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HomeMy WebLinkAboutCounty Board of Supervisors - Minutes - 8/2/1977MEETING OF THE BAYFIELD COUNTY BOARD OF SUPERVISORS August 2, 1977 The meeting was called to order at 9:45 A.M. by Walter C. Barningha.m, County Board Chair- man. The following members answered roll call: No. 1 Edwin Erickson, Arthur Meierotto, Ila Bromberg, E. Johnson, William Zamback, Bennie Rude, Larry Seidel, Herbert Spears, Wallace Johnson, Ernest Heglund, William Carter, Arthur Hanson, Charles Polich, Karl Ludzack, Edwin Renoos, Walter Barningham absent - William Rave, Joseph Berweger Total 18 A prayer and pledge of allegiance was led by Larry Seidel, board member. Moved by Meierotto, seconded by Erickson to dispense with the reading of the minutes of the previous meeting. Motion carried. Tom Higgins, Douglas County Board Chairman, appeared before the board. Mr. Higgins is also a field man for CEP and he briefed the county board on the program in Bayfield County. Questions were asked by members of the board which were answered by Mr. Higgins. The following communication was read: No. 3 TOWN OF DRUMMOND Drummond, WI 54832 July 19,- 1977 Bayfield County Board Washburn, WI 54891 Gentlemen: At the present time Drummond has the Nutritional Program for Senior Citizens at our Town Hall. When this program started the meal was prepared in Ashland and the expense to the town was not so great. Since the meal is prepared in the Hall 5 days a week the expense to the town has risen to the point where the Town Board feels that to continue the program here we must have a portion of the expenses shared by the other towns that take part in the program. For the year 1976-77 the bills were as follows: Electric: 498.00 Heating fuel: 1,466,.00 Supplies: 100.00 August 2, 1977 The Town Board feels the following formula for sharing expenses would be fair: 40/ paid by Grand View, Lincoln, Village of Cable, Town of Cable, Namakagon (8% each) 40/ paid by Drummond 20% paid by Nutritional Program The Town has made two unsuccessful attempts to get representatives of these towns together to come to an agreement on this matter. Perhaps the County Board can help in this matter; if not, the Town of Drummond requests the Board to arrange to have the Program in another Town. Sincerely yours, Maybeth J. Carlson, Clerk John A. Wittwer, Chairman James Lee, Supervisor Edwin R. Olson, Supervisor Moved by Renoos, seconded by Seidel to receive the foregoing communication and place it on file. Louis Stolle, Nutrition Program Director, spoke to the board in regard to the foregoing com- munication. Following a discussion on the Town of Drummond problem, the board discussed the feasibility of having the program expanded to give better coverage to the southern part of the county. Stolle advised the board that it would be impossible to expand the program with the present funding and if more sites were established, that could be accomplished by cutting the program to 3 days a week. Many members were of the opinion that in fairness to all of the senior citizens in the county, this should be the route to be taken. Other members were of the opinion that the program now serves the more heavily populated areas in the county and less people would actually be served if the program was cut to 3 days county wide even though additional sites would be added. Motion No. 4 1 Moved by Carter, seconded by Renoos that this problem be referred back to the Nutrition Committee and Louis Stolle and see what they can come up with. Motion carried. Motion No. 5 Moved by Renoos, seconded by Erickson that the Nutrition Committee be authorized to reduce the days of operation of the meal sites, if necessary, to expand the coverage throughout the county. A roll call vote was requested. A roll call vote was taken on the adoption of the foregoing motion with the following results: No. 5a Ayes - Erickson, Meierotto, E. Johnson, Zamback, Spears, W. Johnson, Heglund, Polich, Ludzack, Renoos, Barningham Nayes - Bromberg, Rude, Seidel, Ca.rter,Hanson Absent - Rave, Berweger Ayes - 11 Nayes - 5 Absent - 2 Total 18 Motion carried. August 2, 1977 The following communication was read: No. 6 July 19, 1977 Bayfield County Board of Supervisors Dear Sirs: The estate of Lawrence A. Rahn is settled and the heirs of Lawrence A. Rahn did inquire as to the remaining Wisconsin property but were given no records of such property then or since. Inquiry to the executor of the estate, Edwin Rahn, father of Lawrence Rahn, ha.s been made since but still the heirs received no information. The property was brought to mind recently and Mrs. Sharon Rahn Mitchell visited the home of Edwin Rahn and did obtain a 1972 tax statement which he had held in his possession. We have enclosed a copy of that tax statement which is the only record that we have of the property. We, the heirs of Lawrence A. Rahn wish to redeem the property from Bayfield County and if so redeemed, will pay the taxes due on this property, Lot l of Section 7 Township 43 Range 5 immediately. Thank you for your consideration of this matter. Sincerely, the heirs of Lawrence A. Rahn, Sharon Rahn Mitchell and minor children Cynthia and Brian 9960 176th Circle West Lakeville, Minn 55044 Patricia Rahn Kelly and minor child Jennifer 853 Cortland Drive Apple Valley, Minn 55124 Moved by Polich, seconded by Rude that this correspondence be referred to the Executive Committee after the District Attorney gives his opinion. Motion carried. The following resolution was read: No. 7 WHEREAS, The running of dogs in packs on County owned lands in Bayfield County is a hazard to the health and safety of residents of Bayfield County enjoying the use of said lands and living in the vicinity of said lands; that said dogs disturb persons on said public and private lands and endanger their safety, and WHEREAS, The running of dogs in packs on County owned lands in Bayfield County results in said packs of dogs running on to neighboring private lands and disturbing domestic animals, and WHEREAS, The running of said dogs in packs is particularly dangerous in the daylight hours v because more persons are out of doors during that time, and WHEREAS, The term dog pack as used herein means three or more dogs running together, NOW THEREFORE BE IT RESOLVED, That the Bayfield County Board of Supervisors prohibits the running of packs of dogs on all lands owned by Bayfield County during the hours between 6:30 o'clock, A.M. and 7:00 o'clock, P.M. and requires that any person having under his control or using three or more dogs on County owned lands shall have all said dogs on a leash, and 170 Co BE IT FURTHER RESOLVED, That any person violating the provisions of this Resolution shall forfeit not more than $100.00, and BE IT FURTHER RESOLVED, That to assure the protection of the health and safety of Bayfield County residents, the provisions of this Resolution as set forth in attached Schedule A are hereby adopted as a Bayfield County Ordinance. BAYFIELD COUNTY FORESTRY COMMITTEE Larry Seidel William Zamback Karl Ludzack Art C. Hanson Ila Bromberg Schedule A ORDINANCE The County Board of Supervisors of Bayfield County ordains as follows: It shall be unlawful for any person to have in or under his control three or more dogs on any County owned lands between the hours of 6:30 o'clock, A. M.