Pierce County, WI
 
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of Pierce County as Title 3 of the 1978 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Fraudulent checks — See Ch. 129.
[Amended by Res. No. 78-82; Res. No. 79-69; Res. No. 81-4; 4-17-2001 by Ord. No. 00-15; 11-13-2001 by Ord. No. 01-16]
The Finance Committee shall designate the one working bank in which the Treasurer shall have active checking accounts for all general County funds and for the public assistance payroll. The Finance Committee may, from time to time, solicit proposals from all qualified banks located within Pierce County in order that the County may receive the best checking services at the most favorable cost. When the Finance Committee selects a new bank, a resolution with its recommendation will be forwarded to the County Board of Supervisors for approval. A written contract specifying the conditions under which the working bank will handle the County checking account shall be signed by the president of the bank and the Chairperson of the Pierce County Board of Supervisors or the Administrative Coordinator Adopted 11-13-01.
A. 
Bidding. County purchases shall be made from firms having the lowest bids on merchandise that is of good quality to meet the various specifications called for so that the County may receive this merchandise at the lowest cost to the taxpayers consistent with quality merchandise. In the event that bids are all the same, the bids shall be split in as fair and equitable a manner as is possible between various suppliers within the County.
B. 
Bids for petroleum products. The County Highway Committee is ordered and authorized to purchase all petroleum products used by the Highway Department through the medium of advertising for competitive bids on standard specifications recommended by the State Highway Commission Engineers, with the power and authority to reject any or all bids if not satisfactory to it.
[Amended by Res. No. 84-48]
[Amended by Res. No. 85-51]
A. 
Collateralization required. County bank deposits shall be secured by collateralization as is described in the document titled "Pledge Agreement" and such other documents as may become necessary.
B. 
Execution of documents. The County Board Chairman and Treasurer are authorized and directed to complete and execute the documents mentioned in Subsection A as required.
[Amended by Ord. No. 95-14; 9-24-2013 by Ord. No. 13-08]
A. 
Purpose. The purpose of this section shall be to establish in accord with §§ 59.54(24) and 20.905, Wis. Stats., a procedure for dealing with worthless payments to the County, underpayments and overpayments.
B. 
Penalty assessment against worthless payments.[1] Should any person make any payments to the County, any County officer, office or department in the form of a postal money order, express money order, bank draft, certified check, personal check, debit or credit card and should such payment be refused as, for example, with respect to a checking account in which insufficient funds have been placed, the County officer, department or office to which said payment is made shall impose on and collect from the person who issues such a worthless payment a penalty assessment of $35. Said penalty assessment shall be assessed against each individual underpayment or worthless payment.
[1]
Editor's Note: See also Ch. 120, Checks, Fraudulent.
C. 
Procedure for dealing with described underpayments and overpayments. In the event that a person makes a payment to the County for purposes of fees, licenses and similar charges and overpays the County by an amount equivalent to $5 or less, unless a refund is specifically requested in writing from said person, said overpayment of $5 or less shall be retained by the County and remitted to the general fund. In the event a person makes a payment for fees, licenses or similar charges which constitutes an underpayment of not more than $5, collection of said underpayment may be waived by the officer, department or office accepting the same when the administrative cost of collection would exceed the amount of underpayment.
[Amended by Ord. No. 90-7]
A. 
Contract formation. Pierce County is not bound by any contract until it is formally executed and signed by both parties and approved by the County Board, excepting in those areas where the authority has been delegated to another body by operation of law or by the County Board.
B. 
Resolution. In order to designate that a bidder has conditionally been successful, the committee or the County Board shall use the standard conditional award resolution on file in the Corporation Counsel's office. The resolution shall specify that the bidder selection is entirely contingent upon the later execution and signing of the written contract.
C. 
