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HomeMy WebLinkAboutCounty Board of Supervisors - Minutes - 4/21/1981t f' it -21, 1981 BAYFIELD COUNTY BOARD OF SUPERVISORS April 21, 1981 The meeting was called to order at 9:34 a.m. by Chairman Walter Barningham. The following members answered roll call: No. 1 Present - Erickson, Meierotto, Barningham, Sneed, Maki, McGillivray, Seidel, Mattson, Rave, Soderstrom, Johnson, Sechen, Carter, Anderson, Wickman, Ludzack, Renoos Absent - Diamon Present - 17 Absent - 1 TOTAL 18 No. 2 A prayer and pledge of allegiance were led by Larry Seidel, Board member. No. 3 Moved by Rave and seconded by Wickman to dispense with the reading of the minutes of the previous meeting. Motion carried. The following report was read: No. 4 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 of the facts pertinent to the proposed changes, hereby rec.9mmends that the petitions described as follows be approved: The following parcels of land (exclusive of a strip of land lying east of Lake Road and 330 feet south and paralleling County Highway N which shall remain in Commercial Use). The North-east One -Quarter (NEµ) of the North-west One -Quarter (NWµ), and the South-east One -Quarter (SEµ) of the North-west One -Quarter (NW µ) , and the South-west One -Quarter (SW µ) of the North-east One -Quarter (NEµ) , all located in Section Thirty-four (34) , Township Forty-five (45) North, Range Nine (9) West, be changed from Forestry-1 Use to Residential-3 Use. The North 400 feet of the North-west One -Quarter (NWµ), of the South-west One -Quarter (SW-'4) of the South-east One -Quarter (SEµ) , Section ,Twenty-nine, (29) , Township Fifty (50) North, Range Four (4) West be changed from Forestry-1 Use to Residential -Recreational Use. Government Lot Three (3), Section Sixteen (16), Township Forty-three (43) North, Range Seven (7) West, be changed from Forestry-1 Use to Residential-1 Use, excluding a strip 400 feet from the centerline and paralleling County Highway M which shall be placed in Commercial Use. SIGNED: Renoos, Soderstrom, Maki, Barningham, McGillivray, Sneed Moved by Rave and seconded by Maki to adopt. Motion carried. No. 5 Thomas Anderson, newly hired Extension Agent, was irctroduced to the board at this time. April 2113 1981 1 oR- The following AmeVzd.atory Ordinance, was read: No. 6 The Bayf ield County Board of Supervisors ordains as follows: That the Bayfield County Zoning Ordinance, adopted June.l, 1976, be and the same, is hereby amended so that as amended, The following parcels of land (exclusive of a strip of land lying east of Lake Road and 330 feet south and paralleling County Highway N which shall remain in Commercial Use). The North-east One-Qa.arter (NE µ) of the North-west One -Quarter (NW µ) , and the South-east One -Quarter (SE µ) of the North-west One -Quarter (NW µ) , and the South-west One -Quarter (SW µ) of the North-east One -Quarter (NE-4), all located in Section Thirty-four (34), Township Forty-five (45) North, Range Nine (9) West, is changed from Forestry-1 Use to Residential-3 Use. The North 400 feet of the North-west One -Quarter (NWµ) of the South-west One -Quarter (SWµ) of the South-east One -Quarter (SE4) , Section Twenty-nine (29) , Township Fifty (50) North, Range Four (4) West, is changed from Forestry-1 Use to Residential -Recreational Use. Government Lot Three (3), Section Sixteen (16), Township Forty-three (43),North, Range Seven (7) West, is changed from Foresty-1 Use to Residential-1 Use, Excluding a strip 400 feet from the centerline and paralleling County Highway M which shall be placed in Commerical Use. SIGNED: Renoos Maki, Barningham, McGillivray, Sneed Moved by Seidel and seconded by Maki to adopt the ordinance. Dave Lee gave the locations of each parcel of land. The question'' was asked on the motion to adopt Ordinance No. 6. All were in favor except Swen Soderstrom who abstained from the vote. Motion carried. (Affidavits of publication on file in County Clerk's Office) �1�E5 The following ordinance was read: No. 7 REVISED BAYFIELD COUNTY SUBDIVISION CONTROL ORDINANCE SIGNED: Renoos, Soderstrom, Maki, Sneed, McGillivray, Barningham Page Table of Contents 1 & 2 Article One: Preamble: Section 1.1 Title 3 Section 1.2 Intent & Purpose 3 Section 1.3 Statutory Authority 3 Section 1.4 Jurisdiction 3 Section 1.5 Definitions 3 Article Two: General Provisions Section 2.1 Administration 6 Section 2.2 Compliance 6 Section 2.3 Exclusions 6 Section 2.4 Violations & Penalties 7 Section 2.5 Severability Clause 8 Section 2.6 Disclaimer of Liability 8 Section 2.7 Interpretation 8 Section 2.8 Amendments 8 PAGE Section 2.9 Effective Date 8 Section 2.10 Repeal of Previous Ordinance 8 Section 2.11 Variances and Appeals 9 Section 2.12 Right of Access 9 Section 2.13 Vacating and Replatting 9 Article Three: Survey and Recording Requirements Section 3.1 Surveying Requirements 10 Section 3.2 Recording Requirements 10 Section 33 Fees 10 Article Four: Procedure and Dividing Land Section 4.1 Pre"Application Consultation 11 Section 4.2 Preliminary Land Division Approval 11 Section 4.3 Final Land Division Approval.._..12 Article Five: Design Standards Section 5.1 Lot sizes 13 Section-5.2 Access 13 Section 5.3 Dedications 14 Section 5.4 Improvements 14 Section 5.5 Bonds 15 Section 5.6 Streets 7 Roads 15 Section 5.7 Planned Unit Developments 16 Article One: Preamble 1.1 Title This ordinance shall be known as the Bayfield County Subdivision Control Ordinance. 1..2 Intent and Purpose This ordinance is intended to regulate and control the division and subdivision of land within the unincorporated areas of Bayfield County in order to promote the public health, safety, and general welfare and to encourage the most appropriate use of land. This ordinance is also intended to achieve the purposes listed in Chaper 236, Wisconsin Statutes and the Bayfield County Zoning Ordiaao:ce. 1.3 Statutory Authorit These regulations are adopted under the authority granted by Sections 59.97, 59.971, 144.26, 236.12 and 236.45 of the Wisconsin Statutes. 1.4 Jurisdiction The jurisdiction of this ordinance shall include all 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. 1.5 Definitions A) Applicant: Any person, firm, or corporation, or any agent thereof, dividing or pro- posing to divide land as defined by the terms of this ordinance. B) Board of Adjustment: A County Committee created under authority of Section 59.99 of the Wisconsin Statutes to act in a quasi-judicial capacity to resolve land use issues. C) Certified Survey Map: A map prepared by a Registered Land Surveyor of a land division of up to four lots, meeting the requirments of Chapter 235.34, Wisconsin Statutes, and of this' ordinance. D) Cul-De-Sac: A road having one end open to traffic and the other permanently terminated by a vehicular turnaround. E) Easement: The legal authorization by a property owner providing for the use by another of a designated portion of his property for a specified purpose. F) Lot: A parcel of land occupied or capable of being occupied by'structures and/or uses consistent with the provisions of this ordinance and the Bayfield County Zoning Ordinance. Adjoining lands of common ownership shall be considered a contiguous parcel even if divided by public or private roads, easements, or navigable rivers or streams. April 21,1981 G) Lot Area: The horizontal projection of a parcel of land, exclusive of any portion of public right of way or any portion of a lot thirty feet -or less in width. Measurements are to be made by standard surveying methods. H) Lot, Average Width: The average horizontal straight line measurement between side lines of a lot. I)' Parcel: See 'Lot' J) Plat A map of subdivision , prepared in the manner prescribed in Chapter 236, Wisconsin Statutes. K) Preliminary Map or Plat: A map showing the salient features of a proposed land division to,an approving authority for purposes of preliminary consideration. - L) Replat: The process of changing, or the map or plat which changes, the boundaries of a recorded plat or part thereof. M) Road Frontage: The shortest horizontal straight line which -can be established between the point where one side lot line intersects the right of way to the other side line. N) Service Road: Streets parallel and adjacent to arterial roads which provide access to abutting properties and separation from thru traffic. 