HomeMy WebLinkAboutCounty Board of Supervisors - Minutes - 5/29/19841`76 a
May 29, 1984
MEETING OF THE BAYFIELD COUNTY BOARD OF SUPERVISORS
May 29, 1984
9:30 a.m.
The meeting was called to order by Chairman Edwin Renoos. The following members answered roll call:
No. I
Present - Linda Brown, Edwin Erickson, Thomas Gordon, Carolyn Sneed, Russell McGillivray, Charles DiamiQn,
Fred Jacobson, Fred Janz, Rudolph Janes, Harold Wickman, George Koval, Karl LUdzack, Edwin Reftoos, Herbert
Spears, Walter LaJoie
Absent Clayton Beckman, William Rave,.Josephine McGowan, Larry Seidel
Present 15; Absent - 4; Total - 19
No. 2
The pledge of allegiance was recitLd by the board.
No. 3
Moved by Spears and seconded by LaJoie to dispense with the reading of the minutes of the previous
meeting and to approve of the minutes as written. Motion carried.
No. 4—
A presentation was made by William Bussey regarding the oil and gas leases requested by Mr. Charles
Beach, oil and gas man. He state.d.that he has expressed his concerns about the lease with Mr. Beach and
that Mr. Beach is willing to work with Mr. Bussey to work out some of these concerns. Mr. Bussey suggested
that he and the Executive Committee along with Mr. Beach work together on. this and come to some type of
agreement on the leases.
Larry Seidel arrived at this time.
Bussey informed the board that they may like to lease some land and hold some back until a later date;
this way, if oil is discovered, they can negotiate a lease on the remaining land at a bigger profit. He
also added that if no oil is discdvered, the county would be losing the money that they would have gained
if they had signed the leases in the b eginning. Bussey also informed them that they have the option of
signing all the county lands over on leases. Another option was not to sign any leases at all. Bussey
stated that these are some things that'the board should think a6out before a final decision:Us-�made.
Bussey also updated the board on the gas and oil leases on county forest lands with Amoco. He stated
that county forest lands.have state regulations on them, which require provisions in the lease that will
protect the county forest resources, This has to be done before the DNR will approve the lease. He also
stated that a monitoring team. has to be formed to decide what resources will be affected and then place
provisions in the lease to protect.these resources. Bussey stated that a monitoring team has been chosen
and that William Hepner, County Forest Administrator, is part of this team.
Mr. Beach was present to answer any questions the board may have regarding the oil and gas leases.
McGillivray.stated that Bayfield County should proceed with caution in this matter and study the
matter thoroughly before making a decision.
Spears agreed with McGillivray stating that we have'nothing to lose by waiting awhile to study the
matter.
The following letter was read regarding the subject: No. 4a
Bayfield County Board of Supervisors May 24, 1984
Bayfield County Courthouse
Washburn, WI 54891
At the meeting of the town board of supervisors on May 8, 1984, the board went on record favoring public
hearings by the county board of supervisors, before oil and gas leases are approved.
John Haveman, Clerk
Town of Bayfield
Bayfield, WI 54814
dd: Carl Wichlidal
Larry Weber
Don McCutcheon
May 29, 1984
4 f; PQ� pq�,�
a4,r 6e
Moved by Seidel,and seconded by LaJoie to receive and place on file. Motion carried.
Gordon suggested.that the county somehow notify people who have bought land from the county that the
county.does retain the mineral rights on these lands. He suggested that maybe.a public,hearing should be
held or a notice be,published in the newspapers..
No. 4b
Moved by. Gordon and seconded by LaJoi,e t7o— efer the rriatterof havinga�,public h earing on the gas and oil
leases to the E xecutive Committee for study.
Seidel stated that if a public hearing would be held on this subject, experts from both sides of the
issue should be found to be present at the hearing.
Jacobson stated that Gordon s fears.. of people- not knowing that the - county retained the mineral rights
to their property are.very real; however, he does not feel that a public -hearing should be held on -the
matter and that other,means be used to notify land owners that the county possibly owns the mineral rights
on their property.
McGillivray stated that Ashland County has done some research on �this matter and maybe they would be
willing to share this information with Bayfield County.
y
Ludzac'k agreed �Tith Jacobson, stating that he felt a public notice.could be published notifying people
that they,may not own their mineral rights. He stated that it would then be up to the individual to find
out if he -or she is the owner. of the mineral rights on his or her� propefty.
Sneed stated that the,time may comb when a public hearing will be nedded, but now is not the*time.
