HomeMy WebLinkAboutCounty Board of Supervisors - Minutes - 8/7/1979August 7, 1979
MEETING OF THE BAYFIELD COUNTY
BOARD OF SUPERVISORS
AUGUST 7, 1979
The meeting was called to order at 9:30 AM by Walter Barningham, County Board Chairman.
The following members answered roll call: No. l
Present - Edwin Erickson, Walter Barningham, Joel Bromberg, Dale Maki, Russell McGillivray
Larry Seidel, Glenn Spears, Wallace Johnson, James Stephenson, Charles Diamon, Art Hanson,
Carl Anderson, Wayne Sellung, Karl Ludzack and Edwin Renoos.
Absent - Art Meierotto, James Strom and William Rave.
Present - 15
Absent - 3
TOTAL 18
A prayer and pledge of allegiance were. -led by Larry Seidel, Board member.
No. 2
Mr. Palmer McCoy, of the University of Wisconsin Extension, was present to present
Harry Lowe, Bayfield County Extension Agent, a plaque and 30-year pin honoring Mr. Lowe
for 30 years of service as an Agricult-mal Agent.
No. 3
I,
Moved by Bromberg, seconded by Hanson to dispense with the reading of the -minutes of the
previous meeting. Motion carried.
The following resolution was read: No. 4
WHEREAS, Bayfield County is eligible to receive Federal Aid Bridge Replacement Funds for
projects to replace or repair Town and County bridges, including necessary approach work; and
WHEREAS, The cost of these projects is shared by local units of government at 20/ and
by Federal Aid at 80%; and
WHEREAS, Federal Aid Bridge Replacement Funds are administered by the Wisconsin Department
of Transportation; and
WHEREAS, Wisconsin DOT policies require the County to select projects and approve
priorities; and
WHEREAS, The Highway Committee of Bayfield County hereby submits a list of priorities
to the Bayfield County Board of Supervisors and recommends their approval, now therefore
be it
RESOLVED, That the Bayfield County Board of Super'visars meeting in session this 7th
day of August, 1979, approves the priorities listed as follows:
(1) Bridge over Marengo River, Town of Lincoln, Sec. 1-T45N=R5W (plans done)
(2) Bridge over Siskiwit River Falls, Town of, Bell, Sec. 35-T51N-R6W
(3) T,,wn.Line Bridge, Town of Lincoln and Grand View, Sec. 6-T44N-R5W
(4) Bridge on Motel Road, Town of Keystone,.Sec. 31-T47N-R6W
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Presented by: Edwin Erickson, William Rave, Charles Diamon, Carl Anderson.
Moved by Spears, and seconded by Erickson to adopt the resolution. Motion carried.
The following communications.were read: No. 5
State of Wisconsin..._,..
Dept. of Transportation
4802 Sheboygan Ave.
Madison, WI 53702
Bayfield County Clerk
Courthouse
Washburn, WI 54891
6-25-79
Pursuant to Wisconsin State Statute 86.30, payment for local transportation aids has been
distributed to the treasurer in the amount of $*****94,249.42.
Fourth Quarter of Fiscal Year 1979
County of Bayfield.
State of Wisconsin
Dept. of Transportation
June 28, 1979
Bayfield County Clerk:
Estimated 1980 Allotment for State Trunk Highway System
You are hereby notified that the estimated allotment in the fiscal year ending June 30, 1980,
Lnder provision of Section 20.395(4gf) and 84.03(3), for expenditures on the State Trunk Highway
System in your county is $121,000.00.
By joint action of your county and the Highway Commission, such allotment has previously been
authorized to be advanced.
No further action is required with reference to such previously approved advance.
Sincerely,
Bert E: Moreloek, Director
Bureau of Accounting & Auditing
WPW: brs
cc: District Director #8
County Highway Commissioner
State of Wisconsin
Dept. of Transportation
June 29, 1979
TO THE CLERK OF : BAYFIELD COUNTY
SUBJECT: Estimated 1979-80 Transportation Aids
Dear County Clerk:
In acordance with Section 84.01(16) of the Statutes, we are required to notify you of the forth-
com h.q,.979-80 transportation,-, aids to be paid your county. This year we do not have an authorized
budget. So, this is truly an estimate which we will update when the 1979-80 biennial budget is
law.
The total aids for your county are estimated to be $436,800.
This estimate is based on the Assembly version of the budget which appropriates $103,549,400 for
formula aids, plus a sum sufficient amount for those counties on hold -harmless. This amount is
based on your l/l/79 mileage and will be divided in four quarterly payments.
517
In addition, the Assembly budget includes a one-time payment equal to 10% of -your formula plus
hold -harmless aids. A,lso_- a one-time payment for all rural collector and local roads computed
at $125 per mile. This payment will be made on March 15, 1980. This is a one-time payment for
1979-80 only.
If you have specific questions concerning this estimate, please feel welcomed to contact your
transportation district office or myself for clarification.
Sincerely yours,
Ted Stephenson, Acting Director
Bureau of Aids Analysis and Management
TES:mmg
Moved by Diamon, and seconded by Bromberg to receive the communications and place them on
file. Motion carried.
No. 6
Clerk Pajala next read the report of the Bayfield County Zoning Committee.
REPORT OF THE BAYFIELD COUNTY ZONING COMMITTEE
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 havina been given
as provided by law and being duly informed of the facts pertinent to the proposed changes, hereby
recommends that the petitions described as follows be approved:
Those parcels of land located in Sections Seven (7) and Eight (8), Township Forty -Seven (47)
North, Range Eight (8) West, described as follows:
(A) Lots 6, 7, 8, 9, 10, 15, 16, 17, and 32 of the Subdivision of the South-West One -Quarter.
(SW4), Section Seven (7), be changed from Residential-1 to Residential-4 Use.
(B) All that part of Sections Seven (7) and Eight (8) lying east of Lea Street (County
Highway A), south of Pine Street, and west of Heines Road, be changed from Residential-1 to
Residential-4 Use.
(C) Block 1 and the North -half (N2) of Block 8, Lumberman's Addition to Iron River be
changed from Residential-1 Use to Residential-4 Use.
(D) Parcel A and the west 300 feet of Parcel B, Northshore Additlo-n to Iron River be
changed from Residential-1 to Residential-4 Use.
(E) That Part of Section 7 lying north of Northern Pacific Railroad, east of the Iron River,
west of Lea Street, and south of Blocks 18, 19, and 20, Drummond Addition to Iron River, and
Block 1, Staples Addition to Iron River be changed from Residential-1 to Residential-4 Use.
(F) That part of Section Seven (7) lying north of the Northern Pacific Railroad, west of
Onieda Street (County Highway H), south of First Avenue, east of Lea Street, including Blocks
1, 2, 3, 4, 5, 6, 7, 10, 15, and 18 of Staples Addition to Iron River, Acme's First Addition
to Iron River, and Lots 1, 10, 11, and 20, Drummond Addition to Iron River be changed from
Residential-1 to Residential-4 Use.
August 7, 1979
(G) That part of Section Eight (8) lying north and west of North Shore Drive, east of front
street and Heines Road, and south of Parcels A and B, North Shore Addition to'Iron River, and the
North -half (Nz) of Lot 8, Lumberman's Addition to Iron River shall remain in Industrial Use.
(H) That part of Section Seven (7) lying south of the Northern Pacific Railroad, ---north of
Pine Street and the DSS and A railroad extended, east of Iron River Flowage and the Iron River,
and including Lot 11 of the Subdivision of the South-West One -Quarter (SW-4) shall be placed in
Commercial Use.
(I) That part of the West -half (W2) of Section Eight (8) lying south of the Northern Pacific
Railroad, north of Burt Street and Burt Street extended, and east of Onieda Street (County Highway
H11 shall be placed in Commercial Use.
(J) That Part of the North-West One -Quarter (NWµ) of the South -East One- Quarter (SEµ) ,
Section Eight (8) lying south of the Northern Pacific Railroad be changed from Residential-1 to
Commercial Use.
The South -half (S2) of the North-West One -Quarter (NWµ) , Section Thirty (30) , Township
Forty -Seven (47) North, Range Eight (8) West, be changed from Forestry-1 Use to Residential-1
Use.
The South -half 9Sz) of the North-East One -Quarter (NEµ), Section Thirty (30), Township
Forty -Seven (47) North, Range Eight (8) West, be changed from Forestry-1 Use to Residential-2
Use.