Standard terms and conditions. Whether Pierce County is required to bid by statute or elects to bid in its discretion, Pierce County will send the Pierce County standard terms and conditions or an unsigned contract form as drafted and modified or approved by the Pierce County Corporation Counsel with the request for proposals and invitation for bids. In all instances where Pierce County follows a bidding procedure, disclaimers in the request for proposals or invitation for bids shall indicate that no contract is formed until the parties have formally executed and signed a contract.
[Amended by Res. No. 85-19; Ord. No. 93-1]
A. 
Participation authorized. The County shall participate in the state's Local Government Pooled Investment Fund, pursuant to the provisions of § 25.50, Wis. Stats.
B. 
The County Treasurer is designated as the local official authorized to transfer funds to the State Treasurer for deposit in the fund.
C. 
The State Treasurer is authorized to accept telephone requests for withdrawal of funds.
The County Highway Committee and County Fair Committee are authorized and instructed to prepare rental rates so equitable expenses and improvement costs can be prorated among its various users to the end that we can continue to improve our County fairgrounds.
[Amended 4-17-2001 by Ord. No. 00-15]
The insurance on all County-owned vehicles shall be submitted to bids by reputable companies which must have representatives residing in either the County or outside the County who can give service when the need arises.
A. 
Fee transmittal. The Register of Deeds shall remit and pay to the County Treasurer, by the 15th day of each month, all fees for recording and filing during the previous month.
B. 
Fees established. The fees for such recordings are established as follows:
[Amended by Res. No. 84-67]
(1) 
Recording certificates and preparing and mailing documents under the provisions of § 867.045, Wis. Stats.: $10.
(2) 
Each additional page required for instruments submitted for recording under the provisions of § 59.43(2), Wis. Stats.: $2 per page.
A. 
Unexpended highway construction funds. The Highway Committee is authorized to transfer any balance left from any completed project to another project where needed.
B. 
Advance and transfer of highway funds.
[Amended by Res. No. 81-32; Res. No. 82-30; Res. No. 85-35; Res. No. 87-27]
(1) 
The State Highway Commission is petitioned to advance, pursuant to § 84.03, Wis. Stats., upon the filing of a request therefor by the County Highway Committee, which Committee is authorized to file, such sums as may be required and are not otherwise available for any such previously authorized or additionally needed construction improvements in this County, with the understanding that the amounts thus advanced will be deducted from future state allotments for state trunk highway construction in this County under § 84.03, Wis. Stats.; and
(2) 
The State Highway Commission is petitioned, upon the filing of a request therefor by the County Highway Committee, which Committee is authorized to file, to transfer to or between any such previously authorized or additionally needed construction improvements in this County any funds allotted by the state under the provisions of § 84.03, Wis. Stats., and previously allocated to any other improvement or remaining unallocated in reserve.
[Amended last 4-15-2003 by Ord. No. 03-02]
A. 
Authorized. The Finance Director, under the supervision of the Administrative Coordinator, is authorized and directed to issue and the County Treasurer to pay:
(1) 
Claims allowed by the Board of Supervisors;
(2) 
Claims allowed by the Finance Committee pursuant to authorization from the County Board;
(3) 
Claims duly audited by the Finance Director pursuant to policies established by the County Board and directives from the Finance Committee;
(4) 
Salaries and hourly wages of the courthouse employees;
(5) 
Court orders and categorical aids;
(6) 
Orders audited and certified by the Highway Committee; and
(7) 
All other claims and appropriations duly audited under the provisions of the Wisconsin statutes.
B. 
Payment. Payment from the County Treasury shall be made by:
(1) 
Check. After the effective date of the ordinance codified in this section, for order checks from the County Treasury of the County to be valid, they shall contain the facsimile signature of the Clerk and Treasurer for the County.
(2) 
Wire transfer. The Treasurer shall, upon authorization and direction of the Finance Director, issue payment by wire and provide records of such transfers to the Finance Director.
