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HomeMy WebLinkAboutCounty Board of Supervisors - Minutes - 5/29/1979496 v MEETING OF THE BAYFIELD COUNTY BOARD OF SUPERVISORS May 29, 1979 The meeting was called to order at 9:35 a.m. by Walter C. Barningham, County Board Chairman. The following members answered roll call: No. 1 Present - Edwin,Erickson, Art Meierotto, Walter Barningham, Joel Bromberg, Dale Maki, Larry Seidel, James Str,om•,:.W_illiam Rave, .Glenn.Spears,--James Stephenson, Charles Diamon, Art Hanson, Carl Anderson, a.yne Sellung, and Edwin Renoos, ent - Russell McGillivray, Wallace Johnson and Karl Ludzack. present - 15 absent - 3 Total 18 A prayer and pledge of allegiance was led by Larry Seidel, board member. Wallace Johnson arrived at this time. Moved by Erickson, seconded by Rave to dispense with the reading of the minutes of the previous eting. Motion carried. Karl Ludzack arrived at this time. No. 2 Clerk Paj.ala read the report of the Bayfield County Zoning Committee. REPORT OF THE BAYFIELD COUNTY ZONING COMMITTEE o: The county board.of supervisors of Bayfield County on the hearing on the petitions to amend e Bayfield County Zoning Ordinance. The Zoning Committee of the Bayfield County Board of Supervisors, having held a public hearing uant to Section 59.97 (5), Wisconsin Statutes, notice thereof having been given as provided by aw and being duly informed to the facts pertinent to the proposed changes, hereby recommends that e petition described as follows be approved: The West -Half (W2) of the North-East One -Quarter (NE-4) of the South-West One -Quarter (SWµ) , ection Twenty -One (21) , Township Forty -Eight (48) North, Range Nine (9) West, be changed from restry-1 Use to Residential-2 Use. The Zoning Committee also recommends that the following:petiti.on be denied: The North-West One -Quarter (NWµ) of the North-West One -Quarter (NWT.) , Section Twelve (12) , and he South-West One -Quarter (SW µ) of the South-West One -Quarter (SW µ) , Section One (1) , both located Township Fifty (50) North, Range (4) West,'be changed from Agricultural-1 Use to Residential-3 ise. Edwin Renoos Herbert Spears Walter Barningham James Stephenson Joel Bromberg Moved by Renoos,­ -seconded by- _..Spears to.=ree.e,ive the report and place it on file. Motion carried. The following amendatory ordinance was read: No. 3 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 mended. so that as amended,, May 29, 1979 The West -Half (Wz) of the North-East One Quarter (NE-4) of the South-West One -Quarter (SWµ), Section Twenty -One (21), Township Forty -Eight (48) North, Range Nine (9) West, is changed from Forestry-1 Use to Residential-2 Use. Dated: May 29, 1979 Signed: Bayfield County Zoning Committee Edwin Renoos, Herbert Spears, Walter Barningham, James Stephenson, Joel Bromberg Moved by Spears, seconded by Renoos to adopt ordinance. Russ McGillivray arrived at this time. Statements of opposition to rezoning the Jerry Hall property were read from: 3a Christoffer Pederson E.M. Bailey John Klick Virginia Hughes Patrice Schmid June Blair Susan Schmid Myrtle Dooley Rodney Hicks Kristin Nygren Pearl" Rupert David Lee; Bayf ield County Zoning Administrator, was then asked to speak on and explain the ordinance. Question on the motion was asked for. Motion carried. The following resolution was read: no. 4 WHEREAS, There is presently in effect in Bayfield County Comprehensive Zoning and Sub- division Ordinances, and, WHEREAS, Gary J. Larson, a realtor, has created a subdivision located in Section Twenty- three (23), Township Forty-five (45) North, Range Nine (9) West, Town of Barnes which has resulted in the creation of forty-nine (49) lots, and WHEREAS, This subdivision has resulted in the creation of nine (9) lots which appear to violate the terms of Section 2.0 of the Bayfield County. Sub -division Control Ordinance, and, WHEREAS, seven (7) of the said nine (9) lots appear also to violate the terms of Section 20.0 of the Bayfield County Zoning Ordinance by their failure to meet minimum dimensional standards for the zoning district in which they are located, and, WHEREAS, Said Gary J. Larson refuses to initiate action to rectify this matter, and WHEREAS, The Bayfield County Zoning Committee recommends that an action be commenced against said Gary J. Larson for the violations of the provisions of said ordinance and for such relief as may be appropriate as to secure compliance with said ordinances, and, ' WHEREAS, Said ordinances require Bayfield County Board action before such relief is sought, NOW, THEREFORE BE IT RESOLVED, That the Bayfield County Board of Supervisors directs this matter be referred to the Bayfield County District Attorney who shsll authorize to pursue whatever action, including litigation, necessary to secure compliance with the Bayfield County Zoning and Subdivision Control Ordinance, 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 11.0 of the Bayfield County Subdivision Control Ordinance.' Dated: May 29, 1979 Signed: Bayfield County Zoning Committee Edwin Renoos, James Stephenson, Joel Bromberg, Walter Barningham, Herbert Spears Moved by. Spears, seconded by Bromberg to adopt. Motion carried. The following resolution was read: No. 5 Mav 29. 