HomeMy WebLinkAboutCounty Board of Supervisors - Minutes - 8/5/1980IJo��
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MEETING OF THE BAYFIELD COUNTY BOARD OF SUPERVISORS
August 5, 1980
The meeting was called to order at 9:40 a.m. by Chairman Walter Barningham.
The following members answered roll call: No. 1
Present - Ed Erickson, Art Meierotto, Walter Barningham, Joel Bromberg, Dale Maki,.Russell McGilli-
vray, Larry Seidel, Jim Strom, William Rave, Swen Soderstrom, Wallace Johnson, Robert
Sechen, William Carter, Charles Diamon, Carl Anderson, Harold Wickman, Karl Ludzack,
Edwin .Renoos
Absent - None
Present - 18
Absent - 0
TOTAL 18.
A prayer and pledge of allegiance were led by Larry Seidel, board member.
No. 2
A motion was made by Bromberg and seconded by'Carter to dispense with the reading of the
minutes of the previous meeting. Motion carried.
The following letter was read: No. 3
Red Cliff Tribal Council
Box 529
Bayfield, WI 54814
July 23, 1980
Will i-3m Rave
Bayfield County Unified Services Chairman
Washburn, WI
Dear Mr. Rave:
I sincerely regret in having to submit this letter of resignation for my position on the Bayfield
County Unified Services Board as the Developmentally Disabled representative. There was a
conflipt of interest involved as to my possible future employment which the USB contracts. There-
fore, mxy,decision to resign is hereby official.
I just want to take this time now to thank the USB members, Bayfield County staff, and the CPB
Sub -Committee for the cooperation that was shared while I've been on the board. It -has been a
meaningful experience for me and I-hope.to be more involved with the county Unified Services
system in the future. -
Sincerely,
Teresa M. DeFo.Q: '
cc: Walter Barningham
Ed Dashner
-.Thomas J. Gordon
Moved by Seidel and seconded by Wickman to receive the letter and place in on file. Motion
0arried.
The following resolution was read: No. 4
WHEREAS, LaVern Basina, Lillian Santikko, and Teresa DeFoe have resigned from the Unified
Services Board, and
WHEREAS, It is recommended that Alan Butterfield replace LaVern Basina, Pauline Ludwig replace
Lillian Santikko and Alice Maasen replace Teresa Defoe,
BE IT RESOLVED, By the Bayfield County.Board ,of Supervisors in session this 5th day of August,
1980, that Alan Butterfield, Pauline Ludwig and Alice Maasen be appointed to the Unified Services
Board to fill the unexpired term of their predecessors.
PRESENTED BY: Rave, Bromberg, Carter, Strom, Wickman
Moved by Strom and seconded by Rave to adopt the resolution.
U-4111
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Carl Anderson then questioned what qualifications these people must have in order to be
appointed to the board.
Rave answered stating that the vacancies being filled were to represent Native Americans,
developmental disabilities, and chemical dependancy.
The question was asked on the motion to adopt Resolution No. 4.
Motion carried.
The following communication was read: No. 5
Northwest Regional Planning Commission
302 Walnut St.
Spooner, WI 54801
April 29,.1980
Mr. Edward Pajala
Bayfield County Clerk
Courthouse
Washburn, WI 54891
Dear Mr. Pajala:
Under the by-laws of the Commission, Bayfield County has two representatives. Could you� affirm
or reaffirm the membership on the Commission. The present members are:
County Board Chairman(or his duly authorized representative)
County Board Representative(appointed in a manner prescribed by the County Bd.)
A reply sheet is enclosed with a return envelope.
wish clarification.
Sincerely,
Charles Tollander
Chairman
CT : n.l
Encl.
Plaase contact me if you have questions or
Clerk Pajala informed the board that board chairman Walter Barningham has appointed himself
and Walldce Johnson to serve on -.the committee.
Moved by Erickson and seconded by Rave to confirm the appointments. Motion carried.
The following letter was read: No. 6
ao,' 0 Iron River Sanitary District No. 1
q, Town of Iron River
,b Iron River, WI 54847
July 10, 1980
Bayfield County Board
Bayfield County Fair Committee
Harry Lowe
Courthouse
Washburn, WI 54891
Gentlemen and Ladies:
Iron River Sanitary District No. 1 of Iron River, Wis. requests a road access easement across
County land in the following location: a crossing easement not to exceed one hundred feet (1.00)
West and South of the Northeast corner of the Southwest Quarter of the Southwest Quarter (SWµ SWµ)
of Section Six (6) Township Forty Seven North (T 47 N) Range Eight West (R 8 W) Bayfield County,
State of Wisconsin. This easement will enable the district to cross county property to enter
district property to the west of our present sewage lagoon to make a turn -a -round for maintenance
equipment. Thank you.
Very truly yours,
Iron River Sanitary;D istrict No-1
Beverlee Thivierge, SuperintBndent
for Leonard J. Riedl, President
Moved by Diamon and seconded by Maki to approve of the easement. Motion carried.
no o
August 5, 1980
OOPS -10 The following resolution was read: No. 7
WHEREAS, The terms of two members of the Board of Adjustment will expire on July 1, 1980, and
the term of the alternate member of said Board will also expire on said date, and
WHEREAS, It is recommended to the Board that Dennis Rasmussen of Cable, Wisconsin, and Floyd
Iddings of Cornucopia, Wisconsin, be appointed to said Board to fill two of said vacancies and that
Herbert Spears, Drummond, Wisconsin, be appointed to fill the vacancy of said alternate member,
NOW THEREFORE BE IT RESOLVED, That Dennis Rasmussen and Floyd Iddings be and are hereby
appointed to fill two of the vacancies on the Bayfield County Board of Adjustment for a period of
three years, commencing July 1, 1980, and
BE IT FURTHER RESOLVED, That Herbert Spears is hereby appointed to fill the vacancy of
alternate member on said Bayfield County Board of Adjustment fir a period of three years commencing
on the lst day of July, 1980.
SIGNED: Renoos, Bromberg, Barningham, McGillivray, Soderstrom, Maki
Moved by Bromberg and seconded by Seidel to adopt the resolution. Motion carried.
e� The following resolution was read: No. 8
` REGARDING THE OPTIONAL ADOPTION OF THE UNIFORM BUILDING CODE
WHEREAS, The State of Wisconsin, has developed a uniform dwelling and building code for one -
PISS". and two-family dwellings; and
WHEREAS, Local units of Government throughout the State of Wisconsin are required to adopt
the uniform building code; and
WHEREAS, The uniform building code does not adequately reflect the needs and characteristics
of counties and municipalities in North Western Wisconsin; and
WHEREAS, Implementation of the uniform building code will result in delays in construction of
needed one- and two-family housing; and
WHEREAS, Implementationz of the uniform.building code will further increase the cost of housing
for Wisconsin citizens; and
WHEREAS, It is not the intent of Bayfield County to prevent any local unit of government
from adopting the uniform building code;
NOW, THEREFORE BE IT RESOLVED, That Bayf ield.County urges the State of Wisconsin to amend
the uniform building code for one- and tvo-family dwellings to allow optional adoption of the
code by local units of government; and
BE IT FURTHER RESOLVED, That a copy of this resolution be sent to the Governor, all state
legislators, the Secretary of Industry, Labor, and Human Relations, the County Boards Association,
and Wisconsin Towns Association.
SIGNED: Bromberg, Renoos, Soderstrom, McGillivray, Maki
Moved by Carter and seconded by Wickman to adopt the resolution. Motion carried.
The following report was read: No. 9
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 having been given as provided by
law.and being duly -informed to the facts pertinent to the proposed changes, hereby recommends that
the petitions described as follows be approved:
That all existing districts in the north 1000 feet of Government Lot Seven (7), Section
Three (3), Township Forty -Four (44) North, Range Nine (9) West, be abolished and said area be
rezoned in the following manner:
(a) all that land lying west of the town road in Government Lot 7 is placed in a Residential-1
zoning district
(b) that parcel described as follows is placed in a Residential-3 zoning district: commencing
at the NW corner of Government Lot 7, thence S70-301 E along the west line of said Government
Lot 7, 610 feet; thence N 890-41' E, 74.78 feet to the easterly line of a town road and the point
of beginning; thence N 890-41' E, 820.00 feet; thence N 00-19' E 300 feet; thence N 890-411 to
the east line of Government Lot 7; thence N 70-301 W. to the NE corner of Government Lot 7; thence
westerly along the north line of Government Lot 7 to the easterly line of a town road; thence
southerly along the easterly line of a town road to the point of beginning.
,(c) that remaining parcel in the N 1000/of Government Lot Seven (7) not described in a or b
above shall be located within a Residential -Recreational zoning district.
The North-east One -quarter (NEµ) of the North-east One -Quarter (NEµ), Section Thirty-five (35)
Township Forty-three (43) North, Range Eight (8) West, more specifically described in V..178,
P. 140 of the Register of Deeds office be changed from Residential-2 Use to Commercial Use.
The South-west One -quarter (SW-4) of the North-east One -quarter (NEµ), Section Twenty-eight
(28) , Township Forty-five (45) North, Range Nine (9) West, he changed from Forestry-1 Use to
Agricultural-1 Use.
That part of the North -half (N2) of the Soiith-half(S 2) , of Section Eleven (11) , Township
Forty-seven (47) North, Range Nine (9) West, lying north of old Highway 2 and west of Deep Lake
Road; and on that part of the North-east.One-quarter (NE-4) of the South-east One -quarter (SEµ),
Section Eleven (11), Township Forty-seven (47) North, Range Nine (9) West, lying east of Deep
Lake Road and extending 500 feet south of the centerline of U.S. Highway 2 be changed from
Residential-1 Use to Commercial Use.
SIGNED: Renoos, Soderstrom, Barningham, Bromberg, McGillivray, Maki
Moved by Bromberg and seconded by Maki to receive the report and place it on file.
Seidel then asked David Lee, Zoning Administrator, to briefly describe where each parcel
is located. Lee did so giving approximate locations of each parcel.
The question was asked on the motion to receive the report and place it on file. Motion
carried.
(Ordinance published on )
TO PRINTER: Insert date of publicbtion above --do not republish
The following amendatory ordinance was read: No. 10
S_�z,go 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,
That all existing districts in the north 1000 feet of Government Lot Seven (7); Section Three
(3), Township Forty-four (44) North, Range Nine (9) West , be abolished and said area is rezoned
in the following manner:
(a) all that land lying west of the town road in Government Lot 7 is placed in a Residential-1
zoning district.