The question was askeld.on+he-motion' to refer the matter of having a public hearing to the Executive
Committee. Motion carried.
No. 4c
Moved by McGillivray and seconded by Koval to have the District Attorney offer Ashland County $250 to
�share their information that they received from research on the oil and gas leases.
Some discussion was held on thisr--mbtion.
No. 4d
Moved by Jacobson and seconded by Sneed that the District Attorney be authorized to spend up to $250
to further the cooperation between Bayfi.eld County and. Ashland C ounty in regard,to existing, pending, and
future oil leases.
A discussion was held on this motion, after which Jac.obs.on and Sneed withdrew the motion.
The question was asked on the motion to offer $250 to Ashland County, for 'information they may be able
to give us on gas and oil leases: A roll call vote -was taken with the following results: No. 4e
Ayes � Brown, Erickson, Gordon, Sneed, McGillivray, Diamon, Jabobson, Janz, Janes, Seidel, Wickman, Koval,
L�dzack, Renoos, Spears,-LaJoie
Nayes None
Absent Beckman, Rave, McGowan
Ayes - 16; Nayes 0; Absent - 3; Total 19 Motion carried.
The following charter was discussed: No. 5
CHARTER
BAY AREA RURAL TRANSPORTATION COMMISSION
The parties to this contract agree to and do hereby create a commission to be known as the Bay Area
Rural Transportation Commission.
ARTICLE I CREATION, NAME, PURPOSE AND DEFINITIONS
Section I - Authority: The commission.is created under, by virtue of and pursuant to theopro kisions of
S. 66-30� Wis. Stats., as amended.
May 29, 1984
Section 2 - Namei The commission shall be known as the Bay Area Rural Transportation Commission; herein-
after referred to as the "Commission".
Stidtibh 3 - Purpose: To provide, preserve, promote, protect, plan, assist, finance, acquire, operate, main-
tain and enhance existing and future transportation systems in Ashland and Bayfield Counties, Wisconsin,
including but not limited to the existing Bay Area Rural Transit System, BART, providing service to the I
communties of Red Cliff, Bayfield, Washburn, Ashland, Odanah and the corridor connecting these communities
to establish and maintain effective coordinated public transportation services for the benefit of the member
municipalities.
Section-4-Definitions: For the purpose of this agreen�ent: a) "Municipality" means any city, village,
town, county, or federally recognized Indian tribe or band. b) "TransporttLtion System" means any public
or private passenger or freight, transportation facility or operation including, but not limitedl-6 motor
buses or any other systems of public transportation utilized by, or for the benefit of the citizens of
Wisconsin. The term "transportation system" will be brb'adly construed to include au�,iliary facilities such
. . I as but not limited to depots, maintenance facilities, and motor vehicle parking areas. c) "Governing body"
me-ans 1. the common council of a city; 2. the board of trustees or board of supervisors of a village or
town; 3. the board of supervisors of a county; 4. the tribal council of a federally recognized Indian
tribe or Bank; or 5. the board of Commissioners or trustees of a mass transit commission, district or
authority. d) "Board" means the Board of Commissioners of the Bay Area Rural Transportation Commission.
e) I'Member Municipality" means a municipality -which is a member of the Commission under the terms of
Article II of this contract. f) "Commission" means a person designated by' a Member Municipality or by the
Board pursuant to Art. 11, Section 10 to serve on the Board of Commission-. g) "Fiscal Year" means
January 1-through December 31.
ARTICLE II MEMBERSHIP
Section I Creators: The Red� Cliff and Bad River bands of Lake Superior Chippewas, the Cities of Bayfield,
Washburn and Ashland and the Counties of Bayfield dnd Ashland are the creating municipalities and original
members of this Commission.
Section 2 - Member, Eligibility and Prodedure: Any other municipalities within the Counties of Ashland and
Bayfield are eligible for membership upon ordinance of their governing bodies accepting this contract,
filing a certified copy of such ordinance with the Commission, and approv,;il by a majority vote of the
Board. The municipality shall designate the name of their representatives to the Board. These
municipalities shall then be members of the Commission subject to compliance with Wis. Statutes with rights
and responsibilities as specified in the by-laws.
Section 3 - Financial Contributions: Any member who fails to comply with Article VI, Section 5 (payment of
allocated cost) shall, upon resolution of the Board, cease to be a member in good standing, and its
representatives on the Board shall be ineligible to vote until payment is made.
