Shoreland Zoning, Erosion Control and Stormwater Management

A few people have called me concerned about a flyer that was sent out by an organization that contained much false information relating to a staff report on Shoreland and Riparian Management, prepared by county staff as a grant requirement for DNR. Instead of trying to attack those who use such tactics to alarm people or try to make them afraid of government, I am copying the text of a letter I composed with several other supervisors outlining the truth. Here is the text of the letter, to which 20 other Supervisors signed addressed to Melissa Mallott, Chair of the Dane County Lakes and Watershed Commission:


"This letter is in response to the misinformation that was sent to Dane County citizens by the lobbyist for the South Central Wisconsin Realtors Association under the guise of the Wisconsin Homeowners Alliance about the draft Shoreland and Riparian Management Report prepared by county staff. We are disheartened such misinformation now has to be corrected so the citizens of Dane County can know the truth that there are no regulations or ordinances currently pending before the Dane County Board related to shoreland and riparian management.

We recognize the county will need to review current ordinances to ensure compliance with state regulations, specifically, Ch. NR 115, Wis. Admin. Code, which has now been revised and will take effect March 2010. Counties have a two-year window in which to bring their ordinances into compliance with state rules. As you review these ordinances over the next two years, we want to ensure that staff have the following direction in making those revisions:

• Any revisions should only apply to construction projects, not repair and maintenance of existing homes, driveways and patios.
• Any revisions will not take away basic property rights of riparian owners.
• Revisions should reduce the need for variance appeals from lot area and width requirements.
• Any mitigation required to comply with ch. NR 115 will not lower property values.
• NR 115 and county shoreland zoning do not apply in cities and villages. Minimum standards for erosion control and stormwater management apply in cities and villages under Ch. 14 of County Ordinances. No changes to the erosion control and stormwater management ordinance will be proposed unless they have quantifiable benefits for our lakes and streams and are developed in collaboration with cities and villages.
• No future changes will require anyone to change their house color or otherwise alter the appearance of their home unless required by state law.

Over the next 2 years as county staff revise current ordinances to comply with ch. NR 115, we need to ensure and clarify that Dane County citizens will not be limited in what colors they paint their houses, whether they can build a deck, or whether they can remodel their homes, nor should they fear that their property values will decline as a result of compliance with ch. NR 115.

While staff estimates the full impact of the possible policy options discussed in the report would only impact approximately seven properties per year, we should nevertheless continue to engage a broad spectrum of the public, including business, real estate and environmental interests, in any subsequent revisions to our current county shoreland ordinance.

Thank you for your efforts at protecting our valuable water resources in Dane County."

Robin Schmidt, Supervisor, District 24

Land Conservation Purchases

Some believe that the county should not be making land conservation purchases during these difficult economic times, and even support a moratorium against all new land purchases. Moratoriums remove the responsibilties of elected officials to make informed decisions on issues that come before them. My constituents and all Dane County residents deserve to have their elected officials make informed decisions by obtaining the facts, assessing costs and benefits, processing the strenghts and weaknesses, and ultimately be accountable to their constituents by voting for or against individual proposals.

Consider the following facts: while the 2009 Dane County budget included funds for land conservation purchases, the County Board approved only 2 important land purchases from these funds that presented unique opportunities for the county - the Anderson Farm which had been previously negotiated and agreed upon (and which came with a foundation for future maintenance costs), and the Christensen property, (in which the county can recoup costs by re-selling a portion of the property including a house). Total costs of these purchases were less than $1 million. And while the conservation funds were frozen, the decision was made to move forward with the planning to expand the trestle bridge over upper Mud Lake, which will increase boating safety and potentially help reduce flooding on LakeMonona.

The Board is also showing restraint for land purchase proposals that include cost-sharing from the State and Federal Government, recognizing that although the county's proportion of costs are minimized, it does not automatically make them a "good deal" for the county. A case in point being the recent re-referral of a Cross Plains property at a price that many felt was unreasonably high.

Rather than a moratorium, the County Board should continue to make tough decisions regarding land purchases approving only those that make economic and environmental sense during these difficult times and have a high payback for our future. Think of what the U.S. would look like if they didn't make the Louisianna Purchase during those difficult times, or where Madison would host great events like Rythm and Boom if not for Warner Park, which was purchased during the great depression.

Aquatic Weed Harvesting Concerns

Based on comments I’ve heard from various residents concerned about the location and frequency of weed harvesting in the Yahara chain of lakes, I asked the Lakes and Watershed Commission to add an item to their recent agenda on the impacts of budget shortfalls on lake (aquatic) weed cutting. The Lakes and Watershed Commission met on August 20th to discuss their 2010 draft budget recommendations, found at http://www.danewaters.com/ and added time to discuss the lake weed harvesting program budget cuts.