[Amended 8-22-2006 by Ord. No. 06-08]
The Finance and Personnel Committee is authorized to supervise the investment of available County funds and the County Treasurer is authorized to invest these funds in short-term investments in accordance with the appropriate Wisconsin statutes.
[Amended by Res. No. 82-18]
A. 
Requirements. The Board of Supervisors adopts the following requirements for the establishment and continuation of continuing appropriations:
Type
Definition
Examples
1.
Statutory
Funds required by statute to be nonlapsing
Veteran's relief
Library
Borrowed money
2.
Special Revenue
Funds whose primary source of revenue is from other than general County appropriations and which are limited by the grantor or by resolution to expenditure for a specific purpose
Most highway funds
Social service programs
Aging program
State and federal grants
3.
Special Projects
Unexpended appropriations (County and other) for a specific one-time expenditure which is expected to be completed in the subsequent year
Capital project (outlay)
Special studies
Short-term projects
B. 
Evaluation of existing appropriations. All existing continuing appropriations shall be evaluated and those not meeting one of the criteria set forth in Subsection A shall be closed to the general fund on December 31, 1982.
C. 
Evaluation of requests. The Finance Committee shall evaluate all future requests for the establishment of continuing appropriations to ensure that they conform to the guidelines set forth in this chapter and that those not qualifying are denied.
[Amended 4-17-2001 by Ord. No. 00-15]
The County will apply for the State Veterans' Service Office Grant, and the Administrative Coordinator is advised to make application for said grant for the year 1974 and each succeeding year thereafter unless directed otherwise by action of the County Board of Supervisors.
Commencing March 1, 1970, the County shall charge interest at the rate of 7% per annum or the maximum interest rate which a municipality can pay on promissory notes, whichever is higher, on the unpaid balance of all accounts which have been of record for 90 days, and further all accounts shall be paid in full, principal and interest, one year from date of billing.
All County road work to be performed by other than County forces shall be let on the firm bid basis.
Hereafter all emergency work done on County trunk highways in the County shall become a charge against the County Trunk Maintenance Fund.
A. 
Established. All moneys received from whatever source through the use of the fairgrounds or buildings shall be paid into the County treasury immediately and credited to the County Fair Fund.
B. 
Payments. All expenses incurred, including Committee members per diem and expenses in the preparation, conducting or holding of fairs by said Fair Committee and expenses incurred through the renting of the fairgrounds or buildings to others shall be paid through the regular County fiscal agents out of the County Fair Fund upon the presentation of vouchers properly made out and signed by at least a majority of the County Fair Committee.
[Amended by Ord. No. 84-11]
A. 
Procedures generally. Whenever any department of the County desires to sell real estate which is owned by the County and which has a fair market value of at least $5,000, the procedures set out in this section shall apply.
B. 
Recommendation to Finance Committee. The supervising committee of the department shall formally make a recommendation to the Finance Committee that the real estate be sold.
C. 
Consideration of recommendation. As soon as practicable after receipt by the Finance Committee of the recommendation of the supervising committee, the Finance Committee shall consider the recommendation of the supervising committee.
D. 
Recommendation to Board. After consideration by the Finance Committee of the recommendation of the supervision committee, the Finance Committee shall make a recommendation and shall forward its recommendation to the County Board of Supervisors.
E. 
Determination to retain. If the County Board of Supervisors determines that the best course of action is to retain the real estate, no further action shall be taken.
F. 
Determination to sell. If the County Board of Supervisors determines that the best course of action is to sell the real estate, it shall delegate to the Finance Committee the responsibility to execute the following duties:
[Amended by Ord. No. 97-10]
(1) 
Immediately cause the real estate to be appraised by a qualified real estate appraiser; and
(2) 
Proceed to offer the real estate for sale, in such manner or manners as the Finance Committee in its sole discretion determines. Such manner or manners of offering the real estate for sale may include advertising the real estate for sale in newspapers and other publications, advertising for the submission of sealed written bids and listing the real estate for sale with a licensed real estate broker.
G. 
