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HomeMy WebLinkAboutCounty Board of Supervisors - Minutes - 3/19/1984SPECIAL MEETING OF THE BAYFIELD COUNTY BOARD March 19, 1984 7:00 p.m. The meeting was called to order at 7:00 p.m. by Chairman Edwin Renoos. The following members answered call: No. 1 Present - Thomas Gordon, Edwin Erickson, Walter Barningham, Carolyn Sneed, Clayton Beckman, Russell McGilli- vray, Charles Diamon, Fred Janz, James Stephenson, Willi'-�m Rave, Josephine McGowan, Harold Wickman, George Koval, Edwin Renoos, H-_.-_-1Gl6nfr)Spears, Walter LaJoie - James Nelson, Larry Seidel, Karl LUdzack Present - 16 Absent - 3 TOTAL '�� 19 No. 2- Moved by Diamon and seconded by LaJoie to dispense with the reading I of the minutesrof the previous and to approve the minutes as written. Motion carried. The following resolution was read: No. 3 WHEREAS, The Bayfield County Board has authorized the Executive Committee of the Bayfield County Board of Supervisors to advertise for bids on the Pureair Sanatorium Property, and and WHEREAS, The Executive-Corrjmittee has advertised for bids and WHEREAS, The Executive Committee has opened these bids and made a thorough examination of said bids, WHEREAS, The Executive Committee deems it to be in the best interest of Bayfield County to accept the bid of the Bayfield General Corporation in the amount of $301,.000.00, and the Executive Committee unanimouslyl recommends to the Bayfield County Board to award the bid for the Pureair Sanatorium property to the Bayfield General*Corporation,.now, therefore be it. RESOLVED, That the Bayfield County Board of Supervisors, meeting in session this 19th day of March, 1984,1 award the bid for the purchase of the Pureair Sanatorium property to the Bayfield General Corporation in the amount of $301,000.00, on the terms and conditions set forth in the attached offer to purchase and that the county clerk is hereby authorized and directed to sign the acceptance of said offer to purchase on behalf of Bayfield County and to sign and deliver the quit claim deed referred to therein at closing upon the receipt of the amount of $301,000 from Bayfield Gener�l Corporation. SIGNED: Stephenson, Sneed, Renoos OFFER TO PURCHASE The undersigned buyer, Bayfield General Corporation, a Minnesota corporation, hereby offers to purchase from the seller, Bayfield County, Wisconsin, the property known as Pureair Sanatorium, located in'the Town of Bayfield, Bayfield County, Wisconsin, more particularly described as set forth in Appendix I attached hereto and incorporated herein by reference, at the price of three hundred one thousand dollars ($301,000-00) and on the terms and conditions as follows: 1. A deposit in the amount of five percent of the purchase price in the form of a certified check to the order of the Bayfield County Treasurer shall be and is tendered herewith to the seller. If s offer is accepted, said deposit shall be applied as part payment on the purchase price. If this offer is withdrawn prior: to its acceptance or rejection or expiration, or, if it is accepted and buyer fails to carry out this agreement, said deposit shall at the option of the seller, be forfeited liquidated damages and retained by the seller. 2. If this offer is accepted, the buyer shall pay to the seller the remainder of the purchase price t the closing of the transaction which shall be held at the office of the Bayfield County Clerk at the in Washburn, Wisconsin, within sixty (60) days after the date of acceptance or at such other time place as may be agreed to in writing by the buyer and seller. Said payment shall be made by certified payable to the order of the Bayfield County Treasurer. Time is of the essence with respect to the ne for closing. March 19, 1984 If this offer is accepted, acceptance shall be deemed to have occurred at such time as a copy of the accepted offer is deposited, postage prepaid in the United States mail, addressed to the buyer at 18844 Ridgewood Rd., Wayzata, MN, or at such time as personal delivery thereof is made. 3. At the closing, the seller shall, upon payment of the purchase price, convey its interest in the aforesaid property to the buyer by quit claim deed. Immediately following the closing the seller - shall cause to be furnished and delivered to the buyer an owner's policy of title insurance, in the amount of the full purchase price, naming the buyer as the assured, issued pursuant to and in accordance with the commitment for title insurance attached hereto as Appendix II and incorporated herein by reference. The seller has no obligation to dispose of the exceptions listed in Appendix II and buyer agrees to purchase the property subject to them. 4. No personal property nor any laundry equipment on the premises nor any of the items excepted from Parcel 1 in Appendix I shall be included in the sale. 5. Legal possession and physical occupancy of the premises shall be delivered to the buyer on the date of closing. 