Section 4 - Withdrawal: Any member Municipality may withdraw from the Commission upon a majority vote of
its governing body.
I Section 5 - Number of Commissioners Per Member: The number of Commissioners representing each municipality
.shall, as closely as possible, be equal to that muniQipality's proportionate share of the cost of operating
the BART system withe each member having at least on,- Commissioner. Original membership Commi.,§sioners
shall consist of: City of Ashland.- 2; Ashland County - 1; BadRRiv--r Reservation - 1; Bayfi-- ld County 1;
�City of Washburn - 1; City of Bayfield - 1; Red Cliff Reservation - 1. Each representative shall have
I vote. I I
Section 6- Term: The Commissioners shall serve for a period of two (2) years, four to be appointed each
year so as to provide a staggering of terms.
Section-7.--Compensation: Commissioners shall not be paid, by the Commission but shall be compensated for
authorized travel and other -expenses.
og'
29. 1984
Section 8 — Removal: A commissioner may be removed from office by a two-thirds' vote of the Board or by a
majority of the governing body.of the appointing municipality for misconduct, malfeasance or neglect of duty
in office. Any vacancy so created shall be filled as provided in Section 10.
Section 9 Succession: A commissioner shall hbld office untilhis or her successor has been appointed,
except� in�the'case of removal pursuant to Art. 11,: Sec. 8-
Section 10 Vacancies: Vacancies on the Board shall be filled by the appointin
g municipality within sixty
(60).days.after.occurrenc . e ofthe vacancy; or by the Board within thirty (30) days thereafter if not made
within said,60 day.period by the appointing municipality.
Section 11 Indemnification: The commission agrees to hbld harmless or indemnify its directors, officers,
commissioners, employees aind agents ag ainst any claims or judgements arising out of.orin connection with
their work under the provisions of -this contract., The Commission shall see.k*appropriate counsel to defend
claims filed against these individuals concerning,work done under the charter, and shall pay for such
legal services.
ction 12,- Liquidization: In the event.of liquidization, the assets shall be used for payment of the obli-
tions and'debts of the Commission, and the remaining'assets,�if any, shall be. distributed to the remaining
Der municipalities in ratio to past capital contributions by those remaining municipalities
ECLE III.- POWERS,bg THE COMMISSION
on I - The Commission under this'contract may exercise the power granted by law from time to time to its
member municipalities-' If these municipalities have varying powers of duties under the law, each may act
under the contract to the extent of its lawful powers and duties. Thus, the Commission has the status of
a municipality. This section shall supersede any conflicting charter provisions, andshall be liberally
construed. The.Conirission especially possesses all powers'of the member municipalities relating to the
promotion and'operation of:.transportation systems which further the purposes of the Commission as expressed
in Article I, Sectiori 3 of this charter.. The commission's power.includes, but is not limited to, the
following:
ai To purchase, lease, use,' sell, subsidize, contract for, own, operate, or provide for the operation of
ny transportation system orany part thereof or any property or franchise necessary or desi�able for the
urpos.- of the Commiss . iop, with or from any governmental or private body', including the right to contract for
nanagement or any:6ther'services;
b) To conduct or co,ntract:for transportation -studies anddplanning, and to coordinate these plans with
any other political subdivision 6 . r,public agency including Wisconsin State agencies;
c) To employ a transit manager and such other employees as it deerris.desirable to accomplish its purposes;_
d) To make, amend and repeal all by-laws, rules and I regulations not inconsistent with the purpose of
agreement as deemed necessary to the 'discharge of the powers, duties and functions of the Commission;
e) To establish and.alter rates, fares, and other charges for servides and facilities;
f) To establish and -alter schedules and routes;
g) To apply for and/or accept gifts or grants of money or bther property;
h) To promulgate policies -which may affect the operational efficiencies of.the transportation system;
i To adopt, use and alter at will a corporate seal;
j) To do all acts.and things necessary or convenient for the conduct of its business and the general
fare of the Commission in order to carry out the powers granted to it by this charter or 'any other law.
tion 2 - Board of Commissioners: All actions of the Bay Area Rural Transportation Commission shall be
ercis.ed under the control and direction of the Board.
29, 1984
Section 3 - Financing. : The commission, upon approval of the member municipalities, may under Section 66-30
(3m), Wisconsin Statutes, finance the acquisition, development, rem odeling, construction of buildings and
facilities for purposes of the Commission under Sec. 66.066, Stats. Member municipalities may jointly or
separately finance such projects, or any agreed share of the cost thereof, under Chapter 67, Stats. The
Commission may exercise any power of any of its members to borrow funds in the furtherance of the' Commission's
contractual functions.
