt the apparent violator from any additional actions and/or penalties listed in this Section 1.8 or under any other federal, state, or local law.

D. Summary Abatement. If the inspecting officer determines that a Public Health Hazard exists within the County and that there is great and immediate danger to the public health, safety, or peace, the municipalities shall collect as a debt from the owner, occupant, or person causing, permitting, or maintaining the Public Health Hazard; and if notice to abate the Public Health Hazard has been given to the owner, such cost shall be assessed against the real estate as a special charge. Banks or financial institutions of the owner, occupant, or person that hold a second interest in the parcel in question shall also be sent notice of special charge against the subject’s real estate.

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References

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