HomeMy WebLinkAboutCounty Board of Supervisors - Minutes - 6/21/1978MEETING OF THE BAYFIELD COUNTY BOARD OF SUPERVISORS
June 21, 1978
The meeting was called to order at 7:30 PM by Walter C. Barningham, County Board Chairman.
The following members answered roll call: No. 1
Edwin Erickson, Arthur Meierotto, Walter Barningham, Joel Bromberg, Dale,Maki, Russell
McGillivray, Larry Seidel, James Strom, William Rave, H. Glenn Spears, Wallace Johnson, James
Stephenson, Charles Diamon, Arthur Hanson, Joseph Berweger, Wayne Sellung, Karl Ludzack, Edwin
Renoos
Total present - 18
A prayers and pledge of allegiance was led by Larry Seidel, board member.
Motion No. 2
Moved by Johnson, seconded by Diamon to dispense with the reading of the minutes of the
previous meeting. Motion carried.
No. 3
The clerk read the following petition to call a special meeting.
June 1, 1978
To: Edward A. Pajala
Bayfield County Clerk
Washburn, WI 54891
Dear Mr. Pajala:
You are hereby petitioned to call a Special Meeting of the Bayf field County Board of
Supervisors at 7:30 P.M., Wednesday, June 21, 1978 at the Court House, Washburn, Wisconsin
to take action on the following items:
1), For the purpose of receiving and opening sealed bids on the purchase of County
Rest Home Bonds and taking action to approve or reject such bids.
2) Any other matters which may come before said Board of Supervisors.
Signed:
Date:
The petition was signed by 12 members.
Moved by Meierotto, seconded by Stephenson to receive the foregoing betition and place
it on file. Motion carried.
Dan O'Neill of T. G. Evensen & Assoc., Inc. commented briefly on the bonds.
No. 4
The bond bids were opened by the clerk and read by Mr. O'Neill.
Syndicate
First Wisconsin National
Bank of Milwaukee
Marine National Exchange Bank
The Northern Trust Company
The First National Bank of Chicago
TABULATION OF BIDS
Net Interest Rate
5.8574
5.8627
5.9460
6.009358
Detail of,bids in the county clerk's office.
Net Interest Cost Premium
$ 1,450,384.48 $ 21.15
$ 1,451,688.39 $459.75
,$ 1,472,319.41 $ 93.10
$ 1,487,992.05 $ 8.59
Moved by Seidel, seconded by Sellung to recess for 10 minutes. Motion carried.
No. 5
Moved by Renoos, seconded by Johnson that the Rest Home issue be tabled and acted upon
later. Motion carried.
The following communication was read: No. 6
TOWN OF DELTA
Bayfield County, WI
June 2, 1978
Bayfield County Board
Washburn Courthouse
Washburn, WI 54891
Gentlemen:
At a regular Board Meeting of the Delta Town Board, a resolution was passed by the Delta Town
Board to inform the Bayfield County Board that they are opposed to the Wisconsin Department
of Natural Resources acquiring any more land in the Bibon Marsh or in the Town of Delta.
Sincerely,
Harold G. Main, Town Chairman
Leonard Wuennecke, Supervisor
Theodore Viskoe, Supervisor
Moved icy Bromberg, seconded by Spears that the foregoing communication be received and placed
on file. Motion carried.
-�
a
June 21, 1978
The following resolution was read: No. 7
WHEREAS, County Board resolution #40 enacted November 16, 1977 granted retroactive
salary adjustments to the Social Services Department and Unified Services Board, and
whereas, the salary granted to Mr. Dashner was in the amount of $48.33, and
WHEREAS, the Bayfield County Board did, at their meeting held April 19th, refer the
matter to the Personnel Committee of the County Board, and
WHEREAS, the Personnel Committee has reviewed the matter and negotiated a salary adjust-
ment with Mr. Dashner, therefore be it
` RESOLVED, By the Bayfield County Board of Supervisors in session this 21st day of June,
1978 that the Unified Services salary of Mr. Dashner be increased by an amount of $80.17
} retroactive to July 1, 1977.
BE IT FURTHER RESOLVED that effective July 1, 1978 that the monthly salary for the
e
position of Unified Service Director be established at $417.00 and that the salary for the
position of Social Services Director be established at $1,500.00.