Section 4 - Under Section 194.33, Wis. Stats., no common motor carrier of PtLssengers�z.:shall operate any
motor vehicle within or throughang,member city, village or town except in compliance with action taken by
the Commission on behalf of its member municipalities in relation to such streets and routes.
ARTICLE V - INTERGOVERNMENTAL COOPERATION
Section I - Intergovernmental Agreements: This Commission, may enter into agreements under Sebtion 66-30,
Wis. Statutes and any future amendments to this sectio; with any municipality, as defined in Sec. 66.30,
Stats. or with any private entity.
ARTICLE VI-. FINANCING
Section-l-,Budget,Preparation: The T ransit Manager or any other person as directed by the Board shall,
annuallyn, before the 15th day.of September, prepare the operating budget, and shall presebt it to the'
.Board for consideration and approval. Approval of the budget shall be accomplished prior to expenditure
of funds in the following fiscal year beginning on January first.
Section.2-_Budget Review: The Board shall have full authority to amend in any manner the proposed budget,
and before final action on the budget, shall send copies of it to the member municipalities for review and
approval.
Section_3_-,Budget_Hearing:. Me Board shall establish a date and place for public hearing and review of
the proposed budget before final approval is made thereon.
Section 4- Final Approval: Final approval of the budget shall be made by the Bo ard. Upon final approval of
the budget, the Board shall certify it to each member municipality together with a statement of the
member's share thereof, which shall be determined as follows;
1) Urban Service. Since the City of Ashland is considered by the state to be an urban area (popula-
tion - 5,000+), it is eligible for Section 18 and State 85.20 Transit Assistance dollars. Since -the type
of service provided in Ashland is different than the rural service, (slower speeds, more stops, requirifig
more labor and fuelper ,rile), the City of Ashland purchase service based on the percentage of time the rural
tem spends in Ashland. At the present service level, 34% of the transit service time oedurs in Ashland
and thus the City purchases service at a price equal to 34% of the.total-systeff, cost. Fares collected for
trips within the City will be applied toward the price of that service with the balance of the cost coming
from local and whatever state and federal dollars and City can secure.
2) Rural Service. Rural service cost is relatively'consistent throughout the system. The cost of
service shall be divided -equally among the rural member communities.
Cash contribuations from local units can be reduced by the provision of "in kind" service or "soft"
i�deral or state match items.
ection,5_-,Capital_Ex2enditures: Each member municipality shall pay an equal share of Capital costs.
ection 6 - Payment: Each member shall pay its allocated cost within thirty (30) days after the start of
he new fiscal year. Budget allocations as provided for in Section 4 hereof, approved by member municipal -
ties and included in such municipal budgets �3hall be a legal debt for which the Commission may bring legal
ction.
RTICLE VII - PUBLICNOTICE OF MEETINGS
ection 1 - Notification: The Commission shall notify its official newspaper and each member municipality
regularly scheduled and special meetings, submitting with such notice the time and �lace of such me'eting
, 0
copies of the proposed agenda.
May 29, 1984
Section 2 - Rules: The meetings shall be open to the public, and the Board may*establish reasonable
tions to enable members of the public to be heardoniany matter coming before the committee.
Sebtion 3 - Records: All minutes and budget records of the Commission shall be' deemed public records and
be made available to the.public under reasonable rules and regulations, including charges for copies,
which the board. shall establish, except for those documents and records usedn"in negotiations or legal actions
or proceedings to which the Commission is a party.
ARTICLE VIII - ACCOUNTING & BUDGETARY PROCEDURES
Section 1--� Procedures: The Commission shall establish appropriate accounting and budgetary procedures in its
laws.
tion 2 - Annual Audit: An annual audit shall be performed by the Wisconsin Department ofTransportation
or by an independent certified public accountant hired by the Commission to audit the accounting and
etary records of the commission. This shall be completed within five (5) months after the close of each
fiscal year. Certified copies of annual audits shall be filed with the gbverning board of each member
ty.
Section 3-Financial Re
ort: The Commission shall publish a certified annual statement which shall be
rnished to the governing bodies of each member and released to the public.
TICLE IX - EFFECTIVE.DATE
ection I- Effective -Date: This charter shall become fffective upon ratification and execution by member
unicipalities.
ARTICLE X - AMENDMENTS.
