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HomeMy WebLinkAboutCounty Board of Supervisors - Minutes - 2/7/1978MEETING OF THE BAYFIELD COUNTY BOARD OF SUPERVISORS February 7, 1978 The meeting was called to order at 9:40 AM by Walter Barningham, County Board Chairman.. ,I The following members answered roll call: No. 1 Edwin Erickson, Arthur Meierotto, Ila Bromberg, Eric Johnson, William Zamback, Bennie Rude, Larry Seidel, William Rave, Herbert Spears, Wallace Johnson, Ernest Heglund, William Carter, Arthur Hanson, Joseph Berweger, Charles Polich, Karl Ludzack, Walter Barningham Absent - Edwin Renoos Present - 17 Absent - 1 Total 18 A prayer and pledge of allegiance was led by Larry Seidel, board member. Moved by Rave, seconded by Heglund to dispense with the reading of the minutes of the previous meeting.. Motion carried. NO. 2 Clerk Pajala brought the board up to date on the progress of the National Park Service proposal to purchase 1400 acres of county owned land. An official appraisal has been received from the park service and the executive committee tentatively accepted the proposal and a reso- lution was going to be presented to the board today. It has now come to the attention of the committee that part of the lands are entered under the County Forest Crop Law and cannot be sold until they are withdrawn and there also appears to be some question in regard to the appraisal. Pajala stated that he has suggested to the Executive Committee that these matters be resolved before a resolution is presented to the county board. The Executive Committee is now in favor of holding off action on the sale of the land until the April meeting. Pat Miller, Superintendent of the Apostle Islands National Park Service appeared =before the board in regard to the proposed purchase. Renoos arrived at 9:50 A.M. Mr. Miller stated that he has now been made aware of the fact that some of the lands are entered under the F.C.L. and, consequently, the park service is now preparing two separate offers which would allow the county to approve the sale of the lands not entered under the F.C.L. first and then second with the remaining lands to be sold after they have been with- drawn from Forest Crop. William Hepner, Forest.Administrator, was present and also spoke on the matter. He stated that if the county is desirous of selling the lands entered under Forest Crop, the board should direct the Forestry Committee to initiate action for withdrawal. February 7, 1978 Clerk Pajala stated that he had requested the district attorney to give him an opinion regarding the procedure,of sale of county owned lands to the U.S. Government. The clerk read to the board the opinion of the district attorney in which the district attorney stated that he was of the opinion that Section 75.69 of the Wisconsin Statutes would be controlling and states in essence that no tax delinquent real estate acquired by a municipality should be sold unless the sale and appraised value of such real estate has been advertised by publication of a Class 3 Notice under Chapter 9$5. The district attorney further stated that the requirement would not apply to lands that have been withdrawn from C.F.L. Moved by Polich.that the county board refer the matter of sale of all these lands involved to the Forestry Committee for a further study and brought back to the county board in April. Motion lost due to lack of a second. Moved by Bromberg, seconded by E. Johnson that the county board approve the sale of the land to the National Park Service in concept so that the different committees can go ahead. Bromberg withdrew her motion. MOTION NO. 3 Moved by Seidel, seconded by Carter to refer the matter of withdrawal of the County Forest Lands to the Forestry Committee and authorize them to proceed with the withdrawal. Motion carried. MOTION NO. 4 Moved by Ludzack, seconded by Bromberg to refer the negotiations for the balance of $he land and check the legality to the executive committee. Motion carried. NO. 5 Tom Higgins, Douglas County Board Chairman and CEP field man, spoke briefly to the board. Mr. Higgins advised the board that CEP will have money available to finance special projects and that if the county board'or any municipality is interested, they should contact the Ashland Intake Center. The following Emergency Fire Warden list for 1978 was read: No. 6 STATE OF WISCONSIN/DEPARTMENT OF NATURAL RESOURCES Box 80 Brule, WI 54820 January 30, 1978 Mr. Edward A. Pajala Bayfield County Clerk Courthouse Washburn, WI 54891 Dear Mr. Pajala: Attached is the recommended list of emergency fire wardens for Bayfield County for 1978. Would you kindly present this list to the County Board for their approval at the next meeting. Please notify us as to what the Board's action is sometime before March 15, 1978. You may keep the attached list for your records. Very truly yours, Fire Control Sect -ion Thomas W. Roberts Area Forest Ranger �9� February 7, 1978-- To the Honorable: The County Board of Bayfield County, Wisconsin Gentlemen: In accordance with section 26.12(3) and section 26.14(3) of the Wisconsin Statutes we recommend the following men to act as authorized emergency fire wardens for the prevention and suppression .of forest fires in this county for the year 1978, and ask your approval of this organization list. EMERGENCY FIRE WARDENS Vernon Tutor for town of Barksdale Rt. #1, Washburn 54891 John P. Desrosiers for town of Barnes Star Rt., Solon Springs 54873 Jerry Friermood for town of Barnes Star Rt., Solon Springs 54873 William Friermood for town of Barnes Star Rt., Solon Springs 54873 Walter Pease for town of Barnes Star Rt., Solon Springs 54873 Stanley Barnes for town of Barnes Star Rt., Solon Springs 54873 George J. Martin for town of Barnes Star Rt., Solon Springs 54873 Michael Bonney for town of Bayfield Bayfield 54814 William Hepner for town of Bayfield Bayfield 54814 Robert Skulan for town of Bayfield Bayfield 54814 Reuben Daubner for town of Bell Cornucopia 54827 Paul S. Regorrah for 'town of Cable Cable.54821 Robert Anderson for town of Cable Cable 54821 Thomas Rondeau Jr. for town of Cable Cable 54821 Richard Sorenson for town of Cable Cable 54821 Bokkie Beeksma for town of Clover Herbster 54844 Anthony Janoch for town of Clover Herbster 54844 Edward Puig Jr. for town of Clover. Herbster 54844 Arthur Hanson for town of Delta Rt. #3 Mason 54856 William Meyer for town of Delta Rt. #2 Mason 54856 Walter G. Nordby for town of Drummond Drummond 54832 George Siebert for town of Drummond Rt. #1 Drummond 54832 Kenneth Greenwood for town of Drummond Drummond 54832 Bart Nemetz for town of Eileen Rt. #1 Ashland 54806 Paul Nemetz for town of Eileen Rt. #1 Ashland 54806 Edward Sechen for town of Eileen Rt. #2 Mason 54856 David Hanks for town of Grandview Grandview 54839 John E. Hanson for town of Iron River Iron River 54847 Wayne Wheeler for town of Iron River Iron River 54847 Kenneth Patenaude for town of Iron River Iron River 54847 Ryan Pyykola for town of Iron River Iron River. 