Date: August 7, 1979 Signed: Bayfield County Zoning Committee - Ed Renoos, Walter Barning-
ham, Russell McGillivray, Herbert Spears, Joel Bromberg,
James Stephenson
Moved by Renoos, seconded by Spears to received the report and place it on file.
Motion carried.
(.iThe following amendatory ordinance by the zoning committee was read: No. 7
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,
Those parcels of land located in Sections Seven (7) and .Eight (8) Township Forty -Seven (47)
North, Range Eight(8) West, Described as follows:
(A) Lots 6, 7, 8, 9, 10, 15, 16, 17, and 32 of the Subdivision of the South-West One -Quarter
(SWµ), Section Seven (7), is changed from Residential-1 Use to Residential-4 Use.
(B) All that part of Sections Seven (7) and Eight (8) lying east of Lea Street ( County
Highway A), south of Pine Street, and west of Heines Road, is changed from Residential-1 Use to
Residential-4 Use.
(C) Block 1 and the North -half (N2) of Block 8, Lumberman's Addition to Iron River is
changed from Residential-1 Use to Residential-4 Use.
August 7, 1979
(D) Parcel A and the west 300 feet of Parcel B, Northshore Addition-ito Iron River is
changed from Residential-1 Use to Residential-4 Use.
(E) That part of Section Seven (7) lying north of Northern Pacific Railroad, east of
the Iron River, west of Lea Street, and south of Blocks 18, 19, and 20, Drummond Addition to
Iron River, and Block 1, Staples Addition to Iron River is changed from Residential-1 Use to
Residential-4 Use.
(F) That part of Section Seven (7) lying_ north of the Northern Pacific Railroad, west
of Onieda Street (County Highway H), south of First Avenue, east of Lea Street, including
Blocks 1, 2, 3, 4, 5, 5, 7, 10, 15, 18 of Staples Addition to Iron River, Acme's First
Addition to Iron River, and Lots 1, 10, 11, and 20, Drummond Addition to Iron River, is
changed from Residential-1 Use to Residential-4 Use.
(G) That part of Section Eight (8) lying north and west of North Shore Drive, east of
front street and Heines Road, and south of Parcels A and B, North Shore Addition to Iron River,
and the North -halm= (N2) of Lot 8, Lumberman's Addition to Iron River shall remain in In-
dustrial Use.
(H) That part of Section Seven (7) lying south of the Northern Pacific Railroad, north
of Pine Street and the DSS and A railroad extended, east of Iron River Flowage and the Iron
River, and including Lot 11 of the Subdivisions of the South-West One -Quarter (SW�4-) is placed
in Commercial Use.
(I) That part of the West -half (W2) of Section Eight (8) lying south of the Northern
Pacific Railroad, north of Burt Street.and Burt Street extended, and east of Onieda Street
(County Highway H) is placed in Commercial Use.
(J) That part of the North-West One -Quarter (NW-4) of the South -East One -Quarter (SEµ) ,
Section Eight (8) lying south --of the Northern Pacific Railroad is changed from Residential-1
Use to Commercial Use.
The South -half '(92) of the North-West One=Quarter (NW-4) Section Thirty (30) , Township
Forty -Seven (47) North, Range Eight (8) West, is changed from Forestry-1 Use to Residential-1
Use.
The South -half (S2) of the North-East One -Quarter (NEµ) , Section Thirty (30) , Township
Forty -Seven (47) North, Range Eight (8) West, is changed from Forestry-1 Use to Residential-2
Use.
Date: August 7, 1979
Signed: Bayffield County Zoning Committee - Edwin Renoos, Walter Barningham, Russell McGillivary,
Herbert Spears, Joel Bromberg, and James Stephenson
Moved by Renoos, seconded by Bromberg to adopt the ordinance.
David Lee, Bayf field County Zoning Administrator, was asked to comment on said ordinance.
Lee presented to the board a map clarifying the ordinance.
Question was asked on the motion to adopt the ordinance.
Motion carried.
August 7, 1979
over,
The following resolution was read: No. 8
WHEREAS, There is presently in effect in Bayfield County a Zoning Ordinance, and,
WHEREAS, Fred Van Vlack, has constructed and maintains a storage facility located in the
South-West One -Quarter (SW-4) of the North-East One -Quarter (NEµ) , Section Thirty-five (35) ,
Township Forty-five (45) North, Range Five (5) West, Town of Barksdale, and
WHEREAS, Said structure was constructed contrary to the terms of Sections 2.01, and 3.01 (A),
of the Bayfield County Zoning Ordinance, and,
WHEREAS, Said Fred Van Vlack, refuses to initiate action to rectify this matter, and,
WHEREAS, The Bayfield County Zoning Committee recommends an action becommencedagainst
said Fred Van Vlack for the violation of the provisions of said ordinance and for such relief
as may be appropriate to secure compliance with said ordinance, and,
WHEREAS, Said ordinance requires County Board action before such relief is sought, now
therefore be it
RESOLVED, That the Zoning Committee recommends that the Bayfield County Board of Supervisors
authorizes the Bayfield County District Attorney -to commence such action as may be required to
secure compliance with the terms of said Zoning Ordinance.
Dated: August 7, 1979 Signed: Bayfield County Zoning Committee - Edwin Renoos, Walter
Barningham, James Stephenson, Herbert Spears, Russell McGillivray,
and Joel Bromberg
Question was asked on the motion to adopt the resolution:
Motion carried.
The following resolution was read: No. 9
WHEREAS, The DSayf Y&- ounty Forestry Department is engaged in numerous timber sale ;contract
with private and corporate individuals and;
WHEREAS, The funds derived from such contracts represent an equity gained by public invest-
ments and such funds are used to reduce the tax levy and;
WHEREAS, Despite every effort by the Forestry Department, some contracts become delinquent,
namely:
Ronald Bjork
Ed Brandis
Michael Hayes
Hayes & Desroisers
Harold Maki
Harold Maki
R & R Logging
Robert Truchon
Contract Number 1043A $ 219.35
Contract
Number
1307A
934.53
Contract
Number
1174A
287.20
Contract
Number
1163A
214.35
Contract
Number
1021A
265.55
Contract
Number
1063A
668.89
Contract
Number
1145A
138.66
Contract
Number
1172A
271.49
NOW THEREFORE BE IT RESOLVED, That the Bayfield County Board of Supervisors meeting this
7th day of August, 1979, do direct and authorize the Bayfield County District Attorney's
office to pursue the necessary legal means to satisfy the above mentioned contracts.
Recommended by Bayfield County Forestry Committee: Larry Seidel, Karl Ludzack, Arthur Hanson,
Walter Barning:1nam, Dale Maki, and Charles Diamon.
Moved by Hanson, seconded by Maki to adopt.
August-7, 1979
Ed Erickson raised the question as to why these timber payments were not made.
William Hepner, Bayfield County Forest Administrator, then addressed the board and answered
the question by explaining that the parties involved`.4ave been promising payment over a period
of two years but have never made that payment.
Question was asked on the motion to adopt the resolution;
Motion carried.
The following resolution was _read: No. 10
WHEREAS, The Wisconsin Legislature is considering a bill aimed at protecting Wisconsin's
wetland's, and,
WHEREAS, The bill in its present form allows restrictive orders to be placed on wetlands
by the Dept. of Natural Resources or any five citizens, not restrictive to the state of Wisconsin,
insuring that 2.5 million acres or more will be under such orders, and
WHEREAS, The bill allows for no local input and no local control, over the decisions of
the Dept. of Natural Resources regarding restrictive orders, and gives the Department complete
control of the final decisions, resulting in a vast increase in state government, particularly
the power of this agency, and a likely increase in state expenditures, and
WHEREAS, The bill provides for in-litu of property tax payments, on a declining basis, for
only ten years after restrictive orders are placed on land, creating the possibility of financial
hardships for towns, villages and cities with large areas of wetlands that are dependent upon
property tax revenues for the efficient operation of government, and
WHEREAS, An adequate definition of wetlands is not contained in the bill nor in state law,
creating the possibility that litigation and further legislative action may be necessary to im-
plement all the provisions of this bill, and
WHEREAS, The bill has the potential of placing a large percentage of county Forest Crop
lands under Department control and making it possible for the Department or any five people
to halt logging on these lands, not therefore be it . -
RESOLVED, That the Bayfield County Board go on record against AB 515 as currently written,
and hereby request that our legislators seek.revisions in the bill which would give -local
governments more input into the decisions and provide permanent in -lieu of property tax payments
for any lands placed under restrictive orders, as well as"a.more ad'squate definition of which
lands can be classified as wetlands, and be it further
RESOLVED, Thata copy of this resolution be sent to Assemblyman Mary Lou Munts, Chairman
of the Environmental Resources Committee.