1979 Cr WHEREAS, There has been employed under the CEP in the Bayfield County Zoning Depart- ment an assistant zoning administrator'.and WHEREAS, Said assistant has resigned and it is now necessary to replace said assistant and WHEREAS, Bayfield County has advertised the position and four applicants have applied and WHEREAS, One applicant appears to have extremely high qualifications for the position and the personnel committee is of the opinion that it is necessary for the county to..hire a qualified and competent person to fill the vacancy and WHEREAS, The person that the committee has chosen to fill the vacancy is..not qualified under the CEP . and it is necessary therefore to pay that person from county funds and WHEREAS, There was provided in the budget sufficient funds to cover the travel expenses of the additional zoning administrator but no funds were provided for a salary for the additional zoning administrator, now therefore be it RESOLVED, That an amount of $6,400 be transferred from the contingency fund to the zoning budget to cover the estimated cost of said salary. EXECUTIVE COMMITTEE Walter Barningham James Stephenson Wallace Johnson Larry Seidel Art Meierotto Edwin Renoos Edwin Erickson Moved by Bromberg, seconded by Seidel to adopt. A roll call vote was taken on the adoption of resolution 5 with the following results: No. 5a Ayes 18 Nayes 0 Total 18 AYES: Erickson, Meierotto, Barningham, Bromberg, Maki, McGillivray, Seidel, Strom, Rave, Spears, Johnson, Stephenson, Diamon, Hanson, Anderson, Sellung, Ludzack, Renoos NAYES: None (Names typed in July 3, 1979 - Not published) Motion carried. It was moved by Spears and seconded by Diamon that Gretchen Barnes and Carolyn Sneed be nominated for the Board of Adjustment. The chair called 3 times for additional nominations. Moved by Bromberg, seconded by Seidel that nominations be closed. Motion carried. Motion carried. The following Resolution was read: No. 6 WHEREAS, The President of the United States has declared that the survivability, mobility and tactical usefulness of our submarines is essential and has requested the Congress to support the research and development of Project E.L.F. and WHEREAS, The Navy Facility, which is located near Clam Lake,Wisconsin, and has been in exist- ence for the past 10 years, has: (1) Demonstrated that Project E.L.F. is capable of carrying out its mission as planned; (2) Has shown no adverse biological effects upon the area and; (3) Has received a widespread show of support by the people of Clam Lake in Northern Wisconsin, and now therefore be it RESOLVED, That the Bayfield County Board of Supervisors encourages the U.S. Navy to continue in its operation of the Wisconsin Test Facility, and supports the concept of Project E.L.F. and, be it further RESOLVED, That copies of this resolution be mailed to President Jimmy Carter and to the Wisconsin Congressional Delegation. EXECUTIVE COMMITTEE Wallace Johnson, Art Meierotto, James Stephenson, Larry Seidel, Ed Renoos, Ed Erickson, Walter Barningham. Mav 29. 1979 Moved by Spears and seconded by Anderson to adopt. Harry W. Thibedeau, Sawyer County, who originally proposed that the resolution supporting E.L.F. be presented to the county board was'pre-s-ent and was -called on to address the board. Bromberg questioned E.L.F.'s need as it cannot make contact with submarines in the Eastern Meditteranean and that the votes in opposition in three hearings he had been to outnumbered the votes in favor of E.L.F. Donald Schraufnagel, Mason, Wisconsin, next addressed the board informing them of a hearing held in upper Michigan. The votes were 4-1 in opposition of Project E.L.F. Stewart Oscars, Delta, Wisconsin, requested if Dr. Craig Kronstedt who was also present could make a presentation in opposition of E.L.F. Dr. Kronstedt was allowed to speak before the board. Stephenson made a motion to put -the question to Project E.L.F. Ludzack seconded it. Bromberg requested a roll call vote. McGillivray then took the floor and voiced his opposition to Project E.L.F. His reasons were that no one is absolutely sure that Project E.L.F. is not harmful and for that reason he would oppose the resolution. A roll call vote was taken to adopt Resolution 6 with the following results: 6a Ayes 13 Nayes 5 TOTAL 18 AYES: Erickson, Meierotto, Barningham, Seidel, Strom, Rave, Spears, Johnson, Stephenson, D iamon, Anderson, Ludzack, Renoos. NAYES: Bromberg, Maki, McGillivray, Hanson, Sellung (Names typed in July 3, 1979 - Not published' Motion carried. The following resolution was read: No. 7 WHEREAS, Bayfield County did enter the N2 SEµ Sec. 1, Township 51N, Range 4W, under the forest crop lands and WHEREAS,.The above lands were entered in error as they were at the time of entry Indian lands on the Red Cliff reservation and WHEREAS, This error did come to the attention of the Bayfield County Board and Bayfield County did make application to the Department of Natural Resources to withdraw the above described property from forest crop lands and WHEREAS, Said withdrawal has been approved by the Department of Natural Resources and WHEREAS, Bayfield County did have a timber sale on part of the property in question in 1976 and did remove in said timber. sale 143.05 cords of aspen and WHEREAS, The Bureau of Indian Affairs has now filed a claim in the amount of $715.25 against the Bayfield County forestry department as damages for the timber that was removed, now therefore be it RESOLVED, That the Bayfield County forestry department be authorized and directed to pay to the Bureau of Indian Affairs an amount of $715.25 and be it further RESOLVED, That said amount be transferred from the county contingency fund to the county forestry account. CONSERVATION AND FORESTRY Larry Seidel, Karl Ludzack, Dale Maki, Charles Diamon, Arthur Hanson, Walter Barningham Mav 29. 