54847 William Stuart for town of Kelly Rt. #1 Mason 54856 W. Mickey Kurilla for town of Kelly Rt. #1 Mason 54856 Marshall Brinkman. for town of Keystone Rt. #3 Mason 54856 Thorwald Levin for town of Lincoln Rt. #3 Mason 54856 Sigurd Swanson for town of Lincoln Rt. #1 Mason 54856 Robert Hanson for town of Mason Mason 54856 Betty Gilbertson for town of Mason Benoit 54816 Al Kravick for town of Namakagon Cable 54821 Richard MacNeill for town of Namakagon Hayward 54843 292 February 7, 1978 David Nelson for town of Namakagon Hayward 54843 John Schultz for town of Namakagon Hayward 54843 Carroll Pedersen for town of Namakagon Hayward 54843 Gary Gustafson for town of Namakagon Hayward 54843 Nels Pearson for town of Namakagon Hayward 54843 Patricia Cairns for town of Namakagon Hayward 54843 Robert Keys for town of Namakagon Hayward 54843 Arnold Anderson for town of Namakagon Hayward 54813 Basil Hansen for town of Namakagon Hayward 54843 Norman Matson for town of Namakagon Hayward 54843 William Pfeifer for town of Namakagon Hayward 54843 Reino Makela for town of Oulu Rt. 1, Brule 54820 Harry E. Pudas for town of Oulu Iron River 54847 Erick Sande for town of Pilsen Rt. 3, Ashland 54806 Don Kenda for town of Port Wing Port Wing 54865 Lee Kavajecz for town of Port Wing Port Wing 54865 George Tribovich for town of Russell Rt. 1, Bayfield 54814 Joseph Pascale Jr. for town of Russell Rt. 1, Bayfield 54814 Alden Allen for town of Russell Rt. 1, Bayfield 54814 Edward A. Pajala for town of Washburn Rt. l; Washburn 54891 Orlyn Lowe for town of Washburn Washburn 54891 Donald Snippen for town of Washburn Rt. 1, Washburn Murray A. Hartshorn for town of Washburn Washburn 54891 D. Niles Eilertsen for town of Washburn Washburn 54891 James J. Dibbell for town of Washburn Washburn 54891 Duane H. Raspotnik for town of Washburn Rt. 1, Washburn 54891 George A. LaFay for town of Washburn Washburn 54891 Joseph S. Bra.ndis, Jr. for town of Washburn Rt. # Ashland 54806 Jon D. Schendel for town of Washburn Washburn 54891 Florence M. Nies for town of Washburn Washburn 54891 Isabelle M. Moe for town of Washburn Washburn 54891 James L. Meunier for town of Washburn Washburn 54891 Phillip Tetzner for town of Washburn Rt. 1, Washburn 54891 Joseph Johanik Sr. for. town of Washburn Rt. 3, Ashland 54806 Joseph Johanik, Jr. for town of Washburn Rt. 3, Ashland 54806 Richard J. Davis for town of Washburn Rt. 1, Iron River 54847 William J. Judd for town of Washburn Washburn 54891 Paul Brozovich for town of Iron River Iron River 54847 Brule, Wisconsin DEPARTMENT OF NATURAL RESOURCES January 31, 1978 By: Thomas W. Roberts Area Forest Ranger Moved by Berweger, seconded by Spears to approve the list as read. Motion carried. :2 000 February 7. 1978 The following resolution was read: No. 7 WHEREAS, Richard Fredericks, former Chief Deputy, has been appointed Sheriff of Bayfield County due to the resignation of Rudy Frechette, thereby creating a vacancy in the office of Chief Deputy, and WHEREAS, the Personnel Committee and Sheriff's Commission has advertised the position and received several applications, and WHEREAS, the Personnel Committee and Sheriff's Commission did have a meeting and inter- viewed five of the top ranking candidates, and WHEREAS, said meeting was adjourned to Tuesday morning, February 7th, and WHEREAS, said adjourned meeting was held on February 7th and at that meeting the committee has by majority vote appointed Ralph Neff as Chief Deputy of Bayfield County, NOW THEREFORE BE IT RESOLVED, that the appointment of Ralph Neff as the Bayfield County Chief Deputy be approved. Charles Polich PERSONNEL COMMITTEE AND SHERIFF'S COMMISSION Ernest Heglund Bennie R. Rude Moved by Rude, seconded by Polich to adopt the foregoing resolution. Motion carried. The following resolution was read: No. 8 WHEREAS, the youth of Bayfield County are served by six school districts, each independent of the others, and WHEREAS, the youth of Bayfield County are served by five departments of the County, each independent of the other departments, and WHEREAS, a comprehensive youth plan would be beneficial to meet the needs of, and explore the resources available to, the youth of Bayfield County, and WHEREAS, a Board would be necessary to draft and implement such a plan and to coordinate activities to avoid duplication, now therefore be it RESOLVED, that a Bayfield County Youth Board be formed by the Bayfield County Board of Supervisors this 7th day of February, 1978, and be it further RESOLVED, that said Youth Board shall consist of the Bayfield County UW-Ext. Youth Agent, Juvenile Specialist, Recreational Director, 1 person each representing Social Services and Unified Services Board and 1 person each from the five Bayfield County school districts and the partial school district of Northwestern, and be it further RESOLVED, that the County Board Chairman shall appoint one member from the aforesaid school districts and each member appointed shall choose one alternate. Art Meierotto Larry Seidel Ila Bromberg Bennie Rude Moved by Bromberg, seconded by Rude to adopt the foregoing resolution. A lengthy discussion followed. Moved by Renoos to refer to the Executive Committee for further study. Motion lost due to lack of a second. Edith Merila, Rod Buchele, Joyce Meyer and Gary Gylund all spoke in favor of the proposal. February 7, 1978 A roll call vote was taken on the adoption of the foregoing resolution with the following results: No. 8a Ayes - ` Meierotto, Bromberg, Rude, Seidel, Rave, W. Johnson, Heglund, Ludzack, Barningham Nayes - Erickson, E. Johnson, Zamback, Spears, Carter, Hanson., Berweger, Polich, Renoos Ayes - 9 Nayes - 9 . Total 18 The motion to adopt was lost due to lack of a majority in favor. The following resolution was read: No. 9 WHEREAS, the Bayf ield County Board of'Supervisors recognizes a responsibility to provide positive alternatives for youth of the