0) Shoreline Measurement: The shortest horizontal straight line which can be established between points on the side lot lines at the waterfront end of a lot or parcel abutting a navigable lake or stream. At least one point along the horizontal straight line must lie on the ordinary high water mark, and its entire extent must lie wholly within the lot or parcel. P) Street: Any public way, road, avenue, highway, or part thereof. Q) Surety Bond: A bond guaranteeing performance of a contract or obligation through forfeiture of the bond if,said contract or obligation is unfullfilled by the applicant_. R) Subdivision: The division of a parcel of land for the purpose of transfer or development which results in the creation of five (5) or more parcels of less then five (5) acres in area within a period of five (5) years. S) Variance: In specific cases, a deviation from the terms of the ordinance as will not be contrary to the public interest, and where owing to conditions peculiar to the lot or property in question, a literal enforcement of the provisions of the oridnance will result in unnecessary hardship. T) Zoning Committee: A Committee created by the County Board of Supervisors under the authorization of the Wisconsin Statutes to act in matters of land use_. Article Two: General Provisions 2.1 Administration The Administration and enforcement of .this ordinance shall reside with' -the Zoning Committee -of the Bayfield County Board of Supervisors and its duly authorized staff. 2.2 Compliance (A) No person, firm, or corporation shall divide land for the purpose of sale, transfer, or,development that creates one -or more lots of less then five (5) acres without obtaining the approval of the Zoning Committee and without complying with the provisions of this ordinance. (B) Where applicable, the subdivider shall also comply with the provisions of Chapter 236, Wisconsin Statutes; the.rules of the State Department of Industry, Labor and Human Relations as they relate to private sewage systems; the rules of the State Department of Transportation as they relate to safety of access and preservation of public interest concerns; and all other laws, regulations, or requirements having appropriate authority. (C) Should any provision of this ordinance conflict with any other law, then the provisions of the more stringent requirement, regulation, restriction, or limitation shall prevail. (D) No land.use permit shall be issued, nor shall any construction acit-ivity commence on any lot requiring approval under this ordinance until final lot division approval has been granted. 2.3 Exclusions The provisions of this ordinance shall not apply to: (A) Transfers of land pursuant to court order or will. (B) The sale or exchange of parcels between owners of adjoining property if additional lots are not thereby created and the lots resulting are not reduced below the minimum sizes required by the Bayfield County Zoning Ordinance or other applicable laws or ordinances. (C) Leases for a term not to exceed 10 years, mortgages, or easements. (D) Cemetary plats and assessor plats made under the provisions of Section 157.07 and 70.27, Wisconsin Statutes. (E) Sale and Exchange of Parcels of public utility or railroad right of way to adjoining property owners where approved by the city, village, town, or county. April 21, 1981 2.4 Violations and Penalties (A') Any violation of the terms of this ordinance not corrected on the written order of the Zoning Committee or Department within the time specified shall be referred to the Zoning Committee who shall determine the further action to be taken. (B) The violation of any condition attached by the Zoning Committee to a land division approval shall constitute a violation of this ordinance. (C) Any person, firm, or corporation found guilty of violating any provisions of this ordinance, shall, upon conviction thereof, forfeit not less than $10.00 nor more than $100.00 and the full cost of prosecution, plus the costs of any compliance required to rectify the viola- tion. Each day of violation shall constitute a separate offense. (D) Violations of the provisions of this ordinance are also subject to the terms of Chapter 66.119, Wisconsin Statutes and the Bayfield County Citation Ordinance. 2.5 Severability Clause The provisions of this ordinance shall be deemed to be separable and the invalidity of any portion by a court of competent jurisdiction shall not effect the validity of the remainder. 2.6 Disclaimer of Liability 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 conformance with, this ordinance. 2.7 Interpretation These regulations shall be liberally construed in their interpretation and application to provide for the orderly growth and development of the unincorporated areas of Bayfield County, and shall not be deemed as a limitation or repeal of any other power granted by the Wisconsin Statutes. 2.8 Amendments The Bayfield County Board of Supervisors may make amendments to this ordinance in the manner prescribed by the Wisconsin Statutes. 2.9 Effective Date This ordinance shall take effect upon its passage by the Bayfield County Board of Supervisors and its publication as provided by law. 2.10 Repeal of Previous Ordinances All previous Bayfield County Subdivision Control ordinances, and amendments thereto are hereby repealed. 2.11 Variances and Appeals (A)'Any person seeking a variance from terms of this ordinance, or aggrieved by a decision rendered by -the Zoning Committee or Zoning Department may request and be granted a public hearing before the Bayfield County Board of Adjustment as provided in Section 14.0 of the Bayfield County Zoning Ordinance. An appeal notice shall be filed with the Zoning Department within thrity (30) days from the date of the order or decision from which the appeal is being made. (B) The Board of Adjustment may grant upon appeal in specific cases and suject to appro- priate conditions and safeguards, a variance from the terms of this ordinance where, owing to special conditions, a literal enforcement will result in practical difficulty and unnecessary hardship. (C) Any variance granted shall be in total conformity with all applicable laws and regu- lations; the public health, safety, and general welfare; and the spirit of this ordinance. Variances granted shall not be considered a precedent in any way. 2.12 Right to Access The Zoning Committee and its duly authorized staff shall be granted access, with the consent of the property owner or his agent, to any premise during regular business hours for the purpose of performing inspections necessary to assure compliance with this ordinance. 2.13 Vacating and Replatting Recorded maps or plats may be vacated or altered pursuant to Sections 236.36-236.44, Wis= consin Statutes, which are adopted by reference and applied to all land divisions -regulated by this ordinance. Article Three: Survey and Recording Requirements 3.1 Survev Reauirements (A) Prior to the final approval of land divisions to which this ordinance'applies, the owner of the land shall have the parcels surveyed by a Registered Land Surveyor. The surveyor shall create a Certified Survey Map or Plat, in the manner prescribed in Chaper 236.34, Wisconsin Statutes; unless exempt under the provisions of Article 2.3 of this ordinance or unless waived in writing by the Zoning Committee. 6 P (B) A Certified Survey Map shall be prepared and recorded for all land divisions resulting in the creation of one, two, three, or four lots of less than five (6) acres. (C) A County Subdivision Plat shall be prepared and recorded for all land divisions resulting in the creation of five or more lots of less than five (5) acres within a five-year period not requiring a recorded plat as provided in Chapter 236.03, Wisconsin Statutes. The Zoning Committee may elect to accept two Certified Survey Maps in lieu of a County Subdivision Plat. (D) Subdivisions created under Chapter 236.03, Wisconsin Statutes shall be subject to all applicable provisions of this ordinance. 3.2 Recording Requirements All Certified Survey Maps and subdivision Plats shall be recorded at the office of the Bayfield County Register of Deeds in the manner described in Chapters 59.51 and 236, Wisconsin Statutes. 