1979 Moved by Diamon and seconded by Seidel to adopt. William Hepner was called on by the board to further explain the resolution. Hepner said that everything was explained in the resolution and he really did not have much to add. The following letter was read to be placed on record: 7a United States Dept. of Interior Bureau of Indian Affairs Great Lakes Agency Ashland, WI 54806 Mr. William Hepner Bayfield County Forestry Dept. Bayfield County Courthouse Washburn, WI 54891 Dear Mr. Hepner: A recent,investigation established that timber has been out under a contract with Bayfield County on Indian -owned land (Red Cliff Reservation) administered by the Bureau of Indian Affairs. This was on the Delia Lemieux allotment described as N2 SEµ Section, Township 51 North, Range 4 West, Bayfield County, Wisconsin. The Bureau of Indian Affairs is required to collect damages from -timber trespasses which are committed on Indiam lands. Bayfield County liability for damages amounts to $715.25. This value was placed on the volume of 143.05 cords of aspen out on 5.46 acres at a stumpage rate of $5.00 per cord. A check made to Bureau of Indian Affairs or money order in the amount of $715.25 should be forwarded to this office within fifteen (15) days. Sincerely, Edmund Manydeeds, Superintendent By: R.P. Wallace, Forest Manager Pajal`a stated that he had in his file an acknowledgement by William Hepner of a letter received from the Dept. of Interior and another letter from Hepner recommending that the county board allow the payment of $715.25 and another letter from the U.S. Dept. of Interior extending the deadline to June 13, 1979. Karl Ludzqck suggested that we question this payment since Bayfield County did not have the intent to trespass. He further added that by paying the requested amount we would be admitting , our guilt in trespassing. Moved by Erickson and seconded by Strom to have discussion of the resolution tabled until after lunch. Motion carried. The following ordinance and letter was read: No. 8 & No. 8a TOWN OF DELTA BAYF IELD COUNTY WISCONS IN ORDINANEE CREATING PLANNING COMMISSION, PROVIDING FOR INTERIM ZONING AND APPOINTING ADMINSTRATOR AND CREATING APPEAL BOARD Whereas, the Town Board of the Town of Delta in Bayfield County, Wisconsin, possesses the right to exercise powers relating to villages by virtue of a resolution adopted by vote of the qualified electors at the 20th March 1979 annual meeting which directed the Board to exercise such powers; and Whereas, referendum vote of the electors of the Town conducted on the llth day of April 1979 authorized the Town Board to exercise its powers to adopt a zoning ordinance; and Whereas the membersof the Town Board are satisfied that the adoption by the Board of an ordinance regulating land use within the Town will promote the general welfare of the community; and Whereas the best interests of the Town of Delta require enactment of an interim zoning ord- inance to preserve existing uses while a comprehensive zoning plan is being prepared; Now, therefore, be it ordained by the Town Board of the Town of Delta; Section 1. That so much of Section 62.23, Wisconsin Statutes, is adopted by this reference as will create, and there hereby is established, a Town Planning Commission comprised of the Town Chairman, a;:Town Supervisor and three citizen members, who shall be appointed by the Town.Chairman subject to confirmation by the Supervisors. Members of the Commission shall serve without compen- sation. The Commission shall have the powers and duties specified in Section 62.23, Wisconsin Statutes. Section 2. That so much of Section 62.23, Wisconsin Statutes, is adopted by this reference as will create, and there is hereby established, the office of Town Zoning Administrator and Board of Appeals comprised of five members who shall be appointed in the manner and for the terms specified by law. Appointment shall be by the Town Chairman with confirmation by the Super- visors and the members shall serve without compensation. The Administrator and Board shall have the duties specified in Section 62.23, Wisconsin Statutes. Section 3. That, to preserve land use for a period not to exceed two years from the date of this enactment and to regulate land use during the period of preparation of a. comprehensive zoning plan, the provisions of the Bayfield County Zoning Ordinance are hereby adopted by -this reference and the same are to control land use within the Town of Delta except that each lot, as that term is used in said County Ordinance, shall have an area of not less than 4.5 acres and all lots, lake and land, shall have a minimum frontage and minimum average width of not less than 300 feet. This ordinance shall take effect and be in force from and after its passage and posting in the manner required by the laws of the State of Wisconsin. Adopted: May 2, 1979. Harold Main, Town Chairman Luke Mullin, Supervisor Frederick H. Smith, Supervisor Countersigned by: Elizabeth Visocky, Town Clerk Town of Delta Bayfield County, Wisconsin May 21, 1979 Bayfield County Board Washburn, WI 54891 Gentlemen: We request that a delegation from the Twon Board of the Town of Delta appear before your board to present an interim zoning ordinance and zoning map for your approval at your May 29th Board meeting, so that, for a period not longer than two years, the Planning Commission of the Town of Delta can develop a comprehensive ordinance, which you will note, adopts the Bayfield County Zoning Ordinance by reference as well as restrictions on minimum lot sizes and frontages. We request this opportunity, and the delegation will attend the May 29th meeting. Sincerely, Harold Main, Chairman Delta Planning Commission CC: Bayfield Co. Clerk Bayfield Co. D.A. Walter Barningham Wallace Johnson Edwin Renoos Arthur Hanson Moved by Hanson, seconded by Diamon to receive ordinance and letter and place them on file. Motion carried. The following resolution was read: No. 9 WHEREAS, The Town of Delta has, pursuant to Section 60.74, Wisconsin Statutes, adopted an ordinance creating a planning commission and providing for interim zoning and appointing an ad- ministrator and creating a Board of Appeals, and, WHEREAS, Said ordinance provides to regulate land use for a period not to'exceed two years from the date of enactment during which period there shall be prepared a comprehensive zoning plan, and, WHEREAS, Said ordinance adopts the provisions of the Bayfield County Zoning Ordinance, by reference, to,control land use within the Town of Delta, except that each lot, as that term is used in said county ordinance, shall have an area of not less than 4.5.acres and a minimum frontage