Conveyance of property. If the Finance Committee receives either an offer to purchase or a written bid for the real estate which the Finance Committee considers appropriate, the Finance Committee shall then recommend to the County Board of Supervisors, by written resolution, that the County Board of Supervisors direct the County Clerk to sell the real estate. The written resolution shall set forth the terms upon which the sale is to be made and the manner by which the County Clerk is to convey the property.
H. 
Procedures for tax deed property.
[Amended by Ord. No. 89-1; Ord. No. 91-10; Ord. No. 95-13; Ord. No. 98-8]
(1) 
Statement of purpose. Whenever the Finance Committee determines it would be in the best interest of the County to sell tax deed property, the Finance Committee shall exercise such authority under Chapter 75, Wis. Stats., and other applicable statutes relating to the sale of County-owned tax deed property, subject to the procedures set forth hereinafter in this section.
(2) 
Definitions. These terms, for purposes of this section, shall be defined as follows:
FORMER OWNER
The holder of record title immediately prior to the recording of the tax deed and his/her/its heirs, successors and assigns.
MUNICIPAL
A city, village or town.
TAX DEED PROPERTY
Real estate acquired by the County for nonpayment of property taxes and other charges as authorized by law, which property is taken by means of a tax deed issued in favor of the County under Chapter 75, Wis. Stats.
UNECONOMIC REMNANT
A parcel of real estate as described in a tax deed which due to its size, shape or configuration, status as being landlocked, illegality or impracticality of use as a permitted or conditional use under the County or a municipal zoning ordinance or under sanitary or other police power ordinances does not lend itself to a fair market value sale between a willing buyer and seller. For purposes of this definition, subject to Finance Committee review on a case-by-case basis, it shall be presumed that a parcel of 1.00 acres or less in unincorporated areas of the County and 25 feet or less in width in incorporated areas or whose value is less than $500 is such a parcel.
(3) 
Procedure for sale of tax deed property. On no less than an annual basis, the County Clerk shall prepare a list of tax deed property held in the name of the County for review by the Finance Committee. The Committee shall determine whether any such parcels are surplus, in which event it shall direct the County Clerk to do the following:
(a) 
Seek an appraisal of each parcel of tax deed property from a realtor or other qualified individual skilled in determining the fair market value of real estate;
(b) 
Notify the municipal clerk in the municipality in which the property is situated of the County's intent to sell the same, said notice to be mailed three weeks before the date by which bids must be submitted;
(c) 
Publish notice of the property sale, together with terms of sale established by the County, as a Class 3 notice under Chapter 985, Wis. Stats. In the discretion of the Clerk, bids may be submitted on a sealed or open basis; and
(d) 
Receive bids for submittal to the Finance Committee.
(4) 
Procedure under Subsection H(3) not to apply to uneconomic remnants. The County Clerk, in preparing a list of tax deed properties under Subsection H(3) of this section, shall identify each such parcel which falls under the definition of uneconomic remnant or which may be determined to be an uneconomic remnant as a result of action of the Committee. Appraisals of uneconomic remnants shall be made by the Finance Committee, whose determinations shall be final and conclusive. With these exceptions, the procedure under Subsection H(3) of this section shall be followed.
(5) 
In the event that the Finance Committee rejects all bids submitted for a parcel of tax deed property or in the event that no bids are received within the deadline, the Finance Committee may direct the County Clerk to readvertise such lands for sale or in its discretion cause the sale of any lands previously advertised for sale for an amount equal to or exceeding the appraised value of any lands without readvertising.
(6) 
In accord with § 75.35(3), Wis. Stats., the former owner of property acquired by the County on a tax deed under Chapter 75, Wis. Stats., shall be given the following preference and the right to purchase such land from the County:
(a) 
At any time within 90 days after the County has acquired a tax deed to the land, the last owner thereof may submit a written offer to purchase. During this period, should bids be solicited and received, they may not be accepted or, if accepted, they shall be made subject to the rights of the former owner.