Section I - Procedure: This Charter may be amended by a two-thirds vote of the board and upon ratification
a majority vote of the governing bodies of the member municipalities.
;ion. 2- Eff ective- Date! Upon ratification, amendments shall become effective when copies of said amend-
s have been delivered by eartified mail'to each'member municipality.
XT - SEVEWILITY
any article, section, subsection, sentence, clause, or provision of this Charter is held invalid, illegal,
unenforceable, the remainder of this contract shall not be affected.
In witness whereof, the following parties executed this contract on the respective dates shown:
cipality
: Officer, Title
Ed Pa.jala was��present to answer.any questions the board hadonnthe charter. Moved by Gordon and
onded by Jacobson to adopt.the charter.. A roll call vote was taken with the following results: No. 5a
-OBrown, Erickson, Gordon, Sneed, MdGillivray, Diamon, Uacobson, Janz, Janes, Seidel, Wickman, Koval
, Renoos, Spears, LaJoi_- I
es - None
ent Beckman, Rave, McGowan
s - 16; Nayes - 0; Absent 3; TOTAL - 19 Mption carried.
May 29, 1984
91-
gb cr-ow
EVU
40j
No. 6
Renoos stated that he Has appointed Edward Pajala as representative for Bayfield County on the
B.A.R.T. Board. Moved by Spears and seconded by Erickson to approve the nomination of Edward Pajala to the
board. Motion carried.
The following resolution was read: No. 7
WHEREAS, Bayfield County does 4 operate the Pike Lake Park and campground and
WHEREAS, The well for drinking wateri.6,n6t approved by the State as being palatable, and
WHEREAS, It was the opinion of the Forestry, Conservation, Recreation, and Parks Committee to request
the Executive Committee for the drilling of a new well, and
WHEREAS, The Executite Committee has studied this request and deems it to be in the best interest of
Bayfield County to have this new well drilled and
WHEREAS, Dick Squires Well Drilling, Co.,-,�has submitted a proposal to drill this well for $1,738..00,
now therefore be it
RESOLVED, That the Bayfield County Board of Supervisors in session this 29th day of May, 1984, authorizel
the Forestry, Conservation, Recreation and Parks Committee to sign a contract with Dick Squires Well
Drilling Co., to drill a well at Pike Lake County Park for a sum not to exceed $1,738.00 and to transfer this
amount of money from the contingency Account to the County Parks Outlay account.
SIGNED: Ludzack, Sneed, Wickman, McGillivray
Moved by Diamon and seconded by Gordon to adopt. A f�oll call vote was taken with the following results:1
No. 7a
Ayes - Brown, Erickson, Gordon,- Sneed, McGillivray, Diamon, Jacobson, Janz, Janes, Seidpl`cWickman Koval,
7 1 7
Ludzack, Renoos, Spears, LaJoie
Nayes - None
Absent - Beckman, Rave, McGowan
Ayes - 16; Nayes - 0; Absent - 3 Total - 19 Motion carried.
The following resolution was read: No. 8
WHERE -AS, The Cable Natural History Museum has requested that a tract of land described as follows:
I NENE, am'.d E. for 436 ft.,on Lot 8, Sec!z, 15-.43-6 as described in. V. 359 P.D78-79 South of Old County Highway
Ild"I be granted a tax exempt status, and
WHEREAS, This request was presented to the county board in August 1983 and referred back to the
lExecutive Committee and
WHEREAS, The Bayfield County District Attorney has ascertained that the county board has the authority
Ito exempt this property pursuant to 70-11(20) of the Wisconsin Statutes, and
WHEREAS, The Executive Committee deems it t6 be in t�e best interest of Bayfield county to deny such
Irequest, now, therefore, be it
RESOLVED, That the Bayfield County Board meeting in session this 29th day of May deny the request
of the Cable Natural History Musemrrto have the NENE and E,for 436 Ft. on Lot 8, See. 15-43-6 as described
in Vol. 359 P. D78-79 South of Old Highway I'd" exempted from property tax.
SIGNED: Sneed, Wickman, Ludack, McGillivray
Moved by Seidel and seconded by LaJoie to adopt.
Sneed then commented that the Executive Committee was not too sure about the description as they were
under the impression that part of the description was to be denied exempt status and part was to be granted.
She suggested that it be referred back to the Executive Committee. Seidel and*Lajoie withdrew their motion
at this time.
Moved by Ludzack and seconded by Seidel to refer the matter back to the Executive Committee. Motion
carried.