Submitted by: Joel Bromberg
Moved by Bromberg, seconded by Spears to adopt the resolution.
Bromberg was then asked to comment on the resolution. He stated that he was in opposition
of AB--515. He also stated that the problem area of the bill was the vague definition of a
wetland. He also commented that the bill gave more power to the D.N.R. which he disagrees with.
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t 7, 1979
Dave Kedrowski,-Assemblyman for the State of Wisconsin, Then addressed the board asking
the board that they channel the resolution through one of the committees to have them do
further study on it. He also asked that instead of opposing the bill the committEe decide
exactly how to preserve the wetlands.
Bromberg again took the floor and stated that the intent of the resolution was to let the
Environmental Resources Committee know that the Board is not in favor of the bill as it now
stands. He also stated that he would be very happy to work with a committee if they were
willing to listen.
Art Hanson then asked David Kedrowski what'was considered a wetland.
Kedrowski said a wetland is hard to define but as it stands now a wetland is an area
where water is at, or within 18 inches.of the surface for a good portion of the year.
Moved by Maki, seconded by Seidel that the matter be referred to the Forestry and Conser-
vation Committee for futher study and to have Joel Bromberg attend the meeting and that the
committee would have the information ready by August 29, 1979.
Seidel then added that the Board is arguing a statewide problem without statewide
knowledge.
The question was asked on the motion to have the wetlands matter be referred to the
Forestry and Conservation Committee for further study.
A roll call vote was taken with the following results: No. 10a
Ayes - Erickson, Barningham, Bromberg, Maki, McGillivray, Seidel, Stephenson, Diamon,
r
Hanson, Ludzack,_ and Renoos
Nayes— Spears, Johnson, Anderson, and Sellung
Absent - Meierotto, Strom, and Rave
AYES 11
NAYES - 4
ABSENT - 3
TOTAL 18
Motion Carried.
The following resolution and ordinance were read: Nos. 11 & 12
WHEREAS, The County of Bayfield owns many acres of land which are under easements to
others for roadways, poWerlines, telephone lines and pipelines and which easements cross county
lands which are enjoyed by members of the public for their scenic, recreational and wild food
producing characteristics, and
WHEREAS, The County of Bayfield is actively engaged in soil erosion control and herbicides,
used ofteni, destroy soil holding plants and
WHEREAS, The County of Bayfield has been and continues to be engaged. in a roadside seeding
project with the United States Soil Conservation Service, the purpose of which the seeding pro-
ject is to prevent soil erosion and which the said project often involves lands which are under
the above described easements, and
WHEREAS, The spraying of herbicides can be a fire hazard and
WHEREAS, The spraying of herbicides could possibly be a health hazard to the public
which uses public land for recreational enjoyment, and
WHEREAS, Because of the public use and enjoyment of lands under said easements, the County
of Bayfield determines that the spraying or use of any form of chemical herbicides on said
979
easements is in conflict with good soil erosion endeavors as well as goes against good land
management for the good of general public, now therefore be it
RESOLVED, That the County of Bayfield prohibits the use of herbicides in any form
on roadways, power lines, telephone:lines, pipelines and other easements granted by -the County
of Bayfield and that any person in violation shall forfeit not less than $100 and not more
than $500 for each violation, and be it further
RESOLVED, That the County of Bayfield herewith adopts Ordinance No. 12, which is attached
hereto.
Submitted by: Joel Bromberg
ORDINANCE NO. 12
The County of Bayfield;d oes ordain and enact as follows: It shall be unlawful for any
person to use chemical herbicides on any roadways, power lines, telephone lines, pipelines or
other easements granted concerning spraying of herbicides in county easements by the County of
Bayfield.
That any person violating this ordinance shall forfeit not less than $100 and not more
than $500 for each day of violation.
--This ordinance shall be come effective upon approval of the Bayfield County Board of
Supervisors in session on August 7, 1979. This ordinance shall be enforced by the Bayfield
County Sheriff's Department and the Bayfield County District Attorney.
Submitted by: Joel Bromberg Signed by: Ed Renoos, Ed Erickson, and Art Hanson
Moved by Bromberg to adopt the resolution.
Motion died for lack of a second.
McGillivray then stated that ;ae would like to see this resolution go to a special committee
for further study.
Moved by McGillivray, seconded by Bromberg that the Agricultural Committee make a study
of the spraying and other chemical treatment programs being used in Bayfield County and their
harm to the environment.
John Musso, Administrator, Environmental Affairs, Lake Superior District Power Company,
than addressed the board asking asking how many times will this same resolution come before
the board. He stated that the same matter had been discussed several times in the past and he
was wondering how many more times similiar resolutions would come before the board.
Oscar Lahti next addressed the board explaining that the Bayfield Electric has discontinued
spraying and has sold their equipment and the only chemicals they use are pellets which are
spread immediately underneath the power lines. He stated that although the pellets actually
hinder growth of brush they promote grass growth.
Question was asked on the motion to refer the matter to the Agricultural Committee for
further study.
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A roll call vote was taken with the following results: 12a
Ayes - Barningham, Bromberg, Maki, McGillivray, Spears, Johnson
Nayes - Erickson, Seidel, Stephenson, Diamon,Hanson, Anderson, Sellung, Ludzack, and Renoos
Abs8nt- Meierotto, Strom, and Rave
AYES - 6
NAYES - 9
ABSENT - 3
TOTAL 18
Motion lost
The following resolution was read: No. 13
WHEREAS, Chapters 23 and 350 of the Wisconsin Statutes provided that funds may -be made
available to counties for the purpose of acquistion of easements for snowmobile trails and the
development and maintenance of said trails based on certain guidelines set forth by the Depart-
ment of Natural Resources, a copy of said guidelines for the procurement -of ---said snowmobile
aids now being on file in the office of the Bayfield County Clerk, and
WHEREAS, Bayfield County has submitted to said Department of Natural Resources a comprehen-
sive County plan for the acquistion of easements for snowmobile trails and the constructi.on.and
operation of said trails, and
WHEREAS, There is presently a bookkeeping and accounting system to maintain the necessary
records by Bayfield County in the participation of said program of'providing snowmobile trails
within the County, and
WHEREAS, It will become necessary from time to time to up -date said comprehensive County
program for snowmobile trails and to make application to the Department of Natural Resources from
time to time for aids under the. -provisions of the aforesaid Statutes, now therefore be it
RESOLVED, That Bayfield County shall continue to participate in said snowmobile trails
program under the provisions of said Statutes and the guidelines established by the Department
of Natural Resources and such participation shall continue as long as State aids are available
or until this resolution is modified by the Board of Supervisors of Bayfield County, and be
it further
RESOLVED, That the Conservation Committee of the Bayfield County Board of Supervisors be
and it is hereby designated as the Committee in charge of said program and to aat as liaison
between Bayfield County and the Department of Natural Resources in carrying out said program,
and be it further
RESOLVED, That said Conservation Committee be and it is hereby authorized and directed to
up -date said comprehensive snowmobile trails plan previously submitted or to_ -make and submit any
plans to said Department as may be required, including provisions for the acquisition of easements
for the construction, maintenance,operation and policing of said snowmobile trails in compliance'
with the aforesaid guidelines as established by said -Department of Natural Resources, and be
it further
RESOLVED, That -.said Conservation Committee shall have and is hereby delegated full author-
ity to make application to said Departments of Natural Resources for financial aids to carry out
525
August 7, 1979
the aforesaid program and to do all such other acts as may be required to carry out the intents
and purposes of this Resolution.
Signed: Karl Ludzack, Walter Barningham, Charles Diamon, Art Hanson, and Dale Maki
Moved by Diamon, seconded by Maki to adopt the resolution.
Timothy Smith, Bayfield County Recreation Director was introduced to the Board at this tim=_.
Renoos then raised the question as to how the word "policing" was used in the resolution.
Seidel answered that "policing" really referred to maintenance of the trails rather than
law enforcement.
Moved by Renoos, seconded by Spears to amend the resolution by striking the word "policing"
and add the word "and" between the words "maintenance" and "operation" in the 7th paragraph.