and minimum average width of not less than 300 feet, and, WHEREAS, Under the terms of Section 60.74 (7), Wisconsin Statutes, said Town Zoning Ordinance must receive the approval of the Bayfield County Board prior to enactment, NOW THEREFORE BE IT RESOLVED, That the Bayfield County Board in session on this the 29th day of May, 1979, does hereby honor the request of the Town of Delta by granting approval to allow the Town of Delta to exercise town zoning powers through the administration of the Town Zoning Ordinance adopted by the Town of Delta, Bayfield County, on May 2-, 1979. Dated: May 29, 1979 Ed Renoos Walter Barningham James Stephenson Joel Bromberg H. Glenn Spears Moved by Diamon and seconded by Hanson to adopt resolution. Motion carried. Moved by Erickson, seconded by Maki to adjourn for lunch. Motion carried: The meeting was called to order at 1.:15 PM. Barningham with the following -members answered_r:.oll.call: No. 10 Edwin Erickson James Stephenson Art Meierotto Wallace Johnson Joel Bromberg Charles Diamon Dale Maki Art Hanson Russell McGillivray Carl Anderson Larry_Seidel Wayne Sellung James Strom. Karl Ludzack Absent - William Rave, Glenn Spears; Edwin,Renoos Present - 15 Absent - 3 TOTAL 18 The following ordinance was read: No. 11 FOR CREATING A COUNTY AGING UNIT Whereas, the older people of Bayfield County are now and have long been contributing members to this county`s social and economic well-being. In order that older people have the opportunity to realize their full potential and completely participate and have access to all areas of com- munity life; to participate in program planning and to determine services to be provided Therefore, the County Board of Supervisors of the County of Bayfield; State of Wisconsin, do ordain as follows: Section 1.1 NAME OF COUNTY AGING UNIT The Bayfield County Commission on Aging shall be designated as the County Aging Unit. Section 1.2 PURPOSE It is the purpose of this Ordinance to enable the -creation of a County Aging unit which shall be responsible to: (A) Represent the views, interests and concerns of older people in all county matters affecting them; and (B)- Assume that older people have the opportunity to participate in, contribute to, and have access to all facets of community life to the limits of their capacity. Section 1.3 DEFINITIONS As used in this Ordinance, except where otherwise expressly provided "older people';' means people who'are 60 years of age and older. Section 1.4 APPOINTING AUTHORITY The members of the County Aging Unit shall be appointed by the Chairperson of the Bayfield County Board, subject to confirmation by the Bayfield'County Board of Supervisors. Nominations for membership shall be solicited from the community Section 1.5 MEMBERSHIP (A) MEMBERSHIP COMPOSITION The membership of the County Aging Unit shall consist of the following composition: -At least 7 but"not more than 13 members. -At least 2 members shall be County Board Supervisors. -At least 51/ of the members shall be age 60 and over. -At least 51/ of the members shall be -.people who are not elected officials -Representation shall be of the varying income ranges and minority composition of the older adult population in the county. (B) TENURE The members shall serve for a term of 3 years with the exception of the original member- ship whose terms shall be staggered: 33 1/3 percent of the members for 1 year, 33 1/3 percent of the members for 2-years, and 33 1/3 percent of--the-members for'3 years. Section 1.6 POWERS AND DUTIES The powers and duties.of the County Aging Unit,'•which shall be exercised and performed in conformity with the laws`and ordinances-of"the County of Bayfield, .shall be as follows: (A) To receive, disburse and administer funds for services and programs for older persons. (B) To develop and implement an annual, comprehensive, coordinated county aging plan for programs for older people. 504 Mav 29. 1979 (C) To develop policy for the county aging unit to carry out activities consistant with the purpose of this ordinance and related Federal and State law. (D) To conduct prior review and approve all proposals relating to matters affecting older people that are to be considered by the County Board. (E) To provide information to individuals, groups and the community about the needs, inter- ests, circumstances, and services.available to older people: (F) To assist and encourage other county service agencies in organizing, developing, modify- Ing _and, expanding .available .services,,. and. programs -fdr older. people. (G) To identify and encourage the development of opportunities whioh enable older people to fully contribute to the welfare of the community. -, (H) To submit an annual report of its activities to the County Board and such other reports as the County Board may deem appropriate. (I) To elect a chairperson, and,other officials from amongst its members, to represent the County Aging Program. (J) The County Aging Unit shall recommend to its members of the Board of the District VIII Area Agency on Aging its selection of priorities as.listed in the State operating plan under Title III. (K) The County Aging Unit shall elect a member to the Board of Directors to the District VIII Area Agency on Aging as well as delegates to the District VIII.Area Agency on Aging's Advisory Committee and alternates in the planning and service area. (L) To adopt by laws and procedures to facilitate operation of the County Aging Unit pro- viding they are not inconsistant with the -rules and regulations of the Bayfield County and the District VIII Area Agency on Aging. (M) To perform such other functions as are deemed necessary by the Bayfield County Board to fulfill the purpose of the County Aging Unit. Section 1.7 ADMINISTRATIVE ASSISTANCE The County Board of Supervisors shall provide for the needs of the County Aging Unit in - eluding office space. Section 1.8 RELATIONSHIP All Departments