May 29, 1984
and
The following.res*olution was'read:., No. 9
WHEREAS, The terms of two members of the Bayfield County Board of Adjustment will expire on July 1, 1984
WHEREAS, -It i.� recommended to the County Board of Supervisors that Gordon Strub, Town of Iron River, be
appointed,to the said Board*of Adjustment to fill on-e of the said -vacancies, and
WHEREAS, It is recommended to the Bayfield County Board of Supervisors that Vernon Halvorson, Town of
Russell, be appointed to the said Board of Adjustment to fill the other of the said vacancies, now, there-
fore, be it
RESOLVED, That Gordon Strub and Vernon.Halverson are hereby appointed to the Board of Adjustment for
three (3) year�terms commencing July 1, 1984.
SIGNED: Edwin Renoos, Co. Bd. Chdirman
Moved by Diamon and seconded by Wickman to adopted. Motion carried.
The following claim was read: No. 10
NOTICE OF CLAIM
TO',.. Ashland County
C/O Office of County Clerk,
201 Second St. West
AshlAnd, Wi 548016.
Bayfield County
C/O Office of.County Clerk
117 East 5th St.,
Washburn, WI 1 54891�
State of Wisconsin
C/O Office of Attorney General
114 East Capitol
Madison, WI 53702
Delores Filipczak
Official Circuit Court Reporter
C/O Bayfield County Courthouse
117 East 5th St.
Washburn, WI 54891
PLEASE BE ADVISED, that Garla6d City Corporation, a Wisconsin Corporation, GarlandCity Properties, and
Milo John,Munson, all three of whom are claimants herein, and the undersigned attorney, Thomas W. Moran IV,
of Borg, Peterson, Cirilli & Moran, 1511 Tower Ave., Supetior, Wisconsin . 54880, on behalf of his clients
the above mentioned claimants hereby make a claim against the above named Ashland County, Bayfield County,
State of Wisconsin, and their respective agents and employees, and Delores Filipczak, for damages sustained
by Garland City Corporation, Garland City Properties, andMilo John Munson, arising out of a series of events.
which culminated and concluded with the Supreme Court of the State of Wisconsin denying the Petition for
Re view in the case of Richard S. Sennott V. Gat -land City Corporation, et al, Appellate Case No. 83-484.
On or about March 16, 1983, the claimants' appelate'attorney, Jeffrey T. Jackomino, ordered that a
transcript of all the proceedings in the case of Sennott v. Garland City Corporation, et al, Ashland
County Circuit Court Case No. 82-SC-605, for the purpose of pursuing an appeal from an adverse judgement
in said case which had been entered and docketed on February 23, 1983. The issue for appelate review in sa
case involved a ruling by the Honorable Thomas Galla)3her, acting Circuit Court Judge for Ashland County
wherein Judge Gallagher denied the claimants' motion for d�l iscovery at a pre-trial.hearing on February 8,
1983. Delores Filipczak, acting official Circuit Court Reporter for Ashland County, recordedthe pre"trial
hearing including the arguments and rulings by the Court on that day. However, although Ms. Filipczak
the official Circuit Court Reporter for Bayfield County, certified that appellate attorney Jackomino had
ordered a trnascript of all the proceedings, she carelessly and negligently failed to transcribe the
pre-trial hearing and file same with the Ashland County Clerk of Court's office.
By reason of Delores Filipczak's failure to -perform her duties in accoedance with the degree of care
skill, judgement and professionalism which is usually exercised under like and similar circumsta. nces in the
transcrTption, compilation, and transmittal of the court transcript reque�;ted by the claimants' appellate
attorney, the claimants' appeal to the Circuit Court of Appeals, District No. III, was denied and, without
a transcript to refer to,, the Appellate Court affirmed the trial court's rulings on December 6, 1983. By
reason of Delores Filipczak's negligence in failing to perform her duties in accordance with professional
standards, failing to consult pertinent documents oe knowledgeable court offic, )(316) and by transcribing and
29, 1984
filing a transcript which she knew or should have known was incomplete and upon which the claimants, their
agents and employees, relied upon to their detriment before the Appellate Court, the Court of Appeals for
the Third District ruled, inter alia, that it must confine its analysis to the record, that it was the: -
claimants' duty to obtain a sufficient record, and without a sufficient record the appellants lose their
opportunity to appeal an order.