(b) that parcel described as follows is placed_in a Residential-3 zoning district: commencing
at the NW corner of Government Lot 7, thence S 70-30' E along the west line of said Government Lot
August 5, 1980
7, 610 feet; thence N 890-41' E., 74.78 feet to'the easterly liiie of'a town road and the point of
beginning; thence N 890-41' E, 820.00 feet; thence N 00-19' E 300 feet thence N 890-41' to the
east line of Government Lot' 7; thence N 70-30' W, t" the NE corner of Government Lot''7; thence
westerly along the north line of Government Lot 7 to the easterly line of a town road; thence
southerly along the easterly line of a town road to the point of beginning.
(c) that remaining parcel in the N 1000 feet of Government Lot Seven (7) not described in a or
b above is located within a Residential -Recreational zoning district.
The North-east One -quarter (NEµ) of the North-east One -quarter (NE-4), Section Thirty-five (35)
Township Forty-three (43) North, Range Eight (8) West; more specifically described in V. 178,
P. 140 of the Register of Deeds office is changed from Residential-2 Use to Commercial Use.
The South-west One -quarter (SWµ) of the North-east One -quarter (NEµ), Section Twenty-eight (28)
Township Forty-five (45) North, Range Nine (9) West, is changed from Forestry-1 Use to Agriculture-1
Use.
That part of the North -half (N2) of the South -half (S2) of Section Eleven (11), Township
Forty -Seven (47)-North, Range Nine (9) West, lying north of old Highway 2 and west of Deep Lake
Road; and on that part of the Northeast One -quarter (NEµ) of the South-east One -quarter (SEµ),
Section Eleven (11), Township Forty-seven (47) North, Range Nine (9) West, lying east of Deep
Lake Road and extending 500 feet south of the centerline of U.S. Highway 2 is changed from
Residential-1 Use to Commercial Use.
SIGNED: Bayfield County Zoning Committee -- Renoos,.Soderstrom, Bromberg, McGillivray, Maki
Affidavits of publication and other correspondence on file.
No. 11
Jim Crandall, Clerk Town of Drummond and Paul Rose, supervisor from the Town of Chippewa,
next addressed the board regarding the in -lieu of taxes monies paid to the towns. Crandall first
explained to the board what the in -lieu of taxes monies are and asked for the board's support in
trying to straighten out the matter of distribution of the money. Crandall asked that the
board write a letter to the state legislature asking them to clarify how the in -lieu of taxes
monies are distributed.
Paul Rose next spoke saying that he is planning to meet with other county boards and he had
just finished meeting with the Ashland County Board. The Ashland County Board agreed with Rose
saying that they believe the money should be distributed to the towns but they added that their
legal council advised that they were without power to pass these funds over to the towns. He then
handed the clerk the following letter to read: No. lla
Ashland County District Attorney
Courthouse
Ashland, WI 54806
Senator Daniel 0. Theno
25th Senate District
Rm. 408 South
State Capitol
Madison, WI 53702
Representative David R. Redrowski
74th Assembly District
Rm. 112 West
State Capitol
Madison, WI 53702
Gentlemen:
As you can see by the enclosed photocopy of a February 13, 1979, Opinion of Wisconsin Attorney
General Bronson C. La Follette, Attorney General La Follette is of the opinion that a county in
Wisconsin is without power to distribute payments in lieu of taxes monies to the towns in which
the national forest lands are located.
The Attorney General indicates he is unaware of any Wisconsin Statute which would authorize a
county board to directly appropriate all or any part of these federal monies to a town on the
premise that certain entitled lands are located within the boundaries of such town.
Numerous members of the County Board of Supervisors of Ashland County are of the opinion that
a county in Wisconsin should have the authority to authorize appropriation of a portion of these
federal monies to the towns in which the entitlement lands are located to try to create a more
equitable situation. There, no doubt, are numerous,. arguments for and against such a distribution
but many members of the Ashland County Board of Supervisors feel the individual counties should
have the power to make a determination as to whether such a distribution should occur within its
county.
This letter is being written because the County Board of Supervisors of Ashland County, at its
June 26, 1980, meeting, voted that -the State Legislators representing Ashland County be contacted
regarding this situation to see if such legislators are willing to look into this situation to
see whether legislation would be appropriate giving the counties express authority to distribute
part of the payments in liue of taxes monies to the towns in which the entitlement lands are
located.
Your attention to this matter is appreciated. Thank You.
Respectfully,
Matthew F. Anich
District Attorney
Ashland,County, Wisconsin
cc: Kenneth Todd, County Board Chairman
Horace M. Havner, Ashland County Clerk
Ruth Giese, Ashland County Treasurer
No action was taken on -the letter.
Renoos then stated that Bayfield County's distribution of money to the towns was not
illegal and any county had the power to distribute their funds in the same manner.
This concluded the presentation of Rose and Crandall.
The following report was read: No. 12
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 having been given as
provided by law and being duly informed to the facts pertinent to the proposed changes, hereby
recommends that the petitions described as follows be approved: (See ordinance No.'s 14 and 15)
-Moved7 by Bromberg and seconded by Johnson to receive the report and place it on file.
Motion carried.
The following resolution was read: No. 13
WHEREAS, All Bayfield County courthouse budgets were prepared without including any funding
for salary increases for the year 1980 and
WHEREAS, The county board did include in the contingency fund in the budget sufficient
funds to finance salary increases and
WHEREAS, Salary increases have been granted by the county board to adjust 1980 salaries, now
therefore be it
RESOLVED, That the county clerk be authorized and directed to.transfer from the contingency
fund to the following funds the following amounts to cover said salary increases:
Co. Clerk $
5,835.00
Assessment
550.00
Tax Deed
550.00
Co. Treasurer
3,035.00
Clerk of Courts
4,010.00
Reg. of Deeds
41D060.00
District Attorney
3,446.00
Zoning
4,104.00
Veterans
3,473.00
Co. Nurse
313878.00
Home Nursing
2,258.00
August 5, 1980
Forestry
7,259.00
Recreation
2,250.00
Emergency Gvt.
15350.00
Courthouse
2,208.00
Extension
6,836.00
Social Services,
55000.00
Unified Services
2,139.00
Aging Unit
13800.00
Court Intake Worker 1,095.00
Sheriff
38,246.00
State Retirement
(Co. Share)
15500.00
Social Security
(Co. Share)
2,500.00
TOTAL 107,38.2.00
SIGNED: Johnson, Carter, Meierotto, Seidel, Renoos
Moved by Seidel and seconded by Johnson to adopt the resolution.
Clerk Pajala clarified the figures for the board stating that he had gone over the figures
with the department heads and the department heads were all in agreement with the figures.
Moved by Erickson and seconded by Ludzack to table the matter until the resolution regarding
the Sheriff's deputies and dispatchers labor contract is read. Motion carried.
The following resolution was read: No. 14 (Citation Ordinance published
The Bayfield County Board of Supervisors ordains as follows: TO PRINTER: Insert date of
publication above --do not rep,lish.
That the following Bayfield County Citation Ordinance is hereby adopted:.
BAYFIELD COUNTY CITATION ORDINANCE
1. Purpose
A. The purpose of this Ordinance is to achieve greater efficiency and economy in the enforce-
ment of certain Bayfield County Ordinances and to guarantee the fairness and consistency
of enforcement procedures.
11. Authority
A. This Ordinance is created pursuant to the authority granted by Chapter 66.119 of the
Wisconsin Statutes. Bayfield County elects to use the citation.method of enforcement of
certain ordinances other than those for which a statutory counterpart exists.
B. Nothing contained in this ordinance shall be constructed to prevent the use of any other
method of enforcing Bayfield County Ordinances, including but not limited to, the use of
a summons and complaint under Chapters 66 and 299 of the Wisconsin Statutes.
111. Ordinances Affected
A. Citation may be issued in the enforcement of the following Ordinances:
(1) Bayfield County Zoning Ordinance
(2) Bayfield County Sanitary & Private Sewage Ordinance
(3) Bayfield County Subdivision Control Ordinance
1V. Persons authorized to issue citations
A. The following persons may issue citations authorized under this ordinance:
(1) Any Bayfield County Law Enforcement Officer
(2) Any employee of the Bayfield County Zoning Department
B. Authorization shall be granted by the Bayfield County Zoning Committee prior to the
issuance of any citation.
V. The Citation
A. Citations issued pursuant to,this ordinance shall provide for the following:
(1) The name and address of the alleged violator.
(2) The factual allegations describing the alleged violation.
(3) The time and„place of the offense. .
(4) The section of the ordinance violated.
(5) A designation of the offense in such ,a manner as can be readily understood by a person
making a reasonable effort to do so.
(6) The time at which the alleged violator may appear in court.
(7) A statement which in essence informs the alleged violator:
August 5, 1980
(a) That the alleged violator may make a cash deposit based on the schedule established
by this ordinance to be mailed or delivered to the Clerk of Courts prior to the
time of the scheduled court appearance.
(b) That if the alleged violator makes such a deposit, he or she need not appear in
court unless subsequently summoned.
(c) That if the alleged violator makes a cash deposit and does not appear in court,
either he or she will be deemed to have tendered a plea of,no contest and submitted
to a forfeiture not to exceed the amount of the deposit or will be summoned into
court to answer the complaint if the court does not accept the plea of no contest.
(d). That if the alleged violator does not make a cash deposit and does not appear in
court at the time specified, an action may be commenced against the alleged violator
to collect the forfeiture.
(8) A direction that if the alleged violator elects to make a cash deposit, the alleged
violator shall sign an appropriate statement which accompanies the citation to indicate
that he or she read the statement required under Section V A. (7) of this ordinance and
shall send the signed statement with the cash deposit.
VI. Form of Citation
A. The form of the citation used under this ordinance shall be approved by the Bayfield
County District Attorney .and the Bayfield County Zoning Committee. Such approval shall
be recorded in said Committee's minutes.
VII. Schedule of Deposits
Offence Deposit
A. Violation of any provision of the Bayfield County $50.00
Zoning Ordinance
B. Violation of any provision of the Bayfield County $50.00
Sanitary.& Private Sewage Ordinance
C. Violation of any provision of the Bayfield County $50.00
Subdivision Control Ordinance
VIII. Procedure
A. The procedure provisions of Chapter 66.119 of the Wisconsin Statutes are hereby adopted
and incorporated herein by reference.
IX. Nonexclusivity
A. Adoption of this ordinance in no way precludes the adoption of any other ordinance pro-
viding for the enforcement of any law or ordinance relating to the same or any other
matter. The issuance of a citation under this ordinance in no way precludes preceeding
under any other law or ordinance relating to the same or any other matter.