Presented by: James L. Stephenson
James C. Strom
Wayne A. Sellung
Larry Seidel
Karl Ludzack
Moved by Bromberg, seconded by Rave that the foregoing resolution be adopted.
Discussion followed.
A roll call vote was taken on the adoption of the foregoing resolution with the following
results: No. 7a
Ayes - Barningham, Bromberg, Maki, McGillivray, Seidel, Strom, Rave, Spears, Johnson,
Stephenson, Berweger, Sellung, Ludzack, Renoos, Meierotto
Nayes - Diamon, Hanson, Erickson
- _ Ayes - 15
Nayes - 3
Total 18 Motion carried.
The following resolution was read: No. 8
WHEREAS, the United States government under 31 USC Section 1601 makes payment to local
governments 'tin-lieueof-taxes", and
WHEREAS, Bayfield County has received $131,642 of such funds and will continue to re-
ceive additional funds in the future, and
WHEREAS, the question has arisen as to the proper distribution of such funds, and
WHEREAS, the county board did direct the district attorney to request an opinion from
the State Attorney General, and
WHEREAS, the State Attorney General has given an opinion on the matter, said opinion
being attached to and made a part of this resolution, and
WHEREAS, the State Attorney General's opinion directs the county to distribute said
funds to local towns as provided for in Section 59.20(13) Wisconsin Statutes, said Section
stating in part ...."each town to receive such proportion thereof as the area of national
forest lands therein bears to the area of such lands in the county.", now therefore be it
RESOLVED, that the county treasurer is hereby authorized and directed to distribute
"in -lieu -of -taxes" monies paid to the county under 31 USC Section 1601 to local town govern-
ments as provided for in Section 59.20(13) Wisconsin Statutes.
21. 1978
EXECUTIVE COMMITTEE
Wallace Johnson Walter Barningham Art Meierotto James Stephenson
Larry Seidel Edwin K. Renoos Joseph Berweger
The Clerk read the.following Attorney General's opinion received by Mr. Bussey. The Attorney
General ruled that the monies should be paid to local townships under Section 59.20(13).
June 9, 1978
Mr. William D. Bussey
District Attorney
Bayfield County Courthouse
Washburn, Wisconsin 54891
Dear Mr. Bussey:
You ask whether counties can distribute payments received from the United States government
under 31 U.S.C, sec. 1601, et seg., for federal forest lands within said counties to towns as
provided in sec. 59.20(13), Stats. It is my opinion that counties are required to distribute
such payments to towns as provided in -see. 59.20(13).
Section 59.20(13) provides that the county treasurer shall:
"If the treasurer's county receives national forest
income, make distribution thereof to the towns in the county
wherein national -forest lands are situated, each town to re-
ceive such proportion thereof as the area of national forest
lands therein bears to the area of such lands in the entire
county. Fifty percent of the amount received by it shall be
expended by the town exclusively for the benefit of roads
therein."
Section 59.20(13) was enacted to require distribution of payments received from the federal
government derived from the sale of forest products from the national forests located in counties.
16 U.S.C, sec. 471, et seg. 16 U.S.C, sec. 500 provides that 25% of the money derived from forest
income shall be distributed to the states "to be expended as the state legislature -may prescribe
for the benefit of theppilblic schools and public roads of the county or counties in whk h such
national forest is situated.
On October 20, 1976, a new statute relating to federal -forest payments became law. 31 U.S.C.
sec. 1601, et seq.
31 U.S.C. secs. 1602 and 1607 provide for per acre payments from congressional appropriations
to "unit,(s) of local government" in which national forests are located. In Wisconsin counties
have been designated as "unit(s) of local government" by the secretary of interior. 31 U.S.C.
sec. 1606(c); 42 Fed. Reg. 51581-2. Per acre payments of the federal government may be used by
the unit of local government "for any governmental purpose." 31 U.S.C. secs. 1601 and 1603.
The State Legislature has made national forest income ultimately payable by the counties
to the towns where such forests are located by virtue of sec. 59.20(13). Under 16 U.S.C, sec.
500, payments must be spent "as the State legislature ...cprescribe(s) for the benefit of the
public schools and public roads of the county" where national forests are located. 31 U.S.C, sec.
1601 requires that per acre payments be made to counties "for any governmental purpose." Section
59.20(13) prescribes that governmental purpose. -This,.payments under both federal statutes are
made to the counties by the federal government. The counties, in turn, must pay the towns where
national forests are located under the terms set forth by the Legislature in sec. 59.20(13).