(b) 
At a minimum, offers to purchase from former owners shall meet the following requirements: The owner shall pay all taxes, interest, penalties, special assessments and special charges against the property together with all costs to the County under Chapter 75, Wis. Stats., of publication, service of notices or process, recording of instruments and all other costs directly related to the tax delinquency posted against the land in question by and on behalf of the County. The failure of the former owner, at a minimum, to meet the above-stated requirements shall be deemed by the County to be the equivalent to a waiver of the former owner's rights under this section.
(c) 
Any such sale to the former owner of the property in question shall be exempt from all provisions of § 75.69, Wis. Stats., if the net proceeds from the sale to the former owner, as determined under § 75.36(3), Wis. Stats., will be sufficient to pay all special assessments and special charges to which the property is subject, including interest imposed under § 74.47, Wis. Stats., or if the County settles in full with the taxation jurisdiction for special assessments, as defined in § 75.36(1), Wis. Stats., to which the property is subject. This right of preference to repurchase shall not apply to tax deed property which has been improved for or dedicated to a public use by the County subsequent to its acquisition thereof on tax deed and prior to the date of the former owner's submission of his offer to purchase.
I. 
State condemnation acts; procedures.
[Amended by Ord. No. 91-8]
(1) 
Procedures to follow in state condemnation acts when the land is valued at more than $2,500:
(a) 
Representatives of the condemning authority will provide all information, including a full narrative appraisal (FNA), to the Pierce County Finance Committee. Information received by other departments on this matter will be forwarded to the Pierce County Finance Committee.
(b) 
The Pierce County Finance Committee takes up the matter at the next Finance Committee meeting. The Finance Committee may ask that a Pierce County Highway Department employee be present at any Finance Committee meeting to assist in any right-of-way questions, if relevant. The Finance Committee will review the appraisal and recommend to the County Board whether to:
[1] 
Ask for a County appraisal with costs to be submitted to the state; or
[2] 
Accept the price offered.
(c) 
The Finance Committee will then place this issue on the next agenda for the consideration of the County Board at its next meeting.
(d) 
The County Board will determine whether to follow the recommendation of the Finance Committee or to adopt the opposite approach. If the County Board determines not to accept the condemning authority price offered but instead elects to get an appraisal under § 32.09, Wis. Stats., the County Board will designate a negotiator (or negotiators) to negotiate with the condemning authority. The County Board must specify as to whether the negotiator(s) has:
[1] 
Authority to negotiate an offer that will be binding upon the County; or
[2] 
The authority to make a binding arrangement with the state up to a certain dollar amount and to recommend to the County Board any offer outside those perimeters; and
[3] 
The authority to return with a proposal made by the state. The County Board shall consider a closed session under § 19.85(1)(e), Wis. Stats., if applicable to discuss these issues.
(e) 
If the County rejects an offer, it may authorize the negotiators to make a counterproposal or await the jurisdictional offer to purchase from the condemning authority.
(f) 
If no price can be agreed upon and the condemning authority makes a jurisdictional offer, at the next County Board meeting after the County receives the jurisdictional offer to purchase it will vote whether to accept or reject said offer.
(g) 
If the County votes to reject a jurisdictional offer to purchase, it will also decide whether to appeal the amount of compensation either to the Circuit Court or to the County Condemnation Commission.
(2) 
Procedures when the land to be condemned is less than $2,500.
(a) 
The condemning authority will approach the Pierce County Finance Committee with any offer and will ask that a waiver of appraisal be signed. Information received by other departments on this matter will be forwarded to the Pierce County Finance Committee.
(b) 
The Finance Committee will take the matter up at its next meeting and recommend to the County Board whether to waive the appraisal and accept the offer or to request a full narrative appraisal to be paid for by the state.
(c) 
Upon receipt the FNA Procedure Nos. 2-4 applicable to land valued at more than $2,500 will apply.