county both to prevent delinquency and to offer additional social and educational opportunities; and WHEREAS, recreationally -oriented youth programs have been effective in meeting these goals throughout the nation and in Bayfield County; and WHEREAS, it is the desire of this County Board to make this type of program available to all youth of the county, including local direction and volunteers, and offering coordination of youth programs; NOW, THEREFORE, BE IT RESOLVED, that a Bayfield County Youth Program be established based on the attached program summary; and BE IT FURTHER RESOLVED that staffing alternatives such as program employees be investigated. Ila Bromberg Bennie Rude (The detailed program summary is on file in the county clerk's office) Moved by Renoos, seconded by Polich to refer this matter to the Executive Committee for further study. A roll call vote was taken on the adoption of the foregoing motion-: with the following results: No. 9a Ayes - E. Johnson, Zamback, Spears, Berweger, Polich, Renoos, Barningham Nayes - Meierotto, Bromberg, Rude, Seidel, Rave, W. Johnson, Heglund, Carter, Hanson, Ludzack, Erickson Ayes - 7 Nayes 11 Total 18 Motion lost. A roll call vote was taken on the adoption of Resolution No. 9 with the following results: Ayes - Bromberg, Rude Nayes - E. Johnson, Zamback, Seidel, Rave, Spears, W. Johnson, Heglund, Carter, Hanson, Berweger, Polich, Ludzack, Renoos, Barningham, Erickson, Meierotto Ayes - 2 Nayes - 16 Total 18 Motion lost. MOTION NO. 10 Moved by Bromberg, seconded by Rude that a letter go out to each school district under the county board chairman's signature advising them of the action of the county board in regard to establishing a youth program committee. Motion lost. 295 February 7, 1978. The following resolution .was read: No. 11 WHEREAS, the recreation industry is the second largest industry in the county and the Bayfield County Board has always recognized the importance of the recreation industry, and WHEREAS, to promote the recreation industry it has for many years been customary for Bayfield County to appropriate money to'send representatives of the county to various summer sport shows, and WHEREAS, the Conservation Committee did include an item of $21000 in the 1978 proposed budget to cover the per diem and expenses of county representatives attending various summer sport shows, and WHEREAS, the Conservation Committee recognizing the county budget limitations, deleted from the conservation budget an item of $2,000 for newspaper advertising, and WHEREAS, the Executive Committee of the County Board made a further cut in the,proposed budget by deleting the $2,000 item proposed for the sport shows, and WHEREAS, the Conservation Committee is of the opinion that deleting that funding is not in the best interest of the recreation industry or of Bayfield County NOW THEREFORE -BE IT RESOLVED, that the Bayfield County Board in session this 7th day of February, 1978 reinstate the $2,000 in the conservation budget, and BE IT FURTHER RESOLVED, that the county clerk hereby be authorized and directed to trans- fer from the Contingency Fund to the Conservation Budget the aforementioned amount of $2,000. CONSERVATION COMMITTEE Larry Seidel Art Hanson Karl Ludzack Moved by Spears, seconded by Seidel to adopt the foregoing resolution. S. W. Dykstra, President of the Bayfield County Recreation Association appeared before the board and spoke in favor of the resolution. Hedy Urban, State Tourism Council, also was present and spoke in favor of the resolution. AMENDMENT lla Moved by Bromberg, seconded by Zamback to amend Resolution No. 11 as follows by adding the following: AND BE, IT FURTHER RESOLVED, that no more than six persons be reimbursed by county funding to man a 10-day show, and year. BE IT FURTHER RESOLVED, that any show not adequately manned be discontinued the following A roll call vote was taken on the adoption of the foregoing amendment with the following results: No. llb Ayes - Zamback, Rude, W. Johnson, Heglund, Meierotto, Bromberg Nayes - E. Johnson, Seidel, Rave, Spears, Carter, Hanson, Berweger, Polich, Ludzack, Renoos, Barningham, Erickson Ayes - 6 Nayes - 12 Total 18 Motion lost. A roll call vote was taken on, the adoption of Resolution No. ll,with the following results: No. lle Ayes - Rude, Seidel, Rave, Spears, Heglund, Ludzack, Renoos, Barningham, Erickson, E. Johnson Nayes - Zamback, W. Johnson, Carter, Hanson, Berweger, Polich, Meierotto, Bromberg, Ayes - 10 Nayes - 8 Total 18 Motion carried. 1978 Moved by Erickson, seconded by Renoos to adjourn for lunch. Motion carried. The meeting was called to order at 1:15 PM with the following members answering roll call: No. 12 Ayes - Erickson, Meierotto, Bromberg, E. Johnson, Zamback, Rude, Seidel, Rave, Spears, W. Johnson, Heglund, Carter, Hanson, Berweger, Polich, Ludzack, Renoos, Barningham Total present - 18 The following resolution was read: No. 13 WHEREAS, the Chicago and Northwestern Railroad has secured approval for abandonment for certain trackage in Bayfield County, Wisconsin, and ;{ WHEREAS, the Department of Transportation of the State of Wisconsin is desirous that the ti railroad bed be maintained between Hayward and Bayfield, Wisconsin, and 7 WHEREAS, the Department of Transportation has indicated that it would cooperate with a non- profit corporation organized for the purpose of acquiring such trackage as is to be abandoned t� between Hayward and Bayfield, Wisconsin, for the purpose of assisting in the preservation of such trackage, and WHEREAS, a great number of Ashland and Bayfield County residents have indicated that the preservation of such trackage would assist in a development of a non-profit railroad line between Ashland and Bayfield with the primary emphasis as a tourist attraction, and a secondary interest in the preserving of the trackage for freight service, and WHEREAS, a group of citizens has now organized a without stock and not for profit Wisconsin corporation for the purpose of encouraging the operation of a railroad between Ashland and Bayfield, and WHEREAS, it is deemed desirable that the County Boards of Bayf ield:and Ashland Counties participate in the project, and WHEREAS, the articles of incorporation are.drawn in such a manner as to assure that neither Ashland nor Bayfield County will in any way be responsible for any obligations, financial or otherwise, created by the corporation, NOW, THEREFORE, IT IS RESOLVED by the