Distribution of national forest income follows the statutory pattern of sec. 59.20(13).
Payments made under 16 U.S.C, sec. 471, et seg., must be distributed under 16. U.S.C, sec. 500
"for the benefit of public schools and public-Y-roads." Section 59.20(13) establishes a formula
for county distribution to the towns located in national forests and requires that 50% of the
distribution be used for roads in the town. Section 59.20(13) is silent as to distribution to
schools. 16 U.S.C, sec. 500, however, requires distribution both for public roads and public
schools. Thus, the town must use some or all.of the other one-half of the payments received for
the benefit of the public schools.
Distribution of payments received under 31 U.S.C, sec.-16.01, et seq., are to be used "for
any governmental purpose'." Section 59.20(13) would require the formula distribution to qualified
towns, and the moneys so distributed would be.divided 50% for roads and 50% for any governmental
purpose.
Sincerely yours,
Bronson C. La Follette
Attorney General
CAPTION:
Section 59.20(13), Stats., controls the distribution of national.forest income by county
treasurers derived from 16 U.S.C. sec. 471, et seg., and 31 U.S.C. sec. 1501, et seg.
6-11)F-ice
F_j d P
June 21, 1978
Moved by Renoos, seconded by Spears that the foregoing resolution be adopted.
Moved by Renoos, seconded by Spears that the resolution be amended to read that the
interest received be given to the towns. Motion carried.
A roll call vote was asked for on the adoption of the, resolution as amended.
Johnson suggested that action be delayed on the foregoing matter.
William Bussey, District Attorney, commented on the issue. He recommended accepting the
Attorney General's opinion.
A roll call vote was taken with the following results: No. 8a
Ayes - Maki, McGillivray, Seidel, Strom, Rave, Spears, Johnson, Stephenson, Diamon, Hanson,
Berweger, Sellung, Ludza.ck, Renoos, Erickson, Meierotto, Barningham
Nayes - Bromberg
No. 9 --;-�
Ayes - 17
Nayes - 1
Total 18 Motion carried.
Moved by Renoos, seconded by Stephenson to again bring the Rest Home matter to the board
for consideration at this time.
John Blahnik recommended possibly holding the issue in abeyance until 1 PM on Thursday
June 22nd pending conference with auditors, hospital board and the executive committee.
The following resolution was read: No. 9
RESOLUTION AWARDING SALE, PRESCRIBING
THE FORM AND TERMS, AND LEVYING TAXES
FOR THE PAYMENT OF GENERAL OBLIGATION
NURSING HOME BONDS
BE IT RESOLVED---by__the County Board of Supervisors of Bayfield County, Wisconsin, as
follows:
_cta.SectionA.11. jAuthorizati6n_' and Sale
1.01 IAitial Resolution. By initial resolution duly adopted October 25, 1977, in
accordance/with the provisions of Wisconsin Statutes, Section 67.05(3), the Board determined
to issue $1,825,000 General Obligation Nursing Home Bonds of Bayfield County, Wisconsin
(the Bonds), for the purpose of financing the acquisition, construction and equipment of a
County home for the care of the indigent and the aged, in accordance with and within the
meaning of Wisconsin Statutes, Section 45.05. No petitions have been filed with the Clerk,
in accordance with Wisconsin Statutes, Section 67.22, requesting that the Bonds not be issued.
1.02 Sale. In accordance with the initial resolution adopted October 25, 1977, the
Executive Committee of the Board called for the public sale of the Bonds, determined the
terms of such sale, provided for the publication of the notice of sale of the Bonds in accor-
dance with law, and the Board has on this date received sealed bids submitted pursuant to the
published notice of sale.
1.03. Award. The bid- of First Wisconsin National Bank of Milwaukee, Wisconsin, and
associates, for the purchase of the Bonds at a price of$1,825,02:Lr:�lS;candecaccruedc;inter.est, and
on the further terms and conditions set forth below, is hereby found and declared to be the
highest and best bid received pursuant to advertised notice of sale of the Bonds, and is
hereby accepted. The Chairman and Clerk are hereby authorized and directed to execute a con-
tract for the sale of the Bonds by the County in accordance with the terms of said bid, and
the Clerk shall retain the good faith check of said successful bidder and shall return all
June 21, 1978
other.good faith checks forthwith.