6. If, prior to the closing, all or a material part of the premises is destroyed without fault of the buyer or is taken by eminent domain, this agreement may be voided at the option of the buyer provided that the seller is notified in writing of the buyer's intent -',.to exercise such option prior- to the closing. The buyer shall not be entitled to any insurance proceeds received by the seller due to any damage to the premises prior to closing. 7. If the seller is unable to carry out this agreement by reason of a valid legal defect in title, other than the exceptions referred to in Appendix II, which the buyer is unwilling to waive, �vall money paid hereunder shall be returned to the buyer forthwith and this agi:,eement shall be void. 8. This offer is being submitted as a bid in response to a solicitation of such bids by the seller. The seller reserves the right to accept -or reject this or any other bid. to purchase. 9. The undersigned buyer has read and fully understands and hereby makes the foregoing offer Dated this '". day of _, 1984 Acknowledged before me,�this _ day of . 1 1984. My commission expires Bayfield General Corporation BY: Robert F. Holmgren, President ATTEST: Bruce Rasmussen, Ass1t Sec. ACCEPTANCE The above offer is hereby accepted. The undersigned seller Bayfield County hereby agrees to sell and convey the above mentioned property on the terms and conditions set forth above. Dated this — day of , 1984. BAYFIELD COUNTY, WISCONSIN, Seller BY: Acknowledged before me this — day of James C. Strom, County Clerk , 1984. My commission expires March 19, 1984 Moved by Stephenson and seconded by Janz to adopt. Bob Holmgren briefly went over the master plan.for the Pureair. Spears stated that some sort of timetable of development for the Pureair should be set up as a guarantee that the land will be developed as proposed. Re.noos stated that this point was discussed at the Executive Committee meetings regarding Pureair and both developers who bid on the property declined to guarantee a specific timetable because of fluctuations in the economy. Spears stated this was not an acceptable condition. He still maintained there should be some kind of guarantee of development. Bob Holmgren and Bruce Rasmusseq attorney for Holmgren, described to the board the type of development they proposed for the Pureair property. They stated that they could not give a guarantee that they will all the development they plan to do completed in IxI amount of years, but they could assure the board that they will continue with the project at a rate that is economically feasible. McGowan still stated that she agreed with Spears in that there should be some type of guarantee that all these proposed developments will be carried out in a certain period of time. Karl Ludzack arrived at this time. McGowan asked if Holmgren is guaranteeing public access. Holmgren & Rasmussen asnwered that the Holsten property, Parcel 4, was to remain open to the public; however, there is no public access to this parcel. Holmg,ren�--�,added that,,,�he-,-,v�ofild--,bL-,Dwilling-::-toliwork,lwith��be, parties involved to provide walking access to this parcel. McGowan stated she would like to see that guaranteed. Gordon questioned what was the set up as to payment. Renoos answered that it was cash at the time of the turning over of the deed. Gordon further added that he would like to see some type of guarantee of development before the property is sold. Renoos explained that this subject was discussed by the Executive Committee and he felt that the committment of $301,000 was a pretty good guarantee in itself. McGowan still maintained that some restr�,ction should be put on the sale. McGowan also questioned if the presentsewage system can handle this type of.expansion. Holmgren answered that this matter*was looked into extensively and that yes the present sewage system could handle the development. .,.John Haveman, secretary for the sanitary system,.stated that there should be no problem with the development as* far as the sewage system is concerned; he stated the system as it now is, can handle the increase. Chairman Renoos next asked -if there was anyone present from Superior Development and if they wished to speak to the board. Bill Bussey, D.A., stated he received a phone call from the attorney for Superior Development and that the attorney informed him that no one from Superior Development would be in attendance at the meeting. Renoos questioned Holmgren if there would be public road access to Parcel 4. Holmgren stated there would be walking access for the public. Spears then stated that wesshould accept the proposal and called for the question. It was agreed to amend the resolution to guarantee that walking access to the Holsten property would be 1provided. Bill Bussey and Bruce Rasmussen drafted the following amendment: "The foregoing is contingent upon la provision being included in said Offer to Purchase