Motion carried.
Question was asked, -on the motion to adopt the resolution as amended. Motion carried.
The following resolution was read: No. 14
WHEREAS, The Bayfield County Board of Supervisors has appointed a new Snowmobile Trail
Coordinator to act on their behalf in the best interest of Bayfield County in promoting snow-
mobiling and recreation within the County, and
WHEREAS, The County Board of Supervisors has gone on record as agreeing to participate in
the Trail Aids Program and have a policy to encourage proper maintenance and development of
snowmobile trails with the County owned 1979 Tucker Sno Cat Groomer, and
WHEREAS, It is the responsibility of the Snowmobile Coordinator to Inspect the County snow -
groomer and snowmobile trails to determine if the snowgroomer and trails are receiving proper
care, maintenance, and repairs, and
WHEREAS, The winters in Bayfield County do not permit an individual the opportunity to walk
the many miles of snowmobile trails to participate in the establishment -of necessary new trails,
required upgrading of existing trails, and assistance in unforeseen situations in thes-e-remote
areas, which are necessary functions of the Snowmobile Coordinator, and
WHEREAS, The previous Snowmobile Coordinator saw fit to use his personal snowmobile in con-
junction with renting additional equipment, at County expense, to perform these duties --the new
Coordinator does not own this equipment and is therefore unable to cover the many miles of County
snowmobile trails, and now therefore be it
RESOLVED, That the Bayfield County Board of Supervisors, in session on this 7th day of August,
1979, does authorize the Bayfield County Conservation Committee, to advertise at this time because
of the approaching snow season, for bids and to purchase a snowmobile to enable the County to
accomplish these goals, and be it further
RESOLVED, That funds not to exceed $1,600.00 be transferred from the contingency fund to the
Conservation Outlay Account to purchase said snowmobile.
Dated this 7th day of August, 1979.
Conservation Committee: Larry Seidel, Karl Ludzack, Dale Maki, Charles Diamon, and Art Hanson
August 7, 1979
Moved by Bromberg, and seconded by Diamon to adopt the resolution. -
Johnson stated that this matter should be delayed because the purchase of a snowmobile
is a budget item and should be discussed at budget time.
Stephenson then suggested that the Sheriff's Department and the Recreation Director share
the same snowmobile.
Tim Smith, Bayfield County Recreation Director, then explained that there would be too many
conflicts with the sharing of a snowmobile.
Spears then suggested that the county rent a snowmobile for the winter months.
The question was asked on the motion to adopt the resolution to purchase a new snowmobile.
A roll call vote was taken with the following results: 14a
Ayes - Barningham, Bromberg, Maki, McGillivray, Seidel, Diamon and Ludzack
Nayes - Erickson, Spears, Johnson, Stephenson, Hanson, Anderson, Sellung and Renoos
Absent - Meierotto, Strom, and Rave.
AYES
- 7
NAYES
- 8
ABSENT
- 3
TOTAL
18
Motion Lost
No. 15
Moved by Johnson, and seconded by Bromberg to adjourn for lunch. Motion carried.
The meeting was called to order at 2 PM by Barningham with the following members answering
roll call: No. 16.
Present - Erickson, Barningham, Bromberg, Maki, McGillivray, Seidel, Spears, Johnson,
Stephenson, Diamon, Anderson, Sellung, Ludzack, and Renoos.
Absent - Meierotto, Strom, Rave, and.Hanson
PRESENT - 14
ABSENT - 4
TOTAL 18
The following resolution was read: No. 17
WHEREAS, The North Central Division of the U.S. Corps of Engineers has conducted a Resource
Realignment study of the North Central area of the Corps which includes all of Bayfield County and
WHEREAS, As a result of said study certain recommendations have been made.which would
adversely affect Bayfield County and
WHEREAS, Presently all of Bayfield County is in the St. Paul District and
WHEREAS, Among other changes the recommendation is to disestablish the Chicago office of
l�c..L��•k� ,?tit.•-P,a ':
Corps and transfer to the Detroit office the lake -oriented work of the St. Paul District and
WHEREAS, The Mississippi watershed would remain in the St. Paul District and
WHEREAS, The lake -oriented area of Bayfield County covers the greater part of Bayfield
August 7, 1979
County, the only part to remain in the St. Paul District being the portion in the extreme
southern part of the county, south of the watershed and
WHEREAS, The proposed change would also provide that the Duluth Support base now serviced
out of St. Paul would be serviced out of Detroit resulting in less efficiency and reduced
service and
WHEREAS, Dividing the county would appear to result in decreased service and more confusion,
now therefore be it
RESOLVED, That the Bayfield County Board in session this 7th day of August, 1979, go on
record opposing the proposed realignment of the'North Central Division of the U.S. Corps of
Engineers and be it further
RESOLVED, That copies of this resolution be sent to Lieutenant General John Morris, Chief
of Engineers, Department of the Army; Senators Nelson and Proxmire; Congressman Obey and
Governor Lee S. Dreyfus.
EXECUTIVE COMMITTEE
Wallace Johnson, James Stephenson, Larry Seidel, Ed Renoos, and Ed Erickson
Moved by Seidel and seconded by Johnson to adopt the resolution.
Art Hanson arrived at this time.
Bob Stenfors.from the Corps of Engineers then addressed the board to clarify the resolution.
He stated that the resolution was initially proposed to create efficiency in the corps but
following a study of the plan he is of the opin(ion that the realignment will not produce eff icieneN
The question was asked on.,the motion to adopt. the resolution. Motion carried,
No. 18
Sandy Polinski from Congressman Obey's office next addressed the board. Her chief purpose
of coming before the board was for introductory reasons and to let the board know who to contact
if they had any questions. Ms. Polinski stated that she was not prepared to discuss legislative
matters but her role was primarily to discuss federal grants. Several questions were asked
by board members which were answered by Polinski.
1k10 The following resolution was.read: No. 19
tom G•lt-u r' c: s.'; �.
WHEREAS, The Bayfield School District wishes to expand and improve a ballpark now being
used by the school and
WHEREAS, Said improvements would require the use of certain county owned lands in the City
of Bayfield and
WHEREAS, The City of Bayfield has requested that Bayfield County trade certain city owned
lands for certain county owned lands that are necessary for the school to acquire in order to
expand and -improve their ballpark, and
WHEREAS, The Executive Committee has discussed this matter several times with the City of
Bayfield and Bayfield School District officials and
WHEREAS, The city has now offered to trade Lots 2, 4, 6-, 8; 10, and 12-20 all in Block 35,
City of Bayfield for Lot 1-Block 10 and-Lots-1-20 in Block 11 and
WHEREAS, Bayfield County owns all of the Lots in Block 35 other than those lots now owned by
the City of Bayfield and
August 7, 1979
WHEREAS, It is the opinion of the Executive Committee of the County Board that the proposed
trade would be mutually benef iciaf to the City of Bayfield and Bayfield County, now therefore
be it
RESOLVED, That the Bayfield County Clerk is hereby authorized and instructed to issue to the,
City of Bayfield a quit claim deed covering Lot 1 Block 10 and Lots 1-20 Block 11, all in the City
of Bayfield, said quit claim deed being issued to the City of Bayfield in return for a quit
claim deed from the City of Bayfield to Bayfield County covering Lots 2, 4, 6, 8, 10, and 12-20
all in Block 35, City of Bayfield.
EXECUTIVE COMMITTEE
Wallace Johnson, James Stephenson, Larry Seidel, Ed Renoos, Ed Erickson, Walter Barningham'
Moved by Renoos, seconded by Spears to adopt -the resolution.
Lawrence Wachsmuth, Mayor, City of Bayfield, then presented maps to the County Board as
to the particular areas involved in the proposed trade.
The question was asked on the motion to adopt the resolution.
Motion carried.
The following resolution was read: No 20
WHEREAS, The hourly rate for home nursing registered nurses and L.P.N.'s for this geograph-
ical area are from .39 to 1.25 per hour lower -than hourly -rates for other area nurses, and
WHEREAS, This is an unfair situation for those receiving this less amount, now therefore
be it
RESOLVED, That the home nursing registered nurses and L.P.N.'s hourly rate be the same as
the other County registered nurses hourly rate.
Submitted by: Joel E. Bromberg
Moved by Bromberg, seconded by Seidel to adopt the resolution.
Anderson stated that salary discussions come up once a year and that is when this matter
should be taken care of.