Bayfield County Board as follows; RESOLVED,. that the County Board of Supervisors of Bayfield County do hereby endorse the formation of a non -stock and not for profit Wisconsin Corporation for the purpose of encouraging the operation of a railroad between Ashland and Bayfield with primary emphasis on the train being operated for tourist purposes and with secondary emphasis for the continuation of the haul of freight between the communities involved, and that in order to assist in the carrying out of such corporation and appoint one of its members to the Board of said corporation, and will further approve all other nominees to the Board of said corporation. Edwin Renoos Moved by Renoos, seconded by Erickson to adopt the foregoing resolution. (See Amendments 15 and 16 for corrections made in above resolution.) Moved by Bromberg, seconded by Seidel to adjourn as a county board to hear from the audience regarding the tourism train project. Motion carried. February 7, 1978 Bruce Benton, railroad employee from Ashland, Bob Holmes, Jim Melin, Ashland County Board members and Ken Todd, Ashland County Board Chairman were present. Mr. Melin stated that in order to receive federal grant monies, they need the backing from Ashland and Bayfield Counties and he told the board that adoption of the resolution would in no way obligate the county financially. District Attorney, Bill Bussey was present and stated'that he had received a copy of the resolution Friday afternoon, February 3rd and had only read the resolution, but due to other pressing work he did not have time to study the resolution thoroughly and, consequently, he was in no position to issue an opinion on the resolution regarding the legal status or the county financial obligation if the resolution were to be adopted. He stated that if he were given more time to study the resolution, he would be in a better position to issue an opinion. Moved by Erickson, seconded by Polich to reconvene as a.county board..,Motion carried. MOTION NO. 14 Moved by Renoos, seconded by Polich to defer this matter until the next.county board meeting in order to have time to get the District Attorney's opinion on the legality of said resolution. A roll call vote was taken on the adoption of Motion No. 14 with the following results: No. 14a Ayes - Spears, Polich, Renoos, E. Johnson Nayes - Rude, Seidel, Rave, W. Johnson, Heglund, Carter, Hanson, Berweger, Ludzack, Barningham, Erickson, Meierotto, Bromberg, Zamback Ayes - 4 Nayes - 14 Total 18 Motion lost. AMENDMENT NO. 15 Moved by W. Johnson, seconded by Rude to'amend the resolution as follows: Strike out from the 4th and 5th lines of the 4th paragraph "with the primary emphasis" "a secondary interest". Motion carried. AMENDMENT NO. 16 Moved by W. Johnson, seconded by Meierotto to further amend the resolution by striking out from the 5th and 6th lines of the 9th paragraph "with primary emphasis on the train being operated" "with secondary emphasis". Motion carried. A roll call vote was taken on the adoption of Resolution No. 13 as amended with the following results: No. 13a Ayes - Seidel, Rave, Spears, W. Johnson, Heglund, Carter, Hanson, Berweger, Ludzack, Barningham Erickson, Meierotto, Bromberg, E. Johnson, Rude Nayes - Polich, Renoos, Zamback Ayes - 15 Nayes - 3 Total 18 Motion carried. MOTION NO. 17 Moved by Bromberg, seconded by Rude to appoint Karl Ludzack as Bayfield County's repres- entative to said board. Motion carried. The following communication was read: No. 18 TOWN OF DELTA Bayfield County, WI January 26, 1978 Mr. Walter Barningham, chairman Bayfield County Board Washburn, WI 54891 Dear Sir: The Delta Town Board wishes to inform the Bayfield County Board and its highway committee, that t are supportive of the Northwest Regional Planning Commission's plan to change Forestry Road #223, the Delta -Drummond Road, to a county road. County maintenance would be most appropriate since #223 will route tourists north to Highway #2. Sincerely, Mrs. E. Visocky, Delta Clerk Rt. 2 Box 225 Mason, WI 54856 cc-twn bd Moved by Berweger, seconded by Spears to refer the communication to the jurisdictional study committee. Motion carried. NO. 19 Don Wilson, from the Division of Highways in Superior, appeared before the board in regard to the jurisdictional study. The purpose for the jurisdictional study in Bayfield County is to classify the highway system in the county according to the purpose or function that each high- way serves and then relate that function to the right jurisdiction. He showed the board maps of the functional classification system. Mr. Wilson stated that if the county were to absorb all of the highways as proposed by the jurisdictional classification study committee, the impact would be quite heavy and he stated that the county may wish to approve the various changes in several steps over a period of 10 or more years. Mr. Wilson stated that he was present to seek input from the county board as to which direction they should proceed. Moved by Polich, seconded by Carter to refer the matter to the highway committee, Dept. of Transportation, Jurisdictional Highway Committee and the Northwest Regional Planning Commission. Motion carried. NO. 20. Clerk Pajala stated that'he has discussed`the In Lieu of Taxes revenues with the district attorney as the county board had originally referred the matter to Tom Fox the former district attorney and there still appeared to be some dis-satisfaction on the part of the county board regarding Mr. Fox's opinion. He then read the following opinion as given by Mr. Bussey. February 7,.1978 9 WILLIAM D..BUSSEY District Attorney Bayfield Co. February 6, 1978 Mr. Edward A. Pajala Bayfield County Clerk Washburn, Wis. Dear Mr. Pajala: You have requested my opinion on whether payments in lieu of taxes received by the County under Section 1 of Public Law 94-565 can be distributed by the County to the towns in which the National Forest lands entitling the County to such payments are located. In my opinion, the County can not distribute such payments to the towns in question. My reasoning is as follows: Section 1 of Public Law 94-565 provides that "...the Secretary is authorized and directed to make payments on a fiscal year basis to each unit of local government in which entitle- ment lands (as defined in Section 6) are located. Such payments may be used by such unit for any governmental::purpose...." Section 6 of the Act defines "unit of local government