I summarized the information on the current status of the lake weed cutting program that was provided to me by county staff and discussed at this meeting. This information also includes a listing of the county priorities for weed cutting.

The baseline program for aquatic weed cutting includes LTE staff to operate 10-11 harvesters and associated elevators and trucks. Due to budget shortfalls, the Land and Water Resource Department needed to cut $139,000 in 2009 LTE funding. The Department prioritized those cuts in order to have the least impact on public service and existing commitments in its seasonal programs. The aquatic plant harvesting program was targeted for $43,000 in savings, reducing the harvesting base budget of $100,000 to $57,000.

In order to meet that savings target, from May to August, the county operated 6 harvesters according to its priority system: first priority being harvesting in the Yahara River to improve flow and reduce shoreline damage from high water. The county’s aquatic plant scout (employed at reduced hours) helped guide harvester locations according to program priorities. The 2009 season was the first time staff placed harvesters in the Yahara River so early in the season, and was the first time they operated 5 harvesters in the River at one time. This was due to the high water levels and need to remove vegetation in the River to improve flow out of the entire Yahara chain of lakes. Improving flow has a direct benefit to residents of low-lying areas susceptible to flooding in the Yahara chain such as Belle Isle in Lake Monona.

When aquatic plant growth (especially Eurasian water milfoil) became a nuisance, some harvesters were diverted to lakes Monona, Kegonsa, Mendota, and Waubesa. At peak plant growth, the county increased harvesters on the water to 8.

During the week of August 3, the $57,000 adjusted harvesting budget was exceeded and almost all LTEs were laid off. Harvesters continue to operate in the Yahara River to improve flow. End of season required activities such as removing buoys from the water; cleaning, repairing and storing equipment are being done primarily by permanent staff instead of LTEs.

The aquatic plant removal LTE barge crew, an initiative of the County Executive and Madison Mayor, will continue through the end of August. This $25,000 initiative, funded by the City of Madison, serves Madison residents on lakes Mendota and Monona. Other cost-saving measures in 2009 included eliminating harvesting service for special events such as sailing regattas, Paddle & Portage, etc and not harvesting on Indian Lake, Fish Lake, Verona Quarry, Tenney Lagoons, and Warner Lagoons.

Lake Level Management needs to be comprehensive, collaborative, and responsive. That is why I introduced a resolution to the County Board that was adopted on May 21st in which we ask the DNR to adopt a comprehensive approach to managing the levels of the lakes, including the following actions:

• Recognizing that all communities within the Yahara Lake watershed have an impact on lake management, bring together community leaders from the communities within the drainage basin of the Yahara River Chain of Lakes to discuss and agree upon strategies to minimize flooding from runoff and maximize infiltration.
• Recognizing the severity of recent storms, authorize the temporary lowering of lake levels below established minimum levels in response to severe storm events in order to increase storage capacity in the lakes and to manage the lakes as a system.
• Recognizing that everyone has a role to play in decreasing runoff, initiate a comprehensive education program to encourage everyone to do their part by minimizing runoff from their property, including the use of rain gardens and/or rain barrels, supporting stronger measures to protect our lakes and wetlands, and sensible efforts to move water downstream more efficiently.

This approach is consistent with recent DNR orders, and lets the DNR know that the County Board is eager to see progress in this area. The watershed that drains into Lake Monona is large, highly developed, and involves multiple local governments. By working with the DNR and other communities we can mitigate impacts of anticipated severe storms and reduce the damages from flooding. The watershed that drains into Lake Monona is large, highly developed and covers many local governments. I am optimistic that collaboration and communication will help find solutions that will help minimize run-off and maximize infiltration.

Governor Doyle included in his budget legislative language allowing the Madison Area Metropolitan Planning Area to form a Regional Transit Authority that would guide economic development and regional transit decisions. This is the first step in a long process for providing regional, coordinated transportation options to people in Dane County. Part of what makes this proposal controversial is that the formation of the RTA includes the authority to increase the sales tax within the area by ½ of 1 percent. The other part is that when many people hear “ RTA” they automatically think “rail”.

As I recently sat at a public hearing, listening to participants testifying in support for or in opposition to an RTA, it struck me how confused some people were with equating the RTA with rail. Many testified that they supported expanded regional bus systems but not rail. Without an RTA, regional bus systems will be very difficult to negotiate and integrate – one of the reasons for the lack of successful systems now. With the coordination of an RTA, and funding support, regional bus systems could be a reality.

The RTA would evaluate various types of transportation options for the region as a whole – no more fighting between Madison Metro and outlying communities about negotiated bus service. It includes assessing various types of transportation options and balancing those options with the types of transit that makes sense for the areas being served. Monona would not be served by rail, but it certainly could be served by a more robust bus system that perhaps could connect Monona with other communities (and I’m speaking as a chauffeur – I mean parent of teenagers who would definitely benefit from that service), as well as a bus system that runs throughout the day, and not just peak hours. Think of it - This regional bus system might even have routes and bus stops allowing riders to stop and frequent Monona businesses on Monona Drive!