Carol De'eth then asked if she could address the board. Deeth stated that,a.lthough the
nurses at the rest home and the nurses at the court house are both county employees and do the
same job; the rest home nurses are paid more.
Ed Renoos explained this stating that the nurses at the rest home work shift work, and
the nurses at the court house work straight days.
Stephenson also brought up the fact :that the rest home nurses ;do not get travel time or
mileage while traveling to work while the home health nurses pay and mileage begins when they
leave home.
Seidel then questioned Deeth if Bayfield County has difficulty keeping home nurses. Deeth
stated that there is no problem at this time but she does foresee it in the future.
August 7, 1979
The question was asked on the motion to adopt the resolution.
A roll call vote was taken with the following results: No. 20a
Ayes - Bromberg
Nayes - Erickson, Barningham, Maki, McGillivray, Seidel, Spears, Johnson, Stephenson, Diamon,
Hanson, Anderson, Sellung, Ludzack, Renoos
Absent - Meierotto, Strom, Rave
AYES - 1
NAYES -14
ABSENT - 3
TOTAL 18
Motion Lost,.
The following resolution was read: No. 21
l
WHEREAS, The price of gas has increased by a large amount in.the last couple of months, and
WHEREAS, With the economy in its present condition has caused automobile insurance, car
repair bills and the price of a new atito'to increase at an alarming rate., and
WHEREAS, An outdated report by the American Automobile Association shows that to operate
a midsize car per mile you pay 21�, and
WHEREAS,_County employees that use their car for county,business are lowering the value
of their auto due to the poor highways in northern Wisconsin, now therefore be it
RESOLVED, That effective TA?ednesday, August 8th, 1979, Bayfield County reimburse 20� per
mile for automobiles used for county business.
Submitted by: Joel Bromberg
Moved by Bromberg to adopt the resolution.
Motion died for lack of a second.
No. 22
Clerk Pajala next brought to the attention of the board the Equalization Committee Meeting.
He asked that the board decide as to if the full board should meet or just the Executive
Committee.
Renoos slated that only the Executive Committee need meet on this matter.
Bromberg opposed stating that it is very important that the full board should be present
to question the figures to understand them.
Moved by Bromberg, seconded by Johnson to meet with the full board at 1:30 PM on August 29.
530
August 7, 1979
Qt '/
1��
Renoos.
A roll call vote was taken on the matter with the following results: No. 22a
Ayes - Erickson, Barningham, Bromberg, Johnson, Ludzack.
Nayes - Maki, McGillivray, Seidel, Spears, Stephenson, Diamon, Hanson, Anderson, Sellung
Absent - Meierotto, Strom, and Rave.
AYES - 5
NAYES -10
ABSENT - 3
TOTAL .I8
Motion Los t%.
Moved by Renoos, seconded by Erickson that the Executive Committee meet with the state
for the Equalization Meeting.
Motion carried.
The following resolution was read: No. 23
WHEREAS, The Personnel Committee of the Bayfield County Board did on July 25, 1978, estab-
lish a position of a Special Investigator for the Sheriff's Department and
WHEREAS, The Bayfield County Board has previously established the position of a lieutenant
for the Sheriff's Department and
WHEREAS, The Sheriff has now recommended to the Sheriff's Committee that the positions of
lieutenant and special investigator be abolished and that two new positions titled Sergeant -In-
vestigator be estd)l'tshed and
WHEREAS, The Personnel Committee is of the opinion that such action is(in the best interest
of Bayfield County, now therefore be it
RESOLVED, That the positions of lieutenant and special investigator in the Sheriff's Depart-
ment be abolished and two new positions titled Sergeant -Investigator be established and be it
further
RESOLVED, That the salary for the two positions of Sergeant -Investigator be set at $40.00
per month over the salary of the county deputy salary as provided for in the current deputies labor
agreement for the positions of sergeant -investigator.
PERSONNEL COMMITTEE
James Stephenson, Karl Ludzack, Carl Anderson, Wayne Sellung r
Moved by Stephenson, seconded by Ludzack to adopt_ the resolution.
Ralph Neff, Chief Deputy, Bayfield County Sheriff's Department, further explained the
positions of sergeant -investigator and the qualifications of the job.
The questions was asked on the motion to adopt the resolution.
Motion carried.
August 7, 1979
7
No. 24
Clerk Pajala next discussed the Assessor s Training Session held recef.tly. He raised
the question to the board if the county should pay the assessors. The cost would come to
$900 per -diem plus $259.76 for mileage.
Anderson felt the county should assume the responsibility of paying the assessors.
McGillivray disagreed stating the county had no obligation whatsoever to .pay them because
the county did not hire them.
Renoos suggested that the matter be referred to either a committee or the D.A. to see if
the county is liable to make payment for the training session.
Moved by Renoos, seconded by Maki to;refer the matter to the Executive Committee and
if determined that it is the liability of the county to pay for -the training session, the
county pay the assessors. Motion carried.
The following resolution was read: No. 25
WHEREAS, Bayfield County is constructing a new county nursing home and
WHEREAS, It is the intent of Bayfield County to lease the facility to the Bayfield County
Memorial Hospital, Inc. a non -stock, nonprofit corporation under the laws of Wisconsin and
WHEREAS, The Executive Committee of the Bayfield County Board and the Board of Trustees
together with the administrator of the Bayfield County Memorial Hospital, Inc. have negotiated
a lease that is satisfactory to both Bayfield County and Bayfield County Memorial Hospital, Inc.;
a copy of said lease being attached to and a part of this resolution, now therefore --be it
RESOLVED, That the County Board in session this 7th day of August, 1979, approve of the
proposed lease in its entirety and authorize the County Clerk and the Chairman of the County
Board to execute said lease on behalf of Bayfield County.
EXECUTIVE COMMITTEE
Wallace Johnson, James Stephenson, Larry Seidel, Edwin Erickson, Edwin Renoos.
I LEASE AGREEMENT
THIS AGREEMENT, made and executed as of the .: day of
, 197913 by and
between the County of ,Bayfield, a•.. political subdivision of the State of Wisconsin, Lessor, and
BAYFIELD COUNTY MEMORIAL HOSPITAL, INC., a non -stock, nonprofit corporation under the laws
of Wisconsin, Lessee, WITNESSETH:
1. The Lessor, in consideration of the rents herein reserved and the covenants and agree-
ments herein contained to be paid, kept and performed by the Lessee, does hereby demise and
lease unto the Lesses and the Lessee,does hereby take and lease from the Lessor, the following
described premises now owned by the Lessor, situated within the City of Washburn, Bayfield County,
Wisconsin; The West One-half of the South One-half of the Southwest Quarter of the Northwest
Quarter (W2 S2 SW-4 NWµ) , Section Thirty-three (33) , Township Forty-nine (49) ,,North, Range
Four (4) West, together with the.nursing home building and all other buildings, imps- vements,
equipment and other property now, or hereafter situated on said premises,, to have and to hold the
0
t 7. 1979 -
same for the term herein specified, unless sooner terminated as herein provided.
2. It is hereby recited and acknowledged by the parties hereto as follows:
2.01. The Lessor now owns said premises and has caused plans and specifications to be prepay
and has entered into contracts for the construction of said nursing home building, to the end
that said nursing home may be completed and operated as a public home for the care of the
indigent and the aged, open on equal terms to all residents of the County. Said plans and spec-
ifications and contracts are now on file in the office of the Lessor's County Clerk and the
Lessee's Secretary. The Lessor agrees to complete said nursing home as promptly hereafter as is
reasonably possible in accordance with said plans and specifications, free and clear of mechanic
liens and the claims thereof.
2.-02. The Lessor has by its Resolution No. 9, dated June 21, 1978, authorized the issuance
and sale of its nursing home bonds to be dated as of July 1, 1978 (hereinafter, together with
any bonds of the County issued for the purpose of financing imp roc'ements or additions to the
nursing home building, referred to as the Bonds), to pay part of the cost of the establishment
and completion of the nursing home, which Resolution is now on file in the office of the Bayfield
County Clerk.