=and 7:00 o'clock, P. M., unless all said dogs are on a leash controlled by said person. Any person violating this Ordinance shall forfeit not more than $100.00. Moved by Bromberg, seconded by Seidel to adopt the foregoing resolution. Supporting data from other towns was presented. (All correspondence on file in the county clerk's office.) A lengthy discussion followed with many comments made by board members and the audience. Motion carried. The following Report of the Bayfield County Zoning Committee was read: No. 8 To: The County Board of Supervisors of Bayfield County on the hearing of the petitions to amend the Bayfield County Zoning Ordinance. The Zoning Committee of the Bayfield County Board of Supervisors having held a public hearing pursuant to Section 59.97 (5), Wisconsin Statutes, notice thereof having been given as provided by law and being informed of the facts pertinent to the proposed changes, hereby recommends that the petition described as follows be approved: The East -half (E 2) of the North-East One -Quarter (NE µ) of the North-West One -Quarter (NW-4), Section Twenty -Two (22), Township Forty -Five (45) North, Range Six (5) West, be changed from Residential-1 Use to Agricultural-1 Use. The Zoning Committee also recommends that the following petitions be tabled: A two acre parcel located in the West -half (W2) of the North-West One -Quarter (NWµ), Section Thirty -Six (36), Township Forty -Five (45) North, Range Eight (8) West, be changed from Forestry-1 Use to Residential -Recreational Use. Government Lot Two (2) , Section Twenty -Two (22) , Township Fifty (50) North, Range Four (4) Wes11 described in Volume 233-Page 481, and Volume 228-Page 367 less parcels described in Volume 275- Page 221, be changed from Residential -Recreational Use to Commercial Use. August 2, 1977 Government Lot Two (2) , Section Fourteen (14) , Township Fifty (50) North, Range Four (4) West, described in Vobme 207, Page 332, less a .3 acre parcel for Highway description in Volume 274, Page 9, be changed from Residential -Recreational Use to Commercial Use. Government Lot Two (2) , Section Fourteen (14) , Township Fifty (50) North, Range Four (4) West, described in Volume 108, Page 302, less a parcel in Volume 168, Page 585, and less a. Highway parcel described in Volume 295 to be changed from Residential -Recreational Use to Commercial Use. Government Lot Two (2) , Section Fourteen (14) , Township Fifty (50) North, Range Four (4) West, described in Volume 302; Page 139-140 to be changed from Residential -Recreational Use to Commercial Use. The South -East One -Quarter (SEµ) of the South -East One -Quarter (SEµ), Section Twenty -Three (23) , Township Fifty (50) North, Range Eight (8) West, be changed from Forestry-1 Use to Agricultural-1 Use. The South-West One -Quarter (SWµ) of the South-Ea.st One -Quarter (SE-4), Section Twenty -Three (23) , Township Fifty (50) North, Range Eight (8) West, to be changed from Forestry-1 Use to Pgricultural-1 Use. The West -Half (W2) of the North-West One -Quarter (NWµ) of Section Thirty -Six (36) ,Township Forty -Five (45) North, Range Eight (8) West be changed from Forestry-1 Use to Residential - Recreational Use. DATED: August 2, 1977 Signed: Bayfield County Zoning Committee Edwin Renoos Herbert G. Spears Art C. Hanson Walter C. Ba.rningham William H. Caster Bennie R. Rude Moved by Renoos, seconded by Carter to receive the foregoing report and place it on file. Motion carried. (Affidavit of publication and notice of public hearing on file in the county clerk's office.) R� Al Prerost, Bayfield County resident,interested in purchasing the Sanatorium facilities, spoke to the board and informed the board that he spoke to Ashland and Iron Counties in regard to the purchase of the Sanatorium and he just wanted to again appear before the board to show his continued interest to the Bayfield County Board. A lengthy discussion was held by the board on the feasibility of the three counties either offering the facility for sale again, waiting for the federal forest to come up with an offer to lease the facility and for Bayfield County to offer to purchase the facility from the other two counties. Motion No. 10 Moved by Seidel, seconded by Hanson that a committee be formed to investigate and make an official proposal, with final approval by the county board, to the other two counties involved as to purchasing their interests or shares in the Tri County Sanatorium property. Motion carried. - =7 August 2,.1977 Motion No. 11 Moved by Polich, seconded by Rude that a committee of three be formed consisting of the county board chairman, two other county board members appointed by the board chairman and the county clerk to serve in an advisory capacity. Motion carried. The following resolution was read: No. 12 WHEREAS, Bayfield County owns and operates a number of camping facilities for the benefit and enjoyment of the residents and visitors of the Bayfield County area, and WHEREAS, Bayfield County permits wilderness camping in undesignated areas for the enjoyment of those seeking a wilderness experience, and WHEREAS, The presence of dogs in large numbers in camping areas owned or controlled by Bayfield County creates a health and safety hazard to persons using said camping facilities, and WHEREAS, The Bayfield County Board of Supervisors believes that said hazard and safety should controlled to assure the continued enjoyment of said camping facilities by members of the public, NOW THEREFORE BE IT RESOLVED, By the Bayfield County Board of Supervisors, that no Bayfield 9 I"I' eoT1 l'C;.LI ne;. County camping unit'usin.g Bay,field.:County.�-�owried dr.ge.ontrol-led:-)Iands.