requiring Bayfield General Corporation to provide for 1public walking access to Parcel 4 in Appendix I attached to said offer." March 19, 1984 No. 3a Moved by McGowan and seconded by Gordon to adopt the amendment. Motion carried. The question was asked to adopt the resolution as amended: No. 3b Ayes - Gordon, Erickson, Barningham, Sneed, Beckman, MdGillivray, Diamon, janz, Stephenson, Rave, McGowan, Wickman, Koval, Ludzack, Renoos, Spears, LaJoie Nayes - None Absent - Nelson, Seidel Ayes - 17 Nayes- 0 Absent- 2 TOTAL 19 Motion carried. No. 4 At this time Walter Barningham, long time board member, was awarded with a certificate from the state for his many years of service to the county, a placque from the county board honoring him�i for his years of service, and a gavel shaped like an apple also from the board in recognition of his many years of service. The following resolution honoring Mr4 Barninghan, was'read: WHEREAS, Walter C. Barningham has been a: member-of-,the:-Bayfield'County Board and will be retiring from service in April, 1984, and WHEREAS, Mr. Barningham. has served Bayfield County in a dedicated manner for 30 years and WHEREAS, The public service rendered by Mr. Barningham was exemplary and worthyof 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, now, therefore be it RESOLVED, That the members of the Bayfield County Board of Supervisors in session this 19th of March, 1984, recognize his 30 years of public service to Bayfield County and his contribution to good government and be it further RESOLVED, That this resolution be entered in the offici.;�l journal of Bayfield County and that a copy be delivered to Walter Barningham. SIGNED: Stephenson, Gordon, Spears, LaJoie, Diamon, Erickson, Wickman, Janz, Koval, Renoos, MdGowan, Sneed, Rave, McGillivray, Beckman, Ludzack Moved by Spears and seconded by LaJoie to adopt. Motion carried. The following information was read: No. 5 WHEREAS, Bayfield County is interested in maintaining lands for public outdoor recreation purposes as described in the application; and project and WHEREAS, Financial aid is required to carry out the project; THEREFORE BE IT RESOLVED, That.Bayfield County has budgeted a sum sufficient to complete the HEREBY AUTHORIZES Tom Nutt, RecretLtion Director to act on behalf of Bayfield County to �§ubmit an application to the State of Wisconsin Dept. of Natural Resources for any financial aid that may be available; sign documents; and take necessary action to undertake, direct and complete the approved project. BE IT FURTHER RESOLVED, That Bayfield County will comply with state and federal rules for the programs; may perform force account work;will maintain completed project in an attractive, inviting and safe manner; will keep the facilities open to the general'public during reasonable hours consistent with the type of facility; and will obtain from the State of Wisconsin Department of Natural Resources approval in writing before any change is made in the use of the project site. March 19. 1984 Tom Nutt was present to explain to the board that this was for the motorcycle trail program. Clerk Strom also informed the board that this was not brought before any committee because of the time element involved. Nutt further added that this resolution must be adopted just to be eligible for the program and to acquire funds. It does not mean that Bayfield County has to participate in the program. Bill Rave expressed some concern if this may be a fire hazard during the dry months. Nutt stated that when conditions in the forest are that bad the Forest Service will, in all likelihood, close.off these trails. Moved by Ludzack and.seconded by Janz to approve. Motion carried. The following resolution was read: no. 6 WHEREAS, Resolution 13 of February 7, 1984, which was the labor settlement with the General Drivers Union representing the Highway Department was adopted, and WHEREAS, Said resolution approved a 400 per hour wage increase, and WHEREAS, The settlement with the union called for a 410 per hour increase, and WHEREAS, An error was made in the writing of Resolution 13, now,thereforo, be it RESOLVED, That Resolution 13 from February 7, 1984, County Board -Meeting, be amended to show a 410 hour wage increase effective March 14, 1984. ED: Erickson, Wickman, Rave, Stephenson, Gordon Moved by Erickson and seconded by Wickman to adopt. A roll call vote was taken with the following ults: no. 6a - Gordon, Erickson, Barningham, Sneed, Beckman, McGillivray, Dlamon, Janz, Stephenson, Rave, McGowan, Wickman, Koval, Ludz.ack, Renoos, Spears, LaJoie - None Absent,- Nelson, Seidel Ayes 17 Nayes 0 Absent- 2 TOTAL 19 Motion carried. The following letter was read:11"No. 7 TOWN OF CLOVER Bayfield County Herbster, WI 54844 Mr. David Lee, Zoning Admn. Washburn, WI 54891 Dear Mr. Lee: The following action was taken, at the Town of Clover, Town Board Meeting, held at 8:00 p.m., Wednesday, March 14th, at the Herbster School. Moved by Carl Hinman, that the Town Board of the Town of Clover, be against zoning any lands within the Town of Clover, thatlay-more than one thousand feet from a lake or three hundred feet from a river, as wetlands without the Town Board's approval. Seconded by Clayton Beckman. Carried. 