as "...a county, parish, township, municipality, borough existing in the State of Alaska on the date of enactment of this Act, or other unit of government below the State which is a unit of general government as determined by the Secretary...." Pursuant to this Section the Secretary of the Interior has determined that in Wisconsin, counties - rather than towns - are the "units of local government" entitled to receive pay- ments in lieu of taxes under Section 1 of the Act. A similar determination by the Secre- tary with respect to Michigan counties and towns has withstood a court challenge. Accordingly, it is quite clear that it is the County - not the towns - which is entitled to receive the payments under the act. A question remains, however, as to whether the County may distribute such.payments to the towns, if it wishes to do so. Section 1 of the Act states that the payments may be used for "any governmental purpose". However, I do not think that it was the intent of the Act to give local units of government authority beyond that given them under state law. Therefore, I construe this language to mean that a county may use the payments for any governmental pur- pose permitted under state law. It is well established by decisions of the Wisconsin Supreme Court that "County Boards have only such legislative powers as are conferred upon them by statute, expressly or by clear implication. Maier v. Racine County 1 Wis. 2nd 384 (1957) ." Thus it is my opinion that the County can not distribute the payments.in question to towns unless there is a provision in the Wisconsin Statutes which authorizes the County to do so. Section 59.20 (13) Wis. Stats. states that if the County receives "national forest income", the County Treasurer shall "Make distribution thereof to the towns in the county wherein national forest lands are situated...." However, since this section was enacted long before Public Law 94-565 and uses the term "national forest income". I believe that it refers only to payments received from national forest timber sales out of the so-called 25/ fund and not to payments in lieu of taxes under Public Law 94-565. I can find no other provision in the Statutes which authorizes the distribution of the payments in question to towns. Accordingly, I must conclude that the County does not have such authority. However, since the question you raise is an important one affecting a number of counties and towns, I,recommend that we request an Attorney General's opinion on the question. Sincerely yours, William D. Bussey Moved by Renoos, seconded by Carter to request the attorney general's opinion on the in lieu of taxes money. Motion carried. The following petition was read: No. 21 PETITION The undersigned parties, being adjacent property owners to the right of way of the Chicago and Northwestern Railroad on its route from Washburn to Bayfield, hereby petition said Railroad to strongly consider the sale of the right of way to the adjacent property owners in the event it is no longer used for Railroad purposes. In the event the right of way is not sold to the adjacent property owners and is not used for Railroad purposes, it is the strong opinion of the undersigned petitioners that the property not be used for snowmobile trails, bilging trails, cross country skiing trams. re 7. 1978 Elmer and Leona Anderson, 1301 West loth St... Vernon E. Kugler, 209 N. llth Ave. E., Ashland. Edith F. Shaylor', Town of Bayview Alice M. Kurschner, Town of Bayview C. W. Bodin, Town of Bayview Dorothy Bodin, Town of Bayview Moved by Seidel, seconded by Ludzack to receive the foregoing petition and place it on file. Motion carried. The following resolution was read: No. 22 WHEREAS, the Highway Commissioner, the Highway Committee and the Labor Negotiator of Bayfield) County, have carried on extensive negotiations with General Drivers Local No. 346 and have arrived at a settlement of a contract for the years 1978 and 1979,, NOW, THEREFORE, BE IT.RESOLVED, that the appropriate officers of the County of Bayfield enter into a contract with said Union for the years 1978 and 1979, which will provide for the following changes: 1. That the senior mechanic receive an increase of 5� per hour for the first year only in addition to the overall wage increase of 40�. 2. That there be an overall wage increase of 40� per hour for the year 1978, and an overall wage increase of 40'� per hour for the year 1979. 3. That effective January 1, 1978, that the vacation schedule be amended to provide as follows: 1 Year Service 12 Days 1.0 Years Service 17 Days 18 Years Service 20 Days 22 Years Service 25 Days 4. That there be an allowance for tools for each of the two mechanics for $50.00 per year and an allowance for coveralls for each of the two mechanics not to exceed $35.00 per year. S. That the starting time for other than the office and State Patrol be changed to 7:00 a.m. to 3:30 p.m. for the full week commencing May 1 and to the full week ending October 31; the remainder of the year will remain from 8:00 a.m. to 4:30 p.m. Office hours.and State Patrol hours to remain unchanged. 6. Insurance to remain the same during the entire two year term - employer to pay 90% for married and all for single. 7. The contract shall be for a period of two years, commencing 'January 1, 1978, and termin- ating on December 31, 1979. M 8. All other provisions of the contract to remain the same. Introduced by: Joseph Berweger Edwin Erickson W. H. Carter William E. Rave Bayfield County Highway Committee Moved by Erickson, seconded by Rave to adopt the foregoing resolution. A roll call vote was taken on the adoption of the foregoing resolution with the following results: No. 22a Ayes - Rave, Spears, W. Johnson, Heglund, Carter, Hanson, Berweger, Polich, Ludzack, Renoos, Barningham, Erickson, Meierotto, Bromberg, E. Johnson, Zamback, Rude, Seidel Ayes - 18 Nayes - 0 Total 18 Motion carried. 