�.sha.hiaebntainfmore(.than 1_2 dogs dnd`the persons(�violating the same shall forfeit not more than $50.00, and BE IT FURTHER RESOLVED, That the Bayfie.ldCounty Board of Supervisors herewith adopts the a.tta,eled Ordinance labelled Exhibit A. EXHIBIT A ORDINANCE FORESTRY COMMITTEE Larry Seidel Karl Ludzack Art C. Hanson Ila Bromberg William Zamback The Bayfield County Board of Supervisors ordains as follows: It shall be unlawful for any person to have in his possession more than two dogs in a camping on lands unitfowned or operated by Bayfield County; nor shall a person (or persons) have in his (their) possession more than two dogs in any undesignated campsite on Bayfield County owned lands. Any person violating the provisions of this Ordinance shall forfeit not more than $50.00. Moved by Bromberg, seconded by Seidel to adopt the foregoing resolution. Moved by Rude, seconded by Carter to adjourn for lunch. Motion carried. The meeting was called to order at 1:15 P.M. by Barningham with the following members answering roll call: No. 13 Erickson, Meierotto, Bromberg, E.-Johnson, Zamback, Rude, Seidel, Spears, W. Johnson, Heglund, Carter, Hanson, Polich, Ludzack, Renoos, Barningham Absent - Rave, Berweger Present - 16 Absent - 2 Tot al is Moved by Bromberg, seconded by Rude to table Resolution No. 12 for further clarification by the D.A. Motion carried. The following resignations were read: No. 14 July 29, 1977 To whom it may concern: Because of the opinion rendered by the judge of the Circuit Court on July 25, 1977 (Tahkodah, Inc and Terrance Pogwizd vs County of Bayfield), I submit my resignation as a lake commissioner, effective immediately. Mary R. Quilling 3137 Lindberg St. Madison, WI 5/15/77 To whomc2 it may concern: A continuing health problem dictates that I restrict my activities for an indefinite time. Therefore, I regret that it is necessary for me to resign from the office of Commissioner of the Lake Tahkodah Lake District. It was a pleasure to work with all the persons involved. Respectfully yours, Gerald A. Lavine Moved by Seidel, seconded by Policy to accept the resignations. Motion carried. No. 15 Barningham then appointed Herb Leinberger, Cable and Nathan Hughes, Cable to replace Quilling and Lavine on the Tahkodah Lake Protection District. Moved by Carter, seconded by Ludzack that the appointments be confirmed. Motion carried. No. 16 Walter Barningham said that it is necessary for him to make 2 appointments to the Water Quality Policy Advisory Committee. It -had been suggested to him that the members should be members who are presently serving on the Soil and Water Conservation Committee. Chairman Barningham stated that in compliance with the request he was appointing Arthur Meierotto and Karl Ludzack to serve on said board with the termination date at the present time to be about November 1978. Moved by Bromberg , seconded by Rude to approve the appointments made by Barningham. Motion carried. V t 2, 1977 Clerk Pajala advised the board that he had just received a letter from Howard Reynolds, Supervisor of Assessments, that a tentative date for the Equalization Meeting has been set for Friday, September 23rd at 9:30 AM. He also reminded the board that the regular September meeting is set for September 27, which would be in conflict with the County Board's Association meeting wh begins on September 26. The clerk stated that the Bayfield County Board could either request.the supervisor of assessments to change the date of the Equalization Meeting or change the September 27 date of the regular county board meeting to September 23. Motion No. 17 Moved by Polich, seconded by Spears that the county board meet on September 23 instead of September 27 for this year so as to comply with the Dept. of Revenues request. Motion carried. No. 18 Chairman Barningham stated that he was now appointing Wallace Johnson and Larry Seidel to serve on the Sanatorium Committee pursuant to Motion No. 11. Moved by Polich, seconded by E. Johnson to approve the foregoing appointments. Motion carried tad A Discussion on the sale of land to the Dept. of Interior,was held. The land referred to is the two acre parcel in Section 10 T48 R8W which is in the area where the federal fish hatchery will be built. W. Johnson stated that he has again been approached by Ervin Harnois, chairman of the Town of Tripp, and he has requested that Bayfield County again defer action on the request. Motion No: 19 Moved by W. Johnson, seconded by Spears to defer any action on the sale of land to the Dept. of Interior until further information is received. Motion carried. The following Amendment to the Bayfield County Plan for Outdoor Recreation was read: No. 20 AMENDMENT TO THE BAYFIELD COUNTY PLAN FOR OUTDOOR RECREATION+AS ADOPTED BY THE BAYFIELD COUNTY BOARD ON JUNE 25, 1975 WHEREAS, the Town of Iron River being a municipality in Bayfield County and; WHEREAS, the demand for outdoor recreation in the Iron River Recreational Park has warranted the development of a playground, tennis courts, baseball and hockey facilities and; WHEREAS, these facilities are consistent with the goals of providing public recreation facilities as identified in the Bayfield County Recreation Plan; NOW THEREFORE BE IT RESOLVED, that the Bayfield County Board of Supervisors adopt this amend- ment as part of the Bayfield County Outdoor Recreation Plan. Larry Seidel Ila Bromberg Art C. Hanson William Zamback Karl Ludzack Moved by Seidel,Sseconded by Carter to adopt the foregoing amendment. Motion carried. v W August 2, 1977 The following Amendment to the Bayfield County Plan for Outdoor Recreation was read: No. 21 AMENDMENT TO THE BAYFIELD COUNTY PLAN FOR OUTDOOR RECREATION AS ADOPTED BY THE BAYFIELD COUNTY BOARD ON JUNE 25, 1975 WHEREAS, the Town of Oulu being a municipality in Bayfield County and; WHEREAS, the demand for outdoor recreation in the Town of Oulu has warranted the development of tennis courts, p-,icnic facilities, skating facilities, ball diamond, playground equipment and a parking area and; WHEREAS, these facilities are consistent with the goals of providing public recreation facilities as identified in the Bayfield County Recreation Plan; NOW, THEREFORE BE IT RESOLVED, that the Bayfield County Board of Supervisors adopt this amendment as part of the Bayfield County Outdoor Recreation Plan. Larry Seidel Ila Bromberg Art C. Hanson William Zamback Karl Ludzack Moved by Bromberg, seconded by E. Johnson to adopt the foregoing amendment. Motion carried. The following resolution was read: No. 22 WHEREAS, Bayfield County grants easements to municipalities and public utilities across County owned lands, and WHEREAS, The Bayfield County Forestry Department and the Forestry Committee, is instrumental in the determination of any Right -of -Way Easement, and WHEREAS, the Forestry Committee does now grant easements on County Forest Lands but does not have the authority to grant easements on Tax Delinquent Lands, and