B. Submission of a deposit shall in no way -alleviate -the alleged violator of future
citations, should the alleged offence remain uncorrected.
X. Severability
A. Should any section or provision of this ordinance be declared unconstitutional or invalid
or be repealed, the constitutionality or validity of the remainder shall not be affected
thereby.
XI. Effective Date
A. This ordinance shall take effect and be in -force upon its passage by the Bayfield
County Board of Supervisors and publication as provided by law.
SIGNED: Renoos, Soderstrom, Barningham, Bromberg, McGillivray, Maki
Moved by Bromberg and seconded by Soderstrom to adopt the resolution.
Carl -Anderson then questioned how much jurisdiction this gave the zoning office. He also
stated that he did not want.this type.of.author;ity,to get out of hand.,
Carter stated that 90/ of the violations are routine and there.are no problems, but in
some cases law enforcement.measures must be taken.
The question was asked on the motion to adopt Resolution No. 14.
A roll call vote was taken with the following resultst No. 14a
Ayes - Meierotto, Barningham, Bromberg, Maki, McGillivray, Seidel,.Strom, Rave, Soderstrom, Sechen,
Carter, Diamon, Anderson, Ludzack, Renoos
Nayes - Erickson, Johnson, Wickman
Absent - None
Ayes - 15
Nayes - .3
Absent - 0
TOTAL 18 Motion carried.
August 5. 1980
LOf-" I The following ordinance was read: No. 15
4S -I -A__4D
Sanitary O.rdinance.published on
TO PRINTER: Insert date of publication above,
do not republish.
The Bayfield County Board of Supervisors ordains as follows:
That the following Bayfield County Sanitary and Private Sewage Ordinance is hereby adopted:
BAYFIELD COUNTY SANITARY AND PRIVATE SEWAGE ORDINANCE
TABLE OF CONTENTS
Section I: General Provisions
Section II: Design-, Engineering, and other Requirements
Section III: Permit prodedures
Section IV: Fees
Section V: Inspections
Section VI: Violations
Section VII: Right of Appeal
Section VIII: Administration
Section IX: Separability -Disclaimer of Liability -Interpretation
Section X: Amednments
Section XI: Definitions
For the purposes listed in Wisconsin Statutes, Section 59.065, 59.07 (51), and 145, the Bayfield
County Board of Supervisors does hereby ordain the following Sanitary & Private Sewage Ordinance:
Section 1: General Provisions
A. Scope and Purposes
1) The general intent of this Ordinance is to regulate the location, construction, installation,
design, and use of all private on -site waste disposal systems'so as to protect the health of
residents and transients; to secure safety from disease and pestilence; to further the appro-
priate use and conservation of land and water resources; and to preserve and promote the
welfare of Bayfield County and its communities. It is fart -her intended to provide for
the Administration and enforcement of this Ordinance and to provide penalties for its
violation.
2) The requirements of this ordinance shall be held to be the minimum r.equirmments in the
interest of public health, safety, welfare, and sanitation.
3) This ordinance incorporates by reference all applicable rules, regulations, and laws as set
forth in the Wisconsin Statuues and Wisconsin Administrative Code; and all subsequent rules
and regulations promulgated thereunder.
4) The private sewage system provisions of this ordinance shall not be more lenient nor more
stringent than the rules and regulations promulgated pursuant to Chapter 145, Wisconsin
Statutes.
5) The jurisdiction of=this ordinance shall apply as follows:
a. The parts of this ordinance pertaining to private sewage systems shall apply to the
entire area of Bjyf field County, pursuant to Section 59.065, Wisconsin Statutes.
b. This entire Sanitary & Private Sewage'Ordinance shall apply to the unincorporated lands
within Bayfield County exclusive of those lands held in public trust by the Federal
government or those tribal owned lands located within the Red Cliff Indian Reservation
where this ordinance shall apply as recommendation without the force or jurisdiction.
6) Sanitary facilities for the purpose of this ordinance shall include:
a. Plumbing as defined in Section 145 of the Wisconsin Statutes.
b. The construction, alteration; or extension of any private sewage system.
e. The inspection of the location of private water systems.
d. The construction, alteration, or relocation of any sanitary privy.
7) No building intended for human use�or,occupancy shall be erected, structurally altered, or
relocated, unless provisions are made;and permits obtained for safe and adequate sanitary
facilities in accordance with the applicable requirements of this ordinance and other
applicable state and local regulations.
B. Effective Date
1. This ordinance shall be effective on -July 1, 1980, after adoption and passage by the
Bayfield County Board of Supervisors and publication as provided by law.
a. All previous Bayfield County Sanitary Ordinances and amendments thereto are hereby
repealed.
Section II: Design, Engineering, and Other Requirements
A. Private Sewage Systems
1. All plumbing fixtures shall be connected to a public sanitary sewer system where available
within one year after the public sewer becomes available. Where such a public sewer
system is not available, a private sewage disposal system may be used.
2. The design- criteria, installation, and operation of private sewage systems (septic tanksl
soil absorption disposal systems, seepage trenches, seepage beds, seepage pits, alternative
department approved private sewage systems, holding.tanks) shall be as specififed in
sections of the Wisconsin Administrative Code promulgated pursuant to Chapter 145, Wisconsii
Statutes.
3. Septic tanks shall be cleaned whenever the sludge and scum occupies one-third of the
volume of the tank.
B. Privies
1. It is recommended privies be constructed and maintained in: a manner consistent with the
brochure "Bayfield County Recommendations for the Construction of Sanitary Privies".
a. This brochure shall be made available at the Zoning Department for distribution to
the public.
2. Privies shall be located at the minimum horizontal setback distances prescribed in
Section II E of this ordinance.
3. _ Privies are permitted for those habitable structures not provided with indoor plumbing
as defined in Wisconsin Administrative Code H. 62.,
1. Applicants wishing to construct a privy shall submit an affidavit stating that their
building will be served by a privy, and indoor plumbing; including water closets, sinks,
-- bathtubs or showers, laundry facilities, or any other fixture or receptacle receiving
domestic waste; shall not be installed until a sanitary permit for a private sewage
_,system is issued.
4. The bottom of the privy pit shall be located -a minimum of 3 feet above bedrock or the
high ground water level.
a. Water tight vault pits shall be provided where this 3 foot separation distance cannot
be met.
S. All privies shall be maintained in a clean and sanitary condition.
C. Private water systems
1. All plumbing fixtures shall be served by a public water supply system where available.
Where such public water system is not available, a private water system may be used.
2. Well location shall be as specified in Sections H63, H62, and NR112 of the Wisconsin
Administrative Code, hereby incorporated by reference, and which shall -apply until
amended and then shall apply as amended.
a. Wells shall: be located.a minimum of 25 feet from any septic tank and minimum of 50
feet from any private sewage system or privy. Where feasible, wells shall be
located up -slope from such disposal facilities.
D. Waste:. Disposal
1. Sludge, scum, and effluent removed from private sewage systems and privies shall be
disposed of in a manner not to create a nuisance or a menace to public health. Such
disposal shall comply with Section NR..113 of the Wisconsin Administrative Code and other
applicable state and local regulations.
2. It shall be unlawful to throw, discharge, or discard any can, bottle, rubbish, or waste
material into any surface waters.
E. Minimum Setback Distances
1. As provided in those sections of the Wisconsin Administrative Code promulgated under
Chapter 145 :of the Wisconsin Statutes and local regulations, the following separation
distances shall apply:
Navigable Water Ground Water
All Distances Expressed Lot Habitable Accessory or or
in feet Line BuildingBuildingWellWater Course Bedrock
Septic! Tank 2 5 5 25 25 -----
Holding Tank 2 20 10 25 25 -----
Private Sewage
System 5 25 1.0*** 50 50 3
Privy 5* 25 ----- 50 75** 3
Where jurisdiction of the Bayfield County Zoning Ordinance is in effect, the setback
shall be that of any accessory building as expressed in Section 20.0 of that ordinance.
The setback shall be 150 feet from Class A Trout Streams as indicated in Appendix B of
the Bayfield County Zoning Ordinance.
The 10 foot setback shall apply to slab constructed buildings. Buildings with below
grade foundations shall require a 25 foot setback.
Section III: Permit Procedures
A. Sanitary permit -private sewage systems
1. The applicant shall submit the.completed sanitary application to the issuing agent
(Bayfield County Zoning Department) on forms provided by the issuing agent";and the
department.
a. The issuing agent. shall review the certified .soil tester reports (percolation tests
fbr the proposed private sewage systems and verify the report at the proposed site,
if necessary.
b. The issuing agent shall review the application for permit for all proposed private
sewage systems.
e. The issuing agent shall approve or disapprove applications for sanitary permits
assist applicants in preparation of approvable applications.
d. The issuing agent shall issue written notice to each applicant whose sanitary
permit application.is disapproved stating the specific reasons for disapproval,
amendments,which,eould be -made to render.the application approvable, and appeal
rights and procedures.
2. Work on a structure or use requiring a private sewage.system shall not begin until a
sanitary permit has been issued.
3. No persons may install a private sewage system unless the owner of the property on
which the private sewage system is to be installed holds a valid sanitary permit.
a. A sanitary permit is valid for 2 years, from, the..date- of issuance and renewable for
similar periods thereafter.
b. A sanitary permit may be transferred from the holder to a subsequent owner of the
land, except that the subsequent owner must obtain a:.new copy of the sanitary
permit from the issuing agent.
4. A sanitary permit for any private sewage system requiring approval by any state agency
will -not be issued,until a copy of the approved plans from that agency is received.
B. Privy Permit
1. An application to erect, alter, or relocate a privy shall be filed with the Bayfield
County Zoning Department on forms provided by the issuing agent, prior to commencing
construction activity.
2. No person may install a privy unless the owner of the property on which the privy is
to be installed holds a valid privy sanitary permit..
3. A privy permit shall be valid for 1 year from the date of issuance.
C. Private Water Systems Location Varification
1. An application to install a private water system shall be filed with the Bayfield
County Zoning Department on forms provided by the issuing agent prior to commencing
construction activity.
2. Prior to installing a private water system the owner of the property on which the
private water system is to be installed, shall obtain verification that the proposed
system is located as specified in Sections NR112, H62 and H63 of the Wisconsin
Administrative Code.
3. A .private water system location verification shall be valid for.l,year from the
date of issuance.