Section 2. Form of Bonds and Coupons
2.01. The Bonds. The Bonds shall be printed in substantially the following form:
UNITED STATESO?OF AMERICA
STATE OF WISCONSIN
COUNTY OF BAYFIELD
GENERAL OBLIGATION NURSING HOME BOND
No. $5,000
KNOW ALL MEN BY THESE PRESENTS that the County of Ba.yfield, Wisconsin, acknowledges
itself to be indebted and for value received promises to pay .to bearer the sum of
FIVE THOUSAND DOLLARS
on the lst day of October, 19 or if this bond is prepayable as stated below, on any date prior
thereto on which it shall have been duly called for redemption, and to pay interest thereon from
the date hereof until said principal sum is paid, or, if this bond is prepayable, until it has
been duly called for redemption, at the rate of percent ( %) per annum,
payable April 1, 1979, and semiannually thereafter on April 1 and October 1 in each year, interest
to maturity being payable in accordance with and upon presentation and surrender of the interest
coupons appurtenant hereto. The principal of and interest on this bond are payable at
, in or its successor, in any coin or currency
of the United States of America which on the respective dates of payment is legal tender -for public
and private debts, and for the prompt and full payment of said principal and interest, as the same
respectively become due, the full faith, credit and taxing powers of the County have been and are
hereby irrevocably pledged.
This bond is one of an issue in the aggregate principal amount of $1,825,000, all
of like date and tenor except as to.serial number, interest rate, maturity date and redemption
privilege, issued for the purpose of financing the acquisition, construction and equipping of a
County home for the indigent and the aged, and is issued pursuant to and in full conformity with
the Constitution and laws of the State of Wisconsin thereunto enabling, in evidence of indebtedness
duly and legally incurred by the County in accordance with the provisions of Wisconsin Statutes,
Chapter 67, and is issued pursuant to resolutions duly adopted and recorded by the County Board
of Supervisors on October 25, 1977, and June 21, 1978.
Bonds of this issue maturing in the years 1981 through 1992 are not subject to
redemption before maturity, but those maturing in the years 1993 through 1997 are each subject to
redemption and prepayment at the option of the County on October 1, 1992, and on any interest
payment date thereafter, in inverse order of their serial numbers, at a price equal to the principal
amount thereof plus accrued interest. All prepayments will be made upon notice of call mailed
thirty days in advance of the date specified for redemption to the bank at which principal and
interest are then payable and to the holder, if known, of each bond to be so redeemed. Holders
of prepayable bonds who wish to receive such notice may register their names, addresses and bond
numbers with the County Treasurer, at Washburn, Wisconsin.
IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required
to be done, to exist, to happen and to be performed precedent to and in the issuance of this bond,
in order to make the same a valid and binding general obligation of the County in accordance with
its terms, have been done, do exist, have happened and have been performed in regular and due form,
July 21, 1978
time and manner; that the value of all the taxable property in the County upon which its
constitutional debt limit is based, to wit: the value as last equalized for state purposes,
is $
; that the
aggregate
amount of existing bonded indebtedness of
the
County,
incli.ding
this
issue of bonds,
is $
; that a direct, annual irrepealable
tax
has been
levied
by the County sufficient to pay the interest hereon when if falls due and also to pay and
discharge the principal at maturity; and that the issuance of this bond, together with all
other existing indebtedness of the County, does not cause the indebtedness of the County to
exceed any constitutional or statutory limitation.
IN WITNESS WHEREOF the County of Bayfield, Wisconsin, by its County Board of Super-
visors, has caused this bond and the coupons appurtenant hereto and the certificate on the re-
verse side hereof to be executed and authenticated in its behalf by the signatures of the
Chairman of said Board and the County Clerk, all such signatures being facsimiles printed
hereon by authority of the respective officers, except for the manual signature of one
officer subscribed on the face of this bond, and the corporate seal of the County to be
affixed hereto, and has caused this bond to be dated as of July 1, 1978.
By: Walter C. Barningham
Chairman, County Board of Supervisors
By: Edward A. Pajala
County Clerk
(SEAL)
2.02. The Coupons. Interest on each of the Bonds to maturity shall be represented by a
consecutively numbered set of interest coupons, printed in substantially the following form;
No. $
On the lst day of April (October), 19 , the County of Bayfield, Wisconsin, will
pay to bearer at
, in
2
I
the sum shown hereon in lawful money of the United States of America for interest then due on
its General Obligation Nursing Home Bond, dated July 1, 1978, No.