WHEREAS, it would appear to be in the best interest of Bayfield County to have a standard procedure for granting all easement, NOW THEREFORE BE IT RESOLVED, that the Bayfield County Board of Supervisors, at their meeting, this second day of August, 1977 do hereby grant authority to the Bayfield County Forestry Committee to grant easements on all County owned lands. Signed, BAYFIELD COUNTY FORESTRY COMMITTEE Ila Bromberg Art Hanson Karl Ludzack Larry Seidel William Zamback Walter Ba.rningham Moved by Hanson, seconded by Ludzack to adopt.the foregoing resolution. Motion carried. The following resolution was read: No. 23 RESOLUTION AUTHORIZING THE FORMATION OF A FOUR COUNTY TRANSPORTATION AUTHORITY WHEREAS, the Chicago and North Western Transportation Company has petitioned for authority to abandon and dismantle the rail line extending from Hayward to Bayfield and Ashland to Ash- land Junction; and 7 6 August 2, 1977 WHEREAS, Ashland, Bayfield, Sawyer and Washburn Counties feel that retention of such service is vital to the area economy; and WHEREAS, the above named County Board of Supervisors have formed a multi -county committee comprised of two members from each County Board to pursue alternative methods of retaining rail service on the subject line; and WHEREAS, the rail abandonment committee feels that the formation of a four -county transpor- tation authority would be a critical step in seeking federal assistance and in pursuing alternative methods of retaining rail service; and WHEREAS, S. 59.967 Wisconsin Statutes, provide that any county in this state may enact an ordinance for establishment of a transit commission; and WHEREAS, S. 66.30 Wisconsin Statutes, provide that any municipality may contract with another municipality or the state or any department or agency thereof for the receipt or furnishing of services or the joint exercise of any power or duty required or authorized by statute. NOW, THEREFORE BE IT RESOLVED, that Bayfield County wishes to participate in the formation of a transportation authority consisting of representation from Ashland, Bayfield, Sawyer and Washburn Counties. 13E IT FURTHER RESOLVED, that the County Board of Supervisors from the four above mentioned counties would like to request assistance from appropriate areawide and State agencies in the establishment of a four -county transportation authority. Karl Ludzack Edwin Erickson August 2, 1977 Moved by W. Johnson, seconded by Carter to adopt the foregoing resolution. Motion carried. The following claim was read: No. 24 In The Matter of the Claim of NOTICE OF CLAIM JEFFREY L. McGRAND TO: THE CLERK AND COUNTY BOARD OF BAYFIELD COUNTY PLEASE TAKE NOTICE THAT, pursuant to requirements of Sec. 895.43, Wis. Stats, Jeffrey L. McGrand, by his attorneys Anich and Peterson Law Offices, hereby gives notice to the Clerk and County Board of the County of Bayfield, Wisconsin, a Wisconsin political subdivision, of the r following claim: (1) That Jeffrey L. McGrand (hereafter McGrand) is an adult resident of the State of C Minnesota and his post office address is 5860 E. River Road, Fridley, Minnesota 55432. (2) That on April 1, 1977, in the early hours of the morning, McGrand was arrested and taken d into custody by an officer or officers employed by and acting as agents for the Bayfield County p� Sheriffs Department; that at the time of his being taken into custody McGrand was in an intoxi- cated condition and said officer or officers knew or should have known that he was unable to take precautions for his own safety. August 2, 1977 (3) That at or about 3:05 A.M., McGrand was taken by said officer or officers to the Ashland County Jail, Ashland, Wisconsin and incarcerated in said jail; that during the course of his arrest and incarceration, as a direct and.proximate result, the negligent deliberate and intentional acts of said officer or officers, McGrand sustained numerous severe and dis- abling injuries causing his hospitalization, to -wit: a gash on his .head; numerous contusions and abrasions to his thigh, lower back and neck; sprains of his heck and lower back. (4) That, as a result of his injuries sustained, McGrand was hospitalized and forced to expend money for hospitalization and medical care in the amount of $489.30; that he will continue to require medical care and treatment in the future; that he suffered and will continue to suffer pain in the future, and that the injuries to his .neck are permanent in nature, all to his damage in an amount exceeding $25,000.00. (5) That McGrand demands of Bayfield County the sum of $25,000.00 in payment of the damages aforesaid and, failing payment of said sum intends to file an action demanding said sum. Dated: July 27, 1977 By: Andrew S. Peterson For Anich & Peterson Law Offices Attorneys for Jeffrey L. McGrand Moved by Bromberg to receive the claim and place it on file. Bromberg withdrew her motion. Moved by A. Hanson, seconded by Polich to deny the foregoing claim. The following commun2cation was read: No. 25 Date: July 29, 1977 To: C. L. Goldsworthy From: James J. Miller Subject: Audit of Bayfield Co. State Aid Forestry Fund January 1, 1975 through December 31, 1976. Motion carried. An audit of the Bayfield County State Aid Forestry,Fund has been completed covering the period from January 1, 1975 through December 31, 1976. Vouchers were examined for pro per authorization and classification. Vouchers and receipts were traced to the County Forest Administrator's Journal and then reconciled with the records of the County Clerk. All receipts and expenditures were properly recorded. Alldisbursements are charged against the State Aid Fund until it is at a zero balance and the remainder of the dis- bursements are charged against the County Fund. The attached analysis shows the State Aid Receipts and total county disbursements for forestry. Any unexpended balance or deficit is considered to be a portion of the county appropriation, and therefore reverts to the General Fund. Bayfield County ha.s a very extensive Forestry Program, and is making good use of the State Aid provided them for forestry. The County also used approximately $45,000 of their own funds each year for forestry purpose. The County ma.inta.ins an excellent set of records on their forestry operations. The fine cooper ation and courtesies extended to the auditors were very much appreciated. JJM : rb Attach. 