Section IV. Fees
A. The fee for a sanitary permit for the installation of a private waste. disposal system
shall -be $ 35.00.
1. The issuing agent shall not charge more than one fee for a sanitary permit or the
renewal of.a sanitary permit in any twelve month period.
2. The issuing agent shall forward a copy of each valid sanitary permit and $14.00 of
the fee to the Department within 90 days after the permit is.issued.
3. The fee for the transfer of a sanitary permit shall be $10.00.
4. The fee for the return inspection for the installation of any private sewage system
shall be $20.00.
5. The,fee for a site evaluation where no permit is issued shall be $10.00®
6. The fee for the installation of an alternative design system shall be $35.00.
B. The fee for a sanitary privy permit shall be $10.00.
C. The fee"for the inspection of the location'of a private water system shall be $5.00.
Section V: Inspections
A. The issuing agent shall inspect or cause inspection of all private sewage systems after
construction but before baekfilling.
i- 9
1.. After receiving notice from the plumber in charge, inspection shall be made no later
than the end of the next workday, excluding Saturdays, Sundays, and holidays. If
inspection is not made within the specified time, work may continue.
B. The issuing agents shall file reports and conduct -,surveys and•inspeetions as required
by Bayfield County and the Department.
Section VI. Violations
A. The issuing agent shall investigate violations of the terms of this ordinance and
-Chapter 146.3 of the Wisconsin Statutes.
I. The issuing agent shall issue orders to abate any violation or nuisance and shall
provide that the violation or nuisance be abated within 30 days of the receipt of
such order.
2-. The issuing agent shall submit copies of abatement orders to the Bayfield County
Zoning Committee, District Attorney, or Attorney General for enforcement.
B. Any person, firm, or corporation found guilty of violating any provision of this ordin-
ance,'shall upon conviction thereof_ forfeit not less than $10.00 nor more than $100.00
and the full costs of prosecution, plus costs of any compliance required to rectify the
violation. Each day of violation shall constitute a separate offense.
C. Violations of the provisions of this ordinance are subject to the terms of Chapter 66.119
of the Wisconsin Statutes and the Bayfield County Citation Ordinance.
Section VII. Right of Appeal
A.- Any person aggrieved by'a decision rendered by the issuing agent or the Zoning Committee,
may request and shall be granted a public hearing before the Bayfield County Board of
Adjustment.
1. The appeal notice shall be filed with the issuing agent within 30 days from the
date of the order or decision from which the appeal was made..
2. The Board may grant upon appeal in specific cases and subject to appropriate conditio
and safeguards, a variance -from the terms of this ordinance, where owing to special
conditions, a literal enforcement will result in practiced difficulty and unnecessary
hardship.
3. Any variance granted shall be in total conformity with state law; the public health,
safety, and general welfare; and the spirit of this ordinance.
B. Procedures for filing appeals beyond the scope and authority of the Board of Adjustment
shall be as stated in Chapter 68 of the Wisconsin Statutes.
Section VIII. Administration
A. The Bayfield County Zoning Department, under the supervision of the Bayfield County
Zoning Committee and the Bayfield County Board of Supervisors, shall act as the County
Issuing Agent and is hereby assigned the duties of Administering the provisions set
forth in this ordinance.
B. It shall be the duty of the issuing agent to record all permits issued, inspections
made, and other official actions; monitor existing sanitary facilities; inspect new
installations; and investigate compli nts.
C. The issuing agent shall have all the powers necessary to enforce the provisions of this
ordinance including the following:
1. Access, with the consent of the property owner or his agent to any structure or
premise during regular business hours for the purposes of performing ,�assigned., duties.
2. Prohibit the use of any new sanitary facility until that facility has been inspected
and approved:
3. .Order•any'person; firm,- or corporation owning, --using, operating, or installing any
sanitary facility to modify, repair, or place-in'safe_and sanitary condition such
system found to be contrary to the terms of this ordinance.
4. Recommend to the Zoning Committee any additional sanitary measures deemed necessary.
S. Cause abatement of any sanitary facility found to be constructed, operated, or
maintained as to be a menace to the health of the users or community.
6. Enforce all rules required by the Department and perform all duties directed by
the County..
Section IX: Severability-Disclaimer of Liability -Interpretation
A. If any section, provision, or portion of this ordinance is adjudged unconstitutional or
invalid by a court of competent jurisdiction, the remainder of this ordinance shall not
be affected thereby-
R. This ordinance shall not be construed as assuming any liability on the part of Bayfield
County, or any officer or employee thereof, for any problems or damages which may occur
as a result of reliance upon, and comformance with, this ordinance.
C. In their interpretation and application, the provisions of this ordinance shall be held
to be minimum requirements and shall be liberally construed,in the favor of Bayfield
County and shall not be deemed a limitation or repeal of any power granted by the
Wisconsin Statutes.
August 5 , . 1980
Section X: Amendments
A. The Bayfield County Board of Supervisors may make amendments to this ordinance in the manner
prescribed in Chapter 59.07 of the Wisconsin Statutes.
Section XI: Definitions
A. Accessory Building - A structure incidental and subordinate to a habitable building.
B. Alternative Systems - Department approved private sewage systems for.,noh-conventional methods
of waste treatment.
C. Board of Adjustment - A county committee created under the authority of Section 59.94 of the
Wisconsin Statutes to act in a quasijudical capacity to resolve land
use issues.
D. Certified Soil Tester - An individual licensed. by, the State of Wisconsin to perform soil
analysis and -percolation tests.
E. Department - The Wisconsin Department of Health and Social Services and/or Department of In-
dustry,.Labor and Human Relations -Plumbing Section.
F. Issuing Agent - The Bayfield County Zoning Department
G. Percolation Test - Tests performed by a Certified Soil Tester to.determine the absorption
capabilities and suitability of soils for the installation of private
sewage systems.
H. Plumber - An individual licensed By.the State of Wisconsin to practice plumbing, as defined
in Chapter 145 of the Wisconsin Statutes.
I. Private Sewage System - A sewage treatment and disposal system serving a single structure with
a septic tank and soil absorption field located on the same parcels
as the structure; an alternative sewage system approved by the Depart-
ment including a substitute for a septic tank or soli-d absorption field
a holding tank, a system serving,more-than one structure or a system
located on a different parcel than the structure; and may be owned by
the property owner or by a special purpose district.
J. Private Water System Location Verification - An approval issued by the issuing agent verifying
the location of facilities to secure, store, and
convey sources of groundwater.
K. Privy - A structure used:for the deposition of human body, wastes.
L. Privy Permit - A permit issued by the issuing agent for the construction of a sanitary privy.
M. Sanitary Permit - A permit issued by the Department or issuing agent for the installation of
a private sewage system.
N. --.Septic Tank - A watertight tank which receives sewage, and by bacterial action and sedimenta-
tion effects a process of clarification and decomposition of solids.
0. Sewage - The water carried wastes created in and to be conducted away from residence, commercial
and industry establishments, and public buildings.
P. Zoning Committee - A County Committee created by the County Board under the authorization of
Chapter 59.97 of the Wisconsin Statutes to act in matters of land use.
SIGNED: Renoos, Soderstrom, Barningham, Bromberg, McGillivray, Maki
Moved by Bromberg and seconded by Maki to adopt the ordinance.
A roll call vote was taken with the following results: No. 15a
Ayes - Erickson, Meierotto, Barningham, Bromberg, Maki, McGillivray, Seidel, Strom, Rave, Soderstrom
Johnson, Sechen, Carter; Diamon, Anderson,.Wickman, Ludzack, Renoos
Nayes - -:None
Absent - None
Ayes - 18,
Nayes - 0
Absent - 0
TOTAL 18 Motion carried.
August 5, 1980
The following letter was read:
July 23, 1980
Bayfield County Fair Board
Washburn, WI 54891.
Dear Gentlemen:
No. 16
This letter is.:written favoring the selling of beer during the racing times on Friday, August 15,
and Sunday, August 17.
The Iron River Speedway Association would like to have the Fair Board grant permission for the
selling of beer during these mentioned times for the following reasons:
The selling of the beer would be in,a controlled area, away from the.major.ity of the crowd and
proper enforcement would be in effect with a ticket necessary to enter the area and no beer
allowed to leave this area. This would help to prevent smuggling of beer and other alcoholic
beverages into the Fairgrounds which has taken place in the past.
The beer would be sold in cans rather than glass containers. This would be a safety factor for
everyone including children in the grandstand area and for the cleanup crew.
The selling of beer would take place during.the night-time racing, therefore, many young children
will have left the Fairgrounds and not be involved.
The Association needs the revenue from the selling of their concessions, both food and beer,
during this time to pay the purse of $2,575.00, $500.00 for the announcer, wreckers, ambulance,
and welder as well as $800.00 for insurance.
.Besides racing, .the drawing card of selling good and beer will bring more people to the races
during Fair time. Thus bringing more revenue to both parties involved and.help to.make them
each self sufficient.
Also, the money made during the weekly races and Fair races helps the Association improve the
track.and grandstand area. This money comes from.the selling of food and beer. When the Fair-
grounds are used, itis a benefit.to both the Association and the Fair Board..
Selling of beer and food during all of our races including Fair time, makes it possible for the
Association to continue its program of racing and entertainment for the Iron River area as well
as surrounding areas. Truly a community.. service provided by the Association as well as by the
Fair Board. When organizations work together,good things are bound to happen.
Thank you for your cooperation for any consideration in this important matter.
Sincerely,
Iron River Speedway Association, Inc.
Richard Lind., President
Iron River, WI 54847.
Moved by Meierotto and seconded by Erickson to deny.the.request.
The clerk stated that he had on file the following petitions signed by Bayfield County
residents: No. 16a
We the undersigned, residents of Bayfield County, oppose the sale of alcoholic beverages at
the Bayfield County Fair. -
(Names on file in the County Clerk's office) To-ta-1_of_. 57 names _ on_f_ile
The clerk.next:read the following letter: No 16h .,.
August 5,.1980
TO: BAYFIELD COUNTY BOARD OF SUPERVISORS
Dear Board Members:
As a 4-H leader and parent -with a concern for our youth,- especially the eight to eighteen year
old boys and girls, I feel there should be no beer sold on the Bayfield County Fairgrounds in
Iron River on August 14-17, including the grandstand area during the stock car races. Beer being
available at one place on the fairgrounds could spread.
Let us remember that the County Fair is a place for the young and mature to show their learned
skills -of -achievement.,
Sincerely,
Marilyn Korseberg, President
Bayfield County 4-H Leaders Assn:.;
Moved by Maki and seconded by Bromberg to open the meeting to the floor. Motion carded.
