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Full Agenda Packet CITY OF JANESVILLE CITY COUNCIL MEETING AGENDA MONDAY, December 14, 2009 7:00 P.M. 1. Call to Order and Pledge of Allegiance. 2. Roll Call. 3. Minutes of City Council meetings: “C” A.Regular meeting of November 23, 2009. B.Special meeting minutes of November 25, 2009. C.Closed session minutes of April 13, 2009. D.Closed session minutes of June 8, 2009. 4. Licenses; and Recommendations of the Alcohol License Advisory Committee. (Refer to separate agenda.) “C” 5. Special recognition: Action on a proposed resolution in commendation of David Burke’s service to the City of Janesville. (File Res. No. 2009-661) 6. Special recognition: Action on a proposed resolution in commendation of Steven J. Kopp’s service to the City of Janesville. (File Res. No. 2009-663) 7. Special recognition: Action on a proposed resolution in commendation of Steven W. Sutton’s service to the City of Janesville. (File Res. No. 2009-665) 8. Special recognition: Action on a proposed resolution in commendation of Thomas R. Wolfram’s service to the City of Janesville. (File Res. No. 2009-664) 9. Appointment of Election Inspectors for 2010 and 2011. ---------------------- “C” – This designation indicates an item that the City Council will take up under a Consent Agenda. City Council Agenda – December 14, 2009 Page 2 OLD BUSINESS 1. Requests and comments from the public regarding items on the Agenda not requiring a public hearing. 2. Requests and comments from the public on matters which can be affected by Council action. 3. Authorization for the City Manager to enter into intergovernmental agreements with the State of Wisconsin Department of Natural Resources (WDNR) indemnifying the City of Janesville for accepting deer carcasses for disposal at the Janesville Municipal Landfill. 4. Continued public hearing and action on a proposed charter ordinance amending the meeting time of regular Common Council meetings from 7:00 p.m. to 6:30 p.m. on the second and fourth Mondays of the month. (File Charter Ord. No. 2009-008) 5. Second reading, public hearing and action on a proposed ordinance creating Chapter 18.80 airport overlay zoning district to the City of Janesville Zoning Ordinance. (Revised File Ord. No. 2009-444) 6. Second reading, public hearing and action on a proposed ordinance attaching property located at 3123 South US Highway 51. (File Ord. No. 2009-445) 7. Second reading, public hearing and action on a proposed ordinance attaching and zoning to B4 property located at 3123 South US Highway 51. (File Ord. No. 2009-446) 8. Action on a request for class A fermented malt beverage license for Kwik Trip, Inc. NEW BUSINESS 1. Presentation by Janesville Sustainable Committee on Recycling Away From Home Program. 2. Discussion and possible action on skateboard park. City Council Agenda – December 14, 2009 Page 3 NEW BUSINESS (CONTINUED) 3. Authorization for the City Manager to enter into a lease extension for the Tallman House with the Rock County Historical Society. 4. Discussion and direction to staff on 2010 sidewalk program. 5. Action on a proposed resolution authorizing the acquisition and demolition of real properties located at 1708 Charles Street and 1709 Joseph Street for open green space. (File Res. No. 2009-662) 6. Action on a proposed resolution authorizing the acquisition of property at 404 Johnson Street. (File Res. No. 2009-654) 7. Award of contract C2009-29 (landfill gas collection system – phase 1) for Public Works Bid Schedule “L” – 2009. 8. Confirm Council President appointments to the Ice Skating Advisory Committee. 9. Introduce and schedule a public hearing on a proposed ordinance amending the City’s Building, Vehicles and Traffic, and Housing Regulations regarding fees for re-inspections. (File Ord. No. 2009-447) 10. Matters not on the Agenda. 11. Consideration of a motion to convene into closed session, pursuant to Wisconsin Statute Section 19.85(1)(e), for the purpose of deliberating or negotiating the purchase of property for public purposes when competitive or bargaining reasons require a closed session, specifically setting the negotiating and bargaining terms and conditions for: (1) potential acquisition of flood damaged property located at 1110 Hamilton, and (2) a proposed TIF 22 Development Agreement; and 19.85 (1) (c), for the purpose of considering the employment, promotion, compensation or performance evaluation data of any public employee over which the governmental body has jurisdiction or exercises responsibility, specifically the annual evaluation of the City Manager’s performance. PROCEEDINGS OF THE CITY COUNCIL CITY OF JANESVILLE, WISCONSIN REGULAR MEETING NOVEMBER 23, 2009 VOL. 60 NO. 25 Regular meeting of the City Council of the City of Janesville held in the Municipal Building on November 23, 2009. The meeting was called to order by Council Vice President Voskuil at 7:00 PM. Present: Councilmembers Brunner, McDonald, Perrotto, Rashkin, Steeber, and Voskuil. Council President Truman was absent. CONSENT AGENDA Minutes of the regular meeting of November 9, 2009. Licenses and Recommendations of the Alcohol License Advisory Committee (Sneakers Pub and Grill). Financial statement for the month of October 2009. Council Vice President Voskuil removed the alcohol license for Sneakers Pub and Grill from the Consent Agenda and scheduled it after Old Business Item #2. She stated that all other items on the consent agenda would be approved if there were no objections. There were none. OLD BUSINESS 1. Requests and comments from the public regarding items on the agenda not requiring a public hearing. Burdette Erickson, 115 S. High St., Margaret Delaney, 439 N. Jackson St., and Kurt Link, 118 S. High St., supported the acquisition and demolition of 127 N. Terrace Street (New Business #4). 2. Requests and comments from the public on matters which can be affected by Council action. Allison Rollette, 976 Industrial Ct., requested an ordinance allowing chickens within the City limits and that it be referred to the Sustainable Committee. Alfred Lembrich, 541 Miller Ave., spoke against an ordinance allowing chickens in City limits. Council President allowed public comment on the application for an alcohol license for Sneakers Sports Bar and Grill at 1221 Woodman Rd. Dale Weidenfeller, 1247 Mayfair Dr., Carmen Fetting, 1210 Yuba St., Barbara Mullett, 1115 Mayfair Dr., Helen Anderson, 935 Matheson St., Patricia Schuler, 1126 Woodman Rd, and Yetiva Gavin, 1104 Woodman Rd., and Chris and Gerald Johnson, 1105 Mayfair Dr., spoke against an alcohol license for Sneakers. Brian Delorimier, 863 Matheson St., Rebecca Springer Seaman, 921 Matheson St., Tom Walters, 18 S. Palm St., Jon Wangerin, 1416 Mayfair Dr., Jean Rogers, 1125 Detroit Ave., Kevin Kelley, 1920 Greenwich Ln., Bridget Cunningham, 1025 Hawthorne Ave., and Kim Brown, 1133 Huron Dr spoke in favor of the license. Eric Schwartz, Katie Udell, and Brian Sebastian, representing Sara Investments, spoke in favor of the alcohol license. Joe Hoppenjohn, 1112 Burbank, stated that the Council should make the decision on whether to grant a license. The public comment portion of the discussion was closed. Based on the information presented to the Council, Councilmember Perrotto moved to grant an alcohol license to Sneakers, seconded by Councilmember Rashkin and passed by the following vote: Aye: Perrotto, Rashkin, Steeber, and Voskuil. Nay: Brunner and McDonald. 3. Continued public hearing and action on the FY2010 proposed City and Library budgets. Alfred Lembrich, 541 Miller Ave., suggested only necessities be included in the budget. The public hearing was closed. Councilmember Steeber moved to approve the 2010 proposed City budget as revised by the City Council thru November 9, 2009, with the General Fund Budget in the amount of $41,417,999 and a tax levy (without TIF) in the amount of $24,913,749, and direct the Comptroller to include these amounts in the 2010 appropriation and levy resolutions. The motion was seconded by Councilmember Brunner. Councilmember Perrotto moved to amend the budget by decreasing funding for adult recreation programs by $36,500. He received no second. The council passed the 2010 Budget by the following vote: Aye: Brunner, Perrotto, Rashkin, Steeber, and Voskuil. Nay: McDonald. Councilmember McDonald moved to approve the 2010 Capital Budget for JATV Budget, seconded by Councilmember Steeber and passed unanimously. Councilmember Steeber moved to approve the 2010 Proposed State and Federal Grants Budget, seconded by Councilmember Brunner and passed unanimously. Council Vice President Voskuil scheduled a special Council meeting for November 25, 2009 at 7:45 AM to set tax levy. 4. A proposed charter ordinance amending the meeting time of regular Common Council meetings from 7:00 PM to 6:30 PM on the second and fourth Mondays of the month. Council Vice President Voskuil postponed action until December 14, 2009. (File Charter Ord. No. 2009-008) 5. A proposed ordinance increasing bus fares ($1.25-$1.50) on the Janesville Transit System received its second reading and public hearing. Dan Wenzel, 2505 Elizabeth St., Jerimiah Beasley, 339 Division St., and Kimber Coulter, 120 N. River St., Apt. 104, spoke in support of increasing fares and maintaining the same level of service. The public hearing was closed. Councilmember Steeber moved to adopt said ordinance, seconded by Councilmember Rashkin and passed unanimously. (File Ord. No. 2009-443) NEW BUSINESS 1. Action on a proposed resolution creating a green building policy for the construction and/or renovation of all City-owned facilities over $500,000. Councilmember Rashkin moved to adopt said resolution, including a friendly amendment made by Councilmember McDonald to change the base review amount from $500,000 to $250,000. Councilmember Steeber called for the vote, seconded by Councilmember Perrotto and passed unanimously. The Council voted and the motion passed unanimously. (File Res. No. 2009-657) 2. Action on a proposed resolution authorizing the City of Janesville’s submittal of a 2010 Wisconsin Office of Energy Independence grant for an Energy Independent Community 25 x 25 Plan. Councilmember McDonald moved to adopt said resolution, seconded by Councilmember Steeber and passed unanimously. (File Res. No. 2009-658) 3. Councilmember Rashkin left the Council chambers. Action on a proposed resolution granting a non- exclusive utility easement along Ruger Avenue to Alliant Energy. Councilmember McDonald moved to adopt said resolution, seconded by Councilmember Steeber and passed unanimously. Councilmember Rashkin returned to the Council table. (File Res. No. 2009-652) 4. Action on a proposed resolution authorizing the acquisition and demolition of 127 North Terrace Street. Councilmember Steeber moved to adopt said resolution, seconded by Councilmember Brunner and passed unanimously. (File Res. No. 2009-655) 5. Action on a proposed resolution authorizing the submission of an amendment to the Community Block Grant Emergency Assistance Program contract between the State of Wisconsin Department of Commerce and the City of Janesville. Councilmember Steeber moved to adopt said resolution, seconded by Councilmember McDonald and passed unanimously. (File Res. No. 2009-656) 6. Matters not on the agenda. Councilmember Voskuil suggested citizens look at Park Place News for City news and upcoming events and wished everyone a Happy Thanksgiving. 7. Councilmember McDonald moved to convene into closed session pursuant to Wisconsin Statute Section 19.85(1)(e) for the purpose of deliberating and setting the negotiation and bargaining strategies, terms, and conditions for two different potential TIF Development Agreements for TIF No. 23, one potential agreement for TIF No. 22, and for potential acquisition of a mid-city site for redevelopment and/or other public purposes, since competitive and/or bargaining reasons require a closed session, seconded by Councilmember Steeber and passed unanimously. There being no further business, Council convened into closed session at 10:15 PM. These minutes are not official until approved by the City Council. Jean Ann Wulf, Clerk-Treasurer PROCEEDINGS OF THE CITY COUNCIL CITY OF JANESVILLE, WISCONSIN SPECIAL MEETING November 25, 2009 VOL. 60 NO. 26 A special meeting of the City Council of the City of Janesville held in the Municipal Building on November 25, 2009. The meeting was called to order by Council President Truman at 7:45 AM. Present: Council President Truman, Councilmembers Brunner, Perrotto, and Rashkin. Councilmembers McDonald, Steeber, and Voskuil were absent. Action on a proposed resolution adopting a budget, appropriating funds, authorizing expenditures, and levying a tax therefore, by the City of Janesville for the fiscal year ending December 31, 2010. Councilmember Perrotto moved to adopt said resolution, seconded by Councilmember Brunner and passed unanimously. (File Res. No. 2009-659) Matters not on the Agenda. There were none. There being no further business, Council adjourned at 7:47 AM. These minutes are not official until approved by City Council. Jean Ann Wulf City Clerk-Treasurer JANESVILLE CITY COUNCIL LICENSE AGENDA 12/14/2009 RECOMMENDED A. ELECTRICIANS – ORIGINAL Peter M. Buchanan 4602 Plfaum Rd., Madison, WI Raymond J. Mielke 2222 Minnesota St., Oshkosh, WI B. AMUSEMENT DEVICE AND CENTER LICENSE-ORIGINAL MCDJ, LLC d/b/a SNEAKERS SPORTS BAR AND GRILL Kimberly R. Brown 1221 Woodman Rd. BOTW, INC d/b/a SIDEKICKS SALOON Gail S. Christiaansen 3502 Milton Ave. C. SECONDHAND ARTICLE DEALER-ORIGINAL THE EXCLUSIVE COMPANY CORP. d/b/a THE EXCLUSIVE COMPANY Brandon S. Delrow 1259 Milton Ave. D. SECONDHAND JEWELRY DEALER – ORIGINAL STERLING, INC. d/b/a KAY JEWELERS #163 George S. Frankovich 2500 Milton Ave. STERLING, INC. d/b/a JB ROBINSON #2180 George S. Frankovich 2500 Milton Ave. E. ORIGINAL CLASS “A” INTOXICATING LIQUOR AND FERMENTED MALT LICENSE RISE PETROLEUM, LLC d/b/a SUPER 66 LIQUOR Susan M. Cis 108 Center Ave. F. ORIGINAL CLASS “B” BEER LICENSE LOS AMIGOS, LLC d/b/a LOS AMIGOS Maximo M. Arriaga 2624 E. Milwaukee St. G. ORIGINAL CLASS “C” WINE LICENSE LOS AMIGOS, LLC d/b/a LOS AMIGOS Maximo M. Arriaga 2624 E. Milwaukee St. H. ORIGINAL RESERVE CLASS B INTOXICATING LIQUOR AND FERMENTED MALT BEVERAGE LICENSE BOTW, INC d/b/a SIDEKICKS SALOON James L. Stoa 3502 Milton Ave. I. CHANGE IN PREMISES FROM SALES AND CONSUMPTION IN THE WALNUT ROOM ONLY TO LICENSING THE ENTIRE PREMISES 4M VENTURES, LLC d/b/a THE MUSIC ROOM/THE CIRCUIT Kurt A. Miller 18-24 S. River St. J. SECONDHAND JEWELRY/SECONDHAND ARTICLE/PAWNBROKER-RENEWALS FOR THE 2010 LICENSE YEAR BIG ED’S Ed. R. Benson 410 W Milwaukee St. CAROUSEL CONSIGNMENTS, LLC Joni L. Bozart 31 S. Main St. CASEY’S PAWN SHOP Debra L. Twardzik 1706 Center Ave. CASTAWAYS THRIFT SHOP Shirley J. Wachlin 922 Milton Ave. THE COIN SHOP, LLC Richard A. Erdman 411 W. Milwaukee St. THE DIAMOND CENTER Steven K. Yeko, Sr. 2500 Milton Ave, unit 110 DUBES JEWELRY Kendall M. Corey 21 W. Milwaukee St. FYE #1905 Record Town Inc. 2500 Milton Ave. HOME AGAIN CONSIGNMENT James L. Alverson 215 W. Milwaukee St. HOUSE OF TREASURE Michael L. Ude 500 W Milwaukee St. HUMAN RESOURCES DIVISION MEMORANDUM December 3, 2009 TO: City Council FROM: Susan Musick, Human Resources Director SUBJECT: Action on proposed resolutions in commendation of David Burke, Steven Kopp, Thomas Wolfram and Steven Sutton’s service to the City of Janesville. Executive Summary At the City Council meeting of December 14, 2009, the following retirement commendation will be considered under the consent agenda: 1. David D. Burke for thirty-six years of service with the City of Janesville (File Resolution Number 2009-661) ? David will be attending the December 14, 2009 Council meeting. ? David began working for the City of Janesville on June 5, 1973, as a Laborer in the Public Works Division. ? David was promoted to an Equipment Operator in 1977 and a Working Foreman in 1990. ? David’s retirement date is January 8, 2010. 2. Steven J. Kopp for thirty-two years of service with the City of Janesville (File Resolution Number 2009-663) ? Steven will be attending the December 14, 2009 Council meeting. ? Steven began working for the City of Janesville on July 18, 1977 as a Police Officer in the Janesville Police Department. ? Steven was promoted to the positions of Detective in 1987; Sergeant in 1990; Lieutenant in 1994; and Deputy Police Chief in 2002. ? Steven’s retirement date is December 31, 2009. 1 3. Thomas R. Wolfram for twenty-three years of service with the City of Janesville (File Resolution Number 2009-664) ? Thomas will be attending the December 14, 2009 Council meeting. ? Thomas began working for the City of Janesville on January 6, 1986 as a Police Officer with the Janesville Police Department. ? Thomas was promoted to the position of Police Sergeant in 1994. ? Thomas’ retirement date is December 31, 2009. 4. Steven W. Sutton for twenty-one and one-half years of service with the City of Janesville (File Resolution Number 2009-665) ? Steven will be attending the December 14, 2009 Council meeting. ? Steven began working for the City of Janesville on April 11, 1988 as a Firefighter/Paramedic with the Janesville Fire Department. ? Steven has held the positions of Firefighter, Paramedic, and Driver. ? Steven’s retirement date is December 26, 2009. Recommendation Staff recommends adoption of File Resolutions 2009-661, 2009-663, 2009-664, and 2009-665. Suggested Motion I move to adopt File Resolutions 2009-661, 2009-663, 2009-664, and 2009-665 to commend David D. Burke, Steven J. Kopp, Thomas R. Wolfram, and Steven W. Sutton on their service to the City of Janesville. 2 RESOLUTION NO. 2009-661 Whereas, David D. Burke is retiring from City of Janesville employment after having diligently served the people of the City of Janesville and the community for thirty-six years; retiring as a General Foreman with the City of Janesville Operations Division; and Whereas, during David D. Burke’s employment with the City of Janesville, he provided exemplary professional service and demonstrated conscientious devotion to the duties of his position, which he performed with competence, sincerity, honesty, and dedication; and Whereas, it is desired that such commendable service to the City of Janesville be properly recognized; Now, Therefore, Be It Resolved that the people of the City of Janesville, through the City Council, do express their grateful appreciation to David D. Burke for his thirty-six years of loyal public service. th Dated this 14 day of December, 2009. ADOPTED: Motion by: Second by: APPROVED: Councilmember Aye Nay Pass Absent Brunner McDonald Eric J. Levitt, City Manager Perrotto Rashkin ATTEST: Steeber Truman Jean Ann Wulf, City Clerk-Treasurer Voskuil APPROVED AS TO FORM: Assistant City Attorney Proposed by: Human Resources Prepared by: Human Resources HUMAN RESOURCES DIVISION MEMORANDUM December 3, 2009 TO: City Council FROM: Susan Musick, Human Resources Director SUBJECT: Action on proposed resolutions in commendation of David Burke, Steven Kopp, Thomas Wolfram and Steven Sutton’s service to the City of Janesville. Executive Summary At the City Council meeting of December 14, 2009, the following retirement commendation will be considered under the consent agenda: 1. David D. Burke for thirty-six years of service with the City of Janesville (File Resolution Number 2009-661) ? David will be attending the December 14, 2009 Council meeting. ? David began working for the City of Janesville on June 5, 1973, as a Laborer in the Public Works Division. ? David was promoted to an Equipment Operator in 1977 and a Working Foreman in 1990. ? David’s retirement date is January 8, 2010. 2. Steven J. Kopp for thirty-two years of service with the City of Janesville (File Resolution Number 2009-663) ? Steven will be attending the December 14, 2009 Council meeting. ? Steven began working for the City of Janesville on July 18, 1977 as a Police Officer in the Janesville Police Department. ? Steven was promoted to the positions of Detective in 1987; Sergeant in 1990; Lieutenant in 1994; and Deputy Police Chief in 2002. ? Steven’s retirement date is December 31, 2009. 1 3. Thomas R. Wolfram for twenty-three years of service with the City of Janesville (File Resolution Number 2009-664) ? Thomas will be attending the December 14, 2009 Council meeting. ? Thomas began working for the City of Janesville on January 6, 1986 as a Police Officer with the Janesville Police Department. ? Thomas was promoted to the position of Police Sergeant in 1994. ? Thomas’ retirement date is December 31, 2009. 4. Steven W. Sutton for twenty-one and one-half years of service with the City of Janesville (File Resolution Number 2009-665) ? Steven will be attending the December 14, 2009 Council meeting. ? Steven began working for the City of Janesville on April 11, 1988 as a Firefighter/Paramedic with the Janesville Fire Department. ? Steven has held the positions of Firefighter, Paramedic, and Driver. ? Steven’s retirement date is December 26, 2009. Recommendation Staff recommends adoption of File Resolutions 2009-661, 2009-663, 2009-664, and 2009-665. Suggested Motion I move to adopt File Resolutions 2009-661, 2009-663, 2009-664, and 2009-665 to commend David D. Burke, Steven J. Kopp, Thomas R. Wolfram, and Steven W. Sutton on their service to the City of Janesville. 2 RESOLUTION NO. 2009-663 Whereas, Steven J. Kopp is retiring from City of Janesville employment after having diligently served the people of the City of Janesville and the community for thirty-two years; retiring as Deputy Police Chief with the City of Janesville Police Department; and Whereas, Steven J. Kopp served the community as a Police Officer, Detective, Sergeant, Lieutenant, and Deputy Police Chief; and Whereas, Steven J. Kopp provided guidance in the construction of the Police Services Building; and Whereas, Steven J. Kopp served as the Accreditation Manager for the Police Department; and Whereas, during Steven J. Kopp’s employment with the City of Janesville, he provided exemplary professional service and demonstrated conscientious devotion to the duties of his position, which he performed with competence, sincerity, honesty, and dedication; and Whereas, it is desired that such commendable service to the City of Janesville be properly recognized; Now, Therefore, Be It Resolved that the people of the City of Janesville, through the City Council, do express their grateful appreciation to Steven J. Kopp for his thirty-two years of loyal public service. th Dated this 14 day of December, 2009. ADOPTED: Motion by: Second by: APPROVED: Councilmember Aye Nay Pass Absent Brunner Eric J. Levitt, City Manager McDonald Perrotto ATTEST: Rashkin Steeber Jean Ann Wulf, City Clerk-Treasurer Truman Voskuil APPROVED AS TO FORM: Assistant City Attorney Proposed by: Human Resources Prepared by: Human Resources HUMAN RESOURCES DIVISION MEMORANDUM December 3, 2009 TO: City Council FROM: Susan Musick, Human Resources Director SUBJECT: Action on proposed resolutions in commendation of David Burke, Steven Kopp, Thomas Wolfram and Steven Sutton’s service to the City of Janesville. Executive Summary At the City Council meeting of December 14, 2009, the following retirement commendation will be considered under the consent agenda: 1. David D. Burke for thirty-six years of service with the City of Janesville (File Resolution Number 2009-661) ? David will be attending the December 14, 2009 Council meeting. ? David began working for the City of Janesville on June 5, 1973, as a Laborer in the Public Works Division. ? David was promoted to an Equipment Operator in 1977 and a Working Foreman in 1990. ? David’s retirement date is January 8, 2010. 2. Steven J. Kopp for thirty-two years of service with the City of Janesville (File Resolution Number 2009-663) ? Steven will be attending the December 14, 2009 Council meeting. ? Steven began working for the City of Janesville on July 18, 1977 as a Police Officer in the Janesville Police Department. ? Steven was promoted to the positions of Detective in 1987; Sergeant in 1990; Lieutenant in 1994; and Deputy Police Chief in 2002. ? Steven’s retirement date is December 31, 2009. 1 3. Thomas R. Wolfram for twenty-three years of service with the City of Janesville (File Resolution Number 2009-664) ? Thomas will be attending the December 14, 2009 Council meeting. ? Thomas began working for the City of Janesville on January 6, 1986 as a Police Officer with the Janesville Police Department. ? Thomas was promoted to the position of Police Sergeant in 1994. ? Thomas’ retirement date is December 31, 2009. 4. Steven W. Sutton for twenty-one and one-half years of service with the City of Janesville (File Resolution Number 2009-665) ? Steven will be attending the December 14, 2009 Council meeting. ? Steven began working for the City of Janesville on April 11, 1988 as a Firefighter/Paramedic with the Janesville Fire Department. ? Steven has held the positions of Firefighter, Paramedic, and Driver. ? Steven’s retirement date is December 26, 2009. Recommendation Staff recommends adoption of File Resolutions 2009-661, 2009-663, 2009-664, and 2009-665. Suggested Motion I move to adopt File Resolutions 2009-661, 2009-663, 2009-664, and 2009-665 to commend David D. Burke, Steven J. Kopp, Thomas R. Wolfram, and Steven W. Sutton on their service to the City of Janesville. 2 RESOLUTION NO. 2009-665 Whereas, Steven W. Sutton is retiring from City of Janesville employment after having served the people of the City of Janesville and the community for twenty- one and one-half years; retiring as a Driver with the City of Janesville Fire Department; and Whereas, during Steven W. Sutton’s employment with the City of Janesville, he provided professional service and demonstrated devotion to the duties of his position, which he performed with competence, sincerity, and dedication; and Whereas, it is desired that such commendable service to the City of Janesville be properly recognized; Now, Therefore, Be It Resolved that the people of the City of Janesville, through the City Council, do express their grateful appreciation to Steven W. Sutton for his twenty-one and one-half years of public service. th Dated this 14 day of December, 2009. ADOPTED: Motion by: Second by: APPROVED: Councilmember Aye Nay Pass Absent Brunner McDonald Eric J. Levitt, City Manager Perrotto Rashkin ATTEST: Steeber Truman Jean Ann Wulf, City Clerk-Treasurer Voskuil APPROVED AS TO FORM: Assistant City Attorney Proposed by: Human Resources Prepared by: Human Resources HUMAN RESOURCES DIVISION MEMORANDUM December 3, 2009 TO: City Council FROM: Susan Musick, Human Resources Director SUBJECT: Action on proposed resolutions in commendation of David Burke, Steven Kopp, Thomas Wolfram and Steven Sutton’s service to the City of Janesville. Executive Summary At the City Council meeting of December 14, 2009, the following retirement commendation will be considered under the consent agenda: 1. David D. Burke for thirty-six years of service with the City of Janesville (File Resolution Number 2009-661) ? David will be attending the December 14, 2009 Council meeting. ? David began working for the City of Janesville on June 5, 1973, as a Laborer in the Public Works Division. ? David was promoted to an Equipment Operator in 1977 and a Working Foreman in 1990. ? David’s retirement date is January 8, 2010. 2. Steven J. Kopp for thirty-two years of service with the City of Janesville (File Resolution Number 2009-663) ? Steven will be attending the December 14, 2009 Council meeting. ? Steven began working for the City of Janesville on July 18, 1977 as a Police Officer in the Janesville Police Department. ? Steven was promoted to the positions of Detective in 1987; Sergeant in 1990; Lieutenant in 1994; and Deputy Police Chief in 2002. ? Steven’s retirement date is December 31, 2009. 1 3. Thomas R. Wolfram for twenty-three years of service with the City of Janesville (File Resolution Number 2009-664) ? Thomas will be attending the December 14, 2009 Council meeting. ? Thomas began working for the City of Janesville on January 6, 1986 as a Police Officer with the Janesville Police Department. ? Thomas was promoted to the position of Police Sergeant in 1994. ? Thomas’ retirement date is December 31, 2009. 4. Steven W. Sutton for twenty-one and one-half years of service with the City of Janesville (File Resolution Number 2009-665) ? Steven will be attending the December 14, 2009 Council meeting. ? Steven began working for the City of Janesville on April 11, 1988 as a Firefighter/Paramedic with the Janesville Fire Department. ? Steven has held the positions of Firefighter, Paramedic, and Driver. ? Steven’s retirement date is December 26, 2009. Recommendation Staff recommends adoption of File Resolutions 2009-661, 2009-663, 2009-664, and 2009-665. Suggested Motion I move to adopt File Resolutions 2009-661, 2009-663, 2009-664, and 2009-665 to commend David D. Burke, Steven J. Kopp, Thomas R. Wolfram, and Steven W. Sutton on their service to the City of Janesville. 2 RESOLUTION NO. 2009-664 Whereas, Thomas R. Wolfram is retiring from City of Janesville employment after having diligently served the people of the City of Janesville and the community for twenty-three years; retiring as a Lieutenant with the City of Janesville Police Department; and Whereas, Thomas R. Wolfram served as a Police Officer, Sergeant, and Lieutenant; and Whereas, during Thomas R. Wolfram’s employment with the City of Janesville, he provided exemplary professional service and demonstrated conscientious devotion to the duties of his position, which he performed with competence, sincerity, honesty, and dedication; and Whereas, it is desired that such commendable service to the City of Janesville be properly recognized; Now, Therefore, Be It Resolved that the people of the City of Janesville, through the City Council, do express their grateful appreciation to Thomas R. Wolfram for his twenty-three years of loyal public service. th Dated this 14 day of December, 2009. ADOPTED: Motion by: Second by: APPROVED: Councilmember Aye Nay Pass Absent Brunner McDonald Eric J. Levitt, City Manager Perrotto Rashkin ATTEST: Steeber Truman Jean Ann Wulf, City Clerk-Treasurer Voskuil APPROVED AS TO FORM: Assistant City Attorney Proposed by: Human Resources Prepared by: Human Resources CLERK-TREASURER'S OFFICE MEMORANDUM TO: Eric Levitt, City Manager FROM: David T. Godek, City Deputy Clerk-Treasurer DATE: December 3, 2009 SUBJECT: Appointment of Election Inspectors for 2010 and 2011 In accordance with State Statute 7.30 (4), the two dominant political parties have the opportunity to submit lists of candidates for appointment as election inspectors. The appointment would be for a two year term. The City Clerk-Treasurer’s Office requested but did not receive a list of proposed appointments from the Democratic and Republican Parties. Typically, 130-200 election inspectors are required to fully staff the polls on election day. State Statutes authorizes the City Clerk-Treasurer to appoint election inspectors when there are vacancies. Therefore, the Clerk-Treasurer would like to appoint 216 independent election inspectors (Exhibit I). The Clerk-Treasurer’s Office respectfully requests that the City Council approve all election inspector appointments as presented. Attachments cc: Jay Winzenz, Assistant City Manager and Director of Administrative Services Jean Ann Wulf, City Clerk-Treasurer J:\Finance & Administration\Clerk Treasurer\Clerk\Elections\Pollworkers\Democratic-Republican Chair Letters\Appointment of Election Officials Memo 2010-2011.doc LastNameFirstNameMiddle NamePoll AssignmentAddress 1 ALLISONDONALDGENEHedberg Public Library731 NORTH GARFIELD AVENUE ALTMANNLOISANNMarshall Middle School1212 SHANNON COURT ALTMANNROBERTTHedberg Public Library1212 SHANNON COURT AMUNDSONLOU ANNSHIRLEYKennedy School4033 DEVEREAUX DRIVE ANDERSONJOANNEOLSENEdison Middle School1818 WATERFORD DRIVE ANDERSONJOHNERICEdison Middle School1818 WATERFORD DRIVE ANDERSONSHERMANEDWARDFirst Lutheran Church935 MATHESON STREET ARNDTNANCYANNKennedy School602 ROCKSHIRE DRIVE ARUTACHRISTOPHERAEdison Middle School238 SOUTH HARMONY DRIVE ATWOODDANIELM.Hedberg Public Library215 SOUTH DIVISION STREET ATWOODKARENNESLUNDHedberg Public Library215 SOUTH DIVISION STREET 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OLSONWAYNEARTHURKennedy School1521 LIBERTY LANE ONSRUDMARTELLEK.Washington School2015 ELIZABETH STREET PAVEKDONALDROBERTHedberg Public Library2424 WESLEY AVENUE PERRYANNMARIEMadison School618 SUNSET DRIVE PERRYMICHAELARTHURMadison School618 SUNSET DRIVE PETTERKARLOTTOMadison School2215 MORELAND DRIVE PETTERMARGARETLUCILLEMadison School2215 MORELAND DRIVE QUADEDIANEFirst Lutheran Church215 SOUTH FREMONT STREET RACKOWNOREENCAROLWashington School1258 NORTH PARKER DRIVE RAUIRENEMFirst Lutheran Church464 SOUTH FREMONT STREET REBMANLOISJEANHedberg Public Library1226 BINGHAM AVENUE REEDJO ANNKennedy School4031 DEVEREAUX DRIVE REEDMARJORIEAHedberg Public Library703 EAST MILWAUKEE STREET REIDJEANNEHarrison School776 NORTH WRIGHT ROAD RICEPHYLLISMARYHedberg Public Library1511 NORTH SUMAC DRIVE ROBERTSMOLLIEELIZABETHHarrison School4023 TISBURY DRIVE ROCKENFIELDMARYANNWashington School2313 ELIZABETH STREET ROEHLDORISANNEKennedy School4017 DORCHESTER DRIVE ROEHLGERALDALANKennedy School4017 DORCHESTER DRIVE ROEHLRUTHMARIEKennedy School4000 SARATOGA DRIVE ROHLOFFBEATRICEBURNSMarshall Middle School4030 DEVEREAUX DRIVE RONDEAUUNAMJefferson School1903 LIBERTY LANE RYANLISANACKERUDHedberg Public Library449 SOUTH ATWOOD AVENUE SARGENTDIANED.First Lutheran Church35 SOUTH RINGOLD STREET SARGENTWAYNEL.First Lutheran Church35 SOUTH RINGOLD STREET SARNOWJOHNWHarrison School1223 SHANNON COURT SCHOOFFSONJAF.Marshall Middle School3351 RANDOLPH ROAD SCHULZEHAROLDREUBENEdison Middle School2223 COMMONS AVENUE SCHULZELOISEdison Middle School2223 COMMONS AVENUE SCHUMACHERJEANNINEFirst Lutheran Church342 SOUTH RANDALL AVENUE SCHWABJOYCEEdison Middle School35 FLAMINGO LANE SELGRENPHILIPMORTONMarshall Middle School1711 NORTH SUMAC DRIVE SERVAISDANIELJ.Marshall Middle School3718 CURRY LANE SERVAISLINDADIANEMarshall Middle School3718 CURRY LANE SEVERSONMARYLOUEdison Middle School100 NORTH FRANKLIN STREET SHARIFIMAUREENK.Hedberg Public Library830 NORTH GARFIELD AVENUE 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School1902 NORTH WRIGHT ROAD SZUDARSKICATHERINEEdison Middle School1923 LA FAYETTE STREET TEMPLEMARIANTHERESEJefferson School1405 LIBERTY LANE TEMPLEROGERHJefferson School1405 LIBERTY LANE THORNTONMABLEGLOWACKIJefferson School1344 ELIDA STREET TOMASZEWSKIPATRICIAAUnassigned/Floater3229 GLENBARR DRIVE TOMTENAUDREYM.Washington School2107 ELIZABETH STREET TREWARTHAELLENGRACEWilson School612 WEXFORD ROAD VON ALLMENHANSHarrison School3927 BRUNSWICK LANE WACHLINSHIRLEYJEANEdison Middle School1700 SOUTH RIVER ROAD WAGNERPATRICIAJ.Marshall Middle School2501 HYACINTH AVENUE WALDENELLENPETERSONWashington School1555 ROYAL OAKS DRIVE WARDGRACECHARLENEMarshall Middle School2110 EAST RUGBY ROAD WATSONIONELORAINEEdison Middle School311 EDISON AVENUE WENTWORTHKARENE.Harrison School613 EAST HOLMES STREET WESTPHALWILLIAME.Unassigned/Floater102 SINCLAIR STREET WICKHEMMARYELIZABETHHarrison School4135 PARK VIEW DRIVE WOODMARLYSJHedberg Public Library4018 DORCHESTER DRIVE YOSSFREDERICKEFirst Lutheran Church317 CLARK STREET ZIEGLERGLORIAJAMESJefferson School440 SOUTH BLACKHAWK STREET ZIMMERMANCARYND.Jefferson School1402 LIBERTY LANE ZIMMERMANDONALDJOHNFirst Lutheran Church3916 EAST MILWAUKEE STREET DEPARTMENT OF PUBLIC WORKS MEMORANDUM December 4, 2009 TO: City Council FROM: John Whitcomb, Operations Director SUBJECT: Proposed Indemnification Agreements with Wisconsin Department of Natural Resources Summary This memo provides information regarding proposed indemnification agreements with the Wisconsin Department of Natural Resources (WDNR) pertaining to the landfill disposal of deer carcasses possibly affected with chronic wasting disease (CWD). The indemnification agreements cover disposal operations at the City’s landfill and treatment of landfill leachate at the City’s wastewater treatment facility. The issues relative to deer carcass disposal at the landfill were reviewed by the Sustainable Janesville Committee at their meetings on November 17 and December 1, 2009. At their meeting on December 1, 2009, the committee recommended that the City Council authorize the City Manager to enter into the proposed agreements on a 4-3 vote. Staff Recommendation Given the available information, including the UW study on prion behavior in landfills and that CWD has not been shown to be transmissible to humans, staff believes continuing to accept deer carcasses for disposal at the landfill presents a low level of environmental and human health risk. Further, in the absence of a landfill disposal option, meat processors and residents processing their own deer have no other appropriate disposal options which would likely lead to indiscriminate dumping of carcasses and renderings. Therefore, following Council discussion, staff recommends the City Council authorize the Administration to enter into both the landfill and wastewater treatment facility indemnification agreements with the WDNR. Recommended Motion I move to authorize the Administration to enter into the proposed indemnification agreements as recommended by staff. City Manager Recommendation The City Manager concurs with the staff and Sustainability Committee recommendation based on the information provided by the WDNR. 1 Background CWD is a fatal nervous system disease known to naturally infect whitetail deer and other specific cervid populations. CWD belongs to a family of nervous system diseases known as transmissible spongiform encephalopothies (TSE) or prion diseases. It has common features with other prion diseases, like mad cow disease in cattle, scrapie in sheep, and Creutzfeldt-Jakob Disease in humans. However, CWD is distinct and known only to infect specific members of the deer family. Like scrapie in sheep, there is no evidence showing CWD in deer is transmissible to humans. This is unlike mad cow disease which has been shown to be transmissible to humans under specific circumstances. Given the extensive amount of information available through DNR about CWD, those wishing additional information should visit the DNR’s website at: http://dnr.wi.gov/org/land/wildlife/whealth/issues/CWD/ One of the issues which has arisen as a result of the discovery of CWD regards questions about the proper disposal of deer carcasses. Only chemical digestion and high temperature incineration will actually destroy the prions which cause all manifestations of TSE. However, these methods are costly and not practical at this time given the numbers of carcasses and renderings available for disposal on an annual basis. Some landfills have stopped accepting deer carcasses for disposal, for various reasons, but primarily over concern about potential future regulation of the prions causing CWD, not necessarily health-related concerns. Some of these landfills had to stop accepting deer carcasses because the wastewater treatment facilities treating their leachate required the landfills stop accepting deer carcasses. These wastewater treatment facilities had similar concerns over potential future regulation of prions. The City has continued to accept deer carcasses from residents and current customers for disposal at its landfill, adopting special handling and disposal procedures recommended by WDNR and the U.S. Environmental Protection Agency. The University of Wisconsin, a leader in CWD and prion research, conducted a study to specifically determine how prions would behave in the landfill environment. The study concluded that landfill disposal of carcasses and renderings affected with CWD presents a very low-level risk of potential future exposure to the prions causing CWD, either within the landfill or via leachate that exits the landfill and is treated at a wastewater treatment facility. This study has been used by agencies in other states in developing their carcass disposal policies. All other states currently dealing with this issue recommend landfill disposal, as does the EPA. In response to the limited landfill disposal options currently available, DNR has developed indemnification agreements for landfills willing to accommodate deer carcass disposal and for wastewater facilities treating leachate from these 2 landfills. Under these agreements, the WDNR indemnifies landfills and treatment facilities from future liability directly related to the disposal of CWD affected deer carcasses, provided certain conditions are met. The City Attorney has reviewed and approved the proposed indemnification agreements. On a final note, the City’s wastewater treatment plant staff has indicated they will continue to allow landfill disposal of deer carcasses on condition the Council authorizes, at a minimum, the proposed wastewater treatment plant indemnification agreement. Without this indemnification agreement, the landfill will be unable to continue to accept deer carcasses. The issues relative to deer carcass disposal were reviewed by the Sustainable Janesville Committee at their meetings on November 17 and December 1, 2009. At their meeting on December 1, 2009, the committee recommended that the City Council authorize the City Manager to enter into the proposed agreements on a 4-3 vote. 3 An Analysis of Risks Associated with the Disposal of Deer from Wisconsin in Municipal Solid Waste Landfills 1.Background The purpose of this document is to evaluate risks associated with the landfilling of CWD-infected deer carcasses. It uses the current scientific information available on this subject and, as such, should be considered an interim document that will be updated as new information is available. 1.1 The Challenge In February 2002 the first cases of chronic wasting disease (CWD) in free-ranging white-tailed deer east of the Mississippi River were reported in southwest Wisconsin. Further surveillance revealed a 3% rate of infection in an 11-mile radius around the initial cases. Based on these findings and the input of wildlife disease control and CWD experts, a disease eradication program was developed. This program calls for the harvest of all of the deer within a 360 square mile area and for population reductions in the surrounding areas. The zone targeted for complete depopulation has been designated the eradication zone (EZ) and the surrounding area has been termed the management zone. It is estimated that, as of fall of 2002, there are approximately 25,000 deer in the EZ alone. Citizen-hunters are expected to be the primary means of removing deer from the EZ. It is expected that the majority of these deer will not be used as a source of venison. Therefore, the carcasses will need to be disposed of in a manner that does not jeopardize animal or human health or environmental quality. Any disposal method must also have the following attributes: the capacity to handle a large number of carcasses; the ability to conform to local, state and national laws and regulations; and to be in place by October 2002. A final consideration is the cost of disposal. Although the latter is not the primary consideration, it is likely that disposal costs will be one of the largest expenses of Wisconsin’s CWD control program. The four primary options currently under consideration for the disposal of deer are landfilling, rendering, incineration and chemical digestion. Deer carcasses and tissues are often sent to municipal solid waste landfills. This material is incorporated in with other waste at the landfill. Landfills generate a certain amount of liquid, termed leachate, which is collected and processed. This leachate results primarily from precipitation falling on the landfill surface. Composite landfill liners prevent leachate from entering groundwater. The leachate is collected at the base of the waste just above the liner. In most instances the leachate is transferred to a wastewater treatment plant (WWTP) for treatment. Less commonly, some landfills may recirculate a portion of the leachate. At the WWTP, the leachate is processed along other wastewater. Solids are separated from the water portion. This material, termed “sludge” or biosolids, is commonly applied on farm fields or landfilled. Based on the above, the primary pathway of potential risk identified for the CWD prion following landfill disposal of infected deer can be described as: ????? carcasslandfill leachatewastewater treatment plantsludge ? farm fieldingestion by humans or deer. 1 An Analysis of Risks Associated with the Disposal of Deer from Wisconsin in Municipal Solid Waste Landfills 1.Background The purpose of this document is to evaluate risks associated with the landfilling of CWD-infected deer carcasses. It uses the current scientific information available on this subject and, as such, should be considered an interim document that will be updated as new information is available. 1.1 The Challenge In February 2002 the first cases of chronic wasting disease (CWD) in free-ranging white-tailed deer east of the Mississippi River were reported in southwest Wisconsin. Further surveillance revealed a 3% rate of infection in an 11-mile radius around the initial cases. Based on these findings and the input of wildlife disease control and CWD experts, a disease eradication program was developed. This program calls for the harvest of all of the deer within a 360 square mile area and for population reductions in the surrounding areas. The zone targeted for complete depopulation has been designated the eradication zone (EZ) and the surrounding area has been termed the management zone. It is estimated that, as of fall of 2002, there are approximately 25,000 deer in the EZ alone. Citizen-hunters are expected to be the primary means of removing deer from the EZ. It is expected that the majority of these deer will not be used as a source of venison. Therefore, the carcasses will need to be disposed of in a manner that does not jeopardize animal or human health or environmental quality. Any disposal method must also have the following attributes: the capacity to handle a large number of carcasses; the ability to conform to local, state and national laws and regulations; and to be in place by October 2002. A final consideration is the cost of disposal. Although the latter is not the primary consideration, it is likely that disposal costs will be one of the largest expenses of Wisconsin’s CWD control program. The four primary options currently under consideration for the disposal of deer are landfilling, rendering, incineration and chemical digestion. Deer carcasses and tissues are often sent to municipal solid waste landfills. This material is incorporated in with other waste at the landfill. Landfills generate a certain amount of liquid, termed leachate, which is collected and processed. This leachate results primarily from precipitation falling on the landfill surface. Composite landfill liners prevent leachate from entering groundwater. The leachate is collected at the base of the waste just above the liner. In most instances the leachate is transferred to a wastewater treatment plant (WWTP) for treatment. Less commonly, some landfills may recirculate a portion of the leachate. At the WWTP, the leachate is processed along other wastewater. Solids are separated from the water portion. This material, termed “sludge” or biosolids, is commonly applied on farm fields or landfilled. Based on the above, the primary pathway of potential risk identified for the CWD prion following landfill disposal of infected deer can be described as: ????? carcasslandfill leachatewastewater treatment plantsludge ? farm fieldingestion by humans or deer. 1 An Analysis of Risks Associated with the Disposal of Deer from Wisconsin in Municipal Solid Waste Landfills 1.Background The purpose of this document is to evaluate risks associated with the landfilling of CWD-infected deer carcasses. It uses the current scientific information available on this subject and, as such, should be considered an interim document that will be updated as new information is available. 