So how could this work for Monona? First, it would allow for Monona to be part of a regional network that would serve Madison as well as outlying communities (including Cottage Grove). And paying for that integrated system would come from everyone’s purchases in the metropolitan planning area. Your property taxes would no longer pay for the Monona bus system. So for the 30% of commuters who come into the Madison area every day from outside of the metropolitan planning area, all of their gas, lunch, parking, shopping purchases in this area would help fund regional transportation options that we would benefit from. For those who spends $10,000/year, that cost would be an additional $50.00.

In addition to regional bus networks, the RTA funds could also be used to support other options, not only light rail, but also pedestrian and bike trails expanding on our system of integrated commuter options. One reason why AARP Wisconsin supports the RTA is because of the mobility options that could be funded by the RTA that would assist seniors.

While the support or lack of support for a rail line between Middleton and Sun Prairie is certainly controversial and vocal, I hope that those living in Monona and surrounding areas will hear above the shouts on both sides of the rail issue and understand the major benefits an RTA could have for us.

Many of us see the problems every day of not having coordinated, regional-based transit options for the metropolitan area. Between sitting in stop and go traffic on the beltline with one person in each car, to bouncing up and down Monona Drive trying to avoid potholes, to listening to the air advisories issued for Dane County making the air unhealthy to breathe due to high particulate matter, I have to believe that a regional, coordinated, and sufficiently funded transit authority could improve our quality of life. It certainly will not replace the need or desire for cars, but it will balance options so that we don’t have to solely rely on cars to get where we need to go.

Stay tuned – this will be a long process, but I’m optimistic that at the end of the process, we’ll see a transit system that all can be proud of and many will use routinely.

911 Call Center Operations/Management Audit:
The results are in from the operations & management (O&M) audit of the county 911 call center, and as we hoped, there was plenty of good news to hear, along with a few suggestions for more improvements.

The overarching theme from the consultant is that the public should have confidence in the 911 center. The consultant described the 911 call center as “a high quality communication center providing high level of service” that would meet national accreditation standards if the county wanted to spend the money for such accreditation.

The consultant highlighted the steps the county has taken to implement the 2004 technology audit (51 of the 60 technology-based recommendations have been implemented), recognized a number of continuous improvements made at the center, and indicated that the center has achieved vast majority of nationally recognized best management practices.

Some of the positive changes highlighted by the management audit included the following:
· Implemented priority dispatch for EMS and Fire
· Installed a new phone system
· Random review of 3% of all calls received
· Updated complaint review and investigation process
· New CAD servers
· New recording and information retrieval system
· Budgeted for priority dispatch (police) in 2009

The O & M audit also analyzed the quality of responses from the call center. The consultant sampled 1941 calls (3%), and of those calls 64 caught the attention of the quality assurance staff – meaning they felt some additional coaching was appropriate. Of those 64 calls that they felt needed attention, only one was ranked as serious – meaning that a call back was warranted but wasn’t made. This equates to a failure rate 0.065% - far exceeding the national standard of call back failure rate of no greater than 0.1%.

Clearly the center operations are not perfect –and the consultant outlined ways to further enhance the center. One of the main comments made in the audit is that the call center is trying to do too much for too many. For example, some municipal police departments forward their 7 digit phone number used on their business cards to the 911 center after hours. The 911 center cannot take messages or help connect the caller with the officer they are trying to reach. Therefore, all get frustrated – the caller because they can’t leave a message for the person they are trying to reach, and the 911 call taker, because they can’t help the person calling. To correct this, the county is going to work with the various municipalities to establish a phone tree that will result in calls being directed elsewhere, rather than the 911 center.

Another recommendation that is important is to simplify the dispatch protocols so that they are all able to be included in the computer-aided dispatch system (CAD). The center should minimize the number of separate “look-up” protocols when calls come in to the center. If a municipality is asking for a protocol that can’t be programmed into CAD there’s a problem because it relies on people’s memory rather than program decision – basically, if a protocol can’t be programmed into a CAD there is no way of preventing inconsistent way of making decisions.

The report also recommends that the quality assurance program should continue – it’s good for training as well as assessing the level of service provided by the center. Other recommendations include implementing a pre-recorded message for 911 calls between the 3rd and 4th ring to assure callers that their call will be answered (most calls get answered within 8 seconds, so this would rarely be needed) and document new policies that we’ve already implemented – complaint resolution, policy development/distribution, etc. Documentation is an important need for the call center.