178' August 2, 1977 COUNTY OF BAYFIELD STATE AID FORESTRY FUND January 1, 1975 to December 31, 1976 Receipts: State Aid Allotment Disbursements: Administration Equipment Materials & Supplies Planting Timber Sales Expense Forestry Building Misc. Expense Forestry Dep. Personnel Total Disbursements Disbursements from County Fund Disbursements from State Aid Fund Ending Balance of State Aid Fund 1975 1976 $ 16,587.56 $ 16,603.60 14,270.94 15,274.41 4,260.42 7,093.36 112.26 70.23 7,201.23 3,312.85 5,511.36 6,558.43 1,078.95 922.82 1,104.13 829.78 27,207.44 29,823.77 $ 60,746.73 $ 63,885.65 $ 44,159.17 $ 47,282.05 $ 165587.56 $ 16,603.60 - 0 - - 0 - Moved by Meierotto, seconded by E. Johnson to receive the foregoing communication and place it on file. Motion carried. No. 26 The clerk reported to the board that he had according to the directive of the county board placed advertisements in the Milwaukee Sentinel, Milwaukee Journal, Minneapolis Tribune, Duluth News Tribune, Superior Evening Telegram, Daily Press, Washburn Times and the Iron River Pioneer advertising the Bayfield County Rest Home for sale. As a result of the advertising, the clerk had received one inquiry about the sale, but no bids have been received. It was also announced to the board that Sheldon Goldberg, Human Services Coordinator, representing the Wisconsin County Boards Association was present together with Leo Lay, a member of the Rest Home Board of Trustees and Ann Bratley, Administrator of the Home, to discuss operation of the Rest Home. Also present were Dick Olson, Sr., Jim Fleig, Vince Smith, members of the Board of the Bayfield County Memorial Hospital and John Blahnik, Administrator of the .hospital. Mr. Goldberg was allowed the floor and he spoke on the operation of county rest homes in the state and advised the board that it is common to find that county operated homes do not operate for a profit and that very often he has found that the deficit is much more than it is in the case of the Bayfield County operation. He stated that this often caused by the fact that counties are not choosy in the patients who are admitted. Private operators will often reject admittance of certain patients who might need more care and those patients then are admitted to county operated institutions. He stated that this naturally puts the county at a disadvantage. August 2 Following Mr. Goldbergs presentation, Dick Olson addressed the board in regard to the county bonding itself to bu;Lld a, wing on the Bayfield County Memorial Hospital. The wing would be used for a county rest home. It had been previously proposed by the hospital board that a 120 bed wing be added on to the hospital. A lengthy discussion was held by the board with many questions being directed to the hospital board as well as to Mr. Goldberg. Following the discussion a motion was made by Erickson and seconded by E. Johnson that the Bayfield County Board go on record as being in favor of building a rest home attached to the Bayfield County Memorial Hospital and that the Executive Committee of the county board work with the hospital board toward such construction. A roll call vote was taken on the adoption of the foregoing motion with the following results: No. 27a Ayes - Meierotto, E. Johnson, Zamback, Seidel, W. Johnson, Heglund, Carter, Polich, Barningham Erickson Nayes - Bromberg, Rude, Spears, Hanson, Ludzack, Renoos Absent - Rave, Berweger Ayes - 10 Na.yes - 6 Absent - 2 Total 18 The following resolution was read: No. 28 Motion carried. WHEREAS, Bayfield County owns many acres of land which are under easements to others for roadways, power lines, telephone lines and pipelines and which easements cross County lands which are enjoyed by members of the public for their scenic, recreational and wild food pro- ducing characteristics, and WHEREAS, Bayfield County has been and continues to be engaged in a roadside seeding pro- ject with the U.S. Soil Conservation Service, the purpose of which seeding project is to prevent soil erosion and which said project often involves lands which are under the above described easements, and WHEREAS, Because of the public use and enjoyment of lands under said easements, the Bayfield County Board of Supervisors determines that the spraying or use in any form of chemical pesticides and herbicides on said easements constitutes a hazard to the health and safety of the residents of Bayfield County, NOW THEREFORE BE IT RESOLVED, That the Bayfield County Board of Supervisors prohibits the use of pesticides and herbicides in any form on roadways, power lines, telephone lines, pipelines and other easements granted by Bayfield County and that any person violating said prohibition shall forfeit not more than $100.00 for each day of violation, and BE IT FURTHER RESOLVED, That the Bayfield.County Board of Supervisors herewith adopts as an Ordinance Exhibit A, which is attached .hereto. Larry Seidel Karl Ludzack Ila Bromberg Art C. Hanson 18.0 August 2, 1977 EXHIBIT A ORDINANCE The Bayfield County Board of Supervisors does ordain and enact as follows: It shall be unlawful for any person to use chemical pesticides or herbicides on any roadways, power lines, telephone lines, pipelines or other easements granted by Bayfield County. That any person violating this Ordinance shall forfeit not more than $100.00 for each day of violation. Moved by Bromberg, seconded by Hanson to adopt the foregoing resolution. Bromberg briefed the board on the resolution. Peter Erickson, Jim Musso and Mike Popko, representing the sake Superior District Power Company, appeared before the board in support of the spraying program. They stated that none of the sprays that are used are detrimental to health and that they ordinarily only spray the smaller growth that comes up following cutting of the brush with the Hydro -axe. They stated that there experience has shown that unless the lines are sprayed, they have to go back every 2 or 3 years to out the brush whereas if they follow the spraying program they do not have to go back for about 8 or 10 years. Bromberg stated that the spraying program had come to her attention because of LSDP spraying the right of way on the Long Lake Road. She claimed that the same area that was sprayed had re- cently been fertilized seeded and mulched by the Town of Washburn using the County Soil Conservat Service equipment. She stated that very likely the grass that was seeded would not grow in the seeded area. Question•was asked for on Resolution No. 28. Motion lost. The following resolution was read: No. 29 WHEREAS, on June 17, 1977, a Petition for Election Involving Municipal Employees was filed by the Wisconsin Council of County and Municipal Employees, AFSCME, AFL-CIO, with the Wisconsin Employment Relations Commission, and WHEREAS, the purpose of said petition is to gain certification a.s the bargaining represen- tative for "all employees of the Courthouse, including the dispatchers