1.1 The Challenge In February 2002 the first cases of chronic wasting disease (CWD) in free-ranging white-tailed deer east of the Mississippi River were reported in southwest Wisconsin. Further surveillance revealed a 3% rate of infection in an 11-mile radius around the initial cases. Based on these findings and the input of wildlife disease control and CWD experts, a disease eradication program was developed. This program calls for the harvest of all of the deer within a 360 square mile area and for population reductions in the surrounding areas. The zone targeted for complete depopulation has been designated the eradication zone (EZ) and the surrounding area has been termed the management zone. It is estimated that, as of fall of 2002, there are approximately 25,000 deer in the EZ alone. Citizen-hunters are expected to be the primary means of removing deer from the EZ. It is expected that the majority of these deer will not be used as a source of venison. Therefore, the carcasses will need to be disposed of in a manner that does not jeopardize animal or human health or environmental quality. Any disposal method must also have the following attributes: the capacity to handle a large number of carcasses; the ability to conform to local, state and national laws and regulations; and to be in place by October 2002. A final consideration is the cost of disposal. Although the latter is not the primary consideration, it is likely that disposal costs will be one of the largest expenses of Wisconsin’s CWD control program. The four primary options currently under consideration for the disposal of deer are landfilling, rendering, incineration and chemical digestion. Deer carcasses and tissues are often sent to municipal solid waste landfills. This material is incorporated in with other waste at the landfill. Landfills generate a certain amount of liquid, termed leachate, which is collected and processed. This leachate results primarily from precipitation falling on the landfill surface. Composite landfill liners prevent leachate from entering groundwater. The leachate is collected at the base of the waste just above the liner. In most instances the leachate is transferred to a wastewater treatment plant (WWTP) for treatment. Less commonly, some landfills may recirculate a portion of the leachate. At the WWTP, the leachate is processed along other wastewater. Solids are separated from the water portion. This material, termed “sludge” or biosolids, is commonly applied on farm fields or landfilled. Based on the above, the primary pathway of potential risk identified for the CWD prion following landfill disposal of infected deer can be described as: ????? carcasslandfill leachatewastewater treatment plantsludge ? farm fieldingestion by humans or deer. 1 An Analysis of Risks Associated with the Disposal of Deer from Wisconsin in Municipal Solid Waste Landfills 1.Background The purpose of this document is to evaluate risks associated with the landfilling of CWD-infected deer carcasses. It uses the current scientific information available on this subject and, as such, should be considered an interim document that will be updated as new information is available. 1.1 The Challenge In February 2002 the first cases of chronic wasting disease (CWD) in free-ranging white-tailed deer east of the Mississippi River were reported in southwest Wisconsin. Further surveillance revealed a 3% rate of infection in an 11-mile radius around the initial cases. Based on these findings and the input of wildlife disease control and CWD experts, a disease eradication program was developed. This program calls for the harvest of all of the deer within a 360 square mile area and for population reductions in the surrounding areas. The zone targeted for complete depopulation has been designated the eradication zone (EZ) and the surrounding area has been termed the management zone. It is estimated that, as of fall of 2002, there are approximately 25,000 deer in the EZ alone. Citizen-hunters are expected to be the primary means of removing deer from the EZ. It is expected that the majority of these deer will not be used as a source of venison. Therefore, the carcasses will need to be disposed of in a manner that does not jeopardize animal or human health or environmental quality. Any disposal method must also have the following attributes: the capacity to handle a large number of carcasses; the ability to conform to local, state and national laws and regulations; and to be in place by October 2002. A final consideration is the cost of disposal. Although the latter is not the primary consideration, it is likely that disposal costs will be one of the largest expenses of Wisconsin’s CWD control program. The four primary options currently under consideration for the disposal of deer are landfilling, rendering, incineration and chemical digestion. Deer carcasses and tissues are often sent to municipal solid waste landfills. This material is incorporated in with other waste at the landfill. Landfills generate a certain amount of liquid, termed leachate, which is collected and processed. This leachate results primarily from precipitation falling on the landfill surface. Composite landfill liners prevent leachate from entering groundwater. The leachate is collected at the base of the waste just above the liner. In most instances the leachate is transferred to a wastewater treatment plant (WWTP) for treatment. Less commonly, some landfills may recirculate a portion of the leachate. At the WWTP, the leachate is processed along other wastewater. Solids are separated from the water portion. This material, termed “sludge” or biosolids, is commonly applied on farm fields or landfilled. Based on the above, the primary pathway of potential risk identified for the CWD prion following landfill disposal of infected deer can be described as: ????? carcasslandfill leachatewastewater treatment plantsludge ? farm fieldingestion by humans or deer. 1 An Analysis of Risks Associated with the Disposal of Deer from Wisconsin in Municipal Solid Waste Landfills 1.Background The purpose of this document is to evaluate risks associated with the landfilling of CWD-infected deer carcasses. It uses the current scientific information available on this subject and, as such, should be considered an interim document that will be updated as new information is available. 1.1 The Challenge In February 2002 the first cases of chronic wasting disease (CWD) in free-ranging white-tailed deer east of the Mississippi River were reported in southwest Wisconsin. Further surveillance revealed a 3% rate of infection in an 11-mile radius around the initial cases. Based on these findings and the input of wildlife disease control and CWD experts, a disease eradication program was developed. This program calls for the harvest of all of the deer within a 360 square mile area and for population reductions in the surrounding areas. The zone targeted for complete depopulation has been designated the eradication zone (EZ) and the surrounding area has been termed the management zone. It is estimated that, as of fall of 2002, there are approximately 25,000 deer in the EZ alone. Citizen-hunters are expected to be the primary means of removing deer from the EZ. It is expected that the majority of these deer will not be used as a source of venison. Therefore, the carcasses will need to be disposed of in a manner that does not jeopardize animal or human health or environmental quality. Any disposal method must also have the following attributes: the capacity to handle a large number of carcasses; the ability to conform to local, state and national laws and regulations; and to be in place by October 2002. A final consideration is the cost of disposal. Although the latter is not the primary consideration, it is likely that disposal costs will be one of the largest expenses of Wisconsin’s CWD control program. The four primary options currently under consideration for the disposal of deer are landfilling, rendering, incineration and chemical digestion. Deer carcasses and tissues are often sent to municipal solid waste landfills. This material is incorporated in with other waste at the landfill. Landfills generate a certain amount of liquid, termed leachate, which is collected and processed. This leachate results primarily from precipitation falling on the landfill surface. Composite landfill liners prevent leachate from entering groundwater. The leachate is collected at the base of the waste just above the liner. In most instances the leachate is transferred to a wastewater treatment plant (WWTP) for treatment. Less commonly, some landfills may recirculate a portion of the leachate. At the WWTP, the leachate is processed along other wastewater. Solids are separated from the water portion. This material, termed “sludge” or biosolids, is commonly applied on farm fields or landfilled. Based on the above, the primary pathway of potential risk identified for the CWD prion following landfill disposal of infected deer can be described as: ????? carcasslandfill leachatewastewater treatment plantsludge ? farm fieldingestion by humans or deer. 1 1.2 The Disease CWD is a member of the transmissible spongiform encephalopathies (TSEs) a group of diseases that includes scrapie of sheep, bovine spongiform encephalopathy (BSE) of cattle and Creutzfeldt-Jakob Disease of humans. BSE is the only animal TSE for which there is experimental and epidemiological evidence of transmission to humans (Bruce et al. 1997, Hill et al. 1997 and Scott et al. 1999). All of the diseases in this group are characterized by a prolonged incubation, insidious onset of neurological signs, typically slow progression and eventual death. As a group, the TSEs are infectious, but not highly contagious. The specific transmission routes (i.e. portal(s) of agent exit and entry) of CWD between infected and susceptible animals have not been established. There is evidence that CWD can be transmitted by direct and indirect means; that is by animal-to-animal contact or by animal contact with contaminated items or the environment. 1.3Biochemical and Physical Properties of the TSEs Biochemically, the TSEs are characterized by a resistant form of a normal protein that is found in all mammalian and avian species examined to date. This protein is termed prion protein (PrP). The abnormal form, termed PrP-res, is associated with TSE infectivity and pathogenicity. The “res” refers to the fact that the abnormal prion protein is partially resistant to proteinase K digestion. Unlike the normal host prion protein, PrP-res forms ordered oligomeric structures; which are units composed of more than one protein chain. PrP-res has both hydrophilic and hydrophobic regions (Meyer et al. 1986). The hydrophobic region will be an important determinant of the behavior of the CWD agent in the landfill environment. Other distinctive properties of PrP-res include resistance to many of the commonly used disinfectants and inactivation procedures that are typically used to destroy infectious agents. Finally, there are multiple strains of TSE agents that have been identified, even within a particular disease group. Research has shown that some strains are more resistant to inactivation than others. With respect to CWD, it is unknown whether there are multiple strains and what relative degree of resistance to inactivation CWD has with respect to some of the better characterized TSE agents such as scrapie and BSE. 2. Behavior of the Prion Protein (PrP-res) in the Environment 2.1 Soil and Solid Waste Due to the hydrophobic regions of the CWD PrP-res molecule, infectious prions in the environment can be expected to adsorb to organic material and soil. Initially the infectious agent is likely to adhere to the protein and carbohydrate components of the animal carcass. As the carcass decomposes, the undegraded PrP-res will adhere to adjacent soil or waste material in a landfill. The ability of scrapie prions to bind to metals and plastics has been reported (Flechsig et al, 2001; Weissman et al., 2002). All municipal solid waste landfills in Wisconsin employ a thick plastic membrane (generally polyethylene) as a component of the liner. This liner acts as a protective barrier and should prevent the movement of 'free' prions to subsurface soils or to groundwater. In the only experiment to examine the fate of PrP-res in an outdoor environment, Brown and Gajdusek (1991) buried perforated petri dishes containing hamster scrapie in a residential garden for three years. They found that approximately 1% of the original infectivity in the original location survived this term. Examining surrounding soil layers, no infectivity was found above the original 2 1.2 The Disease CWD is a member of the transmissible spongiform encephalopathies (TSEs) a group of diseases that includes scrapie of sheep, bovine spongiform encephalopathy (BSE) of cattle and Creutzfeldt-Jakob Disease of humans. BSE is the only animal TSE for which there is experimental and epidemiological evidence of transmission to humans (Bruce et al. 1997, Hill et al. 1997 and Scott et al. 1999). All of the diseases in this group are characterized by a prolonged incubation, insidious onset of neurological signs, typically slow progression and eventual death. As a group, the TSEs are infectious, but not highly contagious. The specific transmission routes (i.e. portal(s) of agent exit and entry) of CWD between infected and susceptible animals have not been established. There is evidence that CWD can be transmitted by direct and indirect means; that is by animal-to-animal contact or by animal contact with contaminated items or the environment. 1.3Biochemical and Physical Properties of the TSEs Biochemically, the TSEs are characterized by a resistant form of a normal protein that is found in all mammalian and avian species examined to date. This protein is termed prion protein (PrP). The abnormal form, termed PrP-res, is associated with TSE infectivity and pathogenicity. The “res” refers to the fact that the abnormal prion protein is partially resistant to proteinase K digestion. Unlike the normal host prion protein, PrP-res forms ordered oligomeric structures; which are units composed of more than one protein chain. PrP-res has both hydrophilic and hydrophobic regions (Meyer et al. 1986). The hydrophobic region will be an important determinant of the behavior of the CWD agent in the landfill environment. Other distinctive properties of PrP-res include resistance to many of the commonly used disinfectants and inactivation procedures that are typically used to destroy infectious agents. Finally, there are multiple strains of TSE agents that have been identified, even within a particular disease group. Research has shown that some strains are more resistant to inactivation than others. With respect to CWD, it is unknown whether there are multiple strains and what relative degree of resistance to inactivation CWD has with respect to some of the better characterized TSE agents such as scrapie and BSE. 2. Behavior of the Prion Protein (PrP-res) in the Environment 2.1 Soil and Solid Waste Due to the hydrophobic regions of the CWD PrP-res molecule, infectious prions in the environment can be expected to adsorb to organic material and soil. Initially the infectious agent is likely to adhere to the protein and carbohydrate components of the animal carcass. As the carcass decomposes, the undegraded PrP-res will adhere to adjacent soil or waste material in a landfill. The ability of scrapie prions to bind to metals and plastics has been reported (Flechsig et al, 2001; Weissman et al., 2002). All municipal solid waste landfills in Wisconsin employ a thick plastic membrane (generally polyethylene) as a component of the liner. This liner acts as a protective barrier and should prevent the movement of 'free' prions to subsurface soils or to groundwater. In the only experiment to examine the fate of PrP-res in an outdoor environment, Brown and Gajdusek (1991) buried perforated petri dishes containing hamster scrapie in a residential garden for three years. They found that approximately 1% of the original infectivity in the original location survived this term. Examining surrounding soil layers, no infectivity was found above the original 2 1.2 The Disease CWD is a member of the transmissible spongiform encephalopathies (TSEs) a group of diseases that includes scrapie of sheep, bovine spongiform encephalopathy (BSE) of cattle and Creutzfeldt-Jakob Disease of humans. BSE is the only animal TSE for which there is experimental and epidemiological evidence of transmission to humans (Bruce et al. 1997, Hill et al. 1997 and Scott et al. 1999). All of the diseases in this group are characterized by a prolonged incubation, insidious onset of neurological signs, typically slow progression and eventual death. As a group, the TSEs are infectious, but not highly contagious. The specific transmission routes (i.e. portal(s) of agent exit and entry) of CWD between infected and susceptible animals have not been established. There is evidence that CWD can be transmitted by direct and indirect means; that is by animal-to-animal contact or by animal contact with contaminated items or the environment. 1.3Biochemical and Physical Properties of the TSEs Biochemically, the TSEs are characterized by a resistant form of a normal protein that is found in all mammalian and avian species examined to date. This protein is termed prion protein (PrP). The abnormal form, termed PrP-res, is associated with TSE infectivity and pathogenicity. The “res” refers to the fact that the abnormal prion protein is partially resistant to proteinase K digestion. Unlike the normal host prion protein, PrP-res forms ordered oligomeric structures; which are units composed of more than one protein chain. PrP-res has both hydrophilic and hydrophobic regions (Meyer et al. 1986). The hydrophobic region will be an important determinant of the behavior of the CWD agent in the landfill environment. Other distinctive properties of PrP-res include resistance to many of the commonly used disinfectants and inactivation procedures that are typically used to destroy infectious agents. Finally, there are multiple strains of TSE agents that have been identified, even within a particular disease group. Research has shown that some strains are more resistant to inactivation than others. With respect to CWD, it is unknown whether there are multiple strains and what relative degree of resistance to inactivation CWD has with respect to some of the better characterized TSE agents such as scrapie and BSE. 2. Behavior of the Prion Protein (PrP-res) in the Environment 2.1 Soil and Solid Waste Due to the hydrophobic regions of the CWD PrP-res molecule, infectious prions in the environment can be expected to adsorb to organic material and soil. Initially the infectious agent is likely to adhere to the protein and carbohydrate components of the animal carcass. As the carcass decomposes, the undegraded PrP-res will adhere to adjacent soil or waste material in a landfill. The ability of scrapie prions to bind to metals and plastics has been reported (Flechsig et al, 2001; Weissman et al., 2002). All municipal solid waste landfills in Wisconsin employ a thick plastic membrane (generally polyethylene) as a component of the liner. This liner acts as a protective barrier and should prevent the movement of 'free' prions to subsurface soils or to groundwater. In the only experiment to examine the fate of PrP-res in an outdoor environment, Brown and Gajdusek (1991) buried perforated petri dishes containing hamster scrapie in a residential garden for three years. They found that approximately 1% of the original infectivity in the original location survived this term. Examining surrounding soil layers, no infectivity was found above the original 2 1.2 The Disease CWD is a member of the transmissible spongiform encephalopathies (TSEs) a group of diseases that includes scrapie of sheep, bovine spongiform encephalopathy (BSE) of cattle and Creutzfeldt-Jakob Disease of humans. BSE is the only animal TSE for which there is experimental and epidemiological evidence of transmission to humans (Bruce et al. 1997, Hill et al. 1997 and Scott et al. 1999). All of the diseases in this group are characterized by a prolonged incubation, insidious onset of neurological signs, typically slow progression and eventual death. As a group, the TSEs are infectious, but not highly contagious. The specific transmission routes (i.e. portal(s) of agent exit and entry) of CWD between infected and susceptible animals have not been established. There is evidence that CWD can be transmitted by direct and indirect means; that is by animal-to-animal contact or by animal contact with contaminated items or the environment. 1.3Biochemical and Physical Properties of the TSEs Biochemically, the TSEs are characterized by a resistant form of a normal protein that is found in all mammalian and avian species examined to date. This protein is termed prion protein (PrP). The abnormal form, termed PrP-res, is associated with TSE infectivity and pathogenicity. The “res” refers to the fact that the abnormal prion protein is partially resistant to proteinase K digestion. Unlike the normal host prion protein, PrP-res forms ordered oligomeric structures; which are units composed of more than one protein chain. PrP-res has both hydrophilic and hydrophobic regions (Meyer et al. 1986). The hydrophobic region will be an important determinant of the behavior of the CWD agent in the landfill environment. Other distinctive properties of PrP-res include resistance to many of the commonly used disinfectants and inactivation procedures that are typically used to destroy infectious agents. Finally, there are multiple strains of TSE agents that have been identified, even within a particular disease group. Research has shown that some strains are more resistant to inactivation than others. With respect to CWD, it is unknown whether there are multiple strains and what relative degree of resistance to inactivation CWD has with respect to some of the better characterized TSE agents such as scrapie and BSE. 2. Behavior of the Prion Protein (PrP-res) in the Environment 2.1 Soil and Solid Waste Due to the hydrophobic regions of the CWD PrP-res molecule, infectious prions in the environment can be expected to adsorb to organic material and soil. Initially the infectious agent is likely to adhere to the protein and carbohydrate components of the animal carcass. As the carcass decomposes, the undegraded PrP-res will adhere to adjacent soil or waste material in a landfill. The ability of scrapie prions to bind to metals and plastics has been reported (Flechsig et al, 2001; Weissman et al., 2002). All municipal solid waste landfills in Wisconsin employ a thick plastic membrane (generally polyethylene) as a component of the liner. This liner acts as a protective barrier and should prevent the movement of 'free' prions to subsurface soils or to groundwater. In the only experiment to examine the fate of PrP-res in an outdoor environment, Brown and Gajdusek (1991) buried perforated petri dishes containing hamster scrapie in a residential garden for three years. They found that approximately 1% of the original infectivity in the original location survived this term. Examining surrounding soil layers, no infectivity was found above the original 2 1.2 The Disease CWD is a member of the transmissible spongiform encephalopathies (TSEs) a group of diseases that includes scrapie of sheep, bovine spongiform encephalopathy (BSE) of cattle and Creutzfeldt-Jakob Disease of humans. BSE is the only animal TSE for which there is experimental and epidemiological evidence of transmission to humans (Bruce et al. 1997, Hill et al. 1997 and Scott et al. 1999). All of the diseases in this group are characterized by a prolonged incubation, insidious onset of neurological signs, typically slow progression and eventual death. As a group, the TSEs are infectious, but not highly contagious. The specific transmission routes (i.e. portal(s) of agent exit and entry) of CWD between infected and susceptible animals have not been established. There is evidence that CWD can be transmitted by direct and indirect means; that is by animal-to-animal contact or by animal contact with contaminated items or the environment. 1.3Biochemical and Physical Properties of the TSEs Biochemically, the TSEs are characterized by a resistant form of a normal protein that is found in all mammalian and avian species examined to date. This protein is termed prion protein (PrP). The abnormal form, termed PrP-res, is associated with TSE infectivity and pathogenicity. The “res” refers to the fact that the abnormal prion protein is partially resistant to proteinase K digestion. Unlike the normal host prion protein, PrP-res forms ordered oligomeric structures; which are units composed of more than one protein chain. PrP-res has both hydrophilic and hydrophobic regions (Meyer et al. 1986). The hydrophobic region will be an important determinant of the behavior of the CWD agent in the landfill environment. Other distinctive properties of PrP-res include resistance to many of the commonly used disinfectants and inactivation procedures that are typically used to destroy infectious agents. Finally, there are multiple strains of TSE agents that have been identified, even within a particular disease group. Research has shown that some strains are more resistant to inactivation than others. With respect to CWD, it is unknown whether there are multiple strains and what relative degree of resistance to inactivation CWD has with respect to some of the better characterized TSE agents such as scrapie and BSE. 2. Behavior of the Prion Protein (PrP-res) in the Environment 2.1 Soil and Solid Waste Due to the hydrophobic regions of the CWD PrP-res molecule, infectious prions in the environment can be expected to adsorb to organic material and soil. Initially the infectious agent is likely to adhere to the protein and carbohydrate components of the animal carcass. As the carcass decomposes, the undegraded PrP-res will adhere to adjacent soil or waste material in a landfill. The ability of scrapie prions to bind to metals and plastics has been reported (Flechsig et al, 2001; Weissman et al., 2002). All municipal solid waste landfills in Wisconsin employ a thick plastic membrane (generally polyethylene) as a component of the liner. This liner acts as a protective barrier and should prevent the movement of 'free' prions to subsurface soils or to groundwater. In the only experiment to examine the fate of PrP-res in an outdoor environment, Brown and Gajdusek (1991) buried perforated petri dishes containing hamster scrapie in a residential garden for three years. They found that approximately 1% of the original infectivity in the original location survived this term. Examining surrounding soil layers, no infectivity was found above the original 2 location, a small amount of infectivity was found in the 4 cm soil layer that was directly beneath the perforated dish containing the original inoculum and no infectivity was found at 4-8 cm below the dish. The authors conclude that the hamster scrapie agent used in this experiment can persist in contaminated soil for three years under natural environmental conditions, but that there is little leaching to surrounding soil layers. To date there has been no further work that specifically examines the fate of TSE agents in the soil/solid waste environment. Land application of municipal sludge that potentially contains CWD PrP-res may result in the presence of CWD PrP-res in surface soils. The application rates of municipal sludge are dependent on the chemical characteristics of the sludge and therefore will vary. The mechanism and time course of PrP-res degradation in soil/solid waste environment is unknown. Normal biodegredation processes are expected to inactivate the CWD prion over time. 2.2 Water The hydrophobic nature of PrP-res (Bennett 1992) indicates that leaching of the CWD agent into an aqueous environment is unlikely to occur in the landfill or in soil. This assumption is echoed in a 2000 BSE risk assessment produced for the British Ministry of Agriculture, Fisheries and Food (now Department for Environment, Food & Rural Affairs [DEFRA]). In section 3.1 titled “Fundamental Assumptions” it states that “BSE agent is stuck to particulate matter and, hence, is removed with the particulate matter from the effluent.” Gale et al. (1998) in examining the risk from BSE in the aquatic environment state, “With the possible exception of flows in the vicinity of extraction wells, the rate of flow through landfilled wastes is generally slow and non-turbulent, with the result that particulate material is unlikely to be taken up in suspension.” Should any PrP-res exit the landfill as part of the leachate, it will, due to its hydrophobic nature, be attached to particulates (colloids) suspended in the leachate. Once that leachate reaches the wastewater treatment plant the suspended solids will be separated from the effluent. Those suspended solids will then be termed “sludge” or biosolids. Again, due to its hydrophobic nature, the PrP-res is expected to selectively partition with the solids into the sludge portion, and is not expected to be present in wastewater discharged to surface water. Gale and Stanfield (2001) discuss this expectation in their risk assessment for BSE in sewage sludge. 2.3 Air Air transport is not considered in this document because there is currently no evidence that PrP-res can be released into the air or volatilized in any way under natural conditions. In addition, there is no evidence of airborne transmission between animals or people. 3. Human vs. Animal Exposure to the CWD Agent To date, no human illness has been associated with exposure to the CWD agent. However, systematic surveillance has only recently begun. Given that humans have likely been exposed to the CWD agent for decades from animals, in laboratories and from the environment, this is a significant observation. Surveillance of prion-related diseases in humans is in its infancy. The primary routes of exposure in the future are likely to be through hunting and the consumption of CWD-contaminated venison and elk. To date, test-tube experiments in which normal human prion protein is exposed to 3 location, a small amount of infectivity was found in the 4 cm soil layer that was directly beneath the perforated dish containing the original inoculum and no infectivity was found at 4-8 cm below the dish. The authors conclude that the hamster scrapie agent used in this experiment can persist in contaminated soil for three years under natural environmental conditions, but that there is little leaching to surrounding soil layers. To date there has been no further work that specifically examines the fate of TSE agents in the soil/solid waste environment. Land application of municipal sludge that potentially contains CWD PrP-res may result in the presence of CWD PrP-res in surface soils. The application rates of municipal sludge are dependent on the chemical characteristics of the sludge and therefore will vary. The mechanism and time course of PrP-res degradation in soil/solid waste environment is unknown. Normal biodegredation processes are expected to inactivate the CWD prion over time. 2.2 Water The hydrophobic nature of PrP-res (Bennett 1992) indicates that leaching of the CWD agent into an aqueous environment is unlikely to occur in the landfill or in soil. This assumption is echoed in a 2000 BSE risk assessment produced for the British Ministry of Agriculture, Fisheries and Food (now Department for Environment, Food & Rural Affairs [DEFRA]). In section 3.1 titled “Fundamental Assumptions” it states that “BSE agent is stuck to particulate matter and, hence, is removed with the particulate matter from the effluent.” Gale et al. (1998) in examining the risk from BSE in the aquatic environment state, “With the possible exception of flows in the vicinity of extraction wells, the rate of flow through landfilled wastes is generally slow and non-turbulent, with the result that particulate material is unlikely to be taken up in suspension.” Should any PrP-res exit the landfill as part of the leachate, it will, due to its hydrophobic nature, be attached to particulates (colloids) suspended in the leachate. Once that leachate reaches the wastewater treatment plant the suspended solids will be separated from the effluent. Those suspended solids will then be termed “sludge” or biosolids. Again, due to its hydrophobic nature, the PrP-res is expected to selectively partition with the solids into the sludge portion, and is not expected to be present in wastewater discharged to surface water. Gale and Stanfield (2001) discuss this expectation in their risk assessment for BSE in sewage sludge. 2.3 Air Air transport is not considered in this document because there is currently no evidence that PrP-res can be released into the air or volatilized in any way under natural conditions. In addition, there is no evidence of airborne transmission between animals or people. 3. Human vs. Animal Exposure to the CWD Agent To date, no human illness has been associated with exposure to the CWD agent. However, systematic surveillance has only recently begun. Given that humans have likely been exposed to the CWD agent for decades from animals, in laboratories and from the environment, this is a significant observation. Surveillance of prion-related diseases in humans is in its infancy. The primary routes of exposure in the future are likely to be through hunting and the consumption of CWD-contaminated venison and elk. To date, test-tube experiments in which normal human prion protein is exposed to 3 location, a small amount of infectivity was found in the 4 cm soil layer that was directly beneath the perforated dish containing the original inoculum and no infectivity was found at 4-8 cm below the dish. The authors conclude that the hamster scrapie agent used in this experiment can persist in contaminated soil for three years under natural environmental conditions, but that there is little leaching to surrounding soil layers. To date there has been no further work that specifically examines the fate of TSE agents in the soil/solid waste environment. Land application of municipal sludge that potentially contains CWD PrP-res may result in the presence of CWD PrP-res in surface soils. The application rates of municipal sludge are dependent on the chemical characteristics of the sludge and therefore will vary. The mechanism and time course of PrP-res degradation in soil/solid waste environment is unknown. Normal biodegredation processes are expected to inactivate the CWD prion over time. 2.2 Water The hydrophobic nature of PrP-res (Bennett 1992) indicates that leaching of the CWD agent into an aqueous environment is unlikely to occur in the landfill or in soil. This assumption is echoed in a 2000 BSE risk assessment produced for the British Ministry of Agriculture, Fisheries and Food (now Department for Environment, Food & Rural Affairs [DEFRA]). In section 3.1 titled “Fundamental Assumptions” it states that “BSE agent is stuck to particulate matter and, hence, is removed with the particulate matter from the effluent.” Gale et al. (1998) in examining the risk from BSE in the aquatic environment state, “With the possible exception of flows in the vicinity of extraction wells, the rate of flow through landfilled wastes is generally slow and non-turbulent, with the result that particulate material is unlikely to be taken up in suspension.” Should any PrP-res exit the landfill as part of the leachate, it will, due to its hydrophobic nature, be attached to particulates (colloids) suspended in the leachate. Once that leachate reaches the wastewater treatment plant the suspended solids will be separated from the effluent. Those suspended solids will then be termed “sludge” or biosolids. Again, due to its hydrophobic nature, the PrP-res is expected to selectively partition with the solids into the sludge portion, and is not expected to be present in wastewater discharged to surface water. Gale and Stanfield (2001) discuss this expectation in their risk assessment for BSE in sewage sludge. 2.3 Air Air transport is not considered in this document because there is currently no evidence that PrP-res can be released into the air or volatilized in any way under natural conditions. In addition, there is no evidence of airborne transmission between animals or people. 3. Human vs. Animal Exposure to the CWD Agent To date, no human illness has been associated with exposure to the CWD agent. However, systematic surveillance has only recently begun. Given that humans have likely been exposed to the CWD agent for decades from animals, in laboratories and from the environment, this is a significant observation. Surveillance of prion-related diseases in humans is in its infancy. The primary routes of exposure in the future are likely to be through hunting and the consumption of CWD-contaminated venison and elk. To date, test-tube experiments in which normal human prion protein is exposed to 3 location, a small amount of infectivity was found in the 4 cm soil layer that was directly beneath the perforated dish containing the original inoculum and no infectivity was found at 4-8 cm below the dish. The authors conclude that the hamster scrapie agent used in this experiment can persist in contaminated soil for three years under natural environmental conditions, but that there is little leaching to surrounding soil layers. To date there has been no further work that specifically examines the fate of TSE agents in the soil/solid waste environment. Land application of municipal sludge that potentially contains CWD PrP-res may result in the presence of CWD PrP-res in surface soils. The application rates of municipal sludge are dependent on the chemical characteristics of the sludge and therefore will vary. The mechanism and time course of PrP-res degradation in soil/solid waste environment is unknown. Normal biodegredation processes are expected to inactivate the CWD prion over time. 2.2 Water The hydrophobic nature of PrP-res (Bennett 1992) indicates that leaching of the CWD agent into an aqueous environment is unlikely to occur in the landfill or in soil. This assumption is echoed in a 2000 BSE risk assessment produced for the British Ministry of Agriculture, Fisheries and Food (now Department for Environment, Food & Rural Affairs [DEFRA]). In section 3.1 titled “Fundamental Assumptions” it states that “BSE agent is stuck to particulate matter and, hence, is removed with the particulate matter from the effluent.” Gale et al. (1998) in examining the risk from BSE in the aquatic environment state, “With the possible exception of flows in the vicinity of extraction wells, the rate of flow through landfilled wastes is generally slow and non-turbulent, with the result that particulate material is unlikely to be taken up in suspension.” Should any PrP-res exit the landfill as part of the leachate, it will, due to its hydrophobic nature, be attached to particulates (colloids) suspended in the leachate. Once that leachate reaches the wastewater treatment plant the suspended solids will be separated from the effluent. Those suspended solids will then be termed “sludge” or biosolids. Again, due to its hydrophobic nature, the PrP-res is expected to selectively partition with the solids into the sludge portion, and is not expected to be present in wastewater discharged to surface water. Gale and Stanfield (2001) discuss this expectation in their risk assessment for BSE in sewage sludge. 2.3 Air Air transport is not considered in this document because there is currently no evidence that PrP-res can be released into the air or volatilized in any way under natural conditions. In addition, there is no evidence of airborne transmission between animals or people. 3. Human vs. Animal Exposure to the CWD Agent To date, no human illness has been associated with exposure to the CWD agent. However, systematic surveillance has only recently begun. Given that humans have likely been exposed to the CWD agent for decades from animals, in laboratories and from the environment, this is a significant observation. Surveillance of prion-related diseases in humans is in its infancy. The primary routes of exposure in the future are likely to be through hunting and the consumption of CWD-contaminated venison and elk. To date, test-tube experiments in which normal human prion protein is exposed to 3 location, a small amount of infectivity was found in the 4 cm soil layer that was directly beneath the perforated dish containing the original inoculum and no infectivity was found at 4-8 cm below the dish. The authors conclude that the hamster scrapie agent used in this experiment can persist in contaminated soil for three years under natural environmental conditions, but that there is little leaching to surrounding soil layers. To date there has been no further work that specifically examines the fate of TSE agents in the soil/solid waste environment. Land application of municipal sludge that potentially contains CWD PrP-res may result in the presence of CWD PrP-res in surface soils. The application rates of municipal sludge are dependent on the chemical characteristics of the sludge and therefore will vary. The mechanism and time course of PrP-res degradation in soil/solid waste environment is unknown. Normal biodegredation processes are expected to inactivate the CWD prion over time. 2.2 Water The hydrophobic nature of PrP-res (Bennett 1992) indicates that leaching of the CWD agent into an aqueous environment is unlikely to occur in the landfill or in soil. This assumption is echoed in a 2000 BSE risk assessment produced for the British Ministry of Agriculture, Fisheries and Food (now Department for Environment, Food & Rural Affairs [DEFRA]). In section 3.1 titled “Fundamental Assumptions” it states that “BSE agent is stuck to particulate matter and, hence, is removed with the particulate matter from the effluent.” Gale et al. (1998) in examining the risk from BSE in the aquatic environment state, “With the possible exception of flows in the vicinity of extraction wells, the rate of flow through landfilled wastes is generally slow and non-turbulent, with the result that particulate material is unlikely to be taken up in suspension.” Should any PrP-res exit the landfill as part of the leachate, it will, due to its hydrophobic nature, be attached to particulates (colloids) suspended in the leachate. Once that leachate reaches the wastewater treatment plant the suspended solids will be separated from the effluent. Those suspended solids will then be termed “sludge” or biosolids. Again, due to its hydrophobic nature, the PrP-res is expected to selectively partition with the solids into the sludge portion, and is not expected to be present in wastewater discharged to surface water. Gale and Stanfield (2001) discuss this expectation in their risk assessment for BSE in sewage sludge. 2.3 Air Air transport is not considered in this document because there is currently no evidence that PrP-res can be released into the air or volatilized in any way under natural conditions. In addition, there is no evidence of airborne transmission between animals or people. 3. Human vs. Animal Exposure to the CWD Agent To date, no human illness has been associated with exposure to the CWD agent. However, systematic surveillance has only recently begun. Given that humans have likely been exposed to the CWD agent for decades from animals, in laboratories and from the environment, this is a significant observation. Surveillance of prion-related diseases in humans is in its infancy. The primary routes of exposure in the future are likely to be through hunting and the consumption of CWD-contaminated venison and elk. To date, test-tube experiments in which normal human prion protein is exposed to 3 PrP-res from white-tailed deer have shown a limited degree of infectivity, but at a less efficient rate than that for BSE or scrapie (Raymond et al., 2000). In contrast to interspecies transmission of CWD from deer to humans, there is good evidence that deer and elk can contract CWD by animal-to-animal contact as well as by contact of a susceptible animal with a contaminated environment. Domestic cattle have failed to develop disease when housed with CWD-infected deer (Williams & Miller 2002). Under experimental conditions, however, 3 of 13 cattle inoculated (~ 5 years ago) intracerebrally with CWD did succumb to a TSE illness (Hamir et al., 2001). The remaining cattle are still alive and will remain under observation for another 5 years. Animals orally inoculated have, to date, not succumbed to the disease (Williams, 2002). Based on the above observations, the following pathway is not considered further in this document: ?????? deerlandfillleachate wastewater treatment plantsludge farm field ?? animal fodder (surface contamination)domestic livestockcommercial meat. 4. Impact Assessment 4.1 Minimum Level of Exposure Known to Cause Disease As described above, it is likely that over the past several decades, thousands of hunters, taxidermists, meat processors, and research staff have ingested the CWD prion, as well as been exposed via eye splashes and through cuts and wounds. Exposure from these routes is likely to have been significantly greater than any that would be expected to result from contact with leachate from a well- managed landfill. The issue of how much infected material an individual (human or animal) must consume or be exposed to in order to become infected with CWD or any other TSE is not known . Neither is it known if repeated small doses can result in infection. In an experimental setting, low-dose inoculation studies have revealed a decreased probability of infection and prolonged incubation periods. In some animal experiments, the incubation period extended beyond the natural life span of the animal; that is, at the time of death due to “natural causes”, the animal was infected with the TSE agent, but was not symptomatic (Dickinson, 1977; Thackray et al., 2002). 