3.3 Fees (A) The applicant shall pay a fee amounting to fifteen($15.00) dollars for the creation of a single lot 'and ten ($10.00) dollars for the creation of each lot thereafter. Such fee shall be remittable to the Bayfield County Zoning Department-, (B) The applicant shall also pay the recording fee as determined by the Register of Deeds prior to recording a Certified Survey Map or Plat. Article Four: Procedure for Dividing Land 4.1 Pre -Application Consultation Prior to filing an application for lot division, the applicant is encouraged to consult with the Zoning Department to obtain advice and assistance. This consultation is inte-nded to provide the applicant with the purpose and objectives of this ordinance, to provide assistance in planning the proposed development, and to afford opportunity for the applicant to be informed of any changes, additions, or corrections to his proposed land division to expedite formal review procedures. 4.2 Preliminary Land Division Approval The applicant shall submit to the County Zoning Department an application on forms provided by that Department. The applicant shall also submit to the Zoning Department, and those having authority to review plats under Chapter 236, Wisconsin Statutes; sufficient copies of a preliminary survey map or plat. (A) The preliminary layout should clearly indicate the existing condition of the pro- posed land division -and of adjoining sites. Data should be included on physical features, bodies of water, public access, wetland areas, existing vegetation, slopes--over-lO/, areas subject to flooding, soil'conditions, available community facilities and utilities, recorded easements or covenants, street and road locations, and lot widths, depths, and areas.- The!_rproposed layout shall be drawn at a legible scale and shall identify any improvements (road construction, grading, dedication of land, installation of amenties, or any other construction activity) which the applicant proposes to make and shall indicate when these improvements will be provided. (B) As stated if- Section- 17. - of the Bayfield County Zoning Ordinance, an impact analysis shall be provided for Tzany subdivision consisting of twenty-five (25) lots or more". This analysis shall be prepared in the manner prescribed in Section 17.0 and Appendix A of that ordinance. (C) The Zoning Committee shall approve, reject, or approve conditionally the preliminary land division within ninety (90) days of receiving the preliminary land division application and layout, as provided by statute.- Any condition of approval, or reason for disapproval, shall be described in writing and shall be made a part of the file record of application. 4.3 Final Land Division Approval 0 (A) Final survey maps, certified survey maps, or plats shall be submitted to the Zoning Department within twelve (12) months of preliminary plan acceptance,.unless this requirement is'waived by:the Zoning Committee. Final maps or plats shall -be 'cbnsideredby the Zoning Com- mittee and accepted or rejected within sixty (50) days of the date of submission. (B) The final map or plat shall conform to the preliminary layout as approved, and to all applicable ordinances and laws. The final map or plat shall be accompanied by detailed construction -plans -of all improvements to be provided by the applicant. (C) A certificate of approval of the County Zoning Department shall appear on the face of all required maps or plats prior to their recording. (D) Any land division resulting in the creation of five (5) or more lots and requiring approval under the terms of this ordinance, shall require the approval of the local town board and any municipality having extraterritorial plat approval jurisdiction.— (E) No lot shall be sold or transferred without fully complying with the terms -of this ordinance. An offer or contract to convey may be made if that offer or contract states on its face that it is contingent upon approval of the final land division and shall.b.e void if such approval is not received. April 21. 1981 Article Five: Design Standards 5.1 Lot Sizes (A) Lot sizes shall conform with the area and width dimensional requirements outlined in Section 20.0 of the Bayfield County Zoning Ordinance. In those townships which have not ratified the Bayfield County Zoning Ordinance, the mirumumlot size standards of the Residential-1 district shall apply. No lot shall be reduced -below the minimum size for the zoning district in which it is located. (B) The Zoning Committee may require larger lot sizes in cases of adverse soil, topo- graphical, or locational conditions to provide a greater degree of -protection for natural or community resource concerns. (C) The size, shape, elevation, and slope of a lot shall permit the installation of sanitary facilities meeting the requirements of the Bayfield County Sanitary and Private Sewage Ordinance, unless such needsare obviated by central or public facilities. (D) In determining lot area, any part of a lot thirty (30) feet or less in width shall not be used in computing lot area nor shall -the right-of-way of any public road be used in determining lot area or width. 5.2 Access (A) Every lot created, and requiring approval under the terms of this ordinance, shall have access to a public street, road; or highway. Such access can be accomplished through the establishment of either a public or private road, as determined by the Zoning Committee. (B) Where more than one (1) lot abuts a street, highway, or road; a service road or other form of shared access may be required to allow a minimum number of access driveways. 5.3 Dedications (A) Unless specifically waived by the Zoning Committee, all streets, roads, and other public ways which are proposed to be established to service lots created under this ordinance shall be offered for dedication to the county or town. (B) The Zoning Committee may require the dedication, reservation, or easement of certain lands for public access points, parks, drainage ways, playgrounds, natural resource areas, or special use areas to a specified unit of government, subject to acceptance. (C) Dedications shall be effected as proved in Section 236.29, Wisconsin Statutes. Dedication offers shall be limited to a duration of three years from the date of final land division approval by which time public acquisition must be exercised. (D) Where open space land is conveyed in common to each of the owners of lots in a land division, a home owners association or similar legally constituted body shall be created to maintain such land. 5.4 Improvements (A) The applicant shall be responsible for the installation of survey monuments in accordance with the requirements_ of Chapter 236.15, Wisconsin Statutes. (B) Unless waived by the Zoning Committee, the applicant shall be responsible for the construction of all roadways to the standards specified in this ordinance. (C) The Zoning Committee may require the applicant to provide other improvments to insure quality land divisions which fulfill the intent of this ordinance. Such required improvements include the construction of sewer and water facilities, utility systems, drainage facilities, sidewalks, culverts, street lighting and signing, and other improvements deemed to be in the public interest. 5.5 Bondso (A) The Zoning Committee may require the applicant to file with the county a security bond in which the applicant enters into a contract agreeing to install all required improvements. This contract and bond shall be subject to the approval of the District Attorney and may be in the form of a surety bond, certificate of deposit, certified check, or other security equal in amount to the estimated cost of. improvements. (B) Required improvements shall be -made by the applicant or his agents not later than one year from the date of final land division approval or at a later date specified by the Zoning Committee. (C) Verification of improvement completion shall be made by the Zoning Department. Upon termination of the bonding period, or completion of improvements, the Zoning Committee shall determine to what extent improvements have been completed and shall return all or a comensurate portion of the bond. 5.6 Streets and Roads (A) Construction of public streets and roads,shall conform with the applicable town and county standards and shall be consistent with the provisions found_ in Chapter 86.26, Wisconsin Statutes. (B) Streets and roads shall be located with due regard to topographical conditions, natural features, existing and proposed utilities and land uses, and public safety and convenience. Where practiable, streets shall intersect at right angles to afford maximum visibility. April 21. 