2.03. The costs incurred and estimated to be incurred in the establishment and completion
of the nursing home, and the funds estimated to be received and the sources of said funds to pay
these costs, are as follows:
COSTS
Construction, including architect fee, bond
counsel, et. $2,3075,000.00
Equipment 100,000.00
$2;175,000.00
FUNDS
Proceeds from Bond Issue $19825,000.00
Additional funds to be borrowed by Lessor
hereinafter "the $250,000.00 loan") 250,000.00
Interest on proceeds from Bond Issue 100,000.00
$2217S 000.*00
2.04. The Lessor agrees that it will use.said funds to pay said costs.
2.05.- The Lessee agrees that if costs exceed $2,175,000.00, it will pay such excess costs
up to the amount of $100,000.00.
3. The Lessee shall and hereby agrees.to use and occupy the leased buildings and premises,
and to operate the same -in a good and -businesslike manner, as a public nursing home, open on
�1 equal terms to all during the entire term of this lease agreement.
4. The Lessee covenants and agrees that it 'will :pay, as rental for said building and
premises, the following amounts by the following times:
EL) By March 1, 1980, a sum equal to the interst to become due on the out-
standing -bonds on April 1,.-1980, plus'the interest on :the $250,000,00 loan which shall have become
due on or before April 1, 1980.
b) By the lst day of each month, commencing April 1, 1980, and continuing
until paragraph 4 c takes effect, a sum equal to one -sixth of the interest due on the outstanding
bonds in the next six -months, plus one --sixth of the principal and interest due on the $250,000.00
loan in the next six months, plus one -twelfth of the principal due on the outstanding bonds in
-the next twelve months. In the event that'the rental so paid'is at any time insufficient to pay
the principal and interest on the bonds and the $250,000.00 loan when due, the Lessee shall
immediately pay to the Lessor an amount equal to such insufficiency. If any of said bonds are
retired and paid for by Lessor in advance of their maturity dates with funds other than funds
provided by the Lessee for such purpose, then the interest and principal which would have been
August 7. 1979
due on such bonds if they had not been so retired shall be included in the rental calculation
described -:above. If any of said bonds are retired and paid for in advance of their maturity
dates with funds provided by the Lessee for such purpose, then.the interest and .principal which
would have been due on such bonds if they had not -been so retired shall not be included in
the rental calculation described above. Similarly, if.part o:r all of the.$250,000.00.loan is
.1 1 paid by.the Lessor in advance of its due date, with funds other than funds provided by the
, . I I Lessee for such purpose, then the principal and interest which would have been due on such
portion of'the loan if it had not been so paid shall be included in the.rental calculation
,described above. If part or all of the $250,000.00 loan is paid in advance of its due date with
funds provided by Lessee for such purpose, then the principal and interest which would have
been due on such portion of the loan if it had.not been so paid shall not be included in the
rental calculation described.above.,
c) At such, time as all of the bonds have been paid for and retired.and.the $250,000
loan has been repaid, algid the Lessee, through the rental payments described above, has fully
reimbursed the Lessor therfoxe,the sum of one dollar per.month for the remainder of the term
of this lease agreement, payable on the first day of each month.
5. The Lessee agrees that it will pay as incurred all costs of the operation and maintenance
of said buildings and premises, which costs are hereby defined to include, without.limitation,
adequate janitorial service, heat, ,light, water, sewage and other utility. services, the cost
of insurance herein required to be maintained, prorated monthly, the cost of accounting and
audits herein required, the reasonable and customary charges of paying agents designated for
the bonds, the removal of ice and snow and other obstructions from the roof and sidewalks,
sanitary upkeep of the buildings and grounds, salaries of nursing home personnel, and expendable
supplies required for administration.and,maintenance, and will provide all -working capital
required for such operation.
6. The Lessee agrees to pay, before penalty attaches, all taxes, special assessments, fees
or other, charges of whatsoever nature levied, assessor or imposed by Federal, State or local
authorities on the leased premises, including any improvements now or hereafter erected thereon,
which are due and payable during the terms of this lease agreement.
7. The Lessee agrees that it will keep the building and premises and equipment, plumbing,
drains, fixtures, appliances and machinery in, and upon serving or appurtenant.to the.same in
good repair and -in good sanitary condition during the term of this agreement, ordinary wear_,and
tear excepted, including repairs of structural defects inside or outside of the building, and
will replace promptly any and all glass broken in.or upon the building and premises, and will
I make no alterations in or additions to the,building, and .will not. use or permit. anything in or
upon the building or premises that will be dangerous. to life..or limb, and will not in any manner
deface or injure or permit any person .to deface or injure the building or premises or.any part
thereof, and will not -overload the floors or do or permit anything to be.done withi.n.or upon the
building or premises and the alleys, sidewalks and streets adjacent thereto that..will amount
to or create a nuisance, and,:will not. use-. the. building.or premises or permit the. same to be used
for any purpose contrary to the laws, ordinances and regulations of the,United States of America,
the State of. Wisconsin, or the County. of. Bayfield. . .
.8. The Lessee further. covenants and agrees that it —will keep the leased building and premise
at all times insured against loss or damage by fire, tornado and all other extended coverage
risks, and such other risks as the Lessor shall, from time to.time, reasonably require, which
insurance shall be payable to the Lessor and the Lessee as theirrespective interests may
appear; and will also procure and maintain at.all timespublic liability insurance; insuring
the Lessee and the Lessor against loss or'damage sustained by any person or persons in or upon
the building and the premises due to the happening of any incident or due to any act of
negligence of the Lessee or Lessor or any user of said building or premises, or from the use
or misuse of any instrumentality or agency in or connected therewith, or occasioned by any
nuisance made or suffered to exist in or upon the building or premises`; including insurance
against liability for malpractice on the part of physicians or other medical personnel. Each
policy of insurance against loss'or'damage by fire, tornado and all.other extended coverage
risks shall be in -an amount equal to the full replacement value of the leased building and
premises, if procurable, and in no event, less than the principal amount of the bonds which are
from time to time outstanding. All other policies of insurance carried by the Lessee under
the provisions of this'Section 8 shall be in'such amounts as the Lessor may, from time to time,
require. Each policy of insurance carried by the Lessee under the p rcvisions of this Section 8
shall be carried in companies and shall be insuch form and substances as the Lessor shall, from
time to time, require. In the'event that during the term of this agreement the -building or any
improvements -therein shall be injured or'destroyed by fire or the elements or through- any other
cause which renders the building unfit -for occupancy or which makes -it impossible to use the
same -for nursing -home purposes, and of such extent that "it cannot be restored within six (6)
months from the happening of such injury to substantially the condition existing prior thereto,
the Lessor may at -its option'terminate'this agreement and apply the proceeds from the insurance
to the payment of its then outstanding Bonds. To terminate -this agreement pursuant to the
provisions of the foregoing sentence, the Lessor must give written notice to the Lessee of its
election to terminate this agreement not later than sixty (60) days from the happening of
such injury or destruction.- If, during the, term of this agreement; the building or any improve-
ments therein are injured'or destroyed by fire or the elements and this agreement is not
thereby terminated, the Lessor shall, at its'expense, restore the premises to as near the eon-
dition which existed immediately prior to such injury or destruction as is reasonably possible,
and in such event there shall be no abatement of rent hereunder'except to the extent the Lessor
receives proceeds of use and occupancy insurance. In any event, all proceeds of insurance
resulting -from fire or other casualties to the leased premises shall be paid to, and be the
property of, the Lessor.
9, The Lessee further.covenants and agrees that it will cause proper books and records of
account to be kept, reflecting all of its receipts and disbursements pertaining to the operation,
maintenance and administration of the nursing home. It will also prepare and furnish operating
statements'at monthly or other periodic intervals as requested by the Lessor. It will also
cause --said bookd and records to be audited annually by an independent certified public accountant.
Each audit shall be completed not less then ninety (90) days after the close of the fiscal
year for which it is made; and copies of the report, thereof -shall be filed with the Lessor's
County Clerk. The report -shall contain the following information:
a) A statement in detail of the income and expenditures of funds pertaining to
the nursing home for each -fiscal year, separating and identifying capital expenditures and oper-
ating expenditures.
b) A balance sheet as of the end of such fiscal year.
c) A determination that the audit shows full compliance with the provisions of
PA
this agreement during -the year covered thereby, including proper segregation of capital expen-
ditures from operating expenses, maintenance of the required operating capital, and transmittal
535
of the rentals due during such year in the amounts and in the manner herein specified.
d) If the audit should reveal any non-compliance with the provisions of this
agreement, the report thereof shall include a full explanation, together with the accountant's
recommendation for such change in the rates or -charges for nursing home service or in accounting
practices or in the operation of the nursing home as may be required.
e) A list of the insurance policies in force at the end of the fiscal year, giving
the amount of each policy, the risks covered thereby,, the name of the insurer and the expiration
date.
f) The days of occupancy of the nursing home beds and the quantities of each other
category of nursing home service furnished during such year.
g) The rates and charges in effect during such year for nursing home beds and for
each category of nursing home service.