August 5.1980
Richard Lind, President of the Racing Association, stated that the gate admission to get into
the races will be lowered but the prizes for the racers will remain the same, therefore, the sale
of beer will help immensely in paying off the deficit.
Fred Jaronitsky, Town of Iron River, addressed the board giving his views in favor of selling
beer at the races. He also stated that the beer will be sold in a controlled area only during
the races and not before or after the races.
Margaret Stuber, 4-H agent for..Bayfield County, addressed the board stating that Bayfield Co
would be making a big mistake by selling -beer at the fair. She further stated that the fair is an
educational event and not a money making event.
Clayton.Howk then addressed the -board voicing his opposition to the sale of beer at the
fair by reading the following letter: No. 16c
Members of the Bayfield County Board:
My name is Clayton Howk, I have lived and paid taxes in Bayfield County for over 35 years. We
often hear of moderation in the use of alcohol liquors. Moderation for some is all they can stow
away. We also hear alcoholism is a disease, as far as I know, it's the only one you can buy put
up tan `a bottle that effects each member of the family.
I ask you to look at these two dates --July 23rd and July 30th, Ashland County court. A total
of 122 cases, 10 of these alcohol was the violation. The others speeding, reckless driving, hit
and run. Many of these were people just passing through. Some of them used No. 2 through Iron
River at all hours of the day and night.
I hear of beer and'other liquor being smuggled into the fairgrounds,.then on sale beer could also
be smuggled out to , or with a gang of teenagers. We also hear that Bayfield County is the only
or one- of the few, that dgesn':t allow beer sales in the fairgrounds.
If other counties want to promote drunken driving on their roads, we don't have to follow their
lead. Let's be leaders in the right direction and promote safe highways for local use as well as
visitors.
All the profit you make on beer sales couldn;-t pay for one life, the grief of a family torn apart,
by someone that drank too much and couldn't walk so he had to drive.. .
Thank you for the consideration of appearing to speak for myself and others who neither had the
time or couldn't express their wishes.
CLAYTON B. HOWK
Dale Maki stated that from his knowledge there is no rowdiness at these events, and also stated
that the area where the beer will be sold will be a controlled area and only served during the
races. He further added that the Racing Association has made at their own expense, some improvements
in the grandstand area and the extra revenue received from the sale of.beer will allow them to
make additional improvements.
Carl Anderson then spoke stating that alcoholism and drinking, especially among teenagers, is
a major problem and that in no way should Bayfield County sponsor or participate in something
that will damage our youth.
McGillivray questioned Lind as to how long the races last.
Lind answered that they would last approximately four hours.
McGillivray also questioned what method the beer is to be sold by.
Lind answered that the beer will only be sold in one controlled and policed area and proof
-of age would be required in order to purchase beer.
August 5, 1980
Rosalind Wilcox, secretary for the Racing Association, and 4-H leader, next addressed the
board stating -that she has seen the smuggling of alcohol into the fairgrounds. She felt that if
you sell the alcohol in a controlled area with extrapolicing there would probably be less of a
chance of smuggling into the fairgrounds.
Wallace Johnson stated that this is a county sponsored event for the youth in the area and
the county should not take a part in the selling of beer at an event for the youth.
Moved by Bromberg and seeDnded by Rave to reconvene as a county board. Motion carried.
The question was asked on the motion to deny the request of the Racing Association to
sell beer during the races on the fairgrounds. A roll call vote was taken with the following
results: No. 16d
Ayes - Erickson, Meierotto, Barningham, Strom, Rave, Johnson, Sechen, Carter, Anderson, Ludzack
Nayes - Bromberg, Maki, McGillivray, Seidel, Soderstrom, Diamon, Wickman, Renoos
Absent - None
Ayes - 10
Nayes - 8
Absent - 0
TOTAL 18
Motion carried.
The -following resolution was read: No. 17
RESOLUTION BY BAYFIELD COUNTY BOARD OF.SUPERVISORS OBJECTING TO WISCONSIN STATE STATUTE 146.70
REQUIRING COUNTY AND LOCAL GOVERNMENTS TO APPROPRIATE AND EXPEND FUNDS WITHOUT STATE FINANCIAL
ASSISTANCE.
WHEREAS, The Wisconsin State Legislature enacted into law 146.70, Wis. Stats., effective
May 24, 1978, relating to the establishment of a statewide emergency services telephone number
system; and
WHEREAS, 146.70, Wis. Stats., directs that every public agency, except a state agency, shall
establish and maintain an emergency services telephone number system within ,its respective
jurisdiction; and
WHEREAS, The Department of Administration's recommendations and report required by Chapter 392,
Seca 4(2)-, Laws of.1977, do not -provide for the subsequent appropriation of state funds to ease
the fiscal impact of implementation of emergency services relephone number systems upon county
and local governments.
NOW, THEREFORE, BEf,IT RESOLVED, That the Bayfield County Board of Supervisors hereby advises
the Wisconsin Legislature of its objection to the enactment of 146.70, Wis. Scats., which requires
the appropriation and expenditure of funds by county and local governments without the benefit
of state financial assistance.
BE IT. FURTHER -RESOLVED, That the,County Clerk be directed to send a copy of this_ resolution
to the Wisconsin County Boards Association, and .all area legislators.
SIGNED: Maki, Wickman, Anderson, Ludzack, Barningham
Moved by Ludzack and seconded by Maki to adopt the resolution. Motion carried.
The following resolution was read No. 18
WHEREAS, Section 146.70 of WISCONSI N STATE STATUTES directs that every public agency, except
a state agency, shall establish and maintain within its respective jurisdiction by December 31, 1981,
August 5, 1980
a basic or sophisticated emergency telephone system; and
WHEREAS, Section 146.70 (11)(b) states that on or before January 1, 1981, every public agency
shall submit tentative plans for the establishment of a basic or sophisticated system to the tele-
phone utilities providing service and the Department of Administration; and
WHEREAS, Section 146.70 (11)(b) also states that on or before January 1, 1983, every public
agency shall submit final plans for the establishment of such system to the telephone utilities.
and the Department of Administration and shall provide for the implementation of the plans by
December 31, 1987; and
WHEREAS, It is in'the best interests of Bayfield County citizens and visitors that a county-
wide 911 emergency telephone system be developed.
NOW, THEREFORE, BE IT RESOLVED That the Bayfield County Board of Supervisors hereby directs
the 911 Planning Coordinator to proceed with the study of an operational 911 system for Bayfield
County. This study to include costs and impae,t.on all emergency response services.
BE IT FURTHER RESOLVED, That $1,500.00 (One thousand five hundred dollars) be transferred from
the contingency fund into -the Emergency Government fund for the payment of costs incurred in
this developmental study®
SIGNED: Maki, Wickman, Anderson, Ludzack, Barningham
Moved by Bromberg and seconded by Strom to adopt the resolution.
A roll call vote was taken with the following results: No. 18a
Ayes - Meierotto, Barningham, Bromberg, Maki, McGillivray, Seidel, Strom, Rave, Sechen, Diamon,
Anderson, Wickman, Ludzack
Nayes - Erickson, Soderstrom, Johnson, Carter, Renoos
Absent - None
Ayes - 13
Nayes - 5
Absent - 0
TOTAL 18
Motion carried.
Moved by Erickson and seconded by Johnson to adjourn for lunch. Motion carried:
The meeting was called back to order at 1:10 p.m. by Chairman Barningham.
The following members answered roll call: No. 19
Present - Erickson, Meierotto, Barningham, Bromberg, Maki., McGillivray, Seidel, Strom; Rave,
Soderstrom, Johnson, Sechen, Carter, Diamon, Anderson, Wickman, Ludzack, Renoos
Absent - Nofie
Preset - 18
Absent - 0
TOTAL 18
No. 20
Don Wilson from the Department of Transportation, next -addressed - the board asking them to
take some official action to consider in the 1981 budget a specific level of funding for the
proposed transportation system. The specifid level they were askingfor.-would be.$6,100. Ashland
County's share of the cost would be $7,500.
Don Chatfield, Department of Transportation, then passed out a handout showing the division
of cost between the various cities and counties.
Bromberg stated that the Unified Services Board has been looking for ways to.save money and
this proposed transportation system would give them a considerable savings in the cost of trans-
porting the developmentally disabled clients.
August. 5 , 1980
Renoos questioned what we�are paying per mile to provide these services..
Bromberg answered that we pay for'one`van approximately $3,500 plus 25� per mile plus the
driver.
Renoos stated that his chief complaint was the breakdown of cost between Ashland and Bayfield
County. Renoos further added that the city of Ashland's share for the system would only be
$1.,86-2 while Bayfield County's share would be $3,761.
Soderstrom then stated that the southern part of the county will not benefit from this
transportation system at all, therefore, he could not see why they;should-be made to pay for it.
He suggested that only the towns and cities that benefit from the system should pay for it.
Seidel questioned about the machinery to be used and the schedules.
Wilson answered that there will be three buses; two in continual operation and one for a
back-up. Wilson also stated that each of the two operating buses would make three round trips
per day.
Moved by Erickson and seconded by Rave that the Bayfield County Board go on record today
indicating their intent to consider favorable action in adopting the 1981 budget which would
include an appropriation of $6,100 for the rural transportation program.
A roll call vote was taken with the following results: No. 20a
Ayes - Erickson, Meierotto, Barningham, Bromberg, Maki, McGillivray, Seidel, Strom, Rave, Johnson,
Sechen, Diamon, Anderson
Nayes - Soderstrom, Carter, Wickman, Ludzack, Renoos
Absent - None
Ayes - 13
Nayes - 5
Absent - 0
TOTAL 18 Motion carried.
The following resolution was read: No. 21
WHEREAS, The Canaan Fellowship represented by Fred.Rodman has met with the Executive Committee
of the County Board and proposed a lease agreement to provide for leasing the doctors' residence
and the nurses' residence at the Pureair Sanatorium Property and
WHEREAS, SanPointe Properties represented by John Wroblewski has also met with. the Executive
Committee of the County Board and has proposed a lease agreement to provide forleasingthe
doctors' residence at the Pureair Sanatorium Property and
WHEREAS, The Executive Committee has given much consideration to both proposals, and
WHEREAS, It is the intent of Bayfield County to 8gain offer for sale the Pureair Sanatorium
Property as soon as certain legal.matters are resolved and
WHEREAS, The Executive Committee is of the opinion that leasing and occupying the property
might result in some complications when the property is offered for sale, now therefore be it
RESOLVED, That none of the Pureair Sanatorium buildings be leased for occupancy until further
action of the county board..