1-9 81 (C) The minimum frontage for lots on the outer edge of -a curved street shall be a 100 feet, as measured by the shorfies+ horizontal straight line which can he established between points on the side lot lines at the road frontage end of a lot or parcel. At least one point along the horizontal line must lie -on the -right of.way line. (D) The minimum frontage for lots fronting on a'cul-de-sac shall be fifty (50) feet as measured along the are between the points where the side lines of a lot intersect the out edge of the cul-de-sac. (E) All cul-de-sacs shall have a minimum radius:. of. no less than forth -five (45) feet. 5.7 Planned Unit Developments Regulations for planned unit developments, condominiums, resorts, multiple unit dwellings, motels, and hotels, shall be governed by Section 10 of the Bayfield County Zoning Ordinance and applicable provisions of this ordinance. Moved by Renoos and seconded by Carter to adopt the ordinance. Motion carried. The chairman suggested that the members representing each of the five highway districts meet together for a caucus to decide on their nominees for the Highway Committee. The caucuses were held and the board proceeded to elect the Highway Committee. District No. 1 reported that Edwin -Erickson was nominated as their candidate. District No. 2 reported that Charles Diamon was nominated as their candidate. District No. 3 reported.that Carl Anderson was nominated as their candidate. District No. 4 reported that Bill Rave was nominated as their candidate.. District No. 5 reported that Swen Soderstrom was nominated.as their candidate. The chairman called three times for additional nominations. Moved by Erickson and -seconded by Sneed to close nominations. Motion carried. Moved by Ludzack and.seconded by-Meierotto that'the clerk cast the unanimous ballot for.each of the nominated.persons. Motion carried. The clerk cast the unanimous ballot and declared that each candidate be elected to the Highway Committee representing their particular district. No. 9 1 I . ' Moved by Ludzack and seconded by Anderson that the Highway Committee be elected to a two-year term to be elected each year the County Board is elected. Motion carried. The following relocation order was read: No. 10 State of Wisconsin Dept. of Transportation P.O. Box 7916 Madison, WI 53707 February 3, 1981 Mr. Lawrence C. Young, Commissioner Bayfield County Highway Dept. 311 S. First Ave. E. Washburn, WI 54891 Mr. Edward A. Pajala Bayfield County Clerk Courthouse Washburn, WI 54891 Dear Sirs: Project 8161-00-21 F 100(1) U.S.H. 2-Washburn Road S.T.H. 13 Bayfield County April, 21, 1981 The Department of Transportation deems it necessary to make certain revisions on a previously approved right of way plat and to acquire certain lands and interests in lands,,according to such revisions, for the proper improvement or maintenance of the above -designated project and highway. The revised relocation order of the Department and the map showing the highway as laid out and established and the lands and interests to be acquired are transmitted herewith. The enclosed relocation order provides that the necessary acquisitions of lands -and interests not previously acquired shall be made by the Division of Highways and Transportation Facilities, pur- suant to Section 84.09(1) or (2), Wisconsin Statutes. Sincerely, H.L. Fiedler Administrator HLF:ld Encl. CC: DD# 8 R/E RELOCATION ORDER Project: 8161-00-21 F 100(1); Name of Road: U.S.H. 2-Washburn Road; Highway: S.T.H. 13; County: Bayfield; Right of Way Plat Date: December 3, 1980; Plat Sheet Numbers: 4.0 through 4.14; Date of Previous Order: November 20, 1980. Description of Termini of Project: Beginning at a point 1320.82 feet S. 89016T58" E and 1399.67 feet S 1034411611 W of the center of Section 35, Township 48 North, Range 5 West, Thence north- easterly to a point 3959.90 feet S 88057T09" E and 4151.06 feet N. O000' E of the southwest corner of Section 6, Township 48 North, Range 4 West. To properly establish, lay out, widen, enlarge, extend, construct -,reconstruct, improve, or maintain a portion of the highway designated above, it is necessary to relocate or change and acquire certain lands or interests in lands as shown on the right of way plat for the above project.. To -effect this change, pursuant to authority granted under Sections 84.02(3) and 84.09, Wisconsin Statutes, the Department of Transportation hereby orders that: 1. The said highway is hereby laid out and established to the lines and widths as shown on the plat. 2. The required lands or interests in lands as shown on the plat shall be acquired by the Division of Highways and Transportation Facilities, in the namecof the State of Wisconsin, pursuant to the provisions of Section 74.09(1) or (2), Wisconsin Statutes, except Parcels A. B, & C which shall be acquired by the Town of Barksdale, Bayfield County, Wisconsin. 3. This order supersedes and amends any previous order issued by the Department. Dated: January 15, 1981 Sigaed: H. L. Fiedler (Maps on file in County Clerk's Office) Moved by Rave and seconded by Soderstrom to approve the order. Motion carried. The following relocation order was read: No. 11 State of Wisconsin Department of Transportation P.O. Box 7916 Madison, WI 53707 March 3, 1981 Mr. Lawrence C. Young, Commissioner Bayfield County Highway Dept. 311 S. First Ave. East Washburn, WI 54891 Mr. Edward A. Pajala Bayfield County Clerk Courthouse Washburn, WI 54891 Dear Sirs: Project T 011-2(29) South County Line -Cable Road U.S.H. 63 Bayfield County The Department of Transportation deems it necessary to make certain minor revisions on a previously approved right of way plat for the proper maintenance of the above -designated project and highway. This revised relocation order of the Department and the map showing the highway as previously laid out and established (and the lands and interests which have been completely April.21, 1981 -01 t-t-E W N t acquired). are transmitted herewith.. Sincerely, H.L. Fiedler Administrator Eno. CC: DD#8 R/E ;Relocation'Order. Project, TO11-2(29); Name of Road: South County Line -Cable Road; Highway: U.S.H. 63; County: Bayfield; Right of Way Plat Date: January 30, 1981; Plat Sheet Numbers: 4.0 through 4.5; Date of Previous Order: Spetember­271, 1978. Description of Termini of Project: Beginning at a point 1598.2 feet west of the southeast corner of Section 35, Township 43 North, Range 8 West, thence northerly and northeasterly to the inter- section of U.S.H. 63 and Spruce Street,.Village of Cable. To properly establish, lay out, widen, enlarge, extend, construct, reconstruct, improve, or maintain,a portion of the highway designated above, it is necessary to relocate or change and acquire certain lands or interests in lands as shown on the right of way plat for the above project. To effect this change, pursuant to authority granted under Sections 84.02(3) and 84.09, Wisconsin Statutes, the Department of Transportation hereby orders that: 1. The said highway is hereby laid out and established to the lines and widths as shown on the plat. 2. The required lands or interests in lands as shown on the plat shall be acquired by the Division of Highways and Transportation Facilities, in the name of the State of Wisconsin, pur- suant to the.provisions of Section 84.09(1) or (2), Wisconsin Statutes., (All required lands or interests in lands have previously been acquired.) 