4.2 Transmission of TSEs to Humans and Among Animals of the Same Species As stated in section 2., the only animal TSE that is known to have been transmitted to humans is BSE. Transmission of TSEs from one animal to another is likely to depend on a number of factors. These include the specific TSE, the strain of the TSE, the dose, the route of exposure, the human PrP genotype, and likely other unidentified factors. ” The dose for any TSE is typically expressed as a “infectious/lethal dose 50” or an “I/LDper gram 50 of tissue. It represents the dose of material at which 50% of the recipients become infected and will die. An I/LDis always species and route specific. The I/LD is determined by serial dilutions of 50 50 the original material and subsequent inoculations into groups of animals to determine the endpoint at which 50% of the animals succumb or are diagnosed as infected (The term “LD” is often replaced 50 4 PrP-res from white-tailed deer have shown a limited degree of infectivity, but at a less efficient rate than that for BSE or scrapie (Raymond et al., 2000). In contrast to interspecies transmission of CWD from deer to humans, there is good evidence that deer and elk can contract CWD by animal-to-animal contact as well as by contact of a susceptible animal with a contaminated environment. Domestic cattle have failed to develop disease when housed with CWD-infected deer (Williams & Miller 2002). Under experimental conditions, however, 3 of 13 cattle inoculated (~ 5 years ago) intracerebrally with CWD did succumb to a TSE illness (Hamir et al., 2001). The remaining cattle are still alive and will remain under observation for another 5 years. Animals orally inoculated have, to date, not succumbed to the disease (Williams, 2002). Based on the above observations, the following pathway is not considered further in this document: ?????? deerlandfillleachate wastewater treatment plantsludge farm field ?? animal fodder (surface contamination)domestic livestockcommercial meat. 4. Impact Assessment 4.1 Minimum Level of Exposure Known to Cause Disease As described above, it is likely that over the past several decades, thousands of hunters, taxidermists, meat processors, and research staff have ingested the CWD prion, as well as been exposed via eye splashes and through cuts and wounds. Exposure from these routes is likely to have been significantly greater than any that would be expected to result from contact with leachate from a well- managed landfill. The issue of how much infected material an individual (human or animal) must consume or be exposed to in order to become infected with CWD or any other TSE is not known . Neither is it known if repeated small doses can result in infection. In an experimental setting, low-dose inoculation studies have revealed a decreased probability of infection and prolonged incubation periods. In some animal experiments, the incubation period extended beyond the natural life span of the animal; that is, at the time of death due to “natural causes”, the animal was infected with the TSE agent, but was not symptomatic (Dickinson, 1977; Thackray et al., 2002). 4.2 Transmission of TSEs to Humans and Among Animals of the Same Species As stated in section 2., the only animal TSE that is known to have been transmitted to humans is BSE. Transmission of TSEs from one animal to another is likely to depend on a number of factors. These include the specific TSE, the strain of the TSE, the dose, the route of exposure, the human PrP genotype, and likely other unidentified factors. ” The dose for any TSE is typically expressed as a “infectious/lethal dose 50” or an “I/LDper gram 50 of tissue. It represents the dose of material at which 50% of the recipients become infected and will die. An I/LDis always species and route specific. The I/LD is determined by serial dilutions of 50 50 the original material and subsequent inoculations into groups of animals to determine the endpoint at which 50% of the animals succumb or are diagnosed as infected (The term “LD” is often replaced 50 4 PrP-res from white-tailed deer have shown a limited degree of infectivity, but at a less efficient rate than that for BSE or scrapie (Raymond et al., 2000). In contrast to interspecies transmission of CWD from deer to humans, there is good evidence that deer and elk can contract CWD by animal-to-animal contact as well as by contact of a susceptible animal with a contaminated environment. Domestic cattle have failed to develop disease when housed with CWD-infected deer (Williams & Miller 2002). Under experimental conditions, however, 3 of 13 cattle inoculated (~ 5 years ago) intracerebrally with CWD did succumb to a TSE illness (Hamir et al., 2001). The remaining cattle are still alive and will remain under observation for another 5 years. Animals orally inoculated have, to date, not succumbed to the disease (Williams, 2002). Based on the above observations, the following pathway is not considered further in this document: ?????? deerlandfillleachate wastewater treatment plantsludge farm field ?? animal fodder (surface contamination)domestic livestockcommercial meat. 4. Impact Assessment 4.1 Minimum Level of Exposure Known to Cause Disease As described above, it is likely that over the past several decades, thousands of hunters, taxidermists, meat processors, and research staff have ingested the CWD prion, as well as been exposed via eye splashes and through cuts and wounds. Exposure from these routes is likely to have been significantly greater than any that would be expected to result from contact with leachate from a well- managed landfill. The issue of how much infected material an individual (human or animal) must consume or be exposed to in order to become infected with CWD or any other TSE is not known . Neither is it known if repeated small doses can result in infection. In an experimental setting, low-dose inoculation studies have revealed a decreased probability of infection and prolonged incubation periods. In some animal experiments, the incubation period extended beyond the natural life span of the animal; that is, at the time of death due to “natural causes”, the animal was infected with the TSE agent, but was not symptomatic (Dickinson, 1977; Thackray et al., 2002). 4.2 Transmission of TSEs to Humans and Among Animals of the Same Species As stated in section 2., the only animal TSE that is known to have been transmitted to humans is BSE. Transmission of TSEs from one animal to another is likely to depend on a number of factors. These include the specific TSE, the strain of the TSE, the dose, the route of exposure, the human PrP genotype, and likely other unidentified factors. ” The dose for any TSE is typically expressed as a “infectious/lethal dose 50” or an “I/LDper gram 50 of tissue. It represents the dose of material at which 50% of the recipients become infected and will die. An I/LDis always species and route specific. The I/LD is determined by serial dilutions of 50 50 the original material and subsequent inoculations into groups of animals to determine the endpoint at which 50% of the animals succumb or are diagnosed as infected (The term “LD” is often replaced 50 4 PrP-res from white-tailed deer have shown a limited degree of infectivity, but at a less efficient rate than that for BSE or scrapie (Raymond et al., 2000). In contrast to interspecies transmission of CWD from deer to humans, there is good evidence that deer and elk can contract CWD by animal-to-animal contact as well as by contact of a susceptible animal with a contaminated environment. Domestic cattle have failed to develop disease when housed with CWD-infected deer (Williams & Miller 2002). Under experimental conditions, however, 3 of 13 cattle inoculated (~ 5 years ago) intracerebrally with CWD did succumb to a TSE illness (Hamir et al., 2001). The remaining cattle are still alive and will remain under observation for another 5 years. Animals orally inoculated have, to date, not succumbed to the disease (Williams, 2002). Based on the above observations, the following pathway is not considered further in this document: ?????? deerlandfillleachate wastewater treatment plantsludge farm field ?? animal fodder (surface contamination)domestic livestockcommercial meat. 4. Impact Assessment 4.1 Minimum Level of Exposure Known to Cause Disease As described above, it is likely that over the past several decades, thousands of hunters, taxidermists, meat processors, and research staff have ingested the CWD prion, as well as been exposed via eye splashes and through cuts and wounds. Exposure from these routes is likely to have been significantly greater than any that would be expected to result from contact with leachate from a well- managed landfill. The issue of how much infected material an individual (human or animal) must consume or be exposed to in order to become infected with CWD or any other TSE is not known . Neither is it known if repeated small doses can result in infection. In an experimental setting, low-dose inoculation studies have revealed a decreased probability of infection and prolonged incubation periods. In some animal experiments, the incubation period extended beyond the natural life span of the animal; that is, at the time of death due to “natural causes”, the animal was infected with the TSE agent, but was not symptomatic (Dickinson, 1977; Thackray et al., 2002). 4.2 Transmission of TSEs to Humans and Among Animals of the Same Species As stated in section 2., the only animal TSE that is known to have been transmitted to humans is BSE. Transmission of TSEs from one animal to another is likely to depend on a number of factors. These include the specific TSE, the strain of the TSE, the dose, the route of exposure, the human PrP genotype, and likely other unidentified factors. ” The dose for any TSE is typically expressed as a “infectious/lethal dose 50” or an “I/LDper gram 50 of tissue. It represents the dose of material at which 50% of the recipients become infected and will die. An I/LDis always species and route specific. The I/LD is determined by serial dilutions of 50 50 the original material and subsequent inoculations into groups of animals to determine the endpoint at which 50% of the animals succumb or are diagnosed as infected (The term “LD” is often replaced 50 4 PrP-res from white-tailed deer have shown a limited degree of infectivity, but at a less efficient rate than that for BSE or scrapie (Raymond et al., 2000). In contrast to interspecies transmission of CWD from deer to humans, there is good evidence that deer and elk can contract CWD by animal-to-animal contact as well as by contact of a susceptible animal with a contaminated environment. Domestic cattle have failed to develop disease when housed with CWD-infected deer (Williams & Miller 2002). Under experimental conditions, however, 3 of 13 cattle inoculated (~ 5 years ago) intracerebrally with CWD did succumb to a TSE illness (Hamir et al., 2001). The remaining cattle are still alive and will remain under observation for another 5 years. Animals orally inoculated have, to date, not succumbed to the disease (Williams, 2002). Based on the above observations, the following pathway is not considered further in this document: ?????? deerlandfillleachate wastewater treatment plantsludge farm field ?? animal fodder (surface contamination)domestic livestockcommercial meat. 4. Impact Assessment 4.1 Minimum Level of Exposure Known to Cause Disease As described above, it is likely that over the past several decades, thousands of hunters, taxidermists, meat processors, and research staff have ingested the CWD prion, as well as been exposed via eye splashes and through cuts and wounds. Exposure from these routes is likely to have been significantly greater than any that would be expected to result from contact with leachate from a well- managed landfill. The issue of how much infected material an individual (human or animal) must consume or be exposed to in order to become infected with CWD or any other TSE is not known . Neither is it known if repeated small doses can result in infection. In an experimental setting, low-dose inoculation studies have revealed a decreased probability of infection and prolonged incubation periods. In some animal experiments, the incubation period extended beyond the natural life span of the animal; that is, at the time of death due to “natural causes”, the animal was infected with the TSE agent, but was not symptomatic (Dickinson, 1977; Thackray et al., 2002). 4.2 Transmission of TSEs to Humans and Among Animals of the Same Species As stated in section 2., the only animal TSE that is known to have been transmitted to humans is BSE. Transmission of TSEs from one animal to another is likely to depend on a number of factors. These include the specific TSE, the strain of the TSE, the dose, the route of exposure, the human PrP genotype, and likely other unidentified factors. ” The dose for any TSE is typically expressed as a “infectious/lethal dose 50” or an “I/LDper gram 50 of tissue. It represents the dose of material at which 50% of the recipients become infected and will die. An I/LDis always species and route specific. The I/LD is determined by serial dilutions of 50 50 the original material and subsequent inoculations into groups of animals to determine the endpoint at which 50% of the animals succumb or are diagnosed as infected (The term “LD” is often replaced 50 4 by “ID” or “infectious dose 50” to indicate that experimental animals are not allowed to progress 50 fully through clinical disease to death). For the TSEs, a lower dose can decrease the likelihood that an exposed animal will become infected. The route of exposure is also an important factor. The intracerebral route of inoculation is the most efficient. However, it is not a natural route of exposure. The following additional routes of infection are listed in descending order of efficiency (generally): intravenous, intraperitoneal and oral. The oral infectious dose of CWD has not been determined for deer or elk (E. Williams, personal communication, 2002). 4.3 Movement of Prions to Landfill Leachate While the assumptions in this analysis are based on limited data, they serve to provide an approximation of the range of conditions likely to be encountered in the environment under the scenario described in this document. 4.3.1 Permeability Permeability is defined as the time needed for liquids to percolate through the waste mass at a landfill. There are limited data available regarding the saturated hydraulic conductivity of municipal waste. The EPA Hydrologic Evaluation of Landfill Performance (HELP) model for predicting the -3 movement of liquids through landfill caps and liners uses a default value of 1 x 10 cm/sec for the saturated hydraulic conductivity of municipal waste. This value is based on work by Oweis et al (1990). More recent data (Shaw and Carey, 1996, Bleiker et al,1993;Townsend et al,1995) indicates a -3-6 broader range of permeabilities from 10 to 10 cm/sec. Permeability, however, can vary based on waste composition, age (degree of decomposition) and depth of fill. 4.3.2 Distance to the Leachate Collection System Typical municipal waste landfills in Wisconsin range in final height from 100 to 300 feet above the leachate collection system. The landfills are typically constructed in a series of phases over time, so that there are disposal areas available in the upper portions of the previous phase, while filling is occurring at the base of a new phase. DNR recommended in a June 6, 2002 letter to landfill operators that the deer carcass burial area should be “strategically sited high in the landfill such that any liquids will have to pass through many feet of waste material before reaching the leachate collection system”(WDNR, 2002). 4.3.3 Summary Considering these factors in tandem with the observations in section 2.1 about the hydrophobicity of prions and their tendency to degrade in soil, it is expected that if prions were to move into landfill leachate, their movement would be slow enough that their concentration would be significantly reduced by degradation and retention in the remaining waste mass. 4.4 Ingestion of potentially CWD-contaminated soil by humans and deer after sludge application 5 by “ID” or “infectious dose 50” to indicate that experimental animals are not allowed to progress 50 fully through clinical disease to death). For the TSEs, a lower dose can decrease the likelihood that an exposed animal will become infected. The route of exposure is also an important factor. The intracerebral route of inoculation is the most efficient. However, it is not a natural route of exposure. The following additional routes of infection are listed in descending order of efficiency (generally): intravenous, intraperitoneal and oral. The oral infectious dose of CWD has not been determined for deer or elk (E. Williams, personal communication, 2002). 4.3 Movement of Prions to Landfill Leachate While the assumptions in this analysis are based on limited data, they serve to provide an approximation of the range of conditions likely to be encountered in the environment under the scenario described in this document. 4.3.1 Permeability Permeability is defined as the time needed for liquids to percolate through the waste mass at a landfill. There are limited data available regarding the saturated hydraulic conductivity of municipal waste. The EPA Hydrologic Evaluation of Landfill Performance (HELP) model for predicting the -3 movement of liquids through landfill caps and liners uses a default value of 1 x 10 cm/sec for the saturated hydraulic conductivity of municipal waste. This value is based on work by Oweis et al (1990). More recent data (Shaw and Carey, 1996, Bleiker et al,1993;Townsend et al,1995) indicates a -3-6 broader range of permeabilities from 10 to 10 cm/sec. Permeability, however, can vary based on waste composition, age (degree of decomposition) and depth of fill. 4.3.2 Distance to the Leachate Collection System Typical municipal waste landfills in Wisconsin range in final height from 100 to 300 feet above the leachate collection system. The landfills are typically constructed in a series of phases over time, so that there are disposal areas available in the upper portions of the previous phase, while filling is occurring at the base of a new phase. DNR recommended in a June 6, 2002 letter to landfill operators that the deer carcass burial area should be “strategically sited high in the landfill such that any liquids will have to pass through many feet of waste material before reaching the leachate collection system”(WDNR, 2002). 4.3.3 Summary Considering these factors in tandem with the observations in section 2.1 about the hydrophobicity of prions and their tendency to degrade in soil, it is expected that if prions were to move into landfill leachate, their movement would be slow enough that their concentration would be significantly reduced by degradation and retention in the remaining waste mass. 4.4 Ingestion of potentially CWD-contaminated soil by humans and deer after sludge application 5 by “ID” or “infectious dose 50” to indicate that experimental animals are not allowed to progress 50 fully through clinical disease to death). For the TSEs, a lower dose can decrease the likelihood that an exposed animal will become infected. The route of exposure is also an important factor. The intracerebral route of inoculation is the most efficient. However, it is not a natural route of exposure. The following additional routes of infection are listed in descending order of efficiency (generally): intravenous, intraperitoneal and oral. The oral infectious dose of CWD has not been determined for deer or elk (E. Williams, personal communication, 2002). 4.3 Movement of Prions to Landfill Leachate While the assumptions in this analysis are based on limited data, they serve to provide an approximation of the range of conditions likely to be encountered in the environment under the scenario described in this document. 4.3.1 Permeability Permeability is defined as the time needed for liquids to percolate through the waste mass at a landfill. There are limited data available regarding the saturated hydraulic conductivity of municipal waste. The EPA Hydrologic Evaluation of Landfill Performance (HELP) model for predicting the -3 movement of liquids through landfill caps and liners uses a default value of 1 x 10 cm/sec for the saturated hydraulic conductivity of municipal waste. This value is based on work by Oweis et al (1990). More recent data (Shaw and Carey, 1996, Bleiker et al,1993;Townsend et al,1995) indicates a -3-6 broader range of permeabilities from 10 to 10 cm/sec. Permeability, however, can vary based on waste composition, age (degree of decomposition) and depth of fill. 4.3.2 Distance to the Leachate Collection System Typical municipal waste landfills in Wisconsin range in final height from 100 to 300 feet above the leachate collection system. The landfills are typically constructed in a series of phases over time, so that there are disposal areas available in the upper portions of the previous phase, while filling is occurring at the base of a new phase. DNR recommended in a June 6, 2002 letter to landfill operators that the deer carcass burial area should be “strategically sited high in the landfill such that any liquids will have to pass through many feet of waste material before reaching the leachate collection system”(WDNR, 2002). 4.3.3 Summary Considering these factors in tandem with the observations in section 2.1 about the hydrophobicity of prions and their tendency to degrade in soil, it is expected that if prions were to move into landfill leachate, their movement would be slow enough that their concentration would be significantly reduced by degradation and retention in the remaining waste mass. 4.4 Ingestion of potentially CWD-contaminated soil by humans and deer after sludge application 5 by “ID” or “infectious dose 50” to indicate that experimental animals are not allowed to progress 50 fully through clinical disease to death). For the TSEs, a lower dose can decrease the likelihood that an exposed animal will become infected. The route of exposure is also an important factor. The intracerebral route of inoculation is the most efficient. However, it is not a natural route of exposure. The following additional routes of infection are listed in descending order of efficiency (generally): intravenous, intraperitoneal and oral. The oral infectious dose of CWD has not been determined for deer or elk (E. Williams, personal communication, 2002). 4.3 Movement of Prions to Landfill Leachate While the assumptions in this analysis are based on limited data, they serve to provide an approximation of the range of conditions likely to be encountered in the environment under the scenario described in this document. 4.3.1 Permeability Permeability is defined as the time needed for liquids to percolate through the waste mass at a landfill. There are limited data available regarding the saturated hydraulic conductivity of municipal waste. The EPA Hydrologic Evaluation of Landfill Performance (HELP) model for predicting the -3 movement of liquids through landfill caps and liners uses a default value of 1 x 10 cm/sec for the saturated hydraulic conductivity of municipal waste. This value is based on work by Oweis et al (1990). More recent data (Shaw and Carey, 1996, Bleiker et al,1993;Townsend et al,1995) indicates a -3-6 broader range of permeabilities from 10 to 10 cm/sec. Permeability, however, can vary based on waste composition, age (degree of decomposition) and depth of fill. 4.3.2 Distance to the Leachate Collection System Typical municipal waste landfills in Wisconsin range in final height from 100 to 300 feet above the leachate collection system. The landfills are typically constructed in a series of phases over time, so that there are disposal areas available in the upper portions of the previous phase, while filling is occurring at the base of a new phase. DNR recommended in a June 6, 2002 letter to landfill operators that the deer carcass burial area should be “strategically sited high in the landfill such that any liquids will have to pass through many feet of waste material before reaching the leachate collection system”(WDNR, 2002). 4.3.3 Summary Considering these factors in tandem with the observations in section 2.1 about the hydrophobicity of prions and their tendency to degrade in soil, it is expected that if prions were to move into landfill leachate, their movement would be slow enough that their concentration would be significantly reduced by degradation and retention in the remaining waste mass. 4.4 Ingestion of potentially CWD-contaminated soil by humans and deer after sludge application 5 by “ID” or “infectious dose 50” to indicate that experimental animals are not allowed to progress 50 fully through clinical disease to death). For the TSEs, a lower dose can decrease the likelihood that an exposed animal will become infected. The route of exposure is also an important factor. The intracerebral route of inoculation is the most efficient. However, it is not a natural route of exposure. The following additional routes of infection are listed in descending order of efficiency (generally): intravenous, intraperitoneal and oral. The oral infectious dose of CWD has not been determined for deer or elk (E. Williams, personal communication, 2002). 4.3 Movement of Prions to Landfill Leachate While the assumptions in this analysis are based on limited data, they serve to provide an approximation of the range of conditions likely to be encountered in the environment under the scenario described in this document. 4.3.1 Permeability Permeability is defined as the time needed for liquids to percolate through the waste mass at a landfill. There are limited data available regarding the saturated hydraulic conductivity of municipal waste. The EPA Hydrologic Evaluation of Landfill Performance (HELP) model for predicting the -3 movement of liquids through landfill caps and liners uses a default value of 1 x 10 cm/sec for the saturated hydraulic conductivity of municipal waste. This value is based on work by Oweis et al (1990). More recent data (Shaw and Carey, 1996, Bleiker et al,1993;Townsend et al,1995) indicates a -3-6 broader range of permeabilities from 10 to 10 cm/sec. Permeability, however, can vary based on waste composition, age (degree of decomposition) and depth of fill. 4.3.2 Distance to the Leachate Collection System Typical municipal waste landfills in Wisconsin range in final height from 100 to 300 feet above the leachate collection system. The landfills are typically constructed in a series of phases over time, so that there are disposal areas available in the upper portions of the previous phase, while filling is occurring at the base of a new phase. DNR recommended in a June 6, 2002 letter to landfill operators that the deer carcass burial area should be “strategically sited high in the landfill such that any liquids will have to pass through many feet of waste material before reaching the leachate collection system”(WDNR, 2002). 4.3.3 Summary Considering these factors in tandem with the observations in section 2.1 about the hydrophobicity of prions and their tendency to degrade in soil, it is expected that if prions were to move into landfill leachate, their movement would be slow enough that their concentration would be significantly reduced by degradation and retention in the remaining waste mass. 4.4 Ingestion of potentially CWD-contaminated soil by humans and deer after sludge application 5 As described in section 2 of this document, it is expected that any prions present in leachate will adhere to sludge during the wastewater treatment process. Furthermore, the incorporation of sludge into the 9-inch plow layer, which is standard for land application practices, would provide significant dilution within the soil. This combination of concentration reduction factors at the landfill, the sewerage treatment plant, and in the soil as well as the natural degradation processes is expected to greatly reduce the potential for infectious CWD prions to be present in sludge-amended soil. 5.Discussion A quantitative or semi-quantitative assessment of the risk is not possible because the amount of infectivity present in a carcass is unknown. In addition, the dose needed to infect a human or deer is also unknown. Nonetheless, existing information suggests that landfilling large numbers of deer from an area with a low incidence of CWD is unlikely to pose a significant risk to humans or to wildlife. This document provides support for the following conclusions: 1.The disease specific agent is hydrophobic and is expected to adhere to organic materials present in a landfill. 2.It is likely to take the CWD agent several months to move through a landfill. During that time the agent will be subject to biodegredation and is likely to lose a significant amount of its infectivity. Based on the findings of Brown and Gajdusek (1991), up to 98% loss of infectivity can be anticipated within a 3-yr period. 3.Any infectivity that exits the landfill will be captured in the effluent and transferred to a wastewater treatment plant or recirculated in the landfill. 4.CWD prions present in wastewater are expected to partition with the sludge fraction. 5.Land-applied sludge will be greatly diluted by surface soils and incorporated with soil at a depth of 9 inches. 5.1 Likelihood of Human Exposure Two factors strongly influence human risk: 1.The presence of a species barrier 2.The route and dose of the exposure The precise nature of any species barrier for CWD transmission between white-tailed deer and humans has, as yet, not been described. Given the fact that controlled experiments cannot be conducted in human beings, the existence of a species barrier cannot be directly tested. However, there is limited experimental evidence of a species barrier (Raymond et al. 2000). Further supporting the notion that such a species barrier exists is the observation that humans have been handling and consuming tissues from infected deer for decades with no evidence to date of any correlation with any human illness. The U. S. Centers for Disease Control (CDC) has investigated Creutzfeldt-Jakob disease (CJD) among three individuals thirty years of age or younger who had some association with hunting or consumption of venison (not related to the ongoing CDC investigation in Wisconsin) and has concluded that there was no evidence for a causal link with the consumption of venison (Belay et al., 2001). 6 As described in section 2 of this document, it is expected that any prions present in leachate will adhere to sludge during the wastewater treatment process. Furthermore, the incorporation of sludge into the 9-inch plow layer, which is standard for land application practices, would provide significant dilution within the soil. This combination of concentration reduction factors at the landfill, the sewerage treatment plant, and in the soil as well as the natural degradation processes is expected to greatly reduce the potential for infectious CWD prions to be present in sludge-amended soil. 5.Discussion A quantitative or semi-quantitative assessment of the risk is not possible because the amount of infectivity present in a carcass is unknown. In addition, the dose needed to infect a human or deer is also unknown. Nonetheless, existing information suggests that landfilling large numbers of deer from an area with a low incidence of CWD is unlikely to pose a significant risk to humans or to wildlife. This document provides support for the following conclusions: 1.The disease specific agent is hydrophobic and is expected to adhere to organic materials present in a landfill. 2.It is likely to take the CWD agent several months to move through a landfill. During that time the agent will be subject to biodegredation and is likely to lose a significant amount of its infectivity. Based on the findings of Brown and Gajdusek (1991), up to 98% loss of infectivity can be anticipated within a 3-yr period. 3.Any infectivity that exits the landfill will be captured in the effluent and transferred to a wastewater treatment plant or recirculated in the landfill. 4.CWD prions present in wastewater are expected to partition with the sludge fraction. 5.Land-applied sludge will be greatly diluted by surface soils and incorporated with soil at a depth of 9 inches. 5.1 Likelihood of Human Exposure Two factors strongly influence human risk: 1.The presence of a species barrier 2.The route and dose of the exposure The precise nature of any species barrier for CWD transmission between white-tailed deer and humans has, as yet, not been described. Given the fact that controlled experiments cannot be conducted in human beings, the existence of a species barrier cannot be directly tested. However, there is limited experimental evidence of a species barrier (Raymond et al. 2000). Further supporting the notion that such a species barrier exists is the observation that humans have been handling and consuming tissues from infected deer for decades with no evidence to date of any correlation with any human illness. The U. S. Centers for Disease Control (CDC) has investigated Creutzfeldt-Jakob disease (CJD) among three individuals thirty years of age or younger who had some association with hunting or consumption of venison (not related to the ongoing CDC investigation in Wisconsin) and has concluded that there was no evidence for a causal link with the consumption of venison (Belay et al., 2001). 6 As described in section 2 of this document, it is expected that any prions present in leachate will adhere to sludge during the wastewater treatment process. Furthermore, the incorporation of sludge into the 9-inch plow layer, which is standard for land application practices, would provide significant dilution within the soil. This combination of concentration reduction factors at the landfill, the sewerage treatment plant, and in the soil as well as the natural degradation processes is expected to greatly reduce the potential for infectious CWD prions to be present in sludge-amended soil. 5.Discussion A quantitative or semi-quantitative assessment of the risk is not possible because the amount of infectivity present in a carcass is unknown. In addition, the dose needed to infect a human or deer is also unknown. Nonetheless, existing information suggests that landfilling large numbers of deer from an area with a low incidence of CWD is unlikely to pose a significant risk to humans or to wildlife. This document provides support for the following conclusions: 1.The disease specific agent is hydrophobic and is expected to adhere to organic materials present in a landfill. 2.It is likely to take the CWD agent several months to move through a landfill. During that time the agent will be subject to biodegredation and is likely to lose a significant amount of its infectivity. Based on the findings of Brown and Gajdusek (1991), up to 98% loss of infectivity can be anticipated within a 3-yr period. 3.Any infectivity that exits the landfill will be captured in the effluent and transferred to a wastewater treatment plant or recirculated in the landfill. 4.CWD prions present in wastewater are expected to partition with the sludge fraction. 5.Land-applied sludge will be greatly diluted by surface soils and incorporated with soil at a depth of 9 inches. 5.1 Likelihood of Human Exposure Two factors strongly influence human risk: 1.The presence of a species barrier 2.The route and dose of the exposure The precise nature of any species barrier for CWD transmission between white-tailed deer and humans has, as yet, not been described. Given the fact that controlled experiments cannot be conducted in human beings, the existence of a species barrier cannot be directly tested. However, there is limited experimental evidence of a species barrier (Raymond et al. 2000). Further supporting the notion that such a species barrier exists is the observation that humans have been handling and consuming tissues from infected deer for decades with no evidence to date of any correlation with any human illness. The U. S. Centers for Disease Control (CDC) has investigated Creutzfeldt-Jakob disease (CJD) among three individuals thirty years of age or younger who had some association with hunting or consumption of venison (not related to the ongoing CDC investigation in Wisconsin) and has concluded that there was no evidence for a causal link with the consumption of venison (Belay et al., 2001). 6 As described in section 2 of this document, it is expected that any prions present in leachate will adhere to sludge during the wastewater treatment process. Furthermore, the incorporation of sludge into the 9-inch plow layer, which is standard for land application practices, would provide significant dilution within the soil. This combination of concentration reduction factors at the landfill, the sewerage treatment plant, and in the soil as well as the natural degradation processes is expected to greatly reduce the potential for infectious CWD prions to be present in sludge-amended soil. 5.Discussion A quantitative or semi-quantitative assessment of the risk is not possible because the amount of infectivity present in a carcass is unknown. In addition, the dose needed to infect a human or deer is also unknown. Nonetheless, existing information suggests that landfilling large numbers of deer from an area with a low incidence of CWD is unlikely to pose a significant risk to humans or to wildlife. This document provides support for the following conclusions: 1.The disease specific agent is hydrophobic and is expected to adhere to organic materials present in a landfill. 2.It is likely to take the CWD agent several months to move through a landfill. During that time the agent will be subject to biodegredation and is likely to lose a significant amount of its infectivity. Based on the findings of Brown and Gajdusek (1991), up to 98% loss of infectivity can be anticipated within a 3-yr period. 3.Any infectivity that exits the landfill will be captured in the effluent and transferred to a wastewater treatment plant or recirculated in the landfill. 4.CWD prions present in wastewater are expected to partition with the sludge fraction. 5.Land-applied sludge will be greatly diluted by surface soils and incorporated with soil at a depth of 9 inches. 5.1 Likelihood of Human Exposure Two factors strongly influence human risk: 1.The presence of a species barrier 2.The route and dose of the exposure The precise nature of any species barrier for CWD transmission between white-tailed deer and humans has, as yet, not been described. Given the fact that controlled experiments cannot be conducted in human beings, the existence of a species barrier cannot be directly tested. However, there is limited experimental evidence of a species barrier (Raymond et al. 2000). Further supporting the notion that such a species barrier exists is the observation that humans have been handling and consuming tissues from infected deer for decades with no evidence to date of any correlation with any human illness. The U. S. Centers for Disease Control (CDC) has investigated Creutzfeldt-Jakob disease (CJD) among three individuals thirty years of age or younger who had some association with hunting or consumption of venison (not related to the ongoing CDC investigation in Wisconsin) and has concluded that there was no evidence for a causal link with the consumption of venison (Belay et al., 2001). 6 As described in section 2 of this document, it is expected that any prions present in leachate will adhere to sludge during the wastewater treatment process. Furthermore, the incorporation of sludge into the 9-inch plow layer, which is standard for land application practices, would provide significant dilution within the soil. This combination of concentration reduction factors at the landfill, the sewerage treatment plant, and in the soil as well as the natural degradation processes is expected to greatly reduce the potential for infectious CWD prions to be present in sludge-amended soil. 5.Discussion A quantitative or semi-quantitative assessment of the risk is not possible because the amount of infectivity present in a carcass is unknown. In addition, the dose needed to infect a human or deer is also unknown. Nonetheless, existing information suggests that landfilling large numbers of deer from an area with a low incidence of CWD is unlikely to pose a significant risk to humans or to wildlife. This document provides support for the following conclusions: 1.The disease specific agent is hydrophobic and is expected to adhere to organic materials present in a landfill. 2.It is likely to take the CWD agent several months to move through a landfill. During that time the agent will be subject to biodegredation and is likely to lose a significant amount of its infectivity. Based on the findings of Brown and Gajdusek (1991), up to 98% loss of infectivity can be anticipated within a 3-yr period. 3.Any infectivity that exits the landfill will be captured in the effluent and transferred to a wastewater treatment plant or recirculated in the landfill. 4.CWD prions present in wastewater are expected to partition with the sludge fraction. 5.Land-applied sludge will be greatly diluted by surface soils and incorporated with soil at a depth of 9 inches. 5.1 Likelihood of Human Exposure Two factors strongly influence human risk: 1.The presence of a species barrier 2.The route and dose of the exposure The precise nature of any species barrier for CWD transmission between white-tailed deer and humans has, as yet, not been described. Given the fact that controlled experiments cannot be conducted in human beings, the existence of a species barrier cannot be directly tested. However, there is limited experimental evidence of a species barrier (Raymond et al. 2000). Further supporting the notion that such a species barrier exists is the observation that humans have been handling and consuming tissues from infected deer for decades with no evidence to date of any correlation with any human illness. The U. S. Centers for Disease Control (CDC) has investigated Creutzfeldt-Jakob disease (CJD) among three individuals thirty years of age or younger who had some association with hunting or consumption of venison (not related to the ongoing CDC investigation in Wisconsin) and has concluded that there was no evidence for a causal link with the consumption of venison (Belay et al., 2001). 6 The route of exposure to TSEs is also an important determinant of the efficiency of transmission. Oral (i.e. ingestion) exposure is among the least efficient means of transmitting any TSEs. In many circumstances, TSEs that can be transmitted by the artificial route of intracranial (IC) inoculation directly into the brain cannot be transmitted by the oral route. Under experimental conditions when the dose can be controlled, it generally requires a far greater dose (typically 1,000- to 100,000-fold more) to transmit a given TSE at the same rate by the oral route than by the IC route. The collection of leachate from a large landfill, the co-mingling of the solids from the leachate with other solids from the sewerage system and its mixing with 9 inches of topsoil provides an extremely large dilution factor. In addition, any prions that enter the environment will degrade with time. In summary, it is reasonable to conclude that while absolute numbers relating to human health risk cannot be generated, the available knowledge about CWD and other TSEs suggests that landfilling of CWD-infected deer does not pose a significant risk to human health. 5.2 Likelihood of Transmission to Deer The major factors that influence the risk to deer from the landfilling of a population of deer some of which are infected with CWD are: 1.The absence of a species barrier 2.The route of exposure 3.The concentration reduction factors inherent in sludge production and application 4.The consumption of soil by deer. For any TSE that is transmitted within the same species there is assumed to be no species barrier. The consequence of this is that deer are the most susceptible species to any exposure to viable CWD agent that enters the environment. For deer there may, however, be genetic influences on susceptibility and incubation period. For CWD this information is not known. Therefore, the approach in this document has been to assume that all white-tailed deer are equally susceptible to CWD infection. The primary route of exposure to the CWD prion for deer from sludge amended soil is by ingestion. Typically for the TSEs the oral route is among the least efficient means of transmission. However, the oral infectious dose of CWD for deer has not been determined. The collection of leachate from a large landfill, the co-mingling of the solids from the leachate with all the other solids from the sewerage system and then its mixing with 9 inches of topsoil provides an extremely large concentration reduction factor. Should any viable CWD prions make it out into the environment it is likely that they will degrade with time and will be diluted due to the mixing to a depth of 9 inches. In conclusion, it is deemed likely that the risk of spreading CWD among Wisconsin's deer population by landfill disposal of infected carcasses is quite small. 6. References: Belay ED, Gambetti P, Schonberger LB, Parchi P, Lyon DR, Capellari S, McQuiston 7 The route of exposure to TSEs is also an important determinant of the efficiency of transmission. Oral (i.e. ingestion) exposure is among the least efficient means of transmitting any TSEs. In many circumstances, TSEs that can be transmitted by the artificial route of intracranial (IC) inoculation directly into the brain cannot be transmitted by the oral route. Under experimental conditions when the dose can be controlled, it generally requires a far greater dose (typically 1,000- to 100,000-fold more) to transmit a given TSE at the same rate by the oral route than by the IC route. The collection of leachate from a large landfill, the co-mingling of the solids from the leachate with other solids from the sewerage system and its mixing with 9 inches of topsoil provides an extremely large dilution factor. In addition, any prions that enter the environment will degrade with time. In summary, it is reasonable to conclude that while absolute numbers relating to human health risk cannot be generated, the available knowledge about CWD and other TSEs suggests that landfilling of CWD-infected deer does not pose a significant risk to human health. 5.2 Likelihood of Transmission to Deer The major factors that influence the risk to deer from the landfilling of a population of deer some of which are infected with CWD are: 1.The absence of a species barrier 2.The route of exposure 3.The concentration reduction factors inherent in sludge production and application 4.The consumption of soil by deer. For any TSE that is transmitted within the same species there is assumed to be no species barrier. The consequence of this is that deer are the most susceptible species to any exposure to viable CWD agent that enters the environment. For deer there may, however, be genetic influences on susceptibility and incubation period. For CWD this information is not known. Therefore, the approach in this document has been to assume that all white-tailed deer are equally susceptible to CWD infection. The primary route of exposure to the CWD prion for deer from sludge amended soil is by ingestion. Typically for the TSEs the oral route is among the least efficient means of transmission. However, the oral infectious dose of CWD for deer has not been determined. The collection of leachate from a large landfill, the co-mingling of the solids from the leachate with all the other solids from the sewerage system and then its mixing with 9 inches of topsoil provides an extremely large concentration reduction factor. Should any viable CWD prions make it out into the environment it is likely that they will degrade with time and will be diluted due to the mixing to a depth of 9 inches. In conclusion, it is deemed likely that the risk of spreading CWD among Wisconsin's deer population by landfill disposal of infected carcasses is quite small. 