[Amended by Res. No. 90-4]
A. 
Sales to private parties. The Highway Department shall discontinue sales of road building materials, supplies and new equipment parts to private parties if it has not done so already, in compliance with Wisconsin law.
B. 
Sales to municipalities. Sale of the aforementioned items allowed by § 83.018, Wis. Stats., to municipalities shall not be made if it is known that said municipality purchases such items for sale to private individuals.
[Amended by Res. No. 90-4]
The County Board delegates to the County Highway Committee the right to dispose of surplus waste material pursuant to § 83.08(4), Wis. Stats., in the following manner:
A. 
The Highway Department's authority under this section with respect to the disposal of highway property shall be limited to waste fill.
B. 
The Committee shall make a determination that such waste fill was not created specifically for the purpose of commercial sale but was incidental to road improvement or maintenance.
C. 
The following public sale advertising procedures shall be followed and the following information shall be solicited from potential purchasers:
(1) 
The advertisement shall run once per year in the legal publication of this County.
(2) 
Such ad shall announce that in the event Pierce County creates waste/surplus fill material, such material will be sold to the highest bidder who is nearby and whose property is easily accessible.
(3) 
All persons interested in purchasing fill shall, in writing, within 30 days of the ad's last publication, provide their:
(a) 
Name.
(b) 
Address.
(c) 
Telephone number.
(d) 
A map showing their location.
(e) 
The type of fill acceptable to them.
(f) 
What they would be willing to pay by cubic yard for the fill.
D. 
Furthermore, landowners must sign a document which shall be prepared for this purpose, including in this document the following information:
(1) 
Assurance that storage of such fill does not violate the zoning laws.
(2) 
The owner holds Pierce County harmless for any negligence with respect to such fill.
(3) 
An assertion that the purchaser is the owner of such land.
(4) 
Proof with attached documentation that the Digger's Hotline has been notified.
E. 
Furthermore, the landowner shall be responsible for placing the fill and shall also mark the area where the fill is to be hauled.
F. 
It is the County Highway Committee's responsibility to decide which of the potential purchasers is the most practicable bidder. Practicality should include convenience, location, accessibility and price. The County will then move the waste fill to the purchaser's site.
G. 
Furthermore, the Highway Committee shall have the right to reject all sales if the expense and inconvenience of the hauling should result in a loss or disadvantage to the County.
[Amended by Ord. No. 87-4]
A. 
Imposed. Pursuant to § 77.70, Wis. Stats., there is hereby imposed upon all retailers a sales and use tax at the rate of .5% of the gross receipts from the sale, lease or rental of personal property as set forth in Subchapter V, Chapter 77, Wis. Stats., and § 77.71, Wis. Stats. Such sales and use taxes shall be imposed in their entirety according to the requirements of Subchapter V of Chapter 77, Wis. Stats.
B. 
Use of funds. All funds generated pursuant to § 77.70, Wis. Stats., may only be appropriated for property tax relief and they may not be used for any new or expanded County services.
[Last amended by Res. No. 87-26]
A. 
Amount authorized. The County Highway Committee is authorized, pursuant to § 83.015(2), Wis. Stats., to purchase without further authority and to the extent that revolving funds accumulated for such purpose or appropriations made for such purpose are available, such highway equipment as it deems necessary to properly carry on the work and to trade or sell such old equipment as may be considered to be for the best interests of the County.
B. 
No one complete unit of equipment of a value exceeding $75,000 shall be purchased without further authority of the County Board.
[Amended by Ord. No. 83-67]
A. 
The Pierce County Board of Supervisors resolves that a trust fund be established into which state aid under § 85.21, Wis. Stats., is to be saved for the purchase or maintenance of transportation equipment.
B. 
The state aid held in trust shall be subject to the trust conditions adopted by the Department of Transportation as administrative rules under Chapter TRANS 1 of the Wisconsin Administrative Code.