SIGNED: Johnson, Carter, Meierotto, Seidel, Renoos; Barningham
Moved by Meierotto and seconded by Seidel to adopt the resolution.
Motion carried.
August. 5., 1980
The following letter: was read: No..22'
Camp Horseshoe on Horseshoe Lakes
MinQng, WI 54859
Chairman: Bayfield County Board
Washburn, WI 548.91
Dear Board Members: -
I am writing to you for all the boys.that:attend Camp,Horseshoe each.summer in regard to the
proposed DNR acquisition of the Bibon Swamp.
We would like to go on record as being against the proposal...
For many years, Camp Horseshoe has owned the SW4 of the NW-4 of Section 18-T 45N-R 6W in
Grandview Township. Theboys of Camp Horseshoe have built_ a primitive campsite on the property
and enjoy the use of the area many times during the summer months. They have also constructed
a sign welcoming all and asking cooperation in. keeping the area. clean and. natural... This has
been very successful and besides teaching the boys ecology and conservation they have learned
that other people µsifag the out-of-doors can be as considerate of nature as they have learned to be.
We all feel that the DNR which already has 66 feet on the stream really needs no more to properly
manage the fish population. Our further experiences, over the years, have been that the private
land owners have done an .excellent job in keeping things natural and allowing others to make use
of their land. The DNR cannot better this record.
We hope that you will agree that private ownership is a keystone of the American way of life and
that government ownership, necessary in some instances, is not the only answer.
The 180 boys of Camp Horseshoe hope that you will not give in to the DNR on this issue and that
they will be allowed this piece of your county to continue to remain, as it has been in the past.
Respectfully,
Robert P. Mercier.
Moved by Anderson and seconded by Wickman to receive the letter and place it on file.
No. 23
Bob Becker, Department of Natural Resources, next addressed the board•on the Bibon Marsh
area. He spoke briefly on the results of the environmental impact statement before introduing
Bill Richi to the board who would give more detailed information about the study.
Bill Richi first presented to the clerk two summary reports and copies of all the responses
from the environmental impact statement. Some of ;the issues that were brought up from the environ-
mental Impact Statement were:: the carrying capacity --how many people the Bibon Marsh can accomodate
what will be the future use of the marsh; mining in'the marsh area --which was, not generally
accepted; and the snowmobiling issue --on which some people -felt that snowmobiles were not consistent
with what a natural area is all about.
Anderson then questioned if these responses LWere responses received over a period of years
or just from these previous meetings.'. �' ' -
Richi answered that these particular responses were just responses from this environmental
impact statement. He said, however, -that all responses that have been received will be taken
into consideration. Clerk Pajala told the board that he wound make copies of the two summary
reports and :of all the responses for allithe-county board members.
This concluded the presentation on the Bibon Marsh area.
No. 24
D. E. Stanius; architect, next addressed°'the board -on: the renovation!of the old Rest Home
into a jail facility. Stanius told the board that he has made some changes in the floor plans
since Sheriff Fredericks, Ralph DiSalvo and himself made a trip to look at the Hayward jail facility
Qk," --b
mc�-L�j
F--'Da,oKNw
Stanius stated that there will be a different cell arrangement, and the showers.will be moved
from-the,dayroom,-; he stated that the changes he wished to make would take,two feet off the
building.which would result in a savings of money for the county.
Clerk Pajala then questioned Wallace Johnson if he felt the Executive Committee could
handle the matter of the construction of the jail facility up to the bidding stage or whether
I
he thought that it.would be adviseable for the county board to authorize the committee to call for
bids on construction.
Johnson said that it would be appropriate if the county.board would authorize the committee
to proceed through the bidding stage.
A motion was made by Bromberg and seconded by Maki to give the Executive Committee the
authority to`carry the jail construction project through the bidding stage.,
Motion carried.
It was pointed out that the county board would give the final approval or disapproval for
the bids.
The following resolution wastread: No. 25
WHEREAS, The Merit System governing the employees of the Social Services Department was
revised January 1, 1980 placing the position of Homemaker II in the same salary category as
Income Maintenance Workers, and
WHEREAS, The salary of the Income Maintenance Workers is $5.00 more than the Homemaker II
position, therefore
BE IT RESOLVED, By the Bayfield County Board of Supervisors in session this 5th day of
August, 1980, that the salary of Agze.s Oreskovich, Homemaker II, be increased from $1,011.22 per
month to $12016.22 per month retroactive to'January,. 1, 1980.
Presented By: Anderson, Johnson, Strom, Sechen
Moved by Strom and seconded by Johnson to adopt- the resolution.
A roll call vote was taken with the following results: No. 25a
Ayes - Meierotto, Barningham, Bromberg, Maki, McGillivray, Strom, Rave, Soderstrom, Johnson,
Sechen, Carter, Diamon, --Anderson, Wickman, Ludzack, Renoos
Nayss. - None
Absent - Erickson, Seidel.-,_:
_ _ _ Ayes -16
Nayes - 0
Absent - 2
TOTAL' 18 Motion carried.
The following resolution was read: No. 26
i
WHEREAS, An administrative review of the Social Servies Department recommended improving
administration of the Income Maintenance Program, and
WHEREAS, The Social Services Board created the position of Income Maintenance Lead Worker
and recommended Mr. John Wilson of the Agency to be advanced to this level, therefore
BE IT RESOLVED, By the Bayfield County Board of Supervisors in session this 5th day of
August, 1980, that the salary schedule for the position of Income Maintenance Lead Worker be
established at $1,018.00, starting salary; $1,068.00 six months salary; $1,118.00, eighteen months
salary, therefore
-August S. 1980
BE IT FURTHER RESOLVED, That since.this'position was approved by the State effective January 1,
1980, that Mr. Wilson be granted a salary increase from his present salary to $1,068.00 retroactive
for the period January 1, 1980, through June 30, 1980, and that effective July 1, 1980, his salary
be increased to $1,118.00 .
Presented By: Anderson, Johnson, Strom:; Sechen
Moved -by Johnson and seconded by Bromberg to adopt the resolution.
A roll call vote was taken with the following results: No. 26a
Ayes - Meierotto, Barningham, Bromberg, Maki, McGillivray, Seidel, Strom, Rave, Soderstrom, Johnson,
Sechen, Carter, Diamon, Anderson, Wickman, Ludzack, Renoos
Nayes - Erickson
Absent - None Ayes - 17
Nayes - 1
Absent - 0
TOTAL 18
Motion carried.
The following resolution was read: No. 27
WHEREAS, Over a period of years, Bayfield County has entered certain -lands bordering on rivers
in the county park system and
WHEREAS, Such lands cannot be offered for sale and
WHEREAS, It does not appear to be in the best interest of Bayfield County to continue holding
the following lands in the county park system, now therefore be it
RESOLVED, That the following lands be withdrawn from the county park system and the Land
Sales Committee be authorized to sell said lands in the usual manner:
NW NW, SW NW, NW SW - All in Section 20-50-7
SW SW North of Hanson Creek, Section 36-46-7
NE
SE,
NW
SE
- Both
in Section
2-47-5
SW
SE,
SE
SE
- Both
in Section
20-47-6
NE SE, NW SE, SW SE, SE SE - All in Section 21-47-6
NW NE,'SW NE - Both in Section 15-45-5
NE NW - Section 8-49-9
LAND SALES COMMITTEE: McGillivray, -Erickson, Soderstrom, Renoos, Meierotto, Barningham
Moved by Anderson and seconded by Soderstrom to adopt the resolution..
Diamon then stated that too much county land is being bought, pulped out and then entered under
forest crop lands which does not provide a tax base for the county.
Clerk Pajala then explained the process of entering lands under the county park system.
A roll call vote was taken with the following results: No. 27a
Ayes - Erickson, Meierotto, Barningham, Bromberg, Maki, McGillivray, Seidel, Strom, Rave, Soderstr
Johnson, Sechen, Carter, Diamon, Anderson, Wickman, Ludzack, Renoos
Nayes - None
Absent - None
Ayes - 18
Nayes - 0
Absent - 0
TOTAL 18
Motion carried.
u
5:. 1980
The following resolution was read: No. 28
WHEREAS, The Bayfield County Board did upon the request of the Wisconsin Department of
Natural Resources on September 26, 1972 approve the withholding from sale of certain lands
lying within the boundaries of the Bibon Marsh Watershed Area and
WHERAS, The Wisconsin Department of Natural Resources has revised said boundaries and many
of the descriptions of county owned land lying within the area are no longer within the boundaries
of said Bibon Marsh Watershed Area and
WHEREAS, It is deemed to be in the best interest of Bayfield County to release for sale
those lands that lie outside of the present boundary of the Bibon Marsh Watershed Area; now
therefore be it
RESOLVED, That the following lands be released for sale and that the Land Sales Committee
is hereby authorized to advertise the following lands for sale in the usual manner:
Section 25-45-6
NE NW
NW -:-NW
SE NW
NE SW
SE SW less 3.10 A. R.R.
NE SE
NW SE
Section 32-45-6
SW NE
SW NW
SE NW
NE SW
NW SW
SW SW
SE SW
NW SE
SW SE
Section 5-45-5
SE SW
Section 26-45-6
SW NE less 3.10 A. R.R.
SW NW
SE NW
NE SW
NW SW
SW SW
SE SW
NW SE
SW SE
SE SE
Section 35-45-6
NE NW
NW NW
SW NW
NW SW
Section-7-45-5
NE NE
NW NE
SW NE
SE -NW
NE NW
NW NW
SW NW
SE NW
NE SE
NW SE
Section 29-45-6 Section 31-45-6
SW NE, SE NE, SE NW
NW SE NE SW
Section 36-45-6
NW NW
SW NW
NE SE
SE SE
Section 34-46-6
NQUIM
LAND SALES COMMITTEE: McGillivray, Erickson, Soderstrom, Renoos, Meierotto, Barningham
Moved by Erickson and seconded by Meierotto to adopt the resolution.
A roll call vote was taken with -the -following results: No. 28a
Ayes - Erickson, Meierotto, Barningham, Bromberg, Maki, McGillivray, Seidel, Strom;- Rave, Johnson,
Sechen, Carter, Diamon, Anderson, Wickman, Ludzack, Renoos
Nayes - None
Absent - None
Ayes - 18
Nayes - 0
Absent - 0
TOTAL 18
The following resolution was read: No. 29
Motion carried.