3. This order supersedes and amends any previous order issued by the Department. _ DATED: February 19, 1981 SIGNED: H.L. Fiedler (Maps on file in county clerk's office) Moved by Seidel and seconded by,Wickman to approve the order. Moved by Seidel and seconded by Wickman to table the vote until the matter can be discussed with the Highway Commissioner. Motion carried. The following resolution was read: No. 12 WHEREAS, The Bayfield County Board of Supervisors adopted Resolution No. 14 on September 30, 1980, and WHEREAS, It has been determined by legal counsel that said Resolution No. 14 is contrary to statutory language, and the Highway Department does not have the authority to carry out the provisions of Resolution No. 14 as adopted by the Bayfield County Board of Supervisors on September 30, 1980, NOW, THEREFORE, BE IT RESOLVED, That Resolution No. 14 adopted September 30, 1980, is hereby rescinded in its entirety. SIGNED: McGillivray, Renoos, Erickson, Meierotto, Soderstrom, Barningham Moved by Renoos and seconded by McGillivray to adopt the resolution. Motion carried. The following resolution was read: No. 13 WHEREAS, Frank Hoefling, a former member of the Bayfield County Board, departed from lour midst on the 1st day of April, 1981, and WHEREAS, The public service rendered by Mr. Hoefling was exemplary and :worthy of special consideration and commendation by the',Board, and WHEREAS, It is appropriate that such recognition become a part of the permanent records and history of Bayfield County, y it 21. 1981 NOW THEREFORE BE IT RESOLVED, That the members of the Board of Supervisors of Bayfield County, in session this 21st day of April, 1981, pause, -in remembrance of Frank'Hoefling, in recognition of his public service, his contributions to good government and above all, in remembrance of Frank as a friend of all, and BE IT FURTHER RESOLVED, That this resolution be entered in the official journal of Bayfield County and that a copy of it be delivered to the family of Frank Hoefling by the chairman of the board. SIGNED: Johnson, Carter, Renoos, Meierotto, Seidel, Barningham Moved by Carter and seconded by Seidel,to adopt. The following resolution was read:. No. 14 Motion carried. RESOLUTION DESIGNATING PUBLIC DEPOSITORY AND AUTHORIZING WITHDRAWAL OF COUNTY MONIES RESOLVED, That the following banking institution! North.Land Savings & Loan, qualified as a public depository under Chapter 34 of the Wisconsin Statutes, shall be and is -hereby desig- nated, -until further action, as a public depository for all public monies coming into the hands of the treasurer of the County of Bayfield. RESOLVED FURTHER, That withdrawal or disbursement from the above named depository shall be only by order check as provided in Section 66.0.42 of the Wisconsin Statutes; that in accordance therewith all order checks shall be signed by the following persons: James C. Strom, Bayfield County Clerk; Daniel R. Anderson, Bayfield County Treasurer; and countersigned by Walter C. Barningham, County Board Chairman or their successors,.and shall be so honored. RESOLVED FURTHER, That in -lieu of their personal signatures the following.facsimile signatures, which have been adopted by them as:below shown (Signature Stamp appears here) may be affixed on such order the'ek(s); that any one of the above named depositories shall be fully warranted and protected in making payment on any order check bearing such facsimile(s) notwithstanding that the same may have been placed thereon without the authority of the designated person or persons. FURTHER RESOLVED, That a certified copy of this resolution shall be delivered to the above named depository and said depository may rely on this resolution until changed by lawful 'resolution and a certified copy of Such resolution has been given to the cashier of the respective depositories. SIGNED: Johnson, Carter, Renoos, Seidel, Meierotto, Barningham Moved by Seidel and seconded by Anderson to adopt the resolution. Clerk Strom then told the board that the three banks in Bayfield County are questioning this particular institution being characterized as a depository for the county. The banks are concerned that there is a conflict of interest because the county auditor John Maitland is on the Board of Directors for North Land Savings and Loan and he might be able to persuade the county treasurer into depositing the money in that particular depository. However, the clerk informed the board, John Maitland has not told the treasurer what to do with the county monies. Ludzack stated that he felt there might be some conflict of interest in this matter. Renoos stated that he felt that the present county treasurer could not be persuaded to place money with one depository or another. The question was asked on the motion to adopt the resolution. All were in favor except Ludzack. Motion carried. April 21, 1981 �ft4S u.kr_!L No. 15 Moved by Seidel and seconded by Meierotto to bring —rf a m` No. 11 back on the floor. Motion carried., Larry Young then explained the relocation order to the board. Moved by Carter and seconded. by Erickson to receive the order and place it on file. Motion carried. The following resolution was read: No. 16 WHEREAS, The construction phase,of the Bayfield County Nursing Home is completed, and WHEREAS, There is an amount of $25,294.30 left in the Bayfield County Nursing Home Construction Account, and r WHEREAS, There is a need for this $25,294.30 in the Bayfield County Nursing Home Bond Redemption Sinking Fund, and -- WHEREAS, The Executive Committee is of the opinion that thesefunds should be transferred, now therefore be it I - RESOLVED -,.That the $25,294.30 now in -the Bayfield County Nursing Home Construction Fund -be transferred to the Bayfield County Nursing Home Bond Redemption -Sinking Fund. SIGNED: Johnson, Carter, Seidel, Renoos, Meierotto, Barni.ngham Moved by Johnson and seconded by Rave to adopt. Motion carried. The following resolution was read: `No. 17 WHEREAS, Bayfield County contains within its borders a tax exempt Indian Reservation, namely, the.Red Cliff,Reservation, and. WHEREAS, The County has incurred extra expense in law enforcement, arising by reason of Federal legislation removing governmental controls over Indians and said Bayfield County appears to be eligible for assistance ,as provided under the provisions of Section 20..455 (2) (d) of the (Wisconsin Statutes, NOW THEREFORE BE IT RESOLVED, By the County ,Board of Supervisors of Bayfield County, duly assembled this 21st day of April, 19.81, that application be made to, the State of Wisconsin, for assistance under the provisions of Section 20.455(2)(d) of the Wisconsin Statutes, for law enforcement for the fiscal year ending June 30, 1981, and BE IT FURTHER,RESOLVED,_That this resolution shall continue in force from year to year and that the proper officers of Bayfield County shall make claim annually for such financial assistance in policing said Reservation and for expenses directly connected therewith,, and BE IT FURTHER RESOLVED, That a copy of.this,Resolution be certified by the County Clerk to the Attorney General of Wisconsin, with a request for,certification of such application, as.is required under the provisions of Section 20.455(2)(d) of the Wisconsin Statutes. SIGNED.: Johnson, Carter,.Renoos, Meierotto,,Seidel, Barningham Moved by Rave and seconded by Sneed to adopt the resolution. Motion. carried. 21, 1981 --jWw R'_k9 , KFs�cf�l, P2oxA,6� M ION P The following resolution was read: No..18 WHEREAS, Bayfield County has for several years applied for and received $2,500 in Law Enforcement Aid for law enforcement on the Red Cliff Indian Reservation pursuant to,s.s. 20.455 (2) (d) , and WHEREAS, -.The cost of providing law enforcement has increased substantially over the past few years, and be it WHEREAS, The amount of the aid has not increased since it's inseption, now therefore RESOLVED, That the Bayfield County Board of Supervisors in session this 21st day of April do hereby petition the legislature to increase the amount of aid allowable under s.s. 20.455 (2) (d) so as to reflect the increased cost of law enforcement. SIGNED: Johnson, Carter, Seidel, Renoos, Meierotto, Barningham Moved by Seidel and seconded by Wickman to adopt the resolution. Motion carried. The following resolution was read: No. 19 WHEREAS, In an emergency the Executive Committee has the full power and authority to act -for the county board, and it is deemed to be in the best interest of the county to keep this authority and decision making as broad based as possible, now therefore be it RESOLVED, That whenever a member of the Executive Committee cannot attend a meeting, he may appoint an alternate supervisor -;-to act in his place by,notifying the secretary of the Executive Committee of this substitution. SIGNED: Johnson, Carter, Renoos, Meierotto, Seidel, Barningham Moved by Renoos and seconded by McGillivray to adopt the resolution. Motion carried. No. 20 At -this time the previous'land sale was discussed. The success of the land contracts which have recently been introduced to the county Land sales were also discussed. Ed Renoos at this time also commended the Bayfield County Treasurer Daniel Anderson on 1 the excellent way,he has been handling the county's money. The following list was'read: No, 21 State of Wisconsin 'Emergency Fire Warden Organization List Dept. of Natural Resources Box 7921 Madison, WI 53707 To the Honorable: The County.Board of Bayfield County, Wisconsin G.entlemen: In accord with Section 26.12(3) and section 26.14(3) of the Wisconsin'Statutes we recommend the following men to act as authorized emergency fire wardens for the prevention and suppression of forest fires in this county for the year 1981;. and'ask your approval of this organisation list. EMERGENCY FIRE WARDENS Stanley Barnes for town of Barnes John Desrosiers for town of Barnes William Friermood for town of Barnes Jerry Friermood for town of Barnes Greg Friermood for town of Barnes Ed Lee for town of Barnes Jerry Witt for town of Barnes Paul S. Regorrah for town of Cable Thomas Rondeau for town of Cable Robert Anderson Richard Sorenson Paul Brozovich Dave Daniels John Hanson John Jatzo Lee Kavajecz Don Kenda Mike Sauvola Ryan Pyykola Harry Pudas Wayne Wheeler Vernon Tutor Michael Bonney William Hepner Robert Skulan Reuben Daubner Anthony Janoch Edward Puig, Jr.. Richard Davis Arthur Hanson Bart Nemetz Paul Nemetz Edward Sechen Robert Sechen David Hanks:-- W. Mickey Kurilla Marshall Brinkman Charles Ondrik Sigurd Swanson Betty Gilbertson Henry Horstman Eric Sande Alden E. Allen Joseph Pascale, Jr. George Tribovich Orlyn Lowe Edward A. Paj ala Signa Groves Donald Snippen (Special Fire William Ferraro Jeffrey Hepner William Hill Emer�_rencv Fire Wardens for town of Cable for town of Cable for town -of Iron River for town of Iron River & Tripp for 'town of -Iron River for,town of Iron River, Tripp & Hughes for town of Port Wing for town of Port Wing, Orienta for town of Oulu' for town of Iron River, Hughes for town of Oulu, Orienta, & Hughes for town of Iron River for town of Barksdale for town of City of Bayfield for town of City of Bayfield for town of City of Bayfield for town of Bell for town of Herbster for town of Clover for town of Delta for town of Delta for town of Eileen for town of Eileen for 'town of Eileen for town of Eileen for town of Grand View for town of Kelly `for town of Mason for town of Lincoln for town of Lincoln for town of Mason for town of Mason for town of Pilsen for town of Russell for town of Russell for town of Russell for town of Washburn for town of Washburn for town of ,,_ Washburn for town of Washburn Warden Credentials Apostle Islands National Lakeshore) for town of Bayfield for town of Bayfield for town of Bayfield (Authorization -to write burnijig permits) Carl 0. Lindahl for town of Pilsen (U.S. Forest Service Fire Wardens) Richard MacNeill for town of Grand View David Nelson for town of Grand View John Schultz for town of Grand View Dennis Neitzke for town of Grand View Eugene Grapa for town of Grand View Gary Gustafson for town of Grand View Robert Keys for town of Namakagon Jeff Paulo for town of Namakagon- Pat Kaiser for town of Namakagon & Grand View Kathleen Rogers for town of Namakagon•& Grand View Basil W. Hansen for town of Namakagon & Grand View Nels V. Pearson for town of Namakagon & Grand View Patricia Cairns for town of Namakagon &'Grand View Joan Hanacek for town of Namakagon & Grand View Al Kravick for town of Namakagon & Grand View Murry A. Hartshorn for town of Washburn D. Niles Eilertsen for town of Washburn James J. Dibbell -for town of Washburn Duane H. Raspotnik for town of Washburn Joseph Brandis, Jr.- for town of Washburn Florence M. Nies for town of Washburn Isabelle M. Moe for town of Washburn Tim Henry for town of - Washburn Joseph J. Johanik' for'town of Washburn Mary L. Basina for town of Washburn Phillip Tetzner for town of Washburn George Siebert for'town of Washburn., Kenneth Greenwood -for town of Washburn --.- Joseph, Johanik for town of Washburn Marshall Brinkman for town of Washburn Thomas Rondeau, Jr. for town of Washburn Robert Anderson for town of Washburn Richard J. Davis for town of Washburn Donna Phillips for town of Washburn Herbert G.-Spears for town of Washburn Jeffrey Cate for town of Washburn 'BY: Arthur_ C. Clarke, Area Forest Ranger Brule, WI 54820 Dept. of Natural Resources 7o, April 21, 1981 6, mc)�w4 Moved by Meierotto and seconded by Ludzack.to approve the list, with the suggestion of updates and corrections in the list. Motion carried. The following resolution was read: No. 22, WHEREAS, Daniel Anderson, Bayfield County Treasurer, has petitioned the Executive Committee to purchase a cash register and adding machine for the office at a.price not to exceed $1,300.00, and WHEREAS, The budget for the Treasurer does not have these items included, and WHEREAS, These machines will simplify the workings of the Treasurer's Office, and WHEREAS, The Executive Committee is-of..the opinion that said machines be authorized for a sum not to exceed $1,300.00, now therefore be it RESOLVED, That the Bayfield County Board of Supervisors meeting this 21st day_of April, authorize the County Treasurer to purchase a cash register and adding machine at a cost not to exceed $1,300.100.1 SIGNED: Johnson, Carter, Seidel, Renoos, Meierotto, Barningham Moved by Renoos and seconded by Wickman to adopt the resolution. A roll call vote was taken with the. -following results: No. 22a Ayes - Erickson, Meierotto, Barningham, Sneed, Maki, McGillivray, Seidel, Mattson, Rave, Soderstrom, Sechen, Carter, Anderson, Wickman, Ludzack, Renoos Nayes - None Absent - Johnson, Diamon Ayes.. _ 16 Nayes 0 Absent - 2 TOTAL 18 The following communication was read: No,?Z 101, Bayfield County,Publishing, Inc. )AsN4 East Bayfield . St. �s Washburn, WI 54891 April 9, 1981 James C. Strom, Clerk County of Bayfield Bayfield County Courthouse P.Oi Box 833 Washburn, WI 54891 Dear Mr. Strom: Motion carried. The executive committee and the county board a year ago approved an increase in the legal rates we charge Bayfield County. We were granted a 12 percent increase which was the first.in two years at that time. Due to the rapidly increasing cost of publishing newspapers, we suggested and were allowed to say that the rates approved would be good for one year. Since the new rates went into effect as of May 1, 1980, we have absorbed higher,costs of production The most major was a hike in the cost of newsprint used for the paper. Because of,this, we are planning a.general across the board advertising.rate hike. The table below carries our request for an increase that would be 8 percent higher than what we have been charging the county. This is less than the rate of inflation that has been affecting our business but we feel it is in keeping with the county board's intent of holding down costs for the taxpayers. Our proposed rate has advantages for the county. The biggest is that you have the impact of appearing in three papers, the Washburn TIMES, Bayfield County PRESS and Iron River PIONEER, for not much more than it would cost to be in one of them. While the present legal maximum rate is based on the advertising rate which we plan to increase, the county's rate is not affected by this change. Rather than raise our rates, we could be forced to run a;higher percentage of ads in our papers, but we think you would agree that Bayfield County deserves good coverage from its only home -based media. 21. 1981 0 We would welcome any suggestions.. We are asking for an up -dating of the rates that would be effective as of May 1, 1981. As we did last year, any county meetings held before that time will be charged at the old rate. LEGAL MAXIMUM RATE lst insertion WE CAN CHARGE /line= $.213 /inch= 1.70 2nd + insert. / line=$.169 /inch- 1.35 RATE PRESENTLY lst insertion /line= $.213 /inch= 1.70 2nd + insert. /line= $.169 /inch =1.35 lst insertion /line- $.426 /inch= 3.40 2nd + insert. /line =$.338 /inch- 2.70 BEaNG CHARGED lst insertion lst insertion lst insertion /line= $.213 /line=$.022 /line=$.235 /inch= 1.70 /inch= .188 /inch= 1.88 2nd + insert. 