(Facsimile signature)
County Clerk
(Facsimile signature)
Chairman
County Board of Supervisors
2.03 The Certificate. A copy of the text of the legal opinion of bond counsel shall be
printed on the reverse side of each of the Bonds and identified by a certificate in the fol-
lowing form:
We certify that the above is a full, true and correct copy of the legal opinion
rendered by bond counsel on the issue of Bonds of the County of Bayfield which includes the
within Bond, dates as of the date of delivery of and payment for the Bonds.
(Facsimile signature)
County Clerk
(Facsimile signature)
Chairman
County Board of Supervisors)
Section 3. Bond Terms, Execution and Delivery.
3.01. Denomination, Maturities and Rates. The Bonds shall be designated General Obli-
gation Nursing Home Bonds, dates as of July 1, 1978, the Bonds to be 365 in number and num-
bered 1_ through 365, each in the denomination of $5,000, and shall bear interest at the res-
pective annual rates stated opposite their maturity years below, and shall mature serially
on October 1 in the following respective years and amounts:
21. 1978
Interest
Interest
Year
Amount
Rate
Year
Amount
Rate-
1981
$40,000
6.80%
1989
$100,000
5.40%
1982
45,000
6.80/
1990
110,000
5.50%
1983
50,000
6.80%
1991
120,000
5.60/
1984
55,000
6.80%
1992
1301)000
5.70%
1985
60,000
6.80%
1993
145,000
5.75%
1986
70,000
6.80%
1994
160,000
5.80%
1987
80,000
5.30/
1995
175,000
5.90%
1988
90,000
5.30%
1996
190,000
6.00%
1997
205,000
6.00%
3.02.:-!-Redemption
Feature. The Bonds
maturing
in the years
1981 through 1992 shall not be
subject
to redemption
before maturity. The
Bonds maturing in the
years 1993 through 1997 shall eac
be subject to redemption and prepayment at the option of the County on October 1, 1992, and on any
interest payment date thereafter, in inverse order of serial numbers, at a price equal to the
principal amount thereof plus accured interest. Notice of the redemption of'any Bond prior to its
stated maturity date shall -be mailed, not less than 30 days prior to the date specified for re-
demption, to the bank at which principal -and interest are then payable and to the holder thereof,
if known. The County Treasurer and his successors in office shall maintain a register in which
they shall enter the names, addresses and serial numbers of holders of Bonds which are redeemable,
insofar as such information is made available to them.
3.03. Interest Payment Dates. The interest on the Bonds shall be payable April 1, 1979, and
semiannually thereafter on April 1 and October 1 in each year.
3.04. Paying Agent. The principal of and interest on the Bonds shall be payable at the
Northwestern National Bank of Minneapolis, in Minneapolis, Minnesota, and the reasonable and
customary charges of the paying agent shall be paid from the sinking fund established in Section
4.01. Upon merger or consolidation of the paying agent, if the resulting corporation is a bank or
trust company authorized by law to conduct such business, such corporation shall be authorized by
law to act as successor paying agent. Upon the resignation of the paying agent, which shall be
communicated in writing to the County Board of Supervisors not less than ninety days before it
shall become effective, the Board reserves the right to appoint a successor paying agent. No re-
signation and no appointment of a successor paying agent shall become effective until the date
specified in a notice of the resignation and appointment which the Board shall cause to be publish
in New York, New York, not less than thirty days before said effective date.
3.05. Execution and Deliverv. The Bonds and the certificates on the reverse side thereof and
the interest coupons appurtenant thereto shall be executed in behalf of the County by the signature
of the Chairman of the County Board of Supervisors and the County Clerk. All of the signatures
shall be printed, engraved or lithographed facsimiles of the original signatures of the officers,
except for the signature of one of these officers on the face of each Bond, which shall manually
subscribed. The corporate seal of the County shall be affixed to each Bond. The Bonds shall then
be delivered by the County Treasurer to the purchasers on receipt of the cash purchase price. The
purchasers shall not be required to see to the application of the proceeds of the Bonds, but the
sum of $1,825,000 shall be placed by the Treasurer in a separate and special construction account
on the official books and records of the County and disbursed, accounted for and invested as pro-
vided in Wisconsin Statutes, Section 67.10(3), and the remainder of the proceeds of the Bonds
shall be placed in the sinking fund established in Section:4.01.