and Divisions of County Government shall assist the County Aging Unit in fulfilling its purpose Submitted by: Wallace Johnson, Joel.Bromberg, William Rave, James Strom'Walter Barningham, Wayne Sellung BAYFIELD COUNTY COMMITTEE OF SOCIAL SERVICES, HEALTH, EDUCATION AND LIBRARY Moved by Bromberg and seconded by Johnson to adopt_ordinance. Renoos and Rave arrived at this time. Clerk Pajala asked if the members of the County Aging Unit were to be paid per -diem and expenses by Bayfield County. Ray Kyle answered by explaining that the unit meets once a month and the members employed by -the unit are paid mileage to the meeting and no per -diem. The unit has a budget to pay the mileage costs. Glenn Spears arrived at this time. Pajala then asked if this unit would replace the Commission on aging that is now in effect. Kyle -answered that the present Commission would be dissolved and this new unit will take over equipped with the same staff. A motion was made by Strom and seconded by Renoos to amend ordinance dissolving the old County Commisssion on Aging. Motion Carried. Seidel questioned the language in'the ordinance pertaining to the line that reads - the needs -of the unit and office space will be provided by the' county. He felt this should be made more specific as to the needs.- Pajala then gave the suggestion that that particular paragraph -could be striken out of the ordinance. Lou Stolle, Nutrition Director, said he -saw -no problem -in removing the language as suggested by Pajala: Moved by Seidel and seconded by Strom at amend,- ordinance by striking Sec.:_1.7 of the or- dinance. Motion carried. Question was asked on the ordinance as amended.:. Motion carried to adopt amended ordinance. Moved by Bromberg, seconded by Strom that regular mileage as paid by the county board apply to this ordinance. Motion carried. Clerk Pajala read the following communication: lla J TO: Bayfield County Board Mr'. Walter Barningham, Chairman The Bayfield County Commission on Aging to be designated as the County Aging Unit requests the following individuals to be appointed to the Unit for the following terms: 1. Jan Washneisky - Assit. Dir. R.S.V.P. - 3 yrs. 2. Ernest "Jack" Nelson - 3 years 3. Naomi Nelson - 3 yrs. 4. Evelyn Stone - 3 yrs. 5. Barbara Belanger - 3 yrs. 6. Doris Potvin - 2 yrs. 7. Kenneth Howell - 2 yrs. 8. Rev. Jenkins - 2 yrs. 9. Ray Kyle - 1 yr. 10. Emily Larson - 1 yr. 11. Albin Larson - 1 yr: 12. Joel Bromberg - 1 yr. 13. Bayfield C ounty, Board - 1 yr. Supervisor - To Be Designated Chairman Barningham then appointed the individualynamed in the communication to terms indic- ated. A motion was made by Spears and seconded by Rave that the communication be received and placed on file and that the 12 appointments made by Mr. Barningham be confirmed and that Barn- ingham make one additional appointment to the board. Motion carried. May 29, 1979 The following resolution was read: No,. 12. WHEREAS., Section 1 of Public Law 94-565 (90 Stat..2662) provides for distribution of payments in lieu of t�xes to the smallest unit of government in which national forest lands are located and WHEREAS, The secretary of the United States Department of Interior has determined counties to be the lowest unit of government in Wisconsin to receive these distributions and the monies paid.may be used for any governmental purpose and WHEREAS, In Bayfie.ld County towns provide fire protection, .roads and other services to lands within the national forest boundaries and are deemed to be the principle providers of services and WHEREAS, Section 83.03(1) of Wisconsin statutes provides that the county board may aid in the construction, improving or repairing of any highway or bridge in the county.; Now therefore be it RESOLVED, That 75% of all future payments received under Section 1 of Public Law.94-565 be placed in a non -lapsing escrow account of the county and be designated for constructing or im- proving or repairing or aiding in constructing, improving or repairing any highway or bridge in towns in which -national forest lands are located, and be it further RESOLVED, That each town having national forest lands within. its boundaries shall be en- titled to draw from the afore mentioned escrow account, for services rendered for construction, improving or repairing any highway or bridge within said town such proportion of said funds thereof as the area of national forest lands therein bears to the area of such lands in the entire county, and be it further RESOLVED, That the balance of funds remaining in said account to date and 25% of all future payments received under Section 1 of Public -Law_94-565 be placed in the county general fund for the general use of the county. Ed Renoos, Edwin Erickson, James Ste�h.enson, Art Meierotto, Wallace Johnson Moved by Erickson and seconded by Johnson to adopt. Anderson thought that a fair share of the money should also go tb towns that have, -no forest lands as these roads need repair too. Stephenson then pointed out that townships that have forest lands have, a' town levy, while moat -towns which do not have federal forest lands do not have a town levy. Moved by McGillivray and seconded by Renoos to amend resolution by changing the word "highway" to "roadway". Pajala pointed out that the word highway as used in paragraph four is a direct quote from the Wisconsin Statutes. McGillivray and Renoos withdrew their motion to amend. Moved by McGillivray and seconded by Renoos to add to the fifth and sixth paragraphs the word "roadway" following the word "highway". Motion carried. A roll call vote was taken on the adoption of resolution 12 as amended with the following results: 12a Ayes 14 Nayes 4 TOTAL 18 AYES: Erickson, Meierotto, Barningham, Bromberg, Maki, McGillivray, Strom, Rave, Spears, Johnson, Stephenson, Diamon, Hanson, Renoos NAYES: Seidel, Anderson, Sellung, Ludzack (Names typed in July 3, 1979 - Not published) Motion