in the Sheriff's Department and professionals, clericals and case aides in the Social Services Department; but excluding supervisory employees and elective officers, and WHEREAS, a hearing has been scheduled regarding this petition by the Wisconsin Employment Relations Commission for August 24, 1977, and WHEREAS, it is the desire of the Bayfield County Board to act in the best interests of its employees at all times, and i1 t 2, 1977 WHEREAS, it is the desire of the Bayfield County Board to respond fully and openly re- garding this matter, now therefore be it RESOLVED, that the Bayfield County Board recognizes that effective communications between employer and employee is the cornerstone to a good and satisfying employment relationship. It has always been the policy of the Board to promote open communications, both through its grievance procedure as well as at other appropriate times with the County Board and its members and Department Heads. And be it further RESOLVED, that these communications may have broken down in the past resulting in misunder- standings between the County Board, Department Heads and employees. However, it is our feeling that an outside representative such as AFSCME is not the solution to this problem. The solution lies in a rededication on the part of all parties concerned to open responsible communications with a desire to work out our differences on our own, and be it further RESOLVED, that all the decisions involved in any upcoming decision involving representation by AFSCME is one that has to be made by each employee based upon a full understanding of all of the facts concerning,representation by a labor organization. The Bayfield County Board pledges itself to presenting all of these facts to its employees for their careful consideration and be it further RESOLVED, that the Bayfield County Board will keep its employees fully informed at all times concerning the status of this representation matter. PRESENTED BY: Edwin K. Renoos Walter Barningham Wallace Johnson Charles Polich Larry Seidel Art Meierotto Moved by Renoos, seconded by Polich to adopt the foregoing resolution. Motion carried. The following resolution was read: No. 30 WHEREAS, the Bayfield County salary schedule provides for a step increase salary program for elected officials, and WHEREAS, there are two opinions of the Attorney General stating that the county board cannot establish a step system salary program for elected county officials (61-165-403), now therefore be it RESOLVED, that the Bayfield County Board in session this 2nd day of August, 1977, abolish from the salary schedule the beginning step and the 6 months step, and that all elected officials be paid the salary as shown in the 18 month step of the schedule adopted by the county board on June 7, 1977, and be it further RESOLVED, that all elected officials who do now collect certain fees in addition to their salary be allowed to continue collecting such fees. PERSONNEL COMMITTEE Charles Polich Edwin Erickson Eric Johnson Bennie Rude Ernest Heglund Moved by Spears, seconded by Polich to adopt the foregoing resolution. Motion carried. August 2, 1977 The following resolution was read: No. 31 WHEREAS, the Bayfield County board has adopted a resolution abolishing the step system of a salary program for elected county officials pursuant to the Attorney General's opinion (61-165-403), and WHEREAS, Otto Korpela, Register of Deeds, elected to office,in November, 1976, has been paid according to the step system in violation of the Attorney General's opinion, now therefore be it RESOLVED, that the County Clerk be authorized and directed to calculate and pay to said Otto Korpela the difference in salary that he has received since he took office as Register of Deeds and the salary he was entitled to and should have been receiving. PERSONNEL COMMITTEE Charles Polich Edwin Erickson Eric Johnson Bennie Rude Ernest Heglund Moved by Erickson, seconded by Polich to adopt the foregoing resolution. A roll call vote was taken on the adoption of the foregoing resolution with the following results: No. 31a Ayes - Bromberg, E. Johnson, Zamback, Rude, Seidel, Spears, W. Johnson, Heglund, Carter, Hanson, Polich, Ludzack, Renoos, Barningham, Erickson, Meierotto Nayes - none Absent - Rave, Berweger Ayes - 16 Nayes - 0 Absent - 2 Total 18 The following resolution was read: No. 32 Motion carried. Accepting excessive back water for a portion of the Thompson Creek Flood Plain in Bayfield County. WHEREAS, existing State Highway 13, crosses in the flood plain of Thompson Creek in Bayfield County, Wisconsin, restricting the natural flow of flood waters in the Thompson Creek drainage basin causing a backwater above the Wisconsin Flood Plain Management Standards outlined in Wis- consin Administrative Code NR 116 and WHEREAS, Wisconsin Department of Transportation proposes to replace the existing 18 foot span bridge carrying State Highway 13. over Thompson Creek with a new 52 foot long bridge which will accommodate the flood waters of Thompson Creek without raising the backwater higher than that experienced in past years, and WHEREAS, conformance to the Wisconsin Flood Plain management standards would require the construction of a bridge in excess of 68 feet in length, estimated cost approximately $85,000 and such conformance would constitute an undue expense and hardship on area and regional transportati and could delay or inhibit the proposed improvement of State Highway 13. NOW THEREFORE BE IT RESOLVED, that the Bayfield County Board of Supervisors does hereby agree to establish a backwater elevation for the Thompson Creek flood plain west of State Highway 13 for 100 year frequency flood of 622 feet above sea level elevation as established by the 1929 da of the National Geodetic Survey which backwater elevation which is_ understood to be 0.8 feet above the Wisconsin Flood Plain Management Standards as outlined in Wisconsin Administrative Code NR 116 August. 2,. 