9 rV
�yd 7
June 212 1978
Section 4. Sinking Fund and Tax Levy
4.01. Sinking Fund. A fund is established in the County treasury, separate and distinct
from every other fund, designated as the sinking fund for the issue of $1,825,000 General
Obligation Nursing Home Bonds, dated July 1, 1978, authorized by this resolution. This fund
shall be maintained until the indebtedness represented by the Bonds is fully paid or otherwise
extinguished and shall be administered in accordance with the provisions of Wisconsin Statutes,
Section.67.11. Proper orders or warrants shall be drawn upon its year to pay interest and
principal maturing in such year upon the Bonds. The County Treasurer shall deposit in the
sinking fund the amount of proceeds of the Bonds in excess of that placed in the construction
account under the provisions of Section 3.04, and all moneys raised by taxation pursuant to
Section 4.02 below. Money shall not be withdrawn from the sinking fund except for the purpose
of paying the principal of and interest on the Bonds, until that purpose has been fully accom-
plished. Thereafter any surplus shall be carried into the general fund..
4.02 Tax Levy. The full faith, credit and taxing power of the County shall be and
are herby pledged for the payment of the Bonds. There is hereby levied upon all taxable property
within the corporate limits of the County a. direct, annual tax sufficient in amount to pay
and for the express purpose of paying, together with the sums deposited -in the sinking fund from
the proceeds of the Bonds, the interest on the Bonds as it falls due, and also to pay and
discharge the principal thereof at maturity, (the principal and interest payments as shown below)_
which tax shall be placed by the County Clerk on the tax lists of the respective years set forth
below, in amounts sufficient to produce not less than the sums set opposite each such year, and
shall be collected in the respective ensuing years:
Tax Roll
of the Year
1978
1979
1980
1981
1982
1983
1984
1985
1986
1987
1988
1989
1990
1991
Principal and
Interest Payments
April 1, 1979
October 1, 1979
April 1, 1980
October 1, 1980
April 1, 1981
October 1, 1981
April 1, 1982
October 1, 1982
April 1, 1983
October 1, 1983
April 1, 1984
October 1, 1984
April 1, 1985
October 1, 1985
April 1, 1986
October 1, 1986
April 1, 1987
October 1, 1987
April 1, 1988
October 1, 1988
April 1, 1989
October 1, 1989
April 1, 1990
October 1, 1990
April 1, 1991
October 1, 1991
April 1, 1992
October 1, 1992
I
134,990.77
107,992.50
147,992.50
150,272.50
152,212.50
153,812.50
155.072.50
160,992.50
166,232:50
Required
Levy
_$ .134,990.77
$ 107,992.50
$ 147,992.50
$ 150,272.50
$ 152,212.50
$ 153,812.50
$ 155,072.50
$ 160,992.50
$ 166,232.50
171,992.50 $ 171,992.50
177,
22450
181,822.50
185,772.50
189,052.50
$ 177,222.50
$ 181,822.50
$ 185,772.50
$ 189,052.50
o 8
Tax Roll
Principal and
of the Year
Interest
Payments
Required
Levy
1992
April 1,
1993
$
October
1, 1993
196,642.50
`$ 196,642.50
1993
April 1,
1994
$
October
1, 1994
203,305.00
$ 203,305.00
1994
April 1,
1995
$
October
1, 1995
209,025.00
$ 209,025.00
1995
April 1,
1996
$
October
1, 1996
213,700.00
$ 213,700.00 ,
1996
April 1,
1997
$
October
1, 1997
217,300.00
$ 217,300.00
Said tax shall be irrepealable until all payments of principal and interest on the Bonds have been
made or provided for and shall be from year to year carried into the tax roll of the County and
collected as other taxes are collected; provided that, in accordance with Wisconsin Statutes, Sec-
tion 67.05(10), the amount of tax carried into the tax roll may be reduced in any year by the
amount of any surplus money in the sinking fund created in Section 4.01. All taxes collected
pursuant to this Section shall be deposited and irrevocably -appropriated to the sinking fund
created in Section 4.01.