carried. we paj--4 �y',1C'e,� ! The following resolution was read: No.,, .13 Af040 Wes WHEREAS, the United States Department of Interior has offered to purchase certain lands within the boundaries of the Apostle Islands National Lakeshore and WHEREAS, A portion of said lands have been entered under the county forest lands and and WIE REAS, Said forest crop lands have now been withdrawn from forest crop lands designation WHEREAS, Section 75.69(2) provides that counties can sell tax delinquent lands which have been withdrawn from county forest lands withou.public advertising and be it WHEREAS, The executive committee has appraised said land at $150 per acre, -now therefore RESOLVED, That Bayf field County offer to sell to the United States Department of Interior National Park Service the following lands at the appraised price of $150 per acre: SZ NWµ See. 6-51-4, SE4 NEµ Sec. 1-51-5; NW-4 Sec. 1-51-5, NE%NE4 Sec. 2-51-5, said tracts conta-ining a total of 316.26 acres more or less. EXECUTIVE COMMITTEE Wallace Johnson, Art Meierotto, James Stephenson, Larry Seidel, Ed Renoos, Ed Erickson Moved bey "St-ephenson and seconded by Rave to adopt. An objection was_mdde by Spears that the price per acre was too low. Anderson also bro?� ht up the fact that a resolution was made at a previous meeting that Bayfield County cannot sell county lands to State or Federal Governments. Pajala then clarified that a resolution was not made, it was just placed on record that the county opposes this kind of selling. William Hepner was then called on by the board to explain the withdrawal procedure. At this point Spears withdrew his previous objection. A roll call vote was taken on the adoption of resolution 13 with the following results: 132 Ayes 10 Nayes 7 Absent -1 18 AYES: Erickson, Meierotto, Barningham, Seidel, Strom, Rave, Spears, Stephenson, Diamon, Hanson NAYES: Bromberg, Maki, McGillivray, Anderson, Sellung, Ludzaek, Renoos ABSENT: Johnson (Names typed in July 3, 1979 - Not published) -.Motion carried., The following resolution was read: No. 14 WHEREAS, The United States Department of Interior has offered to -purchase certain lands within the boundaries of the Apostle Islands National Lakeshore and WHEREAS, Said lands are indentified by the United .States Department of Interior as tract 06-136 numbers: 02-110, 02-11713 02-112, 05-102, 06-103, 06-110, 06-124, 06-128, 06-132,/06-140 and a part of tract number 01-133 and WHEREAS, Pursuant to Section 75.69(1) said lands must be appraised and advertised by publica- tion of a class-3 notice under.chapter 985, now therefore be it RESOLVED, That the executive committee of the county board be authorized and directed to 508 29. 1979 advertise for sale the above mentioned.tracts of:land. S igned : ' Wallace Johnson, Art Meierotto,James Stephenson, Larry Seidel, Ed Renoos, and Ed Erickson Moved by'Seidel and seconded by Maki to adopt. Motion carried. The following resolution was read: No. 15 WHEREAS, Section 75.69(1) provides that in counties of population of less than 500,000 no tax delinquent real estate acquired by a municipality as defined by 75.35 shall be sold unless the sale and appraised value of such real estate has first been advertised and WHEREAS, Said Section 75.69(1) further provides that the county is authorized to sell for an amount equal to or above the appraised value without readvertisement any land previously advertisedl for sale and WHEREAS, It has been the policy of the executive committee of the county board that all lands) be advertised a minimum of two times before they are sold without further advertising and WHEREAS, It has also been the policy of the executive committee of the county board to authorize the county clerk and the county treasurer to sell at their discretion at any time within 30 days of the opening of bids of the second advertising any lands that have been advertised a minimum of two times, now therefore be it RESOLVED, That,the Bayf field County Board does go on record this 29th day of May, 1979, approving the policy of the executive committee whereby all tax title lands shall be advertised a minimum of two times at the same appraised price before they shall be sold without further advertising and that the county.cierk.and the county treasurer can sell during the period of 30 days after opening of the bids such lands for the appraised price, and be it further RESOLVED, That after the said 30 day time period has elapsed the executive committee is authorized to sell at their discretion any such lands that have been advertised a minimum of two times at the appraised price and be it further RESOLVED, That if the executive committee of the county board deems it to be in the best interest of the county -in certain exceptional cases to sell tax title lands without further advertising after they have been advertised once, they shall be authorized to do so. Signed: Wallace Johnson, Art Meierotto, James Stephenson, Larry Seidel, Ed Renoos, Ed Erickson Moved by Meierotto and seconded by Renoos to adopt. Moved by Diamon, seconded by Rave to amend resolution by striking the last paragraph of the resolution. Motion carried. Motion carried to adopt resolution as amended. Moved by Seidel-, seconded by Maki that resolution 7 be brought back to the floor. Motion carried. 