WHEREAS, The county Personnel Committeo, has been authorized by the County Board to negotiate
a labor agreement between Bayfield County and the Sheriff's Department deputies and also between
Bayfield County and the Bayfield County'Sheriff's Department dispatchers; said deputies and dis-
patchers being represented by Local Union,No. 346 and
WHEREAS, The Personnel Committee and deputies and dispatchers have reached an agreement
providing for increases in salary and other fringe benefits and
August 5, 1980
WHEREAS, The said agreements provide among,other.things that.the cost„of living salary
adjustment.be discontinued effective January 1, 1980, and
WHEREAS, Said -agreement also provides for an increase in monthly salary to the deputies equal
to 75� per hour and an $800. bonus to. all. deputies employed as of. January. 1, 1980, and -prorated to
those deputies who became employed after January 1,. 1980, and before May 1, 1980, and a monthly
increase in salary -to the dispatchers equal to 60� per hour and a bonus of $600 to all dispatchers
who were employed as of January 1, 1980; and the agreements further provide that the deputies shall
receive a $10 a month meal allowance in addition to.the $40 per month meal allowance which has
been in the past included as'part of the salary, the agreements further providing that the total
amount of $50 will be considered as a meal allowance and not part of the deputies regualr monthly
salary, and
WHEREAS, The agreements further provide that the deputies and dispatchers shall be paid in
the event of unemployment due to a job related injury or accident an amount equal to the differencE
between the worker's compensation benefits and the regular salary and
WHEREAS, The agreements also provide for certain minor language changes in the contract and
other minor financial benefits, now therefore be it
RESOLVED, That the Bayfield County Board is session this 5th day of August, 1980, approve the
agreements between Bayfield County and the Bayfield County deputies and dispatchers represented
by Local Union No. 346 and that the proper officers be authorized and directed to sign the agree-
ments, and be it -further
RESOLVED, That the County Clerk be authorized to make payment to the deputies and dispatchers
for all retroactive pay and bonus pay to said deputies and dispatchers upon approval of this
resolution.
PERSONNEL COMMITTEE: Strom, Erickson, Johnson, Anderson, Sechen, Barningham
Moved -by Erickson and seconded by Diamon to adopt the resolution.
No. 29a
Moved by Diamon and seconded by Renoos to amend the resolution by replacing the word "and"
with a comma at the end of the 5th paragraph, and adding the following, "said payments not to
exceed.a period of 12 months, and".
Motion carried.
A roll call vote was taken on the resolution as amended with the following results: No. 29b
Ayes - Erickson, Meierotto, Barningham, Bromberg, Maki, McGillivray, Seidel, Strom, Rave, Soderstror
Johnson, Sechen, Carter, Diamon, Anderson, Wickman, Ludzack, Renoos ,
Nayes - None
Absent - None Ayes - - 18
Nayes - 0
Absent - 0
TOTAL 18 Motion carried.
No. 30
Moved by Meierotto and seconded by Strom ,to bring Resolution No. 13 back on the floor for
action.
Moved by Seidel and seconded by'Johnson to adopt the resolution..
A roll call vote was taken with the following results: No. 30a
Ayes - Erickson, Meierotto, Barningham, Bromberg, Maki, McGillivray, Seidel,Strom, Rave, Soderstrom,
Johnson, Sechen, Carter, Diamon, Anderson, Wickman, Ludzack, Renoos
Nayes None
Absent - None
Ayes - 18
Nayes - 0
Absent - 0
TOTAL 18
Motion carried.
August 5, 1980
Uo-ID,"-4o
a
The following resolution was read: No. 31
WHEREAS, Recent repairs to U.S. Highway 2 which were intended to correct conditions contribut-
ing to accidents caused by periodic slippery conditions have resulted in continually slick and
oily sections of the highway which have contributed to a number of accidents, and
WHEREAS, The Bayfield County Board considers this a significant and critical problem which
should be repaired at the earliest possible time to avoid serious injuries or fatalities, now
therefore be it
RESOLVED, That the Bayfield County-Board'requests the Wisconsin Department of Transportation
to make these critical repairs to U.S. Highway 2.at.the earliest possible time.
SIGNED: Erickson, Rave, Soderstrom, Anderson, Diamon
Moved by Diamon and seconded by Wickman to adopt the resolution.. Motion carried.
No. 32 and 32a
Clerk Pajala told the board that through an oversight the following two communications were
read during the discussion on the transportation system but they had both previously been
brought to the attention of the county Development and Land Sales Committee. Pajala further
stated that he was of the opinion that the communications should both be read and made a part of
the record.
Ashland Area Chamber of Commerce
July 31, 1980
Bayfield County Board of Supervisors
117 E. 5th
Washburn, WI 54891
Gentlemen:,
On behalf of the Board of Directors of -the Ashland Area Chamber of Commerce, I would like to
voice our unanimous support of the proposed Chequamegon Bay Transportation System.
Aside from the benefits derived by Highway 13 corridor residents regarding medical, educational
and service center accessibility, the proposed transportation plan also carries a tremendous
energy savings to those Ashland and Bayfield County residents who must commute, -for employment
purposes, to area served by the proposed transportation plan. Senior citizens; handicapped persons
and non -drivers would also benefit from the greater accessibility to required services, family and
friends outside of their immediate residential area.
Benefits to -the tourism industry are also far reachingo Through a transportation system; larger
numbers of people can be transported more efficiently and comfortably, offering greater accessib
ty to the Apostle Islands National Lakeshore, Madeline Island, Washburn and Bayfield.
Realizing that unanimous support from various governmental agencies and communities is essential
for the proposed Chequamegon Bay Transit System to work successfully, we urge the Bayfield County
Supervisors to favorably consider this proposal.
Please know that the Ashland Chamber supports the concept of mass transportation on the Highway 13
corridor. We will do what we can, within our means, to work towards a successful and result.
Sincerely,
Lee Jensen
Executive Direct(ix
City of Ashland
City Hall
Ashland, WI 54806
Bayfield County Board
Mr. Ed Pajala, Clerk
Washburn Court House
119 Washburn Ave.
Washburn, WI 54891
Gentlemen:
I noted of great interest the article in the July 12, 1980, Daily Press concerning Bayfield
County's participation in a Regional Bus Service system proposed by Wisconsin Department of
Transportation representatives.
If indeed the City of Ashland was contributing only $1,390.00 for the first six months of such
service, then I would consider your concerns valid. -However, the actual contribution from
the City of Ashland to the system is $14,400.00 which is larger than any other single contributor
to the system.
August '5, 1980
e*L.4 io:
uea�,
7, CmA-kj
It is only through Ashland's eligibility to obtain both Federal Section 18 funds and State Section
85.05 funds that the actual amount paid from City funds is reduced to $1,390.00. The amount to
be paid into the system remains at $14,400.00. The balance of $13,010.00 goes directly to the
operatiaz_of this system as 90.3 percent of the City's share.
Ashland's eligibility to obtain these funds is a boon to the entire system and adds substantially
to the feasibility'of such a system. I call your attention to Mr. Wilson's published comment,
"That unless the City of Ashland purchases services from the system, the operating deficit will
increase."
The system, as proposed by Wisconsin Department of'Transportatin, gives all of us the opportunity to
realize mutual benefits through cooperation. By pooling our resources, we can provide mass transit
services to the people we represent more�eco,nomically than any single effort to provide the same
service.
I strongly urge your support of such a system. I will be happy to meet with you and the Members
of the Board at anytime todiscussthis vital_project.
-
Looking forward to working with you, I remain,
Sincerely,
Edward G. Wagner, Mayor
EGW/pmh
CC.: Don Wilson, Dept.- of Transportation
Daily Press Peoples Forum
Moved by Renoos and seconded by Johnson to receive the letters and place them on file. Motion
carried.
The following -resolution was read: No. 33
WHEREAS, Bayfield County has the responsibility of providing at least one.Radiological Defense
Officer (RDO) who would assist the Emergency Government Coordinator in the planning, development,
and -implementation of a detailed radiological defense (RADEF) program; and
WHEREAS, The mission of the Radiological Defense Officer is as principal technical advisor
to the Emergency Government Coordinator and the head of the government on matters pertaining to
radiological defense against nuclear attack and peacetime emergency response; and . 11
WHEREAS, The State Division of Emer.geney Government.is offering a Radiological Defense
Office/Monitor Instructor course scheduled forgone week during the month of September, 1980;and
WHEREAS, The State Division of Emergency Government _has limited enrollment.in the above
mentioned course to those persons meeting the following requirements:
1. The student must be a full-time government- employee who has made a commitment to serve
in the Radiological Defense Officer capacity when called upon for planning, exercising, or
further training; and
2. The supervisor/director of this employee must make a commitment to provide this person
to the Emergency Operating Center (EOC) staff of the government unit for the purpose of meeting
program requirements�of planning; exercising, or further training; and
WHEREAS, It is in the best intrests of the citizens of Bayfield County that a Radiological
Defense Officer be identified and trained; and
WHEREAS, Timothy J. Smith, currently employed as full-time Recreation Director and Snowmobile
Coordinator for Bayfield County, has agreed to make the above commitment as Radiological Defense
Officer.
NOW, THEREFORE, BE IT RESOLVED, That the Bayfield County Board of Supervisors hereby approves
of Timothy J. Smith as Radiological Defense Officer for Bayfield County..
BE IT FURTHER RESOLVED, That the Bayfield County .Board of Supervisors makes the commitment
of Timothy J. Smith's time to the radiological defense program as Radiological Defense Officer.
BE IT FURTHER RESOLVED, That the Bayfield County Board of Supervisors hereby agrees that
Timothy J. Smith may utilize normal working hours in order to fulfill the -responsibilities of
the Radiological Defense Officer position.
BE IT FURTHER RESOLVED, That .the Bayfield County Board of Supervisors agrees that at no time
i
August.5, 1980
-and=under any circumstances will Timothy J. Smith participate in or take,an.y further resonpsibili-
ties in the civil defense/emergency government program .other than those activities involving
radiological defense.
BE IT FURTHER RESOLVED, That the Bayfield County Board of Supervisors hereby allows Timothy
J. Smith, as part of his normal duties, to,pa.rticipate in required training, including the
Radiological. Defense Officer/Monitor Instructor. course, with no loss of benefits or salary that
are received in his,position as Recreation Director/Snowmobile Coordinator.
EMERGENCY GOVERNMENT COMMITTEE: Maki, Wickman, Anderson, Ludzack, Barningham
Moved by.Maki,and seconded by Wickman to.adopt the resolution® Motion carried.