Where necessary, you will see county board resolutions ensuring the recommendations in the report are implemented by the center. I’m hopeful that this review of the 911 center sheds new light on the 911 center operations, and allows the public to continue to trust this critical part of public protection. For a full copy of the report, see http://danedocs.countyofdane.com/webdocs/pdf/911/911_Comprehensive_Review_Phase2.pdf

2008 Board Actions

Board Actions

The following are topics relating to District 24 for which I have included seperate posts for you to find out more details about these topics. Not every issue is identified here, but those that constituents have indicated are important, controversial, or of greater interest to District 24.

2009 Dane County Budget
Monona Drive Construction
Flooding
Sustainability
County Executive Salary Adjustment

2009 Dane County Budget

2009 Budget
Monday, December 1st, I voted to pass the 2009 County Budget, keeping within County Executive self-created standard of not increasing the budget above the rate of growth plus inflation. The $493 million county budget will increase property taxes on the average home by $2.13.

The budget contains some very important priorities – for example, 75% of the budget goes towards public safety, including the Sheriff’s Department and 911 Center, and human services.

The budget includes additional staff and technological upgrades for the Dane County Public Safety Communications Center (911 center). Included in the technological improvements is implementation of and training on Police Priority Dispatch. This new program utilizes nationally recognized response standards to determine the priority of calls, ensuring uniform police responses.

The budget allocates $12-million to begin construction of a new countywide emergency radio network which when completed will result in a $30 million infrastructure investment by the county to ensure that all emergency responders can communicate with each other during emergencies. This will be the second largest capital project in Dane County’s history.

The budget also includes over $3.5 million for the reconstruction of a number of county roads and intersections, including the funding for Monona Drive reconstruction, and a significant increase in lakes and watershed protection programs. These funds will be used to help mitigate future flooding problems.

Lastly, the budget includes 2 budget amendments that I co-sponsored relating to sustainability and making sure that the county becomes as energy independent as possible, saving long term utility costs and minimizing our carbon footprint.

Sustainability

Sustainability
Sustainability is more than just saving energy - it's improving efficiencies within a business function. Ultimately this leads to more efficient and effective services. That's why I co-sponsored 2 budget amendments that would increase sustainability for the County. One amendment establishes a small sustainability fund for county departments to use when initially implementing sustainable operations (often start up costs are higher, but long term savings offset those costs). In addition, we will be creating a sustainability oversight committee that will assess and prioritize sustainable projects to ensure the best use of the sustainability fund. Lastly, continued training of county staff in The Natural Step will enhance their ability to identify and recommend changes that will result in higher sustainability operations.

County Executive Salary Adjustment

County Executive Salary Amendment
The County Executive salary can only be changed once every 4 years, before the upcoming election for that position. A pay recommendation of a 7.3% pay raise for 2009, followed by a 3% pay raise for the next three years was presented to the County Board at their December 4th meeting. The pay rate was recommended so that the County Executive pay would be higher than the County Sheriff, based on the relative responsibilities of these positions. However, given the state of the current economy, and the fact that we were not able to grant point of service (POS) organizations with even a full 1% pay raise in the recently passed budget, I made an amendment that was passed by the Board that would reduce the salary increase for the County Executive for the first year to 1% to match that of the POS agencies. The subsequent 3% pay raises for the following three years remained, in anticipation that the economy will turn around and we will be able to give cost of living adjustments to the POS agencies at that time as well.

Monona Drive Construction

Monona Drive Construction
Reconstion of Monona Drive is a joint project between the Cities of Monona and Madison, Dane County and the State Department of Transportation. Significant planning and design work has already been completed, with input from numerous businesses and other constituents who use the road. Monona Drive Phase 1 construction will begin in 2009 and continue into 2010 for the Broadway/Pflaum Road segment. Additional segments will be constructed subsequent to phase 1. All transportation projects for the County have to be approved by the Metropolitan Area Transportation Planning Committee, to which I was appointed in April, 2008. Monona Drive is both a City and County Road, and thus has been included in their Transportation Improvement Plan and money is included in the 2009 county budget.

Flooding

Flooding
With the 2008 record rainfall and snow melt, severe flooding occurred throughout Dane County. There simply wasn’t enough storage capacity in the surrounding watershed to absorb all the moisture that fell in a short period of time. To help alleviate future flooding, there are a number of things that the county has done including:

- Upgrade the Babcock Dam that regulates the water coming out of Lake Waubesa
- Approve funding to continue with a cooperative effort between multiple parties to replacement of the trestle bridge between Upper Mud Lake and Lake Waubesa with a wider span bridge that would coupled the railroad tracks with a bike trail connecting Lake Farm Park with McFarland. Recent UW studies indicate that water movement out of Lake Monona is significantly constricted by this narrow bridge
- Approve purchase of sensitive lands to limit development in areas where the land can serve as a natural sponge to absorb rainfall and snowmelt before it reaches the surface waters.
- Approve funding for continued weed harvesting to keep water flowing efficiently out of Lake Monona