5as May 29, 1979 /V . � d . C'+, tE9 V� ev Hepner told the board that he had discussed this resolution with the D.A. The D.A. pointed out that the statue of limitations may not apply to this situation. The D.A. also told Hepner that if Bayfield.County did pay the amount requested, they would not be setting a precedent for future timber trespass. A,roll call votewas taken on Resolution 7 with the following results: 7b Ayes 12 Nayes 5 Absent 1 TOTAL 18 AYES: Erickson, Meierotto, Barningham, Bromberg, McGillivray, Seidel, Strom, Rave, Spears, Diamon, Hanson, Renoos NAYES-,Maki, Stephenson, Anderson, Sellung, Ludzack ABSENT: Johnson (Names typed in July 3, 1979 - Not published) Motion carried. The following resolution was read: No. 16 WHEREAS, The Bayfield County Board of Supervisors did, at their April 17, 1979 meeting, cancel a Tax Deed taken January 21, 1929, on the NE SE and the NW SE, both in Sec. 1-51-4, Town of Russell, and WHEREAS, Bayfield County did enter the aforesaid property under the Forest Crop Program; and WHEREAS, It has come to the attention of Bayfield County that the lands are Indian lands and were, therefore not taxable, and WHEREAS, Bayfield County has now withdrawn these lands from Forest Crop, and WHEREAS, Thei:lands were not taxable lands., they were not subject to a Tax Deed, and WHEREAS, It has, come to the attention of Bayffield County that ther.e was another Tax Deed taken on November 22, 1927 on the same property., now therefore be it RESOLVED, That the Tax Deed taken on the NE SE and the,NW SE on November.22, 1927 and .recorded in V.6 P. 5131) be and it zis hereby cancelled. EXECUTIVE COMMITTEE Wallace Johnson, Art Meierotto, James Stephenson, Larry Seidel, Ed Renoos, Ed Erickson Moved by Renoos and seconded by Bromberg to adopt. Motion carried. The following resolution was read: No. 17 WHEREAS, Bayfield County did take a tax deed on the NW SW Sec. 1-51-5, Town of Bayfield, on Feb. 7, 1949, as recorded in V.10 P. 304 of Tax Deeds, and WHEREAS, Bayfield County did enter the said NW SW, Sec. 1-51-5 as Forest Crop Lands under Chapter 77, Wis. Stats., as recorded in V. 156 P. 253 on Mar. 17, 1950, and WHEREAS, It has come to the attention of Bayfield County that the records in the office of Otto Korpela, Register of Deeds, show that a restricted fee patent was -issued under 29'. 1979 the Treaty of 9-30-1854 and dated 5-8-1897 to "Mary Borgo" as recorded in'V. 69 P. 309, and WHEREAS, No document has ever been issued to remove the restriction on the Mary Bongo allot- ment, and WHEREAS, The said land was not taxable and not subject to a tax deed, now therefore be it RESOLVED, That Bayfield County make application to withdraw the said NW -,SW, Sec. 1-51-5 from County Forest Lands, and that the tax deeds be cancelled and be it further RESOLVED, That this resolution also serve to correct a typographical error in that the correct name is "Mary Bongo" for allotment #50 rather than "Mary Borgo" as referred to in the patent re- corded in V.69 P. 309 as indicated in correspondence from the 'Great Lakes Agency, Ashland, WI on file in the County Clerk's office. EXECUTIVE COMMITTEE Wallace Johnson, Art Meierotto, James Stephenson, Larry Seidel, Ed Renoos, Edwin Erickson Moved by McGillivray and seconded by Erickson to adopt. Motion Carried. The following resolution was read: No. 18 WHEREAS, The addition to the Beef Barn and the overhang. roof over the boardwalk behind the bleachers at the Bayfield County Fairgrounds was damaged due to the snow load, and WHEREAS, An estimate of the cost of repairing these structures was $4, 300.00 and WHEREAS, One thousand dollars has been set aside in the present budget for outlay and build- ing repair, and now therefore be it RESOLVED, That $3,000 be allocated from the contingency fund to cover part of the cost of repairing these two structures. Respectfully Submitted BAYFIELD COUNTY FAIR COMMITTEE Art Meierotto, Walter Barningham, Art Hanson, Russell McGillvray, Dale Maki Moved by Meierotto and seconded by Maki to adopt. Pajala informed the committee that an identical resolution was brought to the board in April and action was deferred pending an investigation whether the damage was covered by insurance. Pajala stated that the damage is not covered by insurance. A roll call vote was taken on Resolution 18 with the following results:18a Ayes 17 Nayes 0 Absent 1 TOTAL, 18 AYES: Erickson, Meierotto, Barningham, Bromberg, Maki, McGillivray, Seidel, Strom, Rave, Spears, Stephenson, Diamon, Hanson, Anderson, Sellung, Ludzack, Renoos NAYES: None ABSENT: Johnson (Names typed in July 3, 1979 - Not published) Motion carried. The following resolution was read: No. 19 RESOLVED, That the County Board of the County of Bayfield, does hereby approve the plat of First Addition to Barnes Cemetery. EXECUTIVE COMMITTEE Art Meierotto, James Stephenson, Larry Seidel, Walter Barningham, Edwin Renoos, Edwin Erickson Moved by Erickson seconded by Renoos to adopt.. Motion carried. /�- The following resolution was read: No. 20 1 u' �i,Ui1�G�••' WHEREAS, The Bayfield County Board did on February 12, 1974, adopt Resolution 5 which provided for creating the position of a combined Emergency Government and Recreation Director and WHEREAS, The personnel committee isnow of the opinion that said resolution should be re- scinded and a new position of Recreation Director/Snowmobile Trail Coordinator be created, now therefore be it RESOLVED, That the position of Emergency Government Director/Recreation Director be dissolved and a new position of Recreation Director/Snowmobile Trail Coordinator be created, and be it further RESOLVED, That a salary with a hiring rate of $934 per month, six months - $977 and 18 months - $1,020 per month be established for said position, and be it further RESOLVED, That this resolution shall become effective upon passage. PERSONNEL COMMITTEE James Stephenson, James Strom, Karl Ludzack, Carl Anderson, Wayne Sellung Moved by Stephenson, seconded by Strom to adopt. Motion carried. The following resolution was read: No. 21 �f WHEREAS, The Bayfield County Board has dissolved the position of Emergency Government/ Rec- reation Director and WHEREAS, It is in the best interest -of Bayfield County tb have an Emergency Government Dir- ector, either part-time or full-time and WHEREAS, It is also necessary for Bayfield County to provide secretarial services to the Recreation Director/Snowmobile Trail Coordinator and May 29, 1979 WHEREAS, The personnel committee of the county board is of the opinion that a position