10. The Lessee further covenants and agrees that it will establish reasonable rates and
charges for all rooms, board, care and auxiliary service furnished by the nursing home and will
do all things necessary,to collect the same promptly as the service is rendered, -in amounts such
that the gross revenues derived thlerefrom.will be sufficient at all times to pay promptly as
incurred all expenses of the operation -of the nursing home, and to provide net revenues sufficient
to pay the rentals specified in Section 4 of this agreement; that it will deposit all such
revenues, promptly as received, in a special deposit account,' separate from all -other funds of
the Lessee, with the Washburn State Bank, or with such other bank-as,may be desighuted-by the
Lessee with the written approval of the Lessor, which -approval shall not be unreasonably withheld;
and that it will use all such revenues for the sole purpose of paying expenses'which under accepted
accounting practices are normal, reasonable, and current -costs of operation and maintenance of the
nursing home, and of paying said rentals, except as expressly. provided .in Section 11. hereof.
ll.... The Lessee further covenants and agrees that. all. revenues. r.e.c.eiv.ed. by, -it. from time
to time, from the operation of the .nursing home,..in excess, of, .the - current.- co.s.ts .and..rentals describ
in Section 10, will be used solely for the purpose of paying the cost of replacement, repair,
improvement.,. equipment and furnishing of the nursing home. . ... ... .......... ... ....
12. The Lessee further covenants and agrees that it will employ at all times in the
management of.the nursing home a competent professional nursing home administrator.
13. In the event that said building or premises or any part thereof shall be taken for
other public use during the term of this agreement, the Lessor may, at its option, terminate this
agreement, and apply the award, if any, resulting from such taking to the payment of its then
outstanding bonds. To terminate this agreement pursuant to the provisions of the foregoing
sentence, the Lessor must give written notice to:the'Lessee of its election to terminate this
agreement not later than sixty (60) days from the date such other public use of the premises is
commenced. If, during the term of this agreement the building or any improvements thereon are
so taken and this agreement is not thereby terminated, the Lessor. shall, at its expense, restore
the premises -to as near the condition which existed ,-7.mmediately prior to such taking as is
reasonably possible, and in such event there shall be no abatement of rent hereunder. In any
event the entire award, if any, shall be paid to, and be the -)property of, the Lessor.
14. In. the event of any default on the part of - the Lessee in the payment of any item of
rent.her.eunder when due, or in the performance of any other .covenant or agreement herein contained,
and in the event such default shall continue for a period of thirty (30) days after the -due date
of any such payment, or thirty (30) days after the filing by the Lessor with the Lessee of
written notice of default in the performance of any other covenant or agreement, the Lessor
536
August 7, 1979
shall have the right at its option to terminate this agreement and to take possession of said
building and premises, and to enter on and expel the Lessee therefrom. It is understood and agre
that in such event the Lessor will be obligated to keep said building adequately insured and
maintained for so long as the lease agreement between the Lessor and Lessee dated August 14, 1969,
pertaining to the use of the adjoining building as a hospital remains in effect.
15. This agreement and the rights of the Lessee thereunder shall not be assigned nor
sublet, either in whole or in part, by the Lessee without the prior written approval of the
Lessor.
16. Any notice herein required or permitted to be given shall be deemed given if and
when mailed in a sealed envelope by United States registered or certified mail, postage prepaid,
addressed as follows:
If to the Lessor, to : Bayfield County Clerk
Washburn, WI 54891
.If t�o-the Lessee, to : President
Bayfield County Memorial Hospital, Inc.
Washburn, Wh 54891
Either party hereto may change the address to which notices are to be -served upon it by giving
:to theother party -hereto not less than thirty (30) days'.advance-written notice thereof.
17. The Security Agreement attached hereto as Exhibit "A" is made a part of this lease
agreement with the same effect.as though fully set forth herein..
18. The term of this lease agreement shall be for a period, of time running. from the date
of its execution to April:l, 2001.
IN WITNESS WHEREOF, the parties.hereto have caused these presents to be executed as of the
day and year first above .wr.itten.
IN THE PRESENCE OF:
Witnesses
IN THE PRESENCE OF:
Witnesses
BAYFIELD COUNTY,.WISCONSIN
BY
Chairman
Attest
County Clerk
(SEAL) .:
BAYFIELD COUNTY MEMORIAL HOSPITAL, INC.
By!
President,
.:Board of Directors
Attest:
Secretary,
Board of Directors
(SEAL)
SECURITY AGREEMENT
The undersigned (hereina;fter called the Corporation), hereby grants to Bayfield County,
Wisconsin (hereinafter called the County), a security interest in the following described property
(hereinafter called Collateral):
All equipment now owned or hereafter acquired by the Corporation or in which the Corporation
obtains rights for use in connection.with the operation of the nursing home situated in
and owned by the County, together -with all repairs,, improvements and accessions thereto
and substitutions.and replacements therefore at any time hereinafter made or acquired;
and all proceeds of. all of the foregoing,
secure payment to the County of all rent due.and to become due under the terms.of that certain
lease agreement. -entered into- by.and.between the Corporation and the County as of
979,.concerning.the nursing home property, and all other liabilities and indebtedness of the
e
t 7. 1979
Corporation to the County arising under said lease agreement or otherwise, due or to become
due, absolute or contingent, joint or several, howsoever created, arising or evidenced, now
existing or hereafter at any time created, arising or incurred (hereinafter called Secured
Obligations) .
The Corporation warrants, represents and agrees that:
1. The collateral is or, when acquired, will be located at the County's nursing home fac-
ility in Washburni Wisconsin, and will not be removed. therefrorA without the prior written
consent of the County.
2.. The Corporation has or will acquire title to and will at all times keep the collateral
free of all liens and encumbrances except the security interest created hereby, and has full
power and authority to execute this security agreement, to perform the Corporations' obligations
hereunder, and to subject the collateral to the security interest created hereby. No financing
statement covering all or any part of the collateral, except any which may have been filed by
the County, is on file in any public office.
3. The Corporation will at any time or times hereafter execute such financing statements
and other instruments and perform such acts as the County may request to establish and maintain
a valid security interest in the collateral, and will pay all costs of filing .and recording.
4. The Corporation will keep and maintain the .collateral in good and usable repair, and
will notify the County promptly of any damage to the collateral.
5. The Corporation will use the collateral or cause the collateral to be used in a careful
manner only for the purposes for.which the same.is designed; will not abandon the collateral;
will neither cause nor suffer any injury or damage to the collateral, ordinary wear from careful
use alone exc,e pied;' will not misuse the collateral; will not sell, lease, transfer or dispose
of the -collateral without the prior written consent of the County, and will furnish the County
at any time upon the request of the County, full information as to the collateral. No provision
contained in this security agreement shall be construed to authorize any sale, lease, transfer
or other disposition of the collateral except on the conditions contained in this paragraph.
6. The Corporation will promptly keep and perform each and every term, covenant and
condition of said lease agreement to be kept or performed by it, and will keep and perform all
of the terms, covenants and conditions contained in any other instrument securing the performance
of the Corporation's obligation under said lease agreement whether heretofore or hereafter
executed.
7. The Corporation will pay all taxes and other governmental impositions now due or that
may hereafter -become liens . against, the collateral, at: least ten (10) days before. penalty attaches
thereto and will deliver immediately to the County-at.its.address hereinbefore stated,,.or at
such other place as the County may designate in writing from time to.time, the official,
receipts evidencing their payment.
8. The Corporation will keep the collateral insured by companies- approved by the County
against loss by fire, extended coverage risks, theft, vandalism and other hazards as the County
may require, and will -deliver to the.County the policies for such insurance with clauses attached
thereto in favor of and in form acceptable to the County or its assigns; and will deliver to
the County all renewalpolicies; and in case of the occurrence of a.loss under any policy, the
Corporation will give notice thereof immediately by mail to the County, hereby authorizing and
empowering the County to make proof of loss if the Corporation fails to do so, and to demand,
receive and receipt for moneys becoming payable thereunder; and will pay or cause to be paid to th
County the proceeds of -such insurance or any part thereof,which the County will apply to the
repair and restoration of the collateral damaged.