30.1 February 7 1978 The following resolution was read.. No. 23 WHEREAS, the 1977-79 State Budget Law significantly affects distribution of highway aids, the cost accounting system to determine them and went into effect January 1, 1978., and WHEREAS, Eleanor Knight, office manager of the Bayfield County Highway Department, will reach retirement age in the first Calendar Quarter of 1978, and WHEREAS, it is deemed to be in the best interest of Bayfield County to continue her ser- vices through the first annual reports of the new system which will be filed in May, 1979, and WHEREAS, Section 41.11 (1) of the Wisconsin Statutes provides that employment may be continued by the employer, NOW, THEREFORE, BE IT RESOLVED that the aforesaid Eleanor Knight be continued in her pre- sent position until June 1, 1979. Signed: Joseph Berweger Edwin Erickson W. H. Carter William Rave Herbert Spears BAYFIELD CUUNTY HIGHWAY COMMITTEE Moved by Rude, seconded by E. Johnson to adopt the foregoing resolution. Motion carried. The following resolution was read: No. 24 TO THE BAYFIELD COUNTY BOARD OF SUPERVISORS: WHEREAS, Steve Pavich has been appointed by Governor Schreiber to the Wisconsin Natural Resources Board, and WHEREAS, Steve Pavich is a well known member of the northern Wisconsin farming community and is of excellent reputation, q THEREFORE, BE IT RESOLVED, on this 7th day of February,'1978, that the Bayfield County r Board of Supervisors urge confirmation of Steve Pavich to the National Resources Board, and BE IT FURTHER RESOLVED, that copies of this resolution be sent to Senators Thomas Harnisch ;2f¢y and Dan Theno. Signed, BAYFIELD COUNTY FORESTRY COMMITTEE Ila Bromberg Karl Ludzack William Zamback Art Hanson Larry Seidel Walter Barningham Moved by Bromberg, seconded by Hanson to approve the appointment. Motion carried. The following communication was read: No. 25 November 29, 1977 Iron River Youth Committee Box 54A Iron River, WI 54847 Bayfield County Board Washburn Courthouse Washburn, Wisconsin Dear Board Members: The Iron River Youth Organization, a federally funded crime prevention program -in Iron River, has been in existence for about one year. Our ten -member youth committee is concerned that the services provided by Joyce Meyer as Juvenile Specialist, might possibly be discon- tinued. The support and help we have received from Joyce Meyer cannot be emphasized enough. Her dedication to kids has helped immensely in giving support to our program and its youth here in Iron River. It is difficult for one person directing a youth program such as ours, to do it without the continued support of other people such as Joyce Meyer. 302 February 7, 1978 The youth committee in Iron River all hope to have the continued assistance and support of Joy for the youth in Iron River. We hope her job will continue to be funded so that the Bayfield County juveniles will not be missing the services they need and deserve. Thank you for your time and consideration. Sincerely, Iron River Youth Committee Ann Burns - Director Moved by Carter, seconded by Rave to receive the foregoing communication and place it on file. Motion carried. The following resolution was read: No. 26 WHEREAS, Joyce Meyer, Juvenile Police Relations Specialist, has been employed by Bayfield County since February 1975, and WHEREAS, her employment has been primarily funded by state and federal funds, and WHEREAS, the state and federal funding will terminate on February 15, 1978, and WHEREAS, the duties of the Juvenile.Polic'e Relations Specialist are in the field of preven- tative and corrective juvenile delinquency problems, and WHEREAS, it does appear to be in the best interest of Bayfield County to continue the position of Juvenile Police Relations Specialist, and WHEREAS, the Bayfield County Board did not include funding in the 1978 budget for continuing the position, NOW THEREFORE BE IT RESOLVED, that the position of Juvenile Police Relations Specialist for Bayfield County be continued and that the Bayfield County Sheriff's Commission be authorized to continue the employment of Joyce Meyer as such Juvenile Police Relations Specialist, and BE IT FURTHER RESOLVED, that the attached budget be approved and that a sum sufficient be transferred from the Contingency Fund to a separate Juvenile Police Relations Specialist account. EXECUTIVE COMMITTEE Art Meierotto Moved by Renoos, seconded by Bromberg to adopt the foregoing resolution. AMENDMENT NO. 27 Moved by Rave, seconded by Bromberg to amend the resolution by adding "that the position be continued for the balance of the year". Motion carried. A roll call vote was taken on the adoption of Resolution 26 as amended with the following results: No. 26a Ayes - Spears, Heglund, Carter, Hanson, Berweger, Renoos, Barningham, Meierotto, Bromberg, Rude, Seidel, Rave Nayes - W. Johnson, Polich, Ludzack, Erickson, E. Johnson, Zamback Ayes - 12 Nayes - 6 Total 18 Motion carried. February 7, 1978 MOTION NO. 28 Moved by Renoos, seconded by Rude that $15,000 be taken from the Contingency Fund and placed in a special Juvenile Police Relations Specialist account. �v A roll call vote was taken on the adoption of the foregoing motion with the following results: No. 28a Ayes - W. Johnson, Heglund, Carter, Hanson, Berweger, Polich, Ludzack, Renoos, Barningham, J Erickson, Meierotto, Bromberg, E. Johnson, Rude, Seidel, Rave, Spears Nayes- -. Zamback Ayes - 17 Nayes - 1 Total 18 Motion carried. The following Report of the Bayfield County Zoning Committee was read: No. 29 TO: The County Board of Supervisors of Bayfield County on the hearing on 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 as given as provided by law and being duly informed of the facts pertinent to the proposed changes, hereby recommends that the changes described as follows be approved: The North-West One -Quarter (NW4) of the North-West One -Quarter (NWµ), Section Twenty - Three (23), Township Forty -Seven (47) North, Range Eight (8) West be changed from Residential-1 Use to Forestry-_1 Use. A parcel of land located in Government Lots Two, Eight, Nine, and Twelve (2,8,9,12), Section Twelve (12) , Township Forty -Three (43) North, Range Six (6) West, more particularly described as follows: Commencing at the point where the line between Lots Eight and Nine (8 and 9), extended, of the Plat of Namakagon Lake Shore Subdivision in said Section Twelve (12) intersects the northerly boundary line of the highway adjacent to said lots which is desig- nated as the point of beginning; thence in a northerly direction a distance of 500 feet; thence in a northeasterly direction on a line parallel with the northern boundary line of said highway to a point on the east section line of Section Twelve (12), Township Forty -Three (43) North, Range Six (6) West; thence southerly along said section line to a point on the north line of said highway; thence southwesterly along the north line of said highway to the point of beginning; be changed from Residential-2 Use to Residential-3 