By reason of the County of Ashland's, by its agents and employees, careless, negligent, and unprofesa-r
sional failure and negligence to supervise the work of Delores Filipczak who was acting as its official cour
reporter on February 8-�- 1983; and by reason of the County of Bayfield's and the State of Wisconsin's, by
their respective agents and employees, failure to properly superviseand control the work product of their
employ--.-, Delores Filipczak, they, jointly and severally, through their negligent acts and omissions,
together with Delores Filipczak are directly and proximately responsible for the damage and lbsses sustained
by the claimants.
The amount of said claim against each of the aforesaid, individually and severally, is in th amount of
$28, 021.,05, which covers the aggragate damage and injury suffered to the' several claimants. The amount
of said claim covers, inter2-alia, the loss of butiness reputation and opportunity, attorney's fees incurred
by the claimants, costs incurred by the claimants, the total judgment entered against the claimants by the
trail court in this dase to date, and the mental distress, anxiety, and emotional distress occasioned
thereby, all resulting from the aforesaid negligence and wrongful conduct and the mishap occasioned thereby.
Dated this 27th day of February, 1984.
Thomas W. Moran IV
Attorney for Claimants
1511 Tower Ave.
Suprior, WI 54880
715-394-7783
No. 1 Oa
William D. Bussey
Coufthouse
Washburn, WI 54891
March 15, 1984
Jim Strom,
Bayfield County Clerk
Courthouse
Washburn, WI 54891
Dear Jim:
In reply to your letter of March 5, 1984, regarding the notice of claim of Garland.City Corporation Et Al.
against Delores Filipczak, Bayfield County Et Al. I hecommend that the claim be denied by the County
Board on grounds that itl'lis without merit and may not have been timely filed. Notice of the disallownace
,,should be serviced upon the attorney for the claimants be registered or certified mail with returne
receipt requested and the notice should include a statement that notaction on the claim may be brought
against Bayfield County: after six months from the date of service of the notice.
Sincerely,
William D. Bussey
Moved,by Janz and seconded by LaJoie to deny the claim. Motion carried.
The following order was read: No. 11
WHEREAS, The County Highway Committee of Bayfield County, Wisconsin, pursuant to Order of the Division
of Highways and Transportation Facilities, acquired under Section 84.09, Wisconsin Statutes, or predecessor
thereof, certain lands or interests therein; and
WHEREAS, The titl--.to said lands or interests in said lands is transferable to the State of Wisconsin
pursuant to said Section 84.09 on Order of the Division of Highways and Transportation Facilities to the
County Clerk and the County Highway Committee.
IT IS HEREBY ORDERED that the said County Clark and County Highway Committee convey to the*2State of
Wisconsin without charge the title or easement acquired With the following parcel(s) of the Division of
Highways and Transportation Facilities project designated below:
May 29, 1984
Parcel - 4; Grantor - Carolin Ante and Anton Ante; Location - PartS of Goverment Lots 4, 3, 2, and 1, Sec.
17-T. 47NI R. 5W; Volume (reel) - 159; Page (Image) - 427; Document Number - 190523
Recorded 10-27-53
SIGNED:H.L.Fiedler, Administratbr
Moved by Seidel and seconded by Spears to approve. Motion carried.
The following resolution was read: No. 12
WHEREAS, The terms of office to the.Northwest Regional Planning Commission for, Edwin Renoos and Wallace
Johnson have expired', and
WHEREAS, County Board Chairman Edwin R6noos has appointed Wallace Johnson and himself, Edwin Renoos,
to serve on the Northwest Regional Planning Commission, now, therefore, be it
RESOLVED, That the Bayfield County Board of Supervisors in session this 29th day of May, 1984, do con-
firm this appointment.
SIGNED:- Sneed, Ludzack,.Seidel, Spears', LaJoie, Brown, Erickson, McGillivray, Jacobson, Wickman, Koval,
Diamon, Janz
Moved by Spears and.seconded by Koval to adopt. Motion carried.
The following notice was read: No. 13
NOTICE - ACCESS TO PUBLIC RECORDS
T -his notice pertains to access to public records of the Bayfield County Clerk, Bayfield County Board, Execu-
tive Committee, Personnel and Labor Relations Committee, Sheriff's, Emergency Government and Veteran's
Service Committee, Zoning and Building Code Committee, Agriculture, Soil Conservation, Fair and Fencing
Committee, Development and County Land Sales Committee, and Forestry, Conservation, Recreation, and Parks
Committee.