The following letter was read: No. 34
Hagness Law Offices
G�i ' 148 North Eau Claire St.
P.O. Box 89
'Mondovi, WI 54755
July 29, 1980
Bayfield County Board
c/o Bayfield County Clerk
Courthouse
Washburn, WI 54891
In re: Mr. Virgil Neis
A parcel of land located in the Southwest Quarter of the Southeast Quarter of Section 4,
Township 50, Range 7 North, Town of Clover, County of Bayfield, State of Wisconsin.
Dear Sir:
I am contacting you in behalf of Mr. Virgil Neis,eoncerning 1973 taxes which have not, to date,
been paid by Mr. Neis over the above described property.
Apparently a registered letter was sent to Mr® Neis concerning his taxes on this property. How-
ever, Mr. Neis never received this letter because of his change in address. Mr.-Neis would
request that he be given the opportunity to redeem this property. I would greatly appreciate the
Board's consideration of this matter at its August 5 meeting.
Should there be any questions or comments with respect to this matter, please contact me
immediately. Thank you for your consideration.
Repectfully yours,
SCOTT NICASTRO
SN: , pft .
cc: Mr. Virgil Neis
Moved by Seidel and seconded by Strom to allow the redemption of the property.
Renoos then suggested that a restoration fee be charged for such requests.
The question was asked on the motion to allow redemption on the above described parcel.
Motion carried.
0-tj The following claim and letter were read: No. 35 and 35a
-
ak UrI IA-0 CLAIMS OF DARYLE GUSS
against BAYFIELD COUNTY, WISCONSIN
The above,named person hereby makes claim against Bayfield County,.Wisconsin, pursuant to
the provisions of Wisconsin Statutes with reference to the injuries suffered by Daryle Guss on
September 2, 1979. An accident took place on State Highway No. 13 in the town of Barksdale,
Bayfield County, Wisconsin, at reference point 13N/310. The claimant, Daryle Guss, was a passenger
in a vehicle driven by Daniel J..Nemec. The vehicle was travelling south on State Highway #13,
the highway at that point was a two lane highway. That the vehicle in which the claimant was
a passenger dropped the -right tires off the roadway into a rut between the shoulder and the
highway, as said vehicle re-entered the roadway, it skidded sideways, crossed the southbound
lane, into the northbound land and'path of a vehicle driven'by Thomas E. Nelson of Ashland, Wisconsin
resulting in a collision between the Nemec vehicle and the vehicle driven by Thomas Nelson. The
claimant Daryle Guss received severe injuries including the following:- Injuries to the head,
pelvis, right scapula, right fibia, and the transverse processes on the right L-4 and L-5, fractures
initially treated by an orthopedic surgeon of Duluth, Minnesota, as well as liver laceration, and
this hospitalization in Duluth, Minnesota was followed by an extensive hospitalization at Mem-
orial Medical Center in Ashland, Wisconsin; that the claimant has incurred medical expense.
That the said'Bayfield County was negligent'in'the'following respects: a. that it failed to
maintain this portion of the roadway; b. that it allowed a rut to develope alongside the roadway
due to heavy traffic and weather conditions; c. that it failed to correct this situation even
though other accidents caused by the same factors have occurred .an what is commonly known as the
'IS -curve" and the county has had knowledge and'it*has through an' effort to save money, its careless-
ness, or wanton disregard for safety, refused to correct and maintain the shoulder and roadway.
That claimant's damages including permanent injury, pain and suffering, loss of work, etc.,
exceed $500,000. That in accordance with Wisconsin Statutes Section 895.43, this claimant seeks
recovery for his actual and special damages in the maximum amount of $25,000 against the County,
together with punitive damages of $475,000.00
All these claims are made by the claimant, Daryle Guss, who is an adult.
Signed: Daryle Guss
William Bussey
District Attorney
Bayfield County
-Washburn, WI 54891
July 31, 1980
Dated: July 9, 1980
Mr. Edward A. Pajala
County Clerk
Bayfield County Courthouse
Washburn, WI
Dear Ed:
I have reviewed the attached claim of Daryle Guss and I recommend that the County Board deny the
claim. I also recommend that our, insurance company be advised of the Board's action on the claim
and be provided with a copy of it.
Sincerely yours,
William D. Bussey
WDB:is
Enclosure
Moved by Carter and seconded by Diamon that the claim be denied. Motion carried.
C4".)1 The following communication was read: 'No. 36
'Northwest Regional Planning Commission
�302 Walnut St.
Spooner, WI 54801
1.) Project Title: Totagatic Lake Wildlife Area - Master Plan 2.) Applicant: Wisconsin Department
of Natural Resources, P.O. Box 7921, Madison, WI 53707 3) Contact Person: John Keener, Director,
Bureau of Wildlife Mgmt. 4) Description: It is the major goal of the project tomaintain the
Totagatic.Lake Wildlife Area for public hunting and fishing, provide wildlife protection and
maximize production bf wild rice for water -fowl.
Present'DNR fee ownership
Totagatic Lake
Lands to be purchased
T43N, RBW, Sec. 29
Gvt. Lot 1 & 3
Projected total lands in
DNR ownership
620.14 acres
537.00 acres
38.90 acres
33.50 acres
86b.20 acres
Moved by Carter and seconded by Maki to refer the matter to the Conservation Committee and
Land Sales Committee and report back to the county board. Motion carried.
The following correspondence was read: No. 37
Chequamegon National Forest
Park Falls, WI 54552
June 13, 1980
Reply to: 5420 Purchase::
To: Bayfield County Board of Supervisors
Courthouse
Washburn, WI 54891
Gentlemen:
This is to -inform you of the -intent of Deloris B..Atkinson, Personal Representative of the Estate
of Versa Hornbeck, deceased, to sell the following tract of land to the United States:
T44N, RBW, Section 12, N2SWµ, Township of Drummond, Bayfield County
We thank you for your interest in National Forest programs.
Sincerely yours,
WILLIAM BYERS
Lands Staff Officer
Moved.�by Seidel and seconded by Diamon to receive the correspondence and place it on file.
Motion carried.
The following letter was read: No. 38
40 W teA
Bayfield County Sheriff
Washburn, WI 54891
June 4, 1980
Walter Barningham, Chairman
Bayfield County Board
Courthouse
Washburn, WI 54891
Dear Mr. Barningham:
I have been requested by the regional office of the Emergency Medical Service to advise you of
the following: The Regional EMS Committee is made up of delegates from eight counties. This
county is obligated to have a member of the Bayfield County Board serve in this capacity.
Formerly Wayne Sellung held this position. Under the existing circumstances, it is necessary
to appoint a replacement.
Thank youfor your attention to this matter.
Very truly yours,
R.W. Fredericks
Bayfield County Sheriff
RWF. df
cc: Edward Pajala, County Clerk
Barningham then informed the board that he wished to appoint Harold Wickman to the EMS
Committee.
Moved by Johnson and seconded by Bromberg to confirm the appointment of Wickman, Motion
carried.
The following letter was read: 'No. 39
Wisconsin County Forests Assoc., Inc.
S.R. Box 856.
Niagara, WI 54151
July 9, 1980
Mr. Walter Barningham
Bayfield ,County
Courthouse
Washburn, WI 54891
Dear Mr. Barningham:
On behalf of the Wisconsin County Forests Association I wish to convey appreciation for the
outstanding hospitality and excellent accomodations provided our group during our two-day Forest
Administrators tour of Bayfield County on Jitne 26-27.
Our records indicate that approximately 85 persons from 20 counties participated in this fine:,
tour which provided a first hand look at a portion of Bayfield County's forestry operations and
recreational facilities.
The planning and execution of allthe details attendent to the tour were handled superbly by the
people of your county and in this regard we wish to offer our special thanks -to -your forestry
committee members and to Bill Hepner and his staff for the time and attention they contributed
toward making the 1980 tour stand out as a truely memorable event in the history of our organiza-
tion.
Very sincerely yours,
Will L. Leslie
Executive Secretary
cc: Eugene Schmit_, Jr., President, Wis..County Forests Assn.
Ron Herman, Chairman, Wis. County Forests.Administrators
Moved by Meierotto and seconded by Bromberg to receive the letter and place it on file.
Motion carried.
The following letters were read: No. 40, 40a, 40b
Bayfield County Clerk
Courthouse
Washburn, WI 54891
Dear County Clerk and County Highway=Commissioner
Subject: Estimated 1980-81 Transportation Aids
October, January, April and June Equal Payments
In accordance with 84.01(16) of the Statutes, we are required to notify each county clerk of the
transportation aids to the county for the following fiscal year.
This is only an estimate of your 1980-81 aids which will be based on a combination of 2 years
of actual reported costs and 4 years of average costs shown in the statutes.
1980-81 Estimate: $ 376,997.65
If you have any questions regarding your estimate contact Ted Stephenson at (608) 266-2934.
Reminder: Amended cost forms for 1978 or 1979 which are received by September 2 will be
reflected in your fiscal 1981 aids payments.
State of Wisconsin
Department of Transportation
4802 Sheboygan,Ave.
Madison, WI 53702
Bayfield County Clerk
Courthouse
Washburn, WI 54891
Pursuant to Wisconsin State Statute 85.30 payment for local transportation aids has. -been distributed
to the Treasurer in the amount of $94,249.42 .
Fourth Quarter of Fiscal Year 1980
County of Bayfield
State of Wisconsin
Department of Transportation
Madison, WI 53702
June 12, 1980
Bayfield County Clerk:
Estimated 1981 Allotment for State Trunk Highway System
You are hereby notified that the estimated allotment_in.the fiscal.year ending June 30, 1981, under
provision of Section 20,395.(3aq) 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 this department, such allotment has previously been authorized
to be advanced and committed.
No further action is required with reference to such previously approved advance.
Sincerely,
Bert E. Morelock, Director
Bureau of Accounting and Auditing
Moved by Bromberg and seconded by Seidel to receive the letters and place them on file.
Motion carried.
n
No. 41
Next discussed was the Equalization Meeting set for August, 27, 1980. Clerk Pajala questioned
the board if they wanted to meet as 4 full county":bbiard or if the Executive Committee would act
as the Equalization Committee.
,Moved by Bromberg and seconded by Rave that the Executive Committee act as the Equalization
Committee. Motion carried.
No. 42:
Moved by Siedel and seconded by Bromberg to adjourn. Motion carried.
Walter Barningham, County oard Chairman
ward A. Pajala, Bayfierla'County Cler