Use. Parcels of land lying south of County Highway M in the North-West One -Quarter (NWµ) and the South-West One -Quarter (SWµ), of the North-East One -Quarter (NEµ), Section Twenty-one (21), Township Forty -Three (43) North, Range Six (6) West be changed from Forestry-1 Use to Residential-3 Use. The North-East One -Quarter (NEµ) of the South-West One -Quarter (SW4) , Section Eight (8) , Township Forty -Four (44) North, Range Seven (7) West, be changed from Forestry-1 Use to Residential -Recreational Use. The Zoning Committee also recommends that the following petition be tabled: The South-West One -Quarter (SW-4) of the North-West One -Quarter (NW4), Section Eight (8), Township Forty -Four (44) North, Range Nine (9) West, be changed from Forestry-1 Use to Residential-3 Use. Dated: February 7, 1978 Edwin Renoos William Carter Bennie Rude Signed: Bayfield County Zoning Committee Walter Barningham Herbert Spears Art Hanson Moved by Carter, seconded by E. Johnson to receive the foregoing report and place it on file., Motion carried. (Notice of Public Hearing and affidavit of publication on file in the county clerk's office) M4 February 7, 1978 The following Amendatory Ordinance was read: No. 30 The Bayfield County -Board of Supervisors ordains as follows: That the Bayfield,County Zoning Ordinance, adopted June 1, 1976, be and the same is hereby amended so that as amended, The North-West One -Quarter (NWµ) of the North-West One -Quarter (NWµ), Section Twenty -Three (23), Township Forty -Seven (47) North, Range -Eight (8) West is changed from Residential-1 Use to Forestry-1 Use. A parcel of land located in Government Lots Two, Eight, Nine and Twelve (2,8,9,12), Section Twelve (12) , Township Forty -Three (43) North, Range Six (6) West, more particularly described as follows: Commencing at the point where the line between Lots Eight and Nine (8 and 9), extended, of the Plat of Namakagon Lake Shore Subdivision in said Section Twelve (12) intersects the northerly boundary line of the highway adjacent to said lots which is designated as the point of beginning; thence in a northerly direction a distance of 500 feet; thence in a northeasterly direction on a line parallel with the northern boundary line of said highway to a point on the east section line of Section Twelve (12), Township Forty -Three (43) North, Range Six (6) West; thence southerly along said section line to a point on the north line of said highway; thence southwesterly along the north line of said highway to the point of beginning; is changed from Residential-2 Use to Residential-3 Use. Parcels of land lying south of County Highway M in the North-West One -Quarter (NWµ) and the South-West One -Quarter (SWµ) of the North-East One -Quarter (NEµ) , Section Twenty -One (21) , Townships Forty -Three (43) North, Range Six (6) West is changed from Forestry-1 Use to Residential-3 Use. The North-East One -Quarter (NEµ) of the South-West One -Quarter (SWµ) , Section Eight (8) , Township Forty -Four (44) North, Range Seven (7) West, is changed from Forestry-1 Use to Residential -Recreational Use. Dated: February 7, 1978 Signed: Bayfield County Zoning Committee Edwin Renoos Herbert Spears William Carter Moved by E. Johnson, seconded by Berweger to adopt the foregoing ordinance. Motion carried. The following resolution was read: No. 31 WHEREAS, it is in the best interest of children to acquire an education, and-' WHEREAS, some children do not complete their education until after attaining their 18th birthdate, and WHEREAS, the County Social Services Department has custody of said children, therefore BE IT RESOLVED by the Bayfield County Board of Supervisors in session this 7th day in February, 1978, that the Department of Social Services be authorized to expend foster care funds on behalf of children between the ages of 18 and 21 to complete their education according to the plan as established by the Social Services Department. Presented by: Wallace Johnson William E. Rave William Carter William Zamback Eric E. Johnson Moved by W. Johnson, seconded by Rave to adopt the foregoing resolution. Motion carried. February 7, 1978 The following resolution was read: No. 32 WHEREAS, An error was.made in the legal description provided in Resolution ##25 and Amendatory Ordinance #27 adopted by the Bayfield County Board of Supervisors on April 20, 1976, WHEREAS, The correct legal description was provided when the notice of this request for rezoning was published; when the public hearing was held on this matter pursuant to Section 59.97 (5), Wisconsin Statutes; and when the Report of the Bayfield County Zoning Committee was presented to the Bayfield County Board of Supervisors, and WHEREAS, It was the intent of the Bayfield County Board of Supervisors to adopt Resolution #25 and Amendatory Ordinance #27 as written below, NOW THEREFORE BE IT RESOLVED, that Resolution #25 and Amendatory Ordinance #27 of April 20, 1976, be revised to read as follows: The Bayfield County Board of Supervisors ordains as follows: That the Bayfield County Zoning Ordinance, adopted May 4, 1971, be and the same, is hereby amended so that as amended, A parcel of land in the South-West One -Quarter (SW4) of the South-West One -Quarter (SWµ) Section Thirty -Three (33), Township Forty -Five (45) North, Range Seven (7) West, more parti- cularly described as follows: Beginning at the intersection of the centerline of U.S. Highway 'T63T1, as now located, and the centerline of Township of Drummond Road, commonly called Lake Owen Drive, as now located; Thence by metes and bounds, easterly along the centerline of U.S. Highway TT63TT a distance of Four Hundred (400) feet; thence southeasterly, a distance of Two hundred seventy three (273) feet to an iron stake monument driven into the ground, (which such monument is located near the westerly line of the Lake Superior District Power Company easement); Thence westerly Five hundred sixteen (516) feet to a point in the'center of Lake Owen Drive; Thence northerly along the centerline of Lake Owen Drive a distance of Three Hundred (300) feet to the point of beginning, is changed from Residential -Recreational Use to Commercial Use. The North-east One -Quarter (NEµ) of the North-West One -Quarter (NW-4) .' Section Four (4) , Township Forty -Four (44) North, Range Six (6) West, is changed from Agricultural Use to Residential-2 Use. Dated: February 7, 1978 Edwin Renoos . Herbert Spears Signed: Bayfield County Zoning Committee