Section S. Arbitrage, Defeasance
5.01. Arbitrage. (a) Covenant. The County covenants and agrees with the holders from time
to time of the Bonds that it will not take or permit to be taken by any of its officers, employees
or agents any action which would cause the interest on the Bonds to become subject to taxation
under the Internaln Revenue Code of 1954, as amended (the Code), and regulations, amended regulatio
and proposed regulations issued thereunder, as now existing or as hereafter amended or proposed
and in effect at the time of such action.
(b) Investment of Moneys on Deposit in Sinking Fund. Unless and until the proposed regulat
under Section 103(c) of the Code which have been published by the Internal Revenue Service prior
to the date hereof have been modified or amended in pertinent part, the Treasurer shall ascertain
monthly the amount on deposit in the sinking fund established pursuant to Section 4.01 hereof. If
the amount on deposit therein ever exceeds by more than $273,750 the aggregate amount of principal
and interest due and payable from the sinking fund within 13 months thereafter, such excess shall
not be invested except at a yield of 5.8574/ or less.
(c) Certification. On the date fixed for the delivery of the Bonds, the Chairman, Clerk and
Treasurer, being the officers of the County charged with the responsibility for issuing the obligati
pursuant to this resolution, shall make and file in the office of the Clerk and deliver to the
purchasers a certificate in accordance with the provisions of Section 103(c) of the Internal
Revenue Code of 1954, as amended, and Treasurer Regulations, Sections 1.103-13 and 1.103-14,
stating that on the basis of the facts, estimates and circumstances in existence on the date of
issue and delivery of the Bonds, as such facts, estimates and circumstances are set forth in the
certificate, it is not expected that the proceeds of the Bonds will be used in a manner that
would cause the Bonds to be arbitrage bonds within the meaning of said Code and Regulations.
5.02. Defeasance. When all of the Bonds issued and all coupons appertaining thereto, have
been discharged as provided in this section, all pledges, covenants and other rights granted by
this resolution to the holders of the Bonds shall cease. The County may -discharge its obligations
with respect to any Bonds and coupons appertaining thereto which are due on any date by depositing
with the paying agent on or before that date a sufficient for the payment thereof in full; or, if
any Bond or coupon should not be paid when due, it may nevertheless be discharged by depositing
with the paying agent a sum sufficient for the payment thereof in full with interest accrued to
the date of such deposit. The County may also at any time discharge its obligations with respect
to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such
June 21, 1978
action, by depositing irrevocably in escrow, with a bank qualified by law as an escrow agent
for this purpose, cash or securities which are general obligations of the United States or
securities of United States agencies which are authorized by law to be so deposited, bearing
interest payable at such time and at such rates and maturing on such dates as shall be required
to pay all principal and interest to become due thereon to maturity.
Section 6. Record of Proceedings and Notice of Issuance
6.01. Record. The County Clerk shall keep a separate record book in which there shall
be recorded a full and correct statement of each step and proceeding had and taken in the course
of authorizing and issuing the Bonds.
6.02. Certification of Proceedings. The County Clerk is authorized and directed to
furnish to the purchasers of the Bonds, and to bond counsel, a certified copy of said record
of proceedings, and such other affidavits and certificates of the County Clerk or other officers
as may reasonably be required to evidence the legality and marketability of the Bonds, as such
facts appear from the officers' records or are otherwise known to them. All such certified
copies, certificates and affidavits, including any heretofore furnished, constitute represen-
tations of the County as to the facts recited therein.
6.03. Prospectus. T. G. Evensen & Associates, Inc., has prepared and presented to this
Board an Official Statement containing financial and other information relating to the County
and the Bonds. Such Official Statement and its distribution to prospective purchasers of the
Bonds prior to the sale date of the Bonds is hereby approved.
6.04. Notice of Issuance. The County Clerk is authorized and directed to cause the
following notice pursuant to Wisconsin Statutes, Section 893.23, to be published as a Class
1 notice under Chapter 985 of the Wisconsin Statutes in substantially the following form:
NOTICE OF ISSUANCE
$1,825,000 GENERAL OBLIGATION NURSING HOME BONDS
NOTICE IS HEREBY GIVEN, pursuant to Wisconsin Statutes, Section 893.23, that Bayfield
County, Wisconsin, will issue its General Obligation Nursing Home Bonds in the aggregate
principal amount of $1,825,000, and such issue will close on or about July 30, 1978. A copy
of the proceedings had to date of publication of this notice is on file and available for
inspection by any interested person at the office of the County Clerk, in Washburn, Wisconsin.