2nd + insert. 2nd + insert. /line=$.169 /line= $.018 /line= $.187 /inch=1.35 /inch=..150 /inch=1.50 PROPOSED 1981 RATE lst insertion /line-$.213 /inch=1.70 lst insertion lst insertions /line-$.040 /line=$.253 /inch=.330 /inch=2.03 -2nd. + insert. 2nd + insert. 2nd + insert. /lines=$.169 /line=$.033 /line=$_2U2 /inch-1.35 /inch=.270 /inch=1.62 If there are any questions, please contact us. Thank you. Sincerely, Dan Satran, Jr. Co. -Publisher cc: Dan Satran, Jr. DS/jkc Bayfield County Publishing, -Inc. 4 East Bayfield St. Washburn, WI 54891 Wednesday, April 15 James Strom, 'Clerk County of Bayfield Bayfield County Courthouse P.O. Box 833 Washburn', WI '54891 Dear Mr. Strom: We would. like to make an addition to our letter dated Wednesday, April 9, in which we proposed a new rate for the county legals run in our newspapers. Due to the uncertainty of how quickly printing costs will increase, we would like our rate request to apply for one year. There is an advantage to the county of a one year rate. Rather than letting- the printing costs build-up over a longer period of time, adjustments can be made that are more gradual. We would be happy to explain our request at a meeting of the county committee that will review it. Just let us know. Thank you. Sincerely, Dan Satran, Jr. Moved by Rave and seconded by Wickman to approve the increase. Motion carried. �Pj rwE, _x�oe 4'o 61 Gty YV The following communication was read: No. 24. February 12, 1981 Bayfield County Board of Supervisors Bayfield County Clerk, Courthouse Washburn, WI 54891 -Gentlemen: I am writing in regards to a parcel of land I've inquired about on January 15,1981. This parcel is located in Iron River, Wisconsin on Crystal Lake. -Enclosed is a copy of the letfer'I sent to you with the legal description in paragraph two. Could you please inform me if this topic was discussed at your Board meeting that was held on February 3,.1981. I am very interested and excited to hear any information on recovering this property.. Could you please drop me a line to let me know if anything was,discussed concerning,,this matter. Thanks so much, I will be waiting to hear from you.. 1,_ Thanks again, Judy Sigfrids 421 Clough Ave. Superior, WI 54880 January 15, 1981 Bayfield County Board of Supervisors Bayfield County Clerk, Courthouse Washburn, WI 54891 Gentlemen: I am interested in inquiring about a certain parcel of real estate located in Section Fifteen (15) in Township Forty-seven (47) north, Range Nine (9) West, in Bayfield County, Wisconsin, more particulary described as follows: Commencing at the center of said Section Fifteen (15), thence running south along the one quarter line continuing from said center of Section Fifteen (15) seven hundred feet, thence south Fifty (50) degrees and Sixteen (16) minutes west a distance of Ten (10) feet to the, place of beginning; thence south 67 degrees and 091minutes east a distance of two hundred and twenty-five (225) feet to the shore of Crystal Lake; thence southwesterly along the shore of said lake a distance of two hundred and twelve (212) feet; thence south 39 degrees and 44 minutes west a distance of three hundred and fifty eight (358) feet; thence.south 50 degrees and 16 minutes East a distance of thirty-six (36) feet to the place of beginning. I am the granddaughter of Andrew J. and Elan G. Sigfrids and while sorting through their personal belongings I found the deed for this parcel of property. My grandfather died in 1952 and my grandmother followed December 15, 1980. It is my understanding that this parcel went to tax deed in the fall of 1962 for $197.38 in delinquent taxes. It is further understood that this parcel has not been sold by the county. I am naturally concerned about recovering this parcel for the family. Could - you please help me with what needs to be done and if it is possible to recover this parcel. Any help or information that you can give would be most helpful. I will appreciate your help and wait to hear from you. Judy Sigfrids 421 Clough Ave. Superior, WI54880 Moved by Renoos and .seconded by Carter to refer the matter to the Land Sales Committee with the power to act. Motion carried. _ The following communication was read: No. 25 TO: Bayfield County Board of Supervisors FROM: Eugene Voelk 4701 Norwood St. Duluth, MN 55804 SUBJECT: Application for Withdrawal of County Forest Land Purpose: The purpose of this proposal is to request that the Bayfield County Board of Supervisors initiate land withdrawal procedure as authorized by Wisconsin Statute: "County Forest Law," para. 28.11, (11) Withdrawals. Further, this application for withdrawal signifies my interest in purchasing the tract of land under consideration for withdrawal. April 21, 1981 Description/Location: The land requested for consideration is a forty (40) acre parcel described as NEµ NEµ - Sec. 10- T47N-R8W, Iron River, Township, and is currently designated Bayfield County Forest Land..' The parcel is relatively isolated from other county lands and currently is not accessible by roads located -in this vicinity. The northern boundary ofihis land butts against three lots owned by mp (Dufur Fleck's First Lond Lake Subdivision of Lot 4, Lots 10, 11, 12). These lots allow sufficient room for road construction/access to property. Proposed Use: The proposed.land lends itself to two applications: home construction and small-scale fruit agriculture. The hilly terrain has a preponderance of southern exposure, making this land especially suitable,for solar -earth home construction. The terrain is.also ideal for fruit growing activity, notably the Haralson and Redwell apples; the Beta (black) grape, requiring a southern exposure; and, the newly developed midibush blueberry. Advantages: Hopefully such a transaction as the one proposed here would - in several ways - benefit the county. The land would be put to a productive use; the selling price monies could be utilized to purchase lands that,presently adjoin other, larger, tracts of County Forest Lands; private ownership will provide a continous source of tax money to Bayfield County and the residents of Iron River Township. The major advantages to me, of course, are the location and appropriateness of land character. Intent: The applicant makes this application with good intent and is willing to agree to any transactual schedules or variances as deemed necessary by the Bayfield County Board of Supervisors. Sincerely, Eugene 0. Voelk March 181> 1981 Moved by..Carter. and .seconded,by.Sneed. to. ref er the matter to the. Forestry -Committee for study and recommendation. Motion carried. No. 26 Moved by Erickson and seconded by Seidel to adjourn for lunch. Motion.carried. The meeting was called back to order at 1:25 p.m. by Chairman Barningham. The following members answered_r.oll call: No. 27 Present - Erickson , Meierotto, Barningham, Sneed, Maki, McGillivray, Seidel, Mattson, Rave, Johnson, Sechen, Carter, Anderson, Wickman, Ludzack, Renoos Absent - Soderstrom, Diamon Present - 16 Absent - 2 Total 18 The following correspondence wasi read: No. 28 TO THE HONORABLE CHAIRMAN AND MEMBERS OF THE BROWN COUNTY BOARD OF SUPERVISORS Ladies & Gentlemen: WHEREAS, A substantial portion of the court budget for each county is for the payment of juries; and WHEREAS, The Federal Courts have been using six -person juries for several years with satisfactory results; and WHEREAS, Neither the Constitution of the United States nor the State of Wisconsin prohobit the use of six -person juries; and WHEREAS, The mandating of six -person juries with two peremptory challenges to a side would result in substantial cost savings because of the smaller size of juries and smaller size of jury panels; and WHEREAS, There is a strong tradition and emotional feeling for a twelve -person jury in felony criminal cases; April 21. 