6. References: Belay ED, Gambetti P, Schonberger LB, Parchi P, Lyon DR, Capellari S, McQuiston 7 The route of exposure to TSEs is also an important determinant of the efficiency of transmission. Oral (i.e. ingestion) exposure is among the least efficient means of transmitting any TSEs. In many circumstances, TSEs that can be transmitted by the artificial route of intracranial (IC) inoculation directly into the brain cannot be transmitted by the oral route. Under experimental conditions when the dose can be controlled, it generally requires a far greater dose (typically 1,000- to 100,000-fold more) to transmit a given TSE at the same rate by the oral route than by the IC route. The collection of leachate from a large landfill, the co-mingling of the solids from the leachate with other solids from the sewerage system and its mixing with 9 inches of topsoil provides an extremely large dilution factor. In addition, any prions that enter the environment will degrade with time. In summary, it is reasonable to conclude that while absolute numbers relating to human health risk cannot be generated, the available knowledge about CWD and other TSEs suggests that landfilling of CWD-infected deer does not pose a significant risk to human health. 5.2 Likelihood of Transmission to Deer The major factors that influence the risk to deer from the landfilling of a population of deer some of which are infected with CWD are: 1.The absence of a species barrier 2.The route of exposure 3.The concentration reduction factors inherent in sludge production and application 4.The consumption of soil by deer. For any TSE that is transmitted within the same species there is assumed to be no species barrier. The consequence of this is that deer are the most susceptible species to any exposure to viable CWD agent that enters the environment. For deer there may, however, be genetic influences on susceptibility and incubation period. For CWD this information is not known. Therefore, the approach in this document has been to assume that all white-tailed deer are equally susceptible to CWD infection. The primary route of exposure to the CWD prion for deer from sludge amended soil is by ingestion. Typically for the TSEs the oral route is among the least efficient means of transmission. However, the oral infectious dose of CWD for deer has not been determined. The collection of leachate from a large landfill, the co-mingling of the solids from the leachate with all the other solids from the sewerage system and then its mixing with 9 inches of topsoil provides an extremely large concentration reduction factor. Should any viable CWD prions make it out into the environment it is likely that they will degrade with time and will be diluted due to the mixing to a depth of 9 inches. In conclusion, it is deemed likely that the risk of spreading CWD among Wisconsin's deer population by landfill disposal of infected carcasses is quite small. 6. References: Belay ED, Gambetti P, Schonberger LB, Parchi P, Lyon DR, Capellari S, McQuiston 7 The route of exposure to TSEs is also an important determinant of the efficiency of transmission. Oral (i.e. ingestion) exposure is among the least efficient means of transmitting any TSEs. In many circumstances, TSEs that can be transmitted by the artificial route of intracranial (IC) inoculation directly into the brain cannot be transmitted by the oral route. Under experimental conditions when the dose can be controlled, it generally requires a far greater dose (typically 1,000- to 100,000-fold more) to transmit a given TSE at the same rate by the oral route than by the IC route. The collection of leachate from a large landfill, the co-mingling of the solids from the leachate with other solids from the sewerage system and its mixing with 9 inches of topsoil provides an extremely large dilution factor. In addition, any prions that enter the environment will degrade with time. In summary, it is reasonable to conclude that while absolute numbers relating to human health risk cannot be generated, the available knowledge about CWD and other TSEs suggests that landfilling of CWD-infected deer does not pose a significant risk to human health. 5.2 Likelihood of Transmission to Deer The major factors that influence the risk to deer from the landfilling of a population of deer some of which are infected with CWD are: 1.The absence of a species barrier 2.The route of exposure 3.The concentration reduction factors inherent in sludge production and application 4.The consumption of soil by deer. For any TSE that is transmitted within the same species there is assumed to be no species barrier. The consequence of this is that deer are the most susceptible species to any exposure to viable CWD agent that enters the environment. For deer there may, however, be genetic influences on susceptibility and incubation period. For CWD this information is not known. Therefore, the approach in this document has been to assume that all white-tailed deer are equally susceptible to CWD infection. The primary route of exposure to the CWD prion for deer from sludge amended soil is by ingestion. Typically for the TSEs the oral route is among the least efficient means of transmission. However, the oral infectious dose of CWD for deer has not been determined. The collection of leachate from a large landfill, the co-mingling of the solids from the leachate with all the other solids from the sewerage system and then its mixing with 9 inches of topsoil provides an extremely large concentration reduction factor. Should any viable CWD prions make it out into the environment it is likely that they will degrade with time and will be diluted due to the mixing to a depth of 9 inches. In conclusion, it is deemed likely that the risk of spreading CWD among Wisconsin's deer population by landfill disposal of infected carcasses is quite small. 6. References: Belay ED, Gambetti P, Schonberger LB, Parchi P, Lyon DR, Capellari S, McQuiston 7 The route of exposure to TSEs is also an important determinant of the efficiency of transmission. Oral (i.e. ingestion) exposure is among the least efficient means of transmitting any TSEs. In many circumstances, TSEs that can be transmitted by the artificial route of intracranial (IC) inoculation directly into the brain cannot be transmitted by the oral route. Under experimental conditions when the dose can be controlled, it generally requires a far greater dose (typically 1,000- to 100,000-fold more) to transmit a given TSE at the same rate by the oral route than by the IC route. The collection of leachate from a large landfill, the co-mingling of the solids from the leachate with other solids from the sewerage system and its mixing with 9 inches of topsoil provides an extremely large dilution factor. In addition, any prions that enter the environment will degrade with time. In summary, it is reasonable to conclude that while absolute numbers relating to human health risk cannot be generated, the available knowledge about CWD and other TSEs suggests that landfilling of CWD-infected deer does not pose a significant risk to human health. 5.2 Likelihood of Transmission to Deer The major factors that influence the risk to deer from the landfilling of a population of deer some of which are infected with CWD are: 1.The absence of a species barrier 2.The route of exposure 3.The concentration reduction factors inherent in sludge production and application 4.The consumption of soil by deer. For any TSE that is transmitted within the same species there is assumed to be no species barrier. The consequence of this is that deer are the most susceptible species to any exposure to viable CWD agent that enters the environment. For deer there may, however, be genetic influences on susceptibility and incubation period. For CWD this information is not known. Therefore, the approach in this document has been to assume that all white-tailed deer are equally susceptible to CWD infection. The primary route of exposure to the CWD prion for deer from sludge amended soil is by ingestion. Typically for the TSEs the oral route is among the least efficient means of transmission. However, the oral infectious dose of CWD for deer has not been determined. The collection of leachate from a large landfill, the co-mingling of the solids from the leachate with all the other solids from the sewerage system and then its mixing with 9 inches of topsoil provides an extremely large concentration reduction factor. Should any viable CWD prions make it out into the environment it is likely that they will degrade with time and will be diluted due to the mixing to a depth of 9 inches. In conclusion, it is deemed likely that the risk of spreading CWD among Wisconsin's deer population by landfill disposal of infected carcasses is quite small. 6. References: Belay ED, Gambetti P, Schonberger LB, Parchi P, Lyon DR, Capellari S, McQuiston 7 Creutzfeldt-Jakob disease in JH, Bradley K, Dowdle G, Crutcher JM, Nichols CR.; 2001; unusually young patients who consumed venison. Arch Neurol Oct;58(10):1673-8. Molecular biology of scrapie-like agents Bennett AD, Birkett CR, Bostock CJ; 1992;; Revue Scientifique et Technique, Office International des Epizooties; 11(2): 569-203. Refuse Sampling and Permeability Testing at the Brock Bleiker DE, McBean E, Farquhar G; West and Keele Valley Landfills; Proceedings of the Sixteenth International Madison Waste Conference; September 22-23, 1993 Survival of scrapie virus after 3 years' interment Brown P, Gajdusek DC; 1991; ; Lancet. Feb 2;337(8736):269-70. Bruce ME, Will RG, Ironside JW, McConnell I, Drummond D, Suttie A, McCardle L, Chree A, Hope Transmissions to mice indicate that 'new J, Birkett C, Cousens S, Fraser H, Bostock CJ.; 1997; variant' CJD is caused by the BSE agent ; Nature; Oct 2;389(6650):498-501. Buege, Dennis. Extension Meat Specialist, Animal Sciences Department, University of Wisconsin Madison. 2002 Risk assessment for the disposal of Department for Environment, Food & Rural Affairs; 2000; treated rendering plant ruminant condensate to agricultural land. http://www.defra.gov.uk/animalh/bse/public-health/cond-rep.pdf The Scrapie Replication-Site Hypothesis and its Dickinson, A.G. and Outram, G.W. (1979) Implications for pathogenesis ; Slow Transmissible Diseases of the Nervous System, vol. 2, edited by Prusiner S.B. and Hadlow W.J., New York, Academic Press, 13-32 Oral exposure of humans to the BSE agent: infective dose and EU document; 2000; Opinion - species barrier ; http://europa.eu.int/comm/food/fs/sc/ssc/out79_en.pdf Transmission of scrapie Flechsig E, Hegyi I, Enari M, Schwarz P, Collinge J, Weissmann C.; 2001. by steel-surface-bound prions. Mol Med 2001 Oct;7(10):679-84 Towards a quantitative risk assessment for BSE in sewage sludge Gale P, Stanfield G.; 2001; . J Appl Microbiol. Sept; 91(3):563-9. Development of a risk assessment for BSE in the Gale P, Young C, Stanfield G, Oakes D; 1998; aquatic environment . J Appl Microbiol. Apr; 84(4):467-77. Hamir, A.N., R.C. Cutlip, J.M. Miller, E.S. Williams, M.J. Stack, M.W. Miller, K.I. O'Rourke, and Preliminary findings on the experimental transmission of chronic wasting M.J. Chaplin. 2001. disease agent of mule deer to cattle . Journal of Veterinary Diagnostic Investigation 13:91-96. The Hill AF, Desbruslais M, Joiner S, Sidle KC, Gowland I, Collinge J, Doey LJ, Lantos P.; 1997; same prion strain causes vCJD and BSE; Nature; Oct; 389(6650):448-50, 526. 8 Creutzfeldt-Jakob disease in JH, Bradley K, Dowdle G, Crutcher JM, Nichols CR.; 2001; unusually young patients who consumed venison. Arch Neurol Oct;58(10):1673-8. Molecular biology of scrapie-like agents Bennett AD, Birkett CR, Bostock CJ; 1992;; Revue Scientifique et Technique, Office International des Epizooties; 11(2): 569-203. Refuse Sampling and Permeability Testing at the Brock Bleiker DE, McBean E, Farquhar G; West and Keele Valley Landfills; Proceedings of the Sixteenth International Madison Waste Conference; September 22-23, 1993 Survival of scrapie virus after 3 years' interment Brown P, Gajdusek DC; 1991; ; Lancet. Feb 2;337(8736):269-70. Bruce ME, Will RG, Ironside JW, McConnell I, Drummond D, Suttie A, McCardle L, Chree A, Hope Transmissions to mice indicate that 'new J, Birkett C, Cousens S, Fraser H, Bostock CJ.; 1997; variant' CJD is caused by the BSE agent ; Nature; Oct 2;389(6650):498-501. Buege, Dennis. Extension Meat Specialist, Animal Sciences Department, University of Wisconsin Madison. 2002 Risk assessment for the disposal of Department for Environment, Food & Rural Affairs; 2000; treated rendering plant ruminant condensate to agricultural land. http://www.defra.gov.uk/animalh/bse/public-health/cond-rep.pdf The Scrapie Replication-Site Hypothesis and its Dickinson, A.G. and Outram, G.W. (1979) Implications for pathogenesis ; Slow Transmissible Diseases of the Nervous System, vol. 2, edited by Prusiner S.B. and Hadlow W.J., New York, Academic Press, 13-32 Oral exposure of humans to the BSE agent: infective dose and EU document; 2000; Opinion - species barrier ; http://europa.eu.int/comm/food/fs/sc/ssc/out79_en.pdf Transmission of scrapie Flechsig E, Hegyi I, Enari M, Schwarz P, Collinge J, Weissmann C.; 2001. by steel-surface-bound prions. Mol Med 2001 Oct;7(10):679-84 Towards a quantitative risk assessment for BSE in sewage sludge Gale P, Stanfield G.; 2001; . J Appl Microbiol. Sept; 91(3):563-9. Development of a risk assessment for BSE in the Gale P, Young C, Stanfield G, Oakes D; 1998; aquatic environment . J Appl Microbiol. Apr; 84(4):467-77. Hamir, A.N., R.C. Cutlip, J.M. Miller, E.S. Williams, M.J. Stack, M.W. Miller, K.I. O'Rourke, and Preliminary findings on the experimental transmission of chronic wasting M.J. Chaplin. 2001. disease agent of mule deer to cattle . Journal of Veterinary Diagnostic Investigation 13:91-96. The Hill AF, Desbruslais M, Joiner S, Sidle KC, Gowland I, Collinge J, Doey LJ, Lantos P.; 1997; same prion strain causes vCJD and BSE; Nature; Oct; 389(6650):448-50, 526. 8 Creutzfeldt-Jakob disease in JH, Bradley K, Dowdle G, Crutcher JM, Nichols CR.; 2001; unusually young patients who consumed venison. Arch Neurol Oct;58(10):1673-8. Molecular biology of scrapie-like agents Bennett AD, Birkett CR, Bostock CJ; 1992;; Revue Scientifique et Technique, Office International des Epizooties; 11(2): 569-203. Refuse Sampling and Permeability Testing at the Brock Bleiker DE, McBean E, Farquhar G; West and Keele Valley Landfills; Proceedings of the Sixteenth International Madison Waste Conference; September 22-23, 1993 Survival of scrapie virus after 3 years' interment Brown P, Gajdusek DC; 1991; ; Lancet. Feb 2;337(8736):269-70. Bruce ME, Will RG, Ironside JW, McConnell I, Drummond D, Suttie A, McCardle L, Chree A, Hope Transmissions to mice indicate that 'new J, Birkett C, Cousens S, Fraser H, Bostock CJ.; 1997; variant' CJD is caused by the BSE agent ; Nature; Oct 2;389(6650):498-501. Buege, Dennis. Extension Meat Specialist, Animal Sciences Department, University of Wisconsin Madison. 2002 Risk assessment for the disposal of Department for Environment, Food & Rural Affairs; 2000; treated rendering plant ruminant condensate to agricultural land. http://www.defra.gov.uk/animalh/bse/public-health/cond-rep.pdf The Scrapie Replication-Site Hypothesis and its Dickinson, A.G. and Outram, G.W. (1979) Implications for pathogenesis ; Slow Transmissible Diseases of the Nervous System, vol. 2, edited by Prusiner S.B. and Hadlow W.J., New York, Academic Press, 13-32 Oral exposure of humans to the BSE agent: infective dose and EU document; 2000; Opinion - species barrier ; http://europa.eu.int/comm/food/fs/sc/ssc/out79_en.pdf Transmission of scrapie Flechsig E, Hegyi I, Enari M, Schwarz P, Collinge J, Weissmann C.; 2001. by steel-surface-bound prions. Mol Med 2001 Oct;7(10):679-84 Towards a quantitative risk assessment for BSE in sewage sludge Gale P, Stanfield G.; 2001; . J Appl Microbiol. Sept; 91(3):563-9. Development of a risk assessment for BSE in the Gale P, Young C, Stanfield G, Oakes D; 1998; aquatic environment . J Appl Microbiol. Apr; 84(4):467-77. Hamir, A.N., R.C. Cutlip, J.M. Miller, E.S. Williams, M.J. Stack, M.W. Miller, K.I. O'Rourke, and Preliminary findings on the experimental transmission of chronic wasting M.J. Chaplin. 2001. disease agent of mule deer to cattle . Journal of Veterinary Diagnostic Investigation 13:91-96. The Hill AF, Desbruslais M, Joiner S, Sidle KC, Gowland I, Collinge J, Doey LJ, Lantos P.; 1997; same prion strain causes vCJD and BSE; Nature; Oct; 389(6650):448-50, 526. 8 Creutzfeldt-Jakob disease in JH, Bradley K, Dowdle G, Crutcher JM, Nichols CR.; 2001; unusually young patients who consumed venison. Arch Neurol Oct;58(10):1673-8. Molecular biology of scrapie-like agents Bennett AD, Birkett CR, Bostock CJ; 1992;; Revue Scientifique et Technique, Office International des Epizooties; 11(2): 569-203. Refuse Sampling and Permeability Testing at the Brock Bleiker DE, McBean E, Farquhar G; West and Keele Valley Landfills; Proceedings of the Sixteenth International Madison Waste Conference; September 22-23, 1993 Survival of scrapie virus after 3 years' interment Brown P, Gajdusek DC; 1991; ; Lancet. Feb 2;337(8736):269-70. Bruce ME, Will RG, Ironside JW, McConnell I, Drummond D, Suttie A, McCardle L, Chree A, Hope Transmissions to mice indicate that 'new J, Birkett C, Cousens S, Fraser H, Bostock CJ.; 1997; variant' CJD is caused by the BSE agent ; Nature; Oct 2;389(6650):498-501. Buege, Dennis. Extension Meat Specialist, Animal Sciences Department, University of Wisconsin Madison. 2002 Risk assessment for the disposal of Department for Environment, Food & Rural Affairs; 2000; treated rendering plant ruminant condensate to agricultural land. http://www.defra.gov.uk/animalh/bse/public-health/cond-rep.pdf The Scrapie Replication-Site Hypothesis and its Dickinson, A.G. and Outram, G.W. (1979) Implications for pathogenesis ; Slow Transmissible Diseases of the Nervous System, vol. 2, edited by Prusiner S.B. and Hadlow W.J., New York, Academic Press, 13-32 Oral exposure of humans to the BSE agent: infective dose and EU document; 2000; Opinion - species barrier ; http://europa.eu.int/comm/food/fs/sc/ssc/out79_en.pdf Transmission of scrapie Flechsig E, Hegyi I, Enari M, Schwarz P, Collinge J, Weissmann C.; 2001. by steel-surface-bound prions. Mol Med 2001 Oct;7(10):679-84 Towards a quantitative risk assessment for BSE in sewage sludge Gale P, Stanfield G.; 2001; . J Appl Microbiol. Sept; 91(3):563-9. Development of a risk assessment for BSE in the Gale P, Young C, Stanfield G, Oakes D; 1998; aquatic environment . J Appl Microbiol. Apr; 84(4):467-77. Hamir, A.N., R.C. Cutlip, J.M. Miller, E.S. Williams, M.J. Stack, M.W. Miller, K.I. O'Rourke, and Preliminary findings on the experimental transmission of chronic wasting M.J. Chaplin. 2001. disease agent of mule deer to cattle . Journal of Veterinary Diagnostic Investigation 13:91-96. The Hill AF, Desbruslais M, Joiner S, Sidle KC, Gowland I, Collinge J, Doey LJ, Lantos P.; 1997; same prion strain causes vCJD and BSE; Nature; Oct; 389(6650):448-50, 526. 8 Creutzfeldt-Jakob disease in JH, Bradley K, Dowdle G, Crutcher JM, Nichols CR.; 2001; unusually young patients who consumed venison. Arch Neurol Oct;58(10):1673-8. Molecular biology of scrapie-like agents Bennett AD, Birkett CR, Bostock CJ; 1992;; Revue Scientifique et Technique, Office International des Epizooties; 11(2): 569-203. Refuse Sampling and Permeability Testing at the Brock Bleiker DE, McBean E, Farquhar G; West and Keele Valley Landfills; Proceedings of the Sixteenth International Madison Waste Conference; September 22-23, 1993 Survival of scrapie virus after 3 years' interment Brown P, Gajdusek DC; 1991; ; Lancet. Feb 2;337(8736):269-70. Bruce ME, Will RG, Ironside JW, McConnell I, Drummond D, Suttie A, McCardle L, Chree A, Hope Transmissions to mice indicate that 'new J, Birkett C, Cousens S, Fraser H, Bostock CJ.; 1997; variant' CJD is caused by the BSE agent ; Nature; Oct 2;389(6650):498-501. Buege, Dennis. Extension Meat Specialist, Animal Sciences Department, University of Wisconsin Madison. 2002 Risk assessment for the disposal of Department for Environment, Food & Rural Affairs; 2000; treated rendering plant ruminant condensate to agricultural land. http://www.defra.gov.uk/animalh/bse/public-health/cond-rep.pdf The Scrapie Replication-Site Hypothesis and its Dickinson, A.G. and Outram, G.W. (1979) Implications for pathogenesis ; Slow Transmissible Diseases of the Nervous System, vol. 2, edited by Prusiner S.B. and Hadlow W.J., New York, Academic Press, 13-32 Oral exposure of humans to the BSE agent: infective dose and EU document; 2000; Opinion - species barrier ; http://europa.eu.int/comm/food/fs/sc/ssc/out79_en.pdf Transmission of scrapie Flechsig E, Hegyi I, Enari M, Schwarz P, Collinge J, Weissmann C.; 2001. by steel-surface-bound prions. Mol Med 2001 Oct;7(10):679-84 Towards a quantitative risk assessment for BSE in sewage sludge Gale P, Stanfield G.; 2001; . J Appl Microbiol. Sept; 91(3):563-9. Development of a risk assessment for BSE in the Gale P, Young C, Stanfield G, Oakes D; 1998; aquatic environment . J Appl Microbiol. Apr; 84(4):467-77. Hamir, A.N., R.C. Cutlip, J.M. Miller, E.S. Williams, M.J. Stack, M.W. Miller, K.I. O'Rourke, and Preliminary findings on the experimental transmission of chronic wasting M.J. Chaplin. 2001. disease agent of mule deer to cattle . Journal of Veterinary Diagnostic Investigation 13:91-96. The Hill AF, Desbruslais M, Joiner S, Sidle KC, Gowland I, Collinge J, Doey LJ, Lantos P.; 1997; same prion strain causes vCJD and BSE; Nature; Oct; 389(6650):448-50, 526. 8 Separation Meyer RK, McKinley MP, Bowman KA, Braunfeld MB, Barry RA, Prusiner SB.; 1986; and properties of cellular and scrapie prion proteins ; Proc Natl Acad Sci U S A. 1986 Apr;83(8):2310-4. Geotechnology of Waste Management; Oweis, I. and Khere, R.;(1990); Butterworth & Co. Publishers; page 171. Raymond GJ, Bossers A, Raymond LD, O’Rourke KI, McHolland LE, Bryant PK, Miller MW, Evidence of a molecular barrier limiting Williams ES, Smits M, Caughhey B; (2000); susceptibility of humans, cattle and sheep to chronic wasting disease; The EMBO Journal; 19 (17): 4425-4430. Compelling Scott MR, Will R, Ironside J, Nguyen HO, Tremblay P, DeArmond SJ, Prusiner SB; transgenetic evidence for transmission of bovine spongiform encephalopathy prions to humans. Proc Natl Acad Sci U S A; Dec. 21;96(26): 15137-42 Leachate Recirculation – Considerations for Design and Shaw, P. and Carey, P.; (1996); Implementation; Emerging Issues in Landfill Design Construction and Operations Conference, March 18-20, 1996; Sponsored by: The Engineering Society, Detroit, Michigan. Chronic subclinical prion disease induced by Thackray AM, Klein MA, Aguzzi A, Bujdoso R; low-dose inoculum ; J Virol 2002 Mar;76(5):2510-7. Leachate Recycle Infiltration Ponds Townsend TG, Miller WL, Earle JFK; ; J. of Env. Eng.; 121(6) 465-471 Chronic Wasting Disease in deer and elk in North America Williams ES, Miller MW; 2002; ; Revue Scientifique et Technique, Office International des Epizooties; 21 (2): 305-316 Is chronic wasting disease naturally transmissible to cattle? Williams ES; ; Chronic Wasting thth Disease Symposium; August 6 & 7 2002; Denver CO. Disposal and Landfilling of Deer Carcasses from the CWD Zone; WDNR 2002; http://www.dnr.state.wi.us/org/land/wildlife/whealth/issues/CWD/briefing.pdf Transmission of prions C. Weissmann, M. Enari, P.-C. Klöhn, D. Rossi, and E. Flechsig; PNAS published August 14, 2002, 10.1073/pnas.172403799 ( Colloquium ). http://www.pnas.org/cgi/reprint/172403799v1.pdf 9 Separation Meyer RK, McKinley MP, Bowman KA, Braunfeld MB, Barry RA, Prusiner SB.; 1986; and properties of cellular and scrapie prion proteins ; Proc Natl Acad Sci U S A. 1986 Apr;83(8):2310-4. Geotechnology of Waste Management; Oweis, I. and Khere, R.;(1990); Butterworth & Co. Publishers; page 171. Raymond GJ, Bossers A, Raymond LD, O’Rourke KI, McHolland LE, Bryant PK, Miller MW, Evidence of a molecular barrier limiting Williams ES, Smits M, Caughhey B; (2000); susceptibility of humans, cattle and sheep to chronic wasting disease; The EMBO Journal; 19 (17): 4425-4430. Compelling Scott MR, Will R, Ironside J, Nguyen HO, Tremblay P, DeArmond SJ, Prusiner SB; transgenetic evidence for transmission of bovine spongiform encephalopathy prions to humans. Proc Natl Acad Sci U S A; Dec. 21;96(26): 15137-42 Leachate Recirculation – Considerations for Design and Shaw, P. and Carey, P.; (1996); Implementation; Emerging Issues in Landfill Design Construction and Operations Conference, March 18-20, 1996; Sponsored by: The Engineering Society, Detroit, Michigan. Chronic subclinical prion disease induced by Thackray AM, Klein MA, Aguzzi A, Bujdoso R; low-dose inoculum ; J Virol 2002 Mar;76(5):2510-7. Leachate Recycle Infiltration Ponds Townsend TG, Miller WL, Earle JFK; ; J. of Env. Eng.; 121(6) 465-471 Chronic Wasting Disease in deer and elk in North America Williams ES, Miller MW; 2002; ; Revue Scientifique et Technique, Office International des Epizooties; 21 (2): 305-316 Is chronic wasting disease naturally transmissible to cattle? Williams ES; ; Chronic Wasting thth Disease Symposium; August 6 & 7 2002; Denver CO. Disposal and Landfilling of Deer Carcasses from the CWD Zone; WDNR 2002; http://www.dnr.state.wi.us/org/land/wildlife/whealth/issues/CWD/briefing.pdf Transmission of prions C. Weissmann, M. Enari, P.-C. Klöhn, D. Rossi, and E. Flechsig; PNAS published August 14, 2002, 10.1073/pnas.172403799 ( Colloquium ). http://www.pnas.org/cgi/reprint/172403799v1.pdf 9 Separation Meyer RK, McKinley MP, Bowman KA, Braunfeld MB, Barry RA, Prusiner SB.; 1986; and properties of cellular and scrapie prion proteins ; Proc Natl Acad Sci U S A. 1986 Apr;83(8):2310-4. Geotechnology of Waste Management; Oweis, I. and Khere, R.;(1990); Butterworth & Co. Publishers; page 171. Raymond GJ, Bossers A, Raymond LD, O’Rourke KI, McHolland LE, Bryant PK, Miller MW, Evidence of a molecular barrier limiting Williams ES, Smits M, Caughhey B; (2000); susceptibility of humans, cattle and sheep to chronic wasting disease; The EMBO Journal; 19 (17): 4425-4430. Compelling Scott MR, Will R, Ironside J, Nguyen HO, Tremblay P, DeArmond SJ, Prusiner SB; transgenetic evidence for transmission of bovine spongiform encephalopathy prions to humans. Proc Natl Acad Sci U S A; Dec. 21;96(26): 15137-42 Leachate Recirculation – Considerations for Design and Shaw, P. and Carey, P.; (1996); Implementation; Emerging Issues in Landfill Design Construction and Operations Conference, March 18-20, 1996; Sponsored by: The Engineering Society, Detroit, Michigan. Chronic subclinical prion disease induced by Thackray AM, Klein MA, Aguzzi A, Bujdoso R; low-dose inoculum ; J Virol 2002 Mar;76(5):2510-7. Leachate Recycle Infiltration Ponds Townsend TG, Miller WL, Earle JFK; ; J. of Env. Eng.; 121(6) 465-471 Chronic Wasting Disease in deer and elk in North America Williams ES, Miller MW; 2002; ; Revue Scientifique et Technique, Office International des Epizooties; 21 (2): 305-316 Is chronic wasting disease naturally transmissible to cattle? Williams ES; ; Chronic Wasting thth Disease Symposium; August 6 & 7 2002; Denver CO. Disposal and Landfilling of Deer Carcasses from the CWD Zone; WDNR 2002; http://www.dnr.state.wi.us/org/land/wildlife/whealth/issues/CWD/briefing.pdf Transmission of prions C. Weissmann, M. Enari, P.-C. Klöhn, D. Rossi, and E. Flechsig; PNAS published August 14, 2002, 10.1073/pnas.172403799 ( Colloquium ). http://www.pnas.org/cgi/reprint/172403799v1.pdf 9 Separation Meyer RK, McKinley MP, Bowman KA, Braunfeld MB, Barry RA, Prusiner SB.; 1986; and properties of cellular and scrapie prion proteins ; Proc Natl Acad Sci U S A. 1986 Apr;83(8):2310-4. Geotechnology of Waste Management; Oweis, I. and Khere, R.;(1990); Butterworth & Co. Publishers; page 171. Raymond GJ, Bossers A, Raymond LD, O’Rourke KI, McHolland LE, Bryant PK, Miller MW, Evidence of a molecular barrier limiting Williams ES, Smits M, Caughhey B; (2000); susceptibility of humans, cattle and sheep to chronic wasting disease; The EMBO Journal; 19 (17): 4425-4430. Compelling Scott MR, Will R, Ironside J, Nguyen HO, Tremblay P, DeArmond SJ, Prusiner SB; transgenetic evidence for transmission of bovine spongiform encephalopathy prions to humans. Proc Natl Acad Sci U S A; Dec. 21;96(26): 15137-42 Leachate Recirculation – Considerations for Design and Shaw, P. and Carey, P.; (1996); Implementation; Emerging Issues in Landfill Design Construction and Operations Conference, March 18-20, 1996; Sponsored by: The Engineering Society, Detroit, Michigan. Chronic subclinical prion disease induced by Thackray AM, Klein MA, Aguzzi A, Bujdoso R; low-dose inoculum ; J Virol 2002 Mar;76(5):2510-7. Leachate Recycle Infiltration Ponds Townsend TG, Miller WL, Earle JFK; ; J. of Env. Eng.; 121(6) 465-471 Chronic Wasting Disease in deer and elk in North America Williams ES, Miller MW; 2002; ; Revue Scientifique et Technique, Office International des Epizooties; 21 (2): 305-316 Is chronic wasting disease naturally transmissible to cattle? Williams ES; ; Chronic Wasting thth Disease Symposium; August 6 & 7 2002; Denver CO. Disposal and Landfilling of Deer Carcasses from the CWD Zone; WDNR 2002; http://www.dnr.state.wi.us/org/land/wildlife/whealth/issues/CWD/briefing.pdf Transmission of prions C. Weissmann, M. Enari, P.-C. Klöhn, D. Rossi, and E. Flechsig; PNAS published August 14, 2002, 10.1073/pnas.172403799 ( Colloquium ). http://www.pnas.org/cgi/reprint/172403799v1.pdf 9 Separation Meyer RK, McKinley MP, Bowman KA, Braunfeld MB, Barry RA, Prusiner SB.; 1986; and properties of cellular and scrapie prion proteins ; Proc Natl Acad Sci U S A. 1986 Apr;83(8):2310-4. Geotechnology of Waste Management; Oweis, I. and Khere, R.;(1990); Butterworth & Co. Publishers; page 171. Raymond GJ, Bossers A, Raymond LD, O’Rourke KI, McHolland LE, Bryant PK, Miller MW, Evidence of a molecular barrier limiting Williams ES, Smits M, Caughhey B; (2000); susceptibility of humans, cattle and sheep to chronic wasting disease; The EMBO Journal; 19 (17): 4425-4430. Compelling Scott MR, Will R, Ironside J, Nguyen HO, Tremblay P, DeArmond SJ, Prusiner SB; transgenetic evidence for transmission of bovine spongiform encephalopathy prions to humans. Proc Natl Acad Sci U S A; Dec. 21;96(26): 15137-42 Leachate Recirculation – Considerations for Design and Shaw, P. and Carey, P.; (1996); Implementation; Emerging Issues in Landfill Design Construction and Operations Conference, March 18-20, 1996; Sponsored by: The Engineering Society, Detroit, Michigan. Chronic subclinical prion disease induced by Thackray AM, Klein MA, Aguzzi A, Bujdoso R; low-dose inoculum ; J Virol 2002 Mar;76(5):2510-7. Leachate Recycle Infiltration Ponds Townsend TG, Miller WL, Earle JFK; ; J. of Env. Eng.; 121(6) 465-471 Chronic Wasting Disease in deer and elk in North America Williams ES, Miller MW; 2002; ; Revue Scientifique et Technique, Office International des Epizooties; 21 (2): 305-316 Is chronic wasting disease naturally transmissible to cattle? Williams ES; ; Chronic Wasting thth Disease Symposium; August 6 & 7 2002; Denver CO. Disposal and Landfilling of Deer Carcasses from the CWD Zone; WDNR 2002; http://www.dnr.state.wi.us/org/land/wildlife/whealth/issues/CWD/briefing.pdf Transmission of prions C. Weissmann, M. Enari, P.-C. Klöhn, D. Rossi, and E. Flechsig; PNAS published August 14, 2002, 10.1073/pnas.172403799 ( Colloquium ). http://www.pnas.org/cgi/reprint/172403799v1.pdf 9 City Council Memorandum December 14, 2009 TO: Janesville City Council FROM: Sustainable Janesville Committee SUBJECT: Sustainable Janesville Committee’s Supporting Information Regarding the Landfilling of Deer Carcasses at the Janesville Municipal Landfill. Committee Recommendation At their December 1, 2009 meeting the Sustainable Janesville Committee forwarded the following motion to the City Council: “Move that the Sustainable Janesville Committee recommends to the City Council that they authorize the City Manager to enter into the proposed indemnification agreement with Wisconsin DNR, and that the City Landfill be required to operate in compliance with the WisDNR indemnification agreement, and further direct the City Manager to review the City’s position on accepting deer carcasses on an annual basis and make an annual recommendation to the City Council.” The motion was made by Committee Member Swanson with a second by Committee Member Hyzer. The original motion passed on a 4-3-0 vote with Committee Members Swanson, Hyzer, Udell and Councilmember Perrotto in support and Committee Members Mills, Backenkeller and Cunningham opposed. Background As part of the discussion, Councilmember Perrotto suggested that Committee Members should provide their thoughts on the issue in writing and provided to the City Council. Councilmember Perrotto thought this information would be helpful to the Council when making their decision on this matter at their December 14 meeting. The following is a list from those Committee Members who chose to provide their comments to the City Council in their words: ________________________________________________________________ Majority View Point ~ Ann Hyzer “Primary criteria in support of vote to have City Council move forward with authorization for the City Manager to enter into the Indemnification Agreement CWD is a disease of the deer family. Several studies provide evidence that, to date, CWD has not been transmitted to humans. Additionally, routine surveillance has not shown any increase in the incidence of Creutzfeldt-Jakob disease (a human prion disease) in Colorado or Wyoming. Because of the long time between exposure to CWD and the development of disease, however, many years of continued follow-up are required to be able to say what the risk, if any, of CWD is to humans. We cannot say with absolute scientific certainty this will never happen, but the preponderance of scientific research contains no strong evidence of CWD transmission to humans. The Center for Disease Control (CDC) states that the mode of transmission of CWD among deer is not fully understood, but evidence supports the possibility that the disease is spread through direct animal-to-animal contact or as a result of indirect exposure to prions in the environment (e.g., in contaminated feed and water sources.). DNR Specialist, Tim Lizotte, indicated that the exposure route for CWD in deer is oral. Lizotte said deer eat a lot of soil when grazing in woods and pasture. Dermal (through the skin) and airborne exposure paths have not been shown. ---- The bottom line is that landfilling will essentially “entomb” potentially contaminated deer carcass residues and prevent deer from coming in contact with any pathogens, therefore preventing the spread of the disease from those landfilled carcasses. This begs the following question: What happens if prions actually end up disposed of in a landfill through infected deer waste? Could the pathogens move with the leachate through the landfill and be removed via the leachate collection system? What happens then? As a soil scientist and former environmental regulator with the Minnesota Pollution Control Agency I wanted to see some research that gave sound evidence that any prions associated with infected deer carcasses put into the landfill system would stay in the landfill. A well designed study was conducted jointly by researchers in the fields of Civil and Environmental Engineering, Comparative Biosciences, and Soil Science at the University of Wisconsin-Madison to evaluate the fate of prions in a landfill simulation. The study was designed to simulate what would happen if the disposal of CWD-infected deer carcasses in a MSW landfill occurred. The findings were published in the Journal of Environmental Science and Technology in 2009 (VOL. 43, NO. 6), a peer-reviewed publication. The results indicated the following: ? “Penetration into the burial material over the 46 year simulation period was <20 mm (<1 inch.) ? “These analyses indicated that concentrations of the [infectious prions] in a leachate collection system should be effectively zero for the conditions that were simulated, regardless of whether the CWD waste is encased in burial soil.” Prions do not dissolve well in water, or MSW landfill leachate, and therefore bond very tightly to soil particles within the landfill. They appear not to move and are not detected at very low detection levels within landfill leachate. Prions will stay in the landfill under a normal, controlled management regime. Based on these results, I’m satisfied to a high degree that prions from CWD infected deer, if placed in a landfill, would remain in the landfill adsorbed to soil. But will the prion even be unearthed in the future? Could the prion material be re-exposed? The Janesville MSW landfill is governed by DNR rules that include stringent closure procedures and follow-up monitoring. An impermeable “cap” will be placed on the landfill at closure which will prevent the movement of water through the landfill. In addition, the indemnification agreement requires that Global Position System (GPS) equipment be used to record coordinates of the deer disposal trench location and put into the landfill records. The landfill record will be maintained during the operating life and the 40 year long-term care period of the landfill. After the long-term care period, deed restrictions will control, and effectively eliminate, the possibility of the deer carcass material being unearthed. The International Association of Fish and Wildlife Agencies state the following in a publication Transportation and Disposal of Hunter-Killed Cervid Carcasses: Recommendations to Wildlife Agencies to Reduce Chronic Wasting Disease Risks, March 2006: ? “If all unwanted carcass parts, scraps, and trims removed from the field were disposed of properly, the risk of CWD introduction via carcass transport would essentially be eliminated.” ? “Throughout North America, responsible agencies should recommend that hunters, game farmers, processors, and taxidermists properly dispose of all wastes from processed cervids.” ? “The U.S. Environmental Protection Agency recognized the current reliance of hunters on landfills to dispose of parts and occasional carcasses and affirmed there is no reason to believe this practice is inappropriate.” In closing-- Other means of deer waste disposal methods that destroy the CWD prion (i.e., high temperature incineration and chemical digestion) are relatively very expensive. When compared to the very, if not infinitesimally, small probability of transmission of CWD to deer, or humans for that matter from landfilled deer waste, landfilling is an economically, environmentally and public-health justified method of disposal of deer carcasses.” Ann Hyzer, Sustainable Janesville Committee, December 12, 2009 ________________________________________________________________________ Minority View Point ~ Matt Mills “What the recommendation by the SJC to landfill deer carcasses means for the City Council. The WiDNR and deer hunters can buy a little more time in their loosing battle with Chronic Wasting Disease. Expensive tissue digesters and high temperature incinerators will not be used to destroy the prions in the environment. Instead, we will be collecting and holding the areas infectious prions in our landfill. The risk of infectious prion disease will remain in the landfill for both deer and the citizens of Janesville for longer than the life of the landfill. And, we will be unable to monitor the presence of prions in the leachate from the landfill or sludge from the wastewater treatment plant, since no test exists to detect prions in either leachate or sludge.” Matt Mills -Sustainable Janesville Committee Chairperson _______________________________________________________________________ Minority View Point ~ Julie Backenkeller “My concerns with CWD infected carcasses being landfilled, is that there is not enough long term information about the disease. What is known, is that prions (the bad stuff) stay viable in soils for very long periods of time. The only way to completely destroy the prions is through chemical digestion, or incineration at very high temperatures. Our goal is to destroy the prions. Burying them in the landfill does not do this. It is not the responsibility of the residents of the City of Janesville to manage CWD for the WDNR. Investing in proper disposal must be considered. In 2005, over 74 million tons of deer waste was deposited into the Dane County landfill from November-February (This information is incorrect. Dane County indicated they receive 3.8 tons). Regardless of how many of these carcasses were infected with CWD, burying the carcasses, which could be unearthed at some point by natural disaster or other, will further spread the disease. Potential for prions to be spread over farmfields in sludge from leachate to waste water, is the concern of water utilities, and should be considered. Again, the WDNR needs to provide hunters with an option for carcass disposal that destroys the prions. The residents of the City of Janesville should not be subjected to potential damage to health and our environment because the WDNR is looking for a cheap disposal option. Use precaution.” Julie Backenkeller ________________________________________________________________ cc: Eric Levitt Jacob Winzenz John Whitcomb CITY MANAGER’S OFFICE MEMORANDUM November 25, 2009 TO: City Council FROM:Thomas E. Malone, Management Analyst SUBJECT: Continued Public Hearing and Action on a Proposed Charter Ordinance Amending the Meeting Time of Regular Common Council Meetings from 7:00 P.M. to 6:30 P.M. on the Second and Fourth Monday’s of the Month (File Charter Ordinance 2009-008) Request The Janesville Gazette requested that the Council President consider placing an agenda item to discuss City Council meetings be regularly scheduled to start at 6:30 pm rather than 7:00 pm. City Manager Recommendation: This item is being brought back to the City Council due to a co-sponsoring request from Councilman McDonald and Councilman Rashkin. The Council policy allows via two provisions the ability for two Council members to request an item be brought back if the motion is voted down. I recommend that the City Council focus on whether it is preferred to maintain a starting time at 7:00 or whether it would be more citizen and City Council member friendly to begin 30 minutes to an hour earlier with the motivation to end approximately an hour earlier in order to benefit members of the public who would be coming to speak on specific issues. Suggested Motion If the City Council wishes to consider a change in the time for Council meetings then, following the public hearing, the proposed Charter Ordinance should be approved. Background Every city has a charter that establishes the form and substance of the City’s structure and operation. To make changes to the charter, the Council must pass a charter ordinance. Janesville’s charter details when the common council meets. Charter ordinances are more involved than typical “general ordinances”. ? Amending a Charter Ordinance requires a two-thirds vote, or 5 affirmative votes, of the Common Council, instead of a simple majority (4 votes). ? A Charter Ordinance does not take effect until 60 days after its passage and publication. If citizens oppose the Charter Ordinance, they may use this 60 day time period to gather the appropriate signatures to require a referendum on the Charter Ordinance. The Charter Ordinance amending the meeting time from 7:00 pm to 6:30 pm appeared on the October 12, 2009 City Council agenda. During the Council’s discussion an amendment was made to the Charter Ordinance to change the start time to 6:00 pm. The amendment failed on a 2-4 vote, and the Charter Ordinance failed to pass on a 3-3 vote. Attached is a peer survey that was conducted of the start time for City Council meetings in other communities. Analysis Below is a list of potential pros and cons to changing the start time of City Council Meetings to 6:30 pm. Pros ? Starting meetings at 6:30 would potentially provide the media with extended time to meet deadlines and include a more complete description of council meetings. ? There is the potential that meetings would not be in session as late into the evening because of the earlier start time. This would be an advantage to residents who are in attendance for later agenda items. Cons ? Starting meetings at an earlier time has the potential of being an inconvenient for citizens who are unable to make a 6:30 pm meeting due to work or personal reasons. ? The City Council currently holds a listening session from 6:00 until 7:00 prior to the first Council meeting of the month. If this request is approved that listening session will either need to be shortened by ½ hour, or the start time will need to be moved to 5:30. ? Under the current start time additional meetings are sometimes scheduled prior to the Council meetings, this could impact the ability to schedule those other meetings. CC: Eric Levitt, City Manager Jacob J. Winzenz, Assistant City Manager/Director of Administrative Services CHARTER ORDINANCE NO. 2009 – 008 CITY OF JANESVILLE Amendment To Certain Current Charter Ordinance Section 2.04.030 of the City of Janesville An ordinance amending the meeting time of regular common council meetings. THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: SECTION I. Charter Ordinance Section 2.04.030 of the Code of Ordinances of the City of Janesville is hereby amended to read as follows: “2.04.030 Time--Place . Regular meetings of the council shall be held in the council chambers at six thirty o’clock p.m. the city hall at seven o'clock p.m. Special meetings shall be held at the place and at the time designated in the notice thereof.” SECTION II. All other provisions and sections of the Charter Ordinance(s) of the City of Janesville not expressly and specifically amended in the manner set forth above are hereby reaffirmed and ratified, shall remain unchanged, and shall remain in full force and effect. Motion by: ADOPTED: Second by: Councilmember Aye Nay Pass Absent APPROVED: Brunner McDonald Perrotto Eric Levitt, City Manager Rashkin Steeber ATTEST: Truman Voskuil Jean Ann Wulf, City Clerk-Treasurer APPROVED AS TO FORM: City Attorney Proposed by: Council President Truman Prepared by: Management Assistant л»® ݱ³³«²·¬§ ݱ«²½·´ Ó»»¬·²¹ ͬ¿®¬ Ì·³»­ ݱ³³«²·¬§Í¬¿®¬ Ì·³»Ü¿§ Ô¿ Ý®±­­»éæíðî²¼ ̸«®­¼¿§ Þ»´±·¬éæððï­¬ ú í®¼ Ó±²¼¿§ É¿«©¿¬±­¿éæíðï­¬ ú í®¼ Ì«»­¼¿§ ο½·²»éæððï­¬ ¿ú í®¼ Ì«»­¼¿§ éæìë Þ®±±µº·»´¼ï­¬ ú í®¼ Ì«»­¼¿§ ß°°´»¬±²èæððÛ¿½¸ Ó±²¼¿§ É»­¬ß´´·­éæððï­¬ ú í®¼ Ì«»­¼¿§ Õ»²±­¸¿éæððï­¬ ú í®¼ Ó±²¼¿§ Ö¿²»­ª·´´»éæððî²¼ ú 쬸 Ó±²¼¿§ Ú±²¼ ¼« Ô¿½éæððî²¼ ú 쬸 É»¼²»­¼¿§ É¿«­¿«éæððî²¼ ú 쬸 Ì«»­¼¿§ É¿«µ»­¸¿éæíðï­¬ ú í®¼ Ì«»­¼¿§ Û¿« Ý´¿·®»ìæððî²¼ ú 쬸 Ì«»­¼¿§ Ñ­¸µ±­¸êæððî²¼ ú 쬸 Ì«»­¼¿§ Ù®»»² Þ¿§éæððî²¼ ú 쬸 Ì«»­¼¿§ Ó¿¼·­±²êæíðï­¬ ú í®¼ Ì«»­¼¿§ øï÷ ï­¬ ïë ³·²­ ·­ º±® °«¾´·½ ½±³³»²¬ Community Development Department Memorandum December 7, 2009 TO: Janesville City Council FROM: Duane Cherek, Manager of Planning Services SUBJECT: Second Reading, Public hearing, and Action on a proposed ordinance creating Chapter 18.80, Airport Overlay Zoning District, to the City of Janesville Zoning Ordinance (File Revised Ordinance No. 2009-444). Summary The Community Development Department has prepared an ordinance that will create an Airport Overlay Zoning District (AOZD) establishing land use protection zones within a three (3) mile boundary surrounding the Southern Wisconsin Regional Airport. In April 2009, Rock County adopted an ordinance that imposes land use controls and regulations designed to maintain a compatible relationship between airport operations and existing and future land uses within this 3-mile boundary. The provisions of the County Ordinance apply to all municipalities which lie within three miles of the airport, including the City of Janesville. Unless the City of Janesville adopts its own local ordinance, the regulatory provisions of the County’s airport overlay zoning district will be administered by Rock County officials. In order to maintain local control in the review and implementation of land use regulations imposed under the Rock County ordinance, staff has prepared a City of Janesville Airport Overlay District for incorporation into the City’s Zoning Ordinance. Both the City’s draft ordinance and the adopted Rock County Ordinance become effective on January 1, 2010. Department Recommendation The Plan Commission and the Community Development Department recommend that the City Council support a motion to adopt Revised Ordinance No. 2009-444 creating Chapter 18.80, Airport Overlay Zoning District, to the City of Janesville Zoning Ordinance. The ordinance was revised to include changes to the text that clarify “partially damaged” existing uses and to ensure consistency in definitions, as requested by Plan Commission. City Manager Recommendation The City Manager concurs with the Community Development Department and Plan Commission recommendations. Suggested Motion I move to approve Revised Ordinance No. 2009-444, an ordinance creating Chapter 18.80, Airport Overlay Zoning District for the Southern Wisconsin Regional Airport, to the Code of General Ordinances of the City of Janesville. Background As owner and operator of the Southern Wisconsin Regional Airport, the Rock County Board of Supervisors directed the County Planning & Development Agency to create an Airport Land Use Plan and Overlay Zoning Ordinance to ensure long-term viability of the Airport, while protecting the health, safety and welfare of citizens and airport users. The Rock County Plan and Ordinance are designed to ensure that compatible land uses are maintained in the immediate vicinity of the airport. The ordinance establishes protection zones and certain land use restrictions within a 3-mile jurisdictional boundary around the airport. In early 2007, an Advisory Committee was established to assist the efforts of Meade & Hunt, a consulting firm hired to prepare the Airport Land Use Plan and Overlay Zoning Ordinance. The Advisory Committee included representation from the surrounding Towns, the City of Janesville, Rock County officials, State DOT and other users of the airport. After two years of on-going discussion, review and preparation, the Rock County Board adopted the airport land use plan and overlay zoning ordinance in April 2009. Pursuant to the Rock County Ordinance, the City and all Towns are required to comply with the Ordinance which shall take effect on January 1, 2010. A transfer of jurisdictional control allowing the City of Janesville to regulate land use for property located in the city limits can be implemented through local adoption of an Airport Overlay Zoning District. The locally adopted ordinance must include and maintain consistency with those provisions set forth in the Rock County Ordinance. File Ordinance No. 2009-444 has been prepared to satisfy those requirements. Analysis A. For several years, height limitations in the vicinity of the Rock County Airport have been regulated by the City of Janesville within a three-mile boundary of the airport consistent with Rock County’s ordinance. Regulating the maximum height for all buildings and structures located within three miles of the airport has not changed as a result of this ordinance but has been incorporated into the proposed overlay district. B. The proposed ordinance is designed to establish land use controls that serve to protect airport runway approaches and surrounding air space from land uses that may conflict with airport operations. As an overlay district, these zoning restrictions are applied in addition to the underlying zoning classifications of property near the airport. By regulating development deemed incompatible with airport-related activities, the ordinance proposes to ensure that public safely and airport protection is obtained. The ordinance addresses these matters through the application of airport protection zones and zone districts. Five protection zones are designated in the vicinity of the airport. Those zones primarily correspond with runway approach and departure corridors (see Map 1). Land use restrictions are more tightly regulated in areas of concentrated aircraft operations along runways. The zones are listed as A, B1, B2, C and D as shown on the map. C. Development in the overlay district is regulated in accordance with a table of Land Use Activities (Tables 4–10) based on a property’s location within a particular protection zone. Within each zone, land uses are further divided into existing and future land development. Existing land use consists of development that is currently present on the ground at the time of ordinance adoption. Future land use consists of any new or proposed development after the effective date of the ordinance (January 1, 2010). All existing land uses are allowed to remain without any changes, need for a special permit or other conditions. This means that all existing development including residences, businesses, industry or other facilities remain unaffected by the ordinance; however, expansion of certain uses may require the issuance of a permit. D. Land use activities listed in Tables 4-10 of the ordinance fall into three general classes of regulation: Permitted (P), Permit Required (R) and Not Permitted (N). For Permitted Uses, there is no requirement to obtain a Zoning/Building Site Permit in order to demonstrate compliance with this ordinance, except for maintaining the height restrictions within the AOZD. For Permit Required uses, the issuance of a Zoning/Building Site Permit is necessary. The permit, which shall be reviewed by the Community Development Department, may include certain conditions intended to minimize potential hazardous impacts to airport operations and protect surrounding residents of the area. A signed affidavit notifying property owners of the AOZD and the owner’s responsibility to comply with mitigation practices for airport protection must be recorded at the time of building permit issuance. Uses classified as Not Permitted are those considered incompatible within a particular zone due to their propensity to endanger the health, safety and welfare of residents and airport operations. Only a very limited number of uses are considered incompatible in proximity to the airport. Those include new construction proposals for heavy manufacturing, mining, sanitary landfill and large institutional population facilities in the B1 and B2 zones. No land use activities are prohibited within the 3-mile jurisdictional boundary of (Zone D). A Summary Table of land use activities in the primary use categories and protection zones is attached as Exhibit 1. Zones A and C are the most restricted zones. Since Rock County owns and maintains the majority of land encompassing these zones as part of the Airport property, they have been omitted from the summary table. E. A variety of potentially hazardous impacts are commonly recognized concerning use of property near an airport. Those impacts include the potential to create visual obstructions (glare/reflection), potential for noise sensitivity, creation of wildlife attractants such geese or deer, height of structures, and concentrations of people (population density in proximity to runway areas). The ordinance proposes to achieve compliance in providing land use compatibility through the application of mitigation practices that will be applied at the time of Zoning/Building Site Permit application and review. For certain new uses or the expansion of existing development, the application of mitigation techniques in building construction, location or use of land to minimize potential hazards may be employed. This may include the use of non- reflective building materials to minimize glare or reflection, orientation of buildings or other site plan features or the use of land in a manner that directs smoke, steam or dust away from the airport. It may also include minimizing the creation of wildlife attractants through alternative storm water management designs and plant selection, use of building insulation techniques to reduce noise impacts, or other suggested site plan modifications. Regardless of the techniques applied, ensuring compliance with the regulatory provisions will occur on a case-by-case basis as part of the site plan review process. Currently, submittal of a site plan to the Community Development Department is required under City Code for any new development proposed within the AOZD. Submittal of a separate application as required under the ordinance can easily be incorporated into the City’s review process. F. Community Development Department staff drafted this ordinance and recommends adoption to allow for local administration of the Airport Overlay Zoning District. Staff believes it is imperative for the City to maintain continuity in the development review process and that any new construction in the City of Janesville should be coordinated under local review and regulatory enforcement. This will provide for accountability and assurance in that process. The Community Development Department currently provides this service and has the staff, knowledge and expertise to effectively implement the ordinance provisions. Staff worked with Rock County to ensure this additional review activity would comply with the City’s current development review process, and remains satisfied that has been accomplished. The ordinance proposes a $50 zoning/building permit fee to address the need for the additional review. It should be noted that the Rock County Planning & Development Agency will apply the same standards for review in regulating proposed development located in the surrounding towns to achieve consistency in review. G. As indicated above, the process related to development of the Rock County Airport Land Use Plan and Overlay Zoning District (AOZD) included public participation through the appointment of an Advisory Committee made up of representatives from each of the surrounding Towns, City of Janesville, Rock County Board members, airport uses and staff from the State DOT and Rock County. Several meetings were held over the course of two years in the preparation and review of the land use plan and ordinance. A public open house and informational meeting was held on October 6, 2008 to gather input on the proposal. Following this session, County officials met directly with City Planning staff to work out various issues contained in the draft document and subsequently achieved consensus on ordinance language and the provisions contained within it. Prior to County Board review and adoption of the Southern Wisconsin Regional Airport Overlay Zoning District Ordinance, a second public meeting was held on March 18, 2009 to obtain additional public comment and provide information on the ordinance. Proper notification of the ordinance was provided by both Rock County and the City of Janesville as provided by state law for zoning ordinance amendments. The City also mailed individual notices to in-city owners of undeveloped land since those properties would be most affected by the ordinance. To date, staff has not received any public comment on the proposed airport overlay zoning district. H. The overlay district will also affect certain properties owned by the City of Janesville. For instance, the area northeast of the airport is slated for industrial development and includes one of the city’s TIF Districts (TIF 22). While industrial land use is compatible in Protection Zones B1 and B2, it will be important in the future to be sensitive to building placement, use of nonreflective materials, exterior lighting and treatment of stormwater management facilities. These factors will be incorporated into the site plan review process during consideration of potential development sites. The other significant publicly owned property includes the City’s wastewater treatment plant located on Tripp Road west of the Rock River. Expansion of the treatment plant, which is located in Zone B1, is listed as a permitted use and therefore requires no additional review or special permit. PLAN COMMISSION MINUTES – DECEMBER 7, 2009 Duane Cherek, Manager of Planning Services, presented the written staff report. Commissioner Perrotto stated concerns regarding how the ordinance would impact industrial development in TIF 22. Cherek indicated that the proposed ordinance allow all existing land uses to be continued without any changes or conditions required. However, the regulations would require that certain new uses and expansion to some existing uses obtain a permit at time development proposals are brought forward. He stated that the regulations apply to future development in airport sensitive areas and would be applied during the site plan review process. Examples include utilizing certain building materials to minimize conflict with the airport, applying various techniques to manage storm water and reducing visual obstructions. Cantrell added that the most restrictive zone, B1, within industrial park contains a building that already exists and a corner of the industrial park that could be used for parking. Commissioner Perrotto asked how the ordinance would affect the growing Highway 11 bypass. Cantrell answered that there would be some limitations but that staff worked with the county for two years on this ordinance to address concerns about restrictions within the city’s growth area. The public hearing was opened and no one appeared to speak on this item. The public hearing was closed. Commissioner Werner asked if the ordinance took into consideration possible additions of or expansions to airport runways. Cherek stated that an expansion would require a map amendment that must be approved by the Rock County Board, as well as the Plan Commission and City Council. Commissioner Werner referred to Section 18.80.130 of the ordinance regarding existing uses and stated that the reference to “partial destruction” should be more specific to when reconstruction is permitted under the ordinance requirements. There was discussion regarding the penalties and violations section. Discussion regarding the difference between appeals to the Director and/or Plan Commission as compared to the Zoning Board of Appeals was also addressed. Cantrell indicated that the process was set up to be consistent with the current City’s Zoning Ordinance. There was a motion by Commissioner Adams with a second by Commissioner Perrotto to forward the ordinance amendment to the City Council with a favorable recommendation subject to a revision to 18.80.130.A.a of Ordinance No. 2009-444 defining “partial destruction”. Commissioner Werner offered a friendly amendment that staff review the definitions and make necessary revisions for ordinance clarity and consistency. Commissioner Adams and Perrotto accepted the friendly amendment. The motion carried on a 6-0-0 vote. FISCAL IMPACT Staff prepared the Airport Overlay Zoning Ordinance to provide the City of Janesville with the authority to administer and enforce the land use restrictions and provisions contained in Rock County’s ordinance. This will allow staff to conduct site plan review for development proposals affected by the overlay district which are located in the city limits. Certain new uses and the proposed expansion of some existing land uses will require additional review to ensure that the intended use does not impact or create hazardous conditions for aircraft, complies with height limitations and is reasonably safe for area residents. Because staff will incur some additional time in the review of such development and the request must accompany a specific zoning/building permit application, a $50 fee is proposed with the ordinance. All new development within the overlay district will need to comply with the ordinance provisions upon the effective date of January 1, 2010. While there are a variety of mitigation techniques that may be applied to offset potentially hazardous impacts to the airport, each development proposal will need to be reviewed on a case by case basis. In some cases, simple substitutions of building materials (non-reflective), use of proper lighting or building/parking lot orientation will satisfy the development criteria. In other examples, it may be more challenging to apply appropriate stormwater management techniques. While it is reasonable to assume there will be some additional cost for new construction, it is difficult to quantify with certainty what that additional cost may be until specific development proposals are brought forward for review. However, that will be the tradeoff in the circumstance. The application of land use regulations are being applied to ensure the long-term health and vitality of airport, protect owners of property in the vicinity of the airport and promote public safety for all residents in this area. cc: Eric Levitt Jay Winzenz Brad Cantrell REVISED ORDINANCE NO. 2009-444 An ordinance repealing Section 18.32.050, amending Section 18.24.090, and creating Chapter 18.80, Airport Overlay Zoning District (AOZD), of the Code of General Ordinances of the City of Janesville, with penalties for violations thereof, together with the cost of prosecution, with remedies upon default of forfeiture payment and injunctive relief, all in the manner set forth in Section 18.80.150 and Chapter 18.28, respectively, of the Code of General Ordinances of the City of Janesville. THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: SECTION I . Section 18.32.050 of the Code of General Ordinances of the City of Janesville is hereby repealed. All subsequent subsections of Chapter 18.32 are hereby renumbered accordingly. 18.32.050 HEIGHT LIMITATIONS IN VICINITY OF AIRPORT . The maximum height for all buildings and structures located within the vicinity of the Rock County Airport shall not exceed the elevation in feet as delineated upon the Rock County height limitation zoning map. This map, a part of the airport master plan, is adopted and made a part of this title and can be found on file in the office of the city clerk. SECTION II. Section 18.24.090 of the Code of General Ordinance of the City of Janesville is hereby amended to read as follows: “18.24.090 Fee Schedule. A. The fee schedule is as follows: Condition Use Permit (PUD) $0 Conditional Use Permit (Variable) 0 to 10,000 sq ft or less than 1 acre $500 10,000 to 25,000 sq ft or 1 to 5 acres $1,000 Greater than 25,000 sq ft or 5 acres $1,500 Conditional Use Amendments $350 Application for Rezoning (Variable) R1, R2, Conservancy or Agriculture $300 Multi-Family, Office, Comm. Or Indust. $500 Zoning Ordinance Amendment $500 Application for Change of Nonconforming Use $250 Filing of Appeal to Zoning Board of Appeals (Variable) 1. Appeal of an Administrative Decision $50 2. Variation of Ordinance Standard $200 Site Plan Review (Variable) Addition $150 New Building $250 Airport Overlay District Zoning/Building Permit $50 SECTION III. Chapter 18.80 of the Code of General Ordinances of the City of Janesville is hereby created to read as follows: Chapter 18.80 AIRPORT OVERLAY ZONING DISTRICT 18.80.010 TITLE 18.80.020 EFFECTIVE DATE 18.80.030 GENERNAL PROVISIONS 18.80.040 AUTHORITY 18.80.050 PURPOSE AND INTENT 18.80.060 ABROGRATION AND GREATER RESTRICTIONS 18.80.070 INTERPRETATION 18.80.080 SEVERABILITY 18.80.090 ORDINANCE SUPERSEDES CONFLICTING ORDINANCE 18.80.100 JURISDICTION 18.80.110 STATE AND LOCAL AGENCIES REGULATED 18.80.120 DISCLAIMER OF LIABILITY 18.80.130 USE RESTRICTIONS 18.80.140 PENALTIES 18.80.150 VIOLATIONS 18.80.160 ADMINISTRATION 18.80.170 BOARD OF ADJUSTMENT 18.80.180 FEES 18.80.190 APPLICANT’S RECORDED AFFIDAVIT ACCEPTING MITIGATION RESPONSIBILITIES 18.80.200 AIRPORT OVERLAY ZONING DISTRICTS 18.80.210 ESTABLISHMENT OF AIRPORT OVERLAY ZONING DISTRICTS 18.80.220 ZONING MAP AND DISTRICT BOUNDARIES 18.80.230 AIRPORT OVERLAY ZONING DISTRICT 18.80.240 DEFINITIONS 18.80.010 TITLE This Ordinance shall hereafter be known, cited, or referred to as the Airport Overlay Zoning District (AOZD) of the Southern Wisconsin Regional Airport. 18.80.020 EFFECTIVE DATE This Ordinance shall be effective January 1, 2010, after adoption by the Common Council and publication as provided by law. Amendments to this Ordinance shall be effective after adoption 18.80.030 GENERAL PROVISIONS The Common Council of the City of Janesville do ordain the creation of the Airport Overlay Zoning District (AOZD) Ordinance (hereafter referenced as the Ordinance) of the Southern Wisconsin Regional Airport. 18.80.040 AUTHORITY This Ordinance is adopted pursuant to the authority granted by Sections 114.135 and 114.136 of the Wisconsin State Statutes. Further authorization is granted by Sections 32.05, 59.52, 59.58, 59.69, 60.61, 62.23, 85.02, 85.15, and Chapter 114 of the Wisconsin Statutes, as well as Chapter TRANS 56 of the Wisconsin Administrative Code. 18.80.050 PURPOSE & INTENT A. The general purpose and intent of this Ordinance is to: 1. Promote public health, safety, convenience, and general welfare of the community and its residents; and 2. Protect the Airport approaches and surrounding airspace from encroachment, as well as limit the exposure of impacts to persons and facilities in proximity to the Airport, located within the Southern Wisconsin Regional Airport Overlay Zoning District. B. The specific purpose and intent of this Ordinance is to: 1. Impose land use controls, which are in addition to those underlying zoning classifications, that will maintain a compatible relationship between airport operations and existing and future land uses within the three (3)-mile jurisdictional boundary; 2. Regulate and restrict the height of structures and objects of natural growth, concentrations of people (density), visual obstructions (smoke, steam, dust, etc.), electrical and navigational interference, noise sensitive land uses, and wildlife and bird attractants; 3. Implement recommendations developed in the Southern Wisconsin Regional Airport Master Plan, Airport Land Use Plan, and/or Airport Layout Plans; 4. Promote compatible land uses while respecting the physical characteristics of the County, the Southern Wisconsin Regional Airport, and locations and sites; 5. Promote development in an orderly, planned, cost-effective, and environmentally- sound manner; 6. Regulate and restrict building sites, placement of structures, and land uses by separating conflicting land uses and prohibiting certain land uses that are detrimental to airport operations, navigable airspace, and the Southern Wisconsin Regional Airport; 7. Provide a uniform basis for the preparation, implementation, and administration of sound airport protection regulations for all areas within the three (3)-mile jurisdictional boundary of the Airport Overlay Zoning District within the area to protect the health, safety, and welfare of the County residents; 8. Provide a quality environment for human habitation and for encouraging the most appropriate use of land within the three (3)-mile jurisdictional boundary within the County; and 9. Control placement of buildings, heights of structures and natural vegetation, and designation of land uses to limit conflicts with airport operations, navigable airspace, and provide for the public health, safety, and welfare of County residents located in the vicinity of the Southern Wisconsin Regional Airport. 18.80.060 ABROGATION & GREATER RESTRICTIONS This Ordinance is not intended to repeal, abrogate, annul, impair, or interfere with any existing easements, covenants, or deed restrictions. However, wherever this Ordinance imposes greater restrictions, the provisions of this Ordinance shall govern. 18.80.070 INTERPRETATION In their interpretation and application, the provisions of this Ordinance shall be held to be minimum requirements, shall be liberally construed in favor of City of Janesville, and shall not be deemed a limitation or repeal of any powers granted to the City of Janesville by the Wisconsin Statutes. 18.80.080 SEVERABILITY Each section, paragraph, sentence, clause, word, and provision of this Ordinance is severable. If any provision is adjudged unconstitutional or invalid for any reason, such decision shall not affect the remainder of this Ordinance. 18.80.090 ORDINANCE SUPERCEDES CONFLICTING ORDINANCES All other ordinances or parts of ordinances of the City of Janesville inconsistent or conflicting with the provisions set forth in this Chapter, to the extent of the inconsistency only, are hereby superseded by this Chapter. and publication. 18.80.100 JURISDICTION A. The jurisdiction of this Ordinance shall extend over all lands and waters within the three (3)-mile jurisdictional boundary of the AOZD, as those boundaries now exist and as they are amended in the future. B. The regulations of the AOZD shall apply: 1. To all properties within the three (3)-mile jurisdictional boundary identified by the application of Section 114.136 of the Wisconsin Statutes, measured from the Southern Wisconsin Regional Airport property line, regardless of the municipal boundary. 2. To the properties within Rock County, Town of Beloit, Town of Janesville, Town of La Prairie, Town of Rock, Town of Turtle, and City of Janesville, all of which lie entirely or partially within the three (3)-mile jurisdictional boundary of the AOZD. 3. To the limits represented by five (5) independent zones which are defined in Section 18.80.210 of this Ordinance. 18.80.110 STATE AND LOCAL AGENCIES REGULATED Unless specifically exempted by law, all Cities, Villages, Towns, and Counties are required to comply with this Ordinance and obtain all necessary permits. State agencies are required to comply if Section 13.48(13) of the Wisconsin Statutes, applies. 18.80.120 DISCLAIMER OF LIABILITY The degree of protection provided by this Ordinance relative to aircraft operation and aircraft overflights is considered reasonable for regulatory purposes and is based on Federal Aviation Administration (FAA) Advisory Circular (AC) 150/5300-13, Airport Design Standards and Federal Aviation Regulations (FAR) Part 77, Objects Affecting Navigable Airspace. Therefore, this Ordinance does not imply that land uses within the vicinity of the Southern Wisconsin Regional Airport will be totally free from aircraft noise impacts, aircraft operations, and aircraft overflights. Nor does this Ordinance create liability on the part of, or a cause of action against, the Southern Wisconsin Regional Airport, Rock County, Town of Beloit, Town of Janesville, Town of La Prairie, Town of Rock, Town of Turtle, City of Janesville, or any officer or employee thereof, for incidents that may result from reliance on this Ordinance. 18.80.130 USE RESTRICTIONS Through the use of the Southern Wisconsin Regional Airport Height Zoning Map, heights of structures and features, both man-made and natural growth, shall be limited. The following uses shall also be restricted and regulated as specified within this Ordinance: A. The following specific use restrictions and regulations shall also apply: 1. Existing Uses. Nothing contained in this Ordinance shall require the removal of or any change in the construction, alteration, location, or use of any existing use; this includes the construction, alteration, or use of property or structural improvements lawfully in existence at the time of the effective date of this Ordinance, or which commenced prior to the effective date of this Ordinance, and has been completed or is being diligently pursued. This includes vacant platted lots that were established to accommodate proposed development prior to the effective date of the Ordinance. It is further provided that the height limits of this Ordinance shall in NO event be exceeded. a. Expansion of Existing Uses. Any existing use, as described in this Ordinance, may be expanded, altered, or otherwise enlarged as long as the following requirements are met: 1. The expansion, alteration, or enlargement meets the requirements of the Southern Wisconsin Regional Airport Height Zoning Map, the land use restrictions as provided in Tables 4 – 10 (requiring a Zoning/Building Site Permit and Affidavit (Applicant’s Recorded Affidavit Accepting Mitigation Responsibilities), when specified), and is not otherwise prohibited by the underlying zoning ordinance of the municipality with jurisdictional authority. 2. Expansion of any existing use listed as a Permitted Use in Tables 4 – 10 does NOT require a Zoning/Building Site Permit and Affidavit. b. Substantial Damage. The owner of any existing use, building, or structure which, as a result of fire, explosion, or other casualty is destroyed or substantially damaged, whereby the cost of restoring the structure to its pre-damaged condition would equal or exceed 50 percent of the equalized assessed value of the structure before the damage occurred, shall be allowed to rebuild, reconstruct, or rehabilitate the same existing use on the same parcel, only if the following requirements are met: 1. The existing use is reviewed and complies with the Southern Wisconsin Regional Airport Height Zoning Map, the land use restrictions as provided in Tables 4 – 10 (requiring a Zoning/Building Site Permit and Affidavit (Applicant’s Recorded Affidavit Accepting Mitigation Responsibilities), when specified), and is not otherwise prohibited by the underlying zoning ordinance of the municipality with jurisdictional authority. 2. Permitted Uses are those land uses generally considered compatible within a particular zone of the AOZD. Compatible land uses do NOT impact or create hazardous conditions for aircraft, airport operational areas, or aircraft overflight areas, and are considered reasonably safe for area residents. Permitted Uses, however, shall conform to all Height Restrictions within the AOZD, and may be required by the Committee Designee to ensure height compliance. A Zoning/Building Site Permit and Affidavit (Applicant’s Recorded Affidavit Accepting Mitigation Responsibilities), is NOT required for compliance with THIS Ordinance. This includes expansion of any existing use listed as a Permitted Use in Tables 4 – 10. 3. Permit Required Uses are those land uses that shall be permissible following the issuance of a City of Janesville Zoning/Building Site Permit. The Permit, which may include development and use related conditions, along with a signed Affidavit (Applicant’s Recorded Affidavit Accepting Mitigation Responsibilities), notifies applicants of their responsibilities and required mitigation for any construction, alteration, location or use of land to minimize potential hazardous impacts to the Southern Wisconsin Regional Airport, aircraft, airport operational areas, and aircraft overflight areas, as well as residents of the area. 4. Not Permitted Uses are those land uses generally considered NOT compatible (incompatible) or NOT permitted within a particular zone of the AOZD. Incompatible land uses endanger the health, safety, and welfare of area residents and aircraft utilizing the Southern Wisconsin Regional Airport. 18.80.140 PENALTIES Any person, firm, or corporation who fails to comply with or violates the provisions of this Ordinance shall, upon conviction thereof, forfeit not less than five hundred dollars ($500) and no more than five thousand dollars ($5,000), plus the costs of prosecution, for each violation. Each day a violation exists or continues shall constitute a separate offense. The City of Janesville Citation Ordinance (Chapter 18.28) may also be used to address Ordinance violations. 18.80.150 VIOLATIONS A. It shall be unlawful to construct or use any structure, land, or water in violation of any of the provisions of this Ordinance. In case of any violation, the Community Development Director, and/or his/her designee(s) may institute appropriate action or proceeding to enjoin a violation of this Ordinance or cause structure or use to be vacated or removed. The building official may refer violations to the city attorney who may prosecute such violations according to the penalties provided in Section 18.28.010. B. Any person, firm, corporation, cooperative or other entity of whatsoever kind or nature who violates any provision of this chapter shall pay a forfeiture and shall be otherwise penalized as set forth in Section 18.28.010. C. Each day’s continuance of any violation constitutes a separate violation. D. In addition to and not in lieu of any forfeiture imposed herein, the City may apply for and the court may grant, from time to time, injunctive relief including, but not limited to, abatement and mandatory performance. 18.80.160 ADMINISTRATION A. DESIGNATION. The Common Council hereby designates the Community Development Director (hereinafter referred to as Director) and/or his/her designee(s) to administer and enforce the provisions of this Chapter. In the event of any conflict, the determination or interpretation of the Community Development Director shall prevail. B. RESPONSIBILITIES. The Director is hereby delegated the responsibility and authority to: 1. Approve or conditionally approve Zoning/Building Site Permits that do NOT exceed required height restrictions; 2. Advise applicants of the provisions of this Ordinance and assist them in preparing permit applications and appeals; 3. issue permits and inspect any building site or improvement or use of land as required by this Ordinance; 4. investigate and issue Citations for violations of this Ordinance; 5. maintain records of approvals, denials, conditions of approvals, and inspections made, and maintain a complete public record of all proceedings; 6. maintain on file a list of all documentation of certified elevations; and 7. review and make recommendations to the County Board of Supervisors on all zoning map changes and amendments to the text of Land Control Ordinances, including the Airport Overlay Zoning District Ordinance; and C. POWERS. The Director shall have all the powers necessary to enforce the provisions of this Ordinance without limitation by reason of enumeration, including the following: 1. To require complete and accurate information necessary to make reasonable evaluations of applications; 2. to hear and grant applications for unclassified and unspecified uses, provided that such uses are similar in character to the principal uses permitted in the district; and 3. to hear and grant applications for temporary uses in any district, provided that such uses are of a temporary nature, do NOT involve the erection of a substantial structure(s), and are compatible with neighboring uses. The permit shall be temporary, revocable, subject to any conditions required by the Director and shall be issued for a period not to exceed twelve (12) months. Compliance with all other provisions of this Ordinance shall be required. D. ZONING/BUILDING SITE PERMIT. When required by this Ordinance, a Zoning/Building Site Permit (valid for one (1) year) shall be obtained from the Director and/or his/her designee before the removal of or any change in the construction, alteration, location, or use of any existing use or proposed use. In all cases, the height limits of this Ordinance shall NOT be exceeded. The Zoning/Building Site Permit (for Permit Required Uses or for Existing Uses when specified), which may include development and use related conditions, along with a signed Affidavit (Applicant’s Recorded Affidavit Accepting Mitigation Responsibilities), notifies applicants of their responsibilities and required mitigation for any construction, alteration, location or use of land to minimize potential hazardous impacts to the Southern Wisconsin Regional Airport, aircraft, airport operational areas, and aircraft overflight areas, as well as residents of the area. Failure to obtain a Zoning/Building Site Permit when required, shall be a violation of this Ordinance. Application for a permit shall be made to the Director and/or his/her designee upon furnished application forms and shall include the following data: 1. Name and address of the applicant, property owner, and contractor- builder; an accurate properly dimensioned map of the property, in duplicate showing; 2. legal description of the property, the type of proposed use, and an indication as to whether new construction or a modification to an existing structure is involved; 3. a description of the proposed land use and building materials and landscaping materials; 4. when the Director deems necessary, the elevation of the highest point of the structure, object, or natural vegetation using National Geodetic and Vertical Datum when locating within the individual zone of the AOZD, including existing ground elevations reporting in Mean Sea Level (MSL), height of the structure or object above ground measured in feet (AGL), and top elevation measured in MSL; 5. when the Director deems necessary, evidence of submission for a Federal Aviation Administration (FAA) Form 7460-1, Notification of Proposed Construction or Alteration, commonly known as an “airspace review”. Receipt of final determination letter from the FAA is required prior to final approval or denial of a Zoning/Building Site Permit (as required for Permit Required Uses or for Existing Uses when specified); 6. applicant’s affidavit accepting mitigation responsibilities to ensure that any use, construction or alteration of such use is compatible with this Ordinance; and 7. OTHER PERMITS. It is the responsibility of the applicant to secure all other necessary permits from all appropriate federal, state, and local agencies. E. APPLICATION INFORMATION. In order to secure evidence upon which to base its determination, the Director may require, in addition to the information required on Permit Application, the submission of plans of buildings; arrangement of operations; plat of grounds showing location and elevation of buildings, stockpiles, wells, septic systems, equipment storage, fences or screens, parking areas, traffic access, fill areas, flood proofing measures, landscaping; and any other pertinent information that may be necessary to determine if the proposed use meets the requirements of this Ordinance. 1. Plans drawn to a scale of not less than one (1) inch equals two hundred (200) feet showing the location, dimensions, elevations, and contours of the site; elevations of all pertinent structures, fill, or storage areas; size, location, and spatial arrangements of all proposed and existing structures on the site; location and elevations of streets, water supply, and sanitary facilities; and the relationship of the above to the Southern Wisconsin Regional Airport, as well as a particular zone(s) of the AOZD. F. STANDARDS APPLICABLE TO ALL PERMIT REQUIRED USES WITHIN THE AIRPORT OVERLAY ZONING DISTRICT. Upon reviewing a Zoning/Building Site Permit application in the AOZD, the Director shall consider the factors listed below. In addition, the Director is not authorized to allow any use to exceed a height limitation in the AOZD. 1. Potential to create an undue concentration of people (density); 2. potential to cause visual obstructions (through the creation of smoke, steam, dust, lighting or other unspecified obstruction) that would adversely effect aircraft operational areas and airspace, and specifically the proximity to runway ends, runway surfaces and extended runway centerlines; 3. potential for noise sensitivity, and when necessary, ensuring building construction that reduces airport related noises for proposed uses; 4. creation of electrical or navigational interference; 5. creation of standing water areas or detention/retention ponds which may attract wildlife, thus designing or mitigating standing water areas or detention/retention ponds to avoid attracting wildlife; 6. creation of wildlife attractants other than water; 7. potential storage of flammable or hazardous materials limits as defined by the Wisconsin Commercial Building Code; 8. at the owner's expense, the technical expertise of a professional surveyor and/or engineer to determine exact locations and elevations. This may be done to confirm the accuracy of information supplied by the applicant. G. CONDITIONS OF APPROVAL. Upon consideration of the factors listed above, the Director may deny or approve the issuance of a Zoning/Building Site Permit; any approval may require attached conditions the Committee Designee deems necessary in furthering the purpose of this Ordinance. Violation of any of these conditions shall be deemed a violation of this Ordinance. H. APPEALING DECISIONS OF THE DIRECTOR. If the Director and/or his/her designee denies or conditionally approves a Zoning/Building Site Permit and the applicant disagrees with such decision, the applicant may appeal such denial or condition to the Plan Commission. Such an appeal shall be signed and filed in writing with the Community Development Department within thirty (30) days following the Committee Designee’s determination or be forever barred. The Plan Commission may affirm, overrule or modify a decision of the Director and/or his/her designee. 18.80.170 BOARD OF ADJUSTMENT There is hereby established a Zoning Board of Appeals pursuant to Section 62.23(7) of the Wisconsin Statutes. As prescribed, City Ordinance 18.24 – Procedures for the Zoning Board of Appeals, are hereby referenced and made part of this Ordinance. A. Any person, office, or department aggrieved by an order, requirement, interpretation, or determination made by the Director and/or his/her designee may appeal such decision to the City of Janesville Board of Appeals for final judgment. B. Use variances shall not be granted under the Ordinance. C. Height variances shall not be granted under this Ordinance. D. Where the Zoning Board of Appeals finds that unnecessary hardships or practical difficulty will result from strict compliance with these regulations, they may approve variances so that substantial justice may be done and the public interest is secured. Such variance shall not have the effect of nullifying the intent and purpose of these regulations. The Board of Appeals shall not approve variances unless it shall make findings based upon the evidence presented to it in each specific case that: 1. The proposed variance request is not contrary to the public interest and is consistent with the intent of applicable ordinances and will not compromise public safety and welfare (will not hinder airport operations and/or future growth of the Southern Wisconsin Regional Airport); 2. the proposed variance will not serve as a special privilege and is justified based on special conditions on the property, which are not shared by other properties in the same locality or district (for example, lot shape, elevation or topography); 3. a strict and literal interpretation of the Ordinance will result in a practical difficulty and unnecessary hardship on the property owner (hardship shall be distinguished from inconvenience); 4. the variance is not requested because of a self-imposed hardship; 5. shall not be granted solely on the basis of economic gain or loss; and 6. shall not be granted for actions which require an amendment to this Ordinance or the Map(s) described in any Section of this Ordinance. E. CONDITIONS. In approving variances, the Zoning Board of Appeals may require conditions that will, in its judgment, substantially secure the objectives of the standards or requirements of these regulations. F. PROCEDURES. An appeal or an application for a variance shall be submitted to the Zoning Board of Appeals within thirty (30) days of the action of the Director and/or his/her Designee. G. In all cases, the person contesting the location of the district boundary shall be given a reasonable opportunity to present arguments and technical evidence to the Board of Appeals. Where it is determined that the district boundary is incorrectly mapped, the Board should either inform the Director to proceed to petition Rock County or inform the person contesting the location of the boundary to petition Rock County, for a map amendment pursuant to Chapter 29 of the Rock County Code of Ordinances. 18.80.180 FEES A. At the time of application, the property owner or his/her agent shall pay the fees established pursuant to Section 18.24.090 – Fee Schedule. 18.80.190 APPLICANT’S RECORDED AFFIDAVIT ACCEPTING MITIGATION RESPONSIBILITIES For all Permit Required Uses or for Existing Uses when specified, the following information shall be noticed to each applicant indicating the responsibilities of the applicant to mitigate any construction, alteration, location or use of land to minimize potential hazardous impacts to the Southern Wisconsin Regional Airport, aircraft, airport operational areas, and aircraft overflight areas, as well as area residents. Failure of applicant to mitigate potential hazardous impacts shall be a violation of the terms and requirement of this Ordinance. A signed and accepted Affidavit must be recorded in the Rock County Register of Deeds. Permitted Uses under this Ordinance are NOT required to secure a Zoning/Building Site Permit or Affidavit. Those potential impacting issues are listed below: A. SITE DESIGN AND PHYSICAL CHARACTERISTICS 1. Existing topography, drainage patterns, and vegetative cover and the suitability of the proposed use in that regard. 2. Proximity of runway environs and extended runway centerline areas. 3. Location of any linear roadways, relative to the alignment of the runway or the extended runway centerline. B. NOISE SENSITIVITY 1. Insulate the structure/land use to reduce noise impacts. 2. Use airport compatible landscaping material to mitigate noise exposure. 3. Shift the structure or land use to allow for a more compatible location. C. TALL STRUCTURES 1. Lower the structure or land use to a compatible height. 2. Shift the structure or land use to allow for a more compatible location. D. VISUAL OBSTRUCTIONS 1. Install down shielded light fixtures. 2. Reduce the number of lighting fixtures, while still illuminating the land use area safely. 3. Configure lighting so it does not align with a runway or airport facility, making it easier for a pilot to distinguish the Airport from the development. 4. Limit reflective building materials, such as mirrored/reflective glass, solar panels, metal roofs, etc., within the vicinity of the Airport. 5. Locate areas of water away from the Airport to minimize reflection. 