Dated June 21, 1978
Edward A. Pajala, County Clerk
Moved by Bromberg, seconded by Erickson that the foregoing resolution be adopted accepting
Wisconsin
the bid of First✓National Bank of Milwaukee.
A roll call vote was asked for with -the following results: No. 9a
Ayes - Maki, McGillivray, Seidel, Strom, Rave, Johnson, Erickson, Meierotto, Barningham, Bromberg
Nayes - Spears, Stephenson, Diamon, Hanson, Berweger, Sellung, Ludzack, Renoos
Ayes - 10
Nayes - 8
Total 18
Motion carried.
380
June 21. 1978
Motion No. 10
Moved by Renoos, seconded by Hanson to reconsider the railroad matter.
A roll call vote was taken to reconsider the railroad issue with the following results: No.10
Ayes - McGillivray, Seidel, Johnson, Stephenson, Hanson, Berweger, Sellung, Ludzack, Renoos,
Erickson, Meierotto, Barningham
Nayes - Strom, Rave, Spears, Diamon, Maki
Ayes - 12
Nayes - 5
Total 17 Motion carried.
Moved by Renoos, seconded by Johnson to adjourn as a county board and reconvene as a
Committee of the Whole for the purpose of a public hearing. Motion carried.
Tony Wise addressed the board asking that the county board again consider the railroad issue
and support same. Bromberg stated that people in his district were in opposition to the.railroad.
Ashland Mayor Steve Zohimsky commented on the issue, also in -support of the railroad. James
Melin, Ashland, also spoke in favor of the railroad as did Karl Ludzack, county board member.
Pete Mann, Hancock, WI, former Chicago Northwestern employee, addressed the board and spoke in
favor of the railroad. Harold Mann,.Tn. of Delta, spoke against support of the railroad.
Moved by Stephenson, seconded by Seidel that the public hearing be closed and the board
reconvene. Motion carried.
Moved by Stephenson, seconded by Bromberg to take an advisory vote on the issue of the
railroad.
Stephenson withdrew his motion.
No. 11 1
Moved by Bromberg, seconded by Hanson that the Bayfield County Board continue opposition
to the railroad.
A roll call vote was taken with the following results: No. Ila
Ayes - McGillivray, Strom, Rave, Spears, Stephenson, Diamon, Hanson, Berweger, Barningham,
Bromberg, Maki
Nayes - Seidel, Johnson, Sellung, Ludzack, Renoos, Erickson, Meierotto
Ayes - 11
Nayes - 7
Total 18 Motion carried.
The following resolution was read: No. 12
WHEREAS, the Town of Drummond is a municipality in Bayfield County and;
WHEREAS, the demand for outdoor recreation in the Drummond area has warranted the development of
bock, launching and picnic facilities, two tennis courts, soft ball diamond, basketball court,
skating rink with lights, picnic shelter, parking area, water supply, and picnic tables and;
l
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
Karl Ludzack
Art Hanson
Charles Diamon
Dale Maki
Moved by Seidel, seconded by Diamon that the foregoing resolution be adopted. Motion
carried.
The following resolution was read: No. 13
WHEREAS, Bayfield County provides Social Services pursuant to Section 46.22 and Community
Mental Health, mental retardation and alcoholism and drug abuse services pursuant to Section
51.42, and
WHEREAS, Chapter 55 insures protective services to all individuals for persons other than
children who are provided services under Chapter 48, and
WHEREAS, it is administratively advisable to designate one agency as the lead agency to
provide services, therefore
BE IT RESOLVED by the Bayfield County Board in session this 21st day of June, 1978 that
the Bayfield County Unified Services Board be designated as the lead agency to insure the
provisions of Chapter 55.
Presented by: Joel Bromberg
James C. Strom
Herbert G. Spears
William E. Rave
Wayne A. Sellung
Moved by Johnson, seconded by Sellung that the foregoing resolution be adopted. Motion
carried.
Moved by Johnson, seconded by Ludzack that the meeting be adjourned. Motion carried.
Walter C. Barningham, Chairma
Bayfield County Board of Sup rvisors
Edward A. Pajal Clerk
Bayfield Coun