1981 0 W THEREFORE, BE IT RESOLVED, That the Brown County Board of Supervisors urges the leg- islature to provide that juries in Wisconsin shall consist of six persons with two peremptory challenges, except that in felony criminal cases the jury shall consist of twelve persons unless the parties agree on a lesser number with peremptory challenges as now provided by statute - BE IT FURTHER RESOLVED, That a copy of this resolution be sent to those state legisla- tors representing Brown County, to all other County Boards in Wisconsin for consideration and action, and to the County Boards Association for the support and promotion of this resolution by said Association. RESPECTFULLY SUBMITTED: Protection Committee of Brown County Moved by Seidel and seconded by'Wickman to go on record supporting Brown County's stand and to adopt a similar resolution to be sent to the state legislators-. Motion carried. The following communication was read: No. 29 -Bayfield County Board Courthouse Washburn, WI 54891 March 215 1981 Board Member: Enclosed is a copy of a letter we have written concerning the proposed use of the herbicide Tordon 10K in Bayfield County by the DNR. We trust you will give the matter careful consider- ation. Yours truly, Catherine Ekstrom P.'O. Box 96 Washburn, WI 54891 March 21, 1981 DNR Northwest District Headquarters Box 309 Spooner, WI 54801 Dear Mr. Dries, Thank you for sending us the information on the proposed use of the herbicide, Tordon 10K. Your statement is clearly written. We also see on the map of Bayfield County that it will be used near us. We have a field that we have to keep clear of woody plants and another one that we shomld, but haven't. So we have an idea of what you are up against. Our personal view is that we would never use the herbicide, Tordon 10K, on our land and we would not want the DNR to use it on Bayfield County land. It may be cheaper, but we have serious reservations about its long term effects. Good luck in your efforts to find a safe -and practical long run solution to this problem. Sincerely yours, Don and Catherine Ekstrom cc: Bayfield County Board Moved by Renoos and seconded by Maki to receive the letter and place it on file. Motion carried. The following correspondence was read: No. 30 State of Wisconsin Dept. of Transportation 4802 Sheboygan Ave. Madison, WI 53702 Bayfield County Clerk Courthouse Washburn, WI 54891 April :21, 1981 April 6, 1981 Pursuant to Wisconsin State Statute 86.30, payment for local transportation aids has been distributed to the Treasurer in the amount of $85,452.80. This figure reflects a 7% cutback for fiscal year 1981 and is based on a combination of 2 years of actual reported costs and 4 years of average costs as shown in the statutes. Third quarter of fiscal year 1981. County of Bayfield Moved by Carter and seconded by,Renoos to receive the correspondence and place it on file. Motion carried. The following letter was read: No. 31 United States Dept. of Interior Apostle Islands National Lakeshore Old Courthouse Building P.O. Box 729 Bayfield, WI 54814 February 25, 1981 Bayfield County Board Bayfield County Courthouse Washburn, WI 54891 Dear Sirs: The National Park Service has defined alternatives for management of Natural Resources at Apostle Islands National Lakeshore. The "Environmental Assessment: Natural Resources Inventory and.=Management, Apostle Islands National Lakeshore, Wisconsin: addresses the various management alternatives available and discusses the beneficial and adverse impacts of each. Forest vegetation management, sandpi+ and beach management, management of clearings, wildlife management and fishery management are among the topics discussed in this document. We have enclosed a copy of the Assessment for your review. If you wish -to make any comments regarding it, we would appreicate receiving them prior to March 31, 1981. Sincerely, Pat H. Miller Superintendent PHM:amn. Enc. (Copy of Assessment on file in County Clerk's Office) Moved by Johnson and seconded by Seidel to receive the letter and place it on file. Motion carried. No. 32 Next to appear was Dean Johnson from Northwest Wisconsin CEP. Johnson stated that it appeared that public service employment programs will not continue, however he stated that CEP does have other types of programs which should continue to receive funding. Johnson stated that on a yearly average 382 people were elligible and in need of CETA services and that 393 received CETA services. This concluded the presentation of Dean Johnson. The following petitions were read: No. 33 April 21,.1981 Town of Russell County of Bayfield Bayfield, WI k�L>, April 9, 1981 Bayfield County Board of Supervisors J.C. Strom - County Clerk Find enclosed a petition received on March 19, 1981, by the town of Russell Clerk which reads as follows - The undersigned, being residents of the Town of Russell,_Bayfield County, Wisconsin, do hereby petition the Bayfield County Board of Supervisors to divide the Town of Russell to create one Town lying East of the range line between ranges 3 and 4 west, and one town lying west of said range line - with 102 signatures of town residents. Also the results of the vote on division of the town of Russell held at the annual town meeting on April 9, 1981: East of line for division - 0 East of line against division _- 83 West of line for division - 77 West of line against division - 20 John Leask Clerk -Town of Russell Also find second petition presented at annual meeting held April 9, 1981. PETITION TO OPPOSE THE DIVISION OF THE TOWN OF RUSSELL We the undersigned residents of the township of Russell ARE OPPOSED to having the Town of Russell divided so as to have one town lying east of the range line between ranges 3 & 4 west, and one town lying west of the said range line. (225 signatures) (Both petitions on file in County Clerk's office) Moved by Meierotto and seconded by Johnson to receive the letter and petitions and place them on file. Motion carried. The following resolution was read: No. 34 WHEREAS, The Clerk of the Town of Russell has certified to the County Clerk that a majority of the votes cast by electors west of the range line between ranges 3 and.4 west of the Town of Russell favored division of the Town of Russell to create one town lying east of the range line between ranges 3 and 4 west, and one town lying west of the said range line; BE IT RESOLVED, That a Town, to be known as the Town of Sand Bay, is hereby created, to encompass the land area described as townships 51 and 52 North of Range 4 west; BE IT FURTHER RESOLVED, That land area described as townships 51 and 52 north of range 3 west shall continue to be designated as the Town of Russell. SIGNED: Art Meierotto Moved by Meierotto and seconded by Anderson to adopt the resolution. The boundaries of the division were then pointed out on a map to the board. Moved by Ludzack and seconded by Rave to adjourn as a county board and reconvene as a committee of thu whole. Motion carried. Seidel then directed a question to D.A. Bill Bussey asking if the county board has the authority to establish another township. Bussey stated that he felt that the County Board did have the power to decide township. The attornies for both parties were then called on to give their arguments on the proposed division. Tom Casper representing the group favoring the separation spoke first and Milt Rosenberg' attorney for the group disputing the separation spoke next. April 21, 1981 Questions were raised as to the legality of the petitions presented to the board. Bussey stated that it was his opinion to refer the matter to a committee. The committee could then determine the legality of the petitions and -report back to the board. Cindy Allen, Town of Russell, stated that one of the reasons for the split is to separate the rural areas of the township from the more developed Red Cliff Community. Tom Gordon, Chairman Town of Russell, addressed the board stating that the proposed split would separate the .housing projects in Red Cliff, which would in turn take away from Indians the right to vote in their town government. Pat DePerry spoke to the board stating that she thought the people wanting the separation in the Town of Russell were being unfair by not giving the new town board a chance to run the township. Moved by Rave and seconded by Seidel to adjourn as a committee of thw whole and reconvene as a county board. Motion carried. No. 35 Moved by Wickmanaand seconded by Erickson to have the Executive Committee study the legality of the petitions and report back to the county board on this matter. Motion carried. No. 36 Moved by Renoos and seconded by Erickson to adjourn. Motion carried. Walter Barningham, Co. Bd. Chairman James C. Strom, Bayfield County Cler