6. Shift the structure or land use within the site so that prevailing wind directions carry smoke, steam, or dust away from the Airport. 7. Change land use activity to reduce or limit emissions of smoke, steam, or dust. E. WILDLIFE AND BIRD ATTRACTANTS 1. Select and space vegetative species to minimize habitats and food sources. 2. Maintain appropriate grass lengths to minimize wildlife attractants. 3. Prohibit certain agricultural crops near the Airport. 4. Eliminate or mitigate standing water bodies that provide water and habitat. 5. Use repellents to disperse wildlife in a humane manner. 18.80.200 AIRPORT OVERLAY ZONING DISTRICTS A. AIRPORT OVERLAY ZONING DISTRICT. All Southern Wisconsin Regional Airport Overlay Zoning Districts established by this Ordinance are shown on the Southern Wisconsin Regional Airport Overlay Zoning District Map on file with the County Planning and Development Agency and Janesville Community Development Department and are adopted as part of this Ordinance. B. AIRPORT HEIGHT ZONING DISTRICT. All height zones established by this Ordinance are shown on the Southern Wisconsin Regional Airport Height Zoning Map on file with the County Planning and Development Agency and Janesville Community Development Department and are adopted as part of this Ordinance. 1. Height Limitations. No building, structure, object, or vegetation (e.g. trees, shrubs) shall be constructed, erected, altered, allowed to grow, or planted within any AOZD established by this Ordinance to a height in excess of the applicable height limitations as shown on the Southern Wisconsin Regional Airport Height Zoning Map, which is maintained by the County Planning and Development Agency and also kept on file in the Janesville Community Development Department. The permitted height shall not exceed the height limitation elevations shown on the Southern Wisconsin Regional Airport Height Zoning Map within the various zones encompassed by this Ordinance. 18.80.210 ESTABLISHMENT OF AIRPORT OVERLAY ZONING DISTRICTS For the purpose of this Ordinance, the area of Rock County under the jurisdiction of this Ordinance is hereby divided into the following districts and zones: A. Airport Overlay Zoning District ?Zone A – Runway Protection Zone (RPZ) ?Zone B1 – Approach Surface ?Zone B2 – Approach Surface ?Zone C – Transitional Surface ?Zone D –Three (3)-Mile Jurisdictional Boundary B. Airport Height Zoning District 18.80.220 ZONING MAP AND DISTRICT BOUNDARIES A. The boundaries of each district are established as shown on a map entitled Southern Wisconsin Regional Airport Overlay Zoning District Map, Rock County, Wisconsin, dated April 23, 2009 and the Height Restrictions are established on a map entitled Southern Wisconsin Regional Airport Height Zoning Map, Rock County, Wisconsin, dated December 11, 2003 as amended and adopted on April 23, 2009 by the Rock County Board of Supervisors. The Southern Wisconsin Regional Airport Overlay Zoning District Map and Southern Wisconsin Regional Airport Height Zoning Map bear the signature of the County Board Chairman attested by the County Clerk and shall be on file in the County Planning and Development Agency and Janesville Community Development Department be readily available to the public. B. The AOZD, as presented in this Section, has been created for the purpose of imposing special regulations in designated areas of Rock County to accomplish specific purposes that are set forth within each individual AOZD. The AOZD shall be in addition to, and shall overlap and overlay, all other zoning districts within the three (3)-mile jurisdictional boundary of the Southern Wisconsin Regional Airport. 1. The Southern Wisconsin Regional Airport Height Zoning Map dated December 11, 2003, as amended, accompanies and is made part of this Ordinance. The elevation numbers indicated within each cell are established as shown on a map entitled “Southern Wisconsin Regional Airport Height Zoning Map, Rock County Wisconsin,” dated December 11, 2003 as amended. Cell elevation numbers indicated on this Map provide the maximum permissible height above mean sea level (MSL), which buildings, structures, objects, or vegetation in that cell shall NOT exceed. The provisions of the AOZD within this Ordinance shall apply to all cell areas indicated on this Map. 2. The Airport Overlay Zoning Districts are established as shown on the Airport Overlay Zoning District Map entitled “Southern Wisconsin Regional Airport Overlay Zoning District Map, Rock County, Wisconsin,” dated April 23, 2009 as amended. This Airport Overlay Zoning District Map is to be used in conjunction with the Southern Wisconsin Regional Airport Height Zoning Map, and is made part of this Ordinance. Federal Aviation Regulations (FAR) Part 77 Surfaces and FAA Runway Protection Zones (RPZs) have been utilized to create five individual zones as part of the AOZD associated with compatible land use near the Southern Wisconsin Regional Airport. These districts encompass a three (3)-mile radius from the Southern Wisconsin Regional Airport property line, as authorized by Wisconsin Statutes. 18.80.230 AIRPORT OVERLAY ZONING DISTRICT A. PURPOSE OF AIRPORT OVERLAY ZONING DISTRICT. The purpose of the AOZD is to provide a means of attaining the goals and objectives of the Rock County Comprehensive Plan and the Southern Wisconsin Regional Airport Master Plan, Airport Land Use Plan, and/or Airport Layout Plans, and to protect a public airport from incompatible uses of land, people, and property from encroaching into areas where historical and practical experience indicates that conflict will result. B. AIRPORT LAND USE ZONES. The AOZD is comprised of five individual zones, which include A, B1, B2, C, and D. C. ZONES ENFORCED BY THIS ORDINANCE 1. PRIMARY SURFACE. The primary surface is the only FAR Part 77 Surface that is not specifically used as a land use compatibility zone due to its proximity to the runway environs. This surface area must be owned and under the control of the Airport. The primary surface must be clear of all obstructions except those fixed by their function, such as runway edge lights, navigational aids, or airport signage. The primary surface is currently controlled by the Southern Wisconsin Regional Airport. Even though the primary surface is not included as a land use zone, it functions as an important safety area since it is longitudinally centered on a runway and is intended to provide an Object Free Area (OFA) around the runway surface. When a runway has a prepared hard surface, such as those at the Airport, the primary surface will extend two hundred (200) feet beyond each individual runway end. The following primary surface widths are applied to the specific Airport runways: ?Runway 14/32 - 1,000 feet ?Runway 04/22 - 1,000 feet ?Runway 18/36 - 250 feet Table 1,Figure1, Figure 2 and depict various dimensional requirements for the primary surface and other FAR Part 77 Surfaces. A visual approach runway has relatively small surfaces, with approach and horizontal surfaces extending five thousand (5,000) feet from the primary surface at an approach slope of twenty feet horizontally for each one foot vertically (20:1). For a non-precision approach runway, both the approach and horizontal surfaces extend either five thousand (5,000) or ten thousand (10,000) feet from the primary surface, depending on the design category of the runway. The approach surfaces for precision approach runways are similar to those for non-precision approach runways, except that the approach surface extends fifty thousand (50,000) feet from the primary surface and the horizontal surface extends ten thousand (10,000) feet from the primary surface. 2. ZONE A – RUNWAY PROTECTION ZONE (RPZ). The dimensional standards for Zone A are the same as those described in FAA AC Table 2 150/5300-13, Airport Design Standards and are illustrated in and Figure 3 . 3. ZONE B – APPROACH SURFACE. Zone B is a critical overlay zoning surface that reflects the approach and departure areas for each runway at the Airport. The size of Zone B is the combination of Zone B1 and B2 and is predicated on the approach type (visual, non-precision, or precision) at a specific runway and the type/size of aircraft utilizing the Table 3Figure 4 runway, as illustrated in and . A portion of Zone B1 is superseded by Zone A because the approach surface and RPZ overlap the entire length of the RPZ. Consequently, the length of Zone B1 begins at the inner edge of the RPZ and continues to one-half (1/2) the length of the approach surface beyond Zone A. Zone B2 is also equal to one-half (1/2) the length of Zone B, beyond Zone B1, and is located at the outer edge of the zone. 4. ZONE C – TRANSITIONAL SURFACE. The areas within Zone C are those that extend one thousand fifty (1,050) feet outward from the edge of the primary surface, paralleling the runway and extended runway centerline with Zone B1, to a length equal to the outer edge of Zone A Table 3Figure 4 and then squared to meet Zone A, as shown in the and . 5. ZONE D – THREE (3)-MILE JURISDICTIONAL BOUNDARY. Zone D encompasses the horizontal (innermost area) and conical Surface (outermost area) of the FAR Part 77 Surfaces, all of which represent the three (3)-mile jurisdictional boundary, as provided for within Wisconsin Table 3Figure 4) Statutes ( and . Zone D is calculated by intersecting a series of three (3)-mile arcs drawn from the outermost property boundaries of the Airport. Table 1 Southern Wisconsin Regional Airport Runway Information Runway Length Runway Width FAR Part 77 Runways (feet) (feet) Classifications 14 B(D) 7,300 150 32 PIR 04 PIR 6,701 150 22 B(D) 18 A(V) 5,000 75 36 A(V) A(V) – Utility and visual runway. A utility runway is constructed and intended for use by propeller-driven aircraft with maximum gross weight of 12,500 pounds or less. A visual runway is intended for the operation of aircraft using solely visual approach procedures, with no straight-in instrument approach procedure. B(D) – Non-utility and non-precision instrument runway. A non-utility runway is constructed and intended for use by aircraft with a maximum gross weight greater than 12,500 pounds. A non-precision instrument runway has an existing instrument approach procedure that utilizes air navigation facilities with only horizontal guidance, or area type navigation equipment, for which a straight-in non-precision instrument approach procedure has been approved. PIR – Precision instrument runway has an existing instrument approach procedure that utilizes an Instrument Landing System (ILS) or a Precision Approach Radar (PAR). Source: FAR Part 77 Object Affecting Navigable Airspace Figure 1 FAR Part 77 Surfaces – Plan view Source: FAR Part 77 Object Affecting Navigable Airspace Figure 2 FAR Part 77 Surfaces – 3D Isometric View of Section A Source: FAR Part 77 Object Affecting Navigable Airspace Table 2 Airport Overlay Zone A Dimensional Requirements Dimensions Approach Visibility Length Inner Width Outer Width Runway Ends RPZ Minimums 1 LWW feet feet feet 12 acres (meters) (meters) (meters) Not lower than 1,700 1,000 1,510 14 ¾-mile (1,200m), 48.978 (510) (300) (453) all aircraft Lower than ¾-mile 2,500 1,000 1,750 32 78.914 (1,200m), all aircraft (750) (300) (525) Lower than ¾-mile 2,500 1,000 1,750 04 78.914 (1,200m), all aircraft (750) (300) (525) Not lower than 1,700 1,000 1,510 22 ¾-mile (1,200m), 48.978 (510) (300) (453) all aircraft Visual and not lower 1,000 250 450 18 than 1-mile (1,600m), 8.035 (300) (75) (135) small aircraft Visual and not lower 1,000 250 450 36 than 1-mile (1,600m), 8.035 (300) (75) (135) small aircraft 1 The RPZ dimensional standards are for the runway end with the specified approach visibility minimums. The departure RPZ dimensional standards are equal to or less than the approach RPZ dimensional standards. When an RPZ begins other than 200 feet (60m) beyond the runway end, separate approach and departure RPZs should be provided. Refer to FAA AC 150/5300-13, Change 11, Appendix 14 for approach and departure RPZs. Source: Southern Wisconsin Regional Airport, Airport Layout Plan, and information from FAA AC 150/5300-13, Change 11, Airport Design Standards Figure 3 Airport Overlay Zone A Runway Protection Zone (RPZ) Diagram Source: FAA AC 150/5300-13, Change 11, Airport Design Standards Table 3 Airport Overlay Zones B1, B2, C, and D Dimensional Requirements Dimensions in Figure 2 Runway Dimensional Standards (Feet) Item 14 32 04 22 18 36 Primary surface width 1 1,000 1,000 1,000 1,000 250 250 Zone B1 and inner width Zone B2 2 end width 4,000 16,000 16,000 4,000 1,250 1,250 Combination of 3 10,000 10,000 10,000 10,000 5,000 5,000 Zone B1 and B2 1 length Zone C 4 width 1,050 1,050 1,050 1,050 1,050 1,050 Zone D 2 5 length 15,840 15,840 15,840 15,840 15,840 15,840 1 Length of B1 and B2 begin at the edge of the primary surface. Area of B1 is located under Zone A and is superseded by Zone A requirements. 2 Zone D is located using a 3-mile radius from the outermost property limits of the Airport and drawing a smoothed curve to connect these surfaces Source: Mead & Hunt Figure 4 Airport Overlay Zones B1, B2, C, and D Diagram D. SOUTHERN WISCONSIN REGIONAL AIRPORT OVERLAY ZONING DISTRICT MAPS. The boundary of the AOZD shall extend three (3)-miles beyond the Airport property line. The AOZD utilizes two (2) maps which bear the signature of the County Board Chairman attested by the County Clerk and shall be on file in the office of the County Planning and Development Agency. 1. Southern Wisconsin Regional Airport Height Zoning Map dated December 11, 2003 as amended, accompanies this Ordinance and illustrates the allowable heights for structures, objects, and natural vegetation. NO trees shall be allowed, nor shall any structure be constructed, altered, located, or permitted which exceeds the height limitations indicated on the Southern Wisconsin Regional Airport Height Zoning Map. The maximum height elevations, measured above mean sea level (MSL), on said map are shown by topographic lines depicted in relationship to section lines and land subdivision lines on said map. 2. Southern Wisconsin Regional Airport Overlay Zoning District Map dated April 23, 2009 accompanies this Ordinance and illustrates the allowable land uses within a particular zone of the AOZD. NO land use should be allowed nor shall any structure be constructed, altered, located, or permitted which encroaches upon the Southern Wisconsin Regional Airport creating hazards for aircraft, airport operational area, and aircraft overflight areas, as well as area citizens. The particular zones of the AOZD are illustrated on the Southern Wisconsin Regional Airport Overlay Zoning District Map. E. EXCEPTIONS. The restrictions contained in this Section shall not apply to legal fences when located outside the Southern Wisconsin Regional Airport property lines. F. HAZARD MARKING AND LIGHTING. Any permit may, if such action is deemed advisable by the Community Development Director and the FAA, require the owner of a structure or tree(s) to install, operate, and maintain thereon such markers, lights, and navigational aids as may be necessary to indicate to the fliers the presence of an airport hazard, at the owner’s expense. G. PROHIBITED USES IN THE AIRPORT OVERLAY ZONING DISTRICT. 1. Any use that would exceed the Height Restrictions of the AOZD. 2. No overhead electric, telephone, telegraph, or cable lines shall be erected within Zone A. H. LAND USE AIRPORT ZONE CHARTS & RESTRICTIONS. Tables 4 through 10 shall be utilized for determination of any land use within this AOZD. No construction, alteration, location or use of land shall be inconsistent with the required AOZD as outlined in Tables 4 through 10. Table 4 Residential Activities Southern Wisconsin Regional Airport Land Use Airport Zone Chart E = Existing Land Use (Development or land use currently on the ground) F = Future Land Use (Proposed future development or land use) PPR RNN = ermitted** = Permit equired* = ot Permitted *Permit Required use in a location sensitive to the intent of this Ordinance, requiring the Committee Designee’s detailed attention and caution when considering conditions for a Zoning Building/Site Permit **Pendingheight restriction compliance Zone Zone Zone Zone Zone Land Uses AB1B2CD Residential Activities E F E F E F E F E F Single-Family Uses (1 dwelling per lot) Detached Single Family Dwelling (e.g. farm dwelling, detached single R N P R P R R N P P family house, or manufactured, modular, mobile home if converted to real property and taxed) Detached Zero Lot Line Dwelling R N P R P R R N P P (e.g. condominium) Attached Single Family Dwelling R N P R P R R N P P (e.g. townhouse) Two Family Uses R N P R P R R N P P (e.g. two principal dwelling units within one building on the same parcel) Multi-Family Uses (Three or more principal dwelling units within a single building on the same parcel) (e.g. apartment, condominium, townhouse-style) R N P R P R R N P P Low-Rise (2 to 3 Levels) R N P R P R R N P P Mid-Rise (4 to12 Levels) R N P N P R R N P P High-Rise (13+ Levels) Group Living Uses (e.g. assisted living, group care, independent group living, nursing and convalescent home) Residential Group Living Units R N P R P R R N P P (1 dwelling per lot) Commercial Group Living Units (e.g. apartment style dwelling unit) R N P R P R R N P P Low-Rise (2 to 3 Levels) R N P R P R R N P P Mid-Rise (4 to12 Levels) R N P N P R R N P P High-Rise (13+ Levels) Manufactured Housing Parks R N P R P R R N P P Table 5 Commercial Activities Southern Wisconsin Regional Airport Land Use Airport Zone Chart E = Existing Land Use (Development or land use currently on the ground) F = Future Land Use (Proposed future development or land use) PPR RNN = ermitted** = Permit equired* = ot Permitted *Permit Required use in a location sensitive to the intent of this Ordinance, requiring the Committee Designee’s detailed attention and caution when considering conditions for a Zoning Building/Site Permit **Pendingheight restriction compliance Zone Zone Zone Zone Zone Land Uses AB1B2CD Commercial Activities E F E F E F E F E F Casino R N R N R R R N P P Eating and Drinking Establishments (e.g. restaurant, cafe, coffee shop, fast R N P R P R R R P P food restaurant, bar, nightclub, tavern, cocktail lounge) General Office (e.g. professional, business, financial, governmental) R N P R P P R R P P Low-Rise (2 to 3 Levels) R N P R P R R N P P Mid-Rise (4 to12 Levels) R N R N R R R N P P High-Rise (13+ Levels) Hospitality-Oriented (e.g. hotel, motel, convention center, meeting hall, event facility) R N P R P P R R P P Low-Rise (2 to 3 Levels) R N P R P P R N P P Mid-Rise (4 to12 Levels) R N P N P R R N P P High-Rise (13+ Levels) Medical/Dental Office (e.g. medical, dental, chiropractic, physical therapy) R N P R P P R R P P Low-Rise (2 to 3 Levels) R N P R P R R N P P Mid-Rise (4 to12 Levels) R N R N R R R N P P High-Rise (13+ Levels) Outdoor Storage and Display-Oriented (e.g. outdoor storage-lumber yard, R N P R P R R R P P vehicles sale, landscape material and nursery product sale, or farm supply equipment sale) Table 5 Commercial Activities (Continued) Southern Wisconsin Regional Airport Land Use Airport Zone Chart E = Existing Land Use (Development or land use currently on the ground) F = Future Land Use (Proposed future development or land use) PPR RNN = ermitted** = Permit equired* = ot Permitted *Permit Required use in a location sensitive to the intent of this Ordinance, requiring the Committee Designee’s detailed attention and caution when considering conditions for a Zoning Building/Site Permit **Pendingheight restriction compliance Zone Zone Zone Zone Zone Land Uses AB1B2CD Commercial Activities (Continued) E F E F E F E F E F Personal Service-Oriented (e.g. retail service, banking facility, R N P R P P R R P P laundromat, dry cleaning, quick printing service, beauty salon, tanning salon, funeral home) Quick Vehicle Servicing Uses R N P R P R R N P P (e.g. full-serve/mini-serve gas station, unattended card key service station) Repair-Oriented R N P R P P R R P P (e.g. consumer goods-electronic, office equipment, appliance) Retail Uses (e.g. sale, lease, or rent of new or used products) Small Sales-Oriented (e.g. appliance, convenience store, R N P R P P R R P P bakery, electronic, furniture, garden supply, grocery, hardware, video) Large Sales-Oriented R N P R P R R R P P (e.g. big box store, mall, strip mall) Surface Passenger Services R N P R P R R R P P (e.g. passenger terminal for buses, rail service, local taxi, limousine service) Vehicle Repair Uses R N P R P R R R P P (e.g. vehicle repair or service shop, alignment shop, tire sale) Table 6 Industrial/Manufacturing Activities Southern Wisconsin Regional Airport Land Use Airport Zone Chart E = Existing Land Use (Development or land use currently on the ground) F = Future Land Use (Proposed future development or land use) PPR RNN = ermitted** = Permit equired* = ot Permitted *Permit Required use in a location sensitive to the intent of this Ordinance, requiring the Committee Designee’s detailed attention and caution when considering conditions for a Zoning Building/Site Permit **Pendingheight restriction compliance Zone Zone Zone Zone Zone Land Uses AB1B2CD Industrial/Manufacturing Activities E F E F E F E F E F Industrial Service Uses (e.g. machine shop, tool repair, towing and vehicle storage, building supply yard, R N P R P P R R P P heating/plumbing/electrical contractor, exterminator, janitorial service, fuel oil distributor, solid fuel yard) Manufacturing and Production Uses (e.g. manufacturing, processing, fabrication, packaging or assembly of goods) Technical/Light Manufacturing (e.g. electrical components, engineering, R N P R P P R R P P scientific and research office, optical, computer hardware/software, publishing, pharmaceuticals, printing/photo facility,) General Manufacturing (e.g. manufacturing, compounding, R N P R P P R R P P assembling or treatment of most articles, materials, or merchandise) Heavy Manufacturing (e.g. concrete and asphalt plant, R N R N R R R N P P meat packing plant, wet corn milling, manufacturing of animal feed, paper or paperboard mill, ethanol plant) Mining and Extraction Uses R N R N R N R N P P Salvage Operations (e.g. collect, store, and dismantle R N P R P R R N P P damaged or discarded vehicles, machinery, appliances, building material) Self-Service Storage Uses R N P R P P R R P P (e.g. mini-warehouse, storage facility) Table 6 Industrial/Manufacturing Activities (Continued) Southern Wisconsin Regional Airport Land Use Airport Zone Chart E = Existing Land Use (Development or land use currently on the ground) F = Future Land Use (Proposed future development or land use) PPR RNN = ermitted** = Permit equired* = ot Permitted *Permit Required use in a location sensitive to the intent of this Ordinance, requiring the Committee Designee’s detailed attention and caution when considering conditions for a Zoning Building/Site Permit **Pendingheight restriction compliance Zone Zone Zone Zone Zone Land Uses AB1B2CD Industrial/Manufacturing Activities (Continued) E F E F E F E F E F Warehouse and Freight Uses (e.g. major wholesale distribution R N P R P P R R P P center, general freight storage, railroad switching yard, bus or rail car storage lot, parcel service, grain terminal) Waste-Related Uses (e.g. recycling center, sanitary landfill, waste transfer station, composting, R N P N P N R N P R energy recovery plant, sanitary or water treatment facility, sanitary collection or pumping facility, hazardous waste collection site) Wholesale Sales Uses (e.g. sale, lease, or rental of products R N P R P P R R P P to retailers for industrial, institutional, or commercial business users) Table 7 Institutional Activities Southern Wisconsin Regional Airport Land Use Airport Zone Chart E = Existing Land Use (Development or land use currently on the ground) F = Future Land Use (Proposed future development or land use) PPR RNN = ermitted** = Permit equired* = ot Permitted *Permit Required use in a location sensitive to the intent of this Ordinance, requiring the Committee Designee’s detailed attention and caution when considering conditions for a Zoning Building/Site Permit **Pendingheight restriction compliance Zone Zone Zone Zone Zone Land Uses AB1B2CD Institutional Activities E F E F E F E F E F College and Universities R N R N P R R N P R (e.g. public or private college or university, technical college, seminary) Community Service Uses (e.g. public, nonprofit, or charitable nature providing a local service to the people) General Community Service (e.g. library, museum, transit center, R N R N P R R R P R senior/community/neighborhood center, police/fire/EMS station, park and ride facility) Community Service-Shelter R N R R P R R R P R (e.g. transient housing) Daycare Uses (e.g. childcare center, adult daycare, preschool, after school program) Residential Daycare Uses R N R R P R R N P P (e.g. in-home adult/child daycare facility) Institutional Daycare Uses R N R N P R R N P R (e.g. childcare center, preschool, after school program, adult daycare) Detention Facilities R N R N P R R N P R (e.g. prison, jail, probation center, halfway house, juvenile detention home) Educational Facilities General Educational Facilities (e.g. public and private elementary, R N R N P R R N P R middle, junior, and senior high school including religious, boarding, military) Specialized Education Facilities (e.g. specialized trade, business, or R N R N P R R R P R commercial courses, non-degree granting school) Hospitals R N R N P R R N P R (e.g. hospital and medical center) Religious Assembly Uses R N R N P R R N P R (e.g. church, temple, mosque, Masonic, synagogue, eagles/moose/elk lodge) Table 8 Infrastructure Activities Southern Wisconsin Regional Airport Land Use Airport Zone Chart E = Existing Land Use (Development or land use currently on the ground) F = Future Land Use (Proposed future development or land use) PPR RNN = ermitted** = Permit equired* = ot Permitted *Permit Required use in a location sensitive to the intent of this Ordinance, requiring the Committee Designee’s detailed attention and caution when considering conditions for a Zoning Building/Site Permit **Pendingheight restriction compliance Zone Zone Zone Zone Zone Land Uses AB1B2CD Infrastructure Activities E F E F E F E F E F Basic Utility Uses R N R R R R R R P R (e.g. utility or electrical substation) Communication Transmission Facility Uses R N R N R R R N P R (e.g. broadcast, wireless, point to point, or emergency tower and antennae) Parking Uses R R P P P P P P P P (e.g. ground lot, parking structure) Transportation Uses R R P P P P P P P P (e.g. local or county road, highway, interstate) Utility Uses R N R N R R R N P R (e.g. wind generator, wind farm, solar power generation equipment) R N R N R R R N P R Water Tower Table 9 Agriculture and Open Space Activities Southern Wisconsin Regional Airport Land Use Airport Zone Chart E = Existing Land Use (Development or land use currently on the ground) F = Future Land Use (Proposed future development or land use) PPR RNN = ermitted** = Permit equired* = ot Permitted *Permit Required use in a location sensitive to the intent of this Ordinance, requiring the Committee Designee’s detailed attention and caution when considering conditions for a Zoning Building/Site Permit **Pendingheight restriction compliance Zone Zone Zone Zone Zone Land Uses AB1B2CD Agriculture and Open Space Activities E F E F E F E F E F Agricultural Uses (e.g. commercial cultivation of plants, livestock production) Animal-related R R P P P P P P P P (e.g. livestock , dairy , horse farm) Facility-related (e.g. fuel bulk storage or pumping facility, R N R N P R R N P R grain elevator, or livestock, seed, grain sales) Plant-related R R P P P P P P P P (e.g. crop farming, vegetable, fruit, tree, wholesale plant nursery) Resident-related R N P R P R R N P P (e.g. single-family home or mobile home if converted to real property and taxed) Water Bodies Man-made resources (e.g. mining or extraction pond, stand R N P R P R R N P R alone retention or detention pond, or wetland mitigation site) Wildlife Preservation Areas R N R N P R R N P P (e.g. petting zoo, wildlife rehabilitation center, zoo) Table 10 Parks and Recreation Activities Southern Wisconsin Regional Airport Land Use Airport Zone Chart E = Existing Land Use (Development or land use currently on the ground) F = Future Land Use (Proposed future development or land use) PPR RNN = ermitted** = Permit equired* = ot Permitted *Permit Required use in a location sensitive to the intent of this Ordinance, requiring the Committee Designee’s detailed attention and caution when considering conditions for a Zoning Building/Site Permit **Pendingheight restriction compliance Zone Zone Zone Zone Zone Land Uses AB1B2CD Parks and Recreation Activities E F E F E F E F E F Commercial Recreational Uses (e.g. facilities used for physical exercise, recreation, or culture) Golf R N R R P R R N P P (e.g. 9+ hole course, golf driving range, outdoor miniature golf) Indoor (e.g. physical fitness center, health club, R N R R P R R N P P bowling alley, skating rink, billiard hall, arcade, indoor theater) Outdoor (e.g. campground, tennis/swimming R N R R P R R N P P facility, drive-in theater, skating rink, pavilion, amphitheater) Parks R N P R P R R N P P (e.g. aquatic, mini, private, sports, neighborhood, school, community) Utility Uses R N R N P R R N P P (e.g. amusement or theme park, fairground, racetrack, sports arena) 18.80.250 DEFINITIONS GENERALLY: ? For the purpose of these regulations, certain numbers, abbreviations, terms, and words used herein shall be used, interpreted, and defined as set forth in this Chapter. ? Unless the context clearly indicates to the contrary, words used in the present tense include the future tense; words used in the plural number include the singular; the word “herein” means “in these regulation,” the word “regulations” means “these regulations.” ? A “person” includes a corporation, a partnership, and an incorporated association of persons such as a club; “shall” is always mandatory; a “building” includes a “structure”; a “building” or “structure” includes any part thereof; “used” or “occupied” as applied to any land or building shall be construed to include the words “intended, arranged, or designed to be used or occupied.” TERM. (Source of Definition) Definition ACCESSORY STRUCTURE OR USE. A detached subordinate structure or a use which is clearly incidental to and customarily found in connection with the principal structure or use to which it is related, and which is located on the same lot as that of the principal structure or use. AIR TRAFFIC. (FAA FAR Sec. 1.1) Aircraft operating in the air or on an airport surface, exclusive of loading ramps and parking areas. AIRPORT. (FAA FAR Sec. 152.3) The Southern Wisconsin Regional Airport owned by Rock County. Any area of land or water that is used or intended to be used for the landing and takeoff of aircraft. Any appurtenant areas that are used or intended for use for airport buildings, other airport facilities, or rights-of-way; and all airport buildings and facilities located on the areas specified in this definition. AIRPORT ELEVATION. (FAA AC 150/5190-4A) The highest point on the usable landing area of an airport that is measured in feet from mean sea level (MSL). AIRPORT ENVIRONS. The land use and people in the areas surrounding an airport which can be directly affected by the operation of the airport. AIRPORT HAZARD. (FAA FAR Sec. 152.3) Any structure or object of natural growth located on or in the vicinity of a public airport, or any use of land near a public airport that obstructs the airspace required or is otherwise hazardous for the flight of aircraft landing or taking off at the airport. AIRPORT LAYOUT PLAN (ALP). (FAA FAR Sec. 152.3) The plan of an airport that shows the layout of existing and proposed airport facilities. AIRPORT MASTER PLAN. The Southern Wisconsin Regional Airport Master Plan Report, 2009, as updated. AIRPORT OVERLAY ZONES. A zone intended to place additional land use conditions on land impacted by the airport while retaining the existing underlying zone. The FAR Part 77 Surfaces and runway protection zones (RPZs) have been combined to create five airport overlay zones. The five specific zones create a comprehensive area focused on maintaining compatible land use around airports. ? Zone A - is intended to provide a clear area that is free of above ground obstructions and structures. This zone is closest to the individual runway ends. ? Zone B1 & B2 - reflects the approach and departure areas for each runway at an airport. The size of Zone B is predicated upon the type of approach (visual, non- precision, or precision) that a specific runway has and the type/size of aircraft that utilize the runway. ? Zone C - includes those areas that are parallel to the runway pavement and extend 1,050’ from the edge of the primary surface. ? Zone D - encompasses the horizontal surface (innermost area) and the conical surface (outermost area), which make up the three (3)-mile jurisdictional boundary delineated at the Southern Wisconsin Regional Airport. AIRPORT REFERENCE CODE (ARC). (FAA Web site www.faa.gov) The ARC is an FAA coding system used to relate airport design criteria to the operational and physical characteristics of the airplanes intended to operate at the airport. AIRPORT REFERENCE POINT (ARP). (FAA AC 150/5300-13) The latitude and longitude of the approximate center of the airport. AIRPORT ZONING PERMIT. A Zoning/Building Site Permit that allows new development or alteration or expansion of a Permit Required Use. AIRSIDE. (FAA Web site www.faa.gov) The portion of an airport facility that includes aircraft movements, airline operations, and areas that directly serves the aircraft, such as taxiway, runway, maintenance, and fueling areas. AIRSPACE. (FAA Web site www.faa.gov) The space lying above the earth or above a certain area of land or water that is necessary to conduct aviation operations. ALTERATION. Any construction which would result in a change in height or lateral dimensions of an existing structure or object. APPLICANT. The owner of the land or his/her representative. APPROACH SLOPES. (FAR Part 77) The ratios of horizontal to vertical distance that indicate the degree of inclination of the approach surface. The various ratios include: ? 20:1 - for all utility and visual runways extended from the primary surface a distance of five thousand (5,000) feet. ? 34:1 - for all non-precision instrument runways extended from the primary surface for a distance of ten thousand (10,000) feet. ? 50:1/40:1 - for all precision instrument runways extended from the primary surface for a distance of 10,000 feet at an approach slope of fifty to one (50:1) and an additional forty thousand (40,000) feet beyond this at a forty to one (40:1) approach slope. APPROACH SURFACE. (FAA AC 150/5190-4A) A surface that is longitudinally centered on the extended runway centerline and extends outward and upward from the end of the primary surface at the same slope as the approach zone height limitation slope set forth in this Ordinance. In plan view, the perimeters of the approach surface and approach zone coincide. AVIGATION EASEMENT. (FAA Web site www.faa.gov) A grant of a property interest in land over which a right of unobstructed flight in the airspace is established. BUILDING. Any structure used, designed, or intended for the protection, shelter, enclosure, or support of persons, animals, or property. BUILDING CODES. (The Practice of Local Government Planning) Codes, either local or state, that control the functional and structural aspects of buildings and/or structures. Local ordinances typically require proposed buildings to comply with zoning requirements before building permits can be issued under the building codes. BUILDING HEIGHT. The vertical distance from the top of the building roof to the top of the basement or to the foundation, whichever is less. COMMERCIAL USES. Land uses or activities that involve the production, processing, manufacturing, or sale of goods or services for financial gain, including uses that provide merchandise to the general public. Accessory uses may include offices, storage, food service, or other amenities primarily for the use of employees and parking. COMPATIBILITY. The degree to which land uses or types of development can coexist or integrate. CONSTRUCTION. The erection or alteration of any structure or object of either a permanent or temporary nature. DENSITY. The number of living units per acre. DEVELOPMENT. Any man-made change to improved or unimproved real estate, including but not limited to the construction of buildings, structures, or accessory structures; the construction of additions or substantial improvements to buildings, structures, or accessory structures; the placement of manufactured homes (mobile homes); mining, dredging, filling, grading, paving, excavation, or drilling operations; and the deposition or extraction of materials. EASEMENT. Authorization by a property owner for the use by another and for specified purpose of any designed part of his/her property. EXISTING USE. Any use of land lawfully in existence at the time of the effective date of this Ordinance or amendment thereto becomes effective. FEDERAL AVIATION ADMINISTRATION (FAA). (FAA Web site www.faa.gov) A federal agency charged to regulate air commerce in order to promote its safety and development; encourage and develop civil aviation, air traffic control, air navigation; and promote the development of a national system of airports. FEDERAL AVIATION REGULATIONS (FAR). (FAA FAR) Regulations established and administered by the FAA that govern civil aviation and aviation-related activities. ? FAR Part 36. (FAA FAR Sec. 36.1) Establishes noise standards for the civil aviation fleet. ? FAR Part 91. (FAA FAR Sec. 91.1) Pertains to air traffic and general operating rules, including operating noise limits. ? FAR Part 150. (FAA FAR Sec. 150.1) Pertains to airport noise compatibility planning. ? FAR Part 161. (FAA FAR Sec. 161.1) Pertains to notice and approval of airport noise and access restrictions. ? FAR Part 77. (FAA FAR Sec. 77.1) Objects Affecting Navigable Airspace - Part 77 (a) establishes standards to determine obstructions in navigable airspace; (b) defines the requirements for notice to the FAA Administrator of certain proposed construction or alteration; (c) provides for aeronautical studies of obstructions to air navigation to determine their effect on the safe and efficient use of airspace; (d) provides for public hearings on the hazardous effect of proposed construction or alteration on air navigation; and (e) provides for establishing antenna farm areas. GENERAL AVIATION AIRPORT. Any airport that is not an air carrier airport or a military facility. GROWTH. Any object of natural growth that includes trees, shrubs, or foliage. Excludes farm crops, which are cut at least once a year. HEIGHT. Height is utilized for the purpose of determining the height limits in all zones set forth in this Ordinance and shown on the Southern Wisconsin Regional Airport Height Zoning Map; height shall be the highest point of a structure, tree, or other object of natural growth and measured from the mean sea level elevation, unless specified otherwise. INDUSTRIAL, WHOLESALE TRADE, AND STORAGE USES. A use category that includes: ? Industrial development or uses involved in the research, design, manufacturing, processing, fabrication, packaging, or assembly of goods. Natural, man-made, raw, secondary, or partially completed materials may be used. Products may be finished or semi-finished and are generally made for the wholesale market, for transfer to other plants, or to order for firms or customers. Goods are generally not displayed or sold on site, but if so, they are a subordinate part of sales (typically 10% or less of the total gross floor area). Relatively few customers come to the site. ? Industrial, manufacturing, wholesale trade, and warehouse/storage uses and includes those that produce goods from raw or finished materials, distribute goods in large quantities to primarily wholesale customers, or provide for storage or warehousing of goods, either in enclosed buildings or outdoors. Few customers, especially the general public, come to the site. Accessory activities may include sales, offices, parking, and storage. IMAGINARY SURFACES. (FAA FAR Part 77.25) Those areas established in relation to the airport and to each runway consistent with FAR Part 77, in which any object extending above these imaginary surfaces, by definition, is an obstruction. ? Approach surface - longitudinally centered on the extended runway centerline and extends outward and upward from the end of the runway primary surface. The approach slope of a runway is a ratio of 20:1, 34:1, or 50:1, depending on the approach type. The length of the approach surface depends on the approach type and varies from five thousand (5,000) to fifty thousand (50,000) feet. ? Conical surface - extends upward and outward from the periphery of the horizontal surface at a slope of twenty feet horizontally for every one foot vertically (20:1) for a horizontal distance of four thousand (4,000) feet. ? Horizontal surface - horizontal plane located one hundred fifty (150) feet above the established airport elevation and encompasses an area from the transitional surface to the conical surface. The perimeter is constructed by generating arcs from the center of each end of the primary surface and connecting the adjacent arcs by lines tangent to those arcs. ? Transitional surface - extends outward and upward at right angles to the runway centerline and at a slope of seven feet horizontally for each one foot vertically (7:1) from the sides of the primary and approach surfaces. The transitional surfaces extend to the point at which they intercept the horizontal surface at a height of one hundred fifty (150) feet above the established airport elevation. INCOMPATIBLE LAND USE. (FAA FAR Sec. 150.7) Land use that is typically unable to coexist with aircraft and airport operations. INSTRUMENT APPROACH PROCEDURE. (FAA Pilot/Controller Glossary) A series of predetermined maneuvers for the orderly transfer of an aircraft under instrument flight conditions from the beginning of the initial approach to a landing or to a point from which a landing may be made visually. It is prescribed and approved for a specific airport by competent authority. INSTRUMENT LANDING SYSTEM (ILS). (FAA Pilot/Controller Glossary) A precision instrument approach system which normally consists of the following electronic components and visuals aids: localizer, glideslope, outer marker, middle marker, and approach lights. ITINERANT OPERATION. (FAA AC 150/5325-4B) Aircraft takeoff or landing operations that occur from one airport to another and involves a trip of at least twenty (20) miles. Local operations are excluded. LAND USE. Any nonstructural use made of unimproved or improved real estate. (Also see DEVELOPMENT.) LAND USE COMPATIBILITY. (FAA Web site www.faa.gov) Land uses that can coexist with an airport and airport related activities. LIGHTING AND MARKING OF HAZARDS TO AIR NAVIGATION. Installation of appropriate lighting fixtures, painted markings, or other devices to objects or structures that constitute hazards to air navigation. LOT. A parcel of land described in a recorded plat or deed. MITIGATION. (FAA Web site www.faa.gov) The avoidance, minimization, reduction, elimination, or compensation for adverse effects of a proposed action. NAVIGATION AIDS (NAVAID). (FAA Web site www.faa.gov) Any facility used by an aircraft for guiding or controlling flight in the air or the landing or take-off of an aircraft. NAVIGABLE AIRSPACE. The airspace above minimum altitude for safe flight that includes the airspace needed to ensure safety in landing or take-off of aircraft. NOISE EXPOSURE CONTOURS. (FAA Web site www.faa.gov) Lines drawn around a noise source that indicates a constant energy level of noise exposure. Day-night sound level (DNL) is the measurement used to describe community exposure to noise. NOISE IMPACT. A condition that exists when the noise levels that occur in an area exceed a level identified as appropriate for the activities in that area. NOISE SENSITIVE AREA. (FAA AC 91-36D) Defined as an area where noise interferes with normal activities associated with the use of the area. OBJECT. (FAA AC 150/5300-13) Includes, but is not limited to, above ground structures, NAVAIDSs, people, equipment, vehicles, natural growth, terrain, and parked aircraft. OBSTACLE FREE ZONE (OFZ). (FAA 150/5300-13) The three dimensional area of airspace that provides clearance protection for aircraft during landing or take-off operations and for missed approaches. The area encompasses one hundred fifty (150) feet above the established airport elevation and along the runway and extended runway centerline. The OFZ is required to be clear of all objects, except for the frangible visual NAVAIDs, the location of which is fixed by function. OBSTRUCTION. (FAA AC 150/5190-4A) Any structure, growth, or other object, including a mobile object, which exceeds a limiting height that is specific to its geographic location relative to the runway/airport. OFF-AIRPORT PROPERTY. (FAA Web site www.faa.gov) Property that is beyond the boundary of land owned by the airport sponsor (Rock County). ON-AIRPORT PROPERTY. (FAA Web site www.faa.gov) Property that is within the boundary of land owned by the airport sponsor (Rock County). ORDINANCE. Any legislative action, however nominated, of a local government which has the force of law, including any amendment or repeal of any ordinance. OVERLAY ZONE. (FAA Web site www.faa.gov) A mapped zone that imposes a set of requirements, in addition to those of the underlying zoning district. OWNER. Any person, group of persons, firm or firms, corporation or corporations, or any other legal entity having legal title to or sufficient proprietary interest in the land. PERMIT REQUIRED USE. Are those land uses that shall be permissible following the issuance of a City of Janesville Zoning/Building Site Permit. The Permit, which may include development and use related conditions, along with a signed Affidavit (Applicant’s Recorded Affidavit Accepting Mitigation Responsibilities), notifies applicants of their responsibilities and required mitigation for any construction, alteration, location or use of land to minimize potential hazardous impacts to the Southern Wisconsin Regional Airport, aircraft, airport operational areas, and aircraft overflight areas, as well as residents. PERMITTED USE. Are those land uses generally considered compatible within a particular zone of the AOZD. Compatible land uses do NOT impact or create hazardous conditions for aircraft, airport operational areas, or aircraft overflight areas, and are considered reasonably safe for area residents. PRIMARY SURFACE. (FAA AC 150/5190-4A) A surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends two hundred (200) feet beyond each end of that runway; for military runways or when the runway has no specially prepared hard surface, or planned hard surface, the primary surface ends at each end of that runway. The width of the primary surface is set forth in FAR Part 77. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline. PRIMARY RUNWAY. (FAA AC 150/5325-4B General Definition) The runway used for the majority of airport operations. Large, high-activity airports may operate two or more parallel primary runways. PRINCIPAL USE. The use of primary importance or permitted use on a parcel of land, in contrast to those which are accessory or of secondary importance. PUBLIC ASSEMBLY USE. A structure or outdoor facility where concentrations of people gather for purposes such as deliberation, education, shopping, business, entertainment, amusement, sporting events, or similar activities, but excluding air shows. Public assembly use does not include places where people congregate for relatively short periods of time, such as parking lots and bus stops, or uses approved by the FAA in an adopted airport master plan. PUBLIC USE AIRPORT. (FAA AC 150/5190-6) A public- or private-owned airport that is open for public use. RESIDENTIAL AND ACCOMMODATION USES. A use category that includes the following: ? Residential - provide living accommodations, including sleeping, eating, cooking, and sanitary facilities, to one or more persons. Tenancy typically last longer than thirty (30) days. ? Accommodation - characterized by visitor-serving facilities that provide temporary lodging in guest rooms or guest units, for compensation. The average length of stay of less than thirty (30) days. Accessory uses may include pools and other recreational facilities for the exclusive use of guests, limited storage, restaurants, bars, meeting facilities, and offices. RUNWAY. A portion of the airport having a surface specifically developed and maintained for the landing and taking off of airplanes. RUNWAY PROTECTION ZONE (RPZ). (FAA AC 150/5300-13) An area off the runway end designed to enhance the protection of people and property on the ground. RUNWAY SAFETY AREA. (FAA AC 150/5300-13) A defined surface surrounding the runway that is prepared or suitable to reduce the risk of damage to airplanes in the event of an overshoot or excursion from the runway. STRUCTURE. Any man-made object with form, shape, and utility that is permanently or temporarily attached to, placed upon, or set into the ground, stream bed, or lake bed. Examples include, but are not limited to, roofed and walled buildings, gas or liquid storage tanks, or television dishes. STRUCTURAL ALTERATION. Any change in the supporting members of a structure, such as foundations, bearing walls, columns, beams, or girders, or any substantial change in the roof structure or in the exterior or interior walls. SUBSTANTIAL IMPROVEMENT. Any structural repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the present equalized assessed value of the structure either before the improvement or repair is started, or if the structure has been damaged, and is being restored, before the damage occurred. The term does not include any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or any alteration of a structure or site documented as deserving preservation by the Wisconsin State Historical Society or listed on the National Register of Historic Places. Ordinary maintenance repairs are not considered structural repairs, modifications or additions. Such ordinary maintenance repairs include internal and external painting, decorating, paneling, and the replacement of doors, windows, and other nonstructural components. (For purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.) TREE. Any object of natural growth that shall not exceed the Zoning Height Restrictions. USE. That which is customarily or habitually done, may include seasonal uses, and need not extend to the entire tract of land at the time of the adoption of this Chapter. (See also LAND USE) UTILITY RUNWAY. A runway constructed for and intended to be used by propeller driven aircraft of twelve thousand five hundred (12,500) pounds gross weight or less. VARIANCE. Authority granted to the owner to use his/her property in a manner that is prohibited by the Zoning Code. A departure from the terms of the zoning ordinance where it is shown that unique physical circumstances that are applied to a land parcel can, has, or will cause a hardship to the owner, and that the condition permitted by the departure will be in fundamental harmony with surrounding uses. ? Area Variance - one which does not involve a use that is prohibited by the Zoning Code. Area variances involve matters such as setback lines, frontage requirements, lot-size restrictions, density, density regulations, and yard requirements. Height limitation variances shall not be granted under this Ordinance. ? Use Variance - one which permits a use of land other than what is prescribed by the Zoning Code. It is primarily a grant to erect, alter, or use a structure for a permitted use in a manner other than that prescribed by this Chapter. Use variances shall not be granted under this Ordinance. WETLAND. Those areas where water is at, near, or above the land surface long enough to support aquatic or hydroponic vegetation and which have soils indicative of wet conditions. WILDLIFE ATTRACTANTS. Any man-made structure, land use practice, or man-made or natural geographic feature that can attract or sustain hazardous wildlife within the landing or departure airspace or the air operations area of an airport. Attractants include, but are not limited to, architectural features, landscaping, waste disposal sites, wastewater treatment facilities, agricultural or aquaculture activities, surface mining, or wetlands. WILDLIFE HAZARDS. Feral or domesticated animals that are associated with aircraft strikes, are capable of causing structural damage to airport facilities, or act as attractants to other wildlife that pose a strike hazard. ADOPTED: Motion by: Second by: APPROVED: Councilmember Aye Nay Pass Absent Brunner McDonald Eric J. Levitt, City Manager Perrotto Rashkin ATTEST: Steeber Truman Voskuil Jean Ann Wulf, City Clerk-Treasurer APPROVED AS TO FORM: City Attorney, Wald Klimczyk Proposed by: Community Development Department Prepared by: Community Development Department Shared/2009-444 Airport Overlay District REVISED Ordinance Wald 12-08-09.doc EXHIBIT 1 SUMMARY OF LAND USE ACTIVITIES AIRPORT ZONE CHART ZONE C, B1, B2 AND D E = Existing Land Use (Existing Development) F = Future Land Use (Future Development) P = Permitted** R = Permit Required* N = Not Required *Permit Required use in a location sensitive to the intent of this Ordinance, requiring the Committee Designee's detailed attention and caution when considering conditions for a Zoning Building/Site Permit **Pending height restriction compliance ZONEZONEZONEZONE CB1B2D LAND USE CATEGORIES ExistingNewExistingNewExistingNewExistingNew Residential Activities Single-FamilyRNPRPRPP DuplexRNPRPRPP Multi-FamilyRNPRPRPP Group HomesRNPRPRPP Mobile Home ParksRNPRPRPP Day CareRNRRPRPP Commercial Activities RestaurantRRPRPRPP General OfficeRRPRPRPP Medical/Dental OfficeRRPRPRPP Outdoor Storage and DisplayRRPRPRPP General Retail Uses and ServicesRRPRPPPP Gas/Convenience/Repair Passenger Services RRPRPRPP Big Box RetailRRPRPRPP Industrial/Manufacturing Activities Service UsesRRPRPPPP Light ManufacturingRRPRPPPP General ManufacturingRRPRPPPP Heavy ManufacturingRNRNRRPR Mining and ExtractionRNRNRNPP Salvage OperationsRNPRPRPP Storage FacilityRRPRPPPP Warehouse and Freight UsesRRPRPPPP Recycling/Landfill/Wastewater Treatment Facility RNPNPNPR Institutional Activities Colleges, Public Assembly Uses, Jails, Schools, Hospitals, Churches, Large Institutional facilities. RNRNPRPR Infrastructure Activities Parking Lots/Roads/Utility SubstationsPPPPPPPP Agricultural Uses Farms/CropsPPPPPPPP Large Facility (Bulk Fuel Storage, Grain Elevator) and Sales. RNPNPRPR Stormwater PondsRNPRPRPR Parks & Recreation Indoor-Outdoor Rec UsesRNRRPRPP ParksRNPRPRPP Note regarding Zone A & C: The majority of land located in Zone A & C is owned and maintained by Rock County as part of the airport property. Community Development Department Memorandum Date: December 4, 2009 TO: Janesville City Council FROM: Duane Cherek, Manager of Planning Services SUBJECT: Second reading, public hearing, and action on a proposed ordinance attaching property located at 3123 South Highway 51(File Ordinance No. 2009-445); and Second reading, public hearing, and action on a proposed ordinance attaching and zoning to B4 property located at 3123 South Highway 51 (File Ordinance No. 2009-446); and Request for Class A Fermented Malt Beverage License for Kwik Trip, Inc. DEPARTMENT RECOMMENDATION The Plan Commission and Community Development Department recommends that following a public hearing, the City Council support a motion to adopt Ordinance Nos. 2009-445 and 2009-446 attaching and zoning to B4 property located at 3123 South Highway 51. The Alcohol License Advisory Committee and Community Development Department recommend that the City Council support a motion to grant a Class A Beer License to the Kwik Trip at 3123 South Highway 51. CITY MANAGER RECOMMENDATION The City Manager supports the attachment, zoning of property to B4 upon attachment and granting the Class A Liquor License to Kwik Trip, Inc. REQUEST In 2004, the Kwik Trip gas station and convenience store located at 3123 South U.S. Highway 51 requested a connection to municipal sewer and water facilities. Those facilities were extended to the property under the terms of the City of Janesville/Town of Rock Cooperative Boundary Plan which allows for municipal sewer and water connections to those property owners requesting such service. In exchange for receiving those services, Kwik Trip agreed to attach their property to the City as soon as legally feasible at the discretion of the City. Kwik Trip has recently acquired three parcels immediately adjoining their business location to the east to allow for future expansion opportunities. The adjoining parcels are developed with two vacant residences that are proposed for demolition. A separate attachment agreement has been executed for each adjoining parcel and it is Kwik Trip’s desire to include all properties under their ownership in the attachment ordinance at this time. The attachment includes four parcels containing approximately 3.47 acres of land excluding right-of-way for Highway 51. Kwik Trip currently sells alcohol (beer only) at their convenience store and intends to continue the sale of beer products upon attachment to the City; therefore they have applied for a Class A Alcohol License. While the Plan Commission does not review attachment of land to the City, it must review the proposed zoning of the property upon attachment and forward a recommendation on to the City Council. The Community Development Department has prepared an ordinance to zone the property to B4, Business Highway District. The Alcohol License Advisory Committee reviewed an application for a Class A Fermented Malt Beverage License for Kwik Trip at its November 3rd meeting and unanimously approved a positive recommendation of said license to the City Council (see attached minutes). ANALYSIS A. The subject site includes the Kwik Trip gas station and convenience store located at the southeast corner of USH 51 and STH 11. The proposed attachment also includes three parcels of land that adjoin the convenience store which were recently acquired by Kwik Trip. According to the applicant’s agent, redevelopment of the site to accommodate a new or upgraded gas/convenience store is planned; however, no specific timeframe has been established. The property is made contiguous to the City limits along the USH 51 right-of-way extended north of the Jacob Homes property which was attached to the City in 2007. The subject site has been provided with City sewer and water utility services since 2004. B. The site is located in an area of mixed commercial, residential and agricultural zoning and land use located in the Town of Rock (see Map 2). Property to the east includes single-family residential. The McFarlane Pheasant Farm is located on the north side of Highway 11 opposite the site. A variety of commercial uses exist along USH 51 west of the subject property including auction, pet grooming, tool supply and package distribution services, as well as contractor’s offices. Property to the south is vacant and zoned commercial in the Town. The subject property and all surrounding commercial development is zoned B2 - Large Scale Commercial Development in the Town. C. The Future Land Use Designation shown on the Comprehensive Plan identifies the site as appropriate for either Commercial or Light Industrial development. This future land use designation is intended to be flexible to accommodate Community Commercial, or Light Industrial without necessitating an amendment to the Comprehensive Plan. However, the Plan specifically identifies that Community Commercial uses are planned on the south side of the City at USH 51 and STH 11. Considering the property’s location at this major intersection, the B4 – Business Highway District is appropriate for areas within this Future Land Use Category. The B4 District is mapped in areas in close proximity to intersections of U.S. and State Highways (and interchanges) which provide convenient access for the traveling public. Rezoning the site to B4 would provide recognition of the recommended land use for this area as defined by the Comprehensive Plan, and enable the owner to pursue future commercial redevelopment of the site in the City. D. The attachment and zoning of the property as proposed is also consistent with the provisions of the Cooperative Boundary Plan, which allows for orderly boundary changes between the City and Rock Township in this area. The Plan identifies the subject site as appropriate for general commercial development at the southeast corner of USH 51 and STH 11. The proposed B4 zoning designation is therefore consistent with adopted City Plans. E. Kwik Trip currently maintains a Class A Liquor License in the Town which limits the sale of alcohol products to beer only at the convenience store. Kwik Trip does not maintain a physical separation in their store for alcohol sales as required under City ordinance. Upon attachment, Kwik Trip will retain certain “grandfathered” rights of their existing alcohol license in the township. They will not be required to separate alcohol (beer) sales from other sales in the store. Any substantial change to the physical layout of the building or property will require compliance with City code. Despite the grandfathering provisions, Kwik Trip has applied for a Class A Beer License in the City. The Alcohol License Advisory Committee (ALAC) reviewed the request and unanimously recommended it be approved on November 3, 2009 (ALAC meeting minutes enclosed). Upon attachment, alcohol sales will end at 9:00 PM instead of the current closing time of midnight in the Town. Representatives from Kwik Trip are aware of those provisions and are prepared to make those adjustments to their business operation. Staff anticipates the Kwik Trip property will be redeveloped in the near future. When a new store is constructed on the site, compliance with the alcohol separation requirements will be a part of that building approval. PLAN COMMISSION MINUTES – 7 DECEMBER 2009 Duane Cherek, Manager of Planning Services, presented the written staff report. There was discussion regarding the existing land use and zoning to the east of the subject property. Cherek indicated that land to the east of the attachment area was developed with single-family residential but the subject property was zoned commercial in the Town. The public hearing was opened and the following person appeared to speak: ? Troy Mleziva, Real Estate Manager with Kwik Trip, 1626 Oak Street, LaCrosse, stated that he was available for questions. The public hearing was closed. There was a motion by Commissioner Hanewold with a second by Commissioner Adams to forward the zoning to the City Council with a favorable recommendation. The motion carried on a 6-0-0 vote. FISCAL IMPACT Within the 8.5-acre attachment area, 3.47 acres of land is owned by Kwik Trip, Inc. The business improvements are located on one lot, however Kwik Trip has recently acquired 3 adjoining parcels to the east. One of the parcels is vacant and the other two contain single-family residences that Kwik Trip proposes to remove. All property under the Kwik Trip’s ownership has a total assessed value of $575,200 (land value of $85,650 and improvement value $489,550) according to Rock Township. Upon attachment, these values will generate approximately $4,200 of city tax revenue. However, if the subject property is redeveloped and a new gas station/convenience store is constructed on the site at some future date as indicated by the applicant, staff projects the total assessed value of new construction to range from $800,000 - $1,000,000. That would result in annual estimated city tax revenue of between $5,800 and $7,300. The primary services provided to the site upon attachment will include police and fire protection services. The cost of providing these city services to the subject site is estimated at $3,000 annually. As such, attachment of the property and provision of city services to the subject property should result in a positive fiscal impact. It should be noted that with all attachment of properties under the terms of the Cooperative Boundary Agreement with Rock Township, the City agrees to transfer dollars to the Town equal to all dollars that the Town would have collected through their local property tax levies over a 5-year period, based on 2009 values. Said reimbursement shall commence in 2010 and be decreased by 20% each year thereafter phasing the reimbursement down to $0 over a 5-year period. The estimated payback to the Town in the first year is $1,150. cc: Eric Levitt Jay Winzenz Brad Cantrell ORDINANCE NO. 2009-445 An ordinance attaching territory in Section 13 in T.2N., R.12E. of the 4th P.M., Town of Rock, Rock County, Wisconsin. WHEREAS , the owner of the land within such territory proposed to be attached has executed and recorded attachment agreements that set forth the timeframe, circumstances and conditions upon which attachment of property to the City of Janesville shall occur within the City of Janesville/Town of Rock Cooperative Boundary Plan area; and WHEREAS , the necessary notices have been duly prepared, provided and served as required by law to all persons affected; and WHEREAS , this ordinance does not contain temporary zoning; and WHEREAS , the Department of Administration has not found the proposed attachment to be against the public interest; and WHEREAS , the Common Council has determined that this attachment is in the public interest. NOW THEREFORE THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: SECTION I. The territory described as follows is hereby attached to the City of Janesville. PART OF Lot 1, Certified Survey Map # 790624, RECORDED IN Vol. 2, Pgs. 337-339, ALSO PART OF THE NW. ¼ OF THE SW. ¼ OF Section 13, AND THE NE. ¼ OF THE SE. ¼ OF Section 14, ALL IN TH T.2N., R.12E. of the 4 P.M., ROCK TOWNSHIP, ROCK COUNTY, WISCONSIN. DESCRIBED AS FOLLOWS: Commencing at a D.O.T. disk at the West ¼ corner of said Section 13; thence S.88D50’58”E along East-West ¼ section line, 197.26 feet, also being the place of beginning for the land to be herein described, thence S.88D52’18”E along said ¼ section line, 133.36 ft. m/l, thence S.88D52’15”E along said ¼ section line 84.25 ft. m/l, thence S.0D10’4”W, to a point on the North line of Lot 2 of CSM, Doc. Num. 790624, Volume 2, pages 337, 338, and 339, 332.25 ft. m/l, thence S.88D56’50”E, 65.41 ft. m/l, thence S.0D3’0”E, to a point along the North line of a private drive, 144.28 ft. m/l, thence N.89D2’48”W, along said private drive to the SE corner of Lot 1, also being the Easterly R.O.W of U.S. Highway “51” South, 434.46 ft. m/l, thence Southerly along said R.O.W., 1501.45 ft. m/l, thence S.88D24’13”W, 96.37 ft. m/l, thence N.0D16’6”W along the Westerly R.O.W. line of U.S. Highway “51” South, 147.05 ft. m/l, thence N.89D49’42”W along said R.O.W. to the SE corner of Lot 3 of CSM, Doc. Num. 1638134, Volume 26, pages 313, 314, and 315, 14.68 ft. m/l, thence N.0D4’33”W along said R.O.W. to the SE corner of Lot 2, 195.34 ft., thence N.0D4’43”W along said R.O.W., 164.14 ft., thence N.6D6’16”W along said R.O.W., 95.52 ft., thence N.0D4’42”W along said R.O.W. to the NE corner of Lot 1, 60.76 ft. m/l, thence N.0D9’40”W along said R.O.W. to the SE corner of Lot 1 of CSM, Doc. Num. 785579, Volume 2, pages 260 and 261, 334.9 ft. m/l, thence N.0D35’38”W along said R.O.W. to the NE corner of Lot 1, 99.19 ft. m/l, thence N.0D24’31”W along said R.O.W., 722.88 ft. m/l, thence S.89D0’12”E, 150.8 ft. m/l, thence continuing S.89D0’12”E, 123.43 ft. m/l, thence N.0D27’45”W, 164.48 ft. m/l to the place of beginning. Containing an area of approximately 8.5 acres. SECTION II. After this attachment becomes effective, the above described property shall be exempt from and not subject to further taxation and assessments in the Town of Rock and thence forth shall be subject to taxation and assessment as part of the City of Janesville for any and all purpose provided by law. ORDINANCE NO. 2009-445 PAGE 2 SECTION III. All the territory attached by this ordinance is hereby made part of Ward 31 of the City of Janesville. SECTION IV. There are no residents in the area proposed for attachment. SECTION V. The attachment is within the Janesville School District. SECTION VI. This ordinance shall take effect immediately upon adoption by the Common Council, the public health, welfare, peace, tranquility, good order, public benefit, and police power so requiring. ADOPTED: Motion by: Second by: APPROVED: Councilmember Aye Nay Pass Absent Brunner McDonald Eric J. Levitt, City Manager Perrotto Rashkin ATTEST: Steeber Truman Voskuil Jean Ann Wulf, City Clerk-Treasurer APPROVED AS TO FORM: Wald Klimczyk, City Attorney Proposed by: Community Development Department Prepared by: Community Development Department ORDINANCE NO. 2009-446 An ordinance changing and establishing the zoning classification of property located at 3123 South U.S. Highway 51. THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: SECTION I. The zoning classification of the following described property is established as B4, Business Highway District: PART OF Lot 1, Certified Survey Map # 790624, RECORDED IN Vol. 2, Pgs. 337-339, ALSO PART OF THE NW. ¼ OF THE SW. ¼ OF Section 13, AND THE NE. ¼ OF THE SE. ¼ OF Section 14, ALL IN T.2N., R.12E. TH of the 4 P.M., ROCK TOWNSHIP, ROCK COUNTY, WISCONSIN. DESCRIBED AS FOLLOWS: Commencing at a D.O.T. disk at the West ¼ corner of said Section 13; thence S.88D50’58”E along East-West ¼ section line, 197.26 feet, also being the place of beginning for the land to be herein described, thence S.88D52’18”E along said ¼ section line, 133.36 ft. m/l, thence S.88D52’15”E along said ¼ section line 84.25 ft. m/l, thence S.0D10’4”W, to a point on the North line of Lot 2 of CSM, Doc. Num. 790624, Volume 2, pages 337, 338, and 339, 332.25 ft. m/l, thence S.88D56’50”E, 65.41 ft. m/l, thence S.0D3’0”E, to a point along the North line of a private drive, 144.28 ft. m/l, thence N.89D2’48”W, along said private drive to the SE corner of Lot 1, also being the Easterly R.O.W of U.S. Highway “51” South, 434.46 ft. m/l, thence Southerly along said R.O.W., 1501.45 ft. m/l, thence S.88D24’13”W, 96.37 ft. m/l, thence N.0D16’6”W along the Westerly R.O.W. line of U.S. Highway “51” South, 147.05 ft. m/l, thence N.89D49’42”W along said R.O.W. to the SE corner of Lot 3 of CSM, Doc. Num. 1638134, Volume 26, pages 313, 314, and 315, 14.68 ft. m/l, thence N.0D4’33”W along said R.O.W. to the SE corner of Lot 2, 195.34 ft., thence N.0D4’43”W along said R.O.W., 164.14 ft., thence N.6D6’16”W along said R.O.W., 95.52 ft., thence N.0D4’42”W along said R.O.W. to the NE corner of Lot 1, 60.76 ft. m/l, thence N.0D9’40”W along said R.O.W. to the SE corner of Lot 1 of CSM, Doc. Num. 785579, Volume 2, pages 260 and 261, 334.9 ft. m/l, thence N.0D35’38”W along said R.O.W. to the NE corner of Lot 1, 99.19 ft. m/l, thence N.0D24’31”W along said R.O.W., 722.88 ft. m/l, thence S.89D0’12”E, 150.8 ft. m/l, thence continuing S.89D0’12”E, 123.43 ft. m/l, thence N.0D27’45”W, 164.48 ft. m/l to the place of beginning. Containing an area of approximately 8.5 acres. SECTION II. This ordinance shall take effect immediately upon adoption by the Common Council, the public health, welfare, peace, tranquility, good order, public benefit, and police power so requiring. ADOPTED: Motion by: Second by: APPROVED: Councilmember Aye Nay Pass Absent Brunner Eric J. Levitt, City Manager McDonald Perrotto ATTEST: Rashkin Steeber Jean Ann Wulf, City Clerk-Treasurer Truman Voskuil APPROVED AS TO FORM: Wald Klimczyk, City Attorney Proposed by: Community Development Department Prepared by: Community Development Department City Manager’s Office Memorandum December 14, 2009 TO: Janesville City Council FROM: Al Hulick, Management Analyst SUBJECT: Presentation by Janesville Sustainable Committee on Recycling Away From Home Program. Summary The Sustainable Janesville Committee would like to develop a Recycle Away From Home (RAH) Program for the City of Janesville. The RAH Program is intended to address recycling efforts away from home at community events, community facilities, School District facilities, and local businesses. The Committee has worked with City Staff and several other members of the Community to develop a program outline. Staff Recommendation City Staff supports the concept of creating a formal RAH Program, and is looking for City Council support before moving forward with the development of a program. City Manager recommendation The City Manager supports the suggested motion, and the City is currently evaluating all facilities to ensure recycling is provided. I am supportive of an RAH program in the schools, but believe this should be a School District initiated program. I am also supportive of an awareness campaign with the business community, but would be careful about implementation of any enforcement policies at this economic time. Suggested Motion I move to support the development of a Recycle Away From Home Program which will be brought back at a future meeting for City Council review and approval; and to move forward with the inclusion of recycling in the special event permit process. Request The Sustainable Janesville Committee has been working with City Staff and various community members to develop a comprehensive Recycle Away From Home Program. The RAH Program is intended to address recycling efforts away from home at community events, community facilities, School District facilities, and local businesses. The Sustainable Janesville Committee will be presenting at this evening’s Council Meeting to provide additional information regarding the proposed program and request the Council’s support to formally develop a RAH Program for the City of Janesville. Background Recycle Away From Home initiatives are intended to encourage the implementation of programs to ensure recycling options are available to citizens while away from home. At community events, community facilities, school facilities, and local businesses, RAH Programs attempt to address the gaps in recycling efforts throughout the community. With the adoption of the 2010 City Budget, City Staff has already committed to implementing a pilot program for recycling in the parks. The budget calls for recycling containers to be placed at four major parks in Janesville (Traxler, Palmer, Rockport, and Riverside). Recycling options are currently available at all other City facilities. Additionally, the Committee is working with City Staff to address recycling at special events by amending the Special Event Permitting process to require a recycling plan be included as part of the special event permit. The inclusion of a recycling plan will require those taking out a special event permit to ensure that recycling options will be provided at the event. Sustainable Janesville Committee members have been working with the School District and local waste haulers to develop a recycling program. The City Administration has encouraged the Committee to continue to work with the School District and local waste haulers to develop their own plans. The City Administration believes that a RAH Program that is based on encouragement, education, and awareness would be the most effective approach towards gaining public participation and support. The Sustainable Janesville Committee has developed a RAH program outline that intends to address these gaps at community events, community facilities, School District facilities, and local businesses. With the City Council’s support, the Committee’s intends to continue working with City Staff and other community leaders to formalize a RAH Program. cc: Eric Levitt Jacob Winzenz RAHRAH RAH ecycling way from ome Presented by The Sustainable Janesville Committee ? Recycling in WisconsinRecycling in Wisconsin Sustainable Janesville ? Law Passed in1990 to help manage solid waste, and encourage reduction, reuse and recycling Why recycle?Why recycle? Sustainable Janesville ? Recycling one glass bottle saves ? light up a 100 watt enough energy to bulb for 4 hours. By recycling every plastic bottle in the ? two billion tons nation approximately of plastic would be diverted from landfills. Plastic bottles take 700 years to decompose in landfills. Recycling 1 ton of paper saves about ? 17 trees which absorb 250 lbs. of carbon dioxide from the air. Curbside Recycling…Curbside Recycling… Sustainable Janesville ? City of Janesville hired ? first recycling coordinator in 1989 Remote drop locations ? were first implemented 1993 curbside residential ? recycling established 34% of waste is diverted ? from WI landfills by recycling or composting But what about when we are AWAY Sustainable Janesville ? from home? City of Janesville City of Janesville --RAHRAH "Recycling Away From Home""Recycling Away From Home" Sustainable Janesville ? At Special Events or Festivals ? Parks, Stadiums & Community Facilities ? At our Schools ? Public, private, K-12 ? UW Rock County ? At our Workplace ? Business & Industry ? Examples of Special Events…Examples of Special Events… Sustainable Janesville ? Rotary Corn Roast ? Kiwanis Fest of Ales ? Rock Aqua Jays Shows ? & Tournaments Rock County Fair ? Ground Events Block Parties ? Family Reunions ? Farmer’s Market ? Family Fun Fest ? Rock Around the Block ? Portable bins make Portable bins make recycling easyrecycling easy Sustainable Janesville ? CycleMax System uses a clear bag ? enables people to see ? their contribution distinguishes between ? recycling containers and waste cans collapsible for easy ? storage and transport Examples of Community Facilities…Examples of Community Facilities… Sustainable Janesville ? Monterey Stadium ? Recycling ? Ice Arena ? Recycling ? Senior Center ? Some recycling ? City Buildings ? Some recycling ? Park RecyclingPark Recycling Sustainable Janesville ? Recycling in 4 major parks is ? included in our 2010 budget The parks department plans to: Acquire Recycling containers ? Make recycling convenient ? Plan for recycling collection ? Assistance by “friends” or ? service groups if needed School RecyclingSchool Recycling Sustainable Janesville ? SJC will support and encourage recycling in our local schools. Opportunities to get involved with: WI DNR's Clean & Healthy ? Schools program PTA's or Student groups to ? implement recycling programs Encourage schools to provide ? recycling opportunities for students in classroom and common areas Parker High School bins ? Research Grants Available ? Business RecyclingBusiness Recycling Sustainable Janesville ? Offer ideas to local businesses, like the ? WI DNR's Green Tier Program, "The Ideal State for Business Environmental Stewardship" Encourage Businesses to provide ? recycling opportunities for customers and employees Offer assistance in creating a simple ? "recycling” plan for businesses that want to do more Work with Licensed Haulers to promote ? recycling program for their customers Offer recycling “shout out” ? opportunities on SJC’s website Planning for RAH…Planning for RAH… Sustainable Janesville ? City Council Support of a Recycling Away from Home Program ? Purchase & grant applications (portable bins) for Special Events ? Adjust event applications for Special Events (Leisure Services) ? Support RAH programs for Schools and Businesses, offering ? plan ideas and educational opportunities Create an educational video with JA-TV, possibly using High ? School students’ marketing programs to educate and promote recycling programs for the community Maintain recycling information on the City's website – ? requirements and benefits of program Create a network of supporters through service groups and ? volunteers Follow up and monitor successes on SJC’s website ? Recycling benefits Recycling benefits everyone! everyone! Sustainable Janesville ? Re-using natural resources makes both environmental and economic good sense. By conserving our dwindling supply of resources and protecting the few remaining undamaged ecosystems left on the earth, we are preserving them for future generations! CITY MANAGER’S OFFICE MEMORANDUM November 25, 2009 TO: City Council FROM:Thomas E. Malone, Management Analyst SUBJECT: Update on Skate Park Efforts Request Based on discussions with the Chair of the Skateboard Park Fundraising effort, the City Manager placed this item on the agenda to provide the City Council an update. City Manager Recommendation The City Council may want to consider two issues related to this project. 1. The City Council may want to consider whether to reaffirm its position on the location of the skateboard park. 2. Mr. Streich is requesting that the Council consider whether to put funds toward this project. I recommend if funds would be dedicated to the project the Council take action to commit specified fund pending a certain dollar amount be raised. I would recommend committing $50,000 if $250,000 is raised by December 31, 2010. Background The effort to build a skate park began in early 2003 when a group led by Mr. Roger Streich began meeting on a regular basis. The cost for such a facility is estimated between $300,000 and $400,000. In February 2005 the Leisure Services Advisory Committee analyzed various possible locations for a Skate Park and ultimately recommended that such a facility be constructed near Lions Beach at the Southwest corner of Palmer Drive and South Main Street. On the regular scheduled City Council meeting on April 11, 2005 the Council voted on the Leisure Services Advisory Committee’s recommendation. The measure failed and a new motion was made and passed to locate the skate park on Palmer Drive. A public hearing was held and the City Council selected the current Palmer Park location as the preferred site. Since this time period there have been several fund raising efforts by the group as well as meetings and discussions with the City on where the park should be located. Supporters of the skate park believe that having a set site will make donating seem more attractive, as opposed to having no specified spot available. Currently there is a total of $25,906 in private funds raised for the Skateboard Park facility effort. There has been support in the past from multiple community groups to have a skate park built. At this time Mr. Streich has indicated he believes that public dollars are necessary to supplement donations in order to raise enough money for the park. Attached is a letter from Mr. Streich, who will also be available to answer any questions from the Council. If you have any questions, please feel free to contact me. CC: Eric Levitt, City Manager Jacob J. Winzenz, Assistant City Manager/Director of Administrative Services Community Development Department Memorandum December 1, 2009 TO: City Council FROM: Bradley Cantrell, Community Development Director SUBJECT: Lincoln-Tallman Property Lease Renewal – Lease Amendment No. 8 Summary The Community Development Department has prepared a one-year lease extension for the Lincoln-Tallman House with the Rock County Historical Society (RCHS) with the reduced operating subsidy of $45,000 and an additional $4,400 for grounds maintenance as approved in the 2010 adopted City budget. The lease agreement provides for an extension of the lease for an additional two year period upon approval of an acceptable business plan by the City Council. In addition, language has been included in the lease to restrict the use of funds for expenses associated with the maintenance and operation of the Lincoln-Tallman House and grounds as was provided for in the 2008 lease. City Manager’s Recommendation The City Manager supports adoption of a one-year lease extension at this time with a provision for an extension for an additional two years contingent upon approval of an acceptable business plan by the City Council. As we have been evaluating the parameters for a business plan, I believe that the $45,000 should be the minimum spent on an operating contract this year. Suggested Motion Move to adopt Renewal Lease Agreement No. 8 for the Lincoln-Tallman property. Request In 1950, George and Alice Tallman donated the Tallman House to the City of Janesville to be used and maintained permanently as a public museum. The donation allowed the City to lease the property to the Rock County Historical Society (RCHS) to maintain and operate the property. The Tallman House has been leased to the RCHS since 1950. The Lincoln-Tallman House lease currently encompasses the entire grounds located at 440 N. Jackson (see attached map). This property includes the Lincoln-Tallman house museum, the Carriage House, and the Wilson-King Stone House. Currently the Lincoln- Tallman House is utilized primarily as a House Museum for walking tours and has some record storage in the basement. The Carriage House was formally used for storage, but is no longer due to its deteriorating structural integrity. The Wilson-King Stone House currently houses the RCHS archives. During the 2010 budget preparations, the City Council reduced the City subsidy to the Tallman House to $45,000 with an additional $4,400 for grounds maintenance. In October the City Manager appointed an Ad Hoc Committee to assist in the preparation of a business plan and programming plan for the Lincoln-Tallman House and grounds. In addition the Committee was given the task to review the structures report and make recommendations to the City Council on repair options, improvement priorities and recommendation on the facilities. The Committee was given 6 months to report back to the City Council with its findings. The Rock County Historical Society (RCHS) has requested that the City Council consider a three year lease with them for the museum operation and have further requested that the funding level remain unchanged over that three year period. They have indicated that they have recently hired a new executive director and would like a slightly longer period of time to have a stable city subsidy in order for the director to make any necessary adjustments. The Administration is supportive of a three year lease provided an acceptable business plan for the Lincoln-Tallman House is approved by the City Council. The Administration believes that the Ad Hoc Committee’s efforts in assisting in the business plan preparation will lay a solid foundation to increase the use of this historic resource. The current lease began on January 1, 2009 and is set to expire on December 31, 2009. In 2009 the Lincoln-Tallman subsidy was $50,000 for operations and an additional $4,400 for grounds maintenance. The City Administration is recommending that the City Council extend the lease agreement with the RCHS for one year, starting January 1, 2010 and expiring on December 31, 2010 with an option of extending the lease for an additional two years at the same lease rate provided the City Council approves an acceptable business plan. This lease will reduce the operating subsidy to $45,000 and provide an additional $4,400 for grounds maintenance as approved in the 2010 adopted City budget. The lease agreement No. 8 has been written to provide for up to a two year extension of the lease to December 31, 2012 at the same city subsidy if the City Council approves an acceptable business plan. LINCOLN-TALLMAN PROPERTY LEASE AGREEMENT AMENDMENT NO. 8 THIS AMENDMENT AGREEMENT is made and entered into as of December 14, 2008, by and between the City of Janesville, a Wisconsin municipal corporation (“Janesville”) and the Rock County Historical Society, a Wisconsin corporation operating under Section 44.03 Wis. Stats. As a non-profit, non-stock organization (“RCHS”). WHEREAS, Janesville and the RCHS entered into a Lease Agreement on or about December 2, 1987 (“Lease”) for the Tallman Homestead (as defined therein), and; WHEREAS, Janesville and the RCHS amended the Lease on or about May 9, 1991, effective January 1, 1991 (“Amendment No. 1”). WHEREAS, Janesville and the RCHS amended the Lease on or about December 31, 2000, extending the Lease to July 30, 2001 (“Amendment No. 2”). WHEREAS, Janesville and the RCHS amended the Lease on or about July 31, 2001, extending the Lease to December 31, 2001 (“Amendment No. 3”). WHEREAS, Janesville and the RCHS amended the Lease on or about April 2, 2002, extending the Lease to December 31, 2002 (“Amendment No. 4”). WHEREAS, Janesville and the RCHS amended the Lease on or about January 1, 2003 extending the Lease to December 31, 2007 (“Amendment No. 5”). WHEREAS, Janesville and the RCHS amended the Lease on or about January 1, 2008 extending the Lease to December 31, 2008 (“Amendment No. 6”) WHEREAS, Janesville and the RCHS amended the Lease on or about January 1, 2009 extending the Lease to December 31, 2009 (“Amendment No. 7”) NOW, THEREFORE, for valid consideration, the receipt, adequacy, and sufficiency of which is hereby acknowledged, the parties hereto agree as follows. 1. The above recitals are true and correct. 2. The term of the current Lease, as amended above and herein, is hereby extended commencing on January 1, 2010 and terminating on December 31, 2010. 3. The City’s operating subsidy to the RCHS for the operation of the Lincoln- Tallman House will be $45,000 and $4,400 for grounds maintenance as approved by the City Council in the 2010 City budget. LINCOLN-TALLMAN PROPERTY LEASE AGREEMENT AMENDMENT NO. 8 Page 2 4. The City’s $45,000 of subsidy to the RCHS shall only be used for the Tallman Homestead described in the lease as property including the Lincoln-Tallman House, Lincoln-Tallman Carriage House and the Stone House. The purpose of the funds shall be for expenses associated with operating and maintaining the property as the “Lincoln-Tallman Museum”. 5. If the business plan is submitted to the City Manager during the term of this lease agreement and if the City Council finds the business plan for the Lincoln-Tallman House and Grounds acceptable by approving it in open session. The lease agreement will be extended at the current lease rate for an additional two years or until December 31, 2012. 6. All other terms, promises, obligations, conditions, and benefits set forth in the current Lease as amended, except as expressly and specifically amended or modified by this Amendment No. 8, are each hereby reiterated, affirmed, and incorporated herein unchanged and shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the date first set forth above. CITY OF JANESVILLE ROCK COUNTY HISTORICAL SOCIETY _____________________________ ________________________________________ By: Eric J. Levitt By: Joel Van Haaften City Manager Executive Director _____________________________ ________________________________________ By: Jean Ann Wulf By: Richard Ellingson City Clerk-Treasurer President Approved as to form: _____________________________ Wald Klimczyk, City Attorney Shared/Tallman House Lease Amendment No 8 112009.doc DEPARTMENT OF PUBLIC WORKS MEMORANDUM December 2, 2009 TO: City Council FROM: Mike Payne, Engineering Manager SUBJECT: Direction to Staff on 2010 Sidewalk Program Summary The Council held a sidewalk study session September 6, 2007 to consider changes to Council Policy #70 – Sidewalks, which lead to a follow-up public hearing and Council Action at the January 14, 2008 meeting where the Council adopted a Pedestrian Transportation Corridor Plan (PTCP) and directed revisions to the Policy. The City Sidewalk Policy was updated March 25, 2008 based on Council direction. Engineering requests the Council provide direction regarding three sidewalk related items: 1) Direction on how to proceed for new planned unfunded sidewalk installation in 2010 2) Direction on whether the City should implement a proactive sidewalk inspection program to identify and repair defect sidewalks or continue to facilitate a complaint-only based program 3) Direction on implementing a sidewalk permit fee for property owners who privately coordinate sidewalk improvements outside the City Sidewalk Program Following Council direction, Engineering will amend Council Policy #70 – Sidewalks and return to Council at a future meeting for formal approval. Recommendations The Engineering Division makes the following recommendations: ? Establish a proactive sidewalk inspection program in coordination with the annual street resurfacing program. ? Establish a sidewalk permit fee of $185 to recover the City’s overhead costs of coordinating private sidewalk construction or repairs rather than including the overhead in the assessment rate for administering the sidewalk program. \\petey\cojhome\agenda review\approved agenda items\2009\12-14-2009\sidewalk program direction - memo.doc The Engineering Division does not have a recommendation concerning when to implement the planned unfunded sidewalk program. This is a policy issue best left to the discretion of the City Council. City Manager Recommendation The City Manager recommends instituting the sidewalk permit fee consistent with the 2010 budget discussion, but does not have a recommendation on the remaining points. Discussion Planned Unfunded Sidewalk The current Council Policy for planned unfunded sidewalk indicates the City will start constructing approximately nine (9) miles of new sidewalk beginning in 2009 and continue with this approach until complete. There are approximately 63 miles of planned unfunded sidewalk “gaps” in the City sidewalk network. It is anticipated the sidewalk gaps would be completed within seven (7) years of commencing sidewalk construction. Planned unfunded sidewalk requires the abutting property owners to pay for the sidewalk installation through an assessment process. The property owners are given the option to construct the sidewalk themselves, hire a private contractor, or have the City sidewalk contractor complete the work. If the City coordinates the installation, property owners have four (4) options to pay for the work: 1) Pay in one lump sum. 2) Pay the sidewalk assessment on a five (5) year plan at the City’s current interest rate. 3) Make a request to the Council for a financial hardship and spread the payments over 10 years rather than five (5) years at the City’s current interest rate. 4) An individual over the age of 64 at an owner occupied residence with a family income less than 50% of the County median income may apply for payment under state statute 74.77 which places a lien on the property in lieu of requiring payment. Property owners living at corner lots pay for the full cost of sidewalk installation on the first frontage ordered to be constructed but are granted an exemption for the first 70 feet on the second frontage constructed. The corner lot exemption was added to Sidewalk Policy in 1999. The 2010 Major Capital Projects budget includes funding to implement nine (9) miles of planned unfunded sidewalk in 2010 if the Council wishes to implement the current Sidewalk Policy. In 2009, the Council directed staff not to propose nine (9) miles of planned unfunded sidewalk, but rather limited the consideration to citizen requested locations. \\petey\cojhome\agenda review\approved agenda items\2009\12-14-2009\sidewalk program direction - memo.doc Sidewalk Inspection Program The Engineering Division currently administers a complaint based sidewalk defect program. Staff logs all sidewalk complaints and visits every location to determine if there is a sidewalk defect. Complaints generally come in one of two forms – 1) a concern at a particular address or 2) a concern with a particular walking route, consisting of specific blocks. Once the inspection is performed, temporary asphalt wedges are installed, if necessary, and a letter is sent to the property owner outlining options for correcting the defect. Replacement sidewalk is handled similar to new sidewalk where property owners are given the opportunity to complete the work themselves, hire a private contractor, or have the City sidewalk contractor complete the work. The City is liable for sidewalk defects when the City becomes aware of a potential defect. The City has been sued for injuries based on sidewalk defects and has paid approximately $16,000 in claims over the last 3 years. In evaluating Janesville and 13 comparable Cities, approximately 30% of our comparable cities coordinate complaint based programs while 70% perform some type of a proactive approach in addition to addressing specific complaints. In 2009, there were 228 property owners with defect sidewalks based on complaints received. Three options are available for managing sidewalk defects: 1) Leave the current complaint-based process in place. 