1977 in which backwater elevation will resolve in flooding conditions no more severe than those produced by the existing bridge and grade line. ' Dated: August 2, 1977 Signed: Bayfield County Zoning Committee Edwin Renoos Bennie R.,. Rude Arthur C. Hanson Herbert G. Spears William H. Carter Moved by Spears, seconded by E. Johnson to adopt the foregoing resolution. Motion carried. The following resolution was read: No. 33 WHEREAS, In an effort to provide residents and visitors of Bayfield County'with recreational and aesthetic opportunities on public lands, Bayfield County operates and maintains a system of County parks, and WHEREAS, Those parks, the equipment and facilities therein have been subject to increasing amounts of vandalism, litter, and other reckless and abusive use by a small minority of park users, and WHEREAS, As a result of the abuse of the Bayfield County parks described above, it is necessary to re-examine and adjust certainn procedures relating to the enforcement of County park ordinances to provide for more effective enforcement of those ordinances and to assure adequate protection for the natural features and public facilities in said parks, and rl- WHEREAS, The implementation of a system allowing recreation department personnel designated 0 by the Sheriff as special deputies, for County park purposes, with such personnel being authorized to use a uniform citation as set forth in Exhibit I, which is attached hereto, and having authority to personally collect fines in accordance with a bond schedule as may be establiE b the Bayfield Count Judge from time.to Y Y Y g time would significantly improve Bayfield Count park � � Y P Y Y law enforcement and protect the unique natural features and public facilities in said parks, NOW THEREFORE BE IT RESOLVED, That the Bayfield County Board of Supervisors hereby author- izes the use of a uniform citation for county park ordinances and does hereby approve the use of that form hereto attached and marked as Exhibit I to be issued for violations of Bayfield County park ordinances, and BE IT FURTHER RESOLVED, That the Bayfield County Board of Supervisors hereby authorizes such members of the Bayfield CountyPark and Recreation Department designated by the Bayfield County Sheriff as special deputies for park purposes to collect fines in accordance with any bond schedule which may be established by the Bayfield County Judge and remit such fines to the Bayfield County Clerk of Courts. William Zamback Karl Ludzack Art-C. Hanson Larry Seidel Ila Bromberg Moved by Hanson, seconded by Seidel to adopt the foregoing resolution. Motion carried. B., = _ _ El, D COUNTY 6UMMOrI � _N 06 1696 .COURT Defendant--------------------------------------------- D.O.B----------------- Address-------------------------------------------- Occupation---------------- Violation----------------------------------------------------- ---------------- 01-x OrdinanW ocNo. Location of Violation ------------------------ Date ---------------- me -------- Evidence Seized---------------------------------------------------------------- ---------------------------------------- efendant's Signature You are hereby ordered to appear be ore Hong Bayfield County Judge, at the Bayfield County Courthouse, Washburn, Wisconsin. A. M. Time ---------- P. M.of the ------------ day of ------------------ 19 ------- ---------------------------------------- Officer's Signature WAIVER AND RECEIPT Amount of Bond Posted $ ---------------- I hereby waive my rights to appear and enter a plea of Nolo Contendere (No contest) to the charge indicated in the. above Summons., ---------------------------------------- Defendant's Signature ---------------------------------------------------------------------------- Signature of Officer Receiving Bond Title Date (White Copy to Warden) (Yellow Copy to Defendant) (Pink Copy for Court Record) '/ 1-84 August_ 2. 1977 The following Amendatory Ordinance was read: No.- 34 The Bayfield County Board of Supervisors ordains as follows-: i� That the Bayfield County Zoning. Ordinance, adopted June 1, 1976, be and the same, is hereby ..... >" amended so that as amended, The East -half (E,) of the North-East One -Quarter (NE 4) of the North-West One -Quarter (NW4) , Section Twenty -Two (22), Township Forty -Five (45) North, Range Six (6) West is changed from Residential-1 Use to Agricultural-1 Use, Dated: August 2, 1977 Signed: Bayfield County Zoning Committee Edwin Renoos William Carter Art. C. Hanson Walter Barningham Herbert G. Spears Bennie Rude Moved by Spears, seconded by Carter to adopt the foregoing Ordinance. Motion carried. Motion No. 35 Moved by Seidel, seconded by Bromberg to take Resolution No. 12 from the table and act on it. Motion carried. Moved by Bromberg, seconded by Zamback to amend the resolution by taking the word camping unit and changing it to campsite. Motion carried. Resolution No..12 was again read. Moved by Seidel, seconded by Rude to adopt the foregoing resolution as.amended. Motion carried. The following communication was read: No. 36 STATE OF WISCONSIN/DEPT. OF .TRANSPORTATION June 17, 1977 Mr. Lawrence C. Young, Commissioner Bayfield County Highway Department Box 428, 311 South lst Avenue East,. Washburn, WI 54891 Mr. Edward A. Pajala Bayfield County Clerk Courthouse Washburn, WI 54891 Dear Sirs: Project 8510-6-21 West County Line - Port Wing Road S.T.H. 13 Bayfield County The Highway Commission deems it necessary to make certain revisions on a previously approved right of way plat and to acquire c-ertain lands and interests in lands according to such revisions, for the proper improvement or maintenance of the above -designated project and highway. The revised relocation order of the Commission and the map showing the highway as laid out and established and the lands and interests to be acquired are transmitted herewith. The enclosed relocation order provides that the necessary acquisitions of lands and interests not previously acquired shall be made by the Division of Highways, pursuant to Section 84.09(1) or (2), Wisconsin Statutes. Sincerely, Joseph Sweda Highway Commission Vice Chairman August 2, 19 RELOCATION ORDER Wisconsin Department of Transportation Division of Highways Project Name of Road Highway County 8510-6-21 West County Line - Port Wing Road S.T.H. 13 Bayfield Right of Way Plat Date Plat Sheet Numbers Date of Previous Order May 11, 1977 4.0 Description of Termini of Project April 19, 1977 Beginning 2490.34 feet N. 1005'32" E. and 1858.52 feet N. 8805428" W. of the southeast corner of Section 5, Township 49 North, Range 9 West, thence northeasterly to a point 3459.66 feet N. 1005'32" E. and 714.98 feet S. 88054'28" E. of the southwest corner of Section 4, Township 49 North, Range 9 West. To properly establish, lay out, widen, enlarge, extend, construct, reconstruct, improve, or maintain a.portion of the highway designated above, it is necessary to relocate or change and acquire certain lands or interests in lands as shown on the right of way plat for the above project. To effect this change, pursuant to authority granted under Sections 84.02(3) and 84.09, Wis- consin Statutes, the Highway Commission hereby orders that: 1. The said highway is hereby laid out and established to the lines and widths as shown on the plat. 2. The required lands or interests in lands as shown on the plat. shall be acquired by the Division of Highways, in the name of the State of Wisconsin, pursuant to the provisions of Section 84.09 (1) or (2) , Wisconsin Statutes. 