The county clerk is an elected county official with duties prescribed by statute. The county board is
the governing body of Bayfield County, and the above committees are committees of, and created by, the
county board.
w
The county . clerk is the legal custodian of his records and the records of the county board and above
committees. Except as otherwi�se_ provide : d by law, any member of the public. may inspect such records by
making a request to the county clerk or his designee at the county clerk's office in Washburn, Wisconsin,
during normal office hours which . are from 8:00 a.m. to 4:00 p.m., Monday through Friday, excluding holidays.
Except as otherwise provided by law, any member of the public may obtain copies of such records for
a fee stated below by making a request to the county clerk or his designee at this office during normal
office hours.
FEES
Voter hegistration & poll lists -current Candidates
Others
Voter registration lists -prior elections Candidates or Political Parties
Others
Poll lists -prior elections
Nomination Papers
Campaign finance reports
Tally & canvas reports
Candidates or Political Parties
Others
$.10
per
page
.90
per
page
.25
per
page
.90
per
page
.25
per
page
.90
per
page
.90
per
page
.90
per
page
1.10
per
page
COUNTY BOARD AND COMMITTEES
Minutes
Ordinances
Resolutions
Reports
Correspondence
Contracts
LICENSES
Marriage license applications
Hunting & fishing license applications
Dog license reports
GENERAL ACCOUNTING RECORDS_
Invoices
Receipts - General
Other
Ledgers and associated documents
MISCELLANEOUS
Official oaths
Insurance policies
Requisitions
Purchase orders
Payroll records
Personnel records (non -confidential)
Certified copies of any of the above
.90
per
page
1.10
per
page
1.10
per
page
.90
per
page
.90 per page
.90 per page
.90 per page
.30 per page
1.10 per page
.90 per page
.30 per page
.90 per page
1.10 per page
.90
per
page
.90
per
page
.30
per
page
.50
per
page
1.10
per
page
.90
per
page
additional .25
Certain documents and records maintained by this office can only be reproduced using photographic or
other specialized reproduction devices. These documents and records include the following:
Building plans and blueprints Actual, necessary & direct cost of reproduction
Zoning maps Actual, necessary, & directo-- cost of reproduction
County board - supervisory dist. maps Actual, necessary & direct cost of reproduction
If copies are to be mailed to the requester, the requester shall also pay the actual, necessary and
direct cost of mailing.
The county clerk may require requests for inspection and/or copying of public records to be in writing.
Certain records of the county clerk, county board and above committees may not be open for public
inspection,because of their legally recognized confidefttial nature. If a record is requested which the
county clerk determines to be confidential, he shall inform,'ihe requester of his decision and the basis
for it. If the requester objects to the decision, he may make a r�eque.�t to the Bayfield Couhty District
Attorney, whose office is at the Courthouse in,Washburn,�Wisconsin, to review the matter.
This notice is given pursuant to the Bayfield County Access to Public Records Ordinance and Sections
19.31 through 19.39 of the Wisconsin Statutes pertaining to public inspection and reproduction of public
records, copies of which are available for inspection�,:�a6d copying at the Bayfield County Clerk's Office.
Moved by Spears and seconded by Gordon to adopt. Motion carried.
A The following resolution was read: No. 14
pro WHEREAS, Bayfield County contains within its borders a federally recognized Indian Reservation, namely
p. -the Red Cliff Reservation, and
ry
May 29, 1984
WHEREAS, the County has incurred extra expense in law enforcement, arising by reason df federal
legislation transferring jurisdiction over Indian criminal law matters to the State and County appears to
be eligible for assistance as provided under the provisions of Sections 20.455(2)(d), 59-07(141) and
165.90 of the Wisconsin Statutes,
NOW, THEREFORE, BE IT RESOLVED, by the County Board of Supervisors of Bayfield County, duly assembled
this 29th day of May 1984, that application be made to the State of Wisconsin, for assistance under the
provisions of Sections 20-455(2)(d), 59-07(141) and 165.90 of the Wisconsin Statutes, for law enforcement for
the fiscal year ending June 30, 1985.
SIGNED: Edwin Renoos
Moved by Gordon and seconded by Jacobson to adopt.
Bill Bussey was present to explain the resolution. A discussion was held on whether the money should
be retained by the county or be turned over to the tribe. The question was asked on the motion.to adopt.
Motion carried.
No. 15
Moved by Erickson and seconded by Janz to adjourn. Motion carried.
.7
Edwin Renoos, Bayfield County Board Chairman es C. Strom., Bayfield County Clerk
I