of a part-time Emergency Government Director/Secretary and a secretary to the Recreation Director/Snow- mobile Trail Coordinator be established, now therefore be it RESOLVED, That a new position of a part-time Emergency Government Director/Secretary and secretary to the Re.c2reation Director/Snowmobile Trail Coordinator be established and be it further RESOLVED, That the position be designated as 75% Emergency Government Director/Secretary and 25% secretary to the Recreation Director/Snowmobile Trail Coordinator, and be it further RESOLVED, That a salary with a hiring rate of $869, 6 months - $912, and 18 months - $955 be established for the combined position, and be it further RESOLVED, That this resolution shall become effective upon passage. PERSONNEL COMMITTEE James Stephenson, James Strom, Karl Ludzack, Wayne Sellung, Carl Anderson Moved by Strom, seconded by Stephenson to adopt. A roll call vote was taken on Resolution 21 with the following results: Ayes 16 Nayes 0 Absent 2 TOTAL 18 AYES: Erickson, Meierotto, Barningham, Bromberg, Maki, McGillivray, Seidel, Strom, Rave, Spears, Stephenson, Diamon, Hanson, Sellung, Ludzack, Renoos. NAYES: None ABSENT: Johnson and Anderson (Names typed in July 3, 1979 - Not published) Motion carried. The following resolution was, read: No. 22 . WHEREAS, The Bayf field County Board has adopted a resolution creating the position of a part- time Emergency Government Director, Emergency Government Secretary and Recreation Director/Snow- mobile Trail Coordinator secretary and WHEREAS, Susan Gatts has been employed in the office of the Emergency Government Director since November 13, 1978, and said Susan Gatts has also been Acting Emergency Government Director since April 30, 1979, and WHEREAS, Susan Gatts is qualified to hold a position of Emergency Government Director, now therefore be it RESOLVED, That Susan Gatts be,appointed to the newly created position of part-time Emergency Government Director and secretary and secretary to the Recreation Director/Snowmobile Trail Co- ordinator and be it further RESOLVED, That the appointment become effective on June 1, 1979. PERSONNEL COMMITTEE James Stephenson, James Strom, Karl Ludzack, Carl Anderson, Wayne Sellung Moved by Strom and seconded by Stephenson to adopt. Motion carried. 513 Mav 29, 1979 v 'eC' J At .this time Susan Gatts, newly appointed Emergency Government Director/Secretary and sec- retary to the Recreation Director/Snowmobile Trail Coordinator was introduced to the board. The following resolution was read: No. 23 TO THE BAYFIELD COUNTY BOARD OF.SUPERVISORS: WHEREAS, Bayfield County is committed to the Snowmobile Trail Program and the connection and continuity of these trails are dependent upon easements, and WHEREAS, Bayfield County has a program of sale of tax delinquent lands which contain Snow- mobile Trails or proposed Snowmobile Trails, and WHEREAS, Presently lands in Section 29, Township 49 North, Range 5 West, Town of Washburn, are listed for sale which are critical for the proposed Washburn -Valhalla Trail, and be it WHEREAS, No.written easement has been obtained for the above mentioned trails, now therefore RESOLVED, That the Bayfield County Board of Supervisors, meeting this 29th day -of May, 1979, do authorize and direct an easement of fact be granted for the snowmobile trail in Section 29, Township 49 North, Range 5 West, as it presently exists. S igned : Karl Ludzack, Larry Seidel, Charles Diamon, Dale Maki,Art Hanson Moved by Seidel, seconded by Maki to adopt. Motion carried. The following letter was read: No. 24 -May 8, 1979 REPLY TO: 5420 Purchase SUBJECT : Scott, Mark, and Peter Sneed, #3821 TO Bayfield County Board of Supervisors Courthouse Washburn, WI 54891 Gentlemen: This is to notify you of our intent to purchase the following described land: T44N, R6W, Section 28, NW µSWµ, Township of Grandview, Bayfield County Thank you for your interest in the Chequamegon National Forest. Sincerely yours, William Byers Lands Staff Officer Moved by Spears, seconded by Seidel to received the letter and place it on file. Motion carried May 29, 1979 The following letter was read: Chairman, Bayfield County Board Bayfield County Courthouse Washburn, WI 54891 Gentlemen: No. 25 U. S. Department of the Interior Fish and Wildlife Service Federal Building, Fort Snelling Twin Cities, MN 55111 May 1, 1979 The United States Fish and Wildlife Service has recently acquired approximately 900 acres of land in Tripp Township to be used for the Iron River National Fish Hatchery. The Refuge Revenue Sharing Act as amended October 17, 1978 .(P.L. 95-469) provides for a yearly payment to Bayfield County as well as other counties in which the United States owns land under the jurisdieation of the Fish and Wildlife Service. The purpose of the payment is to alleviate the tax loss as a result of the Service's acquisition. These payments are based on 3/4 of 1/ of the Fair Market Value of the land, 25% of the net hatchery receipts, if any, or 75 cents per acre, whichever amount is greater. The Fair Market Value of these lands must be reevalua- ted at least once every 5 years to reflect current lands values. Based upon the above procedures, we anticipate the 1979 payment to Bayfield County to be in the neighborhood of $2,400. We have estimated the tax loss, based on the 1978 real estate taxes, to be approximately $1,800. The law provides that the payments.to the counties be passed,: on to those local.units of government which.actually incurred a tax.loss.. Please feel free to contact this office if you have any questions concerning this.matter. Sincerely yours, Charles Hughlett Acting Regional Director Moved by Diamon, seconded by Bromberg to receive the letter and place it on file. Motion carried. 4,) Moved by Erickson and seconded by McGillivray to adjourn. Motion carried. Walter C. Barningha Chairman Edward A. ajala, Clerk Bayfield County Board Bayf ie County