3. This order supersedes and amends any previous order issued by the Commission. June 7, 1977 Joseph Sweda, Date Highway Commission Vice -Chairman Moved-by'Carter, seconded by Ludzack to receive the foregoing communication and place it on file. Motion carried. The following communication was read: No. 37 STATE OF WISCONSIN/DEPT. OF TRANSPORTATION July 29, 1977 Mr. Lawrence C. Young, Commissioner Bayfield County Highway Department Box 428, 311 South First Avenue East, Washburn, WI 54891 Mr. Edward A. Pajala Bayfield County Clerk Courthouse Washburn, WI 54891 Dear Sirs: Project 1186-1-21 S'T.H.. 137 - East County Line Road U.S.H. 2 Bayfield County The Division of Highways deems.it necessary to make certain revisions on a previously approved right of way plat and to acquire certain lands and interests in lands according to such revisions, for the proper improvement or maintenance of the above -designated project and highway. The revised relocation order of the Commission and the map showing the highway as laid out and established and the lands and interests to be acquired are transmitted herewith. 2. 1977 The enclosed relocation order provides that the necessary acquisitions of lands and interests not previously acquired shall be made by the Division of Highways, pursuant to Section 84.09(1) or (2) , Wisconsin Statutes. Sincerely, H. L. Fiedler Acting Administrator Project Name of Road RELOCATION ORDER Wisconsin Department of Transportation Division of Highways 1186-1-21 S.T.H. 137 - East County Line Road Right of Way Plat Date April 26, 1977 Description of Termini of Project Plat Sheet Numbers 4.0 through 4.3 Highway County U.S.H. 2 Bayfield Date of Previous Order December 9, 1974 Beginning at a point 1252.4 feet north and 553.2 feet east of the center of Section 10, Township 47 North, Range 5 West, thence northeasterly to a point 1470 feet east and 78 feet north of the southwest corner of Section 36, Township 48 North, Range 5 West. To properly establish, lay out, widen, enlarge, extend, construct, reconstruct, improve or maintada a portion of the highway designated above, it is necessary to relocate or change and acquire certa lands or interests in lands as shown on the right of way plat for the above project. To effect this change, pursuant to authority granted under Sections 84.02(3) and 84.09, Wisconsin Statutes, the Division of Highways hereby orders that: 1. The said highway is hereby laid out and established to the lines and widths as shown on the pla 2. The required lands or interests in lands as shown on the plat shall be acquired by the Division of Highways, in the name of the State of Wisconsin, pursuant to the provisions of Section 84.09(1) or (2) , Wisconsin Statutes. 3. This order supersedes and amends any previous order issued by the Commission. July 25, 1977 H. L. Fiedler date Acting:Administrator Moved by Seidel, seconded by Heglund to receive the foregoing communication and place it on file. Motion carried. The following communication was read: No. 38 STATE OF WISCONSIN/DEPT. OF TRANSPORTATION Bureau of Accounting and Auditing Hill Farms S.O.B. Room 851 Madison, WI` 53702 June 30, 1977 Dear Treasurer: Allotment for County Trunk Highways June 30, 1977 Sections 20.395 (1) (QA) & 83.10 (1) , Wisconsin Statutes The enclosed check is in payment of your,county's allotment for county trunk highways available June 30, 1977 pursuant to Sections 20.395 (1) .(QA) and 83.10 (l) of the Wisconsin Statutes. The amount of the allotment is as follows: Proportionate Share of $3,500,000 $53,124.35 County Trunk Hwy Mileage at $65 per mile $11,807.90 TOTAL ALLOTMENT $64,932.25 t 2. 1977 A copy of this letter is being mailed to the County Clerk in compliance with Section 14.42(10), of the Wisconsin Statutes. Sincerely, Bert E. Morelock, Director Bureau of Accounting and Auditing By D . E.; ,McDaniel, Chief Accounting Section Moved by W. Johnson, seconded by Rude to receive the foregoing communication and place it on file. Motion carried. The following communication was read: No. 39 STATE OF WISCONSIN/DEFT. OF TRANSPORTATION Bureau of Accounting and Auditing Hill Farms SOB #851 Madison, WI 53702 April 15, 1977 TO: COUNTY TREASURERS Re: Pre -payment of 1977 Supplemental County Trunk Highway Allotment s. 20.395 (1) (qb) 1 & 2. The enclosed State Treasurer's check in the amount indicated on the attached chart represents the 1977 pre -payment of the Supplemental County Trunk Highway Allotment pursuant to s.20.395 (1) (qb) 2e. This pre -payment is computed as 50 percent of the total Supplemental County Trunk Highway Allotment paid in 1976. The exact amount available for the 1977 Supplemental County Trunk Highway Allotment will be determined after the close of the current fiscal year on June 30, 1977. The balance of this allotment will be computed and remitted as soon as possible thereafter. This payment is supplemental to and to be used for the same purposes as the Basic County Trunk Allotment of June 30th. Sincerely, Bert E. Morelock, Director Bureau of Accounting and Auditing By D. E. McDaniel, Chief Accounting Section Moved by Johnson, seconded by Meierotto to receive the foregoing communication and place it on file. Motion carried. The following communication was read: No. 40 STATE OF WISCONSIN/DEPT. OF TRANSPORTATION Bureau of Accounting and Auditing Hill Farms S.O.B. Room 851 Madison; WI 53702 July 6, 1977 TO THE CLERK OF BAYFIELD COUNTY: Notice of County Transportation Aid Fiscal Year -Ending June 30, 1978 A .` August 2, 1977 Pursuant to S.84.01(16), Wisconsin Statutes, you are hereby notified of the estimated county transportation aid to be paid to your county from funds becoming available in the fiscal year ending June 30, 1978. Total Estimated County Transportation'Aid for Fiscal Year 1978 $377,519.22 Section 86.30(4)(b) of the Wisconsin Statutes provides for these,aids to be paid in equal quarterly payments. The first payment will be made on the first Monday of October 1977. The final fiscal year 1977 payment to be made to counties on August 15, 1977 is not included in the estimated total shown above. Bert E. Morelock, Director Bureau of Accounting- & Auditing By D. E..McDaniel, Chief Accounting Section Moved by Spears, seconded by Carter to receive the foregoing communication and place it on file. Motion carried. Moved by E. Johnson, seconded by Hanson to adjourn. Motion carried. Walter C. Barningham,CC Bayfield County Board c Supervisors Edward A. Pajala, Clerk Bayfield County