Walter Ba.rningham William Carter Moved by Carter, seconded by Spears to adopt the foregoing resolution. Motion carried. The following resolution was read: No. 33 WHEREAS, Roger K. Zifko, who owns and lives on Lot Nine (9) thru Eighteen (18), inclusive, of the Chequamegon Springs Subdivision, Government Lot One (1), Section Five (5), Township Forty -Nine (49) North, Range Four (4) West, Town of Bayview, Bayfield County, Wisconsin did locate on this property a mobile home and did construct subsequent additions to said mobile home without first obtaining a land use permit; and installed a private domestic sewage treat- ment disposal system and well without first obtaining a sanitary permit, and WHEREAS, said activities are in violation of Section 2.01 of the Bayfield County Zoning Ordinance and Section 2..1 and 2.2 of the Bayfield County Sanitary Ordinance, and, WHEREAS, the owner refuses to obtain permits, and, WHEREAS, it is the recommendation of the Bayfield County Zoning Committee that litigation may be required to obtain compliance with the Bayfield County Zoning and Sanitary Ordinances. NOW THEREFORE BE IT RESOLVED that the Bayfield County Board of Supervisors directs that February 7, 1978 Ly this matter be referred to the Bayfield County District Attorney who shall be authorized to pursue whatever action, including litigation, is necessary to secure compliance with the Bayfield County Zoning and Sanitary Ordinances, AND BE IT FURTHER RESOLVED, that any penalties involved shall conform with the violation provisions of Section 15.0 of the Bayfield'County Zoning Ordinance and Section 10.0 of the-Bayfield' County Sanitary Ordinance. Dated: February 7, 1978 Signed: Bayfield County Zoning Committee Edwin Renoos Herbert Spears Art Hanson Walter Ba.rningham William Carter 'Bennie Rude Moved by Renoos, seconded by Spears to adopt the foregoing resolution. Motion carried. The following resolution was read: No. 34 WHEREAS, County Board Resolution No. 40 enacted November,16, 1977 granted retroactive salary adjustments to employees of the Social Services Department and Unified Service Board, and WHEREAS, the salary increase granted to Mr. Dashner was in the amount of $48.33 instead of the recommended salary increase of $174.83 and the salary increase granted to Miss Lamken was $26.50 instead of the recommended $50.00 increase in salary, now, therefore BE IT RESOLVED by the Bayfield County Board of Supervisors in session this 7th day of February 1978 that Mr. Dashner's salary as Social Service Director be increased retroactively to July 1, 1977 in the amount of $126.50 and that Miss Lamken's salary be increased retroactively to July 1, 1977 by $23.50. Presented: Wallace Johnson William E. Rave William Carter William Zamback Moved by W. Johnson, seconded by Rave to adopt the foregoing resolution. Moved by Renoos, seconded by Seidel to refer this matter to the Personnel Committee for further study. Motion carried. The following resolution was read: No. 35 WHEREAS, the Pureair Sanatorium was an institution jointly owned and operated by Bayfield, Ashland and Iron Counties, and WHEREAS, the Pureair Sanatorium has been closed since July, 1975, and WHEREAS, during the operation of the Sanatorium a sewage disposal plant was built on the Pureair Sanatorium property for the joint use of the Pureair Sanatorium and the marina facility adjacent to the Sanatorium, and WHEREAS; it is necessary that a custodian be employed by the three counties to maintain the grounds and operate the sewage disposal plant, and WHEREAS, a dispute has arisen between the three counties and the owners of the adjacent marina facility as to the operational and maintenance costs of the sewage disposal plant, and WHEREAS, no payments have been received by the three counties from the marina owners for operation and maintenance of the facility since September -1976, and WHEREAS, operating and maintenance funds of the facility have now been depleted, and d WHEREAS, the three county executive committees have met and agreed that it is in the best interest of the counties to continue operating the facility for at least a limited time and have further agreed that each county should contribute toward maintenance and operating costs a sum of $500 per month, NOW THEREFORE BE IT RESOLVED, that Bayfield County contribute $500 per month toward the maintenance and operating costs of the Pureair Sanatorium property and sewage disposal plant, said payments to be discontinued at the discretion of the executive committee of the Bayfield County Board, and BE IT FURTHER RESOLVED that the aforesaid contribution be taken from the Contingency Fund EXECUTIVE COMMITTEE Wallace Johnson Art Meierotto Larry Seidel Charles Polich Walter Barningham Joseph Berwe� Moved by Berweger, seconded by Polich to adopt the foregoing resolution. The clerk brought the board up to date on the present status of the Pureair Sanatorium . District Attorney Bussey, also discussed the matter and stated that he is presently studying all of the problems and hopes that the problems can be resolved. A roll call vote was taken on the adoption of the foregoing resolution with the following results: No. 35a Ayes - Heglund, Carter, Hanson, Berweger, Polich, Ludzack, Renoos, Barningham, Erickson, Meierotto, Bromberg, E. Johnson, Zamback, Rude, Seidel, Rave, Spears, W. Johnson Nayes - none Ayes - 18 Nayes - 0 Total 18 Motion carried. Chairman Bzrningham brought to the attention of the board the matter of the salary of the county clerk's secretary. He stated that he believed that there should be an adjustment in the salary as the clerk's secretary was not only a secretary for the clerk in routine work, but was also a secretary to the county board. He pointed out the importance of the work in- volved in taking and typing county board minutes and also her involvement in election notices and other legal notices going out of the clerk's office. MOTION NO. 36 Moved by Rude, seconded by Bromberg, to refer the matter of the county clerk's secretary's salary to the Personnel Committee. Motion carried. MOTION NO. 37 Moved by Rave, seconded by Spears that a vote of thanks be given in appreciation for their dedicated work to county board members who are not seeking re-election. Motion carried. Moved by Erickson, seconded by E. Walter C. Barningham, Chairm n Bayfield County Board of Sup/lervisors Johnson to adjourn. Motion carried. G Edward A. Pajala, erk Bayfield County ler