9. The Corporation will pay all expenses and attorneys' fees incurred by the County, its
successor or assigns, by reason of litigation with any third party for the protection of the
security interest granted hereby or the preservation of collateral.
10. The Corporation will comply promptly, with all laws, statutes, ordinances and regulations
affecting collateral and the use and installation therof.
11. The Corporation will permit -the County, its successors and assigns access to collateral
at all reasonable times for the purpose of inspecting the same or curing the Corporation's de-
faults hereunder.
12. In case of the failure of the Corporation to do so, the County may .make any payment
or perform any term, covenant or condition herein to be made or performed by the Corporation,
and any payment so made or expense incurred -in connection therewith by the County will bear
interest at the then existing prime interst rate (New York City) will be immediately repayable
by the Corporation, and will become part of the -secured obligations.
13. The occurrence of any of the following events shall constitute a default: (a) failure
of the Corporation, or any co -maker, endorser, surety or guarantor -to pay when due any amount
payable under any of the secured obligations; (b) failure to perform any agreement of the Corpor-
ation contained herein; (c) any statement, representation or warranty of the Corporation made
herein or at any time furnished to the County is untrue in any respect as of the date made;
(d) entry of any judgement against the Corporation; (e) appointment of a receiver form, loss,
substantial damage to, destruction, theft, sale or encumbrance. to or of any portion of the
collateral,, or the making of any levy, seizure or .attachment thereof; (f) the Corporation
becomes insolvent or unable to pay its debts as they mature -or makes an assignment. for the benefit
of =its creditors or any proceeding is commenced by or - against the Corporation alleging that it
is insolvent or unable to pay its debts as -they mature; (g) dissolution, consolidation or
merger, or transfer of a substantial part of the property of the Corporation; (h)- such a change
in the condition -or affairs (financial or otherwise) of the Corporation or any co -maker, endorser,
surety or guarantor of any of the secured obligations as in the opinion of..the County impairs
the County's security or' increases its risk; -or (i) the County -deems itself insecure for any
reason whatsoever.
14. Whenever a default shall exist the County may, at its option and without demand or no-
tice, declare all or any part of the secured obligations immediately due and payable,.and the
County may exercise, in addition to the rights and remedies granted hereby, all rights and
remedies of a secured party under the Uniform Commercial Code or any other applicable law.
15. The Corporation agrees, in the event of default,_to make the collateral available to
the County, and to pay all costs of the County, including reasonable attorneys' fees, in the
collection of any of the secured obligations and the enforcement of any of the County 's rights.
If any notification of intended disposition of any of the collateral is required by law, such
notification shall be deemed reasonably and properly given if mailed at least ten (10) days
before such disposition, postage prepaid, addressed to the Corporation at Washburn; Wisconsin.
539
16. No delay or failure by the County in the exercise of any right or remedy shall
constitute a waiver thereof, and no single or partial exercise -by the County of any right
or remedy shall preclude other or further exercise thereof or the exercise of any other right
or remedy.
Executed and delivered at Washburn, -Wisconsin, this.7th day of August 1979'.
BAYFIELD COUNTY MEMORIAL HOSPITAL, INC.
By
President'
Attest.
Secretary'
COUNTY OF BAYFIELD, WISCONSIN
By
Edward A. Pajala, Clerk
By
Walter Barningham, County Board Chairman,
Moved by Erickson and seconded by Seidel to adopt the resolution. Motion carried.
Clerk Pajala next read the following correspondence submitted by Glenn Spears: No. 26
August 3, 1979
Mr. -Glenn Spears
County Board Member
Drummond, WI 54832
Dear Glenn:
I have heard that the County is thinking of selling the rest home that it'once-operated. I
think a feasibility study should be launched, whereby this building could be converted into
a jail which is badly needed in this county.
It -would probably require less monies to do -this conversion than to construct a new building.
I would appreciate it very much if you would bring this up at the next board meeting. Thank
you for your consideration.
Sincerely, -
Paul S. Regorrah
Moved by Bromberg, and seconded by Spears to receive the correspondence and place it on
file. Motion carried.
No. 27
Next discussed was the selling of certain county owned items at a county auction. To be
included in this -auction would also be items at the Pureair Sanatorium..
Moved by Stephenson, and seconded by Bromberg to have an auction to sell excess equipment
at the courthouse and the Pureair Sanatorium and to direct the Executive`.Committee to get the
process started.
Motion carried.
The following letter and claim were read: No. 28 & 28a
Norlin Law Office,
Washburn, WI 54891
Mr. Edward A. Pajala
County Clerk
Bayfield County
Washburn, WI 54891
RE: Mr. &-Mrs'. Ralph Neff
Dear Mr. Pajala:
Attached is the claim of Mr. and Mrs. Ralph Neff against the County of Bayfield. I believe it
is somewhat self explanatory but I might elaborate a bit.
r4o
August 7, 1979
The street that my client lives on intersects with a County Road ie. Washington Avenue. There
is a ditch on the opposite side of Washington.from my client's house which was designed to carry
away surface water flowage. In the past my client had never had surface water problems although
it was more. and more apparent in.recent years that the ditch was, being allowed to fall up with
debris. While my client's never directly contacted the County Officials concerning the situation
there were various other parties from the City who did including Tony Kovachevich. .There was
absolutely no response to these requests as far as_�aintenance until 7:00 A.M. the morning
after my client 7 s. basement was entirely flooded. By./that I mean that, there was water over your
head in their basement. The water had jumped out of the ditch because of the accumulation of
debris and ran _ across. the, road and down into my client's basement over the sill plate and through
windowse With that much water basically everything in the basement was ruined. Some of the
larger items were a fairly new freezer with a substantial amount of food, their vacuum, an antique
radio set, a refrigerator freezer and an extensive amount of winter clothing. In addition the
furnace was damaged although that was repaired by Wachsmuth Plumbing and Heating who submitted
a bill of $88.00 to my client. I feel we have been extremely conservative on the damage to
personal property,.
As to the diminished value of the real estate my client had been marketing his house previous
to this incident and had at least one extremely interested prospect. Since this flooding that
prospect has turned his attentions elsewhere.
It is our sincere hope that this claim can be settled without any undue hostility and in order
to do so we stand ready to provide you with any,additional information you may need.
Very truly yours,
Thomas R. Casper.`'+,
TRC : pk
CLAIM
County of Bayfield)
)ss
State of Wisconsin)
Pursuant to Section 88.87 (2)(c) you are hereby notified of the Claim against the County of Bay -
field by the undersigned for damages caused at the home of the undersigned at 41 North Sixth
Street, Bayfiold, WI on the loth day of May 1979.
County Highway I, otherwise known as Washington Avenue, intersects with Sixth Street, and on
the north side of said Washington Avenue to the west of Sixth Street there is a drainage ditch
designed to carry the surface waters which would otherwise be impeded in their natural and
general flow by said Avenue. Despite repeated requests made to the County to properly maintain
the drainage ditch, it has been allowed to fill with dirt and debris over the years and as a
result thereof heavy accummulations of surface water were directed from the drainage ditch and
across the property of the undersigned greatly damaging the personal property, located therein,
and also reducing the. value of said_ real estate..
As a result thereof the undersigned sustained damages to personal property in the amount of
$1,600.00 and a decrease in the, value of their., real estate in the amount of $1,500.00. Claim
is hereby made in the total amount of $3,100.00
The legal description of the real estate damaged by the above flooding and water soaking is:
Lots Eight (8) , Nine (9) and Ten (10) , Block 79, Origianl Townsite of Bayfield.
Signed: Ralph Neff and Marilyn Neff
We, Ralph W. Neff and Marilyn K. Neff being first duly sworn on oath, depose and.say that they
have read the above and foregoing Claim by them 'subscribed, and know the- content thereof,
and that the same is true to their own knowledge, except as to matters therein stated on
information and belief, and as to those matters they believe it to be true.
Signed: Ralph.W., Neff and Marilyn K. Neff
Moved by Spears and seconded by Johnson to receive, the letter and place it on file.
Motion carried.
Moved by Spears and seconded by McGillivray to deny the claim.
Motion carried.
No. 29
Moved by Hanson and seconded by Erickson,to adjourn the meeting.
Motion carried.
Walter Barningham, C
Bayfield County Boar
G Edward A. P iara, Clerk
Bayfield County