2) Establish a proactive sidewalk inspection program where Engineering staff inspects sidewalk at the same time curb & gutter is inspected prior to street rehabilitation. The City typically rehabilitates approximately 11 miles of street centerline which could be up to 22 miles of sidewalks to evaluate annually. During the 2010 budget review process, the Council agreed with a staff recommendation not to assess property owners for curb and gutter replacement in the future when streets are rehabilitated. This decision eliminates the possibility of burdening property owners with paying for curb & gutter and sidewalk repairs at the same time. 3) Establish a proactive sidewalk inspection program where the City is divided into zones with the intent of proactively inspecting one zone per year. There is approximately 345 miles of street centerline in Janesville but not all streets have sidewalks. So for example, if 10 zones were created, there would be approximately 34.5 miles of street centerline which could require up to 69 miles of sidewalk be inspected in a given year. Option Pros Cons No Change ?? Effectively responds to Does not proactively identify and citizen complaints to resolve repair defective sidewalk which may sidewalk defects. in turn lead to injury. ?? Cost effective to allow the May make it more difficult to defend users of the sidewalks to City in trip and fall lawsuits. notify the City of potential sidewalk defects. \\petey\cojhome\agenda review\approved agenda items\2009\12-14-2009\sidewalk program direction - memo.doc Option Pros Cons Inspection in ?? More efficient to inspect Additional staff costs to inspect conjunction with sidewalks at the same time sidewalk, mail notices to property street rehabilitation as the curb is inspected owners, and follow-up program. ?? May reduce the incidences Some streets are not rehabilitated for of injury due to defective long periods of time (20 years) and sidewalk thus sidewalks will not be inspected ? regularly May be easier to defend the City if trip and fall lawsuits Inspection based ?? Guarantees every sidewalk Additional staff costs to inspect upon regular cycle will be inspected for defects sidewalk, mail notices to property on a regular basis owners, and follow-up. More ? expensive than Option 2 because May reduce the incidences additional inspector would be sent of injury due to defective into field to only inspect sidewalks. sidewalk ? ? Significant additional workload for the Will make it easier to defend Engineering Division and may require the City if trip and fall additional staff. lawsuits Sidewalk Permit Fee The construction or repair of public sidewalks by private property owners is permitted by state statutes, city ordinance and city policies. A consistent message City staff receives during coordination of sidewalk programs is about the fairness and equity issues surrounding the private construction or repair of sidewalks. The primary issue with private sidewalk construction or repair versus the City administered construction is that all city related overhead costs are recovered through the assessment process. This means property owners constructing or repairing sidewalk privately avoid their share of total program overhead costs and pass them along to property owners choosing to have the City build or repair their sidewalks through City managed Public Works contracts. There are three (3) options for the Council to consider regarding this issue: 1) No change to the current process. 2) Fund all overhead costs through program borrowing with the corresponding debt service paid for by a General Fund. 3) Fund the overhead costs related to private construction through the institution of construction / repair permit fees. The pros and cons of each option are summarized in the following table. Option Pros Cons No Change ?? No additional steps needed Doesn’t address equity issues ? Fewer oversight opportunities Program Borrowing ?? Spreads costs city-wide Borrowed funding yields additional ? interest expense Induces contribution of those without sidewalks \\petey\cojhome\agenda review\approved agenda items\2009\12-14-2009\sidewalk program direction - memo.doc Option Pros Cons Program Borrowing ? Less administrative (cont.) overhead ? Eliminates discussion of additional costs over const. Permit Fee ?? Better tracking of private Additional administrative process ? construction Additional bill to those citizens ? Pays for services used electing private construction Engineering proposed a sidewalk permit fee as part of the 2010 budget enhancement/reduction process. At that time, different fee amounts were proposed for new construction versus repair, but that is no longer the recommendation. Staff analyzed several different sets of data to determine a probable fee that would recover the associated staffing costs of the program. The most reasonable appears to utilize an estimated 3.75 hours spent for each property privately coordinating construction or repair of sidewalks. This results in a proposed fee of $185 based on applying an averaged fully burdened hourly rate. This is an equity issue to recover costs and is not proposed as a revenue generating fee. Attachments ? Council Policy #70 – Sidewalks ? 2010 Engineering Budget Reduction #6 (sidewalk permit fee) cc: Eric Levitt Jacob J. Winzenz \\petey\cojhome\agenda review\approved agenda items\2009\12-14-2009\sidewalk program direction - memo.doc NEIGHBORHOOD SERVICES MEMORANDUM December 3, 2009 TO: City Council FROM: Kelly Lee, Neighborhood Development Specialist SUBJECT: Action on a proposed Resolution Authorizing the Acquisition and Demolition Of Real Properties Located at 1708 Charles Street and 1709 Joseph Street for Open Green Space. (File Resolution 2009- 662) Summary On November 23, 2009 the City Council authorized the administration to submit and amendment to the Community Development Block Grant-Emergency Assistance Grant to include the acquisition of the properties that were damaged by the 2008 flood, but were not eligible for the Hazard Mitigation Grant Program. The City of Janesville currently has a contract with the State of Wisconsin Department of Commerce for administration of this grant. Staff has submitted an amendment to the initial application and anticipates receiving an award that would allow for the purchase of the two properties located at 1708 Charles Street and 1709 Joseph Street. Department Recommendation The Plan Commission and the Neighborhood Services Department recommend that the City Council support a motion to approve Resolution 2009-662 authorizing the acquisition and demolition of real properties located at 1708 Charles Street and 1709 Joseph Street for open green space. City Manager Recommendation The City Manager concurs with the recommendation. Suggested Motion I move to approve file resolution 2009-662 authorizing the acquisition and demolition of real properties located at 1708 Charles Street and 1709 Joseph Street subject to grant funding for open green space. Background In June of 2008, the City of Janesville experienced a flood level greater than the Intermediate Regional Flood (100 year event). The 2008 event was the largest flood event on record in the City of Janesville. Hundreds of residents were evacuated, city buildings and infrastructure were damaged and dozens of businesses were forced to close their doors. 1 The subdivision known as Mole & Sadler’s was inundated with flood waters. Joseph Street was under running water and portions of Charles Street were in backwater conditions. On July 28, 2008 the City Council authorized the Administration to apply for the Hazard Mitigation Grant Program (HMGP). The HMGP assists state and local communities in implementing long-term hazard mitigation measures following major disaster declaration. The City of Janesville submitted twelve properties for review under this program. On July 1st, 2009, Wisconsin Emergency Management contacted staff to inform them that nine of the twelve properties had been approved by FEMA; however three properties were removed from the application because of concerns about ground water contamination. On nd November 2, 2009, the City of Janesville received an official denial from FEMA regarding the properties located at 1708 Charles Street, 1709 Joseph Street and 1110 Hamilton Street. The sites were identified as contaminated during the environmental review process. Although the DNR has written a clearance letter for these properties citing natural attenuation as the only solution to the contamination issue, FEMA will not fund the acquisition of these properties. Therefore, Staff has pursued other funding sources for these flood damaged properties. The Community Development Block Grant-Emergency Assistance Program can be used to fund the acquisition of properties damaged by the 2008 flood that were owner occupied by a low to moderate income household. Two of the three properties that we denied by FEMA qualify for this grant funding (the third th property will be discussed in closed session on December 14) The City of Janesville has submitted an amendment to the original CDBG-EAP contract with the Wisconsin Department of Commerce and anticipates funding for the acquisition of the properties located at 1708 Charles Street and 1709 Joseph Street. Similar to the Hazard Mitigation Grant Program rules, offers to purchase are based on a pre-flood appraisal minus any duplication of benefits including insurance and FEMA assistance. Staff has verified with Wisconsin Department of Commerce that the appraisals and review that were accepted by Wisconsin Emergency Management will also be approved by Commerce. Using this formula, the offer to purchase for 1708 Charles Street is $43,212.29 and for 1709 Joseph is $68,383.12. The participation in this “Buy-Out” is completely voluntary and the citizens could choose to terminate negotiations with the city at any time. The grant requires that acquired properties be demolished and left in open green space in perpetuity. Staff is exploring prairie grass options for plantings on these lots thereby minimizing the maintenance requirement for the properties. For health and 2 safety reasons the grant does not allow for the structure or any part of the structure which has incurred substantial damage to be salvaged. City Staff, as well as a grant-paid relocation consultant, met with the two property owners on November 19th, 2009, to discuss relocation benefits, approved appraisals and next steps. The Community Development Block Grant-Emergency Assistance Program does not have a local match requirement. Analysis A. The properties are located in a flood plain B. The properties have been declared substantially damaged. C. The structures are currently vacant. D. The properties are considered unbuildable at this time. E. The acquisition and demolition is funded by the Community Development Block Grant-Emergency Assistance Program (CDBG-EAP) F. The City Council approved the amendment to the CDBG-EAP at the November 23, 2009 meeting. G. The properties will be left as permanent open green space and under City Ownership. H. The acquisition and demolition projects are consistent with the City of Janesville’s Comprehensive Plan. Plan Commission Minutes Duane Cherek, Manager of Planning Services, presented the written staff report. Chairperson Helgerson questioned if documented environmental contamination posed a concern during demolition of the properties. Cherek indicated that since the contamination exists in groundwater and soils below the surface, removal of structures should not result in exposure of those materials. Cherek stated the DNR indicates that the contamination will disappear over time through natural attenuation. Upon building removal, the properties will be restored and maintained as green space. There was a motion by Commissioner Perrotto to forward the proposed acquisition of 1708 Charles Street, 1709 Joseph Street and 1110 Hamilton Avenue to the City Council noting that the Plan Commission has not reviewed the financial aspects of this transaction. Commissioner Voskuil seconded the motion. The motion carried on a 6-0-0 vote. cc: Eric Levitt, City Manager Jay Winzenz, Director of Administrative Services/Assistant City Manager Jennifer Petruzzello, Neighborhood Services Director 3 RESOLUTION NO. 2009-662 A RESOLUTION AUTHORIZING THE ACQUISITION AND DEMOLITION OF REAL PROPERTIES LOCATED AT 1708 CHARLES STREET AND 1709 JOSEPH STREET FOR OPEN GREEN SPACE. WHEREAS , Wis. Stats. §§ 62.22 (1), 62.23 (17) (a), 62.23 (17) (b), 66.0101, 62.11(5) and Chapter 32 and other pertinent Wisconsin Statutes permit the City of Janesville’s acquisition, development, improvement, ownership, protection, and conservation of parkland, open space, green space, riverfront properties, and development properties; and WHEREAS, the City of Janesville has been applied for and anticipates being awarded funding through the Community Development Block Grant (CDBG-EAP) grant to acquire and demolish properties that were substantially damaged in the 2008 Flood Event (Disaster Declaration FEMA- 1768-DR-WI) and did not qualify for the Hazard Mitigation Grant Program (HMGP); and WHEREAS , the Community Development Block Grant-Emergency Assistance Program (CDBG-EAP) grant may be used for the acquisition, demolition, razing, and removal of the improvements upon the properties located at 1708 Charles Street and 1709 Joseph Street,; and WHEREAS , Wisconsin Department of Commerce has accepted the Emergency Management approved pre-flood property appraisals and has calculated the offer to purchase amounts based on pre-flood property values minus any duplication of benefits including FEMA assistance, insurance, and other assistance programs; and WHEREAS , the City of Janesville anticipates making the following offers contingent upon Community Development Block Grant-Emergency Assistance Program funding: 1708 Charles Street ($43,212.29) and 1709 Joseph Street ($66,383.12); and WHEREAS , the Community Development Block Grant-Emergency Assistance Program requires that acquired properties remain in open green space and under City ownership in perpetuity; and WHEREAS , the Janesville Plan Commission has reviewed these proposed acquisitions on December 7th, 2009 and found them to be consistent with long range City plans, but not commenting upon the financial aspects of the transactions; and WHEREAS , the Common Council hereby find each of these acquisitions are in the best interest of the public and for the benefit of the community; and WHEREAS , the funding source for the acquisitions and demolition is Community Development Block Grant-Emergency Assistance (CDBG-EAP) funds: NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Janesville that they hereby approve and authorize the City Manager and/or his designee(s), on behalf of the City of Janesville, to acquire and close upon the City’s purchase of these Properties from the owners for the purchase price and otherwise in the manner set forth in the above recitals, and to then use in perpetuity the acquired properties as open green spaces and otherwise in accord with all Program rules; and BE IT FURTHER RESOLVED , that the City Manager and/or his designee(s) on behalf of the City of Janesville is/are hereby authorized and empowered to negotiate, draft, modify, review, execute, and enter into additional agreements, record, file and/or make minor modifications and/or amendments to any and all documents, papers, forms, and agreements, and to take whatever other actions as the City Manager may determine, from time to time and at any time, necessary and/or desirable to effectuate the intent of this resolution and/or the public good. ADOPTED: Motion by: Second by: APPROVED: Councilmember Aye Nay Pass Absent Brunner McDonald Eric J. Levitt, City Manager Perrotto Rashkin ATTEST: Steeber Truman Voskuil Jean Ann Wulf, City Clerk-Treasurer APPROVED AS TO FORM: City Attorney, Wald Klimczyk Proposed by: Neighborhood Services Prepared by: Neighborhood Services α½µ 窻® ïéðç ïéðè Ö±­»°¸ ݸ¿®´»­ q Ô»¹»²¼ Ú´±±¼©¿§ øßÛ÷ Í«¾¶»½¬ Ю±°»®¬·»­ ïððóÇ»¿® Ú´±±¼ øßÛ÷ Ü¿¬»æ ïïñíðñðç ͽ¿´»æ ïþã ïððù ëððóÇ»¿® Ú´±±¼ øÈ÷ Ó¿° ݱ±®¼·²¿¬»æ Õóïè ÔÑÝßÌ×ÑÒ ÓßÐ Ý×ÌÇ ÑÚ ÖßÒÛÍÊ×ÔÔÛ ßÝÏË×Í×Ì×ÑÒ ÑÚ ÐÎÑÐÛÎÌ×ÛÍ É×ÌØ×Ò ÌØÛ ÓßÐ ï ÐÔßÒÒ×ÒÙ ÍÛÎÊ×ÝÛÍ ÓÑÔÛ ú ÍßÜÔÛÎ ßÜÜ×Ì×ÑÒ ÍæЮ±¶»½¬­Äд¿²²·²¹ÄÝ¿­»­ÄîððçÄÕóïèÁß½¯«·­·¬·±²óÓ±´»óÍ¿¼´»®óЮ±°»®¬·»­ NEIGHBORHOOD SERVICES MEMORANDUM November 25, 2009 TO: City Council FROM: Jennifer Petruzzello, Neighborhood Services Director SUBJECT: Action on a Proposed Resolution Authorizing the Acquisition of Property at 404 Johnson Street (File Resolution #2009-654) Summary Five hundred Thousand ($500,000) dollars were included within the 2009 Note Issue for neighborhood and downtown property acquisitions. Funding for neighborhoods was included to acquire vacant and/or blighted properties in the central city residential neighborhoods. The property located at 404 Johnson Street is 2-unit rental property at the corner of High Street and Johnson Street. It is located across the street from the Fourth Ward Neighborhood Park. The residential units are in poor condition. An offer to purchase the property has been negotiated in the amount of $30,000, subject to City Council approval. The property would then be demolished at an estimated cost of $12,000. One tenant would be eligible for relocation benefits not to exceed $7,000. Options for the reuse of the property include leasing it to adjoining property owners or the donation of the property to a non-profit for the construction of a new single family home. Department Recommendation Neighborhood Services has viewed the property and site and recommends that the property be acquired and demolished. Staff will continue to explore options for the reuse of the site, and will come back to Council with a recommendation to either lease the lot to adjoining property owners or donate the lot to a non-profit for the construction of a single family home. City Manager Recommendation The City Manager concurs with the Department recommendation. Suggested Motion I move to approve File Resolution #2009-654 authorizing the purchase of real property located at 404 Johnson Street for the purpose of blight elimination and neighborhood stabilization as consistent with the City of Janesville Look West and Old Fourth Ward Neighborhood Revitalization Plan. 1 Background The property located at 404 Johnson Street is 2-unit rental property at the corner of High Street and Johnson Street. It is located across the street from the Fourth Ward Neighborhood Park. The property is 49 feet wide by 120 feet deep, totaling .135 acres. There is a 1792 square foot, 2-story, 2-unit home located on the lot. There is no garage on the property. The residential units are in poor condition. The 2008 assessed value for the lot and improvements is $56,500 with and estimated fair market value of $68,953. The owners of 404 Johnson Street have approached city staff requesting the City consider purchasing their 2 unit rental property. The property owners recently inherited the property and have found it to be in poor condition. They had heard about the City’s Neighborhood Development efforts and contacted the City prior to contacting a real estate agent, and they have agreed to sell the property for $30,000. They would like to close on the property before the end of the year. Because the property sits on an irregular shaped lot with regard to size and width, and the property is in poor condition, Neighborhood Services proposes to demolish the house and either lease the lot to adjoining property owners or donate the property to Habitat for Humanity for the future construction of a single family home. This project would be consistent with City goals for addressing housing quality in the Look West and Old Fourth Ward Neighborhoods. If rehabbed, numerous repairs would be needed In order to meet minimum housing quality standards, including chipping and peeling lead paint, windows, roof leaks, and electrical issues. The building’s asbestos siding is also pealing and there appears to be significant structural issues. Staff believes that demolition of this property is preferable to rehabilitation. Acquisition and demolition of this property and relocation benefits is anticipated to cost approximately $49,000 and is proposed to be funded through the 2009 note issue. The 2009 note issue included $500,000 in funding for vacant and/or blighted projects. Funding is proposed in recognition of the major neighborhood planning effort underway and the insufficient funds that are available under the Community Development Block Grant (CDBG) Program. This would be the first property funded under the 2009 note issue funding. Analysis This proposal addresses some critical issues of The Look West and Old Fourth Ward Neighborhood Revitalization Plan, including: ? Eliminates a nuisance property (5 housing and nuisance complaints in the last 5 years and 44 calls for Police Service in the last 3 years) ? Increases the rate of home ownership by eliminating a 2 unit rental property ? Improves conditions for neighboring property owners ? Eliminates poor quality housing 2 ? Allows for the expansion of the Fourth Ward Neighborhood Park (if lease is ultimately pursued rather than redevelopment) Given the property condition and the local housing market, acquisition costs are anticipated to be low relative to the potential benefits. Staff estimates the cost of demolition will not exceed $12,000 and the cost of relocation will not exceed $7,000; bringing the net cost for the project to a maximum cost of $49,000. Our recent experience indicates that many residential properties are being bought throughout Janesville and are being used as rental properties with no improvements or minimal improvement being made to the properties. Janesville does not currently have a shortage of affordable housing (we are hearing of a 15% vacancy rate); although it is arguable that we are experiencing a shortage of quality affordable housing. The Parks and Open Space Plan notes that properties adjacent to substandard Neighborhood Parks should be reviewed for possible acquisition when they come on the market. The Plan defines substandard neighborhood parks as those that are less than two acres in size. The Fourth Ward Park is just over 2 acres at 2.05 acres. The expansion of Fourth Ward Park was identified within the City of Janesville Look West and Old Fourth Ward Neighborhood Revitalization Plan adopted in December of 2008. The plan indicated that both Fourth Ward and Washington Parks are currently very small given their level of usage and importance to the neighborhoods. The plan notes that the parks are essentially surrounded by development, and expansion would need to be coordinated with a careful, strategic effort to acquire surrounding blighted properties. Pursuing the lease of the lot to adjoining property owners would facilitate the future expansion of the park. As further support for this concept, the Fourth Ward Neighborhood Plan, approved in 1991, included a land use development plan for the expansion of the Fourth Ward Park. The proposed expansion included the triangle of land to the north of the park, boarded by Park Street, Johnson Street, and High Street. Staff has contacted Habitat for Humanity regarding their interest in vacant lots for the redevelopment of housing. They indicated that they would in fact be interested in acquiring a vacant lot in the City sometime after March of 2010. Staff has contacted the adjoining property owners regarding their potential interest in purchasing or leasing the lot once vacant. At this time, the owners are not interested in purchasing the land, however, they are considering a lease agreement. Attachments: Property Data Information Site Map Fourth Ward Neighborhood Plan Map cc: Eric Levitt, City Manager Jay Winzenz, Assistant City Manager and Director of Administration 3 RESOLUTION NO. 2009-654 RESOLUTION AUTHORIZING THE ACQUISITION OF REAL PROPERTY LOCATED AT 404 JOHNSON STREET WHEREAS , Wis. Stats. §§ 62.22 (1), 62.23 (17)(a), 62.23 (17)(b), 66.0101, 62.11(5), Chapter 32, and other pertinent Wisconsin Statutes permit the City’s acquisition, development, ownership, protection, improvement, conservation, public use, demolition, disposition, and other disposal of parkland, open space, riverfront properties, blighted properties, redevelopment, and development properties; and WHEREAS, the City Council approved Five Hundred Thousand Dollars ($500,000) in the 2009 Note issue for neighborhood and downtown property acquisitions, in part to acquire vacant and/or blighted properties in the central city residential neighborhoods; and WHEREAS , the acquisition of 404 Johnson Street for the purpose of blight elimination and neighborhood stabilization is consistent with the City of Janesville Look West and Old Fourth Ward Neighborhood Revitalization Plan adopted December 8, 2008, which identifies home and property maintenance, home ownership and parks and open space among the critical issues for neighborhood improvement; and WHEREAS , the Janesville Plan Commission has reviewed this proposed acquisition on November 16, 2009 and found it to be consistent with long range City plans, but not commenting upon the financial aspects of the transaction; and WHEREAS , the City of Janesville Administration has negotiated an offer to purchase 404 Johnson Street in the amount of Thirty Thousand dollars ($30,000); and WHEREAS , the Council find this acquisition and proposed public use(s) in the best interest of the City and of benefit to the public; and WHEREAS , the demolition cost is estimated at Twelve Thousand Dollars ($12,000); and WHEREAS , the relocation cost is estimated at less than Seven Thousand Dollars ($7,000); and WHEREAS, the funding source for the acquisition and demolition is the 2009 Note Issue. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Janesville that the City’s acquisition of 404 Johnson Street in the amount of Thirty Thousand Dollars ($30,000) for the above described public purpose(s) is hereby approved and authorized; the City Manager and/or his designee(s) may acquire and close upon the City’s purchase of the Property from the owner(s) on behalf of the City; and BE IT FURTHER RESOLVED , that the City Manager and/or his designee(s), on behalf of the City of Janesville, is/are hereby authorized and empowered to negotiate, draft, modify, review, execute, and enter into additional agreements, record, file, and/or make minor modifications and/or amendments to any and all documents, papers, forms, and agreements, and to take whatever other actions as the City Manager may determine, from time to time and at any time, necessary and/or desirable to effectuate the intent of this resolution and/or the public good. ADOPTED: Motion by: Second by: APPROVED: Councilmember Aye Nay Pass Absent Brunner McDonald Eric J. Levitt, City Manager Perrotto Rashkin ATTEST: Steeber Truman Voskuil Jean Ann Wulf, City Clerk-Treasurer APPROVED AS TO FORM: Wald Klimczyk, City Attorney Proposed by: Neighborhood Services Department Prepared by: Neighborhood Services Director DEPARTMENT OF PUBLIC WORKS MEMORANDUM December 2, 2009 TO: City Council FROM: Mike Payne, Engineering Manager SUBJECT: Award of Bid Schedule “L” – 2009 Contract 2009-29, Landfill Gas Collection System - Phase 1 Summary Bids for Contract 2009-19 were opened on Wednesday, December 2, 2009. The Engineering Division is recommending award of this contract to the low bidder, as shown on the attached tabulation of bids. Recommendation Following review by the Council, the Engineering Division recommends award of Contract 2009-29 to the low bidder. City Manager Recommendation: The Operations Director recommended and the City Council included funding for installation of five landfill gas collection wells in Cell 1 of the landfill in the 2009 borrowing. It is believed that Cell is the largest source of odor. Typically the wells are not installed until final closure of a cell, but given the extent of the odor problem, the Operation Director recommended moving ahead. These wells will likely have to be replaced when final closure of Cell 1 is completed in 2011. Suggested Motion I move to award Contract 2009-29 to Terra Engineering and Construction Corporation. Background Contract 2009-29, Landfill Gas Collection System – Phase 1 This project provides for installation of 5 temporary vertical gas extraction wells, 1,500 L.F. of 8”-12” gas header pipe and 1,000 L.F. of 6” lateral pipe in cell 1 at the landfill. The work is necessary to remain in compliance with WDNR requirements. Funding for the contract in the amount of $130,000 was included in the 2009 Note Issue. We received four (4) bids for this project, with Terra Engineering and Construction Corporation providing the low bid. The Engineering Division is \\petey\cojhome\agenda review\approved agenda items\2009\12-14-2009\award of contacts bid schedule l - memo.doc recommending award of this contract to Terra Engineering and Construction $128,623.75. Corporation of Madison, Wisconsin in the amount of Attachment cc: Eric Levitt Jacob J. Winzenz \\petey\cojhome\agenda review\approved agenda items\2009\12-14-2009\award of contacts bid schedule l - memo.doc Bid Opening: 2 December 2009 Page 1 of 1 CITY OF JANESVILLE TABULATION OF BIDS PUBLIC WORKS BID SCHEDULE “L” – 2009 2009-29 LANDFILL GAS COLLECTION SYSTEM – PHASE 1 Terra Engrg. & Construction Corp. Total Bid: $128,623.75 2201 Vondron Road Madison, WI 53718-6795 Meise Construction, Inc. Total Bid $145,750.00 1290 Oak Street Plain, WI 53577 Integrity Grading and Excavating, Inc. Total Bid: $162,052.72 605 Grossman Drive Schofield, WI 54476 Rawson Contractors, Inc. Total Bid: $199,855.00 P.O. Box 259539 Madison, WI 53725 \\Petey\COJHome\Agenda Review\Approved Agenda Items\2009\12-14-2009\Award of Contracts Bid Schedule L - Attach.doc CITY MANAGER’S MEMORANDUM December 1, 2009 TO: City Council FROM: Eric J. Levitt SUBJECT: Confirm Council President appointments to the Ice Skating Advisory Committee Request I request the Council confirm the appointments of the Council President requiring confirmation. City Manager Recommendation No recommendation. Motion I move to confirm the appointments of the Council President requiring confirmation. Summary Recently the Council established a new Ice Skating Center Advisory Committee. The Citizens Advisory Committee on Appointments met to make their recommendations for Council citizen nominees to this committee. Please find below their recommendations. President Truman is appointing those recommended by the Committee. Application forms for those recommended by the Committee, a listing of all citizens that volunteered, and the unapproved minutes of the Appointment Committee’s 11-12-2009 meeting are included for your reference. Eligibility To be eligible for an appointment to a standing committee, individuals must be a resident of the City of Janesville and have interest or knowledge in the committee’s subject matter. Recommendations for Council President Appointments (confirmed by entire Council) Council President Truman is appointing those recommended by the Committee. Ice Skating Center Advisory Committee ? One citizen member shall represent Janesville's youth hockey organizations; ? One shall represent Janesville's figure skating clubs; ? One shall represent the NAHL/Wisconsin Hockey Partners organization; ? One shall represent the Janesville School District; and ? Two citizen members shall serve at-large. 1 The Committee recommends Steve Walker to represent Janesville's youth hockey organizations; Mardel Wien to represent Janesville's figure skating clubs; Dane Litke to represent the NAHL/Wisconsin Hockey Partners organization; Steven Eichman to represent the Janesville School District; and Elise Erdmann and Bill DeCremer to serve at-large. They also recommend Diane Runde as an alternate hockey representative if Steve Walker is not able to accept the appointment; Kelley Kaiser as an alternate figure skating representative if Mardel Wien is not able to accept the appointment; and Frank Dmuchowski as an alternate at-large member if Elise Erdmann or Bill DeCremer are not able to accept an appointment. Additionally, Council President Truman is appointing Councilmember Rashkin as the councilmember to the committee. Attachments CC: Jacob J. Winzenz, Administrative Services Director Rebecca Smith, Management Assistant 2 Page 1 Fact Sheet for Ice Skating Center Advisory Committee Purpose The purpose of this committee is to advise the City Administration and the City Council on issues regarding the City of Janesville Ice Skating Center. They will also review and make recommendations on matters pertaining to the operation, maintenance, marketing, programming, and fee schedule of the Skating Center based upon the community's needs and interests. Vacancies 6 vacancies One citizen member shall represent Janesville's youth hockey organizations; One shall represent Janesville's figure skating clubs; One shall represent the NAHL/Wisconsin Hockey Partners organization; One shall represent the Janesville School District; and Two citizen members shall serve at-large. Eligibility to Serve To be eligible for an appointment to a committee, individuals must be a resident of the City of Janesville and have interest or knowledge in the committee’s subject matter. They should also represent the categories outlined in the vacancy section. Current Members None. Council President William Truman will be appointing Councilmember Yuri Rashkin as the City Council representative following confirmation from the City Council. Volunteers Name Address Occupation Judith Atkinson (At Evanville Manor – Licensed Large) 552 North Chatham Street Practical Nurse Hedberg Public Library – Material D. Maureen Birchfield Processing Supervisor; Bede (At Large) 326 Kellogg Avenue Reflexology - Reflexologist George Collas (At Regal Cutting Tools – Accounting Large) 139 Forest Park Boulevard Manager Bill DeCremer (At Large) 1111 North Lexington DriveRetired Frank Dmuchowski Retired IT Executive at Garden (At Large) 317 Lyndhurst Drive City Group, Inc. Steven Eichman School District of Janesville – (School District rep.) 828 Victoria Place Manager of Purchasing Elise Erdmann (At SPX Corporation – Production Large) 1711 Meadowlark Drive Planner/SAP Superuser Goldstein, Chuck (At Large) 4027 Wilshire Lane Johnson Bank – Insurance Agent Sandy Heidecker (At 1105 Kellogg Avenue; Apt. Creative Community Living Large)A7 Services – Caregiver Page 2 Name Address Occupation Joe Hoppenjan (At Large) 1112 Burbank #208 None Francis James (At Large) 1158 Richardson Street Retired – General Motors Kelley Kaiser (Figure Skating rep.) 2307 Plymouth Avenue Sam’s Club Jeffery Keena (At Large) 1402 South Willard AvenueRath Gibson Tom Lemmer (At Large) 324 Linn Street Family Dollar Dane Litke Wisconsin Hockey Partners – (NAHL/WHP rep.) 2619 Affirmed Drive Hockey Coach Diane Runde (Youth Janesville School District – Hockey rep.) 3823 Curry Lane Teacher Gary Schmidt (At Large) 3718 Chesapeake Avenue General Motors – Assembler Phil Schram (At Large) 1228 Grace Street SSI Technologies - Engineer Steve Stephenson (At Large) 1062 South Pearl Street Unemployed Terry Thompson (At Large) 1411 Sharon Street General Motors – Retired James Wagman (At Retired Health Care Large) 1529 Dayton Drive Administrator Steve Walker (Youth Mercy Health System – Hockey rep.) 513 Oakland Avenue Purchasing Agent Mardel Wien (Figure 1202 North Washington Unemployed; Counseling/social Skating rep.) Streetwork The applicants below indicated on their Committee Member Application Form a desire to serve on “Any Committee”. Judith Atkinson Bill DeCremer Sandy Heidecker Joe Hoppenjan Francis James Jeffery Keena Tom Lemmer Gary Schmidt Phil Schram Steve Stephenson James Wagman Record of Citizen Advisory Committee on Appointments November 12, 2009 Page 1 Meeting of the City of Janesville Citizen Advisory Committee on Appointments held in the Municipal Building first floor conference room on November 12, 2009 Committee Members Present: David Riemer, Judith Detert-Moriarty, Mary Willmer-Sheedy and Ron Combs Staff Present: Rebecca Smith Agenda Items Roll Call The meeting began at approximately 2:33PM with Detert-Moriarty, Riemer, Willmer-Sheedy and Combs present. Approval of October 5, 2009 meeting minutes Reimer motioned approval of the minutes. Combs seconded the motion and the vote was 4- 0-0 in favor. Selection of recommended nominees for the following Boards, Commissions and Committees Ice Skating Center Advisory Committee Following committee discussion, Reimer motioned to recommend Dane Litke to represent the NAHL/Wisconsin Hockey Partners organization; Steven Eichman to represent the Janesville School District; Steve Walker to represent Janesville's youth hockey organizations; Mardel Wien to represent Janesville's figure skating clubs; Elise Erdmann and Bill DeCremer to serve as at-large members. The motion also included Diane Runde as an alternate hockey representative if Steve Walker is not able to accept the appointment; Kelley Kaiser as an alternate figure skating representative if Mardel Wien is not able to accept the appointment; and Frank Dmuchowski as an alternate at-large member if Elise Erdmann or Bill DeCremer are not able to accept an appointment. Detert-Moriarty seconded the motion and the vote was 4-0-0 in favor. Action on Possible Changes to Committee Member Application Form Following discussion of the handout provided to the committee based on questions asked before the meeting, Combs motioned two concepts be added to the letter sent to committee chairs at the beginning of year: The letter should let the chairs know that they may contact any appointment committee member to share their ideas regarding individuals that should be appointed or attributes they would like to see represented on the committee. The letter should state that if a chair knows of a city resident that would be well suited for committee service that the chair is encouraged to invite the person to volunteer by completing an application form and to let the citizen know to mention his or her contact with the chair on the form. Riemer seconded the motion and the vote was 4-0-0 in favor. Record of Citizen Advisory Committee on Appointments November 12, 2009 Page 2 Riemer motioned to include two new questions on the application form: How long have you been a City of Janesville resident? Do you own or rent your home? Combs seconded the motion and the vote was 4-0-0 in favor. The meeting was adjourned at approximately 3:20PM. These minutes are not official until approved by the Citizen Advisory Committee on Appointments. Rebecca Smith, Management Assistant Community Development Department Memorandum Date: November 24, 2009 TO: Janesville City Council FROM: Gale S. Price, AICP, Building & Development Services Manager SUBJECT: Introduction and schedule a public hearing on a proposed ordinance amending the City’s Building, Vehicles and Traffic, and Housing Regulations regarding fees for re-inspections (File Ordinance No. 2009- 447). At the direction of the City Council the Community Development Department has drafted an ordinance amending the City’s Building, Vehicles and Traffic, and Housing regulations to amend the current language for re-inspection fees for the Building Code and to establish re-inspection fees within the Vehicles and Traffic and the Housing Regulations. This ordinance is proposed as the result of a study session earlier in 2009 regarding Code and Building Enforcement policies and procedures. The Council consensus regarding the study session item included the need to establish additional re-inspection fees for code violations including re-inspections for raze-or-repair agreements, housing complaints and abandon vehicle violations. The Community Development Department recommends that following the first reading of Ordinance No. 2009-447, it be scheduled for public hearing on January 11, 2010. cc: Brad Cantrell ORDINANCE NO. 2009-447 An ordinance amending the City’s Building, Vehicles and Traffic, and Housing Regulations regarding fees for re-inspections, with penalties for violations thereof as set forth in the applicable Chapters of Janesville’s Code of General Ordinances. THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: SECTION I. Sections 15.01.140.VII, VI, V, I.D and II.E of the Code of General Ordinances of the City of Janesville are hereby amended to read as follows: CITY OF JANESVILLE BUILDING PERMIT FEES VII. RE-INSPECTION FEE $50.00 A re-inspection fee shall be charged on residential, commercial or raze or repair building/remodeling projects if the work for which an inspection is requested is not complete so as to be ready for an inspection, or if the work is complete but not in conformance with the applicable building code requirements and the work is still not in conformance with the applicable code requirements upon re-inspection. The property owner or general contractor shall be notified of any re-inspection fee(s) due at the time the occupancy inspection is requested. Such fees shall be paid prior to an occupancy inspection. CITY OF JANESVILLE HVAC PERMIT FEES VI. RE-INSPECTION FEE $50.00 A re-inspection fee shall be charged on residential, commercial or raze or repair building/remodeling projects if the work for which an inspection is requested is not complete so as to be ready for an inspection, or if the work is complete but not in conformance with the applicable building code requirements and the work is still not in conformance with the applicable code requirements upon re-inspection. The property owner or general contractor shall be notified of any re-inspection fee(s) due at the time the occupancy inspection is requested. Such fees shall be paid prior to an occupancy inspection. CITY OF JANESVILLE ELECTRICAL PERMIT FEES V. RE-INSPECTION FEE $50.00 A re-inspection fee shall be charged on residential, commercial or raze or repair building/remodeling projects if the work for which an inspection is requested is not complete so as to be ready for an inspection, or if the work is complete but not in conformance with the applicable building code requirements and the work is still not in conformance with the applicable code requirements upon re-inspection. The property owner or general contractor shall be notified of any re-inspection fee(s) due at the time the occupancy inspection is requested. Such fees shall be paid prior to an occupancy inspection. CITY OF JANESVILLE PLUMBING PERMIT FEES I.D. RE-INSPECTION FEE $50.00 Are-inspection fee shall be charged on residential, commercial or raze or repair building/remodeling projects if the work for which an inspection is requested is not complete so as to be ready for an inspection, or if the work is complete but not in conformance with the applicable building code requirements and the work is still not in conformance with the applicable code requirements upon re-inspection. The property owner or general contractor shall be notified of any re-inspection fee(s) due at the time the occupancy inspection is requested. Such fees shall be paid prior to an occupancy inspection. II.E. RE-INSPECTION FEE $50.00 Are-inspection fee shall be charged on residential, commercial or raze or repair building/remodeling projects if the work for which an inspection is requested is not complete so as to be ready for an inspection, or if the work is complete but not in conformance with the applicable building code requirements and the work is still not in conformance with the applicable code requirements upon re-inspection. The property owner or general contractor shall be notified of any re-inspection fee(s) due at the time the occupancy inspection is requested. Such fees shall be paid prior to an occupancy inspection. SECTION II . Section 10.52.045 of the Code of General Ordinances of the City of Janesville is hereby created to read as follows: 10.52.045 Reinspection fee A Fifty Dollar ($50.00) reinspection fee shall be charged by the City against and paid by the property owner for every violation that is not corrected by the reinspection date. An additional Fifty Dollar ($50.00) reinspection fee shall be charged by the City for each subsequent reinspection per violation until full compliance is achieved. SECTION III . Section 16.08.195 of the Code of General Ordinances of the City of Janesville is hereby created to read as follows: 16.08.195 Reinspection fee A Fifty Dollar ($50.00) reinspection fee shall be charged by the City against and paid by the property owner for every violation that is not corrected by the reinspection date. An additional Fifty Dollar ($50.00) reinspection fee shall be charged by the City for each subsequent reinspection per violation until full compliance is achieved. SECTION IV. This ordinance shall take effect immediately upon adoption by the Common Council, the public health, welfare, peace, tranquility, good order, public benefit, and police power so requiring. ADOPTED: Motion by: Second by: APPROVED: Councilmember Aye Nay Absent Pass Brunner McDonald Eric J. Levitt, City Manager Perrotto Rashkin ATTEST: Steeber Truman Voskuil Jean Ann Wulf, City Clerk-Treasurer APPROVED AS TO FORM: ______________________________ Wald Klimczyk, City Attorney Proposed by: Community Development Department Prepared by: Community Development Department