3incerely, Dana, Clerk • James Strom, Bayfield County Clerk • Edwin Renoos, Chairman of the Bayfield County Board Moved by Diamon and seconded by Barningham to receive and place on file. Motion carried. Clayton Beckman was informed to go over to the Zoning Office to look at the wetlands maps and tell of any discrepancies. The following resolution was read: No. 8 WHEREAS, Motion # 27 of the Bayfield County Board of Supervisors Meeting of August 15, 1983, was adopted by said County Board of Supervisors, and WHEREAS, Motion #27 recommends to the Highway Committee to purchase one full size automobile for the Highway Department, and WHEREAS, Motion #5 of the County Board of Supervisors was adopted on September 27, 1983, directing that the money needed to purchase said automobile be placed in the 1984 budget for purchase in January of 1984, and WHEREAS, The Highway Committee made no provision for a levy for equipment purchases in its 1984 budget, and WHEREAS, It had been discussed and assumed that monies had been provided for in the 1984 Budget to cover purchase of said automobile, �_�,.,nd NOW, THEREFORE, BE IT RESOLVED, That the amount of $10,776.00 be transferred from the Contingency Fund to the County Highway Department Machinery Fund to dover the purchase of said autoinobile. SIGNED'-. Erickson, Rave, Spears, Diamon, Janz Moved by Spears and seconded by Janz to adopt. Misunderstanding as to which budget the money to purchase the automobile was to come out of was why the resolution was drafted. ment fund. Questions were asked why the mone_�� for the automobile couldn't come out of the highway equip- The Highway Committee answered because this item was not budgeted for. Sneed stated that this expenditure should come out of the highway budget; the same way that when sheriffs cars are purchased the expenditure comes out of the sheriff's department budget. McGowan stated that -the Highway Department should pay for the car out of their budget and if they run short of funds at the end of the year, they should come to the Executive Committee and ask for reimbursement. This way the board would not be setting a precedent for other departments. Stephenson stated that at this point the Highway Department is in better shape to purchase the automobile than the county. A few board members agreed with McGowan stating that the Highway Department should pay for the car and then if their budget runs short they can alwayp_z�,�come back and ask for reimbursement from the Executive Committee. Moved by Janz to amend the resolution to state that the money is to come out of the Highway Equipment Fund and that if the Highway Budget runs short, the Highway Department is to come back to the County Board for additional funds. The motion was seconded by Erickson. Moved by McGowan and seconded by LaJoie to table the matter until the next' meeting. A roll call vote was taken with the following results: No. 8a Ayes - Barningham, Sneed, Stephenson, Rave, McGowan, Wickman, Koval, Ludzack, Renoos, LaJ6ie Nayes - Gordon, Erickson, Beckman, McGillivray, Diamon, Janz, Spears Absent - Nelson, Seidel Ayes - 10 Nayes- 7 Absent- 2 TOTAL 19 Motion carried. 10 Stephenson next asked the board for their concensus on the follo�mng issue. Stephenson informed the board that the union took a vote stating they would rather see permanent lay-offs than take one day off per-r.month without pay. Stephenson stated that the county's labor negotiator is taking the one day off per month issue to mediation for a decision. Another alternative would be to close the courthouse March 19, 1984 one day penrmoftthoor permanent lay-offs. It seemed to be the board concensus that they did not wish to see lay-offs;, the board agreed that they wish to wait and'see the result of the mediation of the one day off per month issue before they go any further. No. 10 Moved by LaJoie that the-,ihinttes of all the meetings be mailed to each county board member ratherr: than receiving them just before the board meeting. Renoos stated that by doing it that way you run into a great expense with postage. A !§uggestion was brought up that each county board member have their own mailbox in the courthouse for the purpose of placing mi nutes to all the various meetings in therw.--, The clerk suggested that the department heads pick up the minutes that are compiled in.the county clerk's office before they have a committee meeting and pasAe, minutes out at their meeting. The board decided they would do it this way to see if it would work out to the satisfaction of the board members. No. 11